Sub. H. B. No. 153 As Pending in the House Finance and Appropriations Committee (L# 1066-4)

As Pending in the House Finance and Appropriations Committee (L# 1066-4)

129th General Assembly

Regular Session

2011-2012

Sub. H. B. No. 153

Representative Amstutz

A BILL

To amend sections 7.10, 7.11, 7.12, 9.03, 9.06,

9.231, 9.24, 9.33, 9.331, 9.332, 9.333, 101.15,

102.02, 105.41, 107.09, 109.02, 109.36, 109.42,

109.57, 109.572, 111.12, 111.15, 111.16, 111.18,

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

118.12, 118.99, 121.03, 121.04, 121.22, 121.37,

121.40, 121.401, 121.402, 121.403, 121.404,

122.085, 122.088, 122.0810, 122.0816, 122.0819,

122.171, 122.65, 122.652, 122.653, 122.657,

122.76, 123.011, 124.09, 124.23, 124.231, 124.24,

124.25, 124.26, 124.27, 124.31, 124.34, 124.393,

125.021, 125.15, 125.18, 125.28, 125.89, 126.12,

126.21, 126.24, 126.50, 127.16, 131.44, 131.51,

133.06, 133.20, 135.61, 135.65, 135.66, 145.27,

149.01, 149.091, 149.11, 149.311, 153.01, 153.02,

153.03, 153.07, 153.08, 153.50, 153.51, 153.52,

153.54, 153.56, 153.57, 153.581, 153.65, 153.66,

153.67, 153.69, 153.70, 153.71, 153.80, 154.02,

154.07, 164.02, 164.04, 164.05, 164.051, 164.06,

164.08, 164.14, 164.21, 166.02, 173.14, 173.21,

173.26, 173.35, 173.351, 173.36, 173.391, 173.40,

173.401, 173.403, 173.404, 173.42, 173.45, 173.46,

173.47, 173.48, 173.501, 183.30, 183.51, 185.01,

185.03, 185.06, 185.10, 307.86, 307.93, 319.301,

323.78, 340.02, 340.03, 340.05, 340.091, 340.11,

341.192, 341.35, 349.01, 349.03, 349.04, 349.06,

349.07, 349.09, 349.14, 505.101, 507.09, 705.16,

718.01, 742.41, 753.03, 753.15, 755.16, 755.29,

901.09, 924.52, 927.69, 1309.528, 1327.46,

1327.50, 1327.51, 1327.511, 1327.54, 1327.57,

1327.62, 1327.99, 1329.04, 1329.42, 1332.24,

1501.022, 1501.40, 1503.05, 1505.01, 1505.04,

1505.06, 1505.09, 1505.11, 1505.99, 1509.01,

1509.02, 1509.021, 1509.03, 1509.04, 1509.041,

1509.05, 1509.06, 1509.061, 1509.062, 1509.07,

1509.071, 1509.072, 1509.073, 1509.08, 1509.09,

1509.10, 1509.11, 1509.12, 1509.13, 1509.14,

1509.15, 1509.17, 1509.181, 1509.19, 1509.21,

1509.22, 1509.221, 1509.222, 1509.223, 1509.224,

1509.225, 1509.226, 1509.23, 1509.24, 1509.25,

1509.26, 1509.27, 1509.28, 1509.29, 1509.31,

1509.32, 1509.33, 1509.34, 1509.36, 1509.38,

1509.40, 1509.50, 1510.01, 1510.08, 1515.14,

1517.02, 1531.04, 1541.03, 1541.05, 1551.311,

1551.32, 1551.33, 1551.35, 1555.02, 1555.03,

1555.04, 1555.05, 1555.06, 1555.08, 1555.17,

1561.06, 1561.12, 1561.13, 1561.35, 1561.49,

1563.06, 1563.24, 1563.28, 1571.01, 1571.02,

1571.03, 1571.04, 1571.05, 1571.06, 1571.08,

1571.09, 1571.10, 1571.11, 1571.14, 1571.16,

1571.18, 1571.99, 1701.07, 1702.59, 1703.031,

1703.07, 1707.11, 1707.17, 1728.07, 1751.01,

1751.04, 1751.11, 1751.111, 1751.12, 1751.13,

1751.15, 1751.17, 1751.20, 1751.31, 1751.34,

1751.60, 1761.04, 1776.83, 1785.06, 1901.18,

1909.11, 1923.01, 1923.02, 1923.061, 1923.15,

2101.08, 2151.011, 2151.312, 2151.354, 2151.412,

2151.421, 2151.424, 2152.26, 2152.72, 2301.03,

2301.18, 2301.20, 2301.21, 2301.22, 2301.23,

2301.24, 2301.25, 2301.26, 2305.01, 2317.02,

2317.422, 2319.27, 2335.05, 2335.06, 2501.16,

2501.17, 2743.09, 2744.05, 2903.33, 2919.271,

2929.14, 2929.19, 2929.41, 2939.11, 2945.371,

2945.38, 2945.39, 2945.40, 2945.401, 2945.402,

3109.16, 3111.04, 3113.06, 3119.54, 3121.48,

3123.44, 3123.45, 3123.55, 3123.56, 3123.58,

3123.59, 3123.63, 3301.07, 3301.071, 3301.079,

3301.0710, 3301.0711, 3301.0712, 3301.16,

3301.162, 3301.70, 3302.02, 3302.031, 3302.05,

3302.07, 3304.181, 3304.182, 3306.12, 3307.20,

3307.31, 3307.64, 3309.22, 3309.41, 3309.48,

3309.51, 3310.02, 3310.03, 3310.05, 3310.08,

3310.41, 3311.05, 3311.06, 3311.19, 3311.21,

3311.29, 3311.52, 3311.76, 3313.29, 3313.372,

3313.41, 3313.46, 3313.55, 3313.603, 3313.61,

3313.611, 3313.612, 3313.614, 3313.64, 3313.6410,

3313.65, 3313.842, 3313.843, 3313.845, 3313.975,

3313.978, 3313.981, 3314.01, 3314.013, 3314.015,

3314.02, 3314.021, 3314.026, 3314.03, 3314.04,

3314.05, 3314.06, 3314.07, 3314.08, 3314.087,

3314.088, 3314.091, 3314.10, 3314.19, 3314.26,

3314.35, 3314.36, 3315.01, 3316.041, 3316.06,

3316.20, 3317.01, 3317.013, 3317.014, 3317.018,

3317.02, 3317.021, 3317.022, 3317.023, 3317.024,

3317.025, 3317.0210, 3317.0211, 3317.03, 3317.031,

3317.05, 3317.051, 3317.053, 3317.06, 3317.061,

3317.07, 3317.08, 3317.081, 3317.082, 3317.09,

3317.11, 3317.12, 3317.13, 3317.14, 3317.16,

3317.18, 3317.19, 3317.20, 3317.201, 3318.032,

3318.05, 3318.051, 3318.08, 3318.12, 3318.31,

3318.36, 3318.37, 3318.38, 3318.41, 3319.02,

3319.08, 3319.088, 3319.11, 3319.111, 3319.14,

3319.16, 3319.17, 3319.18, 3319.19, 3319.26,

3319.31, 3319.311, 3319.39, 3319.57, 3319.71,

3323.09, 3323.091, 3323.14, 3323.142, 3323.31,

3324.05, 3325.01, 3325.08, 3326.11, 3326.33,

3326.39, 3327.02, 3327.04, 3327.05, 3329.08,

3331.01, 3333.03, 3333.043, 3333.31, 3333.66,

3333.81, 3333.82, 3333.83, 3333.84, 3333.85,

3333.87, 3333.90, 3334.19, 3345.061, 3345.14,

100

3353.04, 3354.16, 3357.16, 3365.01, 3365.08,

101

3501.17, 3506.05, 3701.021, 3701.023, 3701.07,

102

3701.61, 3701.74, 3701.83, 3702.31, 3704.06,

103

3704.14, 3705.24, 3709.085, 3709.09, 3709.092,

104

3709.34, 3721.01, 3721.02, 3721.16, 3721.50,

105

3721.51, 3721.561, 3721.58, 3722.01, 3722.011,

106

3722.02, 3722.021, 3722.022, 3722.04, 3722.041,

107

3722.05, 3722.06, 3722.07, 3722.08, 3722.09,

108

3722.10, 3722.11, 3722.12, 3722.13, 3722.14,

109

3722.15, 3722.151, 3722.16, 3722.17, 3722.18,

110

3729.01, 3733.02, 3733.021, 3733.022, 3733.024,

111

3733.025, 3733.03, 3733.04, 3733.05, 3733.06,

112

3733.08, 3733.09, 3733.091, 3733.10, 3733.101,

113

3733.11, 3733.12, 3733.121, 3733.122, 3733.123,

114

3733.13, 3733.14, 3733.15, 3733.17, 3733.18,

115

3733.19, 3733.20, 3733.41, 3733.99, 3734.02,

116

3734.05, 3734.06, 3734.18, 3734.19, 3734.20,

117

3734.21, 3734.22, 3734.23, 3734.24, 3734.25,

118

3734.26, 3734.27, 3734.28, 3734.282, 3734.57,

119

3734.85, 3734.901, 3737.83, 3737.841, 3737.87,

120

3737.88, 3745.015, 3745.05, 3745.11, 3746.02,

121

3750.081, 3769.07, 3769.08, 3769.20, 3769.26,

122

3770.03, 3770.05, 3772.062, 3781.06, 3781.183,

123

3791.043, 3793.04, 3793.06, 3793.21, 3901.3814,

124

3903.01, 3923.28, 3923.281, 3923.30, 3924.10,

125

3963.01, 3963.11, 4113.11, 4113.61, 4115.03,

126

4115.033, 4115.034, 4115.04, 4115.10, 4115.101,

127

4115.16, 4116.01, 4117.01, 4117.03, 4117.06,

128

4123.27, 4131.03, 4141.08, 4141.11, 4141.33,

129

4301.12, 4301.43, 4303.02, 4303.208, 4503.061,

130

4503.062, 4503.235, 4503.70, 4503.93, 4506.071,

131

4507.111, 4507.164, 4511.191, 4511.193, 4517.01,

132

4517.04, 4517.09, 4517.10, 4517.12, 4517.13,

133

4517.14, 4517.23, 4517.24, 4517.44, 4705.021,

134

4709.13, 4725.34, 4725.48, 4725.50, 4725.52,

135

4725.57, 4731.65, 4731.71, 4733.15, 4733.151,

136

4736.12, 4757.31, 4781.01, 4781.02, 4781.04,

137

4781.07, 4781.09, 4781.14, 4781.15, 4781.99,

138

4905.90, 4909.15, 4911.02, 4927.17, 4928.10,

139

4928.18, 4929.22, 5101.16, 5101.181, 5101.182,

140

5101.183, 5101.244, 5101.26, 5101.27, 5101.271,

141

5101.272, 5101.28, 5101.30, 5101.35, 5101.37,

142

5101.46, 5101.47, 5101.571, 5101.573, 5101.58,

143

5101.60, 5101.61, 5104.32, 5104.341, 5104.35,

144

5104.37, 5104.38, 5104.39, 5104.42, 5104.43,

145

5111.012, 5111.013, 5111.0112, 5111.021, 5111.023,

146

5111.025, 5111.031, 5111.06, 5111.113, 5111.13,

147

5111.151, 5111.16, 5111.162, 5111.17, 5111.172,

148

5111.20, 5111.21, 5111.211, 5111.222, 5111.23,

149

5111.231, 5111.235, 5111.24, 5111.241, 5111.244,

150

5111.25, 5111.251, 5111.254, 5111.258, 5111.27,

151

5111.28, 5111.33, 5111.35, 5111.52, 5111.54,

152

5111.62, 5111.65, 5111.66, 5111.67, 5111.671,

153

5111.672, 5111.68, 5111.681, 5111.687, 5111.689,

154

5111.709, 5111.85, 5111.871, 5111.872, 5111.873,

155

5111.874, 5111.877, 5111.88, 5111.89, 5111.891,

156

5111.894, 5111.911, 5111.912, 5111.913, 5111.94,

157

5111.941, 5111.97, 5112.30, 5112.31, 5112.37,

158

5112.371, 5112.39, 5112.40, 5112.41, 5112.46,

159

5112.99, 5119.01, 5119.02, 5119.06, 5119.18,

160

5119.22, 5119.221, 5119.61, 5119.611, 5119.612,

161

5119.613, 5119.62, 5119.621, 5119.99, 5120.135,

162

5120.17, 5120.28, 5120.29, 5122.01, 5122.02,

163

5122.15, 5122.21, 5122.27, 5122.271, 5122.29,

164

5122.31, 5122.32, 5123.01, 5123.0413, 5123.0417,

165

5123.051, 5123.092, 5123.171, 5123.18, 5123.19,

166

5123.191, 5123.194, 5123.35, 5123.352, 5123.45,

167

5123.60, 5123.61, 5123.63, 5123.64, 5123.69,

168

5123.701, 5123.86, 5123.99, 5126.01, 5126.029,

169

5126.04, 5126.042, 5126.05, 5126.054, 5126.0510,

170

5126.0511, 5126.0512, 5126.08, 5126.11, 5126.12,

171

5126.23, 5126.24, 5126.33, 5126.41, 5139.11,

172

5139.43, 5505.04, 5540.03, 5701.13, 5703.05,

173

5703.37, 5705.14, 5705.211, 5705.392, 5707.031,

174

5709.07, 5709.62, 5709.63, 5709.632, 5715.26,

175

5721.30, 5721.31, 5721.32, 5721.37, 5721.38,

176

5721.42, 5725.151, 5725.24, 5725.98, 5727.84,

177

5727.85, 5727.86, 5729.98, 5731.02, 5731.18,

178

5731.181, 5731.19, 5731.21, 5731.39, 5733.0610,

179

5739.02, 5747.01, 5747.058, 5747.113, 5747.46,

180

5747.51, 5751.01, 5751.011, 5751.20, 5751.21,

181

5751.22, 5751.23, 5751.50, 5753.01, 6103.04,

182

6109.21, 6111.038, 6111.044, 6111.46, 6115.20, and

183

6117.05; to amend, for the purpose of adopting new

184

section numbers as indicated in parentheses,

185

sections 173.35 (5119.69), 173.351 (5119.691),

186

173.36 (5119.692), 3306.12 (3317.0212), 3314.20

187

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

188

3722.011 (5119.701), 3722.02 (5119.71), 3722.021

189

(5119.711), 3722.022 (5119.712), 3722.03

190

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

191

3722.05 (5119.74), 3722.06 (5119.75), 3722.07

192

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

193

3722.10 (5119.79), 3722.11 (5119.80), 3722.12

194

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

195

3722.15 (5119.84), 3722.151 (5119.85), 3722.16

196

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

197

3733.02 (4781.26), 3733.021 (4781.31), 3733.022

198

(4781.32), 3733.024 (4781.33), 3733.025 (4781.34),

199

3733.03 (4781.27), 3733.04 (4781.28), 3733.05

200

(4781.29), 3733.06 (4781.30), 3733.08 (4781.35),

201

3733.09 (4781.36), 3733.091 (4781.37), 3733.10

202

(4781.38), 3733.101 (4781.39), 3733.11 (4781.40),

203

3733.12 (4781.41), 3733.121 (4781.42), 3733.122

204

(4781.43), 3733.123 (4781.44), 3733.13 (4781.45),

205

3733.14 (4781.46), 3733.15 (4781.47), 3733.16

206

(4781.48), 3733.17 (4781.49), 3733.18 (4781.50),

207

3733.19 (4781.51), 3733.20 (4781.52), 5101.271

208

(5101.272), 5101.272 (5101.273), 5111.14

209

(5111.141), 5111.261 (5111.263), 5111.892

210

(5111.893), 5119.612 (5119.613), 5119.613

211

(5119.614), and 5123.60 (5123.601); to enact new

212

sections 2151.56, 2151.57, 2151.58, 2151.59,

213

3319.112, 5101.271, 5111.14, 5111.261, 5111.861,

214

5111.892, 5119.612, 5123.60, and 5126.18, and

215

sections 7.16, 9.031, 9.05, 9.334, 9.335, 9.482,

216

111.181, 111.28, 111.29, 118.025, 118.31, 124.394,

217

125.182, 125.213, 126.141, 126.60, 126.601,

218

126.602, 126.603, 126.604, 126.605, 149.308,

219

153.501, 153.502, 153.53, 153.55, 153.692,

220

153.693, 153.694, 153.72, 153.73, 154.24, 154.25,

221

164.30, 173.41, 183.151, 305.23, 306.332, 306.55,

222

306.551, 349.17, 1327.501, 1505.011, 1505.05,

223

1509.022, 1541.25, 1541.26, 1571.012, 1571.013,

224

1571.014, 2151.429, 2335.061, 3123.591, 3302.042,

225

3302.06, 3302.061, 3302.062, 3302.063, 3302.064,

226

3302.065, 3302.066, 3302.067, 3302.068, 3302.12,

227

3302.20, 3302.21, 3302.22, 3302.23, 3302.24,

228

3302.25, 3302.30, 3311.0510, 3313.411, 3313.617,

229

3313.846, 3313.88, 3314.019, 3314.029, 3314.38,

230

3314.50, 3317.141, 3318.054, 3318.371, 3318.48,

231

3318.60, 3319.113, 3319.227, 3319.58, 3323.25,

232

3324.08, 3328.01 to 3328.04, 3328.11 to 3328.15,

233

3328.17 to 3328.19, 3328.191, 3328.192, 3328.193,

234

3328.20 to 3328.26, 3328.41, 3328.45, 3328.50,

235

3328.99, 3333.43, 3345.023, 3345.81, 3353.15,

236

3521.04, 3701.0211, 3701.032, 3701.94, 3701.941,

237

3709.341, 3745.016, 3770.031, 3793.061, 3903.301,

238

4313.01, 4313.02, 4729.021, 4781.121, 4911.021,

239

5111.0122, 5111.0123, 5111.0124, 5111.0125,

240

5111.0212, 5111.0213, 5111.0214, 5111.0215,

241

5111.035, 5111.051, 5111.052, 5111.063, 5111.085,

242

5111.161, 5111.179, 5111.224, 5111.225, 5111.259,

243

5111.271, 5111.511, 5111.83, 5111.862, 5111.863,

244

5111.944, 5111.945, 5111.981, 5112.991, 5119.012,

245

5119.013, 5119.222, 5119.622, 5119.623, 5120.092,

246

5122.341, 5123.0418, 5123.0419, 5123.0420,

247

5501.84, and 5703.059; and to repeal sections

248

122.0818, 122.12, 122.121, 122.452, 126.04,

249

126.501, 126.502, 126.507, 165.031, 179.01,

250

179.02, 179.03, 179.04, 340.08, 1501.031, 1551.13,

251

2151.56, 2151.57, 2151.58, 2151.59, 2151.60,

252

2151.61, 2301.19, 3123.52, 3123.61, 3123.612,

253

3123.613, 3123.614, 3306.01, 3306.011, 3306.012,

254

3306.02, 3306.03, 3306.04, 3306.05, 3306.051,

255

3306.052, 3306.06, 3306.07, 3306.08, 3306.09,

256

3306.091, 3306.10, 3306.11, 3306.13, 3306.18,

257

3306.19, 3306.191, 3306.192, 3306.21, 3306.22,

258

3306.25, 3306.29, 3306.291, 3306.292, 3306.30,

259

3306.31, 3306.33, 3306.34, 3306.35, 3306.40,

260

3306.51, 3306.52, 3306.53, 3306.54, 3306.55,

261

3306.56, 3306.57, 3306.58, 3306.59, 3311.059,

262

3314.014, 3314.016, 3314.017, 3314.025, 3314.082,

263

3314.085, 3314.402, 3317.011, 3317.016, 3317.017,

264

3317.0216, 3317.04, 3317.17, 3318.312, 3319.112,

265

3319.161, 3329.16, 3349.242, 3706.042, 3721.56,

266

3722.99, 3733.01, 3733.031, 3733.07, 3923.90,

267

3923.91, 4115.032, 4582.37, 4981.23, 5101.5211,

268

5101.5212, 5101.5213, 5101.5214, 5101.5215,

269

5101.5216, 5111.243, 5111.34, 5111.861, 5111.893,

270

5111.971, 5122.36, 5123.172, 5123.181, 5123.193,

271

5123.211, 5123.601, 5123.602, 5123.603, 5123.604,

272

5123.605, 5126.18, and 5126.19 of the Revised

273

Code; to amend Section 205.10 of Am. Sub. H.B. 114

274

of the 129th General Assembly, Section 125.10 of

275

Am. Sub. H.B. 1 of the 128th General Assembly,

276

Section 5 of Sub. H.B. 125 of the 127th General

277

Assembly, as subsequently amended, and Section 153

278

of Am. Sub. H.B. 117 of the 121st General

279

Assembly, as subsequently amended; to repeal

280

Section 5 of Sub. H.B. 2 of the 127th General

281

Assembly; and to amend the version of section

282

5111.913 of the Revised Code that results from

283

Section 101.01 of this act on July 1, 2012; and to

284

terminate certain provisions of this act on July

285

1, 2012, by repealing sections 126.60, 126.601,

286

126.602, 126.603, 126.604, and 126.605 on that

287

date; to make operating appropriations for the

288

biennium beginning July 1, 2011, and ending June

289

30, 2013; and to provide authorization and

290

conditions for the operation of programs,

291

including reforms for the efficient and effective

292

operation of state and local government.

293

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

Section 101.01. That sections 7.10, 7.11, 7.12, 9.03, 9.06,	294
9.231, 9.24, 9.33, 9.331, 9.332, 9.333, 101.15, 102.02, 105.41,	295
107.09, 109.02, 109.36, 109.42, 109.57, 109.572, 111.12, 111.15,	296
111.16, 111.18, 117.101, 117.13, 118.023, 118.04, 118.05, 118.06,	297
118.12, 118.99, 121.03, 121.04, 121.22, 121.37, 121.40, 121.401,	298
121.402, 121.403, 121.404, 122.085, 122.088, 122.0810, 122.0816,	299
122.0819, 122.171, 122.65, 122.652, 122.653, 122.657, 122.76,	300
123.011, 124.09, 124.23, 124.231, 124.24, 124.25, 124.26, 124.27,	301
124.31, 124.34, 124.393, 125.021, 125.15, 125.18, 125.28, 125.89,	302
126.12, 126.21, 126.24, 126.50, 127.16, 131.44, 131.51, 133.06,	303
133.20, 135.61, 135.65, 135.66, 145.27, 149.01, 149.091, 149.11,	304
149.311, 153.01, 153.02, 153.03, 153.07, 153.08, 153.50, 153.51,	305
153.52, 153.54, 153.56, 153.57, 153.581, 153.65, 153.66, 153.67,	306
153.69, 153.70, 153.71, 153.80, 154.02, 154.07, 164.02, 164.04,	307
164.05, 164.051, 164.06, 164.08, 164.14, 164.21, 166.02, 173.14,	308
173.21, 173.26, 173.35, 173.351, 173.36, 173.391, 173.40, 173.401,	309
173.403, 173.404, 173.42, 173.45, 173.46, 173.47, 173.48, 173.501,	310
183.30, 183.51, 185.01, 185.03, 185.06, 185.10, 307.86, 307.93,	311
319.301, 323.78, 340.02, 340.03, 340.05, 340.091, 340.11, 341.192,	312
341.35, 349.01, 349.03, 349.04, 349.06, 349.07, 349.09, 349.14,	313
505.101, 507.09, 705.16, 718.01, 742.41, 753.03, 753.15, 755.16,	314
755.29, 901.09, 924.52, 927.69, 1309.528, 1327.46, 1327.50,	315
1327.51, 1327.511, 1327.54, 1327.57, 1327.62, 1327.99, 1329.04,	316
1329.42, 1332.24, 1501.022, 1501.40, 1503.05, 1505.01, 1505.04,	317
1505.06, 1505.09, 1505.11, 1505.99, 1509.01, 1509.02, 1509.021,	318
1509.03, 1509.04, 1509.041, 1509.05, 1509.06, 1509.061, 1509.062,	319
1509.07, 1509.071, 1509.072, 1509.073, 1509.08, 1509.09, 1509.10,	320
1509.11, 1509.12, 1509.13, 1509.14, 1509.15, 1509.17, 1509.181,	321
1509.19, 1509.21, 1509.22, 1509.221, 1509.222, 1509.223, 1509.224,	322
1509.225, 1509.226, 1509.23, 1509.24, 1509.25, 1509.26, 1509.27,	323
1509.28, 1509.29, 1509.31, 1509.32, 1509.33, 1509.34, 1509.36,	324
1509.38, 1509.40, 1509.50, 1510.01, 1510.08, 1515.14, 1517.02,	325
1531.04, 1541.03, 1541.05, 1551.311, 1551.32, 1551.33, 1551.35,	326
1555.02, 1555.03, 1555.04, 1555.05, 1555.06, 1555.08, 1555.17,	327
1561.06, 1561.12, 1561.13, 1561.35, 1561.49, 1563.06, 1563.24,	328
1563.28, 1571.01, 1571.02, 1571.03, 1571.04, 1571.05, 1571.06,	329
1571.08, 1571.09, 1571.10, 1571.11, 1571.14, 1571.16, 1571.18,	330
1571.99, 1701.07, 1702.59, 1703.031, 1703.07, 1707.11, 1707.17,	331
1728.07, 1751.01, 1751.04, 1751.11, 1751.111, 1751.12, 1751.13,	332
1751.15, 1751.17, 1751.20, 1751.31, 1751.34, 1751.60, 1761.04,	333
1776.83, 1785.06, 1901.18, 1909.11, 1923.01, 1923.02, 1923.061,	334
1923.15, 2101.08, 2151.011, 2151.312, 2151.354, 2151.412,	335
2151.421, 2151.424, 2152.26, 2152.72, 2301.03, 2301.18, 2301.20,	336
2301.21, 2301.22, 2301.23, 2301.24, 2301.25, 2301.26, 2305.01,	337
2317.02, 2317.422, 2319.27, 2335.05, 2335.06, 2501.16, 2501.17,	338
2743.09, 2744.05, 2903.33, 2919.271, 2929.14, 2929.19, 2929.41,	339
2939.11, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401, 2945.402,	340
3109.16, 3111.04, 3113.06, 3119.54, 3121.48, 3123.44, 3123.45,	341
3123.55, 3123.56, 3123.58, 3123.59, 3123.63, 3301.07, 3301.071,	342
3301.079, 3301.0710, 3301.0711, 3301.0712, 3301.16, 3301.162,	343
3301.70, 3302.02, 3302.031, 3302.05, 3302.07, 3304.181, 3304.182,	344
3306.12, 3307.20, 3307.31, 3307.64, 3309.22, 3309.41, 3309.48,	345
3309.51, 3310.02, 3310.03, 3310.05, 3310.08, 3310.41, 3311.05,	346
3311.06, 3311.19, 3311.21, 3311.29, 3311.52, 3311.76, 3313.29,	347
3313.372, 3313.41, 3313.46, 3313.55, 3313.603, 3313.61, 3313.611,	348
3313.612, 3313.614, 3313.64, 3313.6410, 3313.65, 3313.842,	349
3313.843, 3313.845, 3313.975, 3313.978, 3313.981, 3314.01,	350
3314.013, 3314.015, 3314.02, 3314.021, 3314.026, 3314.03, 3314.04,	351
3314.05, 3314.06, 3314.07, 3314.08, 3314.087, 3314.088, 3314.091,	352
3314.10, 3314.19, 3314.26, 3314.35, 3314.36, 3315.01, 3316.041,	353
3316.06, 3316.20, 3317.01, 3317.013, 3317.014, 3317.018, 3317.02,	354
3317.021, 3317.022, 3317.023, 3317.024, 3317.025, 3317.0210,	355
3317.0211, 3317.03, 3317.031, 3317.05, 3317.051, 3317.053,	356
3317.06, 3317.061, 3317.07, 3317.08, 3317.081, 3317.082, 3317.09,	357
3317.11, 3317.12, 3317.13, 3317.14, 3317.16, 3317.18, 3317.19,	358
3317.20, 3317.201, 3318.032, 3318.05, 3318.051, 3318.08, 3318.12,	359
3318.31, 3318.36, 3318.37, 3318.38, 3318.41, 3319.02, 3319.08,	360
3319.088, 3319.11, 3319.111, 3319.14, 3319.16, 3319.17, 3319.18,	361
3319.19, 3319.26, 3319.31, 3319.311, 3319.39, 3319.57, 3319.71,	362
3323.09, 3323.091, 3323.14, 3323.142, 3323.31, 3324.05, 3325.01,	363
3325.08, 3326.11, 3326.33, 3326.39, 3327.02, 3327.04, 3327.05,	364
3329.08, 3331.01, 3333.03, 3333.043, 3333.31, 3333.66, 3333.81,	365
3333.82, 3333.83, 3333.84, 3333.85, 3333.87, 3333.90, 3334.19,	366
3345.061, 3345.14, 3353.04, 3354.16, 3357.16, 3365.01, 3365.08,	367
3501.17, 3506.05, 3701.021, 3701.023, 3701.07, 3701.61, 3701.74,	368
3701.83, 3702.31, 3704.06, 3704.14, 3705.24, 3709.085, 3709.09,	369
3709.092, 3709.34, 3721.01, 3721.02, 3721.16, 3721.50, 3721.51,	370
3721.561, 3721.58, 3722.01, 3722.011, 3722.02, 3722.021, 3722.022,	371
3722.04, 3722.041, 3722.05, 3722.06, 3722.07, 3722.08, 3722.09,	372
3722.10, 3722.11, 3722.12, 3722.13, 3722.14, 3722.15, 3722.151,	373
3722.16, 3722.17, 3722.18, 3729.01, 3733.02, 3733.021, 3733.022,	374
3733.024, 3733.025, 3733.03, 3733.04, 3733.05, 3733.06, 3733.08,	375
3733.09, 3733.091, 3733.10, 3733.101, 3733.11, 3733.12, 3733.121,	376
3733.122, 3733.123, 3733.13, 3733.14, 3733.15, 3733.17, 3733.18,	377
3733.19, 3733.20, 3733.41, 3733.99, 3734.02, 3734.05, 3734.06,	378
3734.18, 3734.19, 3734.20, 3734.21, 3734.22, 3734.23, 3734.24,	379
3734.25, 3734.26, 3734.27, 3734.28, 3734.282, 3734.57, 3734.85,	380
3734.901, 3737.83, 3737.841, 3737.87, 3737.88, 3745.015, 3745.05,	381
3745.11, 3746.02, 3750.081, 3769.07, 3769.08, 3769.20, 3769.26,	382
3770.03, 3770.05, 3772.062, 3781.06, 3781.183, 3791.043, 3793.04,	383
3793.06, 3793.21, 3901.3814, 3903.01, 3923.28, 3923.281, 3923.30,	384
3924.10, 3963.01, 3963.11, 4113.11, 4113.61, 4115.03, 4115.033,	385
4115.034, 4115.04, 4115.10, 4115.101, 4115.16, 4116.01, 4117.01,	386
4117.03, 4117.06, 4123.27, 4131.03, 4141.08, 4141.11, 4141.33,	387
4301.12, 4301.43, 4303.02, 4303.208, 4503.061, 4503.062, 4503.235,	388
4503.70, 4503.93, 4506.071, 4507.111, 4507.164, 4511.191,	389
4511.193, 4705.021, 4517.01, 4517.04, 4517.09, 4517.10, 4517.12,	390
4517.13, 4517.14, 4517.23, 4517.24, 4517.44, 4709.13, 4725.34,	391
4725.48, 4725.50, 4725.52, 4725.57, 4731.65, 4731.71, 4733.15,	392
4733.151, 4736.12, 4757.31, 4781.01, 4781.02, 4781.04, 4781.07,	393
4781.09, 4781.14, 4781.15, 4781.99, 4905.90, 4909.15, 4911.02,	394
4927.17, 4928.10, 4928.18, 4929.22, 5101.16, 5101.181, 5101.182,	395
5101.183, 5101.244, 5101.26, 5101.27, 5101.271, 5101.272, 5101.28,	396
5101.30, 5101.35, 5101.37, 5101.46, 5101.47, 5101.571, 5101.573,	397
5101.58, 5101.60, 5101.61, 5104.32, 5104.341, 5104.35, 5104.37,	398
5104.38, 5104.39, 5104.42, 5104.43, 5111.012, 5111.013, 5111.0112,	399
5111.021, 5111.023, 5111.025, 5111.031, 5111.06, 5111.113,	400
5111.13, 5111.151, 5111.16, 5111.162, 5111.17, 5111.172, 5111.20,	401
5111.21, 5111.211, 5111.222, 5111.23, 5111.231, 5111.235, 5111.24,	402
5111.241, 5111.244, 5111.25, 5111.251, 5111.254, 5111.258,	403
5111.27, 5111.28, 5111.33, 5111.35, 5111.52, 5111.54, 5111.62,	404
5111.65, 5111.66, 5111.67, 5111.671, 5111.672, 5111.68, 5111.681,	405
5111.687, 5111.689, 5111.709, 5111.85, 5111.871, 5111.872,	406
5111.873, 5111.874, 5111.877, 5111.88, 5111.89, 5111.891,	407
5111.894, 5111.911, 5111.912, 5111.913, 5111.94, 5111.941,	408
5111.97, 5112.30, 5112.31, 5112.37, 5112.371, 5112.39, 5112.40,	409
5112.41, 5112.46, 5112.99, 5119.01, 5119.02, 5119.06, 5119.18,	410
5119.22, 5119.221, 5119.61, 5119.611, 5119.612, 5119.613, 5119.62,	411
5119.621, 5119.99, 5120.135, 5120.17, 5120.28, 5120.29, 5122.01,	412
5122.02, 5122.15, 5122.21, 5122.27, 5122.271, 5122.29, 5122.31,	413
5122.32, 5123.01, 5123.0413, 5123.0417, 5123.051, 5123.092,	414
5123.171, 5123.18, 5123.19, 5123.191, 5123.194, 5123.35, 5123.352,	415
5123.45, 5123.60, 5123.61, 5123.63, 5123.64, 5123.69, 5123.701,	416
5123.86, 5123.99, 5126.01, 5126.029, 5126.04, 5126.042, 5126.05,	417
5126.054, 5126.0510, 5126.0511, 5126.0512, 5126.08, 5126.11,	418
5126.12, 5126.23, 5126.24, 5126.33, 5126.41, 5139.11, 5139.43,	419
5505.04, 5540.03, 5701.13, 5703.05, 5703.37, 5705.14, 5705.211,	420
5705.392, 5707.031, 5709.07, 5709.62, 5709.63, 5709.632, 5715.26,	421
5721.30, 5721.31, 5721.32, 5721.37, 5721.38, 5721.42, 5725.151,	422
5725.24, 5725.98, 5727.84, 5727.85, 5727.86, 5729.98, 5731.02,	423
5731.18, 5731.181, 5731.19, 5731.21, 5731.39, 5733.0610, 5739.02,	424
5747.01, 5747.058, 5747.113, 5747.46, 5747.51, 5751.01, 5751.011,	425
5751.20, 5751.21, 5751.22, 5751.23, 5751.50, 5753.01, 6103.04,	426
6109.21, 6111.038, 6111.044, 6111.46, 6115.20, and 6117.05 be	427
amended; sections 173.35 (5119.69), 173.351 (5119.691), 173.36	428
(5119.692), 3306.12 (3317.0212), 3314.20 (3313.473), 3721.561	429
(3721.56), 3722.01 (5119.70), 3722.011 (5119.701), 3722.02	430
(5119.71), 3722.021 (5119.711), 3722.022 (5119.712), 3722.03	431
(5119.72), 3722.04 (5119.73), 3722.041 (5119.731), 3722.05	432
(5119.74), 3722.06 (5119.75), 3722.07 (5119.76), 3722.08	433
(5119.77), 3722.09 (5119.78), 3722.10 (5119.79), 3722.11	434
(5119.80), 3722.12 (5119.81), 3722.13 (5119.82), 3722.14	435
(5119.83), 3722.15 (5119.84), 3722.151 (5119.85), 3722.16	436
(5119.86), 3722.17 (5119.87), 3722.18 (5119.88), 3733.02	437
(4781.26), 3733.021 (4781.31), 3733.022 (4781.32), 3733.024	438
(4781.33), 3733.025 (4781.34), 3733.03 (4781.27), 3733.04	439
(4781.28), 3733.05 (4781.29), 3733.06 (4781.30), 3733.08	440
(4781.35), 3733.09 (4781.36), 3733.091 (4781.37), 3733.10	441
(4781.38), 3733.101 (4781.39), 3733.11 (4781.40), 3733.12	442
(4781.41), 3733.121 (4781.42), 3733.122 (4781.43), 3733.123	443
(4781.44), 3733.13 (4781.45), 3733.14 (4781.46), 3733.15	444
(4781.47), 3733.16 (4781.48), 3733.17 (4781.49), 3733.18	445
(4781.50), 3733.19 (4781.51), 3733.20 (4781.52), 5101.271	446
(5101.272), 5101.272 (5101.273), 5111.14 (5111.141), 5111.261	447
(5111.263), 5111.892 (5111.893), 5119.612 (5119.613), 5119.613	448
(5119.614), and 5123.60 (5123.601) be amended for the purpose of	449
adopting new section numbers as indicated in parentheses; that new	450
sections 2151.56, 2151.57, 2151.58, 2151.59, 3319.112, 5101.271,	451
5111.14, 5111.261, 5111.861, 5111.892, 5119.612, 5123.60, and	452
5126.18, and sections 7.16, 9.031, 9.05, 9.334, 9.335, 9.482,	453
111.181, 111.28, 111.29, 118.025, 118.31, 124.394, 125.182,	454
125.213, 126.141, 126.60, 126.601, 126.602, 126.603, 126.604,	455
126.605, 149.308, 153.501, 153.502, 153.53, 153.55, 153.692,	456
153.693, 153.694, 153.72, 153.73, 154.24, 154.25, 164.30, 173.41,	457
183.151, 305.23, 306.332, 306.55, 306.551, 349.17, 1327.501,	458
1505.011, 1505.05, 1509.022, 1541.25, 1541.26, 1571.012, 1571.013,	459
1571.014, 2151.429, 2335.061, 3123.591, 3302.042, 3302.06,	460
3302.061, 3302.062, 3302.063, 3302.064, 3302.065, 3302.066,	461
3302.067, 3302.068, 3302.12, 3302.20, 3302.21, 3302.22, 3302.23,	462
3302.24, 3302.25, 3302.30, 3311.0510, 3313.411, 3313.617,	463
3313.846, 3313.88, 3314.019, 3314.029, 3314.38, 3314.50, 3317.141,	464
3318.054, 3318.371, 3318.48, 3318.60, 3319.113, 3319.227, 3319.58,	465
3323.25, 3324.08, 3328.01, 3328.02, 3328.03, 3328.04, 3328.11,	466
3328.12, 3328.13, 3328.14, 3328.15, 3328.17, 3328.18, 3328.19,	467
3328.191, 3328.192, 3328.193, 3328.20, 3328.21, 3328.22, 3328.23,	468
3328.24, 3328.25, 3328.26, 3328.41, 3328.45, 3328.50, 3328.99,	469
3333.43, 3345.023, 3345.81, 3353.15, 3521.04, 3701.0211, 3701.032,	470
3701.94, 3701.941, 3709.341, 3745.016, 3770.031, 3793.061,	471
3903.301, 4313.01, 4313.02, 4729.021, 4781.121, 4911.021,	472
5111.0122, 5111.0123, 5111.0124, 5111.0125, 5111.0212, 5111.0213,	473
5111.0214, 5111.0215, 5111.035, 5111.051, 5111.052, 5111.063,	474
5111.085, 5111.161, 5111.179, 5111.224, 5111.225, 5111.259,	475
5111.271, 5111.511, 5111.83, 5111.862, 5111.863, 5111.944,	476
5111.945, 5111.981, 5112.991, 5119.012, 5119.013, 5119.222,	477
5119.622, 5119.623, 5120.092, 5122.341, 5123.0418, 5123.0419,	478
5123.0420, 5501.84, and 5703.059 of the Revised Code be enacted to	479
read as follows:	480

Sec. 7.10. For the publication of advertisements, notices,	481
and proclamations, except those relating to proposed amendments to	482
the Ohio ~~constitution~~Constitution, required to be published by a	483
public officer of the state, ~~county, municipal corporation,~~	484
~~township, school,~~a benevolent or other public institution, ~~or by~~	485
a trustee, assignee, executor, or administrator, or by or in any	486
court of record, except when the rate is otherwise fixed by law,	487
publishers of newspapers may charge and receive for such	488
advertisements, notices, and proclamations rates charged on annual	489
contracts by them for a like amount of space to other advertisers	490
who advertise in its general display advertising columns. ~~Legal~~	491

For the publication of advertisements, notices, and	492
proclamations required to be published by a public officer of a	493
political subdivision as defined in section 2744.01 of the Revised	494
Code, publishers of newspapers shall establish a government rate.	495
The government rate shall not exceed the lowest classified	496
advertising rate and lowest insert rate paid by other advertisers.	497

Legal advertising, except that relating to proposed	498
amendments to the Ohio ~~constitution~~Constitution, shall be set up	499
in a compact form, without unnecessary spaces, blanks, or	500
headlines, and printed in not smaller than six-point type. The	501
type used must be of such proportions that the body of the capital	502
letter M is no wider than it is high and all other letters and	503
characters are in proportion.	504

Except as provided in section 2701.09 of the Revised Code,	505
all legal advertisements or notices shall be printed in newspapers	506
published in the English language only.	507

Sec. 7.11. A proclamation for an election, an order fixing	508
the time of holding court, notice of the rates of taxation, bridge	509
and pike notices, notice to contractors, and such other	510
advertisements of general interest to the taxpayers as the county	511
auditor, county treasurer, probate judge, or board of county	512
commissioners deems proper shall be published in two newspapers of	513
opposite politics of general circulation as defined in section	514
5721.01 of the Revised Code at the county seat if there are such	515
newspapers published thereat. If there are not two newspapers of	516
opposite politics and of general circulation published in said	517
county seat, such publication shall be made in one newspaper	518
published in said county seat and in any other newspaper of	519
general circulation in said county as defined in section 5721.01	520
of the Revised Code, wherever published, without regard to the	521
politics of such other newspaper. In counties having cities of	522
eight thousand inhabitants or more, not the county seat of such	523
counties, additional publication of such notice shall be made in	524
two newspapers of opposite politics and of general circulation in	525
such city as defined in such section. For purposes of this	526
section, a newspaper independent in politics is a newspaper of	527
opposite politics to a newspaper of designated political	528
affiliation. Sections 7.10 to 7.13~~, inclusive,~~ of the Revised	529
Code, do not apply to the publication of notices of delinquent and	530
forfeited land sales.	531

The cost of any publication authorized by this section, which	532
isshall be printed in display form, shall be the ~~commercial~~	533
government rate ~~charged~~established by such newspaper under	534
section 7.10 of the Revised Code.	535

Sec. 7.12. Whenever any legal publication is required by law	536
to be made in a newspaper published in a municipal corporation,	537
county, or other political subdivision, the newspaper shall also	538
be a newspaper of general circulation in the municipal	539
corporation, county, or other political subdivision, without	540
further restriction or limitation upon a selection of the	541
newspaper to be used. If no newspaper is published in such	542
municipal corporation, county, or other political subdivision,	543
such legal publication shall be made in any newspaper of general	544
circulation therein. If there are less than two newspapers	545
published in any municipal corporation, county, or other political	546
subdivision in the manner defined by this section, then any legal	547
publication required by law to be made in a newspaper published in	548
a municipal corporation, county, or other political subdivision	549
may be made in any newspaper regularly issued at stated intervals	550
from a known office of publication located within the municipal	551
corporation, county, or other political subdivision. As used in	552
this section, a "known office of publication" is a public office	553
where the business of the newspaper is transacted during the usual	554
business hours, and such office shall be shown by the publication	555
itself. In any case, legal publication may be made in an insert	556
placed in the newspaper.	557

In addition to all other requirements, a newspaper or	558
newspaper of general circulation, except ~~those publications~~daily	559
law journals performing the functions described in section 2701.09	560
of the Revised Code for a period of one year immediately preceding	561
any ~~such~~legal publication required to be made, shall be a	562
publication bearing a title or name, regularly issued as	563
frequently as once a week ~~for a definite price or consideration~~	564
~~paid for by not less than fifty per cent of those to whom~~	565
~~distribution is made, having a second class mailing privilege~~,	566
being not less than four pages, published continuously during the	567
immediately preceding one-year period, and circulated generally in	568
the political subdivision in which it is published. ~~Such~~The	569
publication must be of a type to which the general public resorts	570
for passing events of a political, religious, commercial, and	571
social nature, current happenings, announcements, miscellaneous	572
reading matter, advertisements, and other notices, that has at	573
least twenty-five per cent editorial, nonadvertising content,	574
exclusive of inserts, measured relative to total publication	575
space, and that has an audited circulation to at least fifty per	576
cent of the households in the newspaper's retail trade zone, as	577
defined by the audit.	578

Sec. 7.16. (A) As used in this section:

579

(1) "State agency" has the meaning defined in section 1.60 of	580
the Revised Code, and includes state institutions of higher	581
education as defined in section 3345.011 of the Revised Code.	582

(2) "Political subdivision" has the meaning defined in	583
section 2744.01 of the Revised Code.	584

(B)(1) Notwithstanding any statute or rule that requires a	585
state agency or political subdivision to publish a notice in a	586
newspaper of general circulation, the state agency or political	587
subdivision may choose not to publish the notice in a newspaper of	588
general circulation, and instead to publish the notice on the	589
state public notice web site established by the office of	590
information technology under section 125.182 of the Revised Code.	591
In addition, the state agency or political subdivision may publish	592
the notice on its web site.	593

Except as provided in division (B)(2) of this section,	594
publication of a notice on the state public notice web site is in	595
lieu of newspaper publication that is otherwise required.	596

A state agency or political subdivision that is required to	597
publish a notice may submit a copy of the notice and a request for	598
publication on the state public notice web site to the office of	599
information technology. The state agency or political subdivision	600
shall identify, in the notice or in the request for publication,	601
the provision of the statute or rule that requires the notice to	602
be published. The state agency or political subdivision, may, but	603
is not required to, prepare the request on the form that is	604
available on the state public notice web site.	605

(2) A state agency or political subdivision that publishes a	606
notice on the state public notice web site in lieu of complying	607
with the statute or rule that otherwise requires newspaper	608
publication, nevertheless shall publish an abbreviated notice in a	609
newspaper of general circulation. The abbreviated notice shall	610
provide a brief summary of the notice, a reference to the state	611
public notice web site address where the complete notice may be	612
found, and a telephone number to call for more information.	613

(C) A state agency or political subdivision that publishes a	614
notice in compliance with a statute or rule also may publish the	615
notice on the state public notice web site in addition to	616
publishing the notice as otherwise required by the statute or	617
rule.	618

Sec. 9.03. (A) As used in this section, "political	619
subdivision" means any body corporate and politic, except a	620
municipal corporation that has adopted a charter under Section 7	621
of Article XVIII, Ohio Constitution, and except a county that has	622
adopted a charter under Sections 3 and 4 of Article X, Ohio	623
Constitution, to which both of the following apply:	624

(1) It is responsible for governmental activities only in a	625
geographic area smaller than the state.	626

(2) It is subject to the sovereign immunity of the state.

627

(B) Except as otherwise provided in division (C) of this	628
section, the governing body of a political subdivision may use	629
public funds to publish and distribute newsletters, or to use any	630
other means, to communicate information about the plans, policies,	631
and operations of the political subdivision to members of the	632
public within the political subdivision and to other persons who	633
may be affected by the political subdivision.	634

(C) Except as otherwise provided in division (A)(7) of	635
section 340.03 or division (A)(12) of section 340.033 of the	636
Revised Code, no governing body of a political subdivision shall	637
use public funds to do any of the following:	638

(1) Publish, distribute, or otherwise communicate information	639
that does any of the following:	640

(a) Contains defamatory, libelous, or obscene matter;

641

(b) Promotes alcoholic beverages, cigarettes or other tobacco	642
products, or any illegal product, service, or activity;	643

(c) Promotes illegal discrimination on the basis of race,	644
color, religion, national origin, handicap, age, or ancestry;	645

(d) Supports or opposes any labor organization or any action	646
by, on behalf of, or against any labor organization;	647

(e) Supports or opposes the nomination or election of a	648
candidate for public office, the investigation, prosecution, or	649
recall of a public official, or the passage of a levy or bond	650
issue.	651

(2) Compensate any employee of the political subdivision for	652
time spent on any activity to influence the outcome of an election	653
for any of the purposes described in division (C)(1)(e) of this	654
section. Division (C)(2) of this section does not prohibit the use	655
of public funds to compensate an employee of a political	656
subdivision for attending a public meeting to present information	657
about the political subdivision's finances, activities, and	658
governmental actions in a manner that is not designed to influence	659
the outcome of an election or the passage of a levy or bond issue,	660
even though the election, levy, or bond issue is discussed or	661
debated at the meeting.	662

(D) Nothing in this section prohibits or restricts any	663
political subdivision from sponsoring, participating in, or doing	664
any of the following:	665

(1) Charitable or public service advertising that is not	666
commercial in nature unless the commercial advertising complies	667
with section 9.031 of the Revised Code;	668

(2) Advertising of exhibitions, performances, programs,	669
products, or services that are provided by employees of a	670
political subdivision or are provided at or through premises owned	671
or operated by a political subdivision;	672

(3) Licensing an interest in a name or mark that is owned or	673
controlled by the political subdivision.	674

(E) As used in this section, "cigarettes" and "tobacco	675
product" have the same meanings as in section 5743.01 of the	676
Revised Code.	677

Sec. 9.031. (A) As used in this section:

678

(1) "Advertising" means internet advertising, including	679
banners and icons that may contain links to commercial internet	680
web sites. "Advertising" does not include spyware, malware, or any	681
viruses or programs considered to be malicious.	682

(2) "Political subdivision" has the meaning defined in	683
section 9.03 of the Revised Code.	684

(3) "State agency" has the meaning defined in section 1.60 of	685
the Revised Code and includes state institutions of higher	686
education as defined in section 3345.011 of the Revised Code.	687

(4) "State agency web site" means a web site, internet page,	688
or web page of a state agency office, with respective internet	689
addresses or subdomains, that are intended to provide the public	690
with information about services offered by the state agency	691
office, including relevant forms of searchable data.	692

(5) "Political subdivision web site" means a web site,	693
internet page, or web page of a political subdivision office, with	694
respective internet addresses or subdomains, that are intended to	695
provide the public with information about services offered by the	696
political subdivision office, including relevant forms of	697
searchable data.	698

(B) A state agency or political subdivision may authorize	699
commercial advertising on a state agency web site or political	700
subdivision web site. A state agency shall adopt rules under	701
section 111.15 of the Revised Code and a political subdivision	702
shall adopt a resolution to authorize placing commercial	703
advertising on the state agency or political subdivision web site.	704
The rules or resolution shall include all of the following:	705

(1) A specification of the state agency or political	706
subdivision office, and of the officials or employees therein, who	707
are authorized to place commercial advertisements on the state	708
agency or political subdivision web site;	709

(2) Criteria for choosing the advertisers and types of	710
advertisements that may be placed on the state agency or political	711
subdivision web site;	712

(3) Requirements and procedures for making requests for	713
proposals for placing commercial advertising on the state agency	714
or political subdivision web site;	715

(4) Any other requirements or limitations necessary to	716
authorize commercial advertising on the state agency or political	717
subdivision web site.	718

(C) A state agency or political subdivision web site on which	719
commercial advertising is placed shall be used exclusively to	720
provide information from the state agency or political subdivision	721
office to the public, and shall not be used as a public forum.	722

Sec. 9.05. Notwithstanding any provision of section 109.02	723
of the Revised Code to the contrary, the members of the	724
apportionment board, by majority vote, may choose to be	725
represented by either the attorney general or by private legal	726
counsel in regard to any lawsuit challenging the constitutionality	727
or legality of general assembly districts established under	728
Article XI of the Ohio Constitution.	729

As used in this section, "apportionment board" means the	730
persons designated in Section 1 of Article XI, Ohio Constitution,	731
as being responsible for the apportionment of this state for	732
members of the general assembly.	733

Sec. 9.06. (A)(1) The department of rehabilitation and	734
correction may contract for the private operation and management	735
pursuant to this section of the initial intensive program prison	736
established pursuant to section 5120.033 of the Revised Code, if	737
one or more intensive program prisons are established under that	738
section, and may contract for the private operation and management	739
of any other facility under this section. Counties and municipal	740
corporations to the extent authorized in sections 307.93, 341.35,	741
753.03, and 753.15 of the Revised Code may contract for the	742
private operation and management of a facility under this section.	743
A contract entered into under this section shall be for an initial	744
term ~~of not more than two years~~specified in the contract with an	745
option to renew for additional periods of two years.	746

(2) The department of rehabilitation and correction, by rule,	747
shall adopt minimum criteria and specifications that a person or	748
entity, other than a person or entity that satisfies the criteria	749
set forth in division (A)(3)(a) of this section and subject to	750
division (I) of this section, must satisfy in order to apply to	751
operate and manage as a contractor pursuant to this section the	752
initial intensive program prison established pursuant to section	753
5120.033 of the Revised Code, if one or more intensive program	754
prisons are established under that section.	755

(3) Subject to division (I) of this section, any person or	756
entity that applies to operate and manage a facility as a	757
contractor pursuant to this section shall satisfy one or more of	758
the following criteria:	759

(a) The person or entity ~~is accredited by the American~~	760
~~correctional association and~~, at the time of the application,	761
operates and manages one or more facilities accredited by the	762
American correctional association.	763

(b) The person or entity satisfies all of the minimum	764
criteria and specifications adopted by the department of	765
rehabilitation and correction pursuant to division (A)(2) of this	766
section, provided that this alternative shall be available only in	767
relation to the initial intensive program prison established	768
pursuant to section 5120.033 of the Revised Code, if one or more	769
intensive program prisons are established under that section.	770

(4) Subject to division (I) of this section, before a public	771
entity may enter into a contract under this section, the	772
contractor shall convincingly demonstrate to the public entity	773
that it can operate the facility with the inmate capacity required	774
by the public entity and provide the services required in this	775
section and realize at least a five per cent savings over the	776
projected cost to the public entity of providing these same	777
services to operate the facility that is the subject of the	778
contract. No out-of-state prisoners may be housed in any facility	779
that is the subject of a contract entered into under this section.	780

(B) Subject to division (I) of this section, any contract	781
entered into under this section shall include all of the	782
following:	783

(1) A requirement that ~~the contractor retain the contractor's~~	784
~~accreditation from the American correctional association~~	785
~~throughout the contract term or~~, if the contractor applied	786
pursuant to division (A)(3)(b) of this section, the contractor	787
continue complying with the applicable criteria and specifications	788
adopted by the department of rehabilitation and correction	789
pursuant to division (A)(2) of this section;	790

(2) A requirement that all of the following conditions be	791
met:	792

(a) The contractor begins the process of accrediting the	793
facility with the American correctional association no later than	794
sixty days after the facility receives its first inmate.	795

(b) The contractor receives accreditation of the facility	796
within twelve months after the date the contractor applies to the	797
American correctional association for accreditation.	798

(c) Once the accreditation is received, the contractor	799
maintains it for the duration of the contract term.	800

(d) If the contractor does not comply with divisions	801
(B)(2)(a) to (c) of this section, the contractor is in violation	802
of the contract, and the public entity may revoke the contract at	803
its discretion.	804

(3) A requirement that the contractor comply with all rules	805
promulgated by the department of rehabilitation and correction	806
that apply to the operation and management of correctional	807
facilities, including the minimum standards for jails in Ohio and	808
policies regarding the use of force and the use of deadly force,	809
although the public entity may require more stringent standards,	810
and comply with any applicable laws, rules, or regulations of the	811
federal, state, and local governments, including, but not limited	812
to, sanitation, food service, safety, and health regulations. The	813
contractor shall be required to send copies of reports of	814
inspections completed by the appropriate authorities regarding	815
compliance with rules and regulations to the director of	816
rehabilitation and correction or the director's designee and, if	817
contracting with a local public entity, to the governing authority	818
of that entity.	819

(4) A requirement that the contractor report for	820
investigation all crimes in connection with the facility to the	821
public entity, to all local law enforcement agencies with	822
jurisdiction over the place at which the facility is located, and,	823
for a crime committed at a state correctional institution, to the	824
state highway patrol;	825

(5) A requirement that the contractor immediately report all	826
escapes from the facility, and the apprehension of all escapees,	827
by telephone and in writing to all local law enforcement agencies	828
with jurisdiction over the place at which the facility is located,	829
to the prosecuting attorney of the county in which the facility is	830
located, to the state highway patrol, to a daily newspaper having	831
general circulation in the county in which the facility is	832
located, and, if the facility is a state correctional institution,	833
to the department of rehabilitation and correction. The written	834
notice may be by either facsimile transmission or mail. A failure	835
to comply with this requirement regarding an escape is a violation	836
of section 2921.22 of the Revised Code.	837

(6) A requirement that, if the facility is a state	838
correctional institution, the contractor provide a written report	839
within specified time limits to the director of rehabilitation and	840
correction or the director's designee of all unusual incidents at	841
the facility as defined in rules promulgated by the department of	842
rehabilitation and correction or, if the facility is a local	843
correctional institution, that the contractor provide a written	844
report of all unusual incidents at the facility to the governing	845
authority of the local public entity;	846

(7) A requirement that the contractor maintain proper control	847
of inmates' personal funds pursuant to rules promulgated by the	848
department of rehabilitation and correction for state correctional	849
institutions or pursuant to the minimum standards for jails along	850
with any additional standards established by the local public	851
entity for local correctional institutions and that records	852
pertaining to these funds be made available to representatives of	853
the public entity for review or audit;	854

(8) A requirement that the contractor prepare and distribute	855
to the director of rehabilitation and correction or, if	856
contracting with a local public entity, to the governing authority	857
of the local entity annual budget income and expenditure	858
statements and funding source financial reports;	859

(9) A requirement that the public entity appoint and	860
supervise a full-time contract monitor, that the contractor	861
provide suitable office space for the contract monitor at the	862
facility, and that the contractor allow the contract monitor	863
unrestricted access to all parts of the facility and all records	864
of the facility except the contractor's financial records;	865

(10) A requirement that if the facility is a state	866
correctional institution designated department of rehabilitation	867
and correction staff members be allowed access to the facility in	868
accordance with rules promulgated by the department;	869

(11) A requirement that the contractor provide internal and	870
perimeter security as agreed upon in the contract;	871

(12) If the facility is a state correctional institution, a	872
requirement that the contractor impose discipline on inmates	873
housed in ~~a state correctional institution~~the facility only in	874
accordance with rules promulgated by the department of	875
rehabilitation and correction;	876

(13) A requirement that the facility be staffed at all times	877
with a staffing pattern approved by the public entity and adequate	878
both to ensure supervision of inmates and maintenance of security	879
within the facility and to provide for programs, transportation,	880
security, and other operational needs. In determining security	881
needs, the contractor shall be required to consider, among other	882
things, the proximity of the facility to neighborhoods and	883
schools.	884

(14) If the contract is with a local public entity, a	885
requirement that the contractor provide services and programs,	886
consistent with the minimum standards for jails promulgated by the	887
department of rehabilitation and correction under section 5120.10	888
of the Revised Code;	889

(15) A clear statement that no immunity from liability	890
granted to the state, and no immunity from liability granted to	891
political subdivisions under Chapter 2744. of the Revised Code,	892
shall extend to the contractor or any of the contractor's	893
employees;	894

(16) A statement that all documents and records relevant to	895
the facility shall be maintained in the same manner required for,	896
and subject to the same laws, rules, and regulations as apply to,	897
the records of the public entity;	898

(17) Authorization for the public entity to impose a fine on	899
the contractor from a schedule of fines included in the contract	900
for the contractor's failure to perform its contractual duties or	901
to cancel the contract, as the public entity considers	902
appropriate. If a fine is imposed, the public entity may reduce	903
the payment owed to the contractor pursuant to any invoice in the	904
amount of the imposed fine.	905

(18) A statement that all services provided or goods produced	906
at the facility shall be subject to the same regulations, and the	907
same distribution limitations, as apply to goods and services	908
produced at other correctional institutions;	909

(19) ~~Authorization~~If the facility is a state correctional	910
institution, authorization for the department to establish one or	911
more prison industries at athe facility ~~operated and managed by a~~	912
~~contractor for the department~~;	913

(20) A requirement that, if the facility is an intensive	914
program prison established pursuant to section 5120.033 of the	915
Revised Code, the facility shall comply with all criteria for	916
intensive program prisons of that type that are set forth in that	917
section;	918

(21) If the ~~institution~~facility is a state correctional	919
institution, a requirement that the contractor provide clothing	920
for all inmates housed in the facility that is conspicuous in its	921
color, style, or color and style, that conspicuously identifies	922
its wearer as an inmate, and that is readily distinguishable from	923
clothing of a nature that normally is worn outside the facility by	924
non-inmates, that the contractor require all inmates housed in the	925
facility to wear the clothing so provided, and that the contractor	926
not permit any inmate, while inside or on the premises of the	927
facility or while being transported to or from the facility, to	928
wear any clothing of a nature that does not conspicuously identify	929
its wearer as an inmate and that normally is worn outside the	930
facility by non-inmates.	931

(C) No contract entered into under this section may require,	932
authorize, or imply a delegation of the authority or	933
responsibility of the public entity to a contractor for any of the	934
following:	935

(1) Developing or implementing procedures for calculating	936
inmate release and parole eligibility dates and recommending the	937
granting or denying of parole, although the contractor may submit	938
written reports that have been prepared in the ordinary course of	939
business;	940

(2) Developing or implementing procedures for calculating and	941
awarding earned credits, approving the type of work inmates may	942
perform and the wage or earned credits, if any, that may be	943
awarded to inmates engaging in that work, and granting, denying,	944
or revoking earned credits;	945

(3) For inmates serving a term imposed for a felony offense	946
committed prior to July 1, 1996, or for a misdemeanor offense,	947
developing or implementing procedures for calculating and awarding	948
good time, approving the good time, if any, that may be awarded to	949
inmates engaging in work, and granting, denying, or revoking good	950
time;	951

(4) Classifying an inmate or placing an inmate in a more or a	952
less restrictive custody than the custody ordered by the public	953
entity;	954

(5) Approving inmates for work release;

955

(6) Contracting for local or long distance telephone services	956
for inmates or receiving commissions from those services at a	957
facility that is owned by or operated under a contract with the	958
department.	959

(D) A contractor that has been approved to operate a facility	960
under this section, and a person or entity that enters into a	961
contract for specialized services, as described in division (I) of	962
this section, relative to an intensive program prison established	963
pursuant to section 5120.033 of the Revised Code to be operated by	964
a contractor that has been approved to operate the prison under	965
this section, shall provide an adequate policy of insurance	966
specifically including, but not limited to, insurance for civil	967
rights claims as determined by a risk management or actuarial firm	968
with demonstrated experience in public liability for state	969
governments. The insurance policy shall provide that the state,	970
including all state agencies, and all political subdivisions of	971
the state with jurisdiction over the facility or in which a	972
facility is located are named as insured, and that the state and	973
its political subdivisions shall be sent any notice of	974
cancellation. The contractor may not self-insure.	975

A contractor that has been approved to operate a facility	976
under this section, and a person or entity that enters into a	977
contract for specialized services, as described in division (I) of	978
this section, relative to an intensive program prison established	979
pursuant to section 5120.033 of the Revised Code to be operated by	980
a contractor that has been approved to operate the prison under	981
this section, shall indemnify and hold harmless the state, its	982
officers, agents, and employees, and any local government entity	983
in the state having jurisdiction over the facility or ownership of	984
the facility, shall reimburse the state for its costs in defending	985
the state or any of its officers, agents, or employees, and shall	986
reimburse any local government entity of that nature for its costs	987
in defending the local government entity, from all of the	988
following:	989

(1) Any claims or losses for services rendered by the	990
contractor, person, or entity performing or supplying services in	991
connection with the performance of the contract;	992

(2) Any failure of the contractor, person, or entity or its	993
officers or employees to adhere to the laws, rules, regulations,	994
or terms agreed to in the contract;	995

(3) Any constitutional, federal, state, or civil rights claim	996
brought against the state related to the facility operated and	997
managed by the contractor;	998

(4) Any claims, losses, demands, or causes of action arising	999
out of the contractor's, person's, or entity's activities in this	1000
state;	1001

(5) Any attorney's fees or court costs arising from any	1002
habeas corpus actions or other inmate suits that may arise from	1003
any event that occurred at the facility or was a result of such an	1004
event, or arise over the conditions, management, or operation of	1005
the facility, which fees and costs shall include, but not be	1006
limited to, attorney's fees for the state's representation and for	1007
any court-appointed representation of any inmate, and the costs of	1008
any special judge who may be appointed to hear those actions or	1009
suits.	1010

(E) Private correctional officers of a contractor operating	1011
and managing a facility pursuant to a contract entered into under	1012
this section may carry and use firearms in the course of their	1013
employment only after being certified as satisfactorily completing	1014
an approved training program as described in division (A) of	1015
section 109.78 of the Revised Code.	1016

(F) Upon notification by the contractor of an escape from, or	1017
of a disturbance at, the facility that is the subject of a	1018
contract entered into under this section, the department of	1019
rehabilitation and correction and state and local law enforcement	1020
agencies shall use all reasonable means to recapture escapees or	1021
quell any disturbance. Any cost incurred by the state or its	1022
political subdivisions relating to the apprehension of an escapee	1023
or the quelling of a disturbance at the facility shall be	1024
chargeable to and borne by the contractor. The contractor shall	1025
also reimburse the state or its political subdivisions for all	1026
reasonable costs incurred relating to the temporary detention of	1027
the escapee following recapture.	1028

(G) Any offense that would be a crime if committed at a state	1029
correctional institution or jail, workhouse, prison, or other	1030
correctional facility shall be a crime if committed by or with	1031
regard to inmates at facilities operated pursuant to a contract	1032
entered into under this section.	1033

(H) A contractor operating and managing a facility pursuant	1034
to a contract entered into under this section shall pay any inmate	1035
workers at the facility at the rate approved by the public entity.	1036
Inmates working at the facility shall not be considered employees	1037
of the contractor.	1038

(I) In contracting for the private operation and management	1039
pursuant to division (A) of this section of any intensive program	1040
prison established pursuant to section 5120.033 of the Revised	1041
Code, the department of rehabilitation and correction may enter	1042
into a contract with a contractor for the general operation and	1043
management of the prison and may enter into one or more separate	1044
contracts with other persons or entities for the provision of	1045
specialized services for persons confined in the prison,	1046
including, but not limited to, security or training services or	1047
medical, counseling, educational, or similar treatment programs.	1048
If, pursuant to this division, the department enters into a	1049
contract with a contractor for the general operation and	1050
management of the prison and also enters into one or more	1051
specialized service contracts with other persons or entities, all	1052
of the following apply:	1053

(1) The contract for the general operation and management	1054
shall comply with all requirements and criteria set forth in this	1055
section, and all provisions of this section apply in relation to	1056
the prison operated and managed pursuant to the contract.	1057

(2) Divisions (A)(2), (B), and (C) of this section do not	1058
apply in relation to any specialized services contract, except to	1059
the extent that the provisions of those divisions clearly are	1060
relevant to the specialized services to be provided under the	1061
specialized services contract. Division (D) of this section	1062
applies in relation to each specialized services contract.	1063

(J) If, on or after the effective date of this amendment, a	1064
contractor enters into a contract with the department of	1065
rehabilitation and correction under this section for the operation	1066
and management of any facility described in Section 753.10 of the	1067
act in which this amendment was adopted or with the department of	1068
youth services and department of administrative services under	1069
Section 753.30 of the act in which this amendment was adopted for	1070
the operation and management as an adult correctional facility of	1071
any facility described in that section, if the contract provides	1072
for the sale of the facility to the contractor, if the facility is	1073
sold to the contractor subsequent to the execution of the	1074
contract, and if the contractor is privately operating and	1075
managing the facility, notwithstanding the contractor's private	1076
operation and management of the facility, all of the following	1077
apply:	1078

(1) Except as expressly provided to the contrary in this	1079
section, the facility being privately operated and managed by the	1080
contractor shall be considered for purposes of the Revised Code as	1081
being under the control of, or under the jurisdiction of, the	1082
department of rehabilitation and correction.	1083

(2) Any reference in this section to "state correctional	1084
institution," any reference in Chapter 2967. of the Revised Code	1085
to "state correctional institution," other than the definition of	1086
that term set forth in section 2967.01 of the Revised Code, or to	1087
"prison," and any reference in Chapter 2929., 5120., 5145., 5147.,	1088
or 5149. or any other provision of the Revised Code to "state	1089
correctional institution" or "prison" shall be considered to	1090
include a reference to the facility being privately operated and	1091
managed by the contractor, unless the context makes the inclusion	1092
of that facility clearly inapplicable.	1093

(K) As used in this section:

1094

(1) "Public entity" means the department of rehabilitation	1095
and correction, or a county or municipal corporation or a	1096
combination of counties and municipal corporations, that has	1097
jurisdiction over a facility that is the subject of a contract	1098
entered into under this section.	1099

(2) "Local public entity" means a county or municipal	1100
corporation, or a combination of counties and municipal	1101
corporations, that has jurisdiction over a jail, workhouse, or	1102
other correctional facility used only for misdemeanants that is	1103
the subject of a contract entered into under this section.	1104

(3) "Governing authority of a local public entity" means, for	1105
a county, the board of county commissioners; for a municipal	1106
corporation, the legislative authority; for a combination of	1107
counties and municipal corporations, all the boards of county	1108
commissioners and municipal legislative authorities that joined to	1109
create the facility.	1110

(4) "Contractor" means a person or entity that enters into a	1111
contract under this section to operate and manage a jail,	1112
workhouse, or other correctional facility.	1113

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

1114

(a) The specific county, multicounty, municipal,	1115
municipal-county, or multicounty-municipal jail, workhouse,	1116
prison, or other type of correctional institution or facility used	1117
only for misdemeanants~~, or a~~that is the subject of a contract	1118
entered into under this section;	1119

(b) Any state correctional institution, that is the subject	1120
of a contract entered into under this section, including any	1121
facility described in Section 753.10 of the act in which this	1122
amendment was adopted or under Section 753.30 of the act in which	1123
this section was adopted and used as an adult correctional	1124
facility at any time prior to or after any sale to a contractor of	1125
the state's right, title, and interest in the facility, the land	1126
situated thereon, and specified surrounding land.	1127

(6) "Person or entity" in the case of a contract for the	1128
private operation and management of a state correctional	1129
institution, includes an employee organization, as defined in	1130
section 4117.01 of the Revised Code, that represents employees at	1131
state correctional institutions.	1132

Sec. 9.231. (A)(1) Subject to divisions (A)(2) and (3) of	1133
this section, a governmental entity shall not disburse money	1134
totaling twenty-five thousand dollars or more to any person for	1135
the provision of services for the primary benefit of individuals	1136
or the public and not for the primary benefit of a governmental	1137
entity or the employees of a governmental entity, unless the	1138
contracting authority of the governmental entity first enters into	1139
a written contract with the person that is signed by the person or	1140
by an officer or agent of the person authorized to legally bind	1141
the person and that embodies all of the requirements and	1142
conditions set forth in sections 9.23 to 9.236 of the Revised	1143
Code. If the disbursement of money occurs over the course of a	1144
governmental entity's fiscal year, rather than in a lump sum, the	1145
contracting authority of the governmental entity shall enter into	1146
the written contract with the person at the point during the	1147
governmental entity's fiscal year that at least seventy-five	1148
thousand dollars has been disbursed by the governmental entity to	1149
the person. Thereafter, the contracting authority of the	1150
governmental entity shall enter into the written contract with the	1151
person at the beginning of the governmental entity's fiscal year,	1152
if, during the immediately preceding fiscal year, the governmental	1153
entity disbursed to that person an aggregate amount totaling at	1154
least seventy-five thousand dollars.	1155

(2) If the money referred to in division (A)(1) of this	1156
section is disbursed by or through more than one state agency to	1157
the person for the provision of services to the same population,	1158
the contracting authorities of those agencies shall determine	1159
which one of them will enter into the written contract with the	1160
person.	1161

(3) The requirements and conditions set forth in divisions	1162
(A), (B), (C), and (F) of section 9.232, divisions (A)(1) and (2)	1163
and (B) of section 9.234, divisions (A)(2) and (B) of section	1164
9.235, and sections 9.233 and 9.236 of the Revised Code do not	1165
apply with respect to the following:	1166

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

1167

(i) The amount received for the services is a set fee for	1168
each time the services are provided, is determined in accordance	1169
with a fixed rate per unit of time or per service, or is a	1170
capitated rate, and the fee or rate is established by competitive	1171
bidding or by a market rate survey of similar services provided in	1172
a defined market area. The market rate survey may be one conducted	1173
by or on behalf of the governmental entity or an independent	1174
survey accepted by the governmental entity as statistically valid	1175
and reliable.	1176

(ii) The services are provided in accordance with standards	1177
established by state or federal law, or by rules or regulations	1178
adopted thereunder, for their delivery, which standards are	1179
enforced by the federal government, a governmental entity, or an	1180
accrediting organization recognized by the federal government or a	1181
governmental entity.	1182

(iii) Payment for the services is made after the services are	1183
delivered and upon submission to the governmental entity of an	1184
invoice or other claim for payment as required by any applicable	1185
local, state, or federal law or, if no such law applies, by the	1186
terms of the contract.	1187

(b) Contracts under which the services are reimbursed through	1188
or in a manner consistent with a federal program that meets all of	1189
the following requirements:	1190

(i) The program calculates the reimbursement rate on the	1191
basis of the previous year's experience or in accordance with an	1192
alternative method set forth in rules adopted by the Ohio	1193
department of job and family services.	1194

(ii) The reimbursement rate is derived from a breakdown of	1195
direct and indirect costs.	1196

(iii) The program's guidelines describe types of expenditures	1197
that are allowable and not allowable under the program and	1198
delineate which costs are acceptable as direct costs for purposes	1199
of calculating the reimbursement rate.	1200

(iv) The program includes a uniform cost reporting system	1201
with specific audit requirements.	1202

(c) Contracts under which the services are reimbursed through	1203
or in a manner consistent with a federal program that calculates	1204
the reimbursement rate on a fee for service basis in compliance	1205
with United States office of management and budget Circular A-87,	1206
as revised May 10, 2004.	1207

(d) Contracts for services that are paid pursuant to the	1208
earmarking of an appropriation made by the general assembly for	1209
that purpose.	1210

(B) Division (A) of this section does not apply if the money	1211
is disbursed to a person pursuant to a contract with the United	1212
States or a governmental entity under any of the following	1213
circumstances:	1214

(1) The person receives the money directly or indirectly from	1215
the United States, and no governmental entity exercises any	1216
oversight or control over the use of the money.	1217

(2) The person receives the money solely in return for the	1218
performance of one or more of the following types of services:	1219

(a) Medical, therapeutic, or other health-related services	1220
provided by a person if the amount received is a set fee for each	1221
time the person provides the services, is determined in accordance	1222
with a fixed rate per unit of time, or is a capitated rate, and	1223
the fee or rate is reasonable and customary in the person's trade	1224
or profession;	1225

(b) Medicaid-funded services, including administrative and	1226
management services, provided pursuant to a contract or medicaid	1227
provider agreement that meets the requirements of the medicaid	1228
program established under Chapter 5111. of the Revised Code.	1229

(c) Services, other than administrative or management	1230
services or any of the services described in division (B)(2)(a) or	1231
(b) of this section, that are commonly purchased by the public at	1232
an hourly rate or at a set fee for each time the services are	1233
provided, unless the services are performed for the benefit of	1234
children, persons who are eligible for the services by reason of	1235
advanced age, medical condition, or financial need, or persons who	1236
are confined in a detention facility as defined in section 2921.01	1237
of the Revised Code, and the services are intended to help promote	1238
the health, safety, or welfare of those children or persons;	1239

(d) Educational services provided by a school to children	1240
eligible to attend that school. For purposes of division (B)(2)(d)	1241
of this section, "school" means any school operated by a school	1242
district board of education, any community school established	1243
under Chapter 3314. of the Revised Code, or any nonpublic school	1244
for which the state board of education prescribes minimum	1245
education standards under section 3301.07 of the Revised Code.	1246

(e) Services provided by a foster home as defined in section	1247
5103.02 of the Revised Code;	1248

(f) "Routine business services other than administrative or	1249
management services," as that term is defined by the attorney	1250
general by rule adopted in accordance with Chapter 119. of the	1251
Revised Code;	1252

(g) Services to protect the environment or promote	1253
environmental education that are provided by a nonprofit entity or	1254
services to protect the environment that are funded with federal	1255
grants or revolving loan funds and administered in accordance with	1256
federal law;	1257

~~(h) Services, including administrative and management~~	1258
~~services, provided under the children's buy-in program established~~	1259
~~under sections 5101.5211 to 5101.5216 of the Revised Code~~.	1260

(3) The person receives the money solely in return for the	1261
performance of services intended to help preserve public health or	1262
safety under circumstances requiring immediate action as a result	1263
of a natural or man-made emergency.	1264

(C) With respect to a nonprofit association, corporation, or	1265
organization established for the purpose of providing educational,	1266
technical, consulting, training, financial, or other services to	1267
its members in exchange for membership dues and other fees, any of	1268
the services provided to a member that is a governmental entity	1269
shall, for purposes of this section, be considered services "for	1270
the primary benefit of a governmental entity or the employees of a	1271
governmental entity.	1272

Sec. 9.24. (A) Except as may be allowed under division (F) of	1273
this section, no state agency and no political subdivision shall	1274
award a contract as described in division (G)(1) of this section	1275
for goods, services, or construction, paid for in whole or in part	1276
with state funds, to a person against whom a finding for recovery	1277
has been issued by the auditor of state on and after January 1,	1278
2001, if the finding for recovery is unresolved.	1279

A contract is considered to be awarded when it is entered	1280
into or executed, irrespective of whether the parties to the	1281
contract have exchanged any money.	1282

(B) For purposes of this section, a finding for recovery is	1283
unresolved unless one of the following criteria applies:	1284

(1) The money identified in the finding for recovery is paid	1285
in full to the state agency or political subdivision to whom the	1286
money was owed;	1287

(2) The debtor has entered into a repayment plan that is	1288
approved by the attorney general and the state agency or political	1289
subdivision to whom the money identified in the finding for	1290
recovery is owed. A repayment plan may include a provision	1291
permitting a state agency or political subdivision to withhold	1292
payment to a debtor for goods, services, or construction provided	1293
to or for the state agency or political subdivision pursuant to a	1294
contract that is entered into with the debtor after the date the	1295
finding for recovery was issued.	1296

(3) The attorney general waives a repayment plan described in	1297
division (B)(2) of this section for good cause;	1298

(4) The debtor and state agency or political subdivision to	1299
whom the money identified in the finding for recovery is owed have	1300
agreed to a payment plan established through an enforceable	1301
settlement agreement.	1302

(5) The state agency or political subdivision desiring to	1303
enter into a contract with a debtor certifies, and the attorney	1304
general concurs, that all of the following are true:	1305

(a) Essential services the state agency or political	1306
subdivision is seeking to obtain from the debtor cannot be	1307
provided by any other person besides the debtor;	1308

(b) Awarding a contract to the debtor for the essential	1309
services described in division (B)(5)(a) of this section is in the	1310
best interest of the state;	1311

(c) Good faith efforts have been made to collect the money	1312
identified in the finding of recovery.	1313

(6) The debtor has commenced an action to contest the finding	1314
for recovery and a final determination on the action has not yet	1315
been reached.	1316

(C) The attorney general shall submit an initial report to	1317
the auditor of state, not later than December 1, 2003, indicating	1318
the status of collection for all findings for recovery issued by	1319
the auditor of state for calendar years 2001, 2002, and 2003.	1320
Beginning on January 1, 2004, the attorney general shall submit to	1321
the auditor of state, on the first day of every January, April,	1322
July, and October, a list of all findings for recovery that have	1323
been resolved in accordance with division (B) of this section	1324
during the calendar quarter preceding the submission of the list	1325
and a description of the means of resolution. The attorney general	1326
shall notify the auditor of state when a judgment is issued	1327
against an entity described in division (F)(1) of this section.	1328

(D) The auditor of state shall maintain a database,	1329
accessible to the public, listing persons against whom an	1330
unresolved finding for recovery has been issued, and the amount of	1331
the money identified in the unresolved finding for recovery. The	1332
auditor of state shall have this database operational on or before	1333
January 1, 2004. The initial database shall contain the	1334
information required under this division for calendar years 2001,	1335
2002, and 2003.	1336

Beginning January 15, 2004, the auditor of state shall update	1337
the database by the fifteenth day of every January, April, July,	1338
and October to reflect resolved findings for recovery that are	1339
reported to the auditor of state by the attorney general on the	1340
first day of the same month pursuant to division (C) of this	1341
section.	1342

(E) Before awarding a contract as described in division	1343
(G)(1) of this section for goods, services, or construction, paid	1344
for in whole or in part with state funds, a state agency or	1345
political subdivision shall verify that the person to whom the	1346
state agency or political subdivision plans to award the contract	1347
has no unresolved finding for recovery issued against the person.	1348
A state agency or political subdivision shall verify that the	1349
person does not appear in the database described in division (D)	1350
of this section or shall obtain other proof that the person has no	1351
unresolved finding for recovery issued against the person.	1352

(F) The prohibition of division (A) of this section and the	1353
requirement of division (E) of this section do not apply with	1354
respect to the companies, payments, or agreements described in	1355
divisions (F)(1) and (2) of this section, or in the circumstance	1356
described in division (F)(3) of this section.	1357

(1) A bonding company or a company authorized to transact the	1358
business of insurance in this state, a self-insurance pool, joint	1359
self-insurance pool, risk management program, or joint risk	1360
management program, unless a court has entered a final judgment	1361
against the company and the company has not yet satisfied the	1362
final judgment.	1363

(2) To medicaid provider agreements under Chapter 5111. of	1364
the Revised Code ~~or payments or provider agreements under the~~	1365
~~children's buy-in program established under sections 5101.5211 to~~	1366
~~5101.5216 of the Revised Code~~.	1367

(3) When federal law dictates that a specified entity provide	1368
the goods, services, or construction for which a contract is being	1369
awarded, regardless of whether that entity would otherwise be	1370
prohibited from entering into the contract pursuant to this	1371
section.	1372

(G)(1) This section applies only to contracts for goods,	1373
services, or construction that satisfy the criteria in either	1374
division (G)(1)(a) or (b) of this section. This section may apply	1375
to contracts for goods, services, or construction that satisfy the	1376
criteria in division (G)(1)(c) of this section, provided that the	1377
contracts also satisfy the criteria in either division (G)(1)(a)	1378
or (b) of this section.	1379

(a) The cost for the goods, services, or construction	1380
provided under the contract is estimated to exceed twenty-five	1381
thousand dollars.	1382

(b) The aggregate cost for the goods, services, or	1383
construction provided under multiple contracts entered into by the	1384
particular state agency and a single person or the particular	1385
political subdivision and a single person within the fiscal year	1386
preceding the fiscal year within which a contract is being entered	1387
into by that same state agency and the same single person or the	1388
same political subdivision and the same single person, exceeded	1389
fifty thousand dollars.	1390

(c) The contract is a renewal of a contract previously	1391
entered into and renewed pursuant to that preceding contract.	1392

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

1393

(H) As used in this section:

1394

(1) "State agency" has the same meaning as in section 9.66 of	1395
the Revised Code.	1396

(2) "Political subdivision" means a political subdivision as	1397
defined in section 9.82 of the Revised Code that has received more	1398
than fifty thousand dollars of state money in the current fiscal	1399
year or the preceding fiscal year.	1400

(3) "Finding for recovery" means a determination issued by	1401
the auditor of state, contained in a report the auditor of state	1402
gives to the attorney general pursuant to section 117.28 of the	1403
Revised Code, that public money has been illegally expended,	1404
public money has been collected but not been accounted for, public	1405
money is due but has not been collected, or public property has	1406
been converted or misappropriated.	1407

(4) "Debtor" means a person against whom a finding for	1408
recovery has been issued.	1409

(5) "Person" means the person named in the finding for	1410
recovery.	1411

(6) "State money" does not include funds the state receives	1412
from another source and passes through to a political subdivision.	1413

Sec. 9.33. As used in sections 9.33 to ~~9.333~~9.335 of the	1414
Revised Code:	1415

(A) "Construction manager" means a person with substantial	1416
discretion and authority to plan, coordinate, manage, and direct	1417
all phases of a project for the construction, demolition,	1418
alteration, repair, or reconstruction of any public building,	1419
structure, or other improvement, but does not mean the person who	1420
provides the professional design services or who actually performs	1421
the construction, demolition, alteration, repair, or	1422
reconstruction work on the project.	1423

(B)(1) "Construction manager at risk" means a person with	1424
substantial discretion and authority to plan, coordinate, manage,	1425
direct, and construct all phases of a project for the	1426
construction, demolition, alteration, repair, or reconstruction of	1427
any public building, structure, or other improvement and who	1428
provides the public authority a guaranteed maximum price as	1429
determined in section 9.334 of the Revised Code.	1430

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

1431

(a) "Construct" includes performing, or subcontracting for	1432
performing, construction, demolition, alteration, repair, or	1433
reconstruction.	1434

(b) "Manage" includes approving bidders and awarding	1435
subcontracts for furnishing materials regarding, or for	1436
performing, construction, demolition, alteration, repair, or	1437
reconstruction.	1438

(C) "Construction management contract" means a contract	1439
between a public authority and another person obligating the	1440
person to provide construction management services.	1441

(D) "Construction management services" or "management	1442
services" means the range of services that either a construction	1443
manager or a construction manager at risk may provide.	1444

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

1445

(1) Competence to perform the required management services as	1446
indicated by the technical training, education, and experience of	1447
the construction manager's or construction manager at risk's	1448
personnel, especially the technical training, education, and	1449
experience of the construction manager's or construction manager	1450
at risk's employees who would be assigned to perform the services;	1451

(2) Ability in terms of workload and the availability of	1452
qualified personnel, equipment, and facilities to perform the	1453
required management services competently and expeditiously;	1454

(3) Past performance as reflected by the evaluations of	1455
previous clients with respect to factors such as control of costs,	1456
quality of work, and meeting of deadlines;	1457

(4) Financial responsibility as evidenced by the capability	1458
to provide a letter of credit pursuant to Chapter 1305. of the	1459
Revised Code, a surety bond, certified check, or cashier's check	1460
in an amount equal to the value of the construction management	1461
contract, or by other means acceptable to the public ~~owner~~	1462
authority;	1463

(5) Other similar factors.

1464

~~(C)~~(F)(1) "Public ~~owner~~authority" means the state, orany	1465
state institution of higher education as defined in section	1466
3345.011 of the Revised Code, any county, township, municipal	1467
corporation, school district, or other political subdivision, or	1468
any public agency, authority, board, commission, instrumentality,	1469
or special purpose district of the state or of a political	1470
subdivision.	1471

(2) "Public authority" does not include the Ohio turnpike	1472
commission.	1473

(G) "Open book pricing method" means a method in which a	1474
construction manager at risk provides the public authority, at the	1475
public authority's request, all books, records, documents, and	1476
other data in its possession pertaining to the bidding, pricing,	1477
or performance of a construction management contract awarded to	1478
the construction manager at risk.	1479

Sec. 9.331. (A) Before entering into a contract to employ a	1480
construction manager or construction manager at risk, a public	1481
~~owner~~authority shall advertise, in a newspaper of general	1482
circulation in the county where the contract is to be performed or	1483
by electronic means pursuant to rules adopted by the director of	1484
administrative services, notice of its intent to employ a	1485
construction manager or construction manager at risk. The notice	1486
shall invite interested parties to submit proposals for	1487
consideration and shall be published at least thirty days prior to	1488
the date for accepting the proposals. The public ~~owner~~authority	1489
also may advertise the information contained in the notice in	1490
appropriate trade journals and otherwise notify persons believed	1491
to be interested in employment as a construction manager or	1492
construction manager at risk.	1493

(B) The advertisement shall include a general description of	1494
the project, a statement of the specific management services	1495
required, and a description of the qualifications required for the	1496
project.	1497

Sec. 9.332. ~~For every construction management contract, the~~	1498
Every public ~~owner~~authority planning to contract for construction	1499
management services with a construction manager shall evaluate the	1500
proposals submitted and may hold discussions with individual	1501
construction managers to explore further their proposals, the	1502
scope and nature of the services they would provide, and the	1503
various technical approaches they may take regarding the project.	1504
Following this evaluation, the public ~~owner~~authority shall:	1505

(A) Select and rank no fewer than three construction managers	1506
that it considers to be the most qualified to provide the required	1507
construction management services, except when the public ~~owner~~	1508
authority determines in writing that fewer than three qualified	1509
construction managers are available in which case it shall select	1510
and rank them;	1511

(B) Negotiate a contract with the construction manager ranked	1512
most qualified to perform the required services at a compensation	1513
determined in writing to be fair and reasonable. Contract	1514
negotiations shall be directed toward:	1515

(1) Ensuring that the construction manager and the public	1516
~~owner~~authority have a mutual understanding of the essential	1517
requirements involved in providing the required services;	1518

(2) Determining that the construction manager will make	1519
available the necessary personnel, equipment, and facilities to	1520
perform the services within the required time.	1521

(C) Upon failure to negotiate a contract with the	1522
construction manager ranked most qualified, the public ~~owner~~	1523
authority shall inform the construction manager in writing of the	1524
termination of negotiations and enter into negotiations with the	1525
construction manager ranked next most qualified. If negotiations	1526
again fail, the same procedure ~~shall~~may be followed with each	1527
next most qualified construction manager selected and ranked	1528
pursuant to division (A) of this section, in order of ranking,	1529
until a contract is negotiated.	1530

(D) If the public ~~owner~~authority fails to negotiate a	1531
contract with any of the construction managers selected pursuant	1532
to division (A) of this section, the public ~~owner shall~~authority	1533
may select and rank additional construction managers, based on	1534
their qualifications, and negotiations ~~shall~~may continue as with	1535
the construction managers selected and ranked initially until a	1536
contract is negotiated.	1537

(E) Nothing in this section affects a public authority's	1538
right to accept or reject any or all proposals in whole or in	1539
part.	1540

Sec. 9.333. (A) No public ~~owner~~authority shall enter into a	1541
construction management contract with a construction manager	1542
unless the construction manager provides a letter of credit	1543
pursuant to Chapter 1305. of the Revised Code, a surety bond	1544
pursuant to sections 153.54 and 153.57 of the Revised Code, a	1545
certified check or cashier's check in an amount equal to the value	1546
of the construction management contract for the project, or	1547
provides other reasonable financial assurance of a nature and in	1548
an amount satisfactory to the ~~owner~~public authority. The public	1549
~~owner~~authority may waive this requirement for good cause.	1550

(B) Before construction begins pursuant to a construction	1551
management contract with a construction manager at risk, the	1552
construction manager at risk shall provide a surety bond to the	1553
public authority in accordance with section 153.57 of the Revised	1554
Code in an amount not less than the combined contract values of	1555
any work under contract to be constructed pursuant to the	1556
construction management contract prior to the establishment of the	1557
guaranteed maximum price or in the amount of the guaranteed	1558
maximum price as agreed to by the public authority, as the case	1559
may be.	1560

Sec. 9.334. (A) Every public authority planning to contract	1561
for construction management services with a construction manager	1562
at risk shall evaluate the proposals submitted and select not	1563
fewer than three construction managers at risk the public	1564
authority considers to be the most qualified to provide the	1565
required construction management services, except that the public	1566
authority shall select and rank fewer than three when the public	1567
authority determines in writing that fewer than three qualified	1568
construction managers at risk are available.	1569

(B) The public authority shall provide each construction	1570
manager at risk selected under division (A) of this section with a	1571
description of the project, including a statement of available	1572
design detail, a description of how the guaranteed maximum price	1573
for the project shall be determined, including the estimated level	1574
of design detail upon which the guaranteed maximum price shall be	1575
based, the form of the construction management contract, and a	1576
request for a pricing proposal.	1577

(C) The pricing proposal of each construction manager at risk	1578
shall include at least the following regarding the construction	1579
manager at risk:	1580

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

1581

(2) A statement of the general conditions and contingency	1582
requirements;	1583

(3) A fee proposal divided into a preconstruction fee, a	1584
construction fee, and the portion of the construction fee to be at	1585
risk in a guaranteed maximum price.	1586

(D) The public authority shall evaluate the submitted pricing	1587
proposals and may hold discussions with individual construction	1588
managers at risk to explore their proposals further, including the	1589
scope and nature of the proposed services and potential technical	1590
approaches.	1591

(E) After evaluating the pricing proposals, the public	1592
authority shall rank the selected construction managers at risk	1593
based on its evaluation of the value of each pricing proposal,	1594
with such evaluation considering the proposed cost and	1595
qualifications.	1596

(F) The public authority shall enter into negotiations for a	1597
construction management contract with the construction manager at	1598
risk whose pricing proposal the public authority determines to be	1599
the best value under division (E) of this section. Contract	1600
negotiations shall be directed toward:	1601

(1) Ensuring that the construction manager at risk and the	1602
public authority mutually understand the essential requirements	1603
involved in providing the required construction management	1604
services, including the provisions for the use of contingency	1605
funds and the possible distribution of savings in the final costs	1606
of the project;	1607

(2) Ensuring that the construction manager at risk will be	1608
able to provide the necessary personnel, equipment, and facilities	1609
to perform the construction management services within the time	1610
required by the construction management contract;	1611

(3) Agreeing upon a procedure and schedule for determining a	1612
guaranteed maximum price using an open book pricing method that	1613
shall represent the total maximum amount to be paid by the public	1614
authority to the construction manager at risk for the project and	1615
that shall include the costs of all the work, the cost of its	1616
general conditions, the contingency, and the fee payable to the	1617
construction manager at risk.	1618

(G)(1) If the public authority fails to negotiate a	1619
construction management contract with the construction manager at	1620
risk whose pricing proposal the public authority determines to be	1621
the best value under division (E) of this section, the public	1622
authority shall inform the construction manager at risk, in	1623
writing, of the termination of negotiations.	1624

(2) Upon terminating negotiations, the public authority may	1625
enter into negotiations as provided in this section with the	1626
construction manager at risk that the public authority ranked next	1627
highest under division (E) of this section. If negotiations fail,	1628
the public authority may enter into negotiations as provided in	1629
this section with the construction manager at risk the public	1630
authority ranked next highest under division (E) of this section.	1631

(3) If a public authority fails to negotiate a construction	1632
management contract with a construction manager at risk whose	1633
pricing proposal the public authority determines to be the best	1634
value under division (E) of this section, the public authority may	1635
select additional construction managers at risk to provide pricing	1636
proposals to the public authority pursuant to this section or may	1637
select an alternative delivery method for the project.	1638

(H) If the public authority and construction manager at risk	1639
fail to agree on a guaranteed maximum price, nothing in this	1640
section shall prohibit the public authority from allowing the	1641
construction manager at risk to provide the management services	1642
that a construction manager is authorized to provide.	1643

(I) Nothing in this section affects a public authority's	1644
right to accept or reject any or all proposals in whole or in	1645
part.	1646

Sec. 9.335. The requirements set forth in sections 9.33 to	1647
9.334 of the Revised Code for the bidding, selection, and award of	1648
a construction management contract by a public authority prevail	1649
in the event of any conflict with a provision of Chapter 153. of	1650
the Revised Code.	1651

Sec. 9.482. (A) As used in this section, "political	1652
subdivision" has the meaning defined in section 2744.01 of the	1653
Revised Code.	1654

(B) When authorized by their respective legislative	1655
authorities, a political subdivision may enter into an agreement	1656
with another political subdivision whereby a contracting political	1657
subdivision agrees to exercise any power, perform any function, or	1658
render any service for another contracting recipient political	1659
subdivision that the contracting recipient political subdivision	1660
is otherwise legally authorized to exercise, perform, or render.	1661

In the absence in the agreement of provisions determining by	1662
what officer, office, department, agency, or other authority the	1663
powers and duties of a contracting political subdivision shall be	1664
exercised or performed, the legislative authority of the	1665
contracting political subdivision shall determine and assign the	1666
powers and duties.	1667

An agreement shall not suspend the possession by a	1668
contracting recipient political subdivision of any power or	1669
function that is exercised or performed on its behalf by another	1670
contracting political subdivision under the agreement.	1671

A political subdivision shall not enter into an agreement to	1672
levy any tax or to exercise, with regard to public moneys, any	1673
investment powers, perform any investment function, or render any	1674
investment service on behalf of a contracting subdivision.	1675

(C) No power shall be exercised, no function shall be	1676
performed, and no service shall be rendered by a contracting	1677
political subdivision pursuant to an agreement entered into under	1678
this section within a political subdivision that is not a party to	1679
the agreement, without first obtaining the written consent of the	1680
political subdivision that is not a party to the agreement and	1681
within which the power is to be exercised, a function is to be	1682
performed, or a service is to be rendered.	1683

(D) Chapter 2744. of the Revised Code, insofar as it applies	1684
to the operation of a political subdivision, applies to the	1685
political subdivisions that are parties to an agreement and to	1686
their employees when they are rendering a service outside the	1687
boundaries of their employing political subdivision under the	1688
agreement. Employees acting outside the boundaries of their	1689
employing political subdivision while providing a service under an	1690
agreement may participate in any pension or indemnity fund	1691
established by the political subdivision to the same extent as	1692
while they are acting within the boundaries of the political	1693
subdivision, and are entitled to all the rights and benefits of	1694
Chapter 4123. of the Revised Code to the same extent as while they	1695
are performing a service within the boundaries of the political	1696
subdivision.	1697

Sec. 101.15. (A) As used in this section:

1698

(1) "Caucus" means all of the members of either house of the	1699
general assembly who are members of a committee and members of the	1700
same political party.	1701

(2) "Committee" means any committee of either house of the	1702
general assembly, a joint committee of both houses of the general	1703
assembly, including a committee of conference, or a subcommittee	1704
of any committee listed in division (A)(2) of this section.	1705

(3) "Meeting" means any prearranged discussion of the public	1706
business of a committee by a majority of its members.	1707

(B)(1) Except as otherwise provided in ~~division~~divisions	1708
(B)(2) and (F) of this section, all meetings of any committee are	1709
declared to be public meetings open to the public at all times.	1710
The secretary assigned to the chairperson of the committee shall	1711
prepare, file, and maintain the minutes of every regular or	1712
special meeting of a committee. The committee, at its next regular	1713
or special meeting, shall approve the minutes prepared, filed, and	1714
maintained by the secretary, or, if the minutes prepared, filed,	1715
and maintained by the secretary require correction before their	1716
approval, the committee shall correct and approve the minutes at	1717
the next following regular or special meeting. The committee shall	1718
make the minutes available for public inspection not later than	1719
seven days after the meeting the minutes reflect or not later than	1720
the committee's next regular or special meeting, whichever occurs	1721
first.	1722

(2) Upon motion, the chairperson of a committee shall recess	1723
a meeting of the committee to enable the members of the committee	1724
who are members of the same political party to hold a caucus	1725
meeting to discuss matters that have been referred to or are under	1726
consideration by the committee. Unless the caucus determines	1727
otherwise, a caucus meeting is neither a public meeting nor open	1728
to the public at any time. During a recess for the purpose of a	1729
caucus meeting, it is not in order for the committee to take up or	1730
dispose of any matter that has been referred to or is under	1731
consideration by the committee.	1732

(C) Each committee shall establish a reasonable method	1733
whereby any person may determine the time and place of all	1734
regularly scheduled meetings and the time, place, and purpose of	1735
all special meetings. No committee shall hold a regular or special	1736
meeting unless it gives at least twenty-four hours' advance notice	1737
to the news media that have requested notification.	1738

The method established by each committee shall provide that,	1739
upon request and payment of a reasonable fee, any person may	1740
obtain reasonable advance notification of all meetings at which	1741
any specific type of public business will be discussed. Provisions	1742
for advance notification may include, but are not limited to,	1743
mailing the agenda of meetings to all subscribers on a mailing	1744
list or mailing notices in self-addressed stamped envelopes	1745
provided by the person who desires advance notification.	1746

(D) Any action of a committee relating to a bill or	1747
resolution, or any other formal action of a committee, is invalid	1748
unless taken in an open meeting of the committee. Any action of a	1749
committee relating to a bill or resolution, or any other formal	1750
action of a committee, taken in an open meeting is invalid if it	1751
results from deliberations in a meeting not open to the public.	1752

(E)(1) Any person may bring an action to enforce this	1753
section. An action under this division shall be brought within two	1754
years after the date of the alleged violation or threatened	1755
violation. Upon proof of a violation or threatened violation of	1756
this section in an action brought by any person, the court of	1757
common pleas shall issue an injunction to compel the members of	1758
the committee to comply with its provisions.	1759

(2)(a) If the court of common pleas issues an injunction	1760
under division (E)(1) of this section, the court shall order the	1761
committee that it enjoins to pay a civil forfeiture of five	1762
hundred dollars to the party that sought the injunction and shall	1763
award to that party all court costs and, subject to reduction as	1764
described in this division, reasonable attorney's fees. The court,	1765
in its discretion, may reduce an award of attorney's fees to the	1766
party that sought the injunction or not award attorney's fees to	1767
that party if the court determines both of the following:	1768

(i) That, based on the ordinary application of statutory law	1769
and case law as it existed at the time of the violation or	1770
threatened violation that was the basis of the injunction, a	1771
well-informed committee reasonably would believe that the	1772
committee was not violating or threatening to violate this	1773
section;	1774

(ii) That a well-informed committee reasonably would believe	1775
that the conduct or threatened conduct that was the basis of the	1776
injunction would serve the public policy that underlies the	1777
authority that is asserted as permitting that conduct or	1778
threatened conduct.	1779

(b) If the court of common pleas does not issue an injunction	1780
under division (E)(1) of this section and the court determines at	1781
that time that the bringing of the action was frivolous conduct as	1782
defined in division (A) of section 2323.51 of the Revised Code,	1783
the court shall award to the committee all court costs and	1784
reasonable attorney's fees, as determined by the court.	1785

(3) Irreparable harm and prejudice to the party that sought	1786
the injunction shall be conclusively and irrebuttably presumed	1787
upon proof of a violation or threatened violation of this section.	1788

(4) A member of a committee who knowingly violates an	1789
injunction issued under division (E)(1) of this section may be	1790
removed from office by an action brought in the court of common	1791
pleas for that purpose by the prosecuting attorney of Franklin	1792
county or by the attorney general.	1793

(5) The remedies described in divisions (E)(1) to (4) of this	1794
section shall be the exclusive remedies for a violation of this	1795
section.	1796

(F) This section does not apply to or affect either of the	1797
following:	1798

(1) All meetings of the joint legislative ethics committee	1799
created under section 101.34 of the Revised Code other than a	1800
meeting that is held for any of the following purposes:	1801

(a) To consider the adoption, amendment, or recission of any	1802
rule that the joint legislative ethics committee is authorized to	1803
adopt pursuant to division (B)(11) of section 101.34, division (E)	1804
of section 101.78, division (B) of section 102.02, or division (E)	1805
of section 121.68 of the Revised Code;	1806

(b) To discuss and consider changes to any administrative	1807
operation of the joint legislative ethics committee other than any	1808
matter described in division (G) of section 121.22 of the Revised	1809
Code;	1810

1811

(2) Meetings of a caucus, except as provided in division	1812
(B)(2) of this section.	1813

~~(G)~~ For purposes of division (F)(1)(a) of this section, an	1814
advisory opinion, written opinion, or decision relative to a	1815
complaint is not a rule.	1816

Sec. 102.02. (A) Except as otherwise provided in division	1817
(H) of this section, all of the following shall file with the	1818
appropriate ethics commission the disclosure statement described	1819
in this division on a form prescribed by the appropriate	1820
commission: every person who is elected to or is a candidate for a	1821
state, county, or city office and every person who is appointed to	1822
fill a vacancy for an unexpired term in such an elective office;	1823
all members of the state board of education; the director,	1824
assistant directors, deputy directors, division chiefs, or persons	1825
of equivalent rank of any administrative department of the state;	1826
the president or other chief administrative officer of every state	1827
institution of higher education as defined in section 3345.011 of	1828
the Revised Code; the executive director and the members of the	1829
capitol square review and advisory board appointed or employed	1830
pursuant to section 105.41 of the Revised Code; all members of the	1831
Ohio casino control commission, the executive director of the	1832
commission, all professional employees of the commission, and all	1833
technical employees of the commission who perform an internal	1834
audit function; the individuals set forth in division (B)(2) of	1835
section 187.03 of the Revised Code; the chief executive officer	1836
and the members of the board of each state retirement system; each	1837
employee of a state retirement board who is a state retirement	1838
system investment officer licensed pursuant to section 1707.163 of	1839
the Revised Code; the members of the Ohio retirement study council	1840
appointed pursuant to division (C) of section 171.01 of the	1841
Revised Code; employees of the Ohio retirement study council,	1842
other than employees who perform purely administrative or clerical	1843
functions; the administrator of workers' compensation and each	1844
member of the bureau of workers' compensation board of directors;	1845
the bureau of workers' compensation director of investments; the	1846
chief investment officer of the bureau of workers' compensation;	1847
the director appointed by the workers' compensation council; all	1848
members of the board of commissioners on grievances and discipline	1849
of the supreme court and the ethics commission created under	1850
section 102.05 of the Revised Code; every business manager,	1851
treasurer, or superintendent of a city, local, exempted village,	1852
joint vocational, or cooperative education school district or an	1853
educational service center; every person who is elected to or is a	1854
candidate for the office of member of a board of education of a	1855
city, local, exempted village, joint vocational, or cooperative	1856
education school district or of a governing board of an	1857
educational service center that has a total student count of	1858
twelve thousand or more as most recently determined by the	1859
department of education pursuant to section 3317.03 of the Revised	1860
Code; every person who is appointed to the board of education of a	1861
municipal school district pursuant to division (B) or (F) of	1862
section 3311.71 of the Revised Code; all members of the board of	1863
directors of a sanitary district that is established under Chapter	1864
6115. of the Revised Code and organized wholly for the purpose of	1865
providing a water supply for domestic, municipal, and public use,	1866
and that includes two municipal corporations in two counties;	1867
every public official or employee who is paid a salary or wage in	1868
accordance with schedule C of section 124.15 or schedule E-2 of	1869
section 124.152 of the Revised Code; members of the board of	1870
trustees and the executive director of the southern Ohio	1871
agricultural and community development foundation; all members	1872
appointed to the Ohio livestock care standards board under section	1873
904.02 of the Revised Code; and every other public official or	1874
employee who is designated by the appropriate ethics commission	1875
pursuant to division (B) of this section.	1876

The disclosure statement shall include all of the following:

1877

(1) The name of the person filing the statement and each	1878
member of the person's immediate family and all names under which	1879
the person or members of the person's immediate family do	1880
business;	1881

(2)(a) Subject to divisions (A)(2)(b) and (c) of this section	1882
and except as otherwise provided in section 102.022 of the Revised	1883
Code, identification of every source of income, other than income	1884
from a legislative agent identified in division (A)(2)(b) of this	1885
section, received during the preceding calendar year, in the	1886
person's own name or by any other person for the person's use or	1887
benefit, by the person filing the statement, and a brief	1888
description of the nature of the services for which the income was	1889
received. If the person filing the statement is a member of the	1890
general assembly, the statement shall identify the amount of every	1891
source of income received in accordance with the following ranges	1892
of amounts: zero or more, but less than one thousand dollars; one	1893
thousand dollars or more, but less than ten thousand dollars; ten	1894
thousand dollars or more, but less than twenty-five thousand	1895
dollars; twenty-five thousand dollars or more, but less than fifty	1896
thousand dollars; fifty thousand dollars or more, but less than	1897
one hundred thousand dollars; and one hundred thousand dollars or	1898
more. Division (A)(2)(a) of this section shall not be construed to	1899
require a person filing the statement who derives income from a	1900
business or profession to disclose the individual items of income	1901
that constitute the gross income of that business or profession,	1902
except for those individual items of income that are attributable	1903
to the person's or, if the income is shared with the person, the	1904
partner's, solicitation of services or goods or performance,	1905
arrangement, or facilitation of services or provision of goods on	1906
behalf of the business or profession of clients, including	1907
corporate clients, who are legislative agents. A person who files	1908
the statement under this section shall disclose the identity of	1909
and the amount of income received from a person who the public	1910
official or employee knows or has reason to know is doing or	1911
seeking to do business of any kind with the public official's or	1912
employee's agency.	1913

(b) If the person filing the statement is a member of the	1914
general assembly, the statement shall identify every source of	1915
income and the amount of that income that was received from a	1916
legislative agent during the preceding calendar year, in the	1917
person's own name or by any other person for the person's use or	1918
benefit, by the person filing the statement, and a brief	1919
description of the nature of the services for which the income was	1920
received. Division (A)(2)(b) of this section requires the	1921
disclosure of clients of attorneys or persons licensed under	1922
section 4732.12 of the Revised Code, or patients of persons	1923
certified under section 4731.14 of the Revised Code, if those	1924
clients or patients are legislative agents. Division (A)(2)(b) of	1925
this section requires a person filing the statement who derives	1926
income from a business or profession to disclose those individual	1927
items of income that constitute the gross income of that business	1928
or profession that are received from legislative agents.	1929

(c) Except as otherwise provided in division (A)(2)(c) of	1930
this section, division (A)(2)(a) of this section applies to	1931
attorneys, physicians, and other persons who engage in the	1932
practice of a profession and who, pursuant to a section of the	1933
Revised Code, the common law of this state, a code of ethics	1934
applicable to the profession, or otherwise, generally are required	1935
not to reveal, disclose, or use confidences of clients, patients,	1936
or other recipients of professional services except under	1937
specified circumstances or generally are required to maintain	1938
those types of confidences as privileged communications except	1939
under specified circumstances. Division (A)(2)(a) of this section	1940
does not require an attorney, physician, or other professional	1941
subject to a confidentiality requirement as described in division	1942
(A)(2)(c) of this section to disclose the name, other identity, or	1943
address of a client, patient, or other recipient of professional	1944
services if the disclosure would threaten the client, patient, or	1945
other recipient of professional services, would reveal details of	1946
the subject matter for which legal, medical, or professional	1947
advice or other services were sought, or would reveal an otherwise	1948
privileged communication involving the client, patient, or other	1949
recipient of professional services. Division (A)(2)(a) of this	1950
section does not require an attorney, physician, or other	1951
professional subject to a confidentiality requirement as described	1952
in division (A)(2)(c) of this section to disclose in the brief	1953
description of the nature of services required by division	1954
(A)(2)(a) of this section any information pertaining to specific	1955
professional services rendered for a client, patient, or other	1956
recipient of professional services that would reveal details of	1957
the subject matter for which legal, medical, or professional	1958
advice was sought or would reveal an otherwise privileged	1959
communication involving the client, patient, or other recipient of	1960
professional services.	1961

(3) The name of every corporation on file with the secretary	1962
of state that is incorporated in this state or holds a certificate	1963
of compliance authorizing it to do business in this state, trust,	1964
business trust, partnership, or association that transacts	1965
business in this state in which the person filing the statement or	1966
any other person for the person's use and benefit had during the	1967
preceding calendar year an investment of over one thousand dollars	1968
at fair market value as of the thirty-first day of December of the	1969
preceding calendar year, or the date of disposition, whichever is	1970
earlier, or in which the person holds any office or has a	1971
fiduciary relationship, and a description of the nature of the	1972
investment, office, or relationship. Division (A)(3) of this	1973
section does not require disclosure of the name of any bank,	1974
savings and loan association, credit union, or building and loan	1975
association with which the person filing the statement has a	1976
deposit or a withdrawable share account.	1977

(4) All fee simple and leasehold interests to which the	1978
person filing the statement holds legal title to or a beneficial	1979
interest in real property located within the state, excluding the	1980
person's residence and property used primarily for personal	1981
recreation;	1982

(5) The names of all persons residing or transacting business	1983
in the state to whom the person filing the statement owes, in the	1984
person's own name or in the name of any other person, more than	1985
one thousand dollars. Division (A)(5) of this section shall not be	1986
construed to require the disclosure of debts owed by the person	1987
resulting from the ordinary conduct of a business or profession or	1988
debts on the person's residence or real property used primarily	1989
for personal recreation, except that the superintendent of	1990
financial institutions shall disclose the names of all	1991
state-chartered savings and loan associations and of all service	1992
corporations subject to regulation under division (E)(2) of	1993
section 1151.34 of the Revised Code to whom the superintendent in	1994
the superintendent's own name or in the name of any other person	1995
owes any money, and that the superintendent and any deputy	1996
superintendent of banks shall disclose the names of all	1997
state-chartered banks and all bank subsidiary corporations subject	1998
to regulation under section 1109.44 of the Revised Code to whom	1999
the superintendent or deputy superintendent owes any money.	2000

(6) The names of all persons residing or transacting business	2001
in the state, other than a depository excluded under division	2002
(A)(3) of this section, who owe more than one thousand dollars to	2003
the person filing the statement, either in the person's own name	2004
or to any person for the person's use or benefit. Division (A)(6)	2005
of this section shall not be construed to require the disclosure	2006
of clients of attorneys or persons licensed under section 4732.12	2007
or 4732.15 of the Revised Code, or patients of persons certified	2008
under section 4731.14 of the Revised Code, nor the disclosure of	2009
debts owed to the person resulting from the ordinary conduct of a	2010
business or profession.	2011

(7) Except as otherwise provided in section 102.022 of the	2012
Revised Code, the source of each gift of over seventy-five	2013
dollars, or of each gift of over twenty-five dollars received by a	2014
member of the general assembly from a legislative agent, received	2015
by the person in the person's own name or by any other person for	2016
the person's use or benefit during the preceding calendar year,	2017
except gifts received by will or by virtue of section 2105.06 of	2018
the Revised Code, or received from spouses, parents, grandparents,	2019
children, grandchildren, siblings, nephews, nieces, uncles, aunts,	2020
brothers-in-law, sisters-in-law, sons-in-law, daughters-in-law,	2021
fathers-in-law, mothers-in-law, or any person to whom the person	2022
filing the statement stands in loco parentis, or received by way	2023
of distribution from any inter vivos or testamentary trust	2024
established by a spouse or by an ancestor;	2025

(8) Except as otherwise provided in section 102.022 of the	2026
Revised Code, identification of the source and amount of every	2027
payment of expenses incurred for travel to destinations inside or	2028
outside this state that is received by the person in the person's	2029
own name or by any other person for the person's use or benefit	2030
and that is incurred in connection with the person's official	2031
duties, except for expenses for travel to meetings or conventions	2032
of a national or state organization to which any state agency,	2033
including, but not limited to, any legislative agency or state	2034
institution of higher education as defined in section 3345.011 of	2035
the Revised Code, pays membership dues, or any political	2036
subdivision or any office or agency of a political subdivision	2037
pays membership dues;	2038

(9) Except as otherwise provided in section 102.022 of the	2039
Revised Code, identification of the source of payment of expenses	2040
for meals and other food and beverages, other than for meals and	2041
other food and beverages provided at a meeting at which the person	2042
participated in a panel, seminar, or speaking engagement or at a	2043
meeting or convention of a national or state organization to which	2044
any state agency, including, but not limited to, any legislative	2045
agency or state institution of higher education as defined in	2046
section 3345.011 of the Revised Code, pays membership dues, or any	2047
political subdivision or any office or agency of a political	2048
subdivision pays membership dues, that are incurred in connection	2049
with the person's official duties and that exceed one hundred	2050
dollars aggregated per calendar year;	2051

(10) If the disclosure statement is filed by a public	2052
official or employee described in division (B)(2) of section	2053
101.73 of the Revised Code or division (B)(2) of section 121.63 of	2054
the Revised Code who receives a statement from a legislative	2055
agent, executive agency lobbyist, or employer that contains the	2056
information described in division (F)(2) of section 101.73 of the	2057
Revised Code or division (G)(2) of section 121.63 of the Revised	2058
Code, all of the nondisputed information contained in the	2059
statement delivered to that public official or employee by the	2060
legislative agent, executive agency lobbyist, or employer under	2061
division (F)(2) of section 101.73 or (G)(2) of section 121.63 of	2062
the Revised Code.	2063

A person may file a statement required by this section in	2064
person or by mail. A person who is a candidate for elective office	2065
shall file the statement no later than the thirtieth day before	2066
the primary, special, or general election at which the candidacy	2067
is to be voted on, whichever election occurs soonest, except that	2068
a person who is a write-in candidate shall file the statement no	2069
later than the twentieth day before the earliest election at which	2070
the person's candidacy is to be voted on. A person who holds	2071
elective office shall file the statement on or before the	2072
fifteenth day of April of each year unless the person is a	2073
candidate for office. A person who is appointed to fill a vacancy	2074
for an unexpired term in an elective office shall file the	2075
statement within fifteen days after the person qualifies for	2076
office. Other persons shall file an annual statement on or before	2077
the fifteenth day of April or, if appointed or employed after that	2078
date, within ninety days after appointment or employment. No	2079
person shall be required to file with the appropriate ethics	2080
commission more than one statement or pay more than one filing fee	2081
for any one calendar year.	2082

The appropriate ethics commission, for good cause, may extend	2083
for a reasonable time the deadline for filing a statement under	2084
this section.	2085

A statement filed under this section is subject to public	2086
inspection at locations designated by the appropriate ethics	2087
commission except as otherwise provided in this section.	2088

(B) The Ohio ethics commission, the joint legislative ethics	2089
committee, and the board of commissioners on grievances and	2090
discipline of the supreme court, using the rule-making procedures	2091
of Chapter 119. of the Revised Code, may require any class of	2092
public officials or employees under its jurisdiction and not	2093
specifically excluded by this section whose positions involve a	2094
substantial and material exercise of administrative discretion in	2095
the formulation of public policy, expenditure of public funds,	2096
enforcement of laws and rules of the state or a county or city, or	2097
the execution of other public trusts, to file an annual statement	2098
on or before the fifteenth day of April under division (A) of this	2099
section. The appropriate ethics commission shall send the public	2100
officials or employees written notice of the requirement by the	2101
fifteenth day of February of each year the filing is required	2102
unless the public official or employee is appointed after that	2103
date, in which case the notice shall be sent within thirty days	2104
after appointment, and the filing shall be made not later than	2105
ninety days after appointment.	2106

Except for disclosure statements filed by members of the	2107
board of trustees and the executive director of the southern Ohio	2108
agricultural and community development foundation, disclosure	2109
statements filed under this division with the Ohio ethics	2110
commission by members of boards, commissions, or bureaus of the	2111
state for which no compensation is received other than reasonable	2112
and necessary expenses shall be kept confidential. Disclosure	2113
statements filed with the Ohio ethics commission under division	2114
(A) of this section by business managers, treasurers, and	2115
superintendents of city, local, exempted village, joint	2116
vocational, or cooperative education school districts or	2117
educational service centers shall be kept confidential, except	2118
that any person conducting an audit of any such school district or	2119
educational service center pursuant to section 115.56 or Chapter	2120
117. of the Revised Code may examine the disclosure statement of	2121
any business manager, treasurer, or superintendent of that school	2122
district or educational service center. Disclosure statements	2123
filed with the Ohio ethics commission under division (A) of this	2124
section by the individuals set forth in division (B)(2) of section	2125
187.03 of the Revised Code shall be kept confidential. The Ohio	2126
ethics commission shall examine each disclosure statement required	2127
to be kept confidential to determine whether a potential conflict	2128
of interest exists for the person who filed the disclosure	2129
statement. A potential conflict of interest exists if the private	2130
interests of the person, as indicated by the person's disclosure	2131
statement, might interfere with the public interests the person is	2132
required to serve in the exercise of the person's authority and	2133
duties in the person's office or position of employment. If the	2134
commission determines that a potential conflict of interest	2135
exists, it shall notify the person who filed the disclosure	2136
statement and shall make the portions of the disclosure statement	2137
that indicate a potential conflict of interest subject to public	2138
inspection in the same manner as is provided for other disclosure	2139
statements. Any portion of the disclosure statement that the	2140
commission determines does not indicate a potential conflict of	2141
interest shall be kept confidential by the commission and shall	2142
not be made subject to public inspection, except as is necessary	2143
for the enforcement of Chapters 102. and 2921. of the Revised Code	2144
and except as otherwise provided in this division.	2145

(C) No person shall knowingly fail to file, on or before the	2146
applicable filing deadline established under this section, a	2147
statement that is required by this section.	2148

(D) No person shall knowingly file a false statement that is	2149
required to be filed under this section.	2150

(E)(1) Except as provided in divisions (E)(2) and (3) of this	2151
section, beginning with statements for calendar year 2011, the	2152
statement required by division (A) or (B) of this section shall be	2153
accompanied by a filing fee of ~~forty~~sixty dollars.	2154

(2) ~~The~~Beginning with statements for calendar year 2011, the	2155
statement required by division (A) of this section shall be	2156
accompanied by the following filing fee to be paid by the person	2157
who is elected or appointed to, or is a candidate for, any of the	2158
following offices:	2159

For state office, except member of the		2160
state board of education	$65 95	2161
For office of member of general assembly	$40	2162
For county office	$40 60	2163
For city office	$25 35	2164
For office of member of the state board		2165
of education	$25 35	2166
For office of member of the Ohio		2167
livestock care standards board	$25	2168
For office of member of a city, local,		2169
exempted village, or cooperative		2170
education board of		2171
education or educational service		2172
center governing board	$20 30	2173
For position of business manager,		2174
treasurer, or superintendent of a		2175
city, local, exempted village, joint		2176
vocational, or cooperative education		2177
school district or		2178
educational service center	$20 30	2179

(3) No judge of a court of record or candidate for judge of a	2180
court of record, and no referee or magistrate serving a court of	2181
record, shall be required to pay the fee required under division	2182
(E)(1) or (2) or (F) of this section.	2183

(4) For any public official who is appointed to a nonelective	2184
office of the state and for any employee who holds a nonelective	2185
position in a public agency of the state, the state agency that is	2186
the primary employer of the state official or employee shall pay	2187
the fee required under division (E)(1) or (F) of this section.	2188

(F) IfBeginning with statements for calendar year 2011, if a	2189
statement required to be filed under this section is not filed by	2190
the date on which it is required to be filed, the appropriate	2191
ethics commission shall assess the person required to file the	2192
statement a late filing fee of ~~ten~~twenty dollars for each day the	2193
statement is not filed, except that the total amount of the late	2194
filing fee shall not exceed ~~two~~five hundred ~~fifty~~ dollars.	2195

(G)(1) The appropriate ethics commission other than the Ohio	2196
ethics commission and the joint legislative ethics committee shall	2197
deposit all fees it receives under divisions (E) and (F) of this	2198
section into the general revenue fund of the state.	2199

(2) The Ohio ethics commission shall deposit all receipts,	2200
including, but not limited to, fees it receives under divisions	2201
(E) and (F) of this section, investigative or other fees, costs,	2202
or other funds it receives as a result of court orders, and all	2203
moneys it receives from settlements under division (G) of section	2204
102.06 of the Revised Code, into the Ohio ethics commission fund,	2205
which is hereby created in the state treasury. All moneys credited	2206
to the fund shall be used solely for expenses related to the	2207
operation and statutory functions of the commission.	2208

(3) The joint legislative ethics committee shall deposit all	2209
receipts it receives from the payment of financial disclosure	2210
statement filing fees under divisions (E) and (F) of this section	2211
into the joint legislative ethics committee investigative fund.	2212

(H) Division (A) of this section does not apply to a person	2213
elected or appointed to the office of precinct, ward, or district	2214
committee member under Chapter 3517. of the Revised Code; a	2215
presidential elector; a delegate to a national convention; village	2216
or township officials and employees; any physician or psychiatrist	2217
who is paid a salary or wage in accordance with schedule C of	2218
section 124.15 or schedule E-2 of section 124.152 of the Revised	2219
Code and whose primary duties do not require the exercise of	2220
administrative discretion; or any member of a board, commission,	2221
or bureau of any county or city who receives less than one	2222
thousand dollars per year for serving in that position.	2223

Sec. 105.41. (A) There is hereby created in the legislative	2224
branch of government the capitol square review and advisory board,	2225
consisting of thirteen members as follows:	2226

(1) Two members of the senate, appointed by the president of	2227
the senate, both of whom shall not be members of the same	2228
political party;	2229

(2) Two members of the house of representatives, appointed by	2230
the speaker of the house of representatives, both of whom shall	2231
not be members of the same political party;	2232

(3) Five members appointed by the governor, with the advice	2233
and consent of the senate, not more than three of whom shall be	2234
members of the same political party, one of whom shall be the	2235
chief of staff of the governor's office, one of whom shall	2236
represent the Ohio arts council, one of whom shall represent the	2237
Ohio historical society, one of whom shall represent the Ohio	2238
building authority, and one of whom shall represent the public at	2239
large;	2240

(4) One member, who shall be a former president of the	2241
senate, appointed by the current president of the senate. If the	2242
current president of the senate, in the current president's	2243
discretion, decides for any reason not to make the appointment or	2244
if no person is eligible or available to serve, the seat shall	2245
remain vacant.	2246

(5) One member, who shall be a former speaker of the house of	2247
representatives, appointed by the current speaker of the house of	2248
representatives. If the current speaker of the house of	2249
representatives, in the current speaker's discretion, decides for	2250
any reason not to make the appointment or if no person is eligible	2251
or available to serve, the seat shall remain vacant.	2252

(6) The clerk of the senate and the clerk of the house of	2253
representatives.	2254

(B) Terms of office of each appointed member of the board	2255
shall be for three years, except that members of the general	2256
assembly appointed to the board shall be members of the board only	2257
so long as they are members of the general assembly and the chief	2258
of staff of the governor's office shall be a member of the board	2259
only so long as the appointing governor remains in office. Each	2260
member shall hold office from the date of the member's appointment	2261
until the end of the term for which the member was appointed. In	2262
case of a vacancy occurring on the board, the president of the	2263
senate, the speaker of the house of representatives, or the	2264
governor, as the case may be, shall in the same manner prescribed	2265
for the regular appointment to the commission, fill the vacancy by	2266
appointing a member. Any member appointed to fill a vacancy	2267
occurring prior to the expiration of the term for which the	2268
member's predecessor was appointed shall hold office for the	2269
remainder of the term. Any appointed member shall continue in	2270
office subsequent to the expiration date of the member's term	2271
until the member's successor takes office, or until a period of	2272
sixty days has elapsed, whichever occurs first.	2273

(C) The board shall hold meetings in a manner and at times	2274
prescribed by the rules adopted by the board. A majority of the	2275
board constitutes a quorum, and no action shall be taken by the	2276
board unless approved by at least six members or by at least seven	2277
members if a person is appointed under division (A)(4) or (5) of	2278
this section. At its first meeting, the board shall adopt rules	2279
for the conduct of its business and the election of its officers,	2280
and shall organize by selecting a chairperson and other officers	2281
as it considers necessary. Board members shall serve without	2282
compensation but shall be reimbursed for actual and necessary	2283
expenses incurred in the performance of their duties.	2284

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

2285

(1) Employ or hire on a consulting basis professional,	2286
technical, and clerical employees as are necessary for the	2287
performance of its duties;	2288

(2) Hold public hearings at times and places as determined by	2289
the board;	2290

(3) Adopt, amend, or rescind rules necessary to accomplish	2291
the duties of the board as set forth in this section;	2292

(4) Sponsor, conduct, and support such social events as the	2293
board may authorize and consider appropriate for the employees of	2294
the board, employees and members of the general assembly,	2295
employees of persons under contract with the board or otherwise	2296
engaged to perform services on the premises of capitol square, or	2297
other persons as the board may consider appropriate. Subject to	2298
the requirements of Chapter 4303. of the Revised Code, the board	2299
may provide beer, wine, and intoxicating liquor, with or without	2300
charge, for those events and may use funds only from the sale of	2301
goods and services fund to purchase the beer, wine, and	2302
intoxicating liquor the board provides;	2303

(5) Purchase a warehouse in which to store items of the	2304
capitol collection trust and, whenever necessary, equipment or	2305
other property of the board.	2306

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

2307

(1) Have sole authority to coordinate and approve any	2308
improvements, additions, and renovations that are made to the	2309
capitol square. The improvements shall include, but not be limited	2310
to, the placement of monuments and sculpture on the capitol	2311
grounds.	2312

(2) Subject to section 3353.07 of the Revised Code, operate	2313
the capitol square, and have sole authority to regulate all uses	2314
of the capitol square. The uses shall include, but not be limited	2315
to, the casual and recreational use of the capitol square.	2316

(3) Employ, fix the compensation of, and prescribe the duties	2317
of the executive director of the board and other employees the	2318
board considers necessary for the performance of its powers and	2319
duties;	2320

(4) Establish and maintain the capitol collection trust. The	2321
capitol collection trust shall consist of furniture, antiques, and	2322
other items of personal property that the board shall store in	2323
suitable facilities until they are ready to be displayed in the	2324
capitol square.	2325

(5) Perform repair, construction, contracting, purchasing,	2326
maintenance, supervisory, and operating activities the board	2327
determines are necessary for the operation and maintenance of the	2328
capitol square;	2329

(6) Maintain and preserve the capitol square, in accordance	2330
with guidelines issued by the United States secretary of the	2331
interior for application of the secretary's standards for	2332
rehabilitation adopted in 36 C.F.R. part 67;	2333

(7) Plan and develop a center at the capitol building for the	2334
purpose of educating visitors about the history of Ohio, including	2335
its political, economic, and social development and the design and	2336
erection of the capitol building and its grounds.	2337

(F)(1) The board shall lease capital facilities improved or	2338
financed by the Ohio building authority pursuant to Chapter 152.	2339
of the Revised Code for the use of the board, and may enter into	2340
any other agreements with the authority ancillary to improvement,	2341
financing, or leasing of those capital facilities, including, but	2342
not limited to, any agreement required by the applicable bond	2343
proceedings authorized by Chapter 152. of the Revised Code. Any	2344
lease of capital facilities authorized by this section shall be	2345
governed by division (D) of section 152.24 of the Revised Code.	2346

(2) Fees, receipts, and revenues received by the board from	2347
the state underground parking garage constitute available receipts	2348
as defined in section 152.09 of the Revised Code, and may be	2349
pledged to the payment of bond service charges on obligations	2350
issued by the Ohio building authority pursuant to Chapter 152. of	2351
the Revised Code to improve, finance, or purchase capital	2352
facilities useful to the board. The authority may, with the	2353
consent of the board, provide in the bond proceedings for a pledge	2354
of all or a portion of those fees, receipts, and revenues as the	2355
authority determines. The authority may provide in the bond	2356
proceedings or by separate agreement with the board for the	2357
transfer of those fees, receipts, and revenues to the appropriate	2358
bond service fund or bond service reserve fund as required to pay	2359
the bond service charges when due, and any such provision for the	2360
transfer of those fees, receipts, and revenues shall be	2361
controlling notwithstanding any other provision of law pertaining	2362
to those fees, receipts, and revenues.	2363

(3) All moneys received by the treasurer of state on account	2364
of the board and required by the applicable bond proceedings or by	2365
separate agreement with the board to be deposited, transferred, or	2366
credited to the bond service fund or bond service reserve fund	2367
established by the bond proceedings shall be transferred by the	2368
treasurer of state to such fund, whether or not it is in the	2369
custody of the treasurer of state, without necessity for further	2370
appropriation, upon receipt of notice from the Ohio building	2371
authority as prescribed in the bond proceedings.	2372

(G) All fees, receipts, and revenues received by the board	2373
from the state underground parking garage shall be deposited into	2374
the state treasury to the credit of the underground parking garage	2375
operating fund, which is hereby created, to be used for the	2376
purposes specified in division (F) of this section and for the	2377
operation and maintenance of the garage. All investment earnings	2378
of the fund shall be credited to the fund.	2379

(H) All donations received by the board shall be deposited	2380
into the state treasury to the credit of the capitol square	2381
renovation gift fund, which is hereby created. The fund shall be	2382
used by the board as follows:	2383

(1) To provide part or all of the funding related to	2384
construction, goods, or services for the renovation of the capitol	2385
square;	2386

(2) To purchase art, antiques, and artifacts for display at	2387
the capitol square;	2388

(3) To award contracts or make grants to organizations for	2389
educating the public regarding the historical background and	2390
governmental functions of the capitol square. Chapters 125., 127.,	2391
and 153. and section 3517.13 of the Revised Code do not apply to	2392
purchases made exclusively from the fund, notwithstanding anything	2393
to the contrary in those chapters or that section. All investment	2394
earnings of the fund shall be credited to the fund.	2395

(I) Except as provided in divisions (G), (H), and (J) of this	2396
section, all fees, receipts, and revenues received by the board	2397
shall be deposited into the state treasury to the credit of the	2398
sale of goods and services fund, which is hereby created. Money	2399
credited to the fund shall be used solely to pay costs of the	2400
board other than those specified in divisions (F) and (G) of this	2401
section. All investment earnings of the fund shall be credited to	2402
the fund.	2403

(J) There is hereby created in the state treasury the capitol	2404
square improvement fund, to be used by the board to pay	2405
construction, renovation, and other costs related to the capitol	2406
square for which money is not otherwise available to the board.	2407
Whenever the board determines that there is a need to incur those	2408
costs and that the unencumbered, unobligated balance to the credit	2409
of the underground parking garage operating fund exceeds the	2410
amount needed for the purposes specified in division (F) of this	2411
section and for the operation and maintenance of the garage, the	2412
board may request the director of budget and management to	2413
transfer from the underground parking garage operating fund to the	2414
capitol square improvement fund the amount needed to pay such	2415
construction, renovation, or other costs. The director then shall	2416
transfer the amount needed from the excess balance of the	2417
underground parking garage operating fund.	2418

(K) As the operation and maintenance of the capitol square	2419
constitute essential government functions of a public purpose, the	2420
board shall not be required to pay taxes or assessments upon the	2421
square, upon any property acquired or used by the board under this	2422
section, or upon any income generated by the operation of the	2423
square.	2424

(L) As used in this section, "capitol square" means the	2425
capitol building, senate building, capitol atrium, capitol	2426
grounds, the state underground parking garage, and the warehouse	2427
owned by the board.	2428

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

2429

Sec. 107.09. Immediately after the determination of each	2430
decennial apportionment for members of the general assembly the	2431
governor shall cause such apportionment to be published ~~for four~~	2432
~~consecutive weeks in three newspapers, one in Cincinnati, one in~~	2433
~~Cleveland, and one in Columbus~~.	2434

Sec. 109.02. The attorney general is the chief law officer	2435
for the state and all its departments and shall be provided with	2436
adequate office space in Columbus. Except as provided in division	2437
(E) of section 120.06 and in sections 9.05, 3517.152 to 3517.157,	2438
and 3521.04 of the Revised Code, no state officer or board, or	2439
head of a department or institution of the state shall employ, or	2440
be represented by, other counsel or attorneys at law. The attorney	2441
general shall appear for the state in the trial and argument of	2442
all civil and criminal causes in the supreme court in which the	2443
state is directly or indirectly interested. When required by the	2444
governor or the general assembly, the attorney general shall	2445
appear for the state in any court or tribunal in a cause in which	2446
the state is a party, or in which the state is directly	2447
interested. Upon the written request of the governor, the attorney	2448
general shall prosecute any person indicted for a crime.	2449

Sec. 109.36. As used in this section and sections 109.361 to	2450
109.366 of the Revised Code:	2451

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

2452

(a) A person who, at the time a cause of action against the	2453
person arises, is serving in an elected or appointed office or	2454
position with the state or is employed by the state.	2455

(b) A person that, at the time a cause of action against the	2456
person, partnership, or corporation arises, is rendering medical,	2457
nursing, dental, podiatric, optometric, physical therapeutic,	2458
psychiatric, or psychological services pursuant to a personal	2459
services contract or purchased service contract with a department,	2460
agency, or institution of the state.	2461

(c) A person that, at the time a cause of action against the	2462
person, partnership, or corporation arises, is rendering peer	2463
review, utilization review, or drug utilization review services in	2464
relation to medical, nursing, dental, podiatric, optometric,	2465
physical therapeutic, psychiatric, or psychological services	2466
pursuant to a personal services contract or purchased service	2467
contract with a department, agency, or institution of the state.	2468

(d) A person who, at the time a cause of action against the	2469
person arises, is rendering medical, nursing, dental, podiatric,	2470
optometric, physical therapeutic, psychiatric, or psychological	2471
services to patients in a state institution operated by the	2472
department of mental health~~, is a member of the institution's~~	2473
~~staff, and is performing the services~~ pursuant to an agreement	2474
~~between the state institution and a board of alcohol, drug~~	2475
~~addiction, and mental health services described in section 340.021~~	2476
~~of the Revised Code~~with the department.	2477

(2) "Officer or employee" does not include any person	2478
elected, appointed, or employed by any political subdivision of	2479
the state.	2480

(B) "State" means the state of Ohio, including but not	2481
limited to, the general assembly, the supreme court, courts of	2482
appeals, the offices of all elected state officers, and all	2483
departments, boards, offices, commissions, agencies, institutions,	2484
and other instrumentalities of the state of Ohio. "State" does not	2485
include political subdivisions.	2486

(C) "Political subdivisions" of the state means municipal	2487
corporations, townships, counties, school districts, and all other	2488
bodies corporate and politic responsible for governmental	2489
activities only in geographical areas smaller than that of the	2490
state.	2491

(D) "Employer" means the general assembly, the supreme court,	2492
courts of appeals, any office of an elected state officer, or any	2493
department, board, office, commission, agency, institution, or	2494
other instrumentality of the state of Ohio that employs or	2495
contracts with an officer or employee or to which an officer or	2496
employee is elected or appointed.	2497

Sec. 109.42. (A) The attorney general shall prepare and have	2498
printed a pamphlet that contains a compilation of all statutes	2499
relative to victim's rights in which the attorney general lists	2500
and explains the statutes in the form of a victim's bill of	2501
rights. The attorney general shall distribute the pamphlet to all	2502
sheriffs, marshals, municipal corporation and township police	2503
departments, constables, and other law enforcement agencies, to	2504
all prosecuting attorneys, city directors of law, village	2505
solicitors, and other similar chief legal officers of municipal	2506
corporations, and to organizations that represent or provide	2507
services for victims of crime. The victim's bill of rights set	2508
forth in the pamphlet shall contain a description of all of the	2509
rights of victims that are provided for in Chapter 2930. or in any	2510
other section of the Revised Code and shall include, but not be	2511
limited to, all of the following:	2512

(1) The right of a victim or a victim's representative to	2513
attend a proceeding before a grand jury, in a juvenile case, or in	2514
a criminal case pursuant to a subpoena without being discharged	2515
from the victim's or representative's employment, having the	2516
victim's or representative's employment terminated, having the	2517
victim's or representative's pay decreased or withheld, or	2518
otherwise being punished, penalized, or threatened as a result of	2519
time lost from regular employment because of the victim's or	2520
representative's attendance at the proceeding pursuant to the	2521
subpoena, as set forth in section 2151.211, 2930.18, 2939.121, or	2522
2945.451 of the Revised Code;	2523

(2) The potential availability pursuant to section 2151.359	2524
or 2152.61 of the Revised Code of a forfeited recognizance to pay	2525
damages caused by a child when the delinquency of the child or	2526
child's violation of probation or community control is found to be	2527
proximately caused by the failure of the child's parent or	2528
guardian to subject the child to reasonable parental authority or	2529
to faithfully discharge the conditions of probation or community	2530
control;	2531

(3) The availability of awards of reparations pursuant to	2532
sections 2743.51 to 2743.72 of the Revised Code for injuries	2533
caused by criminal offenses;	2534

(4) The right of the victim in certain criminal or juvenile	2535
cases or a victim's representative to receive, pursuant to section	2536
2930.06 of the Revised Code, notice of the date, time, and place	2537
of the trial or delinquency proceeding in the case or, if there	2538
will not be a trial or delinquency proceeding, information from	2539
the prosecutor, as defined in section 2930.01 of the Revised Code,	2540
regarding the disposition of the case;	2541

(5) The right of the victim in certain criminal or juvenile	2542
cases or a victim's representative to receive, pursuant to section	2543
2930.04, 2930.05, or 2930.06 of the Revised Code, notice of the	2544
name of the person charged with the violation, the case or docket	2545
number assigned to the charge, and a telephone number or numbers	2546
that can be called to obtain information about the disposition of	2547
the case;	2548

(6) The right of the victim in certain criminal or juvenile	2549
cases or of the victim's representative pursuant to section	2550
2930.13 or 2930.14 of the Revised Code, subject to any reasonable	2551
terms set by the court as authorized under section 2930.14 of the	2552
Revised Code, to make a statement about the victimization and, if	2553
applicable, a statement relative to the sentencing or disposition	2554
of the offender;	2555

(7) The opportunity to obtain a court order, pursuant to	2556
section 2945.04 of the Revised Code, to prevent or stop the	2557
commission of the offense of intimidation of a crime victim or	2558
witness or an offense against the person or property of the	2559
complainant, or of the complainant's ward or child;	2560

(8) The right of the victim in certain criminal or juvenile	2561
cases or a victim's representative pursuant to sections 2151.38,	2562
2929.20, 2930.10, 2930.16, and 2930.17 of the Revised Code to	2563
receive notice of a pending motion for judicial release or other	2564
early release of the person who committed the offense against the	2565
victim, to make an oral or written statement at the court hearing	2566
on the motion, and to be notified of the court's decision on the	2567
motion, and the right of the victim or representative to receive a	2568
copy of any petition for release of the person submitted to a	2569
court under section 2967.19 of the Revised Code, to provide the	2570
court with written information relevant to the petition, and to be	2571
notified of the court's ruling on the petition;	2572

(9) The right of the victim in certain criminal or juvenile	2573
cases or a victim's representative pursuant to section 2930.16,	2574
2967.12, 2967.26, or 5139.56 of the Revised Code to receive notice	2575
of any pending commutation, pardon, parole, transitional control,	2576
discharge, other form of authorized release, post-release control,	2577
or supervised release for the person who committed the offense	2578
against the victim or any application for release of that person	2579
and to send a written statement relative to the victimization and	2580
the pending action to the adult parole authority or the release	2581
authority of the department of youth services;	2582

(10) The right of the victim to bring a civil action pursuant	2583
to sections 2969.01 to 2969.06 of the Revised Code to obtain money	2584
from the offender's profit fund;	2585

(11) The right, pursuant to section 3109.09 of the Revised	2586
Code, to maintain a civil action to recover compensatory damages	2587
not exceeding ten thousand dollars and costs from the parent of a	2588
minor who willfully damages property through the commission of an	2589
act that would be a theft offense, as defined in section 2913.01	2590
of the Revised Code, if committed by an adult;	2591

(12) The right, pursuant to section 3109.10 of the Revised	2592
Code, to maintain a civil action to recover compensatory damages	2593
not exceeding ten thousand dollars and costs from the parent of a	2594
minor who willfully and maliciously assaults a person;	2595

(13) The possibility of receiving restitution from an	2596
offender or a delinquent child pursuant to section 2152.20,	2597
2929.18, or 2929.28 of the Revised Code;	2598

(14) The right of the victim in certain criminal or juvenile	2599
cases or a victim's representative, pursuant to section 2930.16 of	2600
the Revised Code, to receive notice of the escape from confinement	2601
or custody of the person who committed the offense, to receive	2602
that notice from the custodial agency of the person at the	2603
victim's last address or telephone number provided to the	2604
custodial agency, and to receive notice that, if either the	2605
victim's address or telephone number changes, it is in the	2606
victim's interest to provide the new address or telephone number	2607
to the custodial agency;	2608

(15) The right of a victim of domestic violence to seek the	2609
issuance of a civil protection order pursuant to section 3113.31	2610
of the Revised Code, the right of a victim of a violation of	2611
section 2903.14, 2909.06, 2909.07, 2911.12, 2911.211, or 2919.22	2612
of the Revised Code, a violation of a substantially similar	2613
municipal ordinance, or an offense of violence who is a family or	2614
household member of the offender at the time of the offense to	2615
seek the issuance of a temporary protection order pursuant to	2616
section 2919.26 of the Revised Code, and the right of both types	2617
of victims to be accompanied by a victim advocate during court	2618
proceedings;	2619

(16) The right of a victim of a sexually oriented offense or	2620
of a child-victim oriented offense that is committed by a person	2621
who is convicted of, pleads guilty to, or is adjudicated a	2622
delinquent child for committing the offense and who is in a	2623
category specified in division (B) of section 2950.10 of the	2624
Revised Code to receive, pursuant to that section, notice that the	2625
person has registered with a sheriff under section 2950.04,	2626
2950.041, or 2950.05 of the Revised Code and notice of the	2627
person's name, the person's residence that is registered, and the	2628
offender's school, institution of higher education, or place of	2629
employment address or addresses that are registered, the person's	2630
photograph, and a summary of the manner in which the victim must	2631
make a request to receive the notice. As used in this division,	2632
"sexually oriented offense" and "child-victim oriented offense"	2633
have the same meanings as in section 2950.01 of the Revised Code.	2634

(17) The right of a victim of certain sexually violent	2635
offenses committed by an offender who also is convicted of or	2636
pleads guilty to a sexually violent predator specification and who	2637
is sentenced to a prison term pursuant to division (A)(3) of	2638
section 2971.03 of the Revised Code, of a victim of a violation of	2639
division (A)(1)(b) of section 2907.02 of the Revised Code	2640
committed on or after January 2, 2007, by an offender who is	2641
sentenced for the violation pursuant to division (B)(1)(a), (b),	2642
or (c) of section 2971.03 of the Revised Code, of a victim of an	2643
attempted rape committed on or after January 2, 2007, by an	2644
offender who also is convicted of or pleads guilty to a	2645
specification of the type described in section 2941.1418,	2646
2941.1419, or 2941.1420 of the Revised Code and is sentenced for	2647
the violation pursuant to division (B)(2)(a), (b), or (c) of	2648
section 2971.03 of the Revised Code, and of a victim of an offense	2649
that is described in division (B)(3)(a), (b), (c), or (d) of	2650
section 2971.03 of the Revised Code and is committed by an	2651
offender who is sentenced pursuant to one of those divisions to	2652
receive, pursuant to section 2930.16 of the Revised Code, notice	2653
of a hearing to determine whether to modify the requirement that	2654
the offender serve the entire prison term in a state correctional	2655
facility, whether to continue, revise, or revoke any existing	2656
modification of that requirement, or whether to terminate the	2657
prison term. As used in this division, "sexually violent offense"	2658
and "sexually violent predator specification" have the same	2659
meanings as in section 2971.01 of the Revised Code.	2660

(B)(1)(a) Subject to division (B)(1)(c) of this section, a	2661
prosecuting attorney, assistant prosecuting attorney, city	2662
director of law, assistant city director of law, village	2663
solicitor, assistant village solicitor, or similar chief legal	2664
officer of a municipal corporation or an assistant of any of those	2665
officers who prosecutes an offense committed in this state, upon	2666
first contact with the victim of the offense, the victim's family,	2667
or the victim's dependents, shall give the victim, the victim's	2668
family, or the victim's dependents a copy of the pamphlet prepared	2669
pursuant to division (A) of this section and explain, upon	2670
request, the information in the pamphlet to the victim, the	2671
victim's family, or the victim's dependents.	2672

(b) Subject to division (B)(1)(c) of this section, a law	2673
enforcement agency that investigates an offense or delinquent act	2674
committed in this state shall give the victim of the offense or	2675
delinquent act, the victim's family, or the victim's dependents a	2676
copy of the pamphlet prepared pursuant to division (A) of this	2677
section at one of the following times:	2678

(i) Upon first contact with the victim, the victim's family,	2679
or the victim's dependents;	2680

(ii) If the offense or delinquent act is an offense of	2681
violence, if the circumstances of the offense or delinquent act	2682
and the condition of the victim, the victim's family, or the	2683
victim's dependents indicate that the victim, the victim's family,	2684
or the victim's dependents will not be able to understand the	2685
significance of the pamphlet upon first contact with the agency,	2686
and if the agency anticipates that it will have an additional	2687
contact with the victim, the victim's family, or the victim's	2688
dependents, upon the agency's second contact with the victim, the	2689
victim's family, or the victim's dependents.	2690

If the agency does not give the victim, the victim's family,	2691
or the victim's dependents a copy of the pamphlet upon first	2692
contact with them and does not have a second contact with the	2693
victim, the victim's family, or the victim's dependents, the	2694
agency shall mail a copy of the pamphlet to the victim, the	2695
victim's family, or the victim's dependents at their last known	2696
address.	2697

(c) In complying on and after December 9, 1994, with the	2698
duties imposed by division (B)(1)(a) or (b) of this section, an	2699
official or a law enforcement agency shall use copies of the	2700
pamphlet that are in the official's or agency's possession on	2701
December 9, 1994, until the official or agency has distributed all	2702
of those copies. After the official or agency has distributed all	2703
of those copies, the official or agency shall use only copies of	2704
the pamphlet that contain at least the information described in	2705
divisions (A)(1) to (17) of this section.	2706

(2) The failure of a law enforcement agency or of a	2707
prosecuting attorney, assistant prosecuting attorney, city	2708
director of law, assistant city director of law, village	2709
solicitor, assistant village solicitor, or similar chief legal	2710
officer of a municipal corporation or an assistant to any of those	2711
officers to give, as required by division (B)(1) of this section,	2712
the victim of an offense or delinquent act, the victim's family,	2713
or the victim's dependents a copy of the pamphlet prepared	2714
pursuant to division (A) of this section does not give the victim,	2715
the victim's family, the victim's dependents, or a victim's	2716
representative any rights under section 2743.51 to 2743.72,	2717
2945.04, 2967.12, 2969.01 to 2969.06, 3109.09, or 3109.10 of the	2718
Revised Code or under any other provision of the Revised Code and	2719
does not affect any right under those sections.	2720

(3) A law enforcement agency, a prosecuting attorney or	2721
assistant prosecuting attorney, or a city director of law,	2722
assistant city director of law, village solicitor, assistant	2723
village solicitor, or similar chief legal officer of a municipal	2724
corporation that distributes a copy of the pamphlet prepared	2725
pursuant to division (A) of this section shall not be required to	2726
distribute a copy of an information card or other printed material	2727
provided by the clerk of the court of claims pursuant to section	2728
2743.71 of the Revised Code.	2729

(C) The cost of printing and distributing the pamphlet	2730
prepared pursuant to division (A) of this section shall be paid	2731
out of the reparations fund, created pursuant to section 2743.191	2732
of the Revised Code, in accordance with division (D) of that	2733
section.	2734

(D) As used in this section:

2735

(1) "Victim's representative" has the same meaning as in	2736
section 2930.01 of the Revised Code;	2737

(2) "Victim advocate" has the same meaning as in section	2738
2919.26 of the Revised Code.	2739

Sec. 109.57. (A)(1) The superintendent of the bureau of	2740
criminal identification and investigation shall procure from	2741
wherever procurable and file for record photographs, pictures,	2742
descriptions, fingerprints, measurements, and other information	2743
that may be pertinent of all persons who have been convicted of	2744
committing within this state a felony, any crime constituting a	2745
misdemeanor on the first offense and a felony on subsequent	2746
offenses, or any misdemeanor described in division (A)(1)(a),	2747
(A)(8)(a), or (A)(10)(a) of section 109.572 of the Revised Code,	2748
of all children under eighteen years of age who have been	2749
adjudicated delinquent children for committing within this state	2750
an act that would be a felony or an offense of violence if	2751
committed by an adult or who have been convicted of or pleaded	2752
guilty to committing within this state a felony or an offense of	2753
violence, and of all well-known and habitual criminals. The person	2754
in charge of any county, multicounty, municipal, municipal-county,	2755
or multicounty-municipal jail or workhouse, community-based	2756
correctional facility, halfway house, alternative residential	2757
facility, or state correctional institution and the person in	2758
charge of any state institution having custody of a person	2759
suspected of having committed a felony, any crime constituting a	2760
misdemeanor on the first offense and a felony on subsequent	2761
offenses, or any misdemeanor described in division (A)(1)(a),	2762
(A)(8)(a), or (A)(10)(a) of section 109.572 of the Revised Code or	2763
having custody of a child under eighteen years of age with respect	2764
to whom there is probable cause to believe that the child may have	2765
committed an act that would be a felony or an offense of violence	2766
if committed by an adult shall furnish such material to the	2767
superintendent of the bureau. Fingerprints, photographs, or other	2768
descriptive information of a child who is under eighteen years of	2769
age, has not been arrested or otherwise taken into custody for	2770
committing an act that would be a felony or an offense of violence	2771
who is not in any other category of child specified in this	2772
division, if committed by an adult, has not been adjudicated a	2773
delinquent child for committing an act that would be a felony or	2774
an offense of violence if committed by an adult, has not been	2775
convicted of or pleaded guilty to committing a felony or an	2776
offense of violence, and is not a child with respect to whom there	2777
is probable cause to believe that the child may have committed an	2778
act that would be a felony or an offense of violence if committed	2779
by an adult shall not be procured by the superintendent or	2780
furnished by any person in charge of any county, multicounty,	2781
municipal, municipal-county, or multicounty-municipal jail or	2782
workhouse, community-based correctional facility, halfway house,	2783
alternative residential facility, or state correctional	2784
institution, except as authorized in section 2151.313 of the	2785
Revised Code.	2786

(2) Every clerk of a court of record in this state, other	2787
than the supreme court or a court of appeals, shall send to the	2788
superintendent of the bureau a weekly report containing a summary	2789
of each case involving a felony, involving any crime constituting	2790
a misdemeanor on the first offense and a felony on subsequent	2791
offenses, involving a misdemeanor described in division (A)(1)(a),	2792
(A)(8)(a), or (A)(10)(a) of section 109.572 of the Revised Code,	2793
or involving an adjudication in a case in which a child under	2794
eighteen years of age was alleged to be a delinquent child for	2795
committing an act that would be a felony or an offense of violence	2796
if committed by an adult. The clerk of the court of common pleas	2797
shall include in the report and summary the clerk sends under this	2798
division all information described in divisions (A)(2)(a) to (f)	2799
of this section regarding a case before the court of appeals that	2800
is served by that clerk. The summary shall be written on the	2801
standard forms furnished by the superintendent pursuant to	2802
division (B) of this section and shall include the following	2803
information:	2804

(a) The incident tracking number contained on the standard	2805
forms furnished by the superintendent pursuant to division (B) of	2806
this section;	2807

(b) The style and number of the case;

2808

2809

(d) The date that the person was convicted of or pleaded	2810
guilty to the offense, adjudicated a delinquent child for	2811
committing the act that would be a felony or an offense of	2812
violence if committed by an adult, found not guilty of the	2813
offense, or found not to be a delinquent child for committing an	2814
act that would be a felony or an offense of violence if committed	2815
by an adult, the date of an entry dismissing the charge, an entry	2816
declaring a mistrial of the offense in which the person is	2817
discharged, an entry finding that the person or child is not	2818
competent to stand trial, or an entry of a nolle prosequi, or the	2819
date of any other determination that constitutes final resolution	2820
of the case;	2821

(e) A statement of the original charge with the section of	2822
the Revised Code that was alleged to be violated;	2823

(f) If the person or child was convicted, pleaded guilty, or	2824
was adjudicated a delinquent child, the sentence or terms of	2825
probation imposed or any other disposition of the offender or the	2826
delinquent child.	2827

If the offense involved the disarming of a law enforcement	2828
officer or an attempt to disarm a law enforcement officer, the	2829
clerk shall clearly state that fact in the summary, and the	2830
superintendent shall ensure that a clear statement of that fact is	2831
placed in the bureau's records.	2832

(3) The superintendent shall cooperate with and assist	2833
sheriffs, chiefs of police, and other law enforcement officers in	2834
the establishment of a complete system of criminal identification	2835
and in obtaining fingerprints and other means of identification of	2836
all persons arrested on a charge of a felony, any crime	2837
constituting a misdemeanor on the first offense and a felony on	2838
subsequent offenses, or a misdemeanor described in division	2839
(A)(1)(a), (A)(8)(a), or (A)(10)(a) of section 109.572 of the	2840
Revised Code and of all children under eighteen years of age	2841
arrested or otherwise taken into custody for committing an act	2842
that would be a felony or an offense of violence if committed by	2843
an adult. The superintendent also shall file for record the	2844
fingerprint impressions of all persons confined in a county,	2845
multicounty, municipal, municipal-county, or multicounty-municipal	2846
jail or workhouse, community-based correctional facility, halfway	2847
house, alternative residential facility, or state correctional	2848
institution for the violation of state laws and of all children	2849
under eighteen years of age who are confined in a county,	2850
multicounty, municipal, municipal-county, or multicounty-municipal	2851
jail or workhouse, community-based correctional facility, halfway	2852
house, alternative residential facility, or state correctional	2853
institution or in any facility for delinquent children for	2854
committing an act that would be a felony or an offense of violence	2855
if committed by an adult, and any other information that the	2856
superintendent may receive from law enforcement officials of the	2857
state and its political subdivisions.	2858

(4) The superintendent shall carry out Chapter 2950. of the	2859
Revised Code with respect to the registration of persons who are	2860
convicted of or plead guilty to a sexually oriented offense or a	2861
child-victim oriented offense and with respect to all other duties	2862
imposed on the bureau under that chapter.	2863

(5) The bureau shall perform centralized recordkeeping	2864
functions for criminal history records and services in this state	2865
for purposes of the national crime prevention and privacy compact	2866
set forth in section 109.571 of the Revised Code and is the	2867
criminal history record repository as defined in that section for	2868
purposes of that compact. The superintendent or the	2869
superintendent's designee is the compact officer for purposes of	2870
that compact and shall carry out the responsibilities of the	2871
compact officer specified in that compact.	2872

(B) The superintendent shall prepare and furnish to every	2873
county, multicounty, municipal, municipal-county, or	2874
multicounty-municipal jail or workhouse, community-based	2875
correctional facility, halfway house, alternative residential	2876
facility, or state correctional institution and to every clerk of	2877
a court in this state specified in division (A)(2) of this section	2878
standard forms for reporting the information required under	2879
division (A) of this section. The standard forms that the	2880
superintendent prepares pursuant to this division may be in a	2881
tangible format, in an electronic format, or in both tangible	2882
formats and electronic formats.	2883

(C)(1) The superintendent may operate a center for	2884
electronic, automated, or other data processing for the storage	2885
and retrieval of information, data, and statistics pertaining to	2886
criminals and to children under eighteen years of age who are	2887
adjudicated delinquent children for committing an act that would	2888
be a felony or an offense of violence if committed by an adult,	2889
criminal activity, crime prevention, law enforcement, and criminal	2890
justice, and may establish and operate a statewide communications	2891
network to be known as the Ohio law enforcement gateway to gather	2892
and disseminate information, data, and statistics for the use of	2893
law enforcement agencies and for other uses specified in this	2894
division. The superintendent may gather, store, retrieve, and	2895
disseminate information, data, and statistics that pertain to	2896
children who are under eighteen years of age and that are gathered	2897
pursuant to sections 109.57 to 109.61 of the Revised Code together	2898
with information, data, and statistics that pertain to adults and	2899
that are gathered pursuant to those sections.	2900

(2) The superintendent or the superintendent's designee shall	2901
gather information of the nature described in division (C)(1) of	2902
this section that pertains to the offense and delinquency history	2903
of a person who has been convicted of, pleaded guilty to, or been	2904
adjudicated a delinquent child for committing a sexually oriented	2905
offense or a child-victim oriented offense for inclusion in the	2906
state registry of sex offenders and child-victim offenders	2907
maintained pursuant to division (A)(1) of section 2950.13 of the	2908
Revised Code and in the internet database operated pursuant to	2909
division (A)(13) of that section and for possible inclusion in the	2910
internet database operated pursuant to division (A)(11) of that	2911
section.	2912

(3) In addition to any other authorized use of information,	2913
data, and statistics of the nature described in division (C)(1) of	2914
this section, the superintendent or the superintendent's designee	2915
may provide and exchange the information, data, and statistics	2916
pursuant to the national crime prevention and privacy compact as	2917
described in division (A)(5) of this section.	2918

(4) The attorney general may adopt rules under Chapter 119.	2919
of the Revised Code establishing guidelines for the operation of	2920
and participation in the Ohio law enforcement gateway. The rules	2921
may include criteria for granting and restricting access to	2922
information gathered and disseminated through the Ohio law	2923
enforcement gateway. The attorney general may appoint a steering	2924
committee to advise the attorney general in the operation of the	2925
Ohio law enforcement gateway that is comprised of persons who are	2926
representatives of the criminal justice agencies in this state	2927
that use the Ohio law enforcement gateway and is chaired by the	2928
superintendent or the superintendent's designee.	2929

(D)(1) The following are not public records under section	2930
149.43 of the Revised Code:	2931

(a) Information and materials furnished to the superintendent	2932
pursuant to division (A) of this section;	2933

(b) Information, data, and statistics gathered or	2934
disseminated through the Ohio law enforcement gateway pursuant to	2935
division (C)(1) of this section;	2936

(c) Information and materials furnished to any board or	2937
person under division (F) or (G) of this section.	2938

(2) The superintendent or the superintendent's designee shall	2939
gather and retain information so furnished under division (A) of	2940
this section that pertains to the offense and delinquency history	2941
of a person who has been convicted of, pleaded guilty to, or been	2942
adjudicated a delinquent child for committing a sexually oriented	2943
offense or a child-victim oriented offense for the purposes	2944
described in division (C)(2) of this section.	2945

(E) The attorney general shall adopt rules, in accordance	2946
with Chapter 119. of the Revised Code, setting forth the procedure	2947
by which a person may receive or release information gathered by	2948
the superintendent pursuant to division (A) of this section. A	2949
reasonable fee may be charged for this service. If a temporary	2950
employment service submits a request for a determination of	2951
whether a person the service plans to refer to an employment	2952
position has been convicted of or pleaded guilty to an offense	2953
listed in division (A)(1), (3), (4), (5), or (6) of section	2954
109.572 of the Revised Code, the request shall be treated as a	2955
single request and only one fee shall be charged.	2956

(F)(1) As used in division (F)(2) of this section, "head	2957
start agency" means an entity in this state that has been approved	2958
to be an agency for purposes of subchapter II of the "Community	2959
Economic Development Act," 95 Stat. 489 (1981), 42 U.S.C.A. 9831,	2960
as amended.	2961

(2)(a) In addition to or in conjunction with any request that	2962
is required to be made under section 109.572, 2151.86, 3301.32,	2963
3301.541, 3319.39, 3319.391, 3327.10, 3701.881, 5104.012,	2964
5104.013, 5123.081, 5126.28, 5126.281, or 5153.111 of the Revised	2965
Code or that is made under section 3314.41, 3319.392, or 3326.25,	2966
or 3328.20 of the Revised Code, the board of education of any	2967
school district; the director of developmental disabilities; any	2968
county board of developmental disabilities; any entity under	2969
contract with a county board of developmental disabilities; the	2970
chief administrator of any chartered nonpublic school; the chief	2971
administrator of any home health agency; the chief administrator	2972
of or person operating any child day-care center, type A family	2973
day-care home, or type B family day-care home licensed or	2974
certified under Chapter 5104. of the Revised Code; the	2975
administrator of any type C family day-care home certified	2976
pursuant to Section 1 of Sub. H.B. 62 of the 121st general	2977
assembly or Section 5 of Am. Sub. S.B. 160 of the 121st general	2978
assembly; the chief administrator of any head start agency; the	2979
executive director of a public children services agency; a private	2980
company described in section 3314.41, 3319.392, or 3326.25, or	2981
3328.20 of the Revised Code; or an employer described in division	2982
(J)(2) of section 3327.10 of the Revised Code may request that the	2983
superintendent of the bureau investigate and determine, with	2984
respect to any individual who has applied for employment in any	2985
position after October 2, 1989, or any individual wishing to apply	2986
for employment with a board of education may request, with regard	2987
to the individual, whether the bureau has any information gathered	2988
under division (A) of this section that pertains to that	2989
individual. On receipt of the request, the superintendent shall	2990
determine whether that information exists and, upon request of the	2991
person, board, or entity requesting information, also shall	2992
request from the federal bureau of investigation any criminal	2993
records it has pertaining to that individual. The superintendent	2994
or the superintendent's designee also may request criminal history	2995
records from other states or the federal government pursuant to	2996
the national crime prevention and privacy compact set forth in	2997
section 109.571 of the Revised Code. Within thirty days of the	2998
date that the superintendent receives a request, the	2999
superintendent shall send to the board, entity, or person a report	3000
of any information that the superintendent determines exists,	3001
including information contained in records that have been sealed	3002
under section 2953.32 of the Revised Code, and, within thirty days	3003
of its receipt, shall send the board, entity, or person a report	3004
of any information received from the federal bureau of	3005
investigation, other than information the dissemination of which	3006
is prohibited by federal law.	3007

(b) When a board of education is required to receive	3008
information under this section as a prerequisite to employment of	3009
an individual pursuant to section 3319.39 of the Revised Code, it	3010
may accept a certified copy of records that were issued by the	3011
bureau of criminal identification and investigation and that are	3012
presented by an individual applying for employment with the	3013
district in lieu of requesting that information itself. In such a	3014
case, the board shall accept the certified copy issued by the	3015
bureau in order to make a photocopy of it for that individual's	3016
employment application documents and shall return the certified	3017
copy to the individual. In a case of that nature, a district only	3018
shall accept a certified copy of records of that nature within one	3019
year after the date of their issuance by the bureau.	3020

(c) Notwithstanding division (F)(2)(a) of this section, in	3021
the case of a request under section 3319.39, 3319.391, or 3327.10	3022
of the Revised Code only for criminal records maintained by the	3023
federal bureau of investigation, the superintendent shall not	3024
determine whether any information gathered under division (A) of	3025
this section exists on the person for whom the request is made.	3026

(3) The state board of education may request, with respect to	3027
any individual who has applied for employment after October 2,	3028
1989, in any position with the state board or the department of	3029
education, any information that a school district board of	3030
education is authorized to request under division (F)(2) of this	3031
section, and the superintendent of the bureau shall proceed as if	3032
the request has been received from a school district board of	3033
education under division (F)(2) of this section.	3034

(4) When the superintendent of the bureau receives a request	3035
for information under section 3319.291 of the Revised Code, the	3036
superintendent shall proceed as if the request has been received	3037
from a school district board of education and shall comply with	3038
divisions (F)(2)(a) and (c) of this section.	3039

(5) When a recipient of a classroom reading improvement grant	3040
paid under section 3301.86 of the Revised Code requests, with	3041
respect to any individual who applies to participate in providing	3042
any program or service funded in whole or in part by the grant,	3043
the information that a school district board of education is	3044
authorized to request under division (F)(2)(a) of this section,	3045
the superintendent of the bureau shall proceed as if the request	3046
has been received from a school district board of education under	3047
division (F)(2)(a) of this section.	3048

(G) In addition to or in conjunction with any request that is	3049
required to be made under section 3701.881, 3712.09, 3721.121, or	3050
~~3722.151~~5119.85 of the Revised Code with respect to an individual	3051
who has applied for employment in a position that involves	3052
providing direct care to an older adult, the chief administrator	3053
of a home health agency, hospice care program, home licensed under	3054
Chapter 3721. of the Revised Code, adult day-care program operated	3055
pursuant to rules adopted under section 3721.04 of the Revised	3056
Code, or adult care facility may request that the superintendent	3057
of the bureau investigate and determine, with respect to any	3058
individual who has applied after January 27, 1997, for employment	3059
in a position that does not involve providing direct care to an	3060
older adult, whether the bureau has any information gathered under	3061
division (A) of this section that pertains to that individual.	3062

In addition to or in conjunction with any request that is	3063
required to be made under section 173.27 of the Revised Code with	3064
respect to an individual who has applied for employment in a	3065
position that involves providing ombudsperson services to	3066
residents of long-term care facilities or recipients of	3067
community-based long-term care services, the state long-term care	3068
ombudsperson, ombudsperson's designee, or director of health may	3069
request that the superintendent investigate and determine, with	3070
respect to any individual who has applied for employment in a	3071
position that does not involve providing such ombudsperson	3072
services, whether the bureau has any information gathered under	3073
division (A) of this section that pertains to that applicant.	3074

In addition to or in conjunction with any request that is	3075
required to be made under section 173.394 of the Revised Code with	3076
respect to an individual who has applied for employment in a	3077
position that involves providing direct care to an individual, the	3078
chief administrator of a community-based long-term care agency may	3079
request that the superintendent investigate and determine, with	3080
respect to any individual who has applied for employment in a	3081
position that does not involve providing direct care, whether the	3082
bureau has any information gathered under division (A) of this	3083
section that pertains to that applicant.	3084

On receipt of a request under this division, the	3085
superintendent shall determine whether that information exists	3086
and, on request of the individual requesting information, shall	3087
also request from the federal bureau of investigation any criminal	3088
records it has pertaining to the applicant. The superintendent or	3089
the superintendent's designee also may request criminal history	3090
records from other states or the federal government pursuant to	3091
the national crime prevention and privacy compact set forth in	3092
section 109.571 of the Revised Code. Within thirty days of the	3093
date a request is received, the superintendent shall send to the	3094
requester a report of any information determined to exist,	3095
including information contained in records that have been sealed	3096
under section 2953.32 of the Revised Code, and, within thirty days	3097
of its receipt, shall send the requester a report of any	3098
information received from the federal bureau of investigation,	3099
other than information the dissemination of which is prohibited by	3100
federal law.	3101

(H) Information obtained by a government entity or person	3102
under this section is confidential and shall not be released or	3103
disseminated.	3104

(I) The superintendent may charge a reasonable fee for	3105
providing information or criminal records under division (F)(2) or	3106
(G) of this section.	3107

(J) As used in this section, "sexually oriented offense" and	3108
"child-victim oriented offense" have the same meanings as in	3109
section 2950.01 of the Revised Code.	3110

Sec. 109.572. (A)(1) Upon receipt of a request pursuant to	3111
section 121.08, 3301.32, 3301.541, or 3319.39 of the Revised Code,	3112
a completed form prescribed pursuant to division (C)(1) of this	3113
section, and a set of fingerprint impressions obtained in the	3114
manner described in division (C)(2) of this section, the	3115
superintendent of the bureau of criminal identification and	3116
investigation shall conduct a criminal records check in the manner	3117
described in division (B) of this section to determine whether any	3118
information exists that indicates that the person who is the	3119
subject of the request previously has been convicted of or pleaded	3120
guilty to any of the following:	3121

(a) A violation of section 2903.01, 2903.02, 2903.03,	3122
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	3123
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	3124
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	3125
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01,	3126
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25,	3127
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,	3128
2925.06, or 3716.11 of the Revised Code, felonious sexual	3129
penetration in violation of former section 2907.12 of the Revised	3130
Code, a violation of section 2905.04 of the Revised Code as it	3131
existed prior to July 1, 1996, a violation of section 2919.23 of	3132
the Revised Code that would have been a violation of section	3133
2905.04 of the Revised Code as it existed prior to July 1, 1996,	3134
had the violation been committed prior to that date, or a	3135
violation of section 2925.11 of the Revised Code that is not a	3136
minor drug possession offense;	3137

(b) A violation of an existing or former law of this state,	3138
any other state, or the United States that is substantially	3139
equivalent to any of the offenses listed in division (A)(1)(a) of	3140
this section.	3141

(2) On receipt of a request pursuant to section 5123.081 of	3142
the Revised Code with respect to an applicant for employment in	3143
any position with the department of developmental disabilities,	3144
pursuant to section 5126.28 of the Revised Code with respect to an	3145
applicant for employment in any position with a county board of	3146
developmental disabilities, or pursuant to section 5126.281 of the	3147
Revised Code with respect to an applicant for employment in a	3148
direct services position with an entity contracting with a county	3149
board for employment, a completed form prescribed pursuant to	3150
division (C)(1) of this section, and a set of fingerprint	3151
impressions obtained in the manner described in division (C)(2) of	3152
this section, the superintendent of the bureau of criminal	3153
identification and investigation shall conduct a criminal records	3154
check. The superintendent shall conduct the criminal records check	3155
in the manner described in division (B) of this section to	3156
determine whether any information exists that indicates that the	3157
person who is the subject of the request has been convicted of or	3158
pleaded guilty to any of the following:	3159

(a) A violation of section 2903.01, 2903.02, 2903.03,	3160
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	3161
2903.341, 2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03,	3162
2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12,	3163
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,	3164
2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12,	3165
2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02,	3166
2925.03, or 3716.11 of the Revised Code;	3167

(b) An existing or former municipal ordinance or law of this	3168
state, any other state, or the United States that is substantially	3169
equivalent to any of the offenses listed in division (A)(2)(a) of	3170
this section.	3171

(3) On receipt of a request pursuant to section 173.27,	3172
173.394, 3712.09, 3721.121, or ~~3722.151~~5119.85 of the Revised	3173
Code, a completed form prescribed pursuant to division (C)(1) of	3174
this section, and a set of fingerprint impressions obtained in the	3175
manner described in division (C)(2) of this section, the	3176
superintendent of the bureau of criminal identification and	3177
investigation shall conduct a criminal records check with respect	3178
to any person who has applied for employment in a position for	3179
which a criminal records check is required by those sections. The	3180
superintendent shall conduct the criminal records check in the	3181
manner described in division (B) of this section to determine	3182
whether any information exists that indicates that the person who	3183
is the subject of the request previously has been convicted of or	3184
pleaded guilty to any of the following:	3185

(a) A violation of section 2903.01, 2903.02, 2903.03,	3186
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	3187
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	3188
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	3189
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	3190
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	3191
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	3192
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	3193
2925.22, 2925.23, or 3716.11 of the Revised Code;	3194

(b) An existing or former law of this state, any other state,	3195
or the United States that is substantially equivalent to any of	3196
the offenses listed in division (A)(3)(a) of this section.	3197

(4) On receipt of a request pursuant to section 3701.881 of	3198
the Revised Code with respect to an applicant for employment with	3199
a home health agency as a person responsible for the care,	3200
custody, or control of a child, a completed form prescribed	3201
pursuant to division (C)(1) of this section, and a set of	3202
fingerprint impressions obtained in the manner described in	3203
division (C)(2) of this section, the superintendent of the bureau	3204
of criminal identification and investigation shall conduct a	3205
criminal records check. The superintendent shall conduct the	3206
criminal records check in the manner described in division (B) of	3207
this section to determine whether any information exists that	3208
indicates that the person who is the subject of the request	3209
previously has been convicted of or pleaded guilty to any of the	3210
following:	3211

(a) A violation of section 2903.01, 2903.02, 2903.03,	3212
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	3213
2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04,	3214
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21,	3215
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322,	3216
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	3217
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,	3218
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code or a	3219
violation of section 2925.11 of the Revised Code that is not a	3220
minor drug possession offense;	3221

(b) An existing or former law of this state, any other state,	3222
or the United States that is substantially equivalent to any of	3223
the offenses listed in division (A)(4)(a) of this section.	3224

(5) On receipt of a request pursuant to section 5111.032,	3225
5111.033, or 5111.034 of the Revised Code, a completed form	3226
prescribed pursuant to division (C)(1) of this section, and a set	3227
of fingerprint impressions obtained in the manner described in	3228
division (C)(2) of this section, the superintendent of the bureau	3229
of criminal identification and investigation shall conduct a	3230
criminal records check. The superintendent shall conduct the	3231
criminal records check in the manner described in division (B) of	3232
this section to determine whether any information exists that	3233
indicates that the person who is the subject of the request	3234
previously has been convicted of, has pleaded guilty to, or has	3235
been found eligible for intervention in lieu of conviction for any	3236
of the following, regardless of the date of the conviction, the	3237
date of entry of the guilty plea, or the date the person was found	3238
eligible for intervention in lieu of conviction:	3239

(a) A violation of section 959.13, 2903.01, 2903.02, 2903.03,	3240
2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16,	3241
2903.21, 2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05,	3242
2905.11, 2905.12, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06,	3243
2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2907.24,	3244
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,	3245
2909.03, 2909.04, 2909.05, 2909.22, 2909.23, 2909.24, 2911.01,	3246
2911.02, 2911.11, 2911.12, 2911.13, 2913.02, 2913.03, 2913.04,	3247
2913.05, 2913.11, 2913.21, 2913.31, 2913.32, 2913.40, 2913.41,	3248
2913.42, 2913.43, 2913.44, 2913.441, 2913.45, 2913.46, 2913.47,	3249
2913.48, 2913.49, 2913.51, 2917.01, 2917.02, 2917.03, 2917.11,	3250
2917.31, 2919.12, 2919.22, 2919.23, 2919.24, 2919.25, 2921.03,	3251
2921.11, 2921.13, 2921.34, 2921.35, 2921.36, 2923.01, 2923.02,	3252
2923.03, 2923.12, 2923.13, 2923.161, 2923.32, 2925.02, 2925.03,	3253
2925.04, 2925.05, 2925.06, 2925.11, 2925.13, 2925.14, 2925.22,	3254
2925.23, 2927.12, or 3716.11 of the Revised Code, felonious sexual	3255
penetration in violation of former section 2907.12 of the Revised	3256
Code, a violation of section 2905.04 of the Revised Code as it	3257
existed prior to July 1, 1996, a violation of section 2919.23 of	3258
the Revised Code that would have been a violation of section	3259
2905.04 of the Revised Code as it existed prior to July 1, 1996,	3260
had the violation been committed prior to that date;	3261

(b) A violation of an existing or former municipal ordinance	3262
or law of this state, any other state, or the United States that	3263
is substantially equivalent to any of the offenses listed in	3264
division (A)(5)(a) of this section.	3265

(6) On receipt of a request pursuant to section 3701.881 of	3266
the Revised Code with respect to an applicant for employment with	3267
a home health agency in a position that involves providing direct	3268
care to an older adult, a completed form prescribed pursuant to	3269
division (C)(1) of this section, and a set of fingerprint	3270
impressions obtained in the manner described in division (C)(2) of	3271
this section, the superintendent of the bureau of criminal	3272
identification and investigation shall conduct a criminal records	3273
check. The superintendent shall conduct the criminal records check	3274
in the manner described in division (B) of this section to	3275
determine whether any information exists that indicates that the	3276
person who is the subject of the request previously has been	3277
convicted of or pleaded guilty to any of the following:	3278

(a) A violation of section 2903.01, 2903.02, 2903.03,	3279
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	3280
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	3281
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	3282
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	3283
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	3284
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	3285
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	3286
2925.22, 2925.23, or 3716.11 of the Revised Code;	3287

(b) An existing or former law of this state, any other state,	3288
or the United States that is substantially equivalent to any of	3289
the offenses listed in division (A)(6)(a) of this section.	3290

(7) When conducting a criminal records check upon a request	3291
pursuant to section 3319.39 of the Revised Code for an applicant	3292
who is a teacher, in addition to the determination made under	3293
division (A)(1) of this section, the superintendent shall	3294
determine whether any information exists that indicates that the	3295
person who is the subject of the request previously has been	3296
convicted of or pleaded guilty to any offense specified in section	3297
3319.31 of the Revised Code.	3298

(8) On receipt of a request pursuant to section 2151.86 of	3299
the Revised Code, a completed form prescribed pursuant to division	3300
(C)(1) of this section, and a set of fingerprint impressions	3301
obtained in the manner described in division (C)(2) of this	3302
section, the superintendent of the bureau of criminal	3303
identification and investigation shall conduct a criminal records	3304
check in the manner described in division (B) of this section to	3305
determine whether any information exists that indicates that the	3306
person who is the subject of the request previously has been	3307
convicted of or pleaded guilty to any of the following:	3308

(a) A violation of section 959.13, 2903.01, 2903.02, 2903.03,	3309
2903.04, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16, 2903.21,	3310
2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05, 2907.02,	3311
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,	3312
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,	3313
2907.322, 2907.323, 2909.02, 2909.03, 2909.22, 2909.23, 2909.24,	3314
2911.01, 2911.02, 2911.11, 2911.12, 2913.49, 2917.01, 2917.02,	3315
2919.12, 2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161,	3316
2925.02, 2925.03, 2925.04, 2925.05, 2925.06, 2927.12, or 3716.11	3317
of the Revised Code, a violation of section 2905.04 of the Revised	3318
Code as it existed prior to July 1, 1996, a violation of section	3319
2919.23 of the Revised Code that would have been a violation of	3320
section 2905.04 of the Revised Code as it existed prior to July 1,	3321
1996, had the violation been committed prior to that date, a	3322
violation of section 2925.11 of the Revised Code that is not a	3323
minor drug possession offense, two or more OVI or OVUAC violations	3324
committed within the three years immediately preceding the	3325
submission of the application or petition that is the basis of the	3326
request, or felonious sexual penetration in violation of former	3327
section 2907.12 of the Revised Code;	3328

(b) A violation of an existing or former law of this state,	3329
any other state, or the United States that is substantially	3330
equivalent to any of the offenses listed in division (A)(8)(a) of	3331
this section.	3332

(9) Upon receipt of a request pursuant to section 5104.012 or	3333
5104.013 of the Revised Code, a completed form prescribed pursuant	3334
to division (C)(1) of this section, and a set of fingerprint	3335
impressions obtained in the manner described in division (C)(2) of	3336
this section, the superintendent of the bureau of criminal	3337
identification and investigation shall conduct a criminal records	3338
check in the manner described in division (B) of this section to	3339
determine whether any information exists that indicates that the	3340
person who is the subject of the request has been convicted of or	3341
pleaded guilty to any of the following:	3342

(a) A violation of section 2903.01, 2903.02, 2903.03,	3343
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.22,	3344
2903.34, 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04,	3345
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22,	3346
2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323,	3347
2911.01, 2911.02, 2911.11, 2911.12, 2913.02, 2913.03, 2913.04,	3348
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32,	3349
2913.33, 2913.34, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44,	3350
2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2919.12,	3351
2919.22, 2919.24, 2919.25, 2921.11, 2921.13, 2923.01, 2923.12,	3352
2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, or	3353
3716.11 of the Revised Code, felonious sexual penetration in	3354
violation of former section 2907.12 of the Revised Code, a	3355
violation of section 2905.04 of the Revised Code as it existed	3356
prior to July 1, 1996, a violation of section 2919.23 of the	3357
Revised Code that would have been a violation of section 2905.04	3358
of the Revised Code as it existed prior to July 1, 1996, had the	3359
violation been committed prior to that date, a violation of	3360
section 2925.11 of the Revised Code that is not a minor drug	3361
possession offense, a violation of section 2923.02 or 2923.03 of	3362
the Revised Code that relates to a crime specified in this	3363
division, or a second violation of section 4511.19 of the Revised	3364
Code within five years of the date of application for licensure or	3365
certification.	3366

(b) A violation of an existing or former law of this state,	3367
any other state, or the United States that is substantially	3368
equivalent to any of the offenses or violations described in	3369
division (A)(9)(a) of this section.	3370

(10) Upon receipt of a request pursuant to section 5153.111	3371
of the Revised Code, a completed form prescribed pursuant to	3372
division (C)(1) of this section, and a set of fingerprint	3373
impressions obtained in the manner described in division (C)(2) of	3374
this section, the superintendent of the bureau of criminal	3375
identification and investigation shall conduct a criminal records	3376
check in the manner described in division (B) of this section to	3377
determine whether any information exists that indicates that the	3378
person who is the subject of the request previously has been	3379
convicted of or pleaded guilty to any of the following:	3380

(a) A violation of section 2903.01, 2903.02, 2903.03,	3381
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	3382
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	3383
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	3384
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,	3385
2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	3386
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,	3387
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code,	3388
felonious sexual penetration in violation of former section	3389
2907.12 of the Revised Code, a violation of section 2905.04 of the	3390
Revised Code as it existed prior to July 1, 1996, a violation of	3391
section 2919.23 of the Revised Code that would have been a	3392
violation of section 2905.04 of the Revised Code as it existed	3393
prior to July 1, 1996, had the violation been committed prior to	3394
that date, or a violation of section 2925.11 of the Revised Code	3395
that is not a minor drug possession offense;	3396

(b) A violation of an existing or former law of this state,	3397
any other state, or the United States that is substantially	3398
equivalent to any of the offenses listed in division (A)(10)(a) of	3399
this section.	3400

(11) On receipt of a request for a criminal records check	3401
from an individual pursuant to section 4749.03 or 4749.06 of the	3402
Revised Code, accompanied by a completed copy of the form	3403
prescribed in division (C)(1) of this section and a set of	3404
fingerprint impressions obtained in a manner described in division	3405
(C)(2) of this section, the superintendent of the bureau of	3406
criminal identification and investigation shall conduct a criminal	3407
records check in the manner described in division (B) of this	3408
section to determine whether any information exists indicating	3409
that the person who is the subject of the request has been	3410
convicted of or pleaded guilty to a felony in this state or in any	3411
other state. If the individual indicates that a firearm will be	3412
carried in the course of business, the superintendent shall	3413
require information from the federal bureau of investigation as	3414
described in division (B)(2) of this section. The superintendent	3415
shall report the findings of the criminal records check and any	3416
information the federal bureau of investigation provides to the	3417
director of public safety.	3418

(12) On receipt of a request pursuant to section 1321.37,	3419
1321.53, 1321.531, 1322.03, 1322.031, or 4763.05 of the Revised	3420
Code, a completed form prescribed pursuant to division (C)(1) of	3421
this section, and a set of fingerprint impressions obtained in the	3422
manner described in division (C)(2) of this section, the	3423
superintendent of the bureau of criminal identification and	3424
investigation shall conduct a criminal records check with respect	3425
to any person who has applied for a license, permit, or	3426
certification from the department of commerce or a division in the	3427
department. The superintendent shall conduct the criminal records	3428
check in the manner described in division (B) of this section to	3429
determine whether any information exists that indicates that the	3430
person who is the subject of the request previously has been	3431
convicted of or pleaded guilty to any of the following: a	3432
violation of section 2913.02, 2913.11, 2913.31, 2913.51, or	3433
2925.03 of the Revised Code; any other criminal offense involving	3434
theft, receiving stolen property, embezzlement, forgery, fraud,	3435
passing bad checks, money laundering, or drug trafficking, or any	3436
criminal offense involving money or securities, as set forth in	3437
Chapters 2909., 2911., 2913., 2915., 2921., 2923., and 2925. of	3438
the Revised Code; or any existing or former law of this state, any	3439
other state, or the United States that is substantially equivalent	3440
to those offenses.	3441

(13) On receipt of a request for a criminal records check	3442
from the treasurer of state under section 113.041 of the Revised	3443
Code or from an individual under section 4701.08, 4715.101,	3444
4717.061, 4725.121, 4725.501, 4729.071, 4730.101, 4730.14,	3445
4730.28, 4731.081, 4731.15, 4731.171, 4731.222, 4731.281,	3446
4731.296, 4731.531, 4732.091, 4734.202, 4740.061, 4741.10,	3447
4755.70, 4757.101, 4759.061, 4760.032, 4760.06, 4761.051,	3448
4762.031, 4762.06, or 4779.091 of the Revised Code, accompanied by	3449
a completed form prescribed under division (C)(1) of this section	3450
and a set of fingerprint impressions obtained in the manner	3451
described in division (C)(2) of this section, the superintendent	3452
of the bureau of criminal identification and investigation shall	3453
conduct a criminal records check in the manner described in	3454
division (B) of this section to determine whether any information	3455
exists that indicates that the person who is the subject of the	3456
request has been convicted of or pleaded guilty to any criminal	3457
offense in this state or any other state. The superintendent shall	3458
send the results of a check requested under section 113.041 of the	3459
Revised Code to the treasurer of state and shall send the results	3460
of a check requested under any of the other listed sections to the	3461
licensing board specified by the individual in the request.	3462

(14) On receipt of a request pursuant to section 1121.23,	3463
1155.03, 1163.05, 1315.141, 1733.47, or 1761.26 of the Revised	3464
Code, a completed form prescribed pursuant to division (C)(1) of	3465
this section, and a set of fingerprint impressions obtained in the	3466
manner described in division (C)(2) of this section, the	3467
superintendent of the bureau of criminal identification and	3468
investigation shall conduct a criminal records check in the manner	3469
described in division (B) of this section to determine whether any	3470
information exists that indicates that the person who is the	3471
subject of the request previously has been convicted of or pleaded	3472
guilty to any criminal offense under any existing or former law of	3473
this state, any other state, or the United States.	3474

(15) On receipt of a request for a criminal records check	3475
from an appointing or licensing authority under section 3772.07 of	3476
the Revised Code, a completed form prescribed under division	3477
(C)(1) of this section, and a set of fingerprint impressions	3478
obtained in the manner prescribed in division (C)(2) of this	3479
section, the superintendent of the bureau of criminal	3480
identification and investigation shall conduct a criminal records	3481
check in the manner described in division (B) of this section to	3482
determine whether any information exists that indicates that the	3483
person who is the subject of the request previously has been	3484
convicted of or pleaded guilty or no contest to any offense under	3485
any existing or former law of this state, any other state, or the	3486
United States that is a disqualifying offense as defined in	3487
section 3772.07 of the Revised Code or substantially equivalent to	3488
such an offense.	3489

(16) Not later than thirty days after the date the	3490
superintendent receives a request of a type described in division	3491
(A)(1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12),	3492
(14), or (15) of this section, the completed form, and the	3493
fingerprint impressions, the superintendent shall send the person,	3494
board, or entity that made the request any information, other than	3495
information the dissemination of which is prohibited by federal	3496
law, the superintendent determines exists with respect to the	3497
person who is the subject of the request that indicates that the	3498
person previously has been convicted of or pleaded guilty to any	3499
offense listed or described in division (A)(1), (2), (3), (4),	3500
(5), (6), (7), (8), (9), (10), (11), (12), (14), or (15) of this	3501
section, as appropriate. The superintendent shall send the person,	3502
board, or entity that made the request a copy of the list of	3503
offenses specified in division (A)(1), (2), (3), (4), (5), (6),	3504
(7), (8), (9), (10), (11), (12), (14), or (15) of this section, as	3505
appropriate. If the request was made under section 3701.881 of the	3506
Revised Code with regard to an applicant who may be both	3507
responsible for the care, custody, or control of a child and	3508
involved in providing direct care to an older adult, the	3509
superintendent shall provide a list of the offenses specified in	3510
divisions (A)(4) and (6) of this section.	3511

Not later than thirty days after the superintendent receives	3512
a request for a criminal records check pursuant to section 113.041	3513
of the Revised Code, the completed form, and the fingerprint	3514
impressions, the superintendent shall send the treasurer of state	3515
any information, other than information the dissemination of which	3516
is prohibited by federal law, the superintendent determines exist	3517
with respect to the person who is the subject of the request that	3518
indicates that the person previously has been convicted of or	3519
pleaded guilty to any criminal offense in this state or any other	3520
state.	3521

(B) The superintendent shall conduct any criminal records	3522
check requested under section 113.041, 121.08, 173.27, 173.394,	3523
1121.23, 1155.03, 1163.05, 1315.141, 1321.53, 1321.531, 1322.03,	3524
1322.031, 1733.47, 1761.26, 2151.86, 3301.32, 3301.541, 3319.39,	3525
3701.881, 3712.09, 3721.121, ~~3722.151~~5119.85, 3772.07, 4701.08,	3526
4715.101, 4717.061, 4725.121, 4725.501, 4729.071, 4730.101,	3527
4730.14, 4730.28, 4731.081, 4731.15, 4731.171, 4731.222, 4731.281,	3528
4731.296, 4731.531, 4732.091, 4734.202, 4740.061, 4741.10,	3529
4749.03, 4749.06, 4755.70, 4757.101, 4759.061, 4760.032, 4760.06,	3530
4761.051, 4762.031, 4762.06, 4763.05, 4779.091, 5104.012,	3531
5104.013, 5111.032, 5111.033, 5111.034, 5123.081, 5126.28,	3532
5126.281, or 5153.111 of the Revised Code as follows:	3533

(1) The superintendent shall review or cause to be reviewed	3534
any relevant information gathered and compiled by the bureau under	3535
division (A) of section 109.57 of the Revised Code that relates to	3536
the person who is the subject of the request, including, if the	3537
criminal records check was requested under section 113.041,	3538
121.08, 173.27, 173.394, 1121.23, 1155.03, 1163.05, 1315.141,	3539
1321.37, 1321.53, 1321.531, 1322.03, 1322.031, 1733.47, 1761.26,	3540
2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121,	3541
~~3722.151~~5119.85, 3772.07, 4749.03, 4749.06, 4763.05, 5104.012,	3542
5104.013, 5111.032, 5111.033, 5111.034, 5123.081, 5126.28,	3543
5126.281, or 5153.111 of the Revised Code, any relevant	3544
information contained in records that have been sealed under	3545
section 2953.32 of the Revised Code;	3546

(2) If the request received by the superintendent asks for	3547
information from the federal bureau of investigation, the	3548
superintendent shall request from the federal bureau of	3549
investigation any information it has with respect to the person	3550
who is the subject of the request, including fingerprint-based	3551
checks of national crime information databases as described in 42	3552
U.S.C. 671 if the request is made pursuant to section 2151.86,	3553
5104.012, or 5104.013 of the Revised Code or if any other Revised	3554
Code section requires fingerprint-based checks of that nature, and	3555
shall review or cause to be reviewed any information the	3556
superintendent receives from that bureau. If a request under	3557
section 3319.39 of the Revised Code asks only for information from	3558
the federal bureau of investigation, the superintendent shall not	3559
conduct the review prescribed by division (B)(1) of this section.	3560

(3) The superintendent or the superintendent's designee may	3561
request criminal history records from other states or the federal	3562
government pursuant to the national crime prevention and privacy	3563
compact set forth in section 109.571 of the Revised Code.	3564

(C)(1) The superintendent shall prescribe a form to obtain	3565
the information necessary to conduct a criminal records check from	3566
any person for whom a criminal records check is requested under	3567
section 113.041 of the Revised Code or required by section 121.08,	3568
173.27, 173.394, 1121.23, 1155.03, 1163.05, 1315.141, 1321.53,	3569
1321.531, 1322.03, 1322.031, 1733.47, 1761.26, 2151.86, 3301.32,	3570
3301.541, 3319.39, 3701.881, 3712.09, 3721.121, ~~3722.151~~5119.85,	3571
3772.07, 4701.08, 4715.101, 4717.061, 4725.121, 4725.501,	3572
4729.071, 4730.101, 4730.14, 4730.28, 4731.081, 4731.15, 4731.171,	3573
4731.222, 4731.281, 4731.296, 4731.531, 4732.091, 4734.202,	3574
4740.061, 4741.10, 4749.03, 4749.06, 4755.70, 4757.101, 4759.061,	3575
4760.032, 4760.06, 4761.051, 4762.031, 4762.06, 4763.05, 4779.091,	3576
5104.012, 5104.013, 5111.032, 5111.033, 5111.034, 5123.081,	3577
5126.28, 5126.281, or 5153.111 of the Revised Code. The form that	3578
the superintendent prescribes pursuant to this division may be in	3579
a tangible format, in an electronic format, or in both tangible	3580
and electronic formats.	3581

(2) The superintendent shall prescribe standard impression	3582
sheets to obtain the fingerprint impressions of any person for	3583
whom a criminal records check is requested under section 113.041	3584
of the Revised Code or required by section 121.08, 173.27,	3585
173.394, 1121.23, 1155.03, 1163.05, 1315.141, 1321.53, 1321.531,	3586
1322.03, 1322.031, 1733.47, 1761.26, 2151.86, 3301.32, 3301.541,	3587
3319.39, 3701.881, 3712.09, 3721.121, ~~3722.151~~5119.85, 3772.07,	3588
4701.08, 4715.101, 4717.061, 4725.121, 4725.501, 4729.071,	3589
4730.101, 4730.14, 4730.28, 4731.081, 4731.15, 4731.171, 4731.222,	3590
4731.281, 4731.296, 4731.531, 4732.091, 4734.202, 4740.061,	3591
4741.10, 4749.03, 4749.06, 4755.70, 4757.101, 4759.061, 4760.032,	3592
4760.06, 4761.051, 4762.031, 4762.06, 4763.05, 4779.091, 5104.012,	3593
5104.013, 5111.032, 5111.033, 5111.034, 5123.081, 5126.28,	3594
5126.281, or 5153.111 of the Revised Code. Any person for whom a	3595
records check is requested under or required by any of those	3596
sections shall obtain the fingerprint impressions at a county	3597
sheriff's office, municipal police department, or any other entity	3598
with the ability to make fingerprint impressions on the standard	3599
impression sheets prescribed by the superintendent. The office,	3600
department, or entity may charge the person a reasonable fee for	3601
making the impressions. The standard impression sheets the	3602
superintendent prescribes pursuant to this division may be in a	3603
tangible format, in an electronic format, or in both tangible and	3604
electronic formats.	3605

(3) Subject to division (D) of this section, the	3606
superintendent shall prescribe and charge a reasonable fee for	3607
providing a criminal records check requested under section	3608
113.041, 121.08, 173.27, 173.394, 1121.23, 1155.03, 1163.05,	3609
1315.141, 1321.53, 1321.531, 1322.03, 1322.031, 1733.47, 1761.26,	3610
2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121,	3611
~~3722.151~~5119.85, 3772.07, 4701.08, 4715.101, 4717.061, 4725.121,	3612
4725.501, 4729.071, 4730.101, 4730.14, 4730.28, 4731.081, 4731.15,	3613
4731.171, 4731.222, 4731.281, 4731.296, 4731.531, 4732.091,	3614
4734.202, 4740.061, 4741.10, 4749.03, 4749.06, 4755.70, 4757.101,	3615
4759.061, 4760.032, 4760.06, 4761.051, 4762.031, 4762.06, 4763.05,	3616
4779.091, 5104.012, 5104.013, 5111.032, 5111.033, 5111.034,	3617
5123.081, 5126.28, 5126.281, or 5153.111 of the Revised Code. The	3618
person making a criminal records request under any of those	3619
sections shall pay the fee prescribed pursuant to this division. A	3620
person making a request under section 3701.881 of the Revised Code	3621
for a criminal records check for an applicant who may be both	3622
responsible for the care, custody, or control of a child and	3623
involved in providing direct care to an older adult shall pay one	3624
fee for the request. In the case of a request under section	3625
1121.23, 1155.03, 1163.05, 1315.141, 1733.47, 1761.26, or 5111.032	3626
of the Revised Code, the fee shall be paid in the manner specified	3627
in that section.	3628

(4) The superintendent of the bureau of criminal	3629
identification and investigation may prescribe methods of	3630
forwarding fingerprint impressions and information necessary to	3631
conduct a criminal records check, which methods shall include, but	3632
not be limited to, an electronic method.	3633

(D) A determination whether any information exists that	3634
indicates that a person previously has been convicted of or	3635
pleaded guilty to any offense listed or described in division	3636
(A)(1)(a) or (b), (A)(2)(a) or (b), (A)(3)(a) or (b), (A)(4)(a) or	3637
(b), (A)(5)(a) or (b), (A)(6)(a) or (b), (A)(7), (A)(8)(a) or (b),	3638
(A)(9)(a) or (b), (A)(10)(a) or (b), (A)(12), (A)(14), or (A)(15)	3639
of this section, or that indicates that a person previously has	3640
been convicted of or pleaded guilty to any criminal offense in	3641
this state or any other state regarding a criminal records check	3642
of a type described in division (A)(13) of this section, and that	3643
is made by the superintendent with respect to information	3644
considered in a criminal records check in accordance with this	3645
section is valid for the person who is the subject of the criminal	3646
records check for a period of one year from the date upon which	3647
the superintendent makes the determination. During the period in	3648
which the determination in regard to a person is valid, if another	3649
request under this section is made for a criminal records check	3650
for that person, the superintendent shall provide the information	3651
that is the basis for the superintendent's initial determination	3652
at a lower fee than the fee prescribed for the initial criminal	3653
records check.	3654

(E) As used in this section:

3655

(1) "Criminal records check" means any criminal records check	3656
conducted by the superintendent of the bureau of criminal	3657
identification and investigation in accordance with division (B)	3658
of this section.	3659

(2) "Minor drug possession offense" has the same meaning as	3660
in section 2925.01 of the Revised Code.	3661

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

3662

(4) "OVI or OVUAC violation" means a violation of section	3663
4511.19 of the Revised Code or a violation of an existing or	3664
former law of this state, any other state, or the United States	3665
that is substantially equivalent to section 4511.19 of the Revised	3666
Code.	3667

Sec. 111.12. ~~(A) Except as otherwise provided in division~~	3668
~~(B) of this section, the~~The secretary of state shall compile and	3669
publish biennially in a paper, book, or ~~other nonelectronic~~	3670
electronic format ~~twenty-five hundred copies of~~ the election	3671
statistics of Ohio, ~~four thousand copies of~~ the official roster of	3672
federal, state, and county officers, and ~~twenty-five hundred~~	3673
~~copies of~~ the official roster of township and municipal officers.	3674

~~(B) The secretary of state may compile and publish biennially~~	3675
~~the election statistics of Ohio, the official roster of federal,~~	3676
~~state, and county officers, and the official roster of township~~	3677
~~and municipal officers in an electronic format instead of~~	3678
~~compiling and publishing these documents biennially in a paper,~~	3679
~~book, or other nonelectronic format in the numbers specified in~~	3680
~~division (A) of this section. If the secretary of state does so,~~	3681
~~the secretary of state shall maintain the ability to provide~~	3682
~~copies of the election statistics of Ohio, the official roster of~~	3683
~~federal, state, and county officers, and the official roster of~~	3684
~~township and municipal officers in accordance with section 149.43~~	3685
~~of the Revised Code.~~	3686

Sec. 111.15. (A) As used in this section:

3687

(1) "Rule" includes any rule, regulation, bylaw, or standard	3688
having a general and uniform operation adopted by an agency under	3689
the authority of the laws governing the agency; any appendix to a	3690
rule; and any internal management rule. "Rule" does not include	3691
any guideline adopted pursuant to section 3301.0714 of the Revised	3692
Code, any order respecting the duties of employees, any finding,	3693
any determination of a question of law or fact in a matter	3694
presented to an agency, or any rule promulgated pursuant to	3695
Chapter 119., section 4141.14, division (C)(1) or (2) of section	3696
5117.02, or section 5703.14 of the Revised Code. "Rule" includes	3697
any amendment or rescission of a rule.	3698

(2) "Agency" means any governmental entity of the state and	3699
includes, but is not limited to, any board, department, division,	3700
commission, bureau, society, council, institution, state college	3701
or university, community college district, technical college	3702
district, or state community college. "Agency" does not include	3703
the general assembly, the controlling board, the adjutant	3704
general's department, or any court.	3705

(3) "Internal management rule" means any rule, regulation,	3706
bylaw, or standard governing the day-to-day staff procedures and	3707
operations within an agency.	3708

(4) "Substantive revision" has the same meaning as in	3709
division (J) of section 119.01 of the Revised Code.	3710

(B)(1) Any rule, other than a rule of an emergency nature,	3711
adopted by any agency pursuant to this section shall be effective	3712
on the tenth day after the day on which the rule in final form and	3713
in compliance with division (B)(3) of this section is filed as	3714
follows:	3715

(a) The rule shall be filed in electronic form with both the	3716
secretary of state and the director of the legislative service	3717
commission;	3718

(b) The rule shall be filed in electronic form with the joint	3719
committee on agency rule review. Division (B)(1)(b) of this	3720
section does not apply to any rule to which division (D) of this	3721
section does not apply.	3722

An agency that adopts or amends a rule that is subject to	3723
division (D) of this section shall assign a review date to the	3724
rule that is not later than five years after its effective date.	3725
If no review date is assigned to a rule, or if a review date	3726
assigned to a rule exceeds the five-year maximum, the review date	3727
for the rule is five years after its effective date. A rule with a	3728
review date is subject to review under section 119.032 of the	3729
Revised Code. This paragraph does not apply to a rule of a state	3730
college or university, community college district, technical	3731
college district, or state community college.	3732

If all filings are not completed on the same day, the rule	3733
shall be effective on the tenth day after the day on which the	3734
latest filing is completed. If an agency in adopting a rule	3735
designates an effective date that is later than the effective date	3736
provided for by division (B)(1) of this section, the rule if filed	3737
as required by such division shall become effective on the later	3738
date designated by the agency.	3739

Any rule that is required to be filed under division (B)(1)	3740
of this section is also subject to division (D) of this section if	3741
not exempted by division (D)(1), (2), (3), (4), (5), (6), (7), or	3742
(8) of this section.	3743

If a rule incorporates a text or other material by reference,	3744
the agency shall comply with sections 121.71 to 121.76 of the	3745
Revised Code.	3746

(2) A rule of an emergency nature necessary for the immediate	3747
preservation of the public peace, health, or safety shall state	3748
the reasons for the necessity. The emergency rule, in final form	3749
and in compliance with division (B)(3) of this section, shall be	3750
filed in electronic form with the secretary of state, the director	3751
of the legislative service commission, and the joint committee on	3752
agency rule review. The emergency rule is effective immediately	3753
upon completion of the latest filing, except that if the agency in	3754
adopting the emergency rule designates an effective date, or date	3755
and time of day, that is later than the effective date and time	3756
provided for by division (B)(2) of this section, the emergency	3757
rule if filed as required by such division shall become effective	3758
at the later date, or later date and time of day, designated by	3759
the agency.	3760

An emergency rule becomes invalid at the end of the ninetieth	3761
day it is in effect. Prior to that date, the agency may file the	3762
emergency rule as a nonemergency rule in compliance with division	3763
(B)(1) of this section. The agency may not refile the emergency	3764
rule in compliance with division (B)(2) of this section so that,	3765
upon the emergency rule becoming invalid under such division, the	3766
emergency rule will continue in effect without interruption for	3767
another ninety-day period.	3768

(3) An agency shall file a rule under division (B)(1) or (2)	3769
of this section in compliance with the following standards and	3770
procedures:	3771

(a) The rule shall be numbered in accordance with the	3772
numbering system devised by the director for the Ohio	3773
administrative code.	3774

(b) The rule shall be prepared and submitted in compliance	3775
with the rules of the legislative service commission.	3776

(c) The rule shall clearly state the date on which it is to	3777
be effective and the date on which it will expire, if known.	3778

(d) Each rule that amends or rescinds another rule shall	3779
clearly refer to the rule that is amended or rescinded. Each	3780
amendment shall fully restate the rule as amended.	3781

If the director of the legislative service commission or the	3782
director's designee gives an agency notice pursuant to section	3783
103.05 of the Revised Code that a rule filed by the agency is not	3784
in compliance with the rules of the legislative service	3785
commission, the agency shall within thirty days after receipt of	3786
the notice conform the rule to the rules of the commission as	3787
directed in the notice.	3788

(C) All rules filed pursuant to divisions (B)(1)(a) and (2)	3789
of this section shall be recorded by the secretary of state and	3790
the director under the title of the agency adopting the rule and	3791
shall be numbered according to the numbering system devised by the	3792
director. The secretary of state and the director shall preserve	3793
the rules in an accessible manner. Each such rule shall be a	3794
public record open to public inspection and may be transmitted to	3795
any law publishing company that wishes to reproduce it.	3796

(D) At least sixty-five days before a board, commission,	3797
department, division, or bureau of the government of the state	3798
files a rule under division (B)(1) of this section, it shall file	3799
the full text of the proposed rule in electronic form with the	3800
joint committee on agency rule review, and the proposed rule is	3801
subject to legislative review and invalidation under division (I)	3802
of section 119.03 of the Revised Code. If a state board,	3803
commission, department, division, or bureau makes a substantive	3804
revision in a proposed rule after it is filed with the joint	3805
committee, the state board, commission, department, division, or	3806
bureau shall promptly file the full text of the proposed rule in	3807
its revised form in electronic form with the joint committee. The	3808
latest version of a proposed rule as filed with the joint	3809
committee supersedes each earlier version of the text of the same	3810
proposed rule. Except as provided in division (F) of this section,	3811
a state board, commission, department, division, or bureau shall	3812
also file the rule summary and fiscal analysis prepared under	3813
section 127.18 of the Revised Code in electronic form along with a	3814
proposed rule, and along with a proposed rule in revised form,	3815
that is filed under this division. If a proposed rule has an	3816
adverse impact on businesses, the state board, commission,	3817
department, division, or bureau also shall file the business	3818
impact analysis, any recommendations received from the common	3819
sense initiative office, and the associated memorandum of	3820
response, if any, in electronic form along with the proposed rule,	3821
or the proposed rule in revised form, that is filed under this	3822
division.	3823

As used in this division, "commission" includes the public	3824
utilities commission when adopting rules under a federal or state	3825
statute.	3826

This division does not apply to any of the following:

3827

(1) A proposed rule of an emergency nature;

3828

(2) A rule proposed under section 1121.05, 1121.06, 1155.18,	3829
1163.22, 1349.33, 1707.201, 1733.412, 4123.29, 4123.34, 4123.341,	3830
4123.342, 4123.40, 4123.411, 4123.44, or 4123.442 of the Revised	3831
Code;	3832

(3) A rule proposed by an agency other than a board,	3833
commission, department, division, or bureau of the government of	3834
the state;	3835

(4) A proposed internal management rule of a board,	3836
commission, department, division, or bureau of the government of	3837
the state;	3838

(5) Any proposed rule that must be adopted verbatim by an	3839
agency pursuant to federal law or rule, to become effective within	3840
sixty days of adoption, in order to continue the operation of a	3841
federally reimbursed program in this state, so long as the	3842
proposed rule contains both of the following:	3843

(a) A statement that it is proposed for the purpose of	3844
complying with a federal law or rule;	3845

(b) A citation to the federal law or rule that requires	3846
verbatim compliance.	3847

(6) An initial rule proposed by the director of health to	3848
impose safety standards and quality-of-care standards with respect	3849
to a health service specified in section 3702.11 of the Revised	3850
Code, or an initial rule proposed by the director to impose	3851
quality standards on a facility listed in division (A)(4) of	3852
section 3702.30 of the Revised Code, if section 3702.12 of the	3853
Revised Code requires that the rule be adopted under this section;	3854

(7) A game rule of the state lottery commission ~~pertaining to~~	3855
~~instant game rules~~promulgated under division (A) of section	3856
3770.03 of the Revised Code.	3857

If a rule is exempt from legislative review under division	3858
(D)(5) of this section, and if the federal law or rule pursuant to	3859
which the rule was adopted expires, is repealed or rescinded, or	3860
otherwise terminates, the rule is thereafter subject to	3861
legislative review under division (D) of this section.	3862

(E) Whenever a state board, commission, department, division,	3863
or bureau files a proposed rule or a proposed rule in revised form	3864
under division (D) of this section, it shall also file the full	3865
text of the same proposed rule or proposed rule in revised form in	3866
electronic form with the secretary of state and the director of	3867
the legislative service commission. Except as provided in division	3868
(F) of this section, a state board, commission, department,	3869
division, or bureau shall file the rule summary and fiscal	3870
analysis prepared under section 127.18 of the Revised Code in	3871
electronic form along with a proposed rule or proposed rule in	3872
revised form that is filed with the secretary of state or the	3873
director of the legislative service commission.	3874

(F) Except as otherwise provided in this division, the	3875
auditor of state or the auditor of state's designee is not	3876
required to file a rule summary and fiscal analysis along with a	3877
proposed rule, or proposed rule in revised form, that the auditor	3878
of state proposes under section 117.12, 117.19, 117.38, or 117.43	3879
of the Revised Code and files under division (D) or (E) of this	3880
section.	3881

Sec. 111.16. The secretary of state shall charge and	3882
collect, for the benefit of the state, the following fees:	3883

(A) For filing and recording articles of incorporation of a	3884
domestic corporation, including designation of agent:	3885

(1) Wherein the corporation shall not be authorized to issue	3886
any shares of capital stock, one hundred twenty-five dollars;	3887

(2) Wherein the corporation shall be authorized to issue	3888
shares of capital stock, with or without par value:	3889

(a) Ten cents for each share authorized up to and including	3890
one thousand shares;	3891

(b) Five cents for each share authorized in excess of one	3892
thousand shares up to and including ten thousand shares;	3893

(c) Two cents for each share authorized in excess of ten	3894
thousand shares up to and including fifty thousand shares;	3895

(d) One cent for each share authorized in excess of fifty	3896
thousand shares up to and including one hundred thousand shares;	3897

(e) One-half cent for each share authorized in excess of one	3898
hundred thousand shares up to and including five hundred thousand	3899
shares;	3900

(f) One-quarter cent for each share authorized in excess of	3901
five hundred thousand shares; provided no fee shall be less than	3902
one hundred twenty-five dollars or greater than one hundred	3903
thousand dollars.	3904

(B) For filing and recording a certificate of amendment to or	3905
amended articles of incorporation of a domestic corporation, or	3906
for filing and recording a certificate of reorganization, a	3907
certificate of dissolution, or an amendment to a foreign license	3908
application:	3909

(1) If the domestic corporation is not authorized to issue	3910
any shares of capital stock, fifty dollars;	3911

(2) If the domestic corporation is authorized to issue shares	3912
of capital stock, fifty dollars, and in case of any increase in	3913
the number of shares authorized to be issued, a further sum	3914
computed in accordance with the schedule set forth in division	3915
(A)(2) of this section less a credit computed in the same manner	3916
for the number of shares previously authorized to be issued by the	3917
corporation; provided no fee under division (B)(2) of this section	3918
shall be greater than one hundred thousand dollars;	3919

(3) If the foreign corporation is not authorized to issue any	3920
shares of capital stock, fifty dollars;	3921

(4) If the foreign corporation is authorized to issue shares	3922
of capital stock, fifty dollars.	3923

(C) For filing and recording articles of incorporation of a	3924
savings and loan association, one hundred twenty-five dollars; and	3925
for filing and recording a certificate of amendment to or amended	3926
articles of incorporation of a savings and loan association, fifty	3927
dollars;	3928

(D) For filing and recording a certificate of conversion,	3929
including a designation of agent, a certificate of merger, or a	3930
certificate of consolidation, one hundred twenty-five dollars and,	3931
in the case of any new corporation resulting from a consolidation	3932
or any surviving corporation that has an increased number of	3933
shares authorized to be issued resulting from a merger, an	3934
additional sum computed in accordance with the schedule set forth	3935
in division (A)(2) of this section less a credit computed in the	3936
same manner for the number of shares previously authorized to be	3937
issued or represented in this state by each of the corporations	3938
for which a consolidation or merger is effected by the	3939
certificate;	3940

(E) For filing and recording articles of incorporation of a	3941
credit union or the American credit union guaranty association,	3942
one hundred twenty-five dollars, and for filing and recording a	3943
certificate of increase in capital stock or any other amendment of	3944
the articles of incorporation of a credit union or the	3945
association, fifty dollars;	3946

(F) For filing and recording articles of organization of a	3947
limited liability company, for filing and recording an application	3948
to become a registered foreign limited liability company, for	3949
filing and recording a registration application to become a	3950
domestic limited liability partnership, or for filing and	3951
recording an application to become a registered foreign limited	3952
liability partnership, one hundred twenty-five dollars;	3953

(G) For filing and recording a certificate of limited	3954
partnership or an application for registration as a foreign	3955
limited partnership, or for filing an initial statement of	3956
partnership authority pursuant to section 1776.33 of the Revised	3957
Code, one hundred twenty-five dollars.	3958

(H) For filing a copy of papers evidencing the incorporation	3959
of a municipal corporation or of annexation of territory by a	3960
municipal corporation, five dollars, to be paid by the municipal	3961
corporation, the petitioners therefor, or their agent;	3962

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

3963

(1) A license to transact business in this state by a foreign	3964
corporation for profit pursuant to section 1703.04 of the Revised	3965
Code or a foreign nonprofit corporation pursuant to section	3966
1703.27 of the Revised Code, one hundred twenty-five dollars;	3967

(2) A biennial report or biennial statement pursuant to	3968
section 1775.63, 1776.83, or 1785.06 of the Revised Code,	3969
twenty-five dollars;	3970

(3) Except as otherwise provided in this section or any other	3971
section of the Revised Code, any other certificate or paper that	3972
is required to be filed and recorded or is permitted to be filed	3973
and recorded by any provision of the Revised Code with the	3974
secretary of state, twenty-five dollars.	3975

(J) For filing any certificate or paper not required to be	3976
recorded, five dollars;	3977

(K)(1) For making copies of any certificate or other paper	3978
filed in the office of the secretary of state, a fee not to exceed	3979
one dollar per page, except as otherwise provided in the Revised	3980
Code, and for creating and affixing the seal of the office of the	3981
secretary of state to any good standing or other certificate, five	3982
dollars. For copies of certificates or papers required by state	3983
officers for official purpose, no charge shall be made.	3984

(2) For creating and affixing the seal of the office of the	3985
secretary of state to the certificates described in division (E)	3986
of section 1701.81, division (E) of section 1701.811, division (E)	3987
of section 1705.38, division (E) of section 1705.381, division (D)	3988
of section 1702.43, division (E) of section 1775.47, division (E)	3989
of section 1775.55, division (E) of section 1776.70, division (E)	3990
of section 1776.74, division (E) of section 1782.433, or division	3991
(E) of section 1782.4310 of the Revised Code, twenty-five dollars.	3992

(L) For a minister's license to solemnize marriages, ten	3993
dollars;	3994

(M) For examining documents to be filed at a later date for	3995
the purpose of advising as to the acceptability of the proposed	3996
filing, fifty dollars;	3997

(N) Fifty dollars for filing and recording any of the	3998
following:	3999

(1) A certificate of dissolution and accompanying documents,	4000
or a certificate of cancellation, under section 1701.86, 1702.47,	4001
1705.43, 1776.65, or 1782.10 of the Revised Code;	4002

(2) A notice of dissolution of a foreign licensed corporation	4003
or a certificate of surrender of license by a foreign licensed	4004
corporation under section 1703.17 of the Revised Code;	4005

(3) The withdrawal of registration of a foreign or domestic	4006
limited liability partnership under section 1775.61, 1775.64,	4007
1776.81, or 1776.86 of the Revised Code, or the certificate of	4008
cancellation of registration of a foreign limited liability	4009
company under section 1705.57 of the Revised Code;	4010

(4) The filing of a statement of denial under section 1776.34	4011
of the Revised Code, a statement of dissociation under section	4012
1776.57 of the Revised Code, a statement of disclaimer of general	4013
partner status under Chapter 1782. of the Revised Code, or a	4014
cancellation of disclaimer of general partner status under Chapter	4015
1782. of the Revised Code.	4016

(O) For filing a statement of continued existence by a	4017
nonprofit corporation, twenty-five dollars;	4018

(P) For filing a restatement under section 1705.08 or 1782.09	4019
of the Revised Code, an amendment to a certificate of cancellation	4020
under section 1782.10 of the Revised Code, an amendment under	4021
section 1705.08 or 1782.09 of the Revised Code, or a correction	4022
under section 1705.55, 1775.61, 1775.64, 1776.12, or 1782.52 of	4023
the Revised Code, fifty dollars;	4024

(Q) For filing for reinstatement of an entity cancelled by	4025
operation of law, by the secretary of state, by order of the	4026
department of taxation, or by order of a court, twenty-five	4027
dollars;	4028

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

4029

(1) A change of agent, resignation of agent, or change of	4030
agent's address under section 1701.07, 1702.06, 1703.041, 1703.27,	4031
1705.06, 1705.55, 1746.04, 1747.03, 1776.07, or 1782.04 of the	4032
Revised Code, twenty-five dollars;	4033

(2) A multiple change of agent name or address,	4034
standardization of agent address, or resignation of agent under	4035
section 1701.07, 1702.06, 1703.041, 1703.27, 1705.06, 1705.55,	4036
1746.04, 1747.03, 1776.07, or 1782.04 of the Revised Code, one	4037
hundred twenty-five dollars, plus three dollars per entity record	4038
being changed, by the multiple agent update.	4039

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

4040

(1) An application for the exclusive right to use a name or	4041
an application to reserve a name for future use under section	4042
1701.05, 1702.05, 1703.31, 1705.05, or 1746.06 of the Revised	4043
Code, fifty dollars;	4044

(2) A trade name or fictitious name registration or report,	4045
fifty dollars;	4046

(3) An application to renew any item covered by division	4047
(S)(1) or (2) of this section that is permitted to be renewed,	4048
twenty-five dollars;	4049

(4) An assignment of rights for use of a name covered by	4050
division (S)(1), (2), or (3) of this section, the cancellation of	4051
a name registration or name reservation that is so covered, or	4052
notice of a change of address of the registrant of a name that is	4053
so covered, twenty-five dollars.	4054

(T) For filing and recording a report to operate a business	4055
trust or a real estate investment trust, either foreign or	4056
domestic, one hundred twenty-five dollars; and for filing and	4057
recording an amendment to a report or associated trust instrument,	4058
or a surrender of authority, to operate a business trust or real	4059
estate investment trust, fifty dollars;	4060

(U)(1) For filing and recording the registration of a	4061
trademark, service mark, or mark of ownership, one hundred	4062
twenty-five dollars;	4063

(2) For filing and recording the change of address of a	4064
registrant, the assignment of rights to a registration, a renewal	4065
of a registration, or the cancellation of a registration	4066
associated with a trademark, service mark, or mark of ownership,	4067
twenty-five dollars.	4068

(V) For filing a service of process with the secretary of	4069
state, five dollars, except as otherwise provided in any section	4070
of the Revised Code.	4071

Fees specified in this section may be paid by cash, check, or	4072
money order, by credit card in accordance with section 113.40 of	4073
the Revised Code, or by an alternative payment program in	4074
accordance with division (B) of section 111.18 of the Revised	4075
Code. Any credit card number or the expiration date of any credit	4076
card is not subject to disclosure under Chapter 149. of the	4077
Revised Code.	4078

Sec. 111.18. (A) The secretary of state shall keep a record	4079
of all fees collected by the secretary of state and, ~~subject to~~	4080
~~division (B) of section 1309.528 of the Revised Code and~~ except as	4081
otherwise provided in the Revised Code, shall pay them into the	4082
state treasury to the credit of the corporate and uniform	4083
commercial code filing fund created by section 1309.528 of the	4084
Revised Code.	4085

(B) The secretary of state may implement alternative payment	4086
programs that permit payment of any fee charged by the secretary	4087
of state by means other than cash, check, money order, or credit	4088
card; an alternative payment program may include, but is not	4089
limited to, one that permits a fee to be paid by electronic means	4090
of transmission. Fees paid under an alternative payment program	4091
shall be deposited to the credit of the secretary of state	4092
alternative payment program fund, which is hereby created in the	4093
state treasury. Any investment income of the secretary of state	4094
alternative payment program fund shall be credited to that fund	4095
and used to operate the alternative payment program. Within two	4096
working days following the deposit of funds to the credit of the	4097
secretary of state alternative payment program fund, the secretary	4098
of state shall pay those funds to the credit of the corporate and	4099
uniform commercial code filing fund, subject to division (B) of	4100
section 1309.401 of the Revised Code and except as otherwise	4101
provided in the Revised Code.	4102

The secretary of state shall adopt rules necessary to carry	4103
out the purposes of this division.	4104

Sec. 111.181. There is hereby created in the state treasury	4105
the information systems fund. The fund shall receive revenues from	4106
fees charged to customers for special database requests, including	4107
corporate and uniform commercial code filings. The secretary of	4108
state shall use the fund for information technology related	4109
expenses of the office.	4110

Sec. 111.28. (A) There is hereby created in the state	4111
treasury the help America vote act (HAVA) fund. All moneys	4112
received by the secretary of state from the United States election	4113
assistance commission shall be credited to the fund. The secretary	4114
of state shall use the moneys credited to the fund for activities	4115
conducted pursuant to the "Help America Vote Act of 2002," Pub. L.	4116
No. 107-252, 116 Stat. 1666. All investment earnings of the fund	4117
shall be credited to the fund.	4118

(B) There is hereby created in the state treasury the	4119
election reform/health and human services fund. All moneys	4120
received by the secretary of state from the United States	4121
department of health and human services shall be credited to the	4122
fund. The secretary of state shall use the moneys credited to the	4123
fund for activities conducted pursuant to grants awarded to the	4124
state under Title II, Subtitle D, Sections 261 to 265 of the Help	4125
America Vote Act of 2002 to assure access for individuals with	4126
disabilities. All investment earnings of the fund shall be	4127
credited to the fund.	4128

Sec. 111.29. There is hereby created in the state treasury	4129
the citizen education fund. The fund shall receive gifts, grants,	4130
fees, and donations from private individuals and entities for	4131
voter education purposes. The secretary of state shall use the	4132
moneys credited to the fund for preparing, printing, and	4133
distributing voter registration and educational materials and for	4134
conducting related workshops and conferences for public education.	4135

Sec. 117.101. The auditor of state shall provide, operate,	4136
and maintain a uniform and compatible computerized financial	4137
management and accounting system known as the uniform accounting	4138
network. The network shall be designed to provide public offices,	4139
other than state agencies and the Ohio education computer network	4140
and public school districts, with efficient and economical access	4141
to data processing and management information facilities and	4142
expertise. In accordance with this objective, activities of the	4143
network shall include, but not be limited to, provision,	4144
maintenance, and operation of the following facilities and	4145
services:	4146

(A) A cooperative program of technical assistance for public	4147
offices, other than state agencies and the Ohio education computer	4148
network and public school districts, including, but not limited	4149
to, an adequate computer software system and a data base;	4150

(B) An information processing service center providing	4151
approved computerized financial accounting and reporting services	4152
to participating public offices.	4153

The auditor of state and any public office, other than a	4154
state agency and the Ohio education computer network and public	4155
school districts, may enter into any necessary agreements, without	4156
advertisement or bidding, for the provision of necessary goods,	4157
materials, supplies, and services to such public offices by the	4158
auditor of state through the network.	4159

The auditor of state may, by rule, provide for a system of	4160
user fees to be charged participating public offices for goods,	4161
materials, supplies, and services received from the network. All	4162
such fees shall be paid into the state treasury to the credit of	4163
the uniform accounting network fund, which is hereby created. The	4164
fund shall be used by the auditor of state to pay the costs of	4165
establishing and maintaining the network. The fund shall be	4166
assessed a proportionate share of the auditor of state's	4167
administrative costs in accordance with procedures prescribed by	4168
the auditor of state ~~and approved by the director of budget and~~	4169
~~management~~.	4170

Sec. 117.13. (A) The costs of audits of state agencies shall	4171
be recovered by the auditor of state in the following manner:	4172

(1) The costs of all audits of state agencies shall be paid	4173
to the auditor of state on statements rendered by the auditor of	4174
state. Money so received by the auditor of state shall be paid	4175
into the state treasury to the credit of the public audit expense	4176
fund--intrastate, which is hereby created, and shall be used to	4177
pay costs related to such audits. The costs of audits of a state	4178
agency shall be charged to the state agency being audited. The	4179
costs of any assistant auditor, employee, or expert employed	4180
pursuant to section 117.09 of the Revised Code called upon to	4181
testify in any legal proceedings in regard to any audit, or called	4182
upon to review or discuss any matter related to any audit, may be	4183
charged to the state agency to which the audit relates.	4184

(2) The auditor of state shall establish by rule rates to be	4185
charged to state agencies for recovering the costs of audits of	4186
state agencies.	4187

(B) As used in this division, "government auditing standards"	4188
means the government auditing standards published by the	4189
comptroller general of the United States general accounting	4190
office.	4191

(1) Except as provided in divisions (B)(2) and (3) of this	4192
section, any costs of an audit of a private institution,	4193
association, board, or corporation receiving public money for its	4194
use shall be charged to the public office providing the public	4195
money in the same manner as costs of an audit of the public	4196
office.	4197

(2) If an audit of a private child placing agency or private	4198
noncustodial agency receiving public money from a public children	4199
services agency for providing child welfare or child protection	4200
services sets forth that money has been illegally expended,	4201
converted, misappropriated, or is unaccounted for, the costs of	4202
the audit shall be charged to the agency being audited in the same	4203
manner as costs of an audit of a public office, unless the	4204
findings are inconsequential, as defined by government auditing	4205
standards.	4206

(3) If such an audit does not set forth that money has been	4207
illegally expended, converted, misappropriated, or is unaccounted	4208
for or sets forth findings that are inconsequential, as defined by	4209
government auditing standards, the costs of the audit shall be	4210
charged as follows:	4211

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

4212

(b) One-third of the costs to the public children services	4213
agency that provided the public money to the agency being audited;	4214

(c) One-third of the costs to the department of job and	4215
family services.	4216

(C) The costs of audits of local public offices shall be	4217
recovered by the auditor of state in the following manner:	4218

(1) The total amount of compensation paid assistant auditors	4219
of state, their expenses, the cost of employees assigned to assist	4220
the assistant auditors of state, the cost of experts employed	4221
pursuant to section 117.09 of the Revised Code, and the cost of	4222
typing, reviewing, and copying reports shall be borne by the	4223
public office to which such assistant auditors of state are so	4224
assigned~~, except that annual vacation and sick leave of assistant~~	4225
~~auditors of state, employees, and typists shall be financed from~~	4226
~~the general revenue fund. The necessary traveling and hotel~~	4227
~~expenses of the deputy inspectors and supervisors of public~~	4228
~~offices shall be paid from the state treasury~~. Assistant auditors	4229
of state shall be compensated by the taxing district or other	4230
public office audited for activities undertaken pursuant to	4231
division (B) of section 117.18 and section 117.24 of the Revised	4232
Code. The costs of any assistant auditor, employee, or expert	4233
employed pursuant to section 117.09 of the Revised Code called	4234
upon to testify in any legal proceedings in regard to any audit,	4235
or called upon to review or discuss any matter related to any	4236
audit, may be charged to the public office to which the audit	4237
relates.	4238

(2) The auditor of state shall certify the amount of such	4239
compensation, expenses, cost of experts, reviewing, copying, and	4240
typing to the fiscal officer of the local public office audited.	4241
The fiscal officer of the local public office shall forthwith draw	4242
a warrant upon the general fund or other appropriate funds of the	4243
local public office to the order of the auditor of state;	4244
provided, that the auditor of state is authorized to negotiate	4245
with any local public office and, upon agreement between the	4246
auditor of state and the local public office, may adopt a schedule	4247
for payment of the amount due under this section. Money so	4248
received by the auditor of state shall be paid into the state	4249
treasury to the credit of the public audit expense fund--local	4250
government, which is hereby created, and shall be used to pay the	4251
compensation, expense, cost of experts and employees, reviewing,	4252
copying, and typing of reports.	4253

(3) At the conclusion of each audit, or analysis and report	4254
made pursuant to section 117.24 of the Revised Code, the auditor	4255
of state shall furnish the fiscal officer of the local public	4256
office audited a statement showing the total cost of the audit, or	4257
of the audit and the analysis and report, and the percentage of	4258
the total cost chargeable to each fund audited. The fiscal officer	4259
may distribute such total cost to each fund audited in accordance	4260
with its percentage of the total cost.	4261

(4) The auditor of state shall provide each local public	4262
office a statement or certification of the amount due from the	4263
public office for services performed by the auditor of state under	4264
this or any other section of the Revised Code, as well as the date	4265
upon which payment is due to the auditor of state. Any local	4266
public office that does not pay the amount due to the auditor of	4267
state by that date may be assessed by the auditor of state for	4268
interest from the date upon which the payment is due at the rate	4269
per annum prescribed by section 5703.47 of the Revised Code. All	4270
interest charges assessed by the auditor of state may be collected	4271
in the same manner as audit costs pursuant to division (D) of this	4272
section.	4273

(5) The auditor of state shall establish by rule rates to be	4274
charged to local public offices for recovering the costs of audits	4275
of local public offices.	4276

(D) If the auditor of state fails to receive payment for any	4277
amount due, including, but not limited to, fines, fees, and costs,	4278
from a public office for services performed under this or any	4279
other section of the Revised Code, the auditor of state may seek	4280
payment through the office of budget and management. (Amounts due	4281
include any amount due to an independent public accountant with	4282
whom the auditor has contracted to perform services, all costs and	4283
fees associated with participation in the uniform accounting	4284
network, and all costs associated with the auditor's provision of	4285
local government services.) Upon certification by the auditor of	4286
state to the director of budget and management of any such amount	4287
due, the director shall withhold from the public office any amount	4288
available, up to and including the amount certified as due, from	4289
any funds under the director's control that belong to or are	4290
lawfully payable or due to the public office. The director shall	4291
promptly pay the amount withheld to the auditor of state. If the	4292
director determines that no funds due and payable to the public	4293
office are available or that insufficient amounts of such funds	4294
are available to cover the amount due, the director shall withhold	4295
and pay to the auditor of state the amounts available and, in the	4296
case of a local public office, certify the remaining amount to the	4297
county auditor of the county in which the local public office is	4298
located. The county auditor shall withhold from the local public	4299
office any amount available, up to and including the amount	4300
certified as due, from any funds under the county auditor's	4301
control and belonging to or lawfully payable or due to the local	4302
public office. The county auditor shall promptly pay any such	4303
amount withheld to the auditor of state.	4304

Sec. 118.023. (A) Upon determining that one or more of the	4305
conditions described in section 118.022 of the Revised Code are	4306
present, the auditor of state shall issue a written declaration of	4307
the existence of a fiscal watch to the municipal corporation,	4308
county, or township and the county budget commission. The fiscal	4309
watch shall be in effect until the auditor of state determines	4310
that none of the conditions are any longer present and cancels the	4311
watch, or until the auditor of state determines that a state of	4312
fiscal emergency exists. The auditor of state, or a designee,	4313
shall provide such technical and support services to the municipal	4314
corporation, county, or township after a fiscal watch has been	4315
declared to exist as the auditor of state considers necessary. The	4316
controlling board shall provide sufficient funds for any costs	4317
that the auditor of state may incur in determining if a fiscal	4318
watch exists and for providing technical and support services.	4319

(B) Within one hundred twenty days after the day a written	4320
declaration of the existence of a fiscal watch is issued under	4321
division (A) of this section, the mayor of the municipal	4322
corporation, the board of county commissioners of the county, or	4323
the board of township trustees of the township for which a fiscal	4324
watch was declared shall submit to the auditor of state a	4325
financial recovery plan that shall identify actions to be taken to	4326
eliminate all of the conditions described in section 118.022 of	4327
the Revised Code, include a schedule detailing the approximate	4328
dates for beginning and completing the actions, and include a	4329
five-year forecast reflecting the effects of the actions. The	4330
financial recovery plan is subject to review and approval by the	4331
auditor of state. The auditor of state may extend the amount of	4332
time by which a financial recovery plan is required to be filed,	4333
for good cause shown.	4334

(C) If a feasible financial recovery plan for a municipal	4335
corporation, county, or township for which a fiscal watch was	4336
declared is not submitted within the time period prescribed by	4337
division (B) of this section, or within any extension of time	4338
thereof, the auditor of state shall declare that a fiscal	4339
emergency condition exists under section 118.04 of the Revised	4340
Code in the municipal corporation, county, or township.	4341

Sec. 118.025. (A) The auditor of state shall develop	4342
guidelines for identifying fiscal practices and budgetary	4343
conditions of municipal corporations, counties, and townships	4344
that, if uncorrected, could result in a future declaration of a	4345
fiscal watch or fiscal emergency.	4346

(B) If the auditor of state determines that a municipal	4347
corporation, county, or township is engaging in any of those	4348
practices or that any of those conditions exist, the auditor of	4349
state may declare the municipal corporation, county, or township	4350
to be under a fiscal caution.	4351

(C) When the auditor of state declares a fiscal caution, the	4352
auditor of state shall promptly notify the municipal corporation,	4353
county, or township of that declaration and shall request the	4354
municipal corporation, county, or township to provide written	4355
proposals for discontinuing or correcting the fiscal practices or	4356
budgetary conditions that prompted the declaration and for	4357
preventing the municipal corporation, county, or township from	4358
experiencing further fiscal difficulties that could result in a	4359
declaration of fiscal watch or fiscal emergency.	4360

(D) The auditor of state, or a designee, may visit and	4361
inspect any municipal corporation, county, or township that is	4362
declared to be under a fiscal caution. The auditor of state may	4363
provide technical assistance to the municipal corporation, county,	4364
or township in implementing proposals to eliminate the practices	4365
or budgetary conditions that prompted the declaration of fiscal	4366
caution and may make recommendations concerning those proposals.	4367

(E) If the auditor of state finds that a municipal	4368
corporation, county, or township declared to be under a fiscal	4369
caution has not made reasonable proposals or otherwise taken	4370
action to discontinue or correct the fiscal practices or budgetary	4371
conditions that prompted the declaration of fiscal caution, and if	4372
the auditor of state considers it necessary to prevent further	4373
fiscal decline, the auditor of state may determine that the	4374
municipal corporation, county, or township should be in a state of	4375
fiscal watch.	4376

(F) The controlling board shall provide sufficient funds for	4377
any costs incurred by the auditor of state in determining if a	4378
fiscal caution exists and for providing technical and support	4379
services.	4380

Sec. 118.04. (A) The existence of a fiscal emergency	4381
condition constitutes a fiscal emergency. The existence of fiscal	4382
emergency conditions shall be determined by the auditor of state.	4383
Such determination, for purposes of this chapter, may be made only	4384
upon the filing with the auditor of state of a written request for	4385
such a determination by the governor, by the county budget	4386
commission, by the mayor of the municipal corporation, or by the	4387
presiding officer of the legislative authority of the municipal	4388
corporation when authorized by a majority of the members of such	4389
legislative authority, by the board of county commissioners, or by	4390
the board of township trustees, or upon initiation by the auditor	4391
of state. The request may designate in general or specific terms,	4392
but without thereby limiting the determination thereto, the	4393
condition or conditions to be examined to determine whether they	4394
constitute fiscal emergency conditions. Promptly upon receipt of	4395
such written request, or upon initiation by the auditor of state,	4396
the auditor of state shall transmit copies of such request or a	4397
written notice of such initiation to the mayor and the presiding	4398
officer of the legislative authority of the municipal corporation	4399
or to the board of county commissioners or the board of township	4400
trustees by personal service or certified mail. Such	4401
determinations shall be set forth in written reports and	4402
supplemental reports, which shall be filed with the mayor, fiscal	4403
officer, and presiding officer of the legislative authority of the	4404
municipal corporation, or with the board of county commissioners	4405
or the board of township trustees, and with the treasurer of	4406
state, secretary of state, governor, director of budget and	4407
management, and county budget commission, within thirty days after	4408
the request. The auditor of state shall so file an initial report	4409
immediately upon determining the existence of any fiscal emergency	4410
condition.	4411

(B) In making such determination, the auditor of state may	4412
rely on reports or other information filed or otherwise made	4413
available by the municipal corporation, county, or township,	4414
accountants' reports, or other sources and data the auditor of	4415
state considers reliable for such purpose. As to the status of	4416
funds or accounts, a determination that the amounts stated in	4417
section 118.03 of the Revised Code are exceeded may be made	4418
without need for determination of the specific amount of the	4419
excess. The auditor of state may engage the services of	4420
independent certified or registered public accountants, including	4421
public accountants engaged or previously engaged by the municipal	4422
corporation, county, or township, to conduct audits or make	4423
reports or render such opinions as the auditor of state considers	4424
desirable with respect to any aspect of the determinations to be	4425
made by the auditor of state.	4426

(C) A determination by the auditor of state under this	4427
section that a fiscal emergency condition does not exist is final	4428
and conclusive and not appealable. A determination by the auditor	4429
of state under this section that a fiscal emergency exists is	4430
final, except that the mayor of any municipal corporation affected	4431
by a determination of the existence of a fiscal emergency	4432
condition under this section, when authorized by a majority of the	4433
members of the legislative authority, or the board of county	4434
commissioners or board of township trustees, may appeal the	4435
determination of the existence of a fiscal emergency condition to	4436
the court of appeals having territorial jurisdiction over the	4437
municipal corporation, county, or township. The appeal shall be	4438
heard expeditiously by the court of appeals and for good cause	4439
shown shall take precedence over all other civil matters except	4440
earlier matters of the same character. Notice of such appeal must	4441
be filed with the auditor of state and such court within thirty	4442
days after certification by the auditor of state to the mayor and	4443
presiding officer of the legislative authority of the municipal	4444
corporation or to the board of county commissioners or board of	4445
township trustees as provided for in division (A) of this section.	4446
In such appeal, determinations of the auditor of state shall be	4447
presumed to be valid and the municipal corporation, county, or	4448
township shall have the burden of proving, by clear and convincing	4449
evidence, that each of the determinations made by the auditor of	4450
state as to the existence of a fiscal emergency condition under	4451
section 118.03 of the Revised Code was in error. If the municipal	4452
corporation, county, or township fails, upon presentation of its	4453
case, to prove by clear and convincing evidence that each such	4454
determination by the auditor of state was in error, the court	4455
shall dismiss the appeal. The municipal corporation, county, or	4456
township and the auditor of state may introduce any evidence	4457
relevant to the existence or nonexistence of such fiscal emergency	4458
conditions at the times indicated in the applicable provisions of	4459
divisions (A) and (B) of section 118.03 of the Revised Code. The	4460
pendency of any such appeal shall not affect or impede the	4461
operations of this chapter; no restraining order, temporary	4462
injunction, or other similar restraint upon actions consistent	4463
with this chapter shall be imposed by the court or any court	4464
pending determination of such appeal; and all things may be done	4465
under this chapter that may be done regardless of the pendency of	4466
any such appeal. Any action taken or contract executed pursuant to	4467
this chapter during the pendency of such appeal is valid and	4468
enforceable among all parties, notwithstanding the decision in	4469
such appeal. If the court of appeals reverses the determination of	4470
the existence of a fiscal emergency condition by the auditor of	4471
state, the determination no longer has any effect, and any	4472
procedures undertaken as a result of the determination shall be	4473
terminated.	4474

(D) ~~All~~The auditor of state shall be reimbursed for any	4475
expenses incurred ~~by the auditor of state~~ relating to a	4476
determination or termination of a fiscal emergency under this	4477
section or a fiscal watch under section 118.021 of the Revised	4478
Code ~~shall be reimbursed from an appropriation for that purpose~~,	4479
including technical and support services. If necessary, the	4480
controlling board shall provide sufficient funds for these	4481
purposes.	4482

Sec. 118.05. (A) Pursuant to the powers of the general	4483
assembly and for the purposes of this chapter, upon the occurrence	4484
of a fiscal emergency in any municipal corporation, county, or	4485
township, as determined pursuant to section 118.04 of the Revised	4486
Code, there is established, with respect to that municipal	4487
corporation, county, or township, a body both corporate and	4488
politic constituting an agency and instrumentality of the state	4489
and performing essential governmental functions of the state to be	4490
known as the "financial planning and supervision commission for	4491
............... (name of municipal corporation, county, or	4492
township)," which, in that name, may exercise all authority vested	4493
in such a commission by this chapter. AExcept as otherwise	4494
provided in division (L) of this section, a separate commission is	4495
established with respect to each municipal corporation, county, or	4496
township as to which there is a fiscal emergency as determined	4497
under this chapter.	4498

(B) A commission shall consist of the following voting	4499
members:	4500

(1) Four ex officio members: the treasurer of state; the	4501
director of budget and management; in the case of a municipal	4502
corporation, the ~~mayor of the municipal corporation and the~~	4503
presiding officer of the legislative authority of the municipal	4504
corporation; in the case of a county, the president of the board	4505
of county commissioners ~~and the county auditor~~; ~~and~~ in the case of	4506
a township, a member of the board of township trustees; and the	4507
county auditor or county fiscal officer.	4508

The treasurer of state may designate a deputy treasurer or	4509
director within the office of the treasurer of state or any other	4510
appropriate person who is not an employee of the treasurer of	4511
state's office; the director of budget and management may	4512
designate an individual within the office of budget and management	4513
or any other appropriate person who is not an employee of the	4514
office of budget and management; ~~the mayor may designate a~~	4515
~~responsible official within the mayor's office or the fiscal~~	4516
~~officer of the municipal corporation;~~ the presiding officer of the	4517
legislative authority of the municipal corporation may designate	4518
any other member of the legislative authority; the board of county	4519
commissioners may designate any other member of the board ~~or the~~	4520
~~fiscal officer of the county~~; and the board of township trustees	4521
may designate any other member of the board or the fiscal officer	4522
of the township to attend the meetings of the commission when the	4523
ex officio member is absent or unable for any reason to attend. A	4524
designee, when present, shall be counted in determining whether a	4525
quorum is present at any meeting of the commission and may vote	4526
and participate in all proceedings and actions of the commission.	4527
The designations shall be in writing, executed by the ex officio	4528
member or entity making the designation, and filed with the	4529
secretary of the commission. The designations may be changed from	4530
time to time in like manner, but due regard shall be given to the	4531
need for continuity.	4532

(2) ~~If a municipal corporation, county, or township has a~~	4533
~~population of at least one thousand, three members nominated and~~	4534
~~appointed as follows:~~	4535

~~The mayor and presiding officer of the legislative authority~~	4536
~~of the municipal corporation, the board of county commissioners,~~	4537
~~or the board of township trustees shall, within ten days after the~~	4538
~~determination of the fiscal emergency by the auditor of state~~	4539
~~under section 118.04 of the Revised Code, submit in writing to the~~	4540
~~governor the nomination of five persons agreed to by them and~~	4541
~~meeting the qualifications set forth in this division. If the~~	4542
~~governor is not satisfied that at least three of the nominees are~~	4543
~~well qualified, the governor shall notify the mayor and presiding~~	4544
~~officer, or the board of county commissioners, or the board of~~	4545
~~township trustees to submit in writing, within five days,~~	4546
~~additional nominees agreed upon by them, not exceeding three. The~~	4547
~~governor shall appoint three members from all the agreed-upon~~	4548
~~nominees so submitted or a lesser number that the governor~~	4549
~~considers well qualified within thirty days after receipt of the~~	4550
~~nominations, and shall fill any remaining positions on the~~	4551
~~commission by appointment of any other persons meeting the~~	4552
~~qualifications set forth in this division. All appointments by the~~	4553
~~governor shall be made with the advice and consent of the senate.~~	4554
~~Each of the three appointed members shall serve during the life of~~	4555
~~the commission, subject to removal by the governor for~~	4556
~~misfeasance, nonfeasance, or malfeasance in office. In the event~~	4557
~~of the death, resignation, incapacity, removal, or ineligibility~~	4558
~~to serve of an appointed member, the governor, pursuant to the~~	4559
~~process for original appointment, shall appoint a successor.~~	4560

~~(3) If a municipal corporation, county, or township has a~~	4561
~~population of less than one thousand, one member nominated and~~	4562
~~appointed as follows:~~	4563

~~The mayor and presiding officer of the legislative authority~~	4564
~~of the municipal corporation, the board of county commissioners,~~	4565
~~or the board of township trustees shall, within ten days after the~~	4566
~~determination of the fiscal emergency by the auditor of state~~	4567
~~under section 118.04 of the Revised Code, submit in writing to the~~	4568
~~governor the nomination of three persons agreed to by them and~~	4569
~~meeting the qualifications set forth in this division. If the~~	4570
~~governor is not satisfied that at least one of the nominees is~~	4571
~~well qualified, the governor shall notify the mayor and presiding~~	4572
~~officer, or the board of county commissioners, or the board of~~	4573
~~township trustees to submit in writing, within five days,~~	4574
~~additional nominees agreed upon by them, not exceeding three. The~~	4575
~~governor shall appoint one member from all the agreed-upon~~	4576
~~nominees so submitted or shall fill the position on the commission~~	4577
~~by appointment of any other person meeting the qualifications set~~	4578
~~forth in this division. All appointments by the governor shall be~~	4579
~~made with the advice and consent of the senate. The appointed~~	4580
~~member shall serve during the life of the commission, subject to~~	4581
~~removal by the governor for misfeasance, nonfeasance, or~~	4582
~~malfeasance in office. In the event of the death, resignation,~~	4583
~~incapacity, removal, or ineligibility to serve of the appointed~~	4584
~~member, the governor, pursuant to the process for original~~	4585
~~appointment, shall appoint a successor.~~	4586

~~Each appointed member shall be an individual:~~

4587

~~(a) Who has knowledge and experience in financial matters,~~	4588
~~financial management, or business organization or operations;~~	4589

~~(b) Whose~~One member appointed by the governor, whose	4590
residency, office, or principal place of professional or business	4591
activity is situated within the municipal corporation, county, or	4592
township;	4593

~~(c) Who shall not become a candidate for elected public~~	4594
~~office while serving as a member of the commission~~.	4595

(C) Immediately after appointment of the initial appointed	4596
member ~~or members~~ of the commission, the governor shall call the	4597
first meeting of the commission and shall cause written notice of	4598
the time, date, and place of the first meeting to be given to each	4599
member of the commission at least forty-eight hours in advance of	4600
the meeting.	4601

(D) The director of budget and management shall serve as	4602
chairperson of the commission. The commission shall elect one of	4603
its members to serve as vice-chairperson and may appoint a	4604
secretary and any other officers, who need not be members of the	4605
commission, it considers necessary. The chairperson may remove the	4606
member appointed by the governor if that member fails to attend	4607
three consecutive meetings. In that event, the governor shall fill	4608
the vacancy in the same manner as the original appointment.	4609

(E) The commission may adopt and alter bylaws and rules,	4610
which shall not be subject to section 111.15 or Chapter 119. of	4611
the Revised Code, for the conduct of its affairs and for the	4612
manner, subject to this chapter, in which its powers and functions	4613
shall be exercised and embodied.	4614

(F) ~~Four members of a commission established pursuant to~~	4615
~~divisions (B)(1) and (2) of this section constitute a quorum of~~	4616
~~the commission. The affirmative vote of a majority of the members~~	4617
~~of such a commission is necessary for any action taken by vote of~~	4618
~~the commission.~~ Three members of a commission ~~established~~	4619
~~pursuant to divisions (B)(1) and (3) of this section~~ constitute a	4620
quorum of the commission. The affirmative vote of a majority of	4621
the members of ~~such a~~the commission is necessary for any action	4622
taken by vote of the commission. No vacancy in the membership of	4623
the commission shall impair the rights of a quorum by such vote to	4624
exercise all the rights and perform all the duties of the	4625
commission. Members of the commission, and their designees, are	4626
not disqualified from voting by reason of the functions of the	4627
other office they hold and are not disqualified from exercising	4628
the functions of the other office with respect to the municipal	4629
corporation, county, or township, its officers, or the commission.	4630

(G) The auditor of state shall serve as the "financial	4631
supervisor" to the commission unless the auditor of state elects	4632
to contract for that service. As used in this chapter, "financial	4633
supervisor" means the auditor of state.	4634

(H) At the request of the commission, the auditor of state	4635
shall designate employees of the auditor of state's office to	4636
assist the commission and the financial supervisor and to	4637
coordinate the work of the auditor of state's office and the	4638
financial supervisor. Upon the determination of a fiscal emergency	4639
in any municipal corporation, county, or township, the municipal	4640
corporation, county, or township shall provide the commission with	4641
such reasonable office space in the principal building housing	4642
city, county, or township government, where feasible, as it	4643
determines is necessary to carry out its duties under this	4644
chapter.	4645

(I) The financial supervisor, the members of the commission,	4646
the auditor of state, and any person authorized to act on behalf	4647
of or assist them shall not be personally liable or subject to any	4648
suit, judgment, or claim for damages resulting from the exercise	4649
of or failure to exercise the powers, duties, and functions	4650
granted to them in regard to their functioning under this chapter,	4651
but the commission, the financial supervisor, the auditor of	4652
state, and those other persons shall be subject to mandamus	4653
proceedings to compel performance of their duties under this	4654
chapter and with respect to any debt obligations issued pursuant	4655
or subject to this chapter.	4656

(J) At the request of the commission, the administrative head	4657
of any state agency shall temporarily assign personnel skilled in	4658
accounting and budgeting procedures to assist the commission or	4659
the financial supervisor in its duties as financial supervisor.	4660

(K) The appointed members of the commission are not subject	4661
to section 102.02 of the Revised Code. Each appointed member of	4662
the commission shall file with the commission a signed written	4663
statement setting forth the general nature of sales of goods,	4664
property, or services or of loans to the municipal corporation,	4665
county, or township with respect to which that commission is	4666
established, in which the appointed member has a pecuniary	4667
interest or in which any member of the appointed member's	4668
immediate family, as defined in section 102.01 of the Revised	4669
Code, or any corporation, partnership, or enterprise of which the	4670
appointed member is an officer, director, or partner, or of which	4671
the appointed member or a member of the appointed member's	4672
immediate family, as so defined, owns more than a five per cent	4673
interest, has a pecuniary interest, and of which sale, loan, or	4674
interest such member has knowledge. The statement shall be	4675
supplemented from time to time to reflect changes in the general	4676
nature of any such sales or loans.	4677

(L) A commission is not established with respect to any	4678
village or township with a population of less than two thousand	4679
five hundred as of the most recent federal decennial census. Upon	4680
the occurrence of a fiscal emergency in such a village or	4681
township, the auditor of state shall serve as the financial	4682
supervisor of the township and shall have all the powers and	4683
responsibilities of a commission.	4684

Sec. 118.06. (A) Within one hundred twenty days after the	4685
first meeting of the commission, the mayor of the municipal	4686
corporation or the board of county commissioners or board of	4687
township trustees shall submit to the commission a detailed	4688
financial plan, as approved or amended and approved by ordinance	4689
or resolution of the legislative authority, containing the	4690
following:	4691

(1) Actions to be taken by the municipal corporation, county,	4692
or township to:	4693

(a) Eliminate all fiscal emergency conditions determined to	4694
exist pursuant to section 118.04 of the Revised Code;	4695

(b) Satisfy any judgments, past due accounts payable, and all	4696
past due and payable payroll and fringe benefits;	4697

4698

(d) Restore to construction funds and other special funds	4699
moneys from such funds that were used for purposes not within the	4700
purposes of such funds, or borrowed from such construction funds	4701
by the purchase of debt obligations of the municipal corporation,	4702
county, or township with the moneys of such funds, or missing from	4703
the construction funds or such special funds and not accounted	4704
for;	4705

(e) Balance the budgets, avoid future deficits in any funds,	4706
and maintain current payments of payroll, fringe benefits, and all	4707
accounts;	4708

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

4709

(g) Restore the ability of the municipal corporation, county,	4710
or township to market long-term general obligation bonds under	4711
provisions of law applicable to municipal corporations, counties,	4712
or townships generally.	4713

(2) The legal authorities permitting the municipal	4714
corporation, county, or township to take the actions enumerated	4715
pursuant to division (A)(1) of this section;	4716

(3) The approximate dates of the commencement, progress upon,	4717
and completion of the actions enumerated pursuant to division	4718
(A)(1) of this section, a five-year forecast reflecting the	4719
effects of those actions, and a reasonable period of time	4720
expected to be required to implement the plan. The municipal	4721
corporation, county, or township, in consultation with the	4722
commission and the financial supervisor, shall prepare a	4723
reasonable time schedule for progress toward and achievement of	4724
the requirements for the financial plan and the financial plan	4725
shall be consistent with that time schedule.	4726

(4) The amount and purpose of any issue of debt obligations	4727
that will be issued, together with assurances that any such debt	4728
obligations that will be issued will not exceed debt limits	4729
supported by appropriate certifications by the fiscal officer of	4730
the municipal corporation, county, or township and the county	4731
auditor;	4732

(5) Assurances that the municipal corporation, county, or	4733
township will establish monthly levels of expenditures and	4734
encumbrances pursuant to division (B)(2) of section 118.07 of the	4735
Revised Code;	4736

(6) Assurances that the municipal corporation, county, or	4737
township will conform to statutes with respect to tax budgets and	4738
appropriation measures;	4739

(7) The detail, the form, and the supporting information that	4740
the commission may direct.	4741

(B) The financial plan developed pursuant to division (A) of	4742
this section shall be filed with the financial supervisor and the	4743
financial planning and supervision commission and shall be updated	4744
annually. After consultation with the financial supervisor, the	4745
commission shall either approve or reject any initial or	4746
subsequent financial plan. If the commission rejects the initial	4747
or any subsequent financial plan, it shall forthwith inform the	4748
mayor and legislative authority of the municipal corporation or	4749
the board of county commissioners or board of township trustees of	4750
the reasons for its rejection. Within thirty days after the	4751
rejection of any plan, the mayor with the approval of the	4752
legislative authority by the passage of an ordinance or	4753
resolution, or the board of county commissioners or board of	4754
township trustees, shall submit another plan meeting the	4755
requirements of divisions (A)(1) to (7) of this section, to the	4756
commission and the financial supervisor for approval or rejection	4757
by the commission.	4758

(C) Any initial or subsequent financial plan passed by the	4759
municipal corporation, county, or township shall be approved by	4760
the commission if it complies with divisions (A)(1) to (7) of this	4761
section, and if the commission finds that the plan is bona fide	4762
and can reasonably be expected to be implemented within the period	4763
specified in the plan.	4764

(D) Any financial plan may be amended subsequent to its	4765
adoption in the same manner as the passage and approval of the	4766
initial or subsequent plan pursuant to divisions (A) to (C) of	4767
this section.	4768

(E) If a municipal corporation, county, or township fails to	4769
submit a financial plan as required by this section, or fails to	4770
substantially comply with an approved financial plan, upon	4771
certification of the commission, all state funding for that	4772
municipal corporation, county, or township other than benefit	4773
assistance to individuals shall be escrowed until a feasible plan	4774
is submitted and approved or substantial compliance with the plan	4775
is achieved, as the case may be.	4776

Sec. 118.12. (A) After the date by which the municipal	4777
corporation, county, or township is required to submit a financial	4778
plan or segment of a financial plan to the financial planning and	4779
supervision commission, if the municipal corporation, county, or	4780
township has failed to submit a financial plan or segment as	4781
required by this chapter, expenditures from the general fund of	4782
the municipal corporation, county, or township in any month may	4783
not exceed eighty-five per cent of expenditures from the general	4784
fund for such month in the preceding fiscal year, except the	4785
commission may authorize a higher per cent for any month upon	4786
justification of need by the municipal corporation, county, or	4787
township. If considered prudent by the commission, expenditures	4788
from any other fund of the municipal corporation, county, or	4789
township also may be limited.	4790

(B) After submission of a proposed financial plan by the	4791
municipal corporation, county, or township to the commission,	4792
until approval or disapproval no expenditure may be made contrary	4793
to such proposed financial plan.	4794

(C) After disapproval by the commission of a proposed	4795
financial plan, no expenditure may be made by the municipal	4796
corporation, county, or township inconsistent with the reasons for	4797
disapproval given pursuant to division (B) of section 118.06 of	4798
the Revised Code; and if the municipal corporation, county, or	4799
township fails to submit a revised financial plan within the time	4800
required, the expenditure limits of division (A) of this section	4801
are applicable.	4802

(D) After approval of a financial plan, or any amendment	4803
thereof, no expenditure may be made contrary to the approved	4804
financial plan, or amendment thereof, without the advance approval	4805
of the financial supervisor. The commission, by a majority vote,	4806
may overrule the decision of the financial supervisor.	4807

Sec. 118.31. (A) If a municipal corporation, county, or	4808
township under a fiscal emergency has failed to submit a feasible	4809
financial plan as required under this chapter, or if a financial	4810
plan in effect for at least one hundred eighty days cannot be	4811
fully implemented within a period of five years, the municipal	4812
corporation, county, or township may do either of the following:	4813

(1) Proceed to formal bankruptcy protection under Chapter 9	4814
of the United States Bankruptcy Code, 11 U.S.C. 901, as amended,	4815
if approved by its financial supervisor, the financial planning	4816
and supervision commission, and the governor.	4817

(2) Enter receivership for restructuring or dissolution.

4818

(B)(1) Upon petition of the financial supervisor and approval	4819
of the commission, if any, the attorney general shall file a court	4820
action to dissolve a municipal corporation, county, or township if	4821
all of the following conditions apply:	4822

(a) The municipal corporation, county, or township has a	4823
population of less than five thousand as of the most recent	4824
federal decennial census.	4825

(b) The municipal corporation, county, or township has been	4826
under a fiscal emergency for at least two consecutive years.	4827

(c) Implementation of the financial plan of the municipal	4828
corporation, county, or township cannot reasonably be expected to	4829
correct and eliminate all fiscal emergency conditions within five	4830
years.	4831

(2) If the court finds that all of the conditions described	4832
in division (B)(1) of this section apply to the municipal	4833
corporation, county, or township, it shall enter an order removing	4834
the executive and legislative officers of the municipal	4835
corporation, county, or township and appoint a receiver to execute	4836
all management duties. The receiver, under court supervision,	4837
shall wind up the affairs of the municipal corporation, county, or	4838
township and dissolve it.	4839

Sec. 118.99. (A) During the fiscal emergency period, no	4840
officer or employee of the municipal corporation, county, or	4841
township shall do any of the following:	4842

(1) Knowingly enter into any contract, financial obligation,	4843
or other liability of the municipal corporation, county, or	4844
township involving an expenditure, or make any expenditure in	4845
excess of the amount permitted by section 118.12 of the Revised	4846
Code;	4847

(2) Knowingly enter into any contract, financial obligation,	4848
or other liability of the municipal corporation, county, or	4849
township, or knowingly execute or deliver debt obligations, or	4850
transfer, advance, or borrow moneys from one fund of the municipal	4851
corporation, county, or township to or for any other fund of the	4852
municipal corporation, county, or township where any of such	4853
actions are required to be approved by the financial planning and	4854
supervision commission unless such actions have been so approved	4855
or deemed to be approved as provided in or pursuant to this	4856
chapter;	4857

(3) Knowingly fail or refuse to take any of the actions	4858
required by this chapter for the preparation or amendment of the	4859
financial plan, or knowingly prepare, present, or certify any	4860
information or report for the commission or any of its employees,	4861
advisory committees, task forces, or agents that is false or	4862
misleading or which is recklessly prepared or presented without	4863
due care for its accuracy, or, upon learning that any such	4864
information is false or misleading, or was recklessly prepared or	4865
presented, knowingly fail promptly to advise the commission, or	4866
the employee, advisory committee, task force, or agent to whom	4867
such information was given, of that fact;	4868

(4) Knowingly use or cause to be used moneys of a	4869
construction fund for purposes other than the lawful purposes of	4870
the construction fund, or knowingly use or cause to be used moneys	4871
of a fund created under this chapter for the payment of principal	4872
and interest on debt obligations, or a bond retirement fund, or	4873
sinking fund for other than the payment of the principal of and	4874
interest on debt obligations or other authorized costs or payments	4875
from such funds, or knowingly fail to perform the duty of such	4876
officer or employee to cause the prompt deposit of moneys to any	4877
of the funds referred to in this division.	4878

(B) The prohibitions set forth in division (A) of this	4879
section are in addition to any other prohibitions provided by law	4880
for a municipal corporation, county, or township, or by or	4881
pursuant to a municipal charter.	4882

(C) In addition to any other penalty or liability provided by	4883
law for a municipal corporation, county, or township, or by or	4884
pursuant to a municipal charter, a violation of division (A)(1),	4885
(2), (3), or (4) of this section is a misdemeanor of the second	4886
degree. Upon conviction of any officer or employee of a municipal	4887
corporation, county, or township for any violation under division	4888
(A)(1), (2), (3), or (4) of this section, such officer or employee	4889
shall forfeit office or employment. For the seven-year period	4890
immediately following the date of conviction, such officer shall	4891
also be ineligible to hold any public office or other position of	4892
trust in this state or be employed by any public entity in this	4893
state.	4894

Sec. 121.03. The following administrative department heads	4895
shall be appointed by the governor, with the advice and consent of	4896
the senate, and shall hold their offices during the term of the	4897
appointing governor, and are subject to removal at the pleasure of	4898
the governor.	4899

(A) The director of budget and management;

4900

(B) The director of commerce;

4901

4902

(D) The director of agriculture;

4903

(E) The director of job and family services;

4904

(F) Until July 1, 1997, the director of liquor control;

4905

(G) The director of public safety;

4906

(H) The superintendent of insurance;

4907

(I) The director of development;

4908

(J) The tax commissioner;

4909

(K) The director of administrative services;

4910

(L) The director of natural resources;

4911

(M) The director of mental health;

4912

(N) The director of developmental disabilities;

4913

(O) The director of health;

4914

(P) The director of youth services;

4915

(Q) The director of rehabilitation and correction;

4916

(R) The director of environmental protection;

4917

(S) The director of aging;

4918

(T) The director of alcohol and drug addiction services;

4919

(U) The administrator of workers' compensation who meets the	4920
qualifications required under division (A) of section 4121.121 of	4921
the Revised Code;	4922

(V) The director of veterans services who meets the	4923
qualifications required under section 5902.01 of the Revised Code;	4924

(W) The chancellor of the Ohio board of regents.

4925

Sec. 121.04. Offices are created within the several	4926
departments as follows:	4927

In the department of commerce:

4928

		Commissioner of securities;		4929
		Superintendent of real estate and professional licensing;		4930
		Superintendent of financial institutions;		4931
		State fire marshal;		4932
		Superintendent of labor;		4933
		Superintendent of liquor control;		4934
		Superintendent of unclaimed funds.		4935

In the department of administrative services:

4936

		State architect and engineer;		4937
		Equal employment opportunity coordinator.		4938

In the department of agriculture:

4939

Chiefs of divisions as follows:

4940

		Administration;		4941
		Animal industry;		4942
		Dairy;		4943
		Food safety;		4944
		Plant industry;		4945
		Markets;		4946
		Meat inspection;		4947
		Consumer analytical laboratory;		4948
		Amusement ride safety;		4949
		Enforcement;		4950
		Weights and measures.		4951

In the department of natural resources:

4952

Chiefs of divisions as follows:

4953

				4954
		Mineral resources management;		4955
		Oil and gas resources management;		4956
		Forestry;		4957
		Natural areas and preserves;		4958
		Wildlife;		4959
		Geological survey;		4960
		Parks and recreation;		4961
		Watercraft;		4962
		Recycling and litter prevention;		4963
		Soil and water resources;		4964
		Engineering.		4965

In the department of insurance:

4966

		Deputy superintendent of insurance;		4967
		Assistant superintendent of insurance, technical;		4968
		Assistant superintendent of insurance, administrative;		4969
		Assistant superintendent of insurance, research.		4970

Sec. 121.22. (A) This section shall be liberally construed	4971
to require public officials to take official action and to conduct	4972
all deliberations upon official business only in open meetings	4973
unless the subject matter is specifically excepted by law.	4974

(B) As used in this section:

4975

(1) "Public body" means any of the following:

4976

(a) Any board, commission, committee, council, or similar	4977
decision-making body of a state agency, institution, or authority,	4978
and any legislative authority or board, commission, committee,	4979
council, agency, authority, or similar decision-making body of any	4980
county, township, municipal corporation, school district, or other	4981
political subdivision or local public institution;	4982

(b) Any committee or subcommittee of a body described in	4983
division (B)(1)(a) of this section;	4984

(c) A court of jurisdiction of a sanitary district organized	4985
wholly for the purpose of providing a water supply for domestic,	4986
municipal, and public use when meeting for the purpose of the	4987
appointment, removal, or reappointment of a member of the board of	4988
directors of such a district pursuant to section 6115.10 of the	4989
Revised Code, if applicable, or for any other matter related to	4990
such a district other than litigation involving the district. As	4991
used in division (B)(1)(c) of this section, "court of	4992
jurisdiction" has the same meaning as "court" in section 6115.01	4993
of the Revised Code.	4994

(2) "Meeting" means any prearranged discussion of the public	4995
business of the public body by a majority of its members.	4996

(3) "Regulated individual" means either of the following:

4997

(a) A student in a state or local public educational	4998
institution;	4999

(b) A person who is, voluntarily or involuntarily, an inmate,	5000
patient, or resident of a state or local institution because of	5001
criminal behavior, mental illness or retardation, disease,	5002
disability, age, or other condition requiring custodial care.	5003

(4) "Public office" has the same meaning as in section	5004
149.011 of the Revised Code.	5005

(C) All meetings of any public body are declared to be public	5006
meetings open to the public at all times. A member of a public	5007
body shall be present in person at a meeting open to the public to	5008
be considered present or to vote at the meeting and for purposes	5009
of determining whether a quorum is present at the meeting.	5010

The minutes of a regular or special meeting of any public	5011
body shall be promptly prepared, filed, and maintained and shall	5012
be open to public inspection. The minutes need only reflect the	5013
general subject matter of discussions in executive sessions	5014
authorized under division (G) or (J) of this section.	5015

(D) This section does not apply to any of the following:

5016

(1) A grand jury;

5017

(2) An audit conference conducted by the auditor of state or	5018
independent certified public accountants with officials of the	5019
public office that is the subject of the audit;	5020

(3) The adult parole authority when its hearings are	5021
conducted at a correctional institution for the sole purpose of	5022
interviewing inmates to determine parole or pardon;	5023

(4) The organized crime investigations commission established	5024
under section 177.01 of the Revised Code;	5025

(5) Meetings of a child fatality review board established	5026
under section 307.621 of the Revised Code and meetings conducted	5027
pursuant to sections 5153.171 to 5153.173 of the Revised Code;	5028

(6) The state medical board when determining whether to	5029
suspend a certificate without a prior hearing pursuant to division	5030
(G) of either section 4730.25 or 4731.22 of the Revised Code;	5031

(7) The board of nursing when determining whether to suspend	5032
a license or certificate without a prior hearing pursuant to	5033
division (B) of section 4723.281 of the Revised Code;	5034

(8) The state board of pharmacy when determining whether to	5035
suspend a license without a prior hearing pursuant to division (D)	5036
of section 4729.16 of the Revised Code;	5037

(9) The state chiropractic board when determining whether to	5038
suspend a license without a hearing pursuant to section 4734.37 of	5039
the Revised Code;	5040

(10) The executive committee of the emergency response	5041
commission when determining whether to issue an enforcement order	5042
or request that a civil action, civil penalty action, or criminal	5043
action be brought to enforce Chapter 3750. of the Revised Code;	5044

(11) The board of directors of the nonprofit corporation	5045
formed under section 187.01 of the Revised Code or any committee	5046
thereof, and the board of directors of any subsidiary of that	5047
corporation or a committee thereof;	5048

(12) An audit conference conducted by the audit staff of the	5049
department of job and family services with officials of the public	5050
office that is the subject of that audit under section 5101.37 of	5051
the Revised Code.	5052

(E) The controlling board, the development financing advisory	5053
council, the industrial technology and enterprise advisory	5054
council, the tax credit authority, or the minority development	5055
financing advisory board, when meeting to consider granting	5056
assistance pursuant to Chapter 122. or 166. of the Revised Code,	5057
in order to protect the interest of the applicant or the possible	5058
investment of public funds, by unanimous vote of all board,	5059
council, or authority members present, may close the meeting	5060
during consideration of the following information confidentially	5061
received by the authority, council, or board from the applicant:	5062

(1) Marketing plans;

5063

(2) Specific business strategy;

5064

(3) Production techniques and trade secrets;

5065

(4) Financial projections;

5066

(5) Personal financial statements of the applicant or members	5067
of the applicant's immediate family, including, but not limited	5068
to, tax records or other similar information not open to public	5069
inspection.	5070

The vote by the authority, council, or board to accept or	5071
reject the application, as well as all proceedings of the	5072
authority, council, or board not subject to this division, shall	5073
be open to the public and governed by this section.	5074

(F) Every public body, by rule, shall establish a reasonable	5075
method whereby any person may determine the time and place of all	5076
regularly scheduled meetings and the time, place, and purpose of	5077
all special meetings. A public body shall not hold a special	5078
meeting unless it gives at least twenty-four hours' advance notice	5079
to the news media that have requested notification, except in the	5080
event of an emergency requiring immediate official action. In the	5081
event of an emergency, the member or members calling the meeting	5082
shall notify the news media that have requested notification	5083
immediately of the time, place, and purpose of the meeting.	5084

The rule shall provide that any person, upon request and	5085
payment of a reasonable fee, may obtain reasonable advance	5086
notification of all meetings at which any specific type of public	5087
business is to be discussed. Provisions for advance notification	5088
may include, but are not limited to, mailing the agenda of	5089
meetings to all subscribers on a mailing list or mailing notices	5090
in self-addressed, stamped envelopes provided by the person.	5091

(G) Except as provided in division (J) of this section, the	5092
members of a public body may hold an executive session only after	5093
a majority of a quorum of the public body determines, by a roll	5094
call vote, to hold an executive session and only at a regular or	5095
special meeting for the sole purpose of the consideration of any	5096
of the following matters:	5097

(1) To consider the appointment, employment, dismissal,	5098
discipline, promotion, demotion, or compensation of a public	5099
employee or official, or the investigation of charges or	5100
complaints against a public employee, official, licensee, or	5101
regulated individual, unless the public employee, official,	5102
licensee, or regulated individual requests a public hearing.	5103
Except as otherwise provided by law, no public body shall hold an	5104
executive session for the discipline of an elected official for	5105
conduct related to the performance of the elected official's	5106
official duties or for the elected official's removal from office.	5107
If a public body holds an executive session pursuant to division	5108
(G)(1) of this section, the motion and vote to hold that executive	5109
session shall state which one or more of the approved purposes	5110
listed in division (G)(1) of this section are the purposes for	5111
which the executive session is to be held, but need not include	5112
the name of any person to be considered at the meeting.	5113

(2) To consider the purchase of property for public purposes,	5114
or for the sale of property at competitive bidding, if premature	5115
disclosure of information would give an unfair competitive or	5116
bargaining advantage to a person whose personal, private interest	5117
is adverse to the general public interest. No member of a public	5118
body shall use division (G)(2) of this section as a subterfuge for	5119
providing covert information to prospective buyers or sellers. A	5120
purchase or sale of public property is void if the seller or buyer	5121
of the public property has received covert information from a	5122
member of a public body that has not been disclosed to the general	5123
public in sufficient time for other prospective buyers and sellers	5124
to prepare and submit offers.	5125

If the minutes of the public body show that all meetings and	5126
deliberations of the public body have been conducted in compliance	5127
with this section, any instrument executed by the public body	5128
purporting to convey, lease, or otherwise dispose of any right,	5129
title, or interest in any public property shall be conclusively	5130
presumed to have been executed in compliance with this section	5131
insofar as title or other interest of any bona fide purchasers,	5132
lessees, or transferees of the property is concerned.	5133

(3) Conferences with an attorney for the public body	5134
concerning disputes involving the public body that are the subject	5135
of pending or imminent court action;	5136

(4) Preparing for, conducting, or reviewing negotiations or	5137
bargaining sessions with public employees concerning their	5138
compensation or other terms and conditions of their employment;	5139

(5) Matters required to be kept confidential by federal law	5140
or regulations or state statutes;	5141

(6) Details relative to the security arrangements and	5142
emergency response protocols for a public body or a public office,	5143
if disclosure of the matters discussed could reasonably be	5144
expected to jeopardize the security of the public body or public	5145
office;	5146

(7) In the case of a county hospital operated pursuant to	5147
Chapter 339. of the Revised Code, a joint township hospital	5148
operated pursuant to Chapter 513. of the Revised Code, or a	5149
municipal hospital operated pursuant to Chapter 749. of the	5150
Revised Code, to consider trade secrets, as defined in section	5151
1333.61 of the Revised Code.	5152

If a public body holds an executive session to consider any	5153
of the matters listed in divisions (G)(2) to (7) of this section,	5154
the motion and vote to hold that executive session shall state	5155
which one or more of the approved matters listed in those	5156
divisions are to be considered at the executive session.	5157

A public body specified in division (B)(1)(c) of this section	5158
shall not hold an executive session when meeting for the purposes	5159
specified in that division.	5160

(H) A resolution, rule, or formal action of any kind is	5161
invalid unless adopted in an open meeting of the public body. A	5162
resolution, rule, or formal action adopted in an open meeting that	5163
results from deliberations in a meeting not open to the public is	5164
invalid unless the deliberations were for a purpose specifically	5165
authorized in division (G) or (J) of this section and conducted at	5166
an executive session held in compliance with this section. A	5167
resolution, rule, or formal action adopted in an open meeting is	5168
invalid if the public body that adopted the resolution, rule, or	5169
formal action violated division (F) of this section.	5170

(I)(1) Any person may bring an action to enforce this	5171
section. An action under division (I)(1) of this section shall be	5172
brought within two years after the date of the alleged violation	5173
or threatened violation. Upon proof of a violation or threatened	5174
violation of this section in an action brought by any person, the	5175
court of common pleas shall issue an injunction to compel the	5176
members of the public body to comply with its provisions.	5177

(2)(a) If the court of common pleas issues an injunction	5178
pursuant to division (I)(1) of this section, the court shall order	5179
the public body that it enjoins to pay a civil forfeiture of five	5180
hundred dollars to the party that sought the injunction and shall	5181
award to that party all court costs and, subject to reduction as	5182
described in division (I)(2) of this section, reasonable	5183
attorney's fees. The court, in its discretion, may reduce an award	5184
of attorney's fees to the party that sought the injunction or not	5185
award attorney's fees to that party if the court determines both	5186
of the following:	5187

(i) That, based on the ordinary application of statutory law	5188
and case law as it existed at the time of violation or threatened	5189
violation that was the basis of the injunction, a well-informed	5190
public body reasonably would believe that the public body was not	5191
violating or threatening to violate this section;	5192

(ii) That a well-informed public body reasonably would	5193
believe that the conduct or threatened conduct that was the basis	5194
of the injunction would serve the public policy that underlies the	5195
authority that is asserted as permitting that conduct or	5196
threatened conduct.	5197

(b) If the court of common pleas does not issue an injunction	5198
pursuant to division (I)(1) of this section and the court	5199
determines at that time that the bringing of the action was	5200
frivolous conduct, as defined in division (A) of section 2323.51	5201
of the Revised Code, the court shall award to the public body all	5202
court costs and reasonable attorney's fees, as determined by the	5203
court.	5204

(3) Irreparable harm and prejudice to the party that sought	5205
the injunction shall be conclusively and irrebuttably presumed	5206
upon proof of a violation or threatened violation of this section.	5207

(4) A member of a public body who knowingly violates an	5208
injunction issued pursuant to division (I)(1) of this section may	5209
be removed from office by an action brought in the court of common	5210
pleas for that purpose by the prosecuting attorney or the attorney	5211
general.	5212

(J)(1) Pursuant to division (C) of section 5901.09 of the	5213
Revised Code, a veterans service commission shall hold an	5214
executive session for one or more of the following purposes unless	5215
an applicant requests a public hearing:	5216

(a) Interviewing an applicant for financial assistance under	5217
sections 5901.01 to 5901.15 of the Revised Code;	5218

(b) Discussing applications, statements, and other documents	5219
described in division (B) of section 5901.09 of the Revised Code;	5220

(c) Reviewing matters relating to an applicant's request for	5221
financial assistance under sections 5901.01 to 5901.15 of the	5222
Revised Code.	5223

(2) A veterans service commission shall not exclude an	5224
applicant for, recipient of, or former recipient of financial	5225
assistance under sections 5901.01 to 5901.15 of the Revised Code,	5226
and shall not exclude representatives selected by the applicant,	5227
recipient, or former recipient, from a meeting that the commission	5228
conducts as an executive session that pertains to the applicant's,	5229
recipient's, or former recipient's application for financial	5230
assistance.	5231

(3) A veterans service commission shall vote on the grant or	5232
denial of financial assistance under sections 5901.01 to 5901.15	5233
of the Revised Code only in an open meeting of the commission. The	5234
minutes of the meeting shall indicate the name, address, and	5235
occupation of the applicant, whether the assistance was granted or	5236
denied, the amount of the assistance if assistance is granted, and	5237
the votes for and against the granting of assistance.	5238

Sec. 121.37. (A)(1) There is hereby created the Ohio family	5239
and children first cabinet council. The council shall be composed	5240
of the superintendent of public instruction, the administrator of	5241
the rehabilitation services commission, and the directors of youth	5242
services, job and family services, mental health, health, alcohol	5243
and drug addiction services, developmental disabilities, aging,	5244
rehabilitation and correction, and budget and management. The	5245
chairperson of the council shall be the governor or the governor's	5246
designee and shall establish procedures for the council's internal	5247
control and management.	5248

The purpose of the cabinet council is to help families	5249
seeking government services. This section shall not be interpreted	5250
or applied to usurp the role of parents, but solely to streamline	5251
and coordinate existing government services for families seeking	5252
assistance for their children.	5253

(2) In seeking to fulfill its purpose, the council may do any	5254
of the following:	5255

(a) Advise and make recommendations to the governor and	5256
general assembly regarding the provision of services to children;	5257

(b) Advise and assess local governments on the coordination	5258
of service delivery to children;	5259

(c) Hold meetings at such times and places as may be	5260
prescribed by the council's procedures and maintain records of the	5261
meetings, except that records identifying individual children are	5262
confidential and shall be disclosed only as provided by law;	5263

(d) Develop programs and projects, including pilot projects,	5264
to encourage coordinated efforts at the state and local level to	5265
improve the state's social service delivery system;	5266

(e) Enter into contracts with and administer grants to county	5267
family and children first councils, as well as other county or	5268
multicounty organizations to plan and coordinate service delivery	5269
between state agencies and local service providers for families	5270
and children;	5271

(f) Enter into contracts with and apply for grants from	5272
federal agencies or private organizations;	5273

(g) Enter into interagency agreements to encourage	5274
coordinated efforts at the state and local level to improve the	5275
state's social service delivery system. The agreements may include	5276
provisions regarding the receipt, transfer, and expenditure of	5277
funds;	5278

(h) Identify public and private funding sources for services	5279
provided to alleged or adjudicated unruly children and children	5280
who are at risk of being alleged or adjudicated unruly children,	5281
including regulations governing access to and use of the services;	5282

(i) Collect information provided by local communities	5283
regarding successful programs for prevention, intervention, and	5284
treatment of unruly behavior, including evaluations of the	5285
programs;	5286

(j) Identify and disseminate publications regarding alleged	5287
or adjudicated unruly children and children who are at risk of	5288
being alleged or adjudicated unruly children and regarding	5289
programs serving those types of children;	5290

(k) Maintain an inventory of strategic planning facilitators	5291
for use by government or nonprofit entities that serve alleged or	5292
adjudicated unruly children or children who are at risk of being	5293
alleged or adjudicated unruly children.	5294

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

5295

(a) Reviews of service and treatment plans for children for	5296
which such reviews are requested;	5297

(b) Assistance as the council determines to be necessary to	5298
meet the needs of children referred by county family and children	5299
first councils;	5300

(c) Monitoring and supervision of a statewide, comprehensive,	5301
coordinated, multi-disciplinary, interagency system for infants	5302
and toddlers with developmental disabilities or delays and their	5303
families, as established pursuant to federal grants received and	5304
administered by the department of health for early intervention	5305
services under the "Individuals with Disabilities Education Act of	5306
2004," 20 U.S.C.A. 1400, as amended.	5307

(4) The cabinet council shall develop and implement the	5308
following:	5309

(a) An interagency process to select the indicators that will	5310
be used to measure progress toward increasing child well-being in	5311
the state and to update the indicators on an annual basis. The	5312
indicators shall focus on expectant parents and newborns thriving;	5313
infants and toddlers thriving; children being ready for school;	5314
children and youth succeeding in school; youth choosing healthy	5315
behaviors; and youth successfully transitioning into adulthood.	5316

(b) An interagency system to offer guidance and monitor	5317
progress toward increasing child well-being in the state and in	5318
each county;	5319

(c) An annual plan that identifies state-level agency efforts	5320
taken to ensure progress towards increasing child well-being in	5321
the state.	5322

On an annual basis, the cabinet council shall submit to the	5323
governor and the general assembly a report on the status of	5324
efforts to increase child well-being in the state. This report	5325
shall be made available to any other person on request.	5326

(B)(1) Each board of county commissioners shall establish a	5327
county family and children first council. The board may invite any	5328
local public or private agency or group that funds, advocates, or	5329
provides services to children and families to have a	5330
representative become a permanent or temporary member of its	5331
county council. Each county council must include the following	5332
individuals:	5333

(a) At least three individuals who are not employed by an	5334
agency represented on the council and whose families are or have	5335
received services from an agency represented on the council or	5336
another county's council. Where possible, the number of members	5337
representing families shall be equal to twenty per cent of the	5338
council's membership.	5339

(b) The director of the board of alcohol, drug addiction, and	5340
mental health services that serves the county, or, in the case of	5341
a county that has a board of alcohol and drug addiction services	5342
and a community mental health board, the directors of both boards.	5343
If a board of alcohol, drug addiction, and mental health services	5344
covers more than one county, the director may designate a person	5345
to participate on the county's council.	5346

(c) The health commissioner, or the commissioner's designee,	5347
of the board of health of each city and general health district in	5348
the county. If the county has two or more health districts, the	5349
health commissioner membership may be limited to the commissioners	5350
of the two districts with the largest populations.	5351

(d) The director of the county department of job and family	5352
services;	5353

(e) The executive director of the public children services	5354
agency;	5355

(f) The superintendent of the county board of developmental	5356
disabilities;	5357

(g) The superintendent of the city, exempted village, or	5358
local school district with the largest number of pupils residing	5359
in the county, as determined by the department of education, which	5360
shall notify each board of county commissioners of its	5361
determination at least biennially;	5362

(h) A school superintendent representing all other school	5363
districts with territory in the county, as designated at a	5364
biennial meeting of the superintendents of those districts;	5365

(i) A representative of the municipal corporation with the	5366
largest population in the county;	5367

(j) The president of the board of county commissioners or an	5368
individual designated by the board;	5369

(k) A representative of the regional office of the department	5370
of youth services;	5371

(l) A representative of the county's head start agencies, as	5372
defined in section 3301.32 of the Revised Code;	5373

(m) A representative of the county's early intervention	5374
collaborative established pursuant to the federal early	5375
intervention program operated under the "Individuals with	5376
Disabilities Education Act of 2004";	5377

(n) A representative of a local nonprofit entity that funds,	5378
advocates, or provides services to children and families.	5379

Notwithstanding any other provision of law, the public	5380
members of a county council are not prohibited from serving on the	5381
council and making decisions regarding the duties of the council,	5382
including those involving the funding of joint projects and those	5383
outlined in the county's service coordination mechanism	5384
implemented pursuant to division (C) of this section.	5385

The cabinet council shall establish a state appeals process	5386
to resolve disputes among the members of a county council	5387
concerning whether reasonable responsibilities as members are	5388
being shared. The appeals process may be accessed only by a	5389
majority vote of the council members who are required to serve on	5390
the council. Upon appeal, the cabinet council may order that state	5391
funds for services to children and families be redirected to a	5392
county's board of county commissioners.	5393

The county's juvenile court judge senior in service or	5394
another judge of the juvenile court designated by the	5395
administrative judge or, where there is no administrative judge,	5396
by the judge senior in service shall serve as the judicial advisor	5397
to the county family and children first council. The judge may	5398
advise the county council on the court's utilization of resources,	5399
services, or programs provided by the entities represented by the	5400
members of the county council and how those resources, services,	5401
or programs assist the court in its administration of justice.	5402
Service of a judge as a judicial advisor pursuant to this section	5403
is a judicial function.	5404

(2) The purpose of the county council is to streamline and	5405
coordinate existing government services for families seeking	5406
services for their children. In seeking to fulfill its purpose, a	5407
county council shall provide for the following:	5408

(a) Referrals to the cabinet council of those children for	5409
whom the county council cannot provide adequate services;	5410

(b) Development and implementation of a process that annually	5411
evaluates and prioritizes services, fills service gaps where	5412
possible, and invents new approaches to achieve better results for	5413
families and children;	5414

(c) Participation in the development of a countywide,	5415
comprehensive, coordinated, multi-disciplinary, interagency system	5416
for infants and toddlers with developmental disabilities or delays	5417
and their families, as established pursuant to federal grants	5418
received and administered by the department of health for early	5419
intervention services under the "Individuals with Disabilities	5420
Education Act of 2004";	5421

(d) Maintenance of an accountability system to monitor the	5422
county council's progress in achieving results for families and	5423
children;	5424

(e) Establishment of a mechanism to ensure ongoing input from	5425
a broad representation of families who are receiving services	5426
within the county system.	5427

(3) A county council shall develop and implement the	5428
following:	5429

(a) An interagency process to establish local indicators and	5430
monitor the county's progress toward increasing child well-being	5431
in the county;	5432

(b) An interagency process to identify local priorities to	5433
increase child well-being. The local priorities shall focus on	5434
expectant parents and newborns thriving; infants and toddlers	5435
thriving; children being ready for school; children and youth	5436
succeeding in school; youth choosing healthy behaviors; and youth	5437
successfully transitioning into adulthood and take into account	5438
the indicators established by the cabinet council under division	5439
(A)(4)(a) of this section.	5440

(c) An annual plan that identifies the county's interagency	5441
efforts to increase child well-being in the county.	5442

On an annual basis, the county council shall submit a report	5443
on the status of efforts by the county to increase child	5444
well-being in the county to the county's board of county	5445
commissioners and the cabinet council. This report shall be made	5446
available to any other person on request.	5447

(4)(a) Except as provided in division (B)(4)(b) of this	5448
section, a county council shall comply with the policies,	5449
procedures, and activities prescribed by the rules or interagency	5450
agreements of a state department participating on the cabinet	5451
council whenever the county council performs a function subject to	5452
those rules or agreements.	5453

(b) On application of a county council, the cabinet council	5454
may grant an exemption from any rules or interagency agreements of	5455
a state department participating on the council if an exemption is	5456
necessary for the council to implement an alternative program or	5457
approach for service delivery to families and children. The	5458
application shall describe the proposed program or approach and	5459
specify the rules or interagency agreements from which an	5460
exemption is necessary. The cabinet council shall approve or	5461
disapprove the application in accordance with standards and	5462
procedures it shall adopt. If an application is approved, the	5463
exemption is effective only while the program or approach is being	5464
implemented, including a reasonable period during which the	5465
program or approach is being evaluated for effectiveness.	5466

(5)(a) Each county council shall designate an administrative	5467
agent for the council from among the following public entities:	5468
the board of alcohol, drug addiction, and mental health services,	5469
including a board of alcohol and drug addiction or a community	5470
mental health board if the county is served by separate boards;	5471
the board of county commissioners; any board of health of the	5472
county's city and general health districts; the county department	5473
of job and family services; the county agency responsible for the	5474
administration of children services pursuant to section 5153.15 of	5475
the Revised Code; the county board of developmental disabilities;	5476
any of the county's boards of education or governing boards of	5477
educational service centers; or the county's juvenile court. Any	5478
of the foregoing public entities, other than the board of county	5479
commissioners, may decline to serve as the council's	5480
administrative agent.	5481

A county council's administrative agent shall serve as the	5482
council's appointing authority for any employees of the council.	5483
The council shall file an annual budget with its administrative	5484
agent, with copies filed with the county auditor and with the	5485
board of county commissioners, unless the board is serving as the	5486
council's administrative agent. The council's administrative agent	5487
shall ensure that all expenditures are handled in accordance with	5488
policies, procedures, and activities prescribed by state	5489
departments in rules or interagency agreements that are applicable	5490
to the council's functions.	5491

The administrative agent of a county council shall send	5492
notice of a member's absence if a member listed in division (B)(1)	5493
of this section has been absent from either three consecutive	5494
meetings of the county council or a county council subcommittee,	5495
or from one-quarter of such meetings in a calendar year, whichever	5496
is less. The notice shall be sent to the board of county	5497
commissioners that establishes the county council and, for the	5498
members listed in divisions (B)(1)(b), (c), (e), and (l) of this	5499
section, to the governing board overseeing the respective entity;	5500
for the member listed in division (B)(1)(f) of this section, to	5501
the county board of developmental disabilities that employs the	5502
superintendent; for a member listed in division (B)(1)(g) or (h)	5503
of this section, to the school board that employs the	5504
superintendent; for the member listed in division (B)(1)(i) of	5505
this section, to the mayor of the municipal corporation; for the	5506
member listed in division (B)(1)(k) of this section, to the	5507
director of youth services; and for the member listed in division	5508
(B)(1)(n) of this section, to that member's board of trustees.	5509

The administrative agent for a county council may do any of	5510
the following on behalf of the council:	5511

(i) Enter into agreements or administer contracts with public	5512
or private entities to fulfill specific council business. Such	5513
agreements and contracts are exempt from the competitive bidding	5514
requirements of section 307.86 of the Revised Code if they have	5515
been approved by the county council and they are for the purchase	5516
of family and child welfare or child protection services or other	5517
social or job and family services for families and children. The	5518
approval of the county council is not required to exempt	5519
agreements or contracts entered into under section 5139.34,	5520
5139.41, or 5139.43 of the Revised Code from the competitive	5521
bidding requirements of section 307.86 of the Revised Code.	5522

(ii) As determined by the council, provide financial	5523
stipends, reimbursements, or both, to family representatives for	5524
expenses related to council activity;	5525

(iii) Receive by gift, grant, devise, or bequest any moneys,	5526
lands, or other property for the purposes for which the council is	5527
established. The agent shall hold, apply, and dispose of the	5528
moneys, lands, or other property according to the terms of the	5529
gift, grant, devise, or bequest. Any interest or earnings shall be	5530
treated in the same manner and are subject to the same terms as	5531
the gift, grant, devise, or bequest from which it accrues.	5532

(b)(i) If the county council designates the board of county	5533
commissioners as its administrative agent, the board may, by	5534
resolution, delegate any of its powers and duties as	5535
administrative agent to an executive committee the board	5536
establishes from the membership of the county council. The board	5537
shall name to the executive committee at least the individuals	5538
described in divisions (B)(1)(b) to (h) of this section and may	5539
appoint the president of the board or another individual as the	5540
chair of the executive committee. The executive committee must	5541
include at least one family county council representative who does	5542
not have a family member employed by an agency represented on the	5543
council.	5544

(ii) The executive committee may, with the approval of the	5545
board, hire an executive director to assist the county council in	5546
administering its powers and duties. The executive director shall	5547
serve in the unclassified civil service at the pleasure of the	5548
executive committee. The executive director may, with the approval	5549
of the executive committee, hire other employees as necessary to	5550
properly conduct the county council's business.	5551

(iii) The board may require the executive committee to submit	5552
an annual budget to the board for approval and may amend or repeal	5553
the resolution that delegated to the executive committee its	5554
authority as the county council's administrative agent.	5555

(6) Two or more county councils may enter into an agreement	5556
to administer their county councils jointly by creating a regional	5557
family and children first council. A regional council possesses	5558
the same duties and authority possessed by a county council,	5559
except that the duties and authority apply regionally rather than	5560
to individual counties. Prior to entering into an agreement to	5561
create a regional council, the members of each county council to	5562
be part of the regional council shall meet to determine whether	5563
all or part of the members of each county council will serve as	5564
members of the regional council.	5565

(7) A board of county commissioners may approve a resolution	5566
by a majority vote of the board's members that requires the county	5567
council to submit a statement to the board each time the council	5568
proposes to enter into an agreement, adopt a plan, or make a	5569
decision, other than a decision pursuant to section 121.38 of the	5570
Revised Code, that requires the expenditure of funds for two or	5571
more families. The statement shall describe the proposed	5572
agreement, plan, or decision.	5573

Not later than fifteen days after the board receives the	5574
statement, it shall, by resolution approved by a majority of its	5575
members, approve or disapprove the agreement, plan, or decision.	5576
Failure of the board to pass a resolution during that time period	5577
shall be considered approval of the agreement, plan, or decision.	5578

An agreement, plan, or decision for which a statement is	5579
required to be submitted to the board shall be implemented only if	5580
it is approved by the board.	5581

(C) Each county shall develop a county service coordination	5582
mechanism. The county service coordination mechanism shall serve	5583
as the guiding document for coordination of services in the	5584
county. For children who also receive services under the help me	5585
grow program, the service coordination mechanism shall be	5586
consistent with rules adopted by the department of health under	5587
section 3701.61 of the Revised Code. All family service	5588
coordination plans shall be developed in accordance with the	5589
county service coordination mechanism. The mechanism shall be	5590
developed and approved with the participation of the county	5591
entities representing child welfare; mental retardation and	5592
developmental disabilities; alcohol, drug addiction, and mental	5593
health services; health; juvenile judges; education; the county	5594
family and children first council; and the county early	5595
intervention collaborative established pursuant to the federal	5596
early intervention program operated under the "Individuals with	5597
Disabilities Education Act of 2004." The county shall establish an	5598
implementation schedule for the mechanism. The cabinet council may	5599
monitor the implementation and administration of each county's	5600
service coordination mechanism.	5601

Each mechanism shall include all of the following:

5602

(1) A procedure for an agency, including a juvenile court, or	5603
a family voluntarily seeking service coordination, to refer the	5604
child and family to the county council for service coordination in	5605
accordance with the mechanism;	5606

(2) A procedure ensuring that a family and all appropriate	5607
staff from involved agencies, including a representative from the	5608
appropriate school district, are notified of and invited to	5609
participate in all family service coordination plan meetings;	5610

(3) A procedure that permits a family to initiate a meeting	5611
to develop or review the family's service coordination plan and	5612
allows the family to invite a family advocate, mentor, or support	5613
person of the family's choice to participate in any such meeting;	5614

(4) A procedure for ensuring that a family service	5615
coordination plan meeting is conducted for each child who receives	5616
service coordination under the mechanism and for whom an emergency	5617
out-of-home placement has been made or for whom a nonemergency	5618
out-of-home placement is being considered. The meeting shall be	5619
conducted within ten days of an emergency out-of-home placement.	5620
The meeting shall be conducted before a nonemergency out-of-home	5621
placement. The family service coordination plan shall outline how	5622
the county council members will jointly pay for services, where	5623
applicable, and provide services in the least restrictive	5624
environment.	5625

(5) A procedure for monitoring the progress and tracking the	5626
outcomes of each service coordination plan requested in the county	5627
including monitoring and tracking children in out-of-home	5628
placements to assure continued progress, appropriateness of	5629
placement, and continuity of care after discharge from placement	5630
with appropriate arrangements for housing, treatment, and	5631
education.	5632

(6) A procedure for protecting the confidentiality of all	5633
personal family information disclosed during service coordination	5634
meetings or contained in the comprehensive family service	5635
coordination plan.	5636

(7) A procedure for assessing the needs and strengths of any	5637
child or family that has been referred to the council for service	5638
coordination, including a child whose parent or custodian is	5639
voluntarily seeking services, and for ensuring that parents and	5640
custodians are afforded the opportunity to participate;	5641

(8) A procedure for development of a family service	5642
coordination plan described in division (D) of this section;	5643

(9) A local dispute resolution process to serve as the	5644
process that must be used first to resolve disputes among the	5645
agencies represented on the county council concerning the	5646
provision of services to children, including children who are	5647
abused, neglected, dependent, unruly, alleged unruly, or	5648
delinquent children and under the jurisdiction of the juvenile	5649
court and children whose parents or custodians are voluntarily	5650
seeking services. The local dispute resolution process shall	5651
comply with sections 121.38, 121.381, and 121.382 of the Revised	5652
Code. The local dispute resolution process shall be used to	5653
resolve disputes between a child's parents or custodians and the	5654
county council regarding service coordination. The county council	5655
shall inform the parents or custodians of their right to use the	5656
dispute resolution process. Parents or custodians shall use	5657
existing local agency grievance procedures to address disputes not	5658
involving service coordination. The dispute resolution process is	5659
in addition to and does not replace other rights or procedures	5660
that parents or custodians may have under other sections of the	5661
Revised Code.	5662

The cabinet council shall adopt rules in accordance with	5663
Chapter 119. of the Revised Code establishing an administrative	5664
review process to address problems that arise concerning the	5665
operation of a local dispute resolution process.	5666

Nothing in division (C)(4) of this section shall be	5667
interpreted as overriding or affecting decisions of a juvenile	5668
court regarding an out-of-home placement, long-term placement, or	5669
emergency out-of-home placement.	5670

(D) Each county shall develop a family service coordination	5671
plan that does all of the following:	5672

(1) Designates service responsibilities among the various	5673
state and local agencies that provide services to children and	5674
their families, including children who are abused, neglected,	5675
dependent, unruly, or delinquent children and under the	5676
jurisdiction of the juvenile court and children whose parents or	5677
custodians are voluntarily seeking services;	5678

(2) Designates an individual, approved by the family, to	5679
track the progress of the family service coordination plan,	5680
schedule reviews as necessary, and facilitate the family service	5681
coordination plan meeting process;	5682

(3) Ensures that assistance and services to be provided are	5683
responsive to the strengths and needs of the family, as well as	5684
the family's culture, race, and ethnic group, by allowing the	5685
family to offer information and suggestions and participate in	5686
decisions. Identified assistance and services shall be provided in	5687
the least restrictive environment possible.	5688

(4) Includes a process for dealing with a child who is	5689
alleged to be an unruly child. The process shall include methods	5690
to divert the child from the juvenile court system;	5691

(5) Includes timelines for completion of goals specified in	5692
the plan with regular reviews scheduled to monitor progress toward	5693
those goals;	5694

(6) Includes a plan for dealing with short-term crisis	5695
situations and safety concerns.	5696

(E)(1) The process provided for under division (D)(4) of this	5697
section may include, but is not limited to, the following:	5698

(a) Designation of the person or agency to conduct the	5699
assessment of the child and the child's family as described in	5700
division (C)(7) of this section and designation of the instrument	5701
or instruments to be used to conduct the assessment;	5702

(b) An emphasis on the personal responsibilities of the child	5703
and the parental responsibilities of the parents, guardian, or	5704
custodian of the child;	5705

(c) Involvement of local law enforcement agencies and	5706
officials.	5707

(2) The method to divert a child from the juvenile court	5708
system that must be included in the service coordination process	5709
may include, but is not limited to, the following:	5710

(a) The preparation of a complaint under section 2151.27 of	5711
the Revised Code alleging that the child is an unruly child and	5712
notifying the child and the parents, guardian, or custodian that	5713
the complaint has been prepared to encourage the child and the	5714
parents, guardian, or custodian to comply with other methods to	5715
divert the child from the juvenile court system;	5716

(b) Conducting a meeting with the child, the parents,	5717
guardian, or custodian, and other interested parties to determine	5718
the appropriate methods to divert the child from the juvenile	5719
court system;	5720

(c) A method to provide to the child and the child's family a	5721
short-term respite from a short-term crisis situation involving a	5722
confrontation between the child and the parents, guardian, or	5723
custodian;	5724

(d) A program to provide a mentor to the child or the	5725
parents, guardian, or custodian;	5726

(e) A program to provide parenting education to the parents,	5727
guardian, or custodian;	5728

(f) An alternative school program for children who are truant	5729
from school, repeatedly disruptive in school, or suspended or	5730
expelled from school;	5731

(g) Other appropriate measures, including, but not limited	5732
to, any alternative methods to divert a child from the juvenile	5733
court system that are identified by the Ohio family and children	5734
first cabinet council.	5735

(F) Each county may review and revise the service	5736
coordination process described in division (D) of this section	5737
based on the availability of funds under Title IV-A of the "Social	5738
Security Act," 110 Stat. 2113 (1996), 42 U.S.C.A. 601, as amended,	5739
or to the extent resources are available from any other federal,	5740
state, or local funds.	5741

Sec. 121.40. (A) There is hereby created the Ohio ~~community~~	5742
commission on service ~~council~~and volunteerism consisting of	5743
twenty-one voting members including the superintendent of public	5744
instruction or the superintendent's designee, the chancellor of	5745
the Ohio board of regents or the chancellor's designee, the	5746
director of youth services or the director's designee, the	5747
director of aging or the director's designee, the chairperson of	5748
the committee of the house of representatives dealing with	5749
education or the chairperson's designee, the chairperson of the	5750
committee of the senate dealing with education or the	5751
chairperson's designee, and fifteen members who shall be appointed	5752
by the governor with the advice and consent of the senate and who	5753
shall serve terms of office of three years. The appointees shall	5754
include educators, including teachers and administrators;	5755
representatives of youth organizations; students and parents;	5756
representatives of organizations engaged in volunteer program	5757
development and management throughout the state, including youth	5758
and conservation programs; and representatives of business,	5759
government, nonprofit organizations, social service agencies,	5760
veterans organizations, religious organizations, or philanthropies	5761
that support or encourage volunteerism within the state. The	5762
director of the governor's office of faith-based and community	5763
initiatives shall serve as a nonvoting ex officio member of the	5764
~~council~~commission. Members of the ~~council~~commission shall	5765
receive no compensation, but shall be reimbursed for actual and	5766
necessary expenses incurred in the performance of their official	5767
duties.	5768

(B) The ~~council~~commission shall appoint an executive	5769
director for the ~~council~~commission, who shall be in the	5770
unclassified civil service. The governor shall be informed of the	5771
appointment of an executive director before such an appointment is	5772
made. The executive director shall supervise the ~~council's~~	5773
commission's activities and report to the ~~council~~commission on	5774
the progress of those activities. The executive director shall do	5775
all things necessary for the efficient and effective	5776
implementation of the duties of the ~~council~~commission.	5777

The responsibilities assigned to the executive director do	5778
not relieve the members of the ~~council~~commission from final	5779
responsibility for the proper performance of the requirements of	5780
this section.	5781

(C) The ~~council~~commission or its designee shall do all of	5782
the following:	5783

(1) Employ, promote, supervise, and remove all employees as	5784
needed in connection with the performance of its duties under this	5785
section and may assign duties to those employees as necessary to	5786
achieve the most efficient performance of its functions, and to	5787
that end may establish, change, or abolish positions, and assign	5788
and reassign duties and responsibilities of any employee of the	5789
~~council~~commission. Personnel employed by the ~~council~~commission	5790
who are subject to Chapter 4117. of the Revised Code shall retain	5791
all of their rights and benefits conferred pursuant to that	5792
chapter. Nothing in this chapter shall be construed as eliminating	5793
or interfering with Chapter 4117. of the Revised Code or the	5794
rights and benefits conferred under that chapter to public	5795
employees or to any bargaining unit.	5796

(2) Maintain its office in Columbus, and may hold sessions at	5797
any place within the state;	5798

(3) Acquire facilities, equipment, and supplies necessary to	5799
house the ~~council~~commission, its employees, and files and records	5800
under its control, and to discharge any duty imposed upon it by	5801
law. The expense of these acquisitions shall be audited and paid	5802
for in the same manner as other state expenses. For that purpose,	5803
the ~~council~~commission shall prepare and submit to the office of	5804
budget and management a budget for each biennium according to	5805
sections 101.532 and 107.03 of the Revised Code. The budget	5806
submitted shall cover the costs of the ~~council~~commission and its	5807
staff in the discharge of any duty imposed upon the ~~council~~	5808
commission by law. The ~~council~~commission shall not delegate any	5809
authority to obligate funds.	5810

(4) Pay its own payroll and other operating expenses from	5811
line items designated by the general assembly;	5812

(5) Retain its fiduciary responsibility as appointing	5813
authority. Any transaction instructions shall be certified by the	5814
appointing authority or its designee.	5815

(6) Establish the overall policy and management of the	5816
~~council~~commission in accordance with this chapter;	5817

(7) Assist in coordinating and preparing the state	5818
application for funds under sections 101 to 184 of the "National	5819
and Community Service Act of 1990," 104 Stat. 3127 (1990), 42	5820
U.S.C.A. 12411 to 12544, as amended, assist in administering and	5821
overseeing the "National and Community Service Trust Act of 1993,"	5822
P.L. 103-82, 107 Stat. 785, and the americorps program in this	5823
state, and assist in developing objectives for a comprehensive	5824
strategy to encourage and expand community service programs	5825
throughout the state;	5826

(8) Assist the state board of education, school districts,	5827
the chancellor of the board of regents, and institutions of higher	5828
education in coordinating community service education programs	5829
through cooperative efforts between institutions and organizations	5830
in the public and private sectors;	5831

(9) Assist the departments of natural resources, youth	5832
services, aging, and job and family services in coordinating	5833
community service programs through cooperative efforts between	5834
institutions and organizations in the public and private sectors;	5835

(10) Suggest individuals and organizations that are available	5836
to assist school districts, institutions of higher education, and	5837
the departments of natural resources, youth services, aging, and	5838
job and family services in the establishment of community service	5839
programs and assist in investigating sources of funding for	5840
implementing these programs;	5841

(11) Assist in evaluating the state's efforts in providing	5842
community service programs using standards and methods that are	5843
consistent with any statewide objectives for these programs and	5844
provide information to the state board of education, school	5845
districts, the chancellor of the board of regents, institutions of	5846
higher education, and the departments of natural resources, youth	5847
services, aging, and job and family services to guide them in	5848
making decisions about these programs;	5849

(12) Assist the state board of education in complying with	5850
section 3301.70 of the Revised Code and the chancellor of the	5851
board of regents in complying with division (B)(2) of section	5852
3333.043 of the Revised Code;	5853

(13) Advise, assist, consult with, and cooperate with, by	5854
contract or otherwise, agencies and political subdivisions of this	5855
state in establishing a statewide system for volunteers pursuant	5856
to section 121.404 of the Revised Code.	5857

(D) The ~~council~~commission shall in writing enter into an	5858
agreement with another state agency to serve as the ~~council's~~	5859
commission's fiscal agent. Before entering into such an agreement,	5860
the ~~council~~commission shall inform the governor of the terms of	5861
the agreement and of the state agency designated to serve as the	5862
~~council's~~commission's fiscal agent. The fiscal agent shall be	5863
responsible for all the ~~council's~~commission's fiscal matters and	5864
financial transactions, as specified in the agreement. Services to	5865
be provided by the fiscal agent include, but are not limited to,	5866
the following:	5867

(1) Preparing and processing payroll and other personnel	5868
documents that the ~~council~~commission executes as the appointing	5869
authority;	5870

(2) Maintaining ledgers of accounts and reports of account	5871
balances, and monitoring budgets and allotment plans in	5872
consultation with the ~~council~~commission; and	5873

(3) Performing other routine support services that the fiscal	5874
agent considers appropriate to achieve efficiency.	5875

(E)(1) The ~~council~~commission, in conjunction and	5876
consultation with the fiscal agent, has the following authority	5877
and responsibility relative to fiscal matters:	5878

(a) Sole authority to draw funds for any and all federal	5879
programs in which the ~~council~~commission is authorized to	5880
participate;	5881

(b) Sole authority to expend funds from their accounts for	5882
programs and any other necessary expenses the ~~council~~commission	5883
may incur and its subgrantees may incur; and	5884

(c) Responsibility to cooperate with and inform the fiscal	5885
agent fully of all financial transactions.	5886

(2) The ~~council~~commission shall follow all state	5887
procurement, fiscal, human resources, statutory, and	5888
administrative rule requirements.	5889

(3) The fiscal agent shall determine fees to be charged to	5890
the ~~council~~commission, which shall be in proportion to the	5891
services performed for the ~~council~~commission.	5892

(4) The ~~council~~commission shall pay fees owed to the fiscal	5893
agent from a general revenue fund of the ~~council~~commission or	5894
from any other fund from which the operating expenses of the	5895
~~council~~commission are paid. Any amounts set aside for a fiscal	5896
year for the payment of these fees shall be used only for the	5897
services performed for the ~~council~~commission by the fiscal agent	5898
in that fiscal year.	5899

(F) The ~~council~~commission may accept and administer grants	5900
from any source, public or private, to carry out any of the	5901
~~council's~~commission's functions this section establishes.	5902

Sec. 121.401. (A) As used in this section and section	5903
121.402 of the Revised Code, "organization or entity" and	5904
"unsupervised access to a child" have the same meanings as in	5905
section 109.574 of the Revised Code.	5906

(B) The Ohio ~~community~~commission on service ~~council~~and	5907
volunteerism shall adopt a set of "recommended best practices" for	5908
organizations or entities to follow when one or more volunteers of	5909
the organization or entity have unsupervised access to one or more	5910
children or otherwise interact with one or more children. The	5911
"recommended best practices" shall focus on, but shall not be	5912
limited to, the issue of the safety of the children and, in	5913
addition, the screening and supervision of volunteers. The	5914
"recommended best practices" shall include as a recommended best	5915
practice that the organization or entity subject to a criminal	5916
records check performed by the bureau of criminal identification	5917
and investigation pursuant to section 109.57, section 109.572, or	5918
rules adopted under division (E) of section 109.57 of the Revised	5919
Code, all of the following:	5920

(1) All persons who apply to serve as a volunteer in a	5921
position in which the person will have unsupervised access to a	5922
child on a regular basis.	5923

(2) All volunteers who are in a position in which the person	5924
will have unsupervised access to a child on a regular basis and	5925
who the organization or entity has not previously subjected to a	5926
criminal records check performed by the bureau of criminal	5927
identification and investigation.	5928

(C) The set of "recommended best practices" required to be	5929
adopted by this section are in addition to the educational program	5930
required to be adopted under section 121.402 of the Revised Code.	5931

Sec. 121.402. (A) The Ohio ~~community~~commission on service	5932
~~council~~and volunteerism shall establish and maintain an	5933
educational program that does all of the following:	5934

(1) Makes available to parents and guardians of children	5935
notice about the provisions of sections 109.574 to 109.577,	5936
section 121.401, and section 121.402 of the Revised Code and	5937
information about how to keep children safe when they are under	5938
the care, custody, or control of a person other than the parent or	5939
guardian;	5940

(2) Makes available to organizations and entities information	5941
regarding the best methods of screening and supervising	5942
volunteers, how to obtain a criminal records check of a volunteer,	5943
confidentiality issues relating to reports of criminal records	5944
checks, and record keeping regarding the reports;	5945

(3) Makes available to volunteers information regarding the	5946
possibility of being subjected to a criminal records check and	5947
displaying appropriate behavior to minors;	5948

(4) Makes available to children advice on personal safety and	5949
information on what action to take if someone takes inappropriate	5950
action towards a child.	5951

(B) The program shall begin making the materials described in	5952
this section available not later than March 22, 2002.	5953

Sec. 121.403. (A) The Ohio ~~community~~commission on service	5954
~~council~~and volunteerism may do any of the following:	5955

(1) Accept monetary gifts or donations;

5956

(2) Sponsor conferences, meetings, or events in furtherance	5957
of the ~~council's~~commission's purpose described in section 121.40	5958
of the Revised Code and charge fees for participation or	5959
involvement in the conferences, meetings, or events;	5960

(3) Sell promotional items in furtherance of the ~~council's~~	5961
commission's purpose described in section 121.40 of the Revised	5962
Code.	5963

(B) All monetary gifts and donations, funds from the sale of	5964
promotional items, contributions received from the issuance of	5965
Ohio "volunteer" license plates pursuant to section 4503.93 of the	5966
Revised Code, and any fees paid to the ~~council~~commission for	5967
conferences, meetings, or events sponsored by the ~~council~~	5968
commission shall be deposited into the Ohio ~~community~~commission	5969
on service ~~council~~and volunteerism gifts and donations fund,	5970
which is hereby created in the state treasury. Moneys in the fund	5971
may be used only as follows:	5972

(1) To pay operating expenses of the ~~council~~commission,	5973
including payroll, personal services, maintenance, equipment, and	5974
subsidy payments;	5975

(2) To support ~~council~~commission programs promoting	5976
volunteerism and community service in the state;	5977

(3) As matching funds for federal grants.

5978

Sec. 121.404. (A) The Ohio ~~community~~commission on service	5979
~~council~~and volunteerism shall advise, assist, consult with, and	5980
cooperate with agencies and political subdivisions of this state	5981
to establish a statewide system for recruiting, registering,	5982
training, and deploying the types of volunteers the ~~council~~	5983
commission considers advisable and reasonably necessary to respond	5984
to an emergency declared by the state or political subdivision.	5985

(B) A registered volunteer is not liable in damages to any	5986
person or government entity in tort or other civil action,	5987
including an action upon a medical, dental, chiropractic,	5988
optometric, or other health-related claim or veterinary claim, for	5989
injury, death, or loss to person or property that may arise from	5990
an act or omission of that volunteer. This division applies to a	5991
registered volunteer while providing services within the scope of	5992
the volunteer's responsibilities during an emergency declared by	5993
the state or political subdivision or in disaster-related	5994
exercises, testing, or other training activities, if the	5995
volunteer's act or omission does not constitute willful or wanton	5996
misconduct.	5997

(C) The Ohio ~~community~~commission on service ~~council~~and	5998
volunteerism shall adopt rules pursuant to Chapter 119. of the	5999
Revised Code to establish fees, procedures, standards, and	6000
requirements the ~~council~~commission considers necessary to carry	6001
out the purposes of this section.	6002

(D)(1) A registered volunteer's status as a volunteer, and	6003
any information presented in summary, statistical, or aggregate	6004
form that does not identify an individual, is a public record	6005
pursuant to section 149.43 of the Revised Code.	6006

(2) Information related to a registered volunteer's specific	6007
and unique responsibilities, assignments, or deployment plans,	6008
including but not limited to training, preparedness, readiness, or	6009
organizational assignment, is a security record for purposes of	6010
section 149.433 of the Revised Code.	6011

(3) Information related to a registered volunteer's personal	6012
information, including but not limited to contact information,	6013
medical information, or information related to family members or	6014
dependents, is not a public record pursuant to section 149.43 of	6015
the Revised Code.	6016

(E) As used in this section and section 121.40 of the Revised	6017
Code:	6018

(1) "Registered volunteer" means any individual registered as	6019
a volunteer pursuant to procedures established under this section	6020
and who serves without pay or other consideration, other than the	6021
reasonable reimbursement or allowance for expenses actually	6022
incurred or the provision of incidental benefits related to the	6023
volunteer's service, such as meals, lodging, and childcare.	6024

(2) "Political subdivision" means a county, township, or	6025
municipal corporation in this state.	6026

Sec. 122.085. As used in sections 122.085 to 122.0820 of the	6027
Revised Code:	6028

(A)(1) "Allowable costs" includes costs related to the	6029
following:	6030

(a) Acquisition of land and buildings;

6031

(b) Building construction;

6032

(c) Making improvements to land and buildings, including the	6033
following:	6034

(i) Expanding, reconstructing, rehabilitating, remodeling,	6035
renovating, enlarging, modernizing, equipping, and furnishing	6036
buildings and structures, including leasehold improvements;	6037

(ii) Site preparation, including wetland mitigation.

6038

(d) Planning or determining feasibility or practicability;

6039

(e) Indemnity or surety bonds and premiums on insurance;

6040

(f) Remediation, in compliance with state and federal	6041
environmental protection laws, of environmentally contaminated	6042
property on which hazardous substances exist under conditions that	6043
have caused or would likely cause the property to be identified as	6044
contaminated by the Ohio environmental protection agency or the	6045
United States environmental protection agency;	6046

(g) Infrastructure improvements, including the following:

6047

(i) Demolition of buildings and other structures;

6048

(ii) Installation or relocation of water, storm water and	6049
sanitary sewer lines, water and waste water treatment facilities,	6050
pump stations, and water storage mechanisms and other similar	6051
equipment or facilities;	6052

(iii) Construction of roads, bridges, traffic control	6053
devices, and parking lots and facilities;	6054

(iv) Construction of utility infrastructure such as natural	6055
gas, electric, and telecommunications, including broadband and	6056
hookups;	6057

(v) Water and railway access improvements;

6058

(vi) Costs of professional services.

6059

(2) "Allowable costs" do not include administrative costs	6060
assessed by or fees paid to the recipient of a grant.	6061

(B) "~~District public works~~Local government integrating and	6062
innovation committees" means those committees established under	6063
section 164.04 of the Revised Code.	6064

(C) "Eligible applicant" includes any political subdivision	6065
or ~~non-profit~~nonprofit economic development organization, and,	6066
with prior approval of the director of development, private,	6067
for-profit entities. "Eligible applicant" does not include public	6068
or private institutions of higher education.	6069

(D) "Eligible project" includes projects that, upon	6070
completion, will be sites and facilities primarily intended for	6071
commercial, industrial, or manufacturing use. "Eligible projects"	6072
do not include sites and facilities intended primarily for	6073
residential, retail, or government use.	6074

(E) "Professional services" includes legal, environmental,	6075
archeological, engineering, architectural, surveying, design, or	6076
other similar services performed in conjunction with an eligible	6077
project. "Professional services" also includes designs, plans,	6078
specifications, surveys, estimates of costs, and other work	6079
products.	6080

Sec. 122.088. In order to be considered for a grant under	6081
the annual competitive process, an eligible applicant shall fill	6082
out an application provided by the department of development and	6083
shall file it with the ~~district public works~~local government	6084
integrating and innovation committee with jurisdiction over the	6085
area in which the eligible project is located.	6086

Sec. 122.0810. (A) Each application for a grant pursuant to	6087
the annual competitive process received by a ~~district public works~~	6088
local government integrating and innovation committee shall be	6089
evaluated by the executive committee of the district committee. In	6090
conducting the evaluation, the executive committee shall determine	6091
whether the application for the proposed eligible project is	6092
complete and whether the project meets the requirements of section	6093
122.0815 of the Revised Code. If the application is complete and	6094
the eligible project meets the requirements of section 122.0815 of	6095
the Revised Code, the executive committee shall prioritize the	6096
eligible project pursuant to section 122.0816 of the Revised Code	6097
and pursuant to local priorities, as those priorities are	6098
determined by the executive committee, with all other eligible	6099
projects with complete applications that meet the requirements of	6100
section 122.0815 of the Revised Code. If the application is	6101
incomplete or the project does not meet the requirements of	6102
section 122.0815 of the Revised Code, the executive committee	6103
shall notify the applicant of the deficiencies and the period of	6104
time the applicant has to correct the deficiencies and submit the	6105
corrections to the executive committee. Failure to correct	6106
deficiencies within the time designated by the executive committee	6107
shall disqualify the project from consideration for a grant during	6108
the annual competitive process for that year.	6109

The executive committee, by the affirmative vote of a	6110
majority of all its members, shall select up to three eligible	6111
projects from the projects it has prioritized each year pursuant	6112
to the annual competitive process. The executive committee shall	6113
forward the applications and any accompanying information for each	6114
of the selected eligible projects to the department of development	6115
in the time and manner required by the rules governing the annual	6116
competitive process for the job ready site program.	6117

(B) For a ~~district public works~~local government integrating	6118
and innovation committee that does not have an executive	6119
committee, the full committee shall perform the functions assigned	6120
to the executive committee under section 122.0816 of the Revised	6121
Code and division (A) of this section.	6122

(C) An executive committee, or a district committee that does	6123
not have an executive committee, may appoint a working group of	6124
committee members and staff to perform the functions of those	6125
committees as provided in this section.	6126

Sec. 122.0816. The department of development and the	6127
executive committees of ~~district public works~~local government	6128
integrating and innovation committees shall apply the following	6129
factors to eligible projects under the annual competitive process	6130
to determine a priority order for the eligible projects subject to	6131
that process:	6132

(A) The potential economic impact of the eligible project;

6133

(B) The potential impact of the eligible project on economic	6134
distress;	6135

(C) The amount of local, federal, and private funding	6136
available for the eligible project;	6137

(D) The demonstrated need for the eligible project;

6138

(E) The strength of the eligible project's marketing plan, if	6139
appropriate;	6140

(F) The level of financial need;

6141

(G) Any other factor the director of development determines	6142
should be considered.	6143

Sec. 122.0819. The rules adopted to govern the annual	6144
competitive process for the job ready site program may provide for	6145
recovery of the costs, or a portion thereof, incurred by ~~district~~	6146
~~public works~~local government integrating and innovation	6147
committees and executive committees in conducting their duties	6148
under the program.	6149

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

6150

(1) "Capital investment project" means a plan of investment	6151
at a project site for the acquisition, construction, renovation,	6152
or repair of buildings, machinery, or equipment, or for	6153
capitalized costs of basic research and new product development	6154
determined in accordance with generally accepted accounting	6155
principles, but does not include any of the following:	6156

(a) Payments made for the acquisition of personal property	6157
through operating leases;	6158

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

6159

(c) Payments made to a related member as defined in section	6160
5733.042 of the Revised Code or to a consolidated elected taxpayer	6161
or a combined taxpayer as defined in section 5751.01 of the	6162
Revised Code.	6163

(2) "Eligible business" means a taxpayer and its related	6164
members with Ohio operations satisfying all of the following:	6165

(a) The taxpayer employs at least five hundred full-time	6166
equivalent employees or has an annual payroll of at least	6167
thirty-five million dollars at the time the tax credit authority	6168
grants the tax credit under this section;	6169

(b) The taxpayer makes or causes to be made payments for the	6170
capital investment project of ~~either~~one of the following:	6171

(i) If the taxpayer is engaged at the project site primarily	6172
as a manufacturer, at least fifty million dollars in the aggregate	6173
at the project site during a period of three consecutive calendar	6174
years, including the calendar year that includes a day of the	6175
taxpayer's taxable year or tax period with respect to which the	6176
credit is granted;	6177

(ii) If the taxpayer is engaged at the project site primarily	6178
in significant corporate administrative functions, as defined by	6179
the director of development by rule, at least twenty million	6180
dollars in the aggregate at the project site during a period of	6181
three consecutive calendar years including the calendar year that	6182
includes a day of the taxpayer's taxable year or tax period with	6183
respect to which the credit is granted;	6184

(iii) If the taxpayer is applying to enter into an agreement	6185
for a tax credit authorized under division (B)(3) of this section,	6186
at least five million dollars in the aggregate at the project site	6187
during a period of three consecutive calendar years, including the	6188
calendar year that includes a day of the taxpayer's taxable year	6189
or tax period with respect to which the credit is granted.	6190

(c) The taxpayer had a capital investment project reviewed	6191
and approved by the tax credit authority as provided in divisions	6192
(C), (D), and (E) of this section.	6193

(3) "Full-time equivalent employees" means the quotient	6194
obtained by dividing the total number of hours for which employees	6195
were compensated for employment in the project by two thousand	6196
eighty. "Full-time equivalent employees" shall exclude hours that	6197
are counted for a credit under section 122.17 of the Revised Code.	6198

(4) "Income tax revenue" means the total amount withheld	6199
under section 5747.06 of the Revised Code by the taxpayer during	6200
the taxable year, or during the calendar year that includes the	6201
tax period, from the compensation of all employees employed in the	6202
project whose hours of compensation are included in calculating	6203
the number of full-time equivalent employees.	6204

(5) "Manufacturer" has the same meaning as in section	6205
5739.011 of the Revised Code.	6206

(6) "Project site" means an integrated complex of facilities	6207
in this state, as specified by the tax credit authority under this	6208
section, within a fifteen-mile radius where a taxpayer is	6209
primarily operating as an eligible business.	6210

(7) "Related member" has the same meaning as in section	6211
5733.042 of the Revised Code as that section existed on the	6212
effective date of its amendment by Am. Sub. H.B. 215 of the 122nd	6213
general assembly, September 29, 1997.	6214

(8) "Taxable year" includes, in the case of a domestic or	6215
foreign insurance company, the calendar year ending on the	6216
thirty-first day of December preceding the day the superintendent	6217
of insurance is required to certify to the treasurer of state	6218
under section 5725.20 or 5729.05 of the Revised Code the amount of	6219
taxes due from insurance companies.	6220

(B) The tax credit authority created under section 122.17 of	6221
the Revised Code may grant tax credits under this section for the	6222
purpose of fostering job retention in this state. Upon application	6223
by an eligible business and upon consideration of the	6224
recommendation of the director of budget and management, tax	6225
commissioner, the superintendent of insurance in the case of an	6226
insurance company, and director of development under division (C)	6227
of this section, the tax credit authority may grant the following	6228
credits against the tax imposed by section 5725.18, 5729.03,	6229
5733.06, 5747.02, or 5751.02 of the Revised Code:	6230

(1) A nonrefundable credit to an eligible business;

6231

(2) A refundable credit to an eligible business meeting the	6232
following conditions, provided that the director of budget and	6233
management, tax commissioner, superintendent of insurance in the	6234
case of an insurance company, and director of development have	6235
recommended the granting of the credit to the tax credit authority	6236
before July 1, 2011:	6237

(a) The business retains at least one thousand full-time	6238
equivalent employees at the project site.	6239

(b) The business makes or causes to be made payments for a	6240
capital investment project of at least twenty-five million dollars	6241
in the aggregate at the project site during a period of three	6242
consecutive calendar years, including the calendar year that	6243
includes a day of the business' taxable year or tax period with	6244
respect to which the credit is granted.	6245

(c) In 2010, the business received a written offer of	6246
financial incentives from another state of the United States that	6247
the director determines to be sufficient inducement for the	6248
business to relocate the business' operations from this state to	6249
that state.	6250

(3) A refundable credit to an eligible business with a total	6251
annual payroll of at least twenty million dollars, provided that	6252
the tax credit authority grants the tax credit on or after July 1,	6253
2011, and before January 1, 2014.	6254

The credits authorized in divisions (B)(1) ~~and~~, (2), and (3)	6255
of this section may be granted for a period up to fifteen taxable	6256
years or, in the case of the tax levied by section 5751.02 of the	6257
Revised Code, for a period of up to fifteen calendar years. The	6258
credit amount for a taxable year or a calendar year that includes	6259
the tax period for which a credit may be claimed equals the income	6260
tax revenue for that year multiplied by the percentage specified	6261
in the agreement with the tax credit authority. The percentage may	6262
not exceed seventy-five per cent. The credit shall be claimed in	6263
the order required under section 5725.98, 5729.98, 5733.98,	6264
5747.98, or 5751.98 of the Revised Code. In determining the	6265
percentage and term of the credit, the tax credit authority shall	6266
consider both the number of full-time equivalent employees and the	6267
value of the capital investment project. The credit amount may not	6268
be based on the income tax revenue for a calendar year before the	6269
calendar year in which the tax credit authority specifies the tax	6270
credit is to begin, and the credit shall be claimed only for the	6271
taxable years or tax periods specified in the eligible business'	6272
agreement with the tax credit authority. In no event shall the	6273
credit be claimed for a taxable year or tax period terminating	6274
before the date specified in the agreement. Any credit granted	6275
under this section against the tax imposed by section 5733.06 or	6276
5747.02 of the Revised Code, to the extent not fully utilized	6277
against such tax for taxable years ending prior to 2008, shall	6278
automatically be converted without any action taken by the tax	6279
credit authority to a credit against the tax levied under Chapter	6280
5751. of the Revised Code for tax periods beginning on or after	6281
July 1, 2008, provided that the person to whom the credit was	6282
granted is subject to such tax. The converted credit shall apply	6283
to those calendar years in which the remaining taxable years	6284
specified in the agreement end.	6285

If a nonrefundable credit allowed under division (B)(1) of	6286
this section for a taxable year or tax period exceeds the	6287
taxpayer's tax liability for that year or period, the excess may	6288
be carried forward for the three succeeding taxable or calendar	6289
years, but the amount of any excess credit allowed in any taxable	6290
year or tax period shall be deducted from the balance carried	6291
forward to the succeeding year or period.	6292

(C) A taxpayer that proposes a capital investment project to	6293
retain jobs in this state may apply to the tax credit authority to	6294
enter into an agreement for a tax credit under this section. The	6295
director of development shall prescribe the form of the	6296
application. After receipt of an application, the authority shall	6297
forward copies of the application to the director of budget and	6298
management, the tax commissioner, the superintendent of insurance	6299
in the case of an insurance company, and the director of	6300
development, each of whom shall review the application to	6301
determine the economic impact the proposed project would have on	6302
the state and the affected political subdivisions and shall submit	6303
a summary of their determinations and recommendations to the	6304
authority.	6305

(D) Upon review and consideration of the determinations and	6306
recommendations described in division (C) of this section, the tax	6307
credit authority may enter into an agreement with the taxpayer for	6308
a credit under this section if the authority determines all of the	6309
following:	6310

(1) The taxpayer's capital investment project will result in	6311
the retention of employment in this state.	6312

(2) The taxpayer is economically sound and has the ability to	6313
complete the proposed capital investment project.	6314

(3) The taxpayer intends to and has the ability to maintain	6315
operations at the project site for at least the greater of (a) the	6316
term of the credit plus three years, or (b) seven years.	6317

(4) Receiving the credit is a major factor in the taxpayer's	6318
decision to begin, continue with, or complete the project.	6319

(5) If the taxpayer is applying to enter into an agreement	6320
for a tax credit authorized under division (B)(3) of this section,	6321
the taxpayer's capital investment project will be located in the	6322
political subdivision in which the taxpayer maintains its	6323
principal place of business.	6324

(E) An agreement under this section shall include all of the	6325
following:	6326

(1) A detailed description of the project that is the subject	6327
of the agreement, including the amount of the investment, the	6328
period over which the investment has been or is being made, the	6329
number of full-time equivalent employees at the project site, and	6330
the anticipated income tax revenue to be generated.	6331

(2) The term of the credit, the percentage of the tax credit,	6332
the maximum annual value of tax credits that may be allowed each	6333
year, and the first year for which the credit may be claimed.	6334

(3) A requirement that the taxpayer maintain operations at	6335
the project site for at least the greater of (a) the term of the	6336
credit plus three years, or (b) seven years.	6337

(4) ~~A requirement that the taxpayer retain a specified number~~	6338
~~of full-time equivalent employees at the project site and within~~	6339
~~this state for the term of the credit, including a requirement~~	6340
~~that the taxpayer continue to employ at least five hundred~~	6341
~~full-time equivalent employees during the entire term of the~~	6342
~~agreement in the case of a credit granted under division (B)(1) of~~	6343
~~this section, and one thousand full-time equivalent employees in~~	6344
~~the case of a credit granted under division (B)(2) of this section~~	6345
(a) In the case of a credit granted under division (B)(1) of this	6346
section, a requirement that the taxpayer retain at least five	6347
hundred full-time equivalent employees at the project site and	6348
within this state for the entire term of the credit, or a	6349
requirement that the taxpayer maintain an annual payroll of at	6350
least thirty-five million dollars for the entire term of the	6351
credit;	6352

(b) In the case of a credit granted under division (B)(2) of	6353
this section, a requirement that the taxpayer retain at least one	6354
thousand full-time equivalent employees at the project site and	6355
within this state for the entire term of the credit;	6356

(c) In the case of a credit granted under division (B)(3) of	6357
this section, a requirement that the taxpayer maintain an annual	6358
payroll of at least twenty million dollars for the entire term of	6359
the credit and either of the following:	6360

(i) A requirement that the taxpayer retain at least five	6361
hundred full-time equivalent employees at the project site and	6362
within this state for the entire term of the credit;	6363

(ii) A requirement that the taxpayer maintain an annual	6364
payroll of at least thirty-five million dollars for the entire	6365
term of the credit.	6366

(5) A requirement that the taxpayer annually report to the	6367
director of development employment, tax withholding, capital	6368
investment, and other information the director needs to perform	6369
the director's duties under this section.	6370

(6) A requirement that the director of development annually	6371
review the annual reports of the taxpayer to verify the	6372
information reported under division (E)(5) of this section and	6373
compliance with the agreement. Upon verification, the director	6374
shall issue a certificate to the taxpayer stating that the	6375
information has been verified and identifying the amount of the	6376
credit for the taxable year or calendar year that includes the tax	6377
period. In determining the number of full-time equivalent	6378
employees, no position shall be counted that is filled by an	6379
employee who is included in the calculation of a tax credit under	6380
section 122.17 of the Revised Code.	6381

(7) A provision providing that the taxpayer may not relocate	6382
a substantial number of employment positions from elsewhere in	6383
this state to the project site unless the director of development	6384
determines that the taxpayer notified the legislative authority of	6385
the county, township, or municipal corporation from which the	6386
employment positions would be relocated.	6387

For purposes of this section, the movement of an employment	6388
position from one political subdivision to another political	6389
subdivision shall be considered a relocation of an employment	6390
position unless the movement is confined to the project site. The	6391
transfer of an employment position from one political subdivision	6392
to another political subdivision shall not be considered a	6393
relocation of an employment position if the employment position in	6394
the first political subdivision is replaced by another employment	6395
position.	6396

(8) A waiver by the taxpayer of any limitations periods	6397
relating to assessments or adjustments resulting from the	6398
taxpayer's failure to comply with the agreement.	6399

(F) If a taxpayer fails to meet or comply with any condition	6400
or requirement set forth in a tax credit agreement, the tax credit	6401
authority may amend the agreement to reduce the percentage or term	6402
of the credit. The reduction of the percentage or term may take	6403
effect in the current taxable or calendar year.	6404

(G) Financial statements and other information submitted to	6405
the department of development or the tax credit authority by an	6406
applicant for or recipient of a tax credit under this section, and	6407
any information taken for any purpose from such statements or	6408
information, are not public records subject to section 149.43 of	6409
the Revised Code. However, the chairperson of the authority may	6410
make use of the statements and other information for purposes of	6411
issuing public reports or in connection with court proceedings	6412
concerning tax credit agreements under this section. Upon the	6413
request of the tax commissioner, or the superintendent of	6414
insurance in the case of an insurance company, the chairperson of	6415
the authority shall provide to the commissioner or superintendent	6416
any statement or other information submitted by an applicant for	6417
or recipient of a tax credit in connection with the credit. The	6418
commissioner or superintendent shall preserve the confidentiality	6419
of the statement or other information.	6420

(H) A taxpayer claiming a tax credit under this section shall	6421
submit to the tax commissioner or, in the case of an insurance	6422
company, to the superintendent of insurance, a copy of the	6423
director of development's certificate of verification under	6424
division (E)(6) of this section with the taxpayer's tax report or	6425
return for the taxable year or for the calendar year that includes	6426
the tax period. Failure to submit a copy of the certificate with	6427
the report or return does not invalidate a claim for a credit if	6428
the taxpayer submits a copy of the certificate to the commissioner	6429
or superintendent within sixty days after the commissioner or	6430
superintendent requests it.	6431

(I) For the purposes of this section, a taxpayer may include	6432
a partnership, a corporation that has made an election under	6433
subchapter S of chapter one of subtitle A of the Internal Revenue	6434
Code, or any other business entity through which income flows as a	6435
distributive share to its owners. A partnership, S-corporation, or	6436
other such business entity may elect to pass the credit received	6437
under this section through to the persons to whom the income or	6438
profit of the partnership, S-corporation, or other entity is	6439
distributed. The election shall be made on the annual report	6440
required under division (E)(5) of this section. The election	6441
applies to and is irrevocable for the credit for which the report	6442
is submitted. If the election is made, the credit shall be	6443
apportioned among those persons in the same proportions as those	6444
in which the income or profit is distributed.	6445

(J) If the director of development determines that a taxpayer	6446
that received a tax credit under this section is not complying	6447
with the requirement under division (E)(3) of this section, the	6448
director shall notify the tax credit authority of the	6449
noncompliance. After receiving such a notice, and after giving the	6450
taxpayer an opportunity to explain the noncompliance, the	6451
authority may terminate the agreement and require the taxpayer to	6452
refund to the state all or a portion of the credit claimed in	6453
previous years, as follows:	6454

(1) If the taxpayer maintained operations at the project site	6455
for less than or equal to the term of the credit, an amount not to	6456
exceed one hundred per cent of the sum of any tax credits allowed	6457
and received under this section.	6458

(2) If the taxpayer maintained operations at the project site	6459
longer than the term of the credit, but less than the greater of	6460
(a) the term of the credit plus three years, or (b) seven years,	6461
the amount required to be refunded shall not exceed seventy-five	6462
per cent of the sum of any tax credits allowed and received under	6463
this section.	6464

In determining the portion of the credit to be refunded to	6465
this state, the authority shall consider the effect of market	6466
conditions on the taxpayer's project and whether the taxpayer	6467
continues to maintain other operations in this state. After making	6468
the determination, the authority shall certify the amount to be	6469
refunded to the tax commissioner or the superintendent of	6470
insurance. If the taxpayer is not an insurance company, the	6471
commissioner shall make an assessment for that amount against the	6472
taxpayer under Chapter 5733., 5747., or 5751. of the Revised Code.	6473
If the taxpayer is an insurance company, the superintendent of	6474
insurance shall make an assessment under section 5725.222 or	6475
5729.102 of the Revised Code. The time limitations on assessments	6476
under those chapters and sections do not apply to an assessment	6477
under this division, but the commissioner or superintendent shall	6478
make the assessment within one year after the date the authority	6479
certifies to the commissioner or superintendent the amount to be	6480
refunded.	6481

(K) The director of development, after consultation with the	6482
tax commissioner and the superintendent of insurance and in	6483
accordance with Chapter 119. of the Revised Code, shall adopt	6484
rules necessary to implement this section. The rules may provide	6485
for recipients of tax credits under this section to be charged	6486
fees to cover administrative costs of the tax credit program. The	6487
fees collected shall be credited to the tax incentive programs	6488
operating fund created in section 122.174 of the Revised Code. At	6489
the time the director gives public notice under division (A) of	6490
section 119.03 of the Revised Code of the adoption of the rules,	6491
the director shall submit copies of the proposed rules to the	6492
chairpersons of the standing committees on economic development in	6493
the senate and the house of representatives.	6494

(L) On or before the first day of August of each year, the	6495
director of development shall submit a report to the governor, the	6496
president of the senate, and the speaker of the house of	6497
representatives on the tax credit program under this section. The	6498
report shall include information on the number of agreements that	6499
were entered into under this section during the preceding calendar	6500
year, a description of the project that is the subject of each	6501
such agreement, and an update on the status of projects under	6502
agreements entered into before the preceding calendar year.	6503

(M)(1) The aggregate amount of tax credits issued under	6504
division (B)(1) of this section during any calendar year for	6505
capital investment projects reviewed and approved by the tax	6506
credit authority may not exceed the following amounts:	6507

(a) For 2010, thirteen million dollars;

6508

(b) For 2011 through 2023, the amount of the limit for the	6509
preceding calendar year plus thirteen million dollars;	6510

(c) For 2024 and each year thereafter, one hundred	6511
ninety-five million dollars.	6512

(2) The aggregate amount of tax credits ~~issued~~authorized	6513
under ~~division~~divisions (B)(2) and (3) of this section ~~during~~and	6514
allowed to be claimed by taxpayers in any calendar year for	6515
capital improvement projects reviewed and approved by the tax	6516
credit authority ~~may not exceed~~ ~~eight~~ million dollarsin 2011,	6517
2012, and 2013 combined shall not exceed twenty-five million	6518
dollars. An amount equal to the aggregate amount of credits first	6519
authorized in calendar year 2011, 2012, and 2013 may be claimed	6520
annually for up to fifteen years, subject to the terms of	6521
individual tax credit agreements.	6522

The limitations in division (M) of this section do not apply	6523
to credits for capital investment projects approved by the tax	6524
credit authority before July 1, 2009.	6525

Sec. 122.65. As used in sections 122.65 to 122.659 of the	6526
Revised Code:	6527

(A) "Applicable cleanup standards" means either of the	6528
following:	6529

(1) For property to which Chapter 3734. of the Revised Code	6530
and rules adopted under it apply, the requirements for closure or	6531
corrective action established in rules adopted under section	6532
3734.12 of the Revised Code;	6533

(2) For property to which Chapter 3746. of the Revised Code	6534
and rules adopted under it apply, the cleanup standards that are	6535
established in rules adopted under section 3746.04 of the Revised	6536
Code.	6537

(B) "Applicant" means a county, township, municipal	6538
corporation, port authority, or conservancy district or a park	6539
district, other similar park authority, nonprofit organization, or	6540
organization for profit that has entered into an agreement with a	6541
county, township, municipal corporation, port authority, or	6542
conservancy district to work in conjunction with that county,	6543
township, municipal corporation, port authority, or conservancy	6544
district for the purposes of sections 122.65 to 122.658 of the	6545
Revised Code.	6546

(C) "Assessment" means a phase I and phase II property	6547
assessment conducted in accordance with section 3746.04 of the	6548
Revised Code and rules adopted under that section.	6549

(D) "Brownfield" means an abandoned, idled, or under-used	6550
industrial, commercial, or institutional property where expansion	6551
or redevelopment is complicated by known or potential releases of	6552
hazardous substances or petroleum.	6553

(E) "Certified professional," "hazardous substance,"	6554
"petroleum," and "release" have the same meanings as in section	6555
3746.01 of the Revised Code.	6556

(F) "Cleanup or remediation" means any action to contain,	6557
remove, or dispose of hazardous substances or petroleum at a	6558
brownfield. "Cleanup or remediation" includes the acquisition of a	6559
brownfield, demolition performed at a brownfield, and the	6560
installation or upgrade of the minimum amount of infrastructure	6561
that is necessary to make a brownfield operational for economic	6562
development activity.	6563

(G) "Distressed area" means either a municipal corporation	6564
with a population of at least fifty thousand or a county that	6565
meets any two of the following criteria:	6566

(1) Its average rate of unemployment, during the most recent	6567
five-year period for which data are available, is equal to at	6568
least one hundred twenty-five per cent of the average rate of	6569
unemployment for the United States for the same period.	6570

(2) It has a per capita income equal to or below eighty per	6571
cent of the median county per capita income of the United States	6572
as determined by the most recently available figures from the	6573
United States census bureau.	6574

(3)(a) In the case of a municipal corporation, at least	6575
twenty per cent of the residents have a total income for the most	6576
recent census year that is below the official poverty line.	6577

(b) In the case of a county, in intercensal years, the county	6578
has a ratio of transfer payment income to total county income	6579
equal to or greater than twenty-five per cent.	6580

"Distressed area" includes a municipal corporation the	6581
majority of the population of which is situated in a county that	6582
is a distressed area.	6583

(H) "Eligible area" means a distressed area, an inner city	6584
area, a labor surplus area, or a situational distress area.	6585

(I) "Inner city area" means an area in a municipal	6586
corporation that has a population of at least one hundred	6587
thousand, is not a labor surplus area, and is a targeted	6588
investment area established by the municipal corporation that is	6589
comprised of block tracts identified in the most recently	6590
available figures from the United States census bureau in which at	6591
least twenty per cent of the population in the area is at or below	6592
the official poverty line or of contiguous block tracts meeting	6593
those criteria.	6594

(J) "Institutional property" means property currently or	6595
formerly owned or controlled by the state that is or was used for	6596
a public or charitable purpose. However, "institutional property"	6597
does not mean property that is or was used for educational	6598
purposes.	6599

(K) "Integrating and innovation committee" means a ~~district~~	6600
~~public works~~local government integrating and innovation committee	6601
established under section 164.04 of the Revised Code.	6602

(L) "Labor surplus area" means an area designated as a labor	6603
surplus area by the United States department of labor.	6604

(M) "Loan" includes credit enhancement.

6605

(N) "No further action letter" means a letter that is	6606
prepared by a certified professional when, on the basis of the	6607
best knowledge, information, and belief of the certified	6608
professional, the certified professional concludes that the	6609
cleanup or remediation of a brownfield meets the applicable	6610
cleanup standards and that contains all of the information	6611
specified in rules adopted under division (B)(7) of section	6612
3746.04 of the Revised Code.	6613

(O) "Nonprofit organization" means a corporation,	6614
association, group, institution, society, or other organization	6615
that is exempt from federal income taxation under section	6616
501(c)(3) of the "Internal Revenue Code of 1986," 100 Stat. 2085,	6617
26 U.S.C. 501(c)(3), as amended.	6618

(P) "Property" means any parcel of real property, or portion	6619
of such a parcel, and any improvements to it.	6620

(Q) "Public health project" means the cleanup or remediation	6621
of a release or threatened release of hazardous substances or	6622
petroleum at a property where little or no economic redevelopment	6623
potential exists.	6624

(R) "Official poverty line" has the same meaning as in	6625
section 3923.51 of the Revised Code.	6626

(S) "Situational distress area" means a county or a municipal	6627
corporation that has experienced or is experiencing a closing or	6628
downsizing of a major employer that will adversely affect the	6629
county or municipal corporation's economy and that has applied to	6630
the director of development to be designated as a situational	6631
distress area for not more than thirty months by demonstrating all	6632
of the following:	6633

(1) The number of jobs lost by the closing or downsizing;

6634

(2) The impact that the job loss has on the county or	6635
municipal corporation's unemployment rate as measured by the	6636
director of job and family services;	6637

(3) The annual payroll associated with the job loss;

6638

(4) The amount of state and local taxes associated with the	6639
job loss;	6640

(5) The impact that the closing or downsizing has on	6641
suppliers located in the county or municipal corporation.	6642

Sec. 122.652. (A)(1) An applicant seeking a grant or loan for	6643
a brownfield cleanup or remediation project from the clean Ohio	6644
revitalization fund created in section 122.658 of the Revised Code	6645
shall request an application form from the appropriate integrating	6646
and innovation committee with geographical jurisdiction over the	6647
project for which a grant or loan is sought. The applicant shall	6648
complete the application and include all of the information	6649
required by sections 122.65 to 122.658 of the Revised Code and	6650
policies and requirements established under section 122.657 of the	6651
Revised Code.	6652

(2) In addition to the information that is required to be	6653
included in the application under division (A)(1) of this section,	6654
an applicant shall include an affidavit signed by the authorized	6655
representative of the applicant certifying that the applicant did	6656
not cause or contribute to the release of hazardous substances or	6657
petroleum at the brownfield that is the subject of the	6658
application.	6659

No person shall submit a false affidavit under division	6660
(A)(2) of this section.	6661

(3) After completion of the application, but prior to the	6662
submission of the application to the integrating and innovation	6663
committee under division (B) of this section, the applicant shall	6664
conduct a public meeting concerning the application and the	6665
proposed cleanup or remediation. Not later than forty-five days	6666
prior to conducting the public meeting, the applicant shall	6667
provide notice of the date, time, and location of the public	6668
meeting in a newspaper of general circulation in the county in	6669
which the property that is the subject of the application is	6670
located. In addition, not later than forty-five days prior to the	6671
hearing, the applicant shall post notice of the date, time, and	6672
location of the public meeting at the property on a sign that	6673
measures not less than four feet by four feet or, if the political	6674
subdivision in which the sign is to be posted prohibits a sign of	6675
that size, the maximum size of sign permitted by that political	6676
subdivision.	6677

In addition, not later than forty-five days prior to the	6678
public meeting, the applicant shall provide a copy of the	6679
application to a public library in the vicinity of the property	6680
for public review. The submission of the application and the	6681
location of the public library shall be included in the notice	6682
required under this division. The general public may submit	6683
comments to the applicant concerning the application prior to and	6684
at the public meeting.	6685

(B) An applicant shall submit a completed application, all	6686
required information, and an application summary to the	6687
appropriate integrating and innovation committee. Based on a	6688
review of the application summaries submitted to it, an	6689
integrating and innovation committee or, if required under	6690
division (C) of this section, the executive committee of the	6691
integrating and innovation committee shall prioritize all	6692
applications in accordance with criteria and procedures	6693
established pursuant to section 122.657 of the Revised Code. The	6694
integrating and innovation committee shall choose not more than	6695
six applications annually that it determines merit funding and	6696
shall forward those applications and all accompanying information	6697
to the clean Ohio council. In prioritizing and choosing	6698
applications under this division, an integrating and innovation	6699
committee or, if required under division (C) of this section, the	6700
executive committee of the integrating and innovation committee	6701
shall consult with local and regional economic development	6702
agencies or resources, community development agencies or	6703
organizations, local business organizations, and other appropriate	6704
entities located or operating in the geographic jurisdiction of	6705
the integrating and innovation committee.	6706

Notwithstanding this division or division (C) of this	6707
section, if an integrating and innovation committee receives only	6708
one application in any given year, the chair of the integrating	6709
and innovation committee or, if required under division (C) of	6710
this section, the chair of the executive committee of the	6711
integrating and innovation committee may forward that application	6712
to the clean Ohio council as the district's top priority project	6713
for that year without a vote of the full integrating and	6714
innovation committee or executive committee, as applicable.	6715
However, the chair of the integrating and innovation committee or	6716
chair of the executive committee, as applicable, shall provide	6717
written notice of the chair's intent to forward the application to	6718
each member of the integrating and innovation committee or	6719
executive committee, as applicable, not later than ~~fiftenn~~fifteen	6720
days prior to forwarding the application.	6721

(C) For purposes of division (B) of this section, all	6722
decisions of an integrating and innovation committee that is	6723
required to be organized in accordance with division (A)(5) or (6)	6724
of section 164.04 of the Revised Code shall be approved by its	6725
executive committee that is required to be established under	6726
division (A)(7) or (8) of that section. The affirmative vote of at	6727
least seven members of an executive committee established under	6728
division (A)(7) of section 164.04 of the Revised Code, or of at	6729
least nine members of an executive committee established under	6730
division (A)(8) of that section, is required for any action taken	6731
by an executive committee for purposes of division (B) of this	6732
section. A decision of an executive committee may be rejected by a	6733
vote of at least two-thirds of the full membership of the	6734
applicable integrating and innovation committee not later than	6735
thirty days after the executive committee action. If an executive	6736
committee is required under this division to prioritize	6737
applications under division (B) of this section, only applications	6738
that are approved by the executive committee may be submitted to	6739
the clean Ohio council for purposes of sections 122.65 to 122.659	6740
of the Revised Code.	6741

(D) The clean Ohio council shall supply application forms to	6742
each integrating and innovation committee.	6743

Sec. 122.653. (A) Upon receipt of an application from an	6744
integrating and innovation committee, the clean Ohio council shall	6745
examine the application and all accompanying information to	6746
determine if the application is complete. If the council	6747
determines that the application is not complete, the council	6748
immediately shall notify the applicant that the application is not	6749
complete, provide a description of the information that is missing	6750
from the application, and return the application and all	6751
accompanying information to the applicant. The applicant may	6752
resubmit the application directly to the council.	6753

(B) The council shall approve or disapprove in writing	6754
applications submitted to it by integrating and innovation	6755
committees or executive committees of integrating and innovation	6756
committees for grants or loans from the clean Ohio revitalization	6757
fund. The council shall not approve a project that fails to comply	6758
with the requirements established in sections 122.65 to 122.658 of	6759
the Revised Code and policies and requirements established under	6760
section 122.657 of the Revised Code. The council also shall not	6761
approve a project if the applicant caused or contributed to the	6762
contamination at the property. In approving or disapproving	6763
applications, the council shall use the selection process	6764
established in policies and requirements established under section	6765
122.657 of the Revised Code.	6766

(C) If the council approves an application under this	6767
section, the council shall enter into an agreement with the	6768
applicant to award a grant or make a loan for the applicant's	6769
brownfield cleanup or remediation project. The agreement shall be	6770
executed prior to the payment or disbursement of any funds	6771
approved by the council under this section. The agreement shall	6772
contain, at a minimum, all of the following:	6773

(1) The designation of a single officer or employee of the	6774
applicant who will serve as project manager;	6775

(2) Procedures for the payment or disbursement of funds from	6776
the grant or loan to the applicant;	6777

(3) A designation of the percentage of the estimated total	6778
cost of the project for which the grant or loan will provide	6779
funding, which shall not exceed seventy-five per cent of that cost	6780
as provided in section 122.658 of the Revised Code;	6781

(4) A description of the manner by which the applicant will	6782
provide the remainder of the estimated total cost of the project,	6783
which shall equal at least twenty-five per cent of that cost as	6784
provided in section 122.658 of the Revised Code;	6785

(5) An assurance that the applicant will clean up or	6786
remediate the brownfield to the applicable cleanup standards;	6787

(6) A provision for the reimbursement of grant moneys or	6788
immediate repayment of the loan, as applicable, if the completed	6789
project does not comply with the applicable cleanup standards;	6790

(7) Any other provisions that the council considers necessary	6791
in order to ensure that the project's implementation will comply	6792
with the requirements established in sections 122.65 to 122.658 of	6793
the Revised Code and policies and requirements established under	6794
section 122.657 of the Revised Code.	6795

(D) If the council executes an agreement under this section,	6796
the council shall forward a copy of the agreement to the	6797
department of development for the purposes of section 122.658 of	6798
the Revised Code.	6799

(E) A grant may be awarded or a loan may be made for a	6800
project under this section to an applicant to pay the costs of	6801
cleanup or remediation of a brownfield in order to comply with	6802
applicable cleanup standards.	6803

Sec. 122.657. For the purposes of sections 122.65 to 122.658	6804
of the Revised Code, the director of development shall establish	6805
policies and requirements regarding all of the following:	6806

(A) The form and content of applications for grants or loans	6807
from the clean Ohio revitalization fund under section 122.652 of	6808
the Revised Code. The policies and requirements shall require that	6809
each application include, at a minimum, all of the following:	6810

(1) The name, address, and telephone number of the applicant;

6811

(2) The legal description of the property for which the grant	6812
or loan is requested;	6813

(3) A summary description of the hazardous substances or	6814
petroleum present at the brownfield and a certified copy of the	6815
results of an assessment;	6816

(4) A detailed explanation of the proposed cleanup or	6817
remediation of the brownfield, including an identification of the	6818
applicable cleanup standards, and a detailed description of the	6819
proposed use of the brownfield after completion of the cleanup or	6820
remediation;	6821

(5) An estimate of the total cost to clean up or remediate	6822
the brownfield in order to comply with the applicable cleanup	6823
standards. The total cost shall include the cost of employing a	6824
certified professional under section 122.654 of the Revised Code.	6825

(6) A detailed explanation of the portion of the estimated	6826
total cost of the cleanup or remediation of the brownfield that	6827
the applicant proposes to provide as required under sections	6828
122.653 and 122.658 of the Revised Code and financial records	6829
supporting the proposal;	6830

(7) A certified copy of a resolution or ordinance approving	6831
the project that the applicant shall obtain from the board of	6832
township trustees of the township or the legislative authority of	6833
the municipal corporation in which the property is located,	6834
whichever is applicable;	6835

(8) A description of the estimated economic benefit that will	6836
result from a cleanup or remediation of the brownfield;	6837

(9) An application summary for purposes of review by an	6838
integrating and innovation committee or, if applicable, the	6839
executive committee of an integrating and innovation committee	6840
under division (B) of section 122.652 of the Revised Code;	6841

(10) With respect to applications for loans, information	6842
demonstrating that the applicant will implement a financial	6843
management plan that includes, without limitation, provisions for	6844
the satisfactory repayment of the loan;	6845

(11) Any other provisions that the director determines should	6846
be included in an application.	6847

(B) Procedures for conducting public meetings and providing	6848
public notice under division (A) of section 122.652 of the Revised	6849
Code;	6850

(C) Criteria to be used by integrating and innovation	6851
committees or, if required under division (C) of section 122.652	6852
of the Revised Code, executive committees of integrating and	6853
innovation committees when prioritizing projects under division	6854
(B) of section 122.652 of the Revised Code. The policies and	6855
requirements also shall establish procedures that integrating and	6856
innovation committees or, if required under division (C) of	6857
section 122.652 of the Revised Code, executive committees of	6858
integrating and innovation committees shall use in applying the	6859
criteria.	6860

(D) A selection process that provides for the prioritization	6861
of brownfield cleanup or remediation projects for which grant or	6862
loan applications are submitted under section 122.652 of the	6863
Revised Code. The policies and requirements shall require the	6864
selection process to give priority to projects in which the	6865
post-cleanup or remediation use will be for a combination of	6866
residential, commercial, or industrial purposes, which may include	6867
the conversion of a portion of a brownfield to a recreation, park,	6868
or natural area that is integrated with the residential,	6869
commercial, or industrial use of the brownfield after cleanup or	6870
remediation, or will incorporate projects that are funded by	6871
grants awarded under sections 164.20 to 164.27 of the Revised	6872
Code. The policies and requirements shall require the selection	6873
process to incorporate and emphasize all of the following factors:	6874

(1) The potential economic benefit that will result from the	6875
cleanup or remediation of a brownfield;	6876

(2) The potential environmental improvement that will result	6877
from the cleanup or remediation of a brownfield;	6878

(3) The amount and nature of the match provided by an	6879
applicant as required under sections 122.653 and 122.658 of the	6880
Revised Code;	6881

(4) Funding priorities recommended by integrating and	6882
innovation committees or, if required under division (C) of	6883
section 122.652 of the Revised Code, executive committees of	6884
integrating and innovation committees under division (B) of	6885
section 122.652 of the Revised Code;	6886

(5) The potential benefit to low-income communities,	6887
including minority communities, that will result from the cleanup	6888
or remediation of a brownfield;	6889

(6) Any other factors that the director considers	6890
appropriate.	6891

(E) The development of criteria that the director shall use	6892
when awarding grants under section 122.656 of the Revised Code.	6893
The criteria shall give priority to public health projects. In	6894
addition, the director, in consultation with the director of	6895
environmental protection, shall establish policies and	6896
requirements that require the criteria to include a public health	6897
project selection process that incorporates and emphasizes all of	6898
the following factors:	6899

(1) The potential environmental improvement that will result	6900
from the cleanup or remediation;	6901

(2) The ability of an applicant to access the property for	6902
purposes of the cleanup or remediation;	6903

(3) The name and qualifications of the cleanup or remediation	6904
contractor;	6905

(4) Any other factors that the director of development	6906
considers appropriate.	6907

The director of development may develop any other policies	6908
and requirements that the director determines are necessary for	6909
the administration of section 122.656 of the Revised Code.	6910

(F) The development of a brownfield cleanup and remediation	6911
oversight program to ensure compliance with sections 122.65 to	6912
122.658 of the Revised Code and policies and requirements	6913
established under this section. The policies and requirements	6914
shall require the program to include, at a minimum, both of the	6915
following:	6916

(1) Procedures for the accounting of invoices and receipts	6917
and any other documents that are necessary to demonstrate that a	6918
cleanup or remediation was properly performed;	6919

(2) Procedures that are necessary to provide a detailed	6920
explanation of the status of the property five years after the	6921
completed cleanup or remediation.	6922

(G) A delineation of what constitutes administrative costs	6923
for purposes of divisions (D) and (F) of section 122.658 of the	6924
Revised Code;	6925

(H) Procedures and requirements for making loans and loan	6926
agreements that include at least all of the following:	6927

(1) Not more than fifteen per cent of moneys annually	6928
allocated to the clean Ohio revitalization fund shall be used for	6929
loans.	6930

(2) The loans shall be made at or below market rates of	6931
interest, including, without limitation, interest-free loans.	6932

(3) The recipient of a loan shall identify a source of	6933
security and a source of repayment of the loan.	6934

(4) All payments of principal and interest on a loan shall be	6935
deposited in the state treasury and credited to the clean Ohio	6936
revitalization revolving loan fund.	6937

(5) The clean Ohio council may accept notes and other forms	6938
of obligation to evidence indebtedness, accept mortgages, liens,	6939
pledges, assignments, and other security interests to secure such	6940
indebtedness, and take any actions that are considered by the	6941
council to be appropriate to protect such security and safeguard	6942
against losses, including, without limitation, foreclosure and	6943
bidding on the purchase of property upon foreclosure or other	6944
sale.	6945

(I) Any other policies and requirements that the director	6946
determines are necessary for the administration of sections 122.65	6947
to 122.658 of the Revised Code.	6948

Sec. 122.76. (A) The director of development, with	6949
controlling board approval, may lend funds to minority business	6950
enterprises and to community improvement corporations, Ohio	6951
development corporations, minority contractors business assistance	6952
organizations, and minority business supplier development councils	6953
for the purpose of loaning funds to minority business enterprises	6954
and for the purpose of procuring or improving real or personal	6955
property, or both, for the establishment, location, or expansion	6956
of industrial, distribution, commercial, or research facilities in	6957
the state, and to community development corporations that	6958
predominantly benefit minority business enterprises or are located	6959
in a census tract that has a population that is sixty per cent or	6960
more minority if the director determines, in the director's sole	6961
discretion, that all of the following apply:	6962

(1) The project is economically sound and will benefit the	6963
people of the state by increasing opportunities for employment, by	6964
strengthening the economy of the state, or expanding minority	6965
business enterprises.	6966

(2) The proposed minority business enterprise borrower is	6967
unable to finance the proposed project through ordinary financial	6968
channels at comparable terms.	6969

(3) The value of the project is or, upon completion, will be	6970
at least equal to the total amount of the money expended in the	6971
procurement or improvement of the project~~, and one or more~~	6972
~~financial institutions or other governmental entities have loaned~~	6973
~~not less than thirty per cent of that amount~~.	6974

(4) The amount to be loaned by the director will not exceed	6975
sixty per cent of the total amount expended in the procurement or	6976
improvement of the project.	6977

(5) The amount to be loaned by the director will be	6978
adequately secured by a first or second mortgage upon the project	6979
or by mortgages, leases, liens, assignments, or pledges on or of	6980
other property or contracts as the director requires, and such	6981
mortgage will not be subordinate to any other liens or mortgages	6982
except the liens securing loans or investments made by financial	6983
institutions referred to in division (A)(3) of this section, and	6984
the liens securing loans previously made by any financial	6985
institution in connection with the procurement or expansion of all	6986
or part of a project.	6987

(B) Any proposed minority business enterprise borrower	6988
submitting an application for assistance under this section shall	6989
not have defaulted on a previous loan from the director, and no	6990
full or limited partner, major shareholder, or holder of an equity	6991
interest of the proposed minority business enterprise borrower	6992
shall have defaulted on a loan from the director.	6993

(C) The proposed minority business enterprise borrower shall	6994
demonstrate to the satisfaction of the director that it is able to	6995
successfully compete in the private sector if it obtains the	6996
necessary financial, technical, or managerial support and that	6997
support is available through the director, the minority business	6998
development office of the department of development, or other	6999
identified and acceptable sources. In determining whether a	7000
minority business enterprise borrower will be able to successfully	7001
compete, the director may give consideration to such factors as	7002
the successful completion of or participation in courses of study,	7003
recognized by the board of regents as providing financial,	7004
technical, or managerial skills related to the operation of the	7005
business, by the economically disadvantaged individual, owner, or	7006
partner, and the prior success of the individual, owner, or	7007
partner in personal, career, or business activities, as well as to	7008
other factors identified by the director.	7009

(D) The director shall not lend funds for the purpose of	7010
procuring or improving motor vehicles or accounts receivable.	7011

Sec. 123.011. (A) As used in this section:

7012

(1) "Construct" includes reconstruct, improve, renovate,	7013
enlarge, or otherwise alter.	7014

(2) "Energy consumption analysis" means the evaluation of all	7015
energy consuming systems, components, and equipment by demand and	7016
type of energy, including the internal energy load imposed on a	7017
facility by its occupants and the external energy load imposed by	7018
climatic conditions.	7019

(3) "Energy performance index" means a number describing the	7020
energy requirements of a facility per square foot of floor space	7021
or per cubic foot of occupied volume as appropriate under defined	7022
internal and external ambient conditions over an entire seasonal	7023
cycle.	7024

(4) "Facility" means a building or other structure, or part	7025
of a building or other structure, that includes provision for a	7026
heating, refrigeration, ventilation, cooling, lighting, hot water,	7027
or other major energy consuming system, component, or equipment.	7028

(5) "Life-cycle cost analysis" means a general approach to	7029
economic evaluation that takes into account all dollar costs	7030
related to owning, operating, maintaining, and ultimately	7031
disposing of a project over the appropriate study period.	7032

(6) "Political subdivision" means a county, township,	7033
municipal corporation, board of education of any school district,	7034
or any other body corporate and politic that is responsible for	7035
government activities in a geographic area smaller than that of	7036
the state.	7037

(7) "State funded" means funded in whole or in part through	7038
appropriation by the general assembly or through the use of any	7039
guarantee provided by this state.	7040

~~(6)~~(8) "State institution of higher education" has the same	7041
meaning as in section 3345.011 of the Revised Code.	7042

(B) There is hereby created within the department of	7043
administrative services the office of energy services. The office	7044
shall be under the supervision of a manager, who shall be	7045
appointed by the director of administrative services. The director	7046
shall assign to the office such number of employees and furnish	7047
such equipment and supplies as are necessary for the performance	7048
of the office's duties.	7049

The office shall develop energy efficiency and conservation	7050
programs in each of the following areas:	7051

(1) New construction design and review;

7052

(2) Existing building audit and retrofit;

7053

(3) Energy efficient procurement;

7054

(4) Alternative fuel vehicles.

7055

The office may accept and administer grants from public and	7056
private sources for carrying out any of its duties under this	7057
section.	7058

(C) No state agency, department, division, bureau, office,	7059
unit, board, commission, authority, quasi-governmental entity, or	7060
institution, including those agencies otherwise excluded from the	7061
jurisdiction of the department under division (A)(3) of section	7062
123.01 of the Revised Code, shall lease, construct, or cause to be	7063
leased or constructed, within the limits prescribed in this	7064
section, a state-funded facility, without ~~having secured from the~~	7065
~~office~~ a proper life-cycle cost analysis or, in the case of a	7066
lease, an energy consumption analysis, as computed or prepared by	7067
a qualified architect or engineer in accordance with the rules	7068
required by division (D) of this section.	7069

Construction shall proceed only upon the disclosure to the	7070
office, for the facility chosen, of the life-cycle costs as	7071
determined in this section and the capitalization of the initial	7072
construction costs of the building. The results of life-cycle cost	7073
analysis shall be a primary consideration in the selection of a	7074
building design. That analysis shall be required only for	7075
construction of buildings with an area of five thousand square	7076
feet or greater. An energy consumption analysis for the term of a	7077
proposed lease shall be required only for the leasing of an area	7078
of twenty thousand square feet or greater within a given building	7079
boundary. That analysis shall be a primary consideration in the	7080
selection of a facility to be leased.	7081

Nothing in this section shall deprive or limit any state	7082
agency that has review authority over design, construction, or	7083
leasing plans from requiring a life-cycle cost analysis or energy	7084
consumption analysis.	7085

~~Whenever any state agency, department, division, bureau,~~	7086
~~office, unit, board, commission, authority, quasi-governmental~~	7087
~~entity, or institution requests release of capital improvement~~	7088
~~funds for any state-funded facility, it shall submit copies of all~~	7089
~~pertinent life-cycle cost analyses prepared pursuant to this~~	7090
~~section and in accordance with rules adopted under Chapters 3781.~~	7091
~~and 4101. of the Revised Code.~~	7092

(D) For the purposes of assisting the department in its	7093
responsibility for state-funded facilities pursuant to section	7094
123.01 of the Revised Code and of cost-effectively reducing the	7095
energy consumption of those and any other state-funded facilities,	7096
thereby promoting fiscal, economic, and environmental benefits to	7097
this state, the office shall promulgate rules specifying	7098
cost-effective, energy efficiency and conservation standards that	7099
may govern the lease, design, construction, operation, and	7100
maintenance of all state-funded facilities, except facilities of	7101
state institutions of higher education or facilities operated by a	7102
political subdivision. The office of energy efficiency in the	7103
department of development shall cooperate in providing information	7104
and technical expertise to the office of energy services to ensure	7105
promulgation of rules of maximum effectiveness. The standards	7106
prescribed by rules promulgated under this division may draw from	7107
or incorporate, by reference or otherwise and in whole or in part,	7108
standards already developed or implemented by any competent,	7109
public or private standards organization or program. The rules	7110
also may include any of the following:	7111

(1) Specifications for a life-cycle cost analysis that shall	7112
determine, for the economic life of such state-funded facility,	7113
the reasonably expected costs of facility ownership, operation,	7114
and maintenance including labor and materials. Life-cycle cost may	7115
be expressed as an annual cost for each year of the facility's	7116
use. ~~Further, the life-cycle cost analysis may demonstrate for~~	7117
~~each design how the design contributes to energy efficiency and~~	7118
~~conservation with respect to any of the following:~~	7119

~~(a) The coordination, orientation, and positioning of the~~	7120
~~facility on its physical site;~~	7121

~~(b) The amount and type of glass employed in the facility and~~	7122
~~the directions of exposure;~~	7123

~~(c) Thermal characteristics of materials incorporated into~~	7124
~~facility design, including insulation;~~	7125

~~(d) Architectural features that affect energy consumption,~~	7126
~~including the solar absorption and reflection properties of~~	7127
~~external surfaces;~~	7128

~~(e) The variable occupancy and operating conditions of the~~	7129
~~facility and portions of the facility, including illumination~~	7130
~~levels;~~	7131

~~(f) Any other pertinent, physical characteristics of the~~	7132
~~design.~~	7133

A life-cycle cost analysis additionally may include an energy	7134
consumption analysis that conforms to division (D)(2) of this	7135
section.	7136

(2) Specifications for an energy consumption analysis of the	7137
facility's heating, refrigeration, ventilation, cooling, lighting,	7138
hot water, and other major energy consuming systems, components,	7139
and equipment. ~~This analysis shall include both of the following:~~	7140

~~(a) The comparison of two or more system alternatives, one of~~	7141
~~which may be a system using solar energy;~~	7142

~~(b) The projection of the annual energy consumption of those~~	7143
~~major energy consuming systems, components, and equipment, for a~~	7144
~~range of operation of the facility over the economic life of the~~	7145
~~facility and considering their operation at other than full or~~	7146
~~rated outputs.~~	7147

A life-cycle cost analysis and energy consumption analysis	7148
shall be based on the best currently available methods of	7149
analysis, such as those of the national ~~bureau~~institute of	7150
standards and technology, the United States department of ~~housing~~	7151
~~and urban development~~energy or other federal agencies,	7152
professional societies, and directions developed by the	7153
department.	7154

(3) Specifications for energy performance indices, to be used	7155
to audit and evaluate competing design proposals submitted to the	7156
state.	7157

(4) A requirement that, not later than two years after ~~the~~	7158
~~effective date of this amendment~~April 6, 2007, each state-funded	7159
facility, except a facility of a state institution of higher	7160
education or a facility operated by a political subdivision, is	7161
managed by at least one building operator certified under the	7162
building operator certification program or any equivalent program	7163
or standards as shall be prescribed in the rules and considered	7164
reasonably equivalent.	7165

(5) An application process by which a ~~project~~ manager~~, as to~~	7166
of a specified state-funded facility, except a facility of a state	7167
institution of higher education or a facility operated by a	7168
political subdivision, may apply for a waiver of compliance with	7169
any provision of the rules required by divisions (D)(1) to (4) of	7170
this section.	7171

(E) The office of energy services shall promulgate rules to	7172
ensure that energy efficiency and conservation will be considered	7173
in the purchase of products and equipment, except motor vehicles,	7174
by any state agency, department, division, bureau, office, unit,	7175
board, commission, authority, quasi-governmental entity, or	7176
institution. Minimum energy efficiency standards for purchased	7177
products and equipment may be required, based on federal testing	7178
and labeling where available or on standards developed by the	7179
office. The rules shall apply to the competitive selection of	7180
energy consuming systems, components, and equipment under Chapter	7181
125. of the Revised Code where possible.	7182

The office also shall ensure energy efficient and energy	7183
conserving purchasing practices by doing all of the following:	7184

(1) Cooperatively with the office of energy efficiency,	7185
identifying available energy efficiency and conservation	7186
opportunities;	7187

(2) Providing for interchange of information among purchasing	7188
agencies;	7189

(3) Identifying laws, policies, rules, and procedures that	7190
need modification;	7191

(4) Monitoring experience with and the cost-effectiveness of	7192
this state's purchase and use of motor vehicles and of major	7193
energy-consuming systems, components, equipment, and products	7194
having a significant impact on energy consumption by government;	7195

(5) Cooperatively with the office of energy efficiency,	7196
providing technical assistance and training to state employees	7197
involved in the purchasing process.	7198

The department of development shall make recommendations to	7199
the office regarding planning and implementation of purchasing	7200
policies and procedures supportive of energy efficiency and	7201
conservation.	7202

(F)(1) The office of energy services shall require all state	7203
agencies, departments, divisions, bureaus, offices, units,	7204
commissions, boards, authorities, quasi-governmental entities,	7205
institutions, and state institutions of higher education to	7206
implement procedures ensuring that all their passenger automobiles	7207
acquired in each fiscal year, except for those passenger	7208
automobiles acquired for use in law enforcement or emergency	7209
rescue work, achieve a fleet average fuel economy of not less than	7210
the fleet average fuel economy for that fiscal year as shall be	7211
prescribed by the office by rule. The office shall promulgate the	7212
rule prior to the beginning of the fiscal year in accordance with	7213
the average fuel economy standards established pursuant to federal	7214
law for passenger automobiles manufactured during the model year	7215
that begins during the fiscal year.	7216

(2) Each state agency, department, division, bureau, office,	7217
unit, commission, board, authority, quasi-governmental entity,	7218
institution, and state institution of higher education shall	7219
determine its fleet average fuel economy by dividing:	7220

(a) The total number of passenger vehicles acquired during	7221
the fiscal year, except for those passenger vehicles acquired for	7222
use in law enforcement or emergency rescue work, by	7223

(b) A sum of terms, each of which is a fraction created by	7224
dividing:	7225

(i) The number of passenger vehicles of a given make, model,	7226
and year, except for passenger vehicles acquired for use in law	7227
enforcement or emergency rescue work, acquired during the fiscal	7228
year, by	7229

(ii) The fuel economy measured by the administrator of the	7230
United States environmental protection agency, for the given make,	7231
model, and year of vehicle, that constitutes an average fuel	7232
economy for combined city and highway driving.	7233

As used in division (F)(2) of this section, "acquired" means	7234
leased for a period of sixty continuous days or more, or	7235
purchased.	7236

(G) Each state agency, department, division, bureau, office,	7237
unit, board, commission, authority, quasi-governmental entity,	7238
institution, and state institution of higher education shall	7239
comply with any applicable provision of this section or of a rule	7240
promulgated pursuant to division (D) or (F) of this section.	7241

Sec. 124.09. The director of administrative services shall	7242
do all of the following:	7243

(A) Prescribe, amend, and enforce administrative rules for	7244
the purpose of carrying out the functions, powers, and duties	7245
vested in and imposed upon the director by this chapter. Except in	7246
the case of rules adopted pursuant to section 124.14 of the	7247
Revised Code, the prescription, amendment, and enforcement of	7248
rules under this division are subject to approval, disapproval, or	7249
modification by the state personnel board of review.	7250

(B) Keep records of the director's proceedings and records of	7251
all applications for examinations and all examinations conducted	7252
by the director or the director's designee. All of those records,	7253
except examinations, proficiency assessments, and recommendations	7254
of former employers, shall be open to public inspection under	7255
reasonable regulations; provided the governor, or any person	7256
designated by the governor, may, for the purpose of investigation,	7257
have free access to all of those records, whenever the governor	7258
has reason to believe that this chapter, or the administrative	7259
rules of the director prescribed under this chapter, are being	7260
violated.	7261

(C) Prepare, continue, and keep in the office of the	7262
department of administrative services a complete roster of all	7263
persons in the classified civil service of the state who are paid	7264
directly by warrant of the director of budget and management. This	7265
roster shall be open to public inspection at all reasonable hours.	7266
It shall show in reference to each of those persons, the person's	7267
name, address, date of appointment to or employment in the	7268
classified civil service of the state, and salary or compensation,	7269
the title of the place or office that the person holds, the nature	7270
of the duties of that place or office, and, in case of the	7271
person's removal or resignation, the date of the termination of	7272
that service.	7273

(D) Approve the establishment of all new positions in the	7274
civil service of the state and the reestablishment of abolished	7275
positions;	7276

(E) Require the abolishment of any position in the civil	7277
service of the state that is not filled after a period of twelve	7278
months unless it is determined that the position is seasonal in	7279
nature or that the vacancy is otherwise justified;	7280

(F) Make investigations concerning all matters touching the	7281
enforcement and effect of this chapter and the administrative	7282
rules of the director of administrative services prescribed under	7283
this chapter. In the course of those investigations, the director	7284
or the director's deputy may administer oaths and affirmations and	7285
take testimony relative to any matter which the director has	7286
authority to investigate.	7287

(G) Have the power to subpoena and require the attendance and	7288
testimony of witnesses and the production of books, papers, public	7289
records, and other documentary evidence pertinent to the	7290
investigations, inquiries, or hearings on any matter which the	7291
director has authority to investigate, inquire into, or hear, and	7292
to examine them in relation to any matter which the director has	7293
authority to investigate, inquire into, or hear. Fees and mileage	7294
shall be allowed to witnesses and, on their certificate, duly	7295
audited, shall be paid by the treasurer of state or, in the case	7296
of municipal or civil service township civil service commissions,	7297
by the county treasurer, for attendance and traveling, as provided	7298
in section 119.094 of the Revised Code. All officers in the civil	7299
service of the state or any of the political subdivisions of the	7300
state and their deputies, clerks, and employees shall attend and	7301
testify when summoned to do so by the director or the state	7302
personnel board of review. Depositions of witnesses may be taken	7303
by the director or the board, or any member of the board, in the	7304
manner prescribed by law for like depositions in civil actions in	7305
the courts of common pleas. In case any person, in disobedience to	7306
any subpoena issued by the director or the board, or any member of	7307
the board, or the chief examiner, fails or refuses to attend and	7308
testify to any matter regarding which the person may be lawfully	7309
interrogated, or produce any documentary evidence pertinent to any	7310
investigation, inquiry, or hearing, the court of common pleas of	7311
any county, or any judge of the court of common pleas of any	7312
county, where the disobedience, failure, or refusal occurs, upon	7313
application of the director or the board, or any member of the	7314
board, or a municipal or civil service township civil service	7315
commission, or any commissioner of such a commission, or their	7316
chief examiner, shall compel obedience by attachment proceedings	7317
for contempt as in the case of disobedience of the requirements of	7318
a subpoena issued from the court or a refusal to testify in the	7319
court.	7320

(H) Make a report to the governor, on or before the first day	7321
of January of each year, showing the director's actions, the rules	7322
and all exceptions to the rules in force, and any recommendations	7323
for the more effectual accomplishment of the purposes of this	7324
chapter. The director shall also furnish any special reports to	7325
the governor whenever the governor requests them. The reports	7326
shall be printed for public distribution under the same	7327
regulations as are the reports of other state officers, boards, or	7328
commissions.	7329

Sec. 124.23. (A) All applicants for positions and places in	7330
the classified service shall be subject to examination, except for	7331
applicants for positions as professional or certified service and	7332
paraprofessional employees of county boards of developmental	7333
disabilities, who shall be hired in the manner provided in section	7334
124.241 of the Revised Code.	7335

(B) Any examination administered under this section shall be	7336
public and be open to all citizens of the United States and those	7337
persons who have legally declared their intentions of becoming	7338
United States citizens. For examinations administered for	7339
positions in the service of the state, the director of	7340
administrative services or the director's designee may determine	7341
certain limitations as to citizenship, age, experience, education,	7342
health, habit, and moral character.	7343

(C) Any person who has completed service in the uniformed	7344
services, who has been honorably discharged from the uniformed	7345
services or transferred to the reserve with evidence of	7346
satisfactory service, and who is a resident of this state and any	7347
member of the national guard or a reserve component of the armed	7348
forces of the United States who has completed more than one	7349
hundred eighty days of active duty service pursuant to an	7350
executive order of the president of the United States or an act of	7351
the congress of the United States may file with the director a	7352
certificate of service or honorable discharge, and, upon this	7353
filing, the person shall receive additional credit of twenty per	7354
cent, or an equivalent weight, of the person's total grade given	7355
in the ~~regular~~ examination in which the person receives a passing	7356
grade, and the person's ranking on an eligible list shall reflect	7357
the passing grade plus the additional credit.	7358

As used in this division, "service in the uniformed services"	7359
and "uniformed services" have the same meanings as in the	7360
"Uniformed Services Employment and Reemployment Rights Act of	7361
1994," 108 Stat. 3149, 38 U.S.C.A. 4303.	7362

(D) An examination may include an evaluation of such factors	7363
as education, training, capacity, knowledge, manual dexterity, and	7364
physical or psychological fitness. An examination shall consist of	7365
one or more tests in any combination. Tests may be written, oral,	7366
physical, demonstration of skill, or an evaluation of training and	7367
experiences and shall be designed to fairly test the relative	7368
capacity of the persons examined to discharge the particular	7369
duties of the position for which appointment is sought. Tests may	7370
include structured interviews, assessment centers, work	7371
simulations, examinations of knowledge, skills, and abilities, and	7372
any other acceptable testing methods. If minimum or maximum	7373
requirements are established for any examination, they shall be	7374
specified in the examination announcement.	7375

(E) Except as otherwise provided in sections 124.01 to 124.64	7376
of the Revised Code, when a position in the classified service of	7377
the state is to be filled, an examination shall be administered.	7378
The director of administrative services shall have control of all	7379
examinations administered for positions in the service of the	7380
state and all other examinations the director administers as	7381
provided in section 124.07 of the Revised Code, except as	7382
otherwise provided in sections 124.01 to 124.64 of the Revised	7383
Code. The director shall, by rule adopted under Chapter 119. of	7384
the Revised Code, prescribe the notification method that is to be	7385
used by an appointing authority to notify the director that a	7386
position in the classified service of the state is to be filled.	7387
In addition to the positions described in section 124.30 of the	7388
Revised Code, the director may, with sufficient justification from	7389
the appointing authority, allow the appointing authority to fill	7390
the position by noncompetitive examination. The director shall	7391
establish, by rule adopted under Chapter 119. of the Revised Code,	7392
standards that the director shall use to determine what serves as	7393
sufficient justification from an appointing authority to fill a	7394
position by noncompetitive examination.	7395

(F) No questions in any examination shall relate to political	7396
or religious opinions or affiliations. No credit for seniority,	7397
efficiency, or any other reason shall be added to an applicant's	7398
examination grade unless the applicant achieves at least the	7399
minimum passing grade on the examination without counting that	7400
extra credit.	7401

(G) Except as otherwise provided in sections 124.01 to 124.64	7402
of the Revised Code, the director of administrative services or	7403
the director's designee shall give reasonable notice of the time,	7404
place, and general scope of every competitive examination for	7405
appointment that the director or the director's designee	7406
administers for positions in the classified service of the state.	7407
The director or the director's designee shall ~~send written,~~	7408
~~printed, or electronic~~post notices via electronic media of every	7409
examination to be conducted for positions in the classified civil	7410
service of the state ~~to each agency of the type the director of~~	7411
~~job and family services specifies and, in the case of a county in~~	7412
~~which no such agency is located, to the clerk of the court of~~	7413
~~common pleas of that county and to the clerk of each city located~~	7414
~~within that county. Those notices shall be posted in conspicuous~~	7415
~~public places in the designated agencies or the courthouse, and~~	7416
~~city hall of the cities, of the counties in which no designated~~	7417
~~agency is located for at least two weeks~~. The electronic notice	7418
shall be posted on the director's internet site on the world wide	7419
web for a minimum of one week preceding any examination involved,	7420
~~and in a conspicuous place in the office of the director of~~	7421
~~administrative services for at least two weeks preceding any~~	7422
~~examination involved. In case of examinations limited by the~~	7423
~~director to a district, county, city, or department, the director~~	7424
~~shall provide by rule for adequate publicity of an examination in~~	7425
~~the district, county, city, or department within which competition~~	7426
~~is permitted~~.	7427

Sec. 124.231. (A) As used in this section, "legally blind	7428
person" means any person who qualifies as being blind under any	7429
Ohio or federal statute, or any rule adopted thereunder. As used	7430
in this section, "legally deaf person" means any person who	7431
qualifies as being deaf under any Ohio or federal statute, or any	7432
rule adopted thereunder.	7433

(B) ~~The~~When an examination is to be administered under	7434
sections 124.01 to 124.64 of the Revised Code, the director of	7435
administrative services or the director's designee shall whenever	7436
practicable arrange for special examinations to be administered to	7437
legally blind or legally deaf persons applying for ~~original~~	7438
~~appointments~~positions in the classified service to ensure that	7439
the abilities of such applicants are properly assessed and that	7440
such applicants are not subject to discrimination because they are	7441
legally blind or legally deaf persons.	7442

~~(C) The director may administer equitable programs for the~~	7443
~~employment of legally blind persons and legally deaf persons in~~	7444
~~the classified service.~~	7445

~~Nothing in this section shall be construed to prohibit the~~	7446
~~appointment of a legally blind or legally deaf person to a~~	7447
~~position in the classified service under the procedures otherwise~~	7448
~~provided in this chapter.~~	7449

Sec. 124.24. (A) Notwithstanding sections 124.01 to 124.64	7450
and Chapter 145. of the Revised Code, the examinations of	7451
applicants for the positions of deputy mine inspector,	7452
superintendent of rescue stations, assistant superintendent of	7453
rescue stations, electrical inspectors, ~~gas storage well~~	7454
~~inspector,~~ and mine chemists in the division of mineral resources	7455
management, department of natural resources, as provided in	7456
Chapters 1561., 1563., 1565., and 1567. of the Revised Code shall	7457
be provided for, conducted, and administered by the chief of the	7458
division of mineral resources management.	7459

From the returns of the examinations the chief shall prepare	7460
eligible lists of the persons whose general average standing upon	7461
examinations for such grade or class is not less than the minimum	7462
fixed by rules adopted under section 1561.05 of the Revised Code	7463
and who are otherwise eligible. All appointments to a position	7464
shall be made from ~~such~~that eligible list in the same manner as	7465
appointments are made from eligible lists prepared by the director	7466
of administrative services. Any person upon being appointed to	7467
fill one of the positions provided for in this ~~section~~division,	7468
from any such eligible list, shall have the same standing, rights,	7469
privileges, and status as other state employees in the classified	7470
service.	7471

(B) Notwithstanding sections 124.01 to 124.64 and Chapter	7472
145. of the Revised Code, the examinations of applicants for the	7473
position of gas storage well inspector in the division of oil and	7474
gas resources management, department of natural resources, as	7475
provided in Chapter 1571. of the Revised Code shall be provided	7476
for, conducted, and administered by the chief of the division of	7477
oil and gas resources management.	7478

From the returns of the examinations, the chief shall prepare	7479
an eligible list of the persons whose general average standing	7480
upon examinations for that position is not less than the minimum	7481
fixed by rules adopted under section 1571.014 of the Revised Code	7482
and who are otherwise eligible. An appointment to the position	7483
shall be made from that eligible list in the same manner as	7484
appointments are made from eligible lists prepared by the director	7485
of administrative services. Any person, upon being appointed to	7486
fill the position provided for in this division from any such	7487
eligible list, shall have the same standing, rights, privileges,	7488
and status as other state employees in the classified service.	7489

Sec. 124.25. The director of administrative services shall	7490
require persons applying for an examination for original	7491
appointment to file with the director or the director's designee,	7492
within reasonable time prior to the examination, a formal	7493
application, in which the applicant shall state the applicant's	7494
name, address, and such other information as may reasonably be	7495
required concerning the applicant's education and experience. No	7496
inquiry shall be made as to religious or political affiliations or	7497
as to racial or ethnic origin of the applicant, except as	7498
necessary to gather equal employment opportunity or other	7499
statistics that, when compiled, will not identify any specific	7500
individual.	7501

Blank forms for applications shall be furnished by the	7502
director or the director's designee without charge to any person	7503
requesting the same. The director or the director's designee may	7504
require in connection with such application such certificate of	7505
persons having knowledge of the applicant as the good of the	7506
service demands. The director or the director's designee may	7507
refuse to appoint or examine an applicant, or, after an	7508
examination, refuse to certify the applicant as eligible, who is	7509
found to lack any of the established preliminary requirements for	7510
the examination, who is addicted to the habitual use of	7511
intoxicating liquors or drugs to excess, who has a pattern of poor	7512
work habits and performance with previous employers, who has been	7513
convicted of a felony, who has been guilty of infamous or	7514
notoriously disgraceful conduct, who has been dismissed from	7515
either branch of the civil service for delinquency or misconduct,	7516
or who has made false statements of any material fact, or	7517
practiced, or attempted to practice, any deception or fraud in the	7518
application or examination, in establishing eligibility, or	7519
securing an appointment.	7520

Sec. 124.26. From the returns of the examinations, the	7521
director of administrative services or the director's designee	7522
shall prepare an eligible list of the persons whose general	7523
average standing upon examinations for the ~~grade or~~ class or	7524
position is not less than the minimum fixed by the rules of the	7525
director, and who are otherwise eligible. Those persons shall take	7526
rank upon the eligible list as candidates in the order of their	7527
relative excellence as determined by the examination without	7528
reference to priority of the time of examination. If two or more	7529
applicants receive the same mark in an open competitive	7530
examination, priority in the time of filing the application with	7531
the director or the director's designee shall determine the order	7532
in which their names shall be placed on the eligible list, except	7533
that applicants eligible for veteran's preference under section	7534
124.23 of the Revised Code shall receive priority in rank on the	7535
eligible list over nonveterans on the list with a rating equal to	7536
that of the veteran. Ties among veterans shall be decided by	7537
priority of filing the application. ~~If two or more applicants~~	7538
~~receive the same mark on a promotional examination, seniority~~	7539
~~shall determine the order in which their names shall be placed on~~	7540
~~the eligible list. The term of eligibility of each list shall be~~	7541
~~fixed by the director at not less than one or more than two years.~~	7542

~~When an eligible list is reduced to ten names or less, a new~~	7543
~~list may be prepared. The director may consolidate two or more~~	7544
~~eligible lists of the same kind by the rearranging of eligibles~~	7545
~~named in the lists, according to their grades~~. An eligible list	7546
expires upon the filling or closing of the position. An expired	7547
eligible list may be used to fill a position of the same	7548
classification within the same appointing authority for which the	7549
list was created. But, in no event shall an expired list be used	7550
more than one year past its expiration date.	7551

Sec. 124.27. (A) ~~The head of a department, office, or~~	7552
~~institution, in which a position in the classified service is to~~	7553
~~be filled, shall notify the director of administrative services of~~	7554
~~the fact, and the director shall, except as otherwise provided in~~	7555
~~this section and sections 124.30 and 124.31 of the Revised Code,~~	7556
~~certify to the appointing authority the names and addresses of the~~	7557
~~ten candidates standing highest on the eligible list for the class~~	7558
~~or grade to which the position belongs, except that the director~~	7559
~~may certify less than ten names if ten names are not available.~~	7560
~~When less than ten names are certified to an appointing authority,~~	7561
~~appointment from that list shall not be mandatory. When a position~~	7562
~~in the classified service in the department of mental health or~~	7563
~~the department of developmental disabilities is to be filled, the~~	7564
~~director of administrative services shall make such certification~~	7565
~~to the appointing authority within seven working days of the date~~	7566
~~the eligible list is requested.~~	7567

~~(B) The appointing authority shall notify the director of a~~	7568
~~position in the classified service to be filled, and the~~	7569
~~appointing authority shall fill the vacant position by appointment~~	7570
~~of one of the ten persons certified by the director. If more than~~	7571
~~one position is to be filled, the director may certify a group of~~	7572
~~names from the eligible list, and the appointing authority shall~~	7573
~~appoint in the following manner: beginning at the top of the list,~~	7574
~~each time a selection is made, it must be from one of the first~~	7575
~~ten candidates remaining on the list who is willing to accept~~	7576
~~consideration for the position. If an eligible list becomes~~	7577
~~exhausted, and until a new list can be created, or when no~~	7578
~~eligible list for a position exists, names may be certified from~~	7579
~~eligible lists most appropriate for the group or class in which~~	7580
~~the position to be filled is classified. A person who is certified~~	7581
~~from an eligible list more than three times to the same appointing~~	7582
~~authority for the same or similar positions may be omitted from~~	7583
~~future certification to that appointing authority, provided that~~	7584
~~certification for a temporary appointment shall not be counted as~~	7585
~~one of those certifications. Every person who qualifies for~~	7586
~~veteran's preference under section 124.23 of the Revised Code, who~~	7587
~~is a resident of this state, and whose name is on the eligible~~	7588
~~list for a position shall be entitled to preference in original~~	7589
~~appointments to any such competitive position in the civil service~~	7590
~~of the state and its civil divisions over all other persons~~	7591
~~eligible for those appointments and standing on the relevant~~	7592
~~eligible list with a rating equal to that of the person qualifying~~	7593
~~for veteran's preference.~~ Appointments to all positions in the	7594
classified service, that are not filled by promotion, transfer, or	7595
reduction, as provided in sections 124.01 to 124.64 of the Revised	7596
Code and the rules of the director prescribed under those	7597
sections, shall be made only from those persons whose names ~~are~~	7598
~~certified to the appointing authority~~take rank order on an	7599
eligible list, and no employment, except as provided in those	7600
sections, shall be otherwise given in the classified service of	7601
this state or any political subdivision of the state. The	7602
appointing authority shall appoint in the following manner: each	7603
time a selection is made, it shall be from one of the names that	7604
ranks in the top twenty-five per cent of the eligible list. But,	7605
in the event that ten or fewer names are on the eligible list, the	7606
appointing authority may select any of the listed candidates.	7607

~~(C)~~(B) All original and promotional appointments, including	7608
appointments made pursuant to section 124.30 of the Revised Code,	7609
but not intermittent appointments, shall be for a probationary	7610
period, not less than sixty days nor more than one year, to be	7611
fixed by the rules of the director, except as provided in section	7612
124.231 of the Revised Code, and except for original appointments	7613
to a police department as a police officer or to a fire department	7614
as a firefighter which shall be for a probationary period of one	7615
year. No appointment or promotion is final until the appointee has	7616
satisfactorily served the probationary period. If the service of	7617
the probationary employee is unsatisfactory, the employee may be	7618
removed or reduced at any time during the probationary period. If	7619
the appointing authority decides to remove a probationary employee	7620
in the service of the state, the appointing authority shall	7621
communicate the removal to the director ~~the reason for that~~	7622
~~decision~~. A probationary employee duly removed or reduced in	7623
position for unsatisfactory service does not have the right to	7624
appeal the removal or reduction under section 124.34 of the	7625
Revised Code.	7626

Sec. 124.31. ~~(A)~~ Vacancies in positions in the classified	7627
service of the state shall be filled insofar as practicable by	7628
promotions. The director of administrative services shall provide	7629
in the director's rules for keeping a record of efficiency for	7630
each employee in the classified civil service of the state, and	7631
for making promotions in the classified civil service of the state	7632
on the basis of merit~~, to be ascertained insofar as practicable by~~	7633
~~promotional examinations,~~and by conduct and capacity in office,	7634
~~and by seniority in service. The director shall provide that~~	7635
~~vacancies in positions in the classified civil service of the~~	7636
~~state shall be filled by promotion in all cases where, in the~~	7637
~~judgment of the director, it is for the best interest of the~~	7638
~~service. The director's rules shall authorize each appointing~~	7639
~~authority of a county to develop and administer in a manner it~~	7640
~~devises, an evaluation system for the employees it appoints.~~	7641

~~(B) All examinations for promotions shall be competitive and~~	7642
~~may be conducted in the same manner as examinations described in~~	7643
~~section 124.23 of the Revised Code. In promotional examinations,~~	7644
~~seniority in service shall be added to the examination grade, but~~	7645
~~no credit for seniority or any other reason shall be added to an~~	7646
~~examination grade unless the applicant achieves at least the~~	7647
~~minimum passing score on the examination without counting that~~	7648
~~extra credit. Credit for seniority shall equal, for the first four~~	7649
~~years of service, one per cent of the total grade attainable in~~	7650
~~the promotion examination, and, for each of the fifth through~~	7651
~~fourteenth years of service, six-tenths per cent of the total~~	7652
~~grade attainable.~~	7653

~~In all cases where vacancies are to be filled by promotion,~~	7654
~~the director shall certify to the appointing authority the names~~	7655
~~of the three persons having the highest rating on the eligible~~	7656
~~list. The method of examination for promotions, the manner of~~	7657
~~giving notice of the examination, and the rules governing it shall~~	7658
~~be in general the same as those provided for original~~	7659
~~examinations, except as otherwise provided in sections 124.01 to~~	7660
~~124.64 of the Revised Code~~.	7661

Sec. 124.34. (A) The tenure of every officer or employee in	7662
the classified service of the state and the counties, civil	7663
service townships, cities, city health districts, general health	7664
districts, and city school districts of the state, holding a	7665
position under this chapter, shall be during good behavior and	7666
efficient service. No officer or employee shall be reduced in pay	7667
or position, fined, suspended, or removed, or have the officer's	7668
or employee's longevity reduced or eliminated, except as provided	7669
in section 124.32 of the Revised Code, and for incompetency,	7670
inefficiency, dishonesty, drunkenness, immoral conduct,	7671
insubordination, discourteous treatment of the public, neglect of	7672
duty, violation of any policy or work rule of the officer's or	7673
employee's appointing authority, violation of this chapter or the	7674
rules of the director of administrative services or the	7675
commission, any other failure of good behavior, any other acts of	7676
misfeasance, malfeasance, or nonfeasance in office, or conviction	7677
of a felony. The denial of a one-time pay supplement or a bonus to	7678
an officer or employee is not a reduction in pay for purposes of	7679
this section.	7680

This section does not apply to any modifications or	7681
reductions in pay or work week authorized by division (Q) of	7682
section 124.181 or section 124.392 or, 124.393, or 124.394 of the	7683
Revised Code.	7684

An appointing authority may require an employee who is	7685
suspended to report to work to serve the suspension. An employee	7686
serving a suspension in this manner shall continue to be	7687
compensated at the employee's regular rate of pay for hours	7688
worked. The disciplinary action shall be recorded in the	7689
employee's personnel file in the same manner as other disciplinary	7690
actions and has the same effect as a suspension without pay for	7691
the purpose of recording disciplinary actions.	7692

A finding by the appropriate ethics commission, based upon a	7693
preponderance of the evidence, that the facts alleged in a	7694
complaint under section 102.06 of the Revised Code constitute a	7695
violation of Chapter 102., section 2921.42, or section 2921.43 of	7696
the Revised Code may constitute grounds for dismissal. Failure to	7697
file a statement or falsely filing a statement required by section	7698
102.02 of the Revised Code may also constitute grounds for	7699
dismissal. The tenure of an employee in the career professional	7700
service of the department of transportation is subject to section	7701
5501.20 of the Revised Code.	7702

Conviction of a felony is a separate basis for reducing in	7703
pay or position, suspending, or removing an officer or employee,	7704
even if the officer or employee has already been reduced in pay or	7705
position, suspended, or removed for the same conduct that is the	7706
basis of the felony. An officer or employee may not appeal to the	7707
state personnel board of review or the commission any disciplinary	7708
action taken by an appointing authority as a result of the	7709
officer's or employee's conviction of a felony. If an officer or	7710
employee removed under this section is reinstated as a result of	7711
an appeal of the removal, any conviction of a felony that occurs	7712
during the pendency of the appeal is a basis for further	7713
disciplinary action under this section upon the officer's or	7714
employee's reinstatement.	7715

A person convicted of a felony immediately forfeits the	7716
person's status as a classified employee in any public employment	7717
on and after the date of the conviction for the felony. If an	7718
officer or employee is removed under this section as a result of	7719
being convicted of a felony or is subsequently convicted of a	7720
felony that involves the same conduct that was the basis for the	7721
removal, the officer or employee is barred from receiving any	7722
compensation after the removal notwithstanding any modification or	7723
disaffirmance of the removal, unless the conviction for the felony	7724
is subsequently reversed or annulled.	7725

Any person removed for conviction of a felony is entitled to	7726
a cash payment for any accrued but unused sick, personal, and	7727
vacation leave as authorized by law. If subsequently reemployed in	7728
the public sector, the person shall qualify for and accrue these	7729
forms of leave in the manner specified by law for a newly	7730
appointed employee and shall not be credited with prior public	7731
service for the purpose of receiving these forms of leave.	7732

As used in this division, "felony" means any of the	7733
following:	7734

(1) A felony that is an offense of violence as defined in	7735
section 2901.01 of the Revised Code;	7736

(2) A felony that is a felony drug abuse offense as defined	7737
in section 2925.01 of the Revised Code;	7738

(3) A felony under the laws of this or any other state or the	7739
United States that is a crime of moral turpitude;	7740

(4) A felony involving dishonesty, fraud, or theft;

7741

(5) A felony that is a violation of section 2921.05, 2921.32,	7742
or 2921.42 of the Revised Code.	7743

(B) In case of a reduction, a suspension of more than forty	7744
work hours in the case of an employee exempt from the payment of	7745
overtime compensation, a suspension of more than twenty-four work	7746
hours in the case of an employee required to be paid overtime	7747
compensation, a fine of more than forty hours' pay in the case of	7748
an employee exempt from the payment of overtime compensation, a	7749
fine of more than twenty-four hours' pay in the case of an	7750
employee required to be paid overtime compensation, or removal,	7751
except for the reduction or removal of a probationary employee,	7752
the appointing authority shall serve the employee with a copy of	7753
the order of reduction, fine, suspension, or removal, which order	7754
shall state the reasons for the action.	7755

Within ten days following the date on which the order is	7756
served or, in the case of an employee in the career professional	7757
service of the department of transportation, within ten days	7758
following the filing of a removal order, the employee, except as	7759
otherwise provided in this section, may file an appeal of the	7760
order in writing with the state personnel board of review or the	7761
commission. For purposes of this section, the date on which an	7762
order is served is the date of hand delivery of the order or the	7763
date of delivery of the order by certified United States mail,	7764
whichever occurs first. If an appeal is filed, the board or	7765
commission shall forthwith notify the appointing authority and	7766
shall hear, or appoint a trial board to hear, the appeal within	7767
thirty days from and after its filing with the board or	7768
commission. The board, commission, or trial board may affirm,	7769
disaffirm, or modify the judgment of the appointing authority.	7770
However, in an appeal of a removal order based upon a violation of	7771
a last chance agreement, the board, commission, or trial board may	7772
only determine if the employee violated the agreement and thus	7773
affirm or disaffirm the judgment of the appointing authority.	7774

In cases of removal or reduction in pay for disciplinary	7775
reasons, either the appointing authority or the officer or	7776
employee may appeal from the decision of the state personnel board	7777
of review or the commission, and any such appeal shall be to the	7778
court of common pleas of the county in which the appointing	7779
authority is located, or to the court of common pleas of Franklin	7780
county, as provided by section 119.12 of the Revised Code.	7781

(C) In the case of the suspension for any period of time, or	7782
a fine, demotion, or removal, of a chief of police, a chief of a	7783
fire department, or any member of the police or fire department of	7784
a city or civil service township, who is in the classified civil	7785
service, the appointing authority shall furnish the chief or	7786
member with a copy of the order of suspension, fine, demotion, or	7787
removal, which order shall state the reasons for the action. The	7788
order shall be filed with the municipal or civil service township	7789
civil service commission. Within ten days following the filing of	7790
the order, the chief or member may file an appeal, in writing,	7791
with the commission. If an appeal is filed, the commission shall	7792
forthwith notify the appointing authority and shall hear, or	7793
appoint a trial board to hear, the appeal within thirty days from	7794
and after its filing with the commission, and it may affirm,	7795
disaffirm, or modify the judgment of the appointing authority. An	7796
appeal on questions of law and fact may be had from the decision	7797
of the commission to the court of common pleas in the county in	7798
which the city or civil service township is situated. The appeal	7799
shall be taken within thirty days from the finding of the	7800
commission.	7801

(D) A violation of division (A)(7) of section 2907.03 of the	7802
Revised Code is grounds for termination of employment of a	7803
nonteaching employee under this section.	7804

(E) As used in this section, "last chance agreement" means an	7805
agreement signed by both an appointing authority and an officer or	7806
employee of the appointing authority that describes the type of	7807
behavior or circumstances that, if it occurs, will automatically	7808
lead to removal of the officer or employee without the right of	7809
appeal to the state personnel board of review or the appropriate	7810
commission.	7811

Sec. 124.393. (A) As used in this section:

7812

(1) "~~County exempt~~Exempt employee" means a permanent	7813
full-time or permanent part-time county, township, or municipal	7814
corporation employee who is not subject to a collective bargaining	7815
agreement between a public employer and an exclusive	7816
representative.	7817

(2) "Fiscal emergency" means any of the following:

7818

(a) A fiscal emergency declared by the governor under section	7819
126.05 of the Revised Code.	7820

(b) A fiscal watch or fiscal emergency has been declared or	7821
determined under section 118.023 or 118.04 of the Revised Code.	7822

(c) Lack of funds as defined in section 124.321 of the	7823
Revised Code.	7824

~~(c)~~(d) Reasons of economy as described in section 124.321 of	7825
the Revised Code.	7826

(B)(1) A county, township, or municipal corporation	7827
appointing authority may establish a mandatory cost savings	7828
program applicable to its ~~county~~ exempt employees. Each ~~county~~	7829
exempt employee shall participate in the program of mandatory cost	7830
savings for not more than eighty hours, as determined by the	7831
appointing authority, in each of state fiscal years 2010 ~~and 2011~~	7832
to 2013. The program may include, but is not limited to, a loss of	7833
pay or loss of holiday pay. The program may be administered	7834
differently among employees based on their classifications,	7835
appointment categories, or other relevant distinctions.	7836

(2) After June 30, ~~2011~~2013, a county, township, or	7837
municipal corporation appointing authority may implement mandatory	7838
cost savings days as described in division (B)(1) of this section	7839
that apply to its ~~county~~ exempt employees in the event of a fiscal	7840
emergency.	7841

(C) A county, township, or municipal corporation appointing	7842
authority shall issue guidelines concerning how the appointing	7843
authority will implement the cost savings program.	7844

Sec. 124.394. (A) As used in this section:

7845

(1) "Exempt employee" means a permanent full-time or	7846
permanent part-time county employee , township, or municipal	7847
corporation who is not subject to a collective bargaining	7848
agreement between a public employer and an exclusive	7849
representative.	7850

(2) "Fiscal emergency" means any of the following:

7851

(a) A fiscal emergency declared by the governor under section	7852
126.05 of the Revised Code.	7853

(b) A fiscal watch or a fiscal emergency declared or	7854
determined by the auditor of state under section 118.023 or 118.04	7855
of the Revised Code.	7856

(c) Lack of funds as defined in section 124.321 of the	7857
Revised Code.	7858

(d) Reasons of economy as described in section 124.321 of the	7859
Revised Code.	7860

(B) A county, township, or municipal corporation appointing	7861
authority may establish a modified work week schedule program	7862
applicable to its exempt employees. Each exempt employee shall	7863
participate in any established modified work week schedule program	7864
in each of state fiscal years 2012 and 2013. The program may	7865
provide for a reduction from the usual number of hours worked	7866
during a week by exempt employees immediately before the	7867
establishment of the program by the appointing authority. The	7868
reduction in hours may include any number of hours so long as the	7869
reduction is not more than fifty per cent of the usual hours	7870
worked by exempt employees immediately before the establishment of	7871
the program. The program may be administered differently among	7872
employees based on classifications, appointment categories, or	7873
other relevant distinctions.	7874

(C) After June 30, 2013, a county, township, or municipal	7875
corporation appointing authority may implement a modified work	7876
week schedule program as described in division (B) of this section	7877
that applies to its exempt employees in the event of a fiscal	7878
emergency.	7879

Sec. 125.021. (A) Except as to the military department, the	7880
general assembly, the capitol square review advisory board the	7881
bureau of workers' compensation, the industrial commission, and	7882
institutions administered by boards of trustees, the department of	7883
administrative services may contract for telephone, other	7884
telecommunication, and computer services for state agencies.	7885
Nothing in this division precludes the bureau or the commission	7886
from contracting with the department to authorize the department	7887
to contract for those services for the bureau or the commission.	7888

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

7889

(a) "Active duty" means active duty pursuant to an executive	7890
order of the president of the United States, an act of the	7891
congress of the United States, or section 5919.29 or 5923.21 of	7892
the Revised Code.	7893

(b) "Immediate family" means a person's spouse residing in	7894
the person's household, brothers and sisters of the whole or of	7895
the half blood, children, including adopted children and	7896
stepchildren, parents, and grandparents.	7897

(2) The department of administrative services may enter into	7898
a contract to purchase bulk long distance telephone services and	7899
make them available at cost, or may make bulk long distance	7900
telephone services available at cost under any existing contract	7901
the department has entered into, to members of the immediate	7902
family of persons deployed on active duty so that those family	7903
members can communicate with the persons so deployed. If the	7904
department enters into contracts under division (B)(2) of this	7905
section, it shall do so in accordance with sections 125.01 to	7906
125.11 of the Revised Code and in a nondiscriminatory manner that	7907
does not place any potential vendor at a competitive disadvantage.	7908

(3) If the department decides to exercise either option under	7909
division (B)(2) of this section, it shall adopt, and may amend,	7910
rules under Chapter 119. of the Revised Code to implement that	7911
division.	7912

Sec. 125.15. All state agencies required to secure any	7913
equipment, materials, supplies, or services from the department of	7914
administrative services shall make acquisition in the manner and	7915
upon forms prescribed by the director of administrative services	7916
and shall reimburse the department for the equipment, materials,	7917
supplies, or services, including a reasonable sum to cover the	7918
department's administrative costs and costs relating to energy	7919
efficiency and conservation programs, whenever reimbursement is	7920
required by the department. The money so paid shall be deposited	7921
in the state treasury to the credit of the general services fund	7922
or, the information technology fund, or the information technology	7923
governance fund, as appropriate. Those funds are hereby created.	7924

Sec. 125.18. (A) There is hereby established the office of	7925
information technology within the department of administrative	7926
services. The office shall be under the supervision of a state	7927
chief information officer to be appointed by the director of	7928
administrative services and subject to removal at the pleasure of	7929
the director. The chief information officer is an assistant	7930
director of administrative services.	7931

(B) Under the direction of the director of administrative	7932
services, the state chief information officer shall lead, oversee,	7933
and direct state agency activities related to information	7934
technology development and use. In that regard, the state chief	7935
information officer shall do all of the following:	7936

(1) Coordinate and superintend statewide efforts to promote	7937
common use and development of technology by state agencies. The	7938
office of information technology shall establish policies and	7939
standards that govern and direct state agency participation in	7940
statewide programs and initiatives.	7941

(2) Establish policies and standards for the acquisition and	7942
use of common information technology by state agencies, including,	7943
but not limited to, hardware, software, technology services, and	7944
security, and the extension of the service life of information	7945
technology systems, with which state agencies shall comply;	7946

(3) Establish criteria and review processes to identify state	7947
agency information technology projects or purchases that require	7948
alignment or oversight. As appropriate, the department of	7949
administrative services shall provide the governor and the	7950
director of budget and management with notice and advice regarding	7951
the appropriate allocation of resources for those projects. The	7952
state chief information officer may require state agencies to	7953
provide, and may prescribe the form and manner by which they must	7954
provide, information to fulfill the state chief information	7955
officer's alignment and oversight role;	7956

(4) Establish policies and procedures for the security of	7957
personal information that is maintained and destroyed by state	7958
agencies;	7959

(5) Employ a chief information security officer who is	7960
responsible for the implementation of the policies and procedures	7961
described in division (B)(4) of this section and for coordinating	7962
the implementation of those policies and procedures in all of the	7963
state agencies;	7964

(6) Employ a chief privacy officer who is responsible for	7965
advising state agencies when establishing policies and procedures	7966
for the security of personal information and developing education	7967
and training programs regarding the state's security procedures;	7968

(7) Establish policies on the purchasing, use, and	7969
reimbursement for use of handheld computing and telecommunications	7970
devices by state agency employees;	7971

(8) Establish policies for the reduction of printing and the	7972
use of electronic records by state agencies;	7973

(9) Establish policies for the reduction of energy	7974
consumption by state agencies;	7975

(10) Compute the amount of revenue attributable to the	7976
amortization of all equipment purchases and capitalized systems	7977
from information technology service delivery and major information	7978
technology purchases operating appropriation items and major	7979
computer purchases capital appropriation items that is recovered	7980
as part of the information technology services rates the	7981
department of administrative services charges and deposits into	7982
the information technology fund created in section 125.15 of the	7983
Revised Code.	7984

(C)(1) The chief information security officer shall assist	7985
each state agency with the development of an information	7986
technology security strategic plan and review that plan, and each	7987
state agency shall submit that plan to the state chief information	7988
officer. The chief information security officer may require that	7989
each state agency update its information technology security	7990
strategic plan annually as determined by the state chief	7991
information officer.	7992

(2) Prior to the implementation of any information technology	7993
data system, a state agency shall prepare or have prepared a	7994
privacy impact statement for that system.	7995

(D) When a state agency requests a purchase of information	7996
technology supplies or services under Chapter 125. of the Revised	7997
Code, the state chief information officer may review and reject	7998
the requested purchase for noncompliance with information	7999
technology direction, plans, policies, standards, or	8000
project-alignment criteria.	8001

(E) The office of information technology may operate	8002
technology services for state agencies in accordance with this	8003
chapter.	8004

(F) With the approval of the director of administrative	8005
services, the office of information technology may establish	8006
cooperative agreements with federal and local government agencies	8007
and state agencies that are not under the authority of the	8008
governor for the provision of technology services and the	8009
development of technology projects.	8010

(G) The office of information technology may operate a	8011
program to make information technology purchases. The director of	8012
administrative services may recover the cost of operating the	8013
program from all participating government entities by issuing	8014
intrastate transfer voucher billings for the procured technology	8015
or through any pass-through billing method agreed to by the	8016
director of administrative services, the director of budget and	8017
management, and the participating government entities that will	8018
receive the procured technology.	8019

If the director of administrative services chooses to recover	8020
the program costs through intrastate transfer voucher billings,	8021
the participating government entities shall process the intrastate	8022
transfer vouchers to pay for the cost. Amounts received under this	8023
section for the information technology purchase program shall be	8024
deposited to the credit of the information technology governance	8025
fund created in section 125.15 of the Revised Code.	8026

(H) Upon request from the director of administrative	8027
services, the director of budget and management may transfer cash	8028
from the information technology fund created in section 125.15 of	8029
the Revised Code to the major information technology purchases	8030
fund in an amount not to exceed the amount computed under division	8031
(B)(10) of this section. The major information technology	8032
purchases fund is hereby created in the state treasury.	8033

(I) As used in this section:

8034

(1) "Personal information" has the same meaning as in section	8035
149.45 of the Revised Code.	8036

(2) "State agency" means every organized body, office, or	8037
agency established by the laws of the state for the exercise of	8038
any function of state government, other than any state-supported	8039
institution of higher education, the office of the auditor of	8040
state, treasurer of state, secretary of state, or attorney	8041
general, the adjutant general's department, the bureau of workers'	8042
compensation, the industrial commission, the public employees	8043
retirement system, the Ohio police and fire pension fund, the	8044
state teachers retirement system, the school employees retirement	8045
system, the state highway patrol retirement system, the general	8046
assembly or any legislative agency, the capitol square review	8047
advisory board, or the courts or any judicial agency.	8048

Sec. 125.182. The office of information technology shall	8049
establish, operate, and maintain the state public notice web site.	8050
In establishing, maintaining, and operating the state public	8051
notice web site, the office of information technology shall:	8052

(A) Use a domain name for the web site that will be easily	8053
recognizable and remembered by and understandable to users of the	8054
web site;	8055

(B) Maintain the web site so that it is fully accessible to	8056
and searchable by members of the public at all times;	8057

(C) Not charge a fee to a person who accesses, searches, or	8058
otherwise uses the web site;	8059

(D) Not charge a fee to a political subdivision for	8060
publishing a notice on the web site;	8061

(E) Ensure that notices displayed on the web site conform to	8062
the requirements that would apply to the notices if they were	8063
being published in a newspaper or other publication, as directed	8064
in the relevant provision of the statute or rule that requires the	8065
notice;	8066

(F) Ensure that notices continue to be displayed on the web	8067
site for not less than the length of time required by the relevant	8068
provision of the statute or rule that requires the notice;	8069

(G) Devise and display on the web site a form that may be	8070
downloaded and used to request publication of a notice on the web	8071
site;	8072

(H) Enable responsible parties to submit notices and requests	8073
for their publication;	8074

(I) Maintain an archive of notices that no longer are	8075
displayed on the web site;	8076

(J) Enable notices, both those currently displayed and those	8077
archived, to be accessed by key word, by party name, by case	8078
number, by county, and by other useful identifiers;	8079

(K) Maintain adequate systemic security and backup features,	8080
and develop and maintain a contingency plan for coping with and	8081
recovering from power outages, systemic failures, and other	8082
unforeseeable difficulties;	8083

(L) Maintain the web site in such a manner that it will not	8084
infringe legally protected interests, so that vulnerability of the	8085
web site to interruption because of litigation or the threat of	8086
litigation is reduced; and	8087

(M) Submit a status report to the secretary of state twice	8088
annually that demonstrates compliance with statutory requirements	8089
governing publication of notices.	8090

The office of information technology shall bear the expense	8091
of maintaining the state public notice web site domain name.	8092

Sec. 125.213. There is hereby created the state employee	8093
child support fund. The fund shall be in the custody of the	8094
treasurer of state, but shall not be part of the state treasury.	8095
The fund shall consist of all money withheld or deducted from	8096
salaries and wages of state officials and employees pursuant to a	8097
withholding or deduction notice described in section 3121.03 of	8098
the Revised Code for forwarding to the office of child support in	8099
the department of job and family services pursuant to section	8100
3121.19 of the Revised Code. All money in the fund, including	8101
investment earnings thereon, shall be used only for the following	8102
purposes:	8103

(A) Forwarding to the office of child support money withheld	8104
or deducted from salaries and wages of state officials and	8105
employees pursuant to a withholding or deduction notice described	8106
in section 3121.03 of the Revised Code;	8107

(B) Paying any direct or indirect costs associated with	8108
maintaining the fund.	8109

Sec. 125.28. (A)(1) Each state agency that is supported in	8110
whole or in part by nongeneral revenue fund money and that	8111
occupies space in the James A. Rhodes or Frank J. Lausche state	8112
office tower, Toledo government center, Senator Oliver R. Ocasek	8113
government office building, Vern Riffe center for government and	8114
the arts, ~~state of Ohio computer center,~~ capitol square, or	8115
governor's mansion shall reimburse the general revenue fund for	8116
the cost of occupying the space in the ratio that the occupied	8117
space in each facility attributable to the nongeneral revenue fund	8118
money bears to the total space occupied by the state agency in the	8119
facility.	8120

(2) All agencies that occupy space in the old blind school or	8121
that occupy warehouse space in the general services facility shall	8122
reimburse the department of administrative services for the cost	8123
of occupying the space. The director of administrative services	8124
shall determine the amount of debt service, if any, to be charged	8125
to building tenants and shall collect reimbursements for it.	8126

(3) Each agency that is supported in whole or in part by	8127
nongeneral revenue fund money and that occupies space in any other	8128
facility or facilities owned and maintained by the department of	8129
administrative services or space in the general services facility	8130
other than warehouse space shall reimburse the department for the	8131
cost of occupying the space, including debt service, if any, in	8132
the ratio that the occupied space in each facility attributable to	8133
the nongeneral revenue fund money bears to the total space	8134
occupied by the state agency in the facility.	8135

(B) The director of administrative services may provide	8136
building maintenance services and skilled trades services to any	8137
state agency occupying space in a facility that is not owned by	8138
the department of administrative services and may collect	8139
reimbursements for the cost of providing those services.	8140

(C) All money collected by the department of administrative	8141
services for operating expenses of facilities owned or maintained	8142
by the department shall be deposited into the state treasury to	8143
the credit of the building management fund, which is hereby	8144
created. All money collected by the department for skilled trades	8145
services shall be deposited into the state treasury to the credit	8146
of the skilled trades fund, which is hereby created. All money	8147
collected for debt service shall be deposited into the general	8148
revenue fund.	8149

(D) The director of administrative services shall determine	8150
the reimbursable cost of space in state-owned or state-leased	8151
facilities and shall collect reimbursements for that cost.	8152

Sec. 125.89. Subject to the approval of the governor, the	8153
department of administrative services may enter into contracts,	8154
compacts, and cooperative agreements for and on behalf of the	8155
state of Ohio with the several states or the federal government,	8156
singularly or severally, in order to provide, with or without	8157
reimbursement, for the utilization by and exchange between them,	8158
singularly or severally, of property, facilities, personnel, and	8159
services of each by the other, and, for the same purpose, to enter	8160
into contracts and cooperative agreements with eligible public or	8161
private state or local authorities, institutions, organizations,	8162
or activities. ~~The department shall make, annually, a report of~~	8163
~~its actions under sections 125.84 to 125.90 of the Revised Code,~~	8164
~~in accordance with section 149.01 of the Revised Code, and file~~	8165
~~such report with the general assembly.~~	8166

Sec. 126.12. (A)(1) The office of budget and management	8167
shall prepare and administer a statewide indirect cost allocation	8168
plan that provides for the recovery of statewide indirect costs	8169
from any fund of the state. The director of budget and management	8170
may make transfers of statewide indirect costs from the	8171
appropriate fund of the state to the general revenue fund on an	8172
intrastate transfer voucher. The director, for reasons of sound	8173
financial management, also may waive the recovery of statewide	8174
indirect costs. Prior to making a transfer in accordance with this	8175
division, the director shall notify the affected agency of the	8176
amounts to be transferred.	8177

(2) To support development and upgrade costs to the state's	8178
enterprise resource planning system, the director also may make	8179
transfers of statewide indirect costs attributable to debt service	8180
paid for the system to the OAKS support organization fund created	8181
in section 126.24 of the Revised Code. Transfers may be made from	8182
either of the following:	8183

(a) The appropriate fund of the state;

8184

(b) The general revenue fund, if the statewide indirect costs	8185
have been collected under division (A)(1) of this section and	8186
deposited in the general revenue fund.	8187

(B) As used in this section, "statewide indirect costs" means	8188
operating costs incurred by an agency in providing services to any	8189
other agency, for which there was no billing to such other agency	8190
for the services provided, and for which disbursements have been	8191
made from the general revenue fund.	8192

(C) Notwithstanding any provision of law to the contrary, in	8193
order to reduce the payment of adjustments to the federal	8194
government as determined under the plan prepared under division	8195
(A)(1) of this section, the director of budget and management	8196
shall, on or before the first day of September each fiscal year,	8197
designate such funds of the state as the director considers	8198
necessary to retain their own interest earnings.	8199

Sec. 126.141. Any request for release of capital	8200
appropriations by the director of budget and management or the	8201
controlling board for facilities projects shall contain a	8202
contingency reserve, the amount of which shall be determined by	8203
the public authority, for payment of unanticipated project	8204
expenses. Any amount deducted from the encumbrance for a	8205
contractor's contract as an assessment for liquidated damages	8206
shall be added to the encumbrance for the contingency reserve.	8207
Contingency reserve funds shall be used to pay costs resulting	8208
from unanticipated job conditions, to comply with rulings	8209
regarding building and other codes, to pay costs related to	8210
errors, omissions, or other deficiencies in contract documents, to	8211
pay costs associated with changes in the scope of work, to pay	8212
interest due on late payments, and to pay the costs of settlements	8213
and judgments related to the project.	8214

Any funds remaining upon completion of a project may, upon	8215
approval of the controlling board, be released for the use of the	8216
agency or instrumentality to which the appropriation was made for	8217
other capital facilities projects.	8218

Sec. 126.21. (A) The director of budget and management shall	8219
do all of the following:	8220

(1) Keep all necessary accounting records;

8221

(2) Prescribe and maintain the accounting system of the state	8222
and establish appropriate accounting procedures and charts of	8223
accounts;	8224

(3) Establish procedures for the use of written, electronic,	8225
optical, or other communications media for approving and reviewing	8226
payment vouchers;	8227

(4) Reconcile, in the case of any variation between the	8228
amount of any appropriation and the aggregate amount of items of	8229
the appropriation, with the advice and assistance of the state	8230
agency affected by it and the legislative service commission,	8231
totals so as to correspond in the aggregate with the total	8232
appropriation. In the case of a conflict between the item and the	8233
total of which it is a part, the item shall be considered the	8234
intended appropriation.	8235

(5) Evaluate on an ongoing basis and, if necessary, recommend	8236
improvements to the internal controls used in state agencies;	8237

(6) Authorize the establishment of petty cash accounts. The	8238
director may withdraw approval for any petty cash account and	8239
require the officer in charge to return to the state treasury any	8240
unexpended balance shown by the officer's accounts to be on hand.	8241
Any officer who is issued a warrant for petty cash shall render a	8242
detailed account of the expenditures of the petty cash and shall	8243
report when requested the balance of petty cash on hand at any	8244
time.	8245

(7) Process orders, invoices, vouchers, claims, and payrolls	8246
and prepare financial reports and statements;	8247

(8) Perform extensions, reviews, and compliance checks prior	8248
to or after approving a payment as the director considers	8249
necessary;	8250

(9) Issue the official comprehensive annual financial report	8251
of the state. The report shall cover all funds of the state	8252
reporting entity and shall include basic financial statements and	8253
required supplementary information prepared in accordance with	8254
generally accepted accounting principles and other information as	8255
the director provides. All state agencies, authorities,	8256
institutions, offices, retirement systems, and other component	8257
units of the state reporting entity as determined by the director	8258
shall furnish the director whatever financial statements and other	8259
information the director requests for the report, in the form, at	8260
the times, covering the periods, and with the attestation the	8261
director prescribes. The information for state institutions of	8262
higher education, as defined in section 3345.011 of the Revised	8263
Code, shall be submitted to the chancellor by the Ohio board of	8264
regents. The board shall establish a due date by which each such	8265
institution shall submit the information to the board, but no such	8266
date shall be later than one hundred twenty days after the end of	8267
the state fiscal year unless a later date is approved by the	8268
director.	8269

(B) In addition to the director's duties under division (A)	8270
of this section, the director may establish and administer one or	8271
more state payment card programs that permit or require state	8272
agencies to use a payment card to purchase equipment, materials,	8273
supplies, or services in accordance with guidelines issued by the	8274
director. The chief administrative officer of a state agency that	8275
uses a payment card for such purposes shall ensure that purchases	8276
made with the card are made in accordance with the guidelines	8277
issued by the director and do not exceed the unexpended,	8278
unencumbered, unobligated balance in the appropriation to be	8279
charged for the purchase. State agencies may participate in only	8280
those state payment card programs that the director establishes	8281
pursuant to this section.	8282

(C) In addition to the director's duties under divisions (A)	8283
and (B) of this section, the director may enter into any contract	8284
or agreement necessary for and incidental to the performance of	8285
the director's duties or the duties of the office of budget and	8286
management.	8287

(D) In consultation with the director of administrative	8288
services, the director may appoint and fix the compensation of	8289
employees of the office of budget and management whose primary	8290
duties include the consolidation of statewide financing functions	8291
and common transactional processes.	8292

(E) The director may transfer cash between funds other than	8293
the general revenue fund in order to correct an erroneous payment	8294
or deposit regardless of the fiscal year during which the	8295
erroneous payment or deposit occurred.	8296

Sec. 126.24. The OAKS support organization fund is hereby	8297
created in the state treasury for the purpose of paying the	8298
operating, development, and upgrade expenses of the state's	8299
enterprise resource planning system. The fund shall consist of	8300
~~cash~~ transfers ~~from the accounting and budgeting fund and the~~	8301
~~human resources services fund, and other~~received pursuant to	8302
division (A)(2) of section 126.12 of the Revised Code and agency	8303
payroll charge revenues that are designated to support the	8304
operating, development, and upgrade costs of the Ohio	8305
administrative knowledge system. All investment earnings of the	8306
fund shall be credited to the fund.	8307

Sec. 126.50. As used in sections ~~126.50, 126.501, 126.502,~~	8308
126.503, 126.504, 126.505, and 126.506~~, and 126.507~~ of the Revised	8309
Code:	8310

~~(A) "Critical services" means a service provided by the state~~	8311
~~the deferral or cancellation of which would cause at least one of~~	8312
~~the following:~~	8313

~~(1) An immediate risk to the health, safety, or welfare of~~	8314
~~the citizens of the state;~~	8315

~~(2) A undermining of activity aimed at creating or retaining~~	8316
~~jobs in the state;~~	8317

~~(3) An interference with the receipt of revenue to the state~~	8318
~~or the realization of savings to the state.~~	8319

~~"Critical services" does not mean a deferral or cancellation~~	8320
~~of a service provided by the state that would result in~~	8321
~~inconvenience, sustainable delay, or other similar compromise to~~	8322
~~the normal provision of state-provided services.~~	8323

~~(B)~~, "~~State~~state agency" has the same meaning as in section	8324
1.60 of the Revised Code, but does not include the elected state	8325
officers, the general assembly or any legislative agency, a court	8326
or any judicial agency, or a state institution of higher	8327
education.	8328

Sec. 126.60. As used in sections 126.60 to 126.605 of the	8329
Revised Code:	8330

(A) "Contract" means any purchase and sale agreement, lease,	8331
service agreement, franchise agreement, concession agreement, or	8332
other written agreement entered into under sections 126.60 to	8333
126.605 of the Revised Code with respect to the provision of	8334
highway services and any project related thereto.	8335

(B) "Highway services" means the operation or maintenance of	8336
any highway in this state, the construction of which was funded by	8337
proceeds from state revenue bonds that are to be repaid primarily	8338
from revenues derived from the operation of the highway and any	8339
related facilities and not primarily from the tax that is subject	8340
to the limitations of Article XII, Section 5a of the Ohio	8341
Constitution.	8342

(C) "Improvement" means any construction, reconstruction,	8343
rehabilitation, renovation, installation, improvement,	8344
enlargement, or extension of property or improvements to property.	8345

(D) "Private sector entity" means any corporation, whether	8346
for profit or not for profit, limited liability company,	8347
partnership, limited liability partnership, sole proprietorship,	8348
business trust, joint venture or other entity, but shall not mean	8349
the state, a political subdivision of the state, or a public or	8350
governmental entity, agency, or instrumentality of the state.	8351

(E) "Project" means real or personal property, or both, and	8352
improvements thereto or in support thereof, including undivided	8353
and other interests therein, used for or in the provision of	8354
highway services.	8355

(F) "Proposer" means a private sector entity, local or	8356
regional public entity or agency, or any group or combination	8357
thereof, in collaboration or cooperation with other private sector	8358
entities, local or regional public entities, submitting	8359
qualifications or a proposal for providing highway services.	8360

Sec. 126.601. Notwithstanding any provision of the Revised	8361
Code to the contrary, the director of budget and management and	8362
the director of transportation may take any action and execute any	8363
contract for the provision of highway services in order to more	8364
efficiently and effectively provide those services, including by	8365
generating additional resources in support of those services and	8366
related projects. Any such contract may contain the terms and	8367
conditions established by the director of budget and management	8368
and the department of transportation to carry out and effect the	8369
purposes of sections 126.60 to 126.605 of the Revised Code. The	8370
director is hereby authorized to receive and deposit, consistent	8371
with section 126.603 of the Revised Code, any money received under	8372
the contract. Any such contract shall be sufficient to effect its	8373
purpose notwithstanding any provision of the Revised Code to the	8374
contrary, including other laws governing the sale, lease or other	8375
disposition of property or interests therein, service contracts,	8376
or financial transactions by or for the state. The director of	8377
transportation may exercise all powers of the Ohio turnpike	8378
commission for purposes of sections 126.60 to 126.605 of the	8379
Revised Code, and may take any action and, with the director of	8380
budget and management, execute any contract necessary to effect	8381
the purposes of sections 126.60 to 126.605 of the Revised Code,	8382
notwithstanding any provision of Chapter 5537. of the Revised Code	8383
to the contrary.	8384

Sec. 126.602. (A) Before entering into a contract for the	8385
provision of highway services, the director of budget and	8386
management shall publish notice of its intent to enter into a	8387
contract for the highway services and any related project. The	8388
notice shall notify interested parties of the opportunity to	8389
submit their qualifications or proposals, or both, for	8390
consideration and shall be published at least thirty days prior to	8391
the deadline for submitting those qualifications or proposals. The	8392
director also may advertise the information contained in the	8393
notice in appropriate trade journals and otherwise notify parties	8394
believed to be interested in providing the highway services and in	8395
any related project. The notice shall include a general	8396
description of the highway services to be provided and any related	8397
project and of the qualifications or proposals being sought and	8398
instructions for obtaining the invitation.	8399

(B) After inviting qualifications, the director of budget and	8400
management, in consultation with the department of transportation,	8401
shall evaluate the qualifications submitted and may hold	8402
discussions with proposers to further explore their	8403
qualifications. Following this evaluation, the director, in	8404
consultation with the department, may determine a list of	8405
qualified proposers based on criteria in the invitation and invite	8406
only those proposers to submit a proposal for the provision of the	8407
highway services and any related project.	8408

(C) After inviting proposals, the director of budget and	8409
management, in consultation with the department of transportation,	8410
shall evaluate the proposals submitted and may hold discussions	8411
with proposers to further explore their proposals, the scope and	8412
nature of the highway services they would provide, and the various	8413
technical approaches they may take regarding the highway services	8414
and any related project. Following this evaluation, the director,	8415
in consultation with the department, shall:	8416

(1) Select and rank no fewer than three proposers that the	8417
director considers to be the most qualified to enter into the	8418
contract, except when the director determines that fewer than	8419
three qualified proposers are available, in which case the	8420
director shall select and rank them;	8421

(2) Negotiate a contract with the proposer ranked most	8422
qualified to provide the highway services at a compensation	8423
determined in writing to be fair and reasonable, and to purchase,	8424
lease or otherwise take a legal interest in the project.	8425

(D)(1) Upon failure to negotiate a contract with the proposer	8426
ranked most qualified, the director shall inform the proposer in	8427
writing of the termination of negotiations and may enter into	8428
negotiations with the proposer ranked next most qualified. If	8429
negotiations again fail, the same procedure may be followed with	8430
each next most qualified proposer selected and ranked, in order of	8431
ranking, until a contract is negotiated.	8432

(2) If the director, in consultation with the department,	8433
fails to negotiate a contract with any of the ranked proposers,	8434
the director, in consultation with the department, may terminate	8435
the process or select and rank additional proposers, based on	8436
their qualifications or proposals, and negotiations shall continue	8437
as with the proposers selected and ranked initially until a	8438
contract is negotiated.	8439

(E) Any contract entered into under this section may contain	8440
terms, as deemed appropriate by the director, in consultation with	8441
the department, including the duration of the contract, which	8442
shall not exceed seventy-five years, rates or fees for the highway	8443
services to be provided or methods or procedures for the	8444
determination of such rates or fees, standards for the highway	8445
services to be provided, responsibilities and standards for	8446
operation and maintenance of any related project, required	8447
financial assurances, financial and other data reporting	8448
requirements, bases and procedures for termination of the contract	8449
and retaking of possession or title to the project, and events of	8450
default and remedies upon default, including mandamus, a suit in	8451
equity, an action at law, or any combination of those remedial	8452
actions.	8453

(F) Chapter 4115. of the Revised Code shall not apply to any	8454
project. Chapter 4117. of the Revised Code shall not apply to any	8455
employees working at or on a project to provide highway services.	8456

(G) The director of budget and management may reject any and	8457
all submissions of qualifications or proposals.	8458

Sec. 126.603. (A) In addition to its powers under sections	8459
127.14 and 127.16 of the Revised Code, the controlling board shall	8460
approve any invitation for qualifications or for proposals and	8461
related contract negotiated under sections 126.60 to 126.605 of	8462
the Revised Code, which approval may be by pre-approval of	8463
specified terms of the contract. The controlling board may approve	8464
any transfer of moneys and funds necessary to support the highway	8465
services.	8466

(B) All money received by the director of budget and	8467
management under a contract executed pursuant to sections 126.60	8468
to 126.605 of the Revised Code shall be deposited into the state	8469
treasury to the credit of the highway services fund, which is	8470
hereby created. Any interest earned on money in the fund shall be	8471
credited to the fund.	8472

Sec. 126.604. The exercise of the powers granted by sections	8473
126.60 to 126.605 of the Revised Code will be for the benefit of	8474
the people of the state and shall be liberally construed to effect	8475
the purposes thereof. Any project or part thereof owned by the	8476
state and used for performing any highway services pursuant to a	8477
contract entered into under sections 126.60 to 126.605 of the	8478
Revised Code that would be exempt from real property taxes or	8479
assessments in the absence of such contract shall remain exempt	8480
from real property taxes and assessments levied by the state and	8481
its subdivisions to the same extent as if not subject to that	8482
contract. The gross receipts and income of a successful proposer	8483
derived from providing highway services under a contract through a	8484
project owned by the state shall be exempt from gross receipts and	8485
income taxes levied by the state and its subdivisions, including	8486
the tax levied pursuant to Chapter 5751. of the Revised Code. Any	8487
transfer or lease between a successful proposer and the state of a	8488
project or part thereof, or item included or to be included in the	8489
project, shall be exempt from the taxes levied pursuant to	8490
Chapters 5739. and 5741. of the Revised Code if the state is	8491
retaining ownership of the project or part thereof that is being	8492
transferred or leased.	8493

Sec. 126.605. The director of budget and management, in	8494
consultation with the department of transportation, may retain or	8495
contract for the services of commercial appraisers, engineers,	8496
investment bankers, financial advisers, accounting experts, and	8497
other consultants, independent contractors or providers of	8498
professional services as are necessary in the judgment of the	8499
director to carry out the director's powers and duties under	8500
sections 126.60 to 126.605 of the Revised Code, including the	8501
identification of highway services and any related projects to be	8502
subject to invitations for qualifications or proposals under	8503
sections 126.60 to 126.605 of the Revised Code, the development of	8504
those invitations and related evaluation criteria, the evaluation	8505
of those invitations, and negotiation of any contract under	8506
sections 126.60 to 126.605 of the Revised Code.	8507

Sec. 127.16. (A) Upon the request of either a state agency	8508
or the director of budget and management and after the controlling	8509
board determines that an emergency or a sufficient economic reason	8510
exists, the controlling board may approve the making of a purchase	8511
without competitive selection as provided in division (B) of this	8512
section.	8513

(B) Except as otherwise provided in this section, no state	8514
agency, using money that has been appropriated to it directly,	8515
shall:	8516

(1) Make any purchase from a particular supplier, that would	8517
amount to fifty thousand dollars or more when combined with both	8518
the amount of all disbursements to the supplier during the fiscal	8519
year for purchases made by the agency and the amount of all	8520
outstanding encumbrances for purchases made by the agency from the	8521
supplier, unless the purchase is made by competitive selection or	8522
with the approval of the controlling board;	8523

(2) Lease real estate from a particular supplier, if the	8524
lease would amount to seventy-five thousand dollars or more when	8525
combined with both the amount of all disbursements to the supplier	8526
during the fiscal year for real estate leases made by the agency	8527
and the amount of all outstanding encumbrances for real estate	8528
leases made by the agency from the supplier, unless the lease is	8529
made by competitive selection or with the approval of the	8530
controlling board.	8531

(C) Any person who authorizes a purchase in violation of	8532
division (B) of this section shall be liable to the state for any	8533
state funds spent on the purchase, and the attorney general shall	8534
collect the amount from the person.	8535

(D) Nothing in division (B) of this section shall be	8536
construed as:	8537

(1) A limitation upon the authority of the director of	8538
transportation as granted in sections 5501.17, 5517.02, and	8539
5525.14 of the Revised Code;	8540

(2) Applying to medicaid provider agreements under Chapter	8541
5111. of the Revised Code;	8542

(3) Applying to the purchase of examinations from a sole	8543
supplier by a state licensing board under Title XLVII of the	8544
Revised Code;	8545

(4) Applying to entertainment contracts for the Ohio state	8546
fair entered into by the Ohio expositions commission, provided	8547
that the controlling board has given its approval to the	8548
commission to enter into such contracts and has approved a total	8549
budget amount for such contracts as agreed upon by commission	8550
action, and that the commission causes to be kept itemized records	8551
of the amounts of money spent under each contract and annually	8552
files those records with the clerk of the house of representatives	8553
and the clerk of the senate following the close of the fair;	8554

(5) Limiting the authority of the chief of the division of	8555
mineral resources management to contract for reclamation work with	8556
an operator mining adjacent land as provided in section 1513.27 of	8557
the Revised Code;	8558

(6) Applying to investment transactions and procedures of any	8559
state agency, except that the agency shall file with the board the	8560
name of any person with whom the agency contracts to make, broker,	8561
service, or otherwise manage its investments, as well as the	8562
commission, rate, or schedule of charges of such person with	8563
respect to any investment transactions to be undertaken on behalf	8564
of the agency. The filing shall be in a form and at such times as	8565
the board considers appropriate.	8566

(7) Applying to purchases made with money for the per cent	8567
for arts program established by section 3379.10 of the Revised	8568
Code;	8569

(8) Applying to purchases made by the rehabilitation services	8570
commission of services, or supplies, that are provided to persons	8571
with disabilities, or to purchases made by the commission in	8572
connection with the eligibility determinations it makes for	8573
applicants of programs administered by the social security	8574
administration;	8575

(9) Applying to payments by the department of job and family	8576
services under section 5111.13 of the Revised Code for group	8577
health plan premiums, deductibles, coinsurance, and other	8578
cost-sharing expenses;	8579

(10) Applying to any agency of the legislative branch of the	8580
state government;	8581

(11) Applying to agreements or contracts entered into under	8582
section 5101.11, 5101.20, 5101.201, 5101.21, or 5101.214 of the	8583
Revised Code;	8584

(12) Applying to purchases of services by the adult parole	8585
authority under section 2967.14 of the Revised Code or by the	8586
department of youth services under section 5139.08 of the Revised	8587
Code;	8588

(13) Applying to dues or fees paid for membership in an	8589
organization or association;	8590

(14) Applying to purchases of utility services pursuant to	8591
section 9.30 of the Revised Code;	8592

(15) Applying to purchases made in accordance with rules	8593
adopted by the department of administrative services of motor	8594
vehicle, aviation, or watercraft fuel, or emergency repairs of	8595
such vehicles;	8596

(16) Applying to purchases of tickets for passenger air	8597
transportation;	8598

(17) Applying to purchases necessary to provide public	8599
notifications required by law or to provide notifications of job	8600
openings;	8601

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

8602

(19) Applying to purchases of liquor for resale by the	8603
division of liquor control;	8604

(20) Applying to purchases of motor courier and freight	8605
services made in accordance with department of administrative	8606
services rules;	8607

(21) Applying to purchases from the United States postal	8608
service and purchases of stamps and postal meter replenishment	8609
from vendors at rates established by the United States postal	8610
service;	8611

(22) Applying to purchases of books, periodicals, pamphlets,	8612
newspapers, maintenance subscriptions, and other published	8613
materials;	8614

(23) Applying to purchases from other state agencies,	8615
including state-assisted institutions of higher education;	8616

(24) Limiting the authority of the director of environmental	8617
protection to enter into contracts under division (D) of section	8618
3745.14 of the Revised Code to conduct compliance reviews, as	8619
defined in division (A) of that section;	8620

(25) Applying to purchases from a qualified nonprofit agency	8621
pursuant to sections 125.60 to 125.6012 or 4115.31 to 4115.35 of	8622
the Revised Code;	8623

(26) Applying to payments by the department of job and family	8624
services to the United States department of health and human	8625
services for printing and mailing notices pertaining to the tax	8626
refund offset program of the internal revenue service of the	8627
United States department of the treasury;	8628

(27) Applying to contracts entered into by the department of	8629
developmental disabilities under section 5123.18 of the Revised	8630
Code;	8631

(28) Applying to payments made by the department of mental	8632
health under a physician recruitment program authorized by section	8633
5119.101 of the Revised Code;	8634

(29) Applying to contracts entered into with persons by the	8635
director of commerce for unclaimed funds collection and remittance	8636
efforts as provided in division (F) of section 169.03 of the	8637
Revised Code. The director shall keep an itemized accounting of	8638
unclaimed funds collected by those persons and amounts paid to	8639
them for their services.	8640

(30) Applying to purchases made by a state institution of	8641
higher education in accordance with the terms of a contract	8642
between the vendor and an inter-university purchasing group	8643
comprised of purchasing officers of state institutions of higher	8644
education;	8645

(31) Applying to the department of job and family services'	8646
purchases of health assistance services under the children's	8647
health insurance program part I provided for under section 5101.50	8648
of the Revised Code, the children's health insurance program part	8649
II provided for under section 5101.51 of the Revised Code, or the	8650
children's health insurance program part III provided for under	8651
section 5101.52 of the Revised Code~~, or the children's buy-in~~	8652
~~program provided for under sections 5101.5211 to 5101.5216 of the~~	8653
~~Revised Code~~;	8654

(32) Applying to payments by the attorney general from the	8655
reparations fund to hospitals and other emergency medical	8656
facilities for performing medical examinations to collect physical	8657
evidence pursuant to section 2907.28 of the Revised Code;	8658

(33) Applying to contracts with a contracting authority or	8659
administrative receiver under division (B) of section 5126.056 of	8660
the Revised Code;	8661

(34) Applying to purchases of goods and services by the	8662
department of veterans services in accordance with the terms of	8663
contracts entered into by the United States department of veterans	8664
affairs;	8665

(35) Applying to payments by the superintendent of the bureau	8666
of criminal identification and investigation to the federal bureau	8667
of investigation for criminal records checks pursuant to section	8668
109.572 of the Revised Code.	8669

(E) When determining whether a state agency has reached the	8670
cumulative purchase thresholds established in divisions (B)(1) and	8671
(2) of this section, all of the following purchases by such agency	8672
shall not be considered:	8673

(1) Purchases made through competitive selection or with	8674
controlling board approval;	8675

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

8676

(3) For the purposes of the threshold of division (B)(1) of	8677
this section only, leases of real estate.	8678

(F) As used in this section, "competitive selection,"	8679
"purchase," "supplies," and "services" have the same meanings as	8680
in section 125.01 of the Revised Code.	8681

Sec. 131.44. (A) As used in this section:

8682

(1) "Surplus revenue" means the excess, if any, of the total	8683
fund balance over the required year-end balance.	8684

(2) "Total fund balance" means the sum of the unencumbered	8685
balance in the general revenue fund on the last day of the	8686
preceding fiscal year plus the balance in the budget stabilization	8687
fund.	8688

(3) "Required year-end balance" means the sum of the	8689
following:	8690

(a) Five per cent of the general revenue fund revenues for	8691
the preceding fiscal year;	8692

(b) "Ending fund balance," which means one-half of one per	8693
cent of general revenue fund revenues for the preceding fiscal	8694
year;	8695

(c) "Carryover balance," which means, with respect to a	8696
fiscal biennium, the excess, if any, of the estimated general	8697
revenue fund appropriation and transfer requirement for the second	8698
fiscal year of the biennium over the estimated general revenue	8699
fund revenue for that fiscal year;	8700

(d) "Capital appropriation reserve," which means the amount,	8701
if any, of general revenue fund capital appropriations made for	8702
the current biennium that the director of budget and management	8703
has determined will be encumbered or disbursed;	8704

(e) "Income tax reduction impact reserve," which means an	8705
amount equal to the reduction projected by the director of budget	8706
and management in income tax revenue in the current fiscal year	8707
attributable to the previous reduction in the income tax rate made	8708
by the tax commissioner pursuant to division (B) of section	8709
5747.02 of the Revised Code.	8710

(4) "Estimated general revenue fund appropriation and	8711
transfer requirement" means the most recent adjusted	8712
appropriations made by the general assembly from the general	8713
revenue fund and includes both of the following:	8714

(a) Appropriations made and transfers of appropriations from	8715
the first fiscal year to the second fiscal year of the biennium in	8716
provisions of acts of the general assembly signed by the governor	8717
but not yet effective;	8718

(b) Transfers of ~~appropriation~~appropriations from the first	8719
fiscal year to the second fiscal year of the biennium approved by	8720
the controlling board.	8721

(5) "Estimated general revenue fund revenue" means the most	8722
recent such estimate available to the director of budget and	8723
management.	8724

(B)(1) Not later than the thirty-first day of July each year,	8725
the director of budget and management shall determine the surplus	8726
revenue that existed on the preceding thirtieth day of June and	8727
transfer from the general revenue fund, to the extent of the	8728
unobligated, unencumbered balance on the preceding thirtieth day	8729
of June in excess of one-half of one per cent of the general	8730
revenue fund revenues in the preceding fiscal year, the following:	8731

(a) First, to the budget stabilization fund, any amount	8732
necessary for the balance of the budget stabilization fund to	8733
equal five per cent of the general revenue fund revenues of the	8734
preceding fiscal year;	8735

(b) Then, to the income tax reduction fund, which is hereby	8736
created in the state treasury, an amount equal to the surplus	8737
revenue.	8738

(2) Not later than the thirty-first day of July each year,	8739
the director shall determine the percentage that the balance in	8740
the income tax reduction fund is of the amount of revenue that the	8741
director estimates will be received from the tax levied under	8742
section 5747.02 of the Revised Code in the current fiscal year	8743
without regard to any reduction under division (B) of that	8744
section. If that percentage exceeds thirty-five one hundredths of	8745
one per cent, the director shall certify the percentage to the tax	8746
commissioner not later than the thirty-first day of July.	8747

(C) The director of budget and management shall transfer	8748
money in the income tax reduction fund to the general revenue	8749
fund, the local government fund, and the public library fund as	8750
necessary to offset revenue reductions resulting from the	8751
reductions in taxes required under division (B) of section 5747.02	8752
of the Revised Code in the respective amounts and percentages	8753
prescribed by division (A) of section 5747.03 and divisions ~~(A)~~(B)	8754
and ~~(B)~~(C) of section 131.51 of the Revised Code as if the amount	8755
transferred had been collected as taxes under Chapter 5747. of the	8756
Revised Code. If no reductions in taxes are made under that	8757
division that affect revenue received in the current fiscal year,	8758
the director shall not transfer money from the income tax	8759
reduction fund to the general revenue fund, the local government	8760
fund, and the public library fund.	8761

Sec. 131.51. (A) ~~Beginning January 2008, on~~On or before	8762
July 5, 2013, the tax commissioner shall compute the following	8763
amounts and certify those amounts to the director of budget and	8764
management:	8765

(1) A percentage calculated by multiplying one hundred by the	8766
quotient obtained by dividing the total amount credited to the	8767
local government fund in fiscal year 2013 by the total amount of	8768
tax revenue credited to the general revenue fund in fiscal year	8769
2013. The percentage shall be rounded to the nearest one-hundredth	8770
of one per cent.	8771

(2) A percentage calculated by multiplying one hundred by the	8772
quotient obtained by dividing the total amount credited to the	8773
public library fund in fiscal year 2013 by the total amount of tax	8774
revenue credited to the general revenue fund in fiscal year 2013.	8775
The percentage shall be rounded to the nearest one-hundredth of	8776
one per cent.	8777

(B) On or before the ~~fifth~~seventh day of each month, the	8778
director of budget and management shall credit to the local	8779
government fund ~~three and sixty-eight one hundredths per cent of~~	8780
an amount equal to the product obtained by multiplying the	8781
percentage calculated under division (A)(1) of this section by the	8782
total tax revenue credited to the general revenue fund during the	8783
preceding month. ~~In determining the total tax revenue credited to~~	8784
~~the general revenue fund during the preceding month, the director~~	8785
~~shall include amounts transferred from that fund during the~~	8786
~~preceding month pursuant to divisions (A) and (B) of this section.~~	8787
Money shall be distributed from the local government fund as	8788
required under section 5747.50 of the Revised Code during the same	8789
month in which it is credited to the fund.	8790

~~(B) Beginning January 2008, on~~(C) On or before the ~~fifth~~	8791
seventh day of each month, the director of budget and management	8792
shall credit to the public library fund~~, two and twenty-two one~~	8793
~~hundredths per cent of~~an amount equal to the product obtained by	8794
multiplying the percentage calculated under division (A)(2) of	8795
this section by the total tax revenue credited to the general	8796
revenue fund during the preceding month. ~~In determining the total~~	8797
~~tax revenue credited to the general revenue fund during the~~	8798
~~preceding month, the director shall include amounts transferred~~	8799
~~from that fund during the preceding month pursuant to divisions~~	8800
~~(A) and (B) of this section.~~ Money shall be distributed from the	8801
public library fund as required under section 5747.47 of the	8802
Revised Code during the same month in which it is credited to the	8803
fund.	8804

~~(C)~~(D) The director of budget and management shall develop a	8805
schedule identifying the specific tax revenue sources to be used	8806
to make the monthly transfers required under divisions ~~(A)~~(B) and	8807
~~(B)~~(C) of this section. The director may, from time to time,	8808
revise the schedule as the director considers necessary.	8809

Sec. 133.06. (A) A school district shall not incur, without	8810
a vote of the electors, net indebtedness that exceeds an amount	8811
equal to one-tenth of one per cent of its tax valuation, except as	8812
provided in divisions (G) and (H) of this section and in division	8813
(C) of section 3313.372 of the Revised Code, or as prescribed in	8814
section 3318.052 or 3318.44 of the Revised Code, or as provided in	8815
division (J) of this section.	8816

(B) Except as provided in divisions (E), (F), and (I) of this	8817
section, a school district shall not incur net indebtedness that	8818
exceeds an amount equal to nine per cent of its tax valuation.	8819

(C) A school district shall not submit to a vote of the	8820
electors the question of the issuance of securities in an amount	8821
that will make the district's net indebtedness after the issuance	8822
of the securities exceed an amount equal to four per cent of its	8823
tax valuation, unless the superintendent of public instruction,	8824
acting under policies adopted by the state board of education, and	8825
the tax commissioner, acting under written policies of the	8826
commissioner, consent to the submission. A request for the	8827
consents shall be made at least one hundred twenty days prior to	8828
the election at which the question is to be submitted.	8829

The superintendent of public instruction shall certify to the	8830
district the superintendent's and the tax commissioner's decisions	8831
within thirty days after receipt of the request for consents.	8832

If the electors do not approve the issuance of securities at	8833
the election for which the superintendent of public instruction	8834
and tax commissioner consented to the submission of the question,	8835
the school district may submit the same question to the electors	8836
on the date that the next special election may be held under	8837
section 3501.01 of the Revised Code without submitting a new	8838
request for consent. If the school district seeks to submit the	8839
same question at any other subsequent election, the district shall	8840
first submit a new request for consent in accordance with this	8841
division.	8842

(D) In calculating the net indebtedness of a school district,	8843
none of the following shall be considered:	8844

(1) Securities issued to acquire school buses and other	8845
equipment used in transporting pupils or issued pursuant to	8846
division (D) of section 133.10 of the Revised Code;	8847

(2) Securities issued under division (F) of this section,	8848
under section 133.301 of the Revised Code, and, to the extent in	8849
excess of the limitation stated in division (B) of this section,	8850
under division (E) of this section;	8851

(3) Indebtedness resulting from the dissolution of a joint	8852
vocational school district under section 3311.217 of the Revised	8853
Code, evidenced by outstanding securities of that joint vocational	8854
school district;	8855

(4) Loans, evidenced by any securities, received under	8856
sections 3313.483, 3317.0210, 3317.0211, and 3317.64 of the	8857
Revised Code;	8858

(5) Debt incurred under section 3313.374 of the Revised Code;

8859

(6) Debt incurred pursuant to division (B)(5) of section	8860
3313.37 of the Revised Code to acquire computers and related	8861
hardware;	8862

(7) Debt incurred under section 3318.042 of the Revised Code.

8863

(E) A school district may become a special needs district as	8864
to certain securities as provided in division (E) of this section.	8865

(1) A board of education, by resolution, may declare its	8866
school district to be a special needs district by determining both	8867
of the following:	8868

(a) The student population is not being adequately serviced	8869
by the existing permanent improvements of the district.	8870

(b) The district cannot obtain sufficient funds by the	8871
issuance of securities within the limitation of division (B) of	8872
this section to provide additional or improved needed permanent	8873
improvements in time to meet the needs.	8874

(2) The board of education shall certify a copy of that	8875
resolution to the superintendent of public instruction with a	8876
statistical report showing all of the following:	8877

(a) A history of and a projection of the growth of the	8878
student population;	8879

(b) The history of and a projection of the growth of the tax	8880
valuation;	8881

8882

(d) The estimated cost of permanent improvements proposed to	8883
meet such projected needs.	8884

(3) The superintendent of public instruction shall certify	8885
the district as an approved special needs district if the	8886
superintendent finds both of the following:	8887

(a) The district does not have available sufficient	8888
additional funds from state or federal sources to meet the	8889
projected needs.	8890

(b) The projection of the potential average growth of tax	8891
valuation during the next five years, according to the information	8892
certified to the superintendent and any other information the	8893
superintendent obtains, indicates a likelihood of potential	8894
average growth of tax valuation of the district during the next	8895
five years of an average of not less than three per cent per year.	8896
The findings and certification of the superintendent shall be	8897
conclusive.	8898

(4) An approved special needs district may incur net	8899
indebtedness by the issuance of securities in accordance with the	8900
provisions of this chapter in an amount that does not exceed an	8901
amount equal to the greater of the following:	8902

(a) Nine per cent of the sum of its tax valuation plus an	8903
amount that is the product of multiplying that tax valuation by	8904
the percentage by which the tax valuation has increased over the	8905
tax valuation on the first day of the sixtieth month preceding the	8906
month in which its board determines to submit to the electors the	8907
question of issuing the proposed securities;	8908

(b) Nine per cent of the sum of its tax valuation plus an	8909
amount that is the product of multiplying that tax valuation by	8910
the percentage, determined by the superintendent of public	8911
instruction, by which that tax valuation is projected to increase	8912
during the next ten years.	8913

(F) A school district may issue securities for emergency	8914
purposes, in a principal amount that does not exceed an amount	8915
equal to three per cent of its tax valuation, as provided in this	8916
division.	8917

(1) A board of education, by resolution, may declare an	8918
emergency if it determines both of the following:	8919

(a) School buildings or other necessary school facilities in	8920
the district have been wholly or partially destroyed, or condemned	8921
by a constituted public authority, or that such buildings or	8922
facilities are partially constructed, or so constructed or planned	8923
as to require additions and improvements to them before the	8924
buildings or facilities are usable for their intended purpose, or	8925
that corrections to permanent improvements are necessary to remove	8926
or prevent health or safety hazards.	8927

(b) Existing fiscal and net indebtedness limitations make	8928
adequate replacement, additions, or improvements impossible.	8929

(2) Upon the declaration of an emergency, the board of	8930
education may, by resolution, submit to the electors of the	8931
district pursuant to section 133.18 of the Revised Code the	8932
question of issuing securities for the purpose of paying the cost,	8933
in excess of any insurance or condemnation proceeds received by	8934
the district, of permanent improvements to respond to the	8935
emergency need.	8936

(3) The procedures for the election shall be as provided in	8937
section 133.18 of the Revised Code, except that:	8938

(a) The form of the ballot shall describe the emergency	8939
existing, refer to this division as the authority under which the	8940
emergency is declared, and state that the amount of the proposed	8941
securities exceeds the limitations prescribed by division (B) of	8942
this section;	8943

(b) The resolution required by division (B) of section 133.18	8944
of the Revised Code shall be certified to the county auditor and	8945
the board of elections at least one hundred days prior to the	8946
election;	8947

(c) The county auditor shall advise and, not later than	8948
ninety-five days before the election, confirm that advice by	8949
certification to, the board of education of the information	8950
required by division (C) of section 133.18 of the Revised Code;	8951

(d) The board of education shall then certify its resolution	8952
and the information required by division (D) of section 133.18 of	8953
the Revised Code to the board of elections not less than ninety	8954
days prior to the election.	8955

(4) Notwithstanding division (B) of section 133.21 of the	8956
Revised Code, the first principal payment of securities issued	8957
under this division may be set at any date not later than sixty	8958
months after the earliest possible principal payment otherwise	8959
provided for in that division.	8960

(G) The board of education may contract with an architect,	8961
professional engineer, or other person experienced in the design	8962
and implementation of energy conservation measures for an analysis	8963
and recommendations pertaining to installations, modifications of	8964
installations, or remodeling that would significantly reduce	8965
energy consumption in buildings owned by the district. The report	8966
shall include estimates of all costs of such installations,	8967
modifications, or remodeling, including costs of design,	8968
engineering, installation, maintenance, repairs, and debt service,	8969
forgone residual value of materials or equipment replaced by the	8970
energy conservation measure, as defined by the Ohio school	8971
facilities commission, a baseline analysis of actual energy	8972
consumption data for the preceding five years, and estimates of	8973
the amounts by which energy consumption and resultant operational	8974
and maintenance costs, as defined by the ~~Ohio school facilities~~	8975
commission, would be reduced.	8976

If the board finds after receiving the report that the amount	8977
of money the district would spend on such installations,	8978
modifications, or remodeling is not likely to exceed the amount of	8979
money it would save in energy and resultant operational and	8980
maintenance costs over the ensuing fifteen years, the board may	8981
submit to the commission a copy of its findings and a request for	8982
approval to incur indebtedness to finance the making or	8983
modification of installations or the remodeling of buildings for	8984
the purpose of significantly reducing energy consumption.	8985

If the commission determines that the board's findings are	8986
reasonable, it shall approve the board's request. Upon receipt of	8987
the commission's approval, the district may issue securities	8988
without a vote of the electors in a principal amount not to exceed	8989
nine-tenths of one per cent of its tax valuation for the purpose	8990
of making such installations, modifications, or remodeling, but	8991
the total net indebtedness of the district without a vote of the	8992
electors incurred under this and all other sections of the Revised	8993
Code, except section 3318.052 of the Revised Code, shall not	8994
exceed one per cent of the district's tax valuation.	8995

So long as any securities issued under division (G) of this	8996
section remain outstanding, the board of education shall monitor	8997
the energy consumption and resultant operational and maintenance	8998
costs of buildings in which installations or modifications have	8999
been made or remodeling has been done pursuant to division (G) of	9000
this section and shall maintain and annually update a report	9001
documenting the reductions in energy consumption and resultant	9002
operational and maintenance cost savings attributable to such	9003
installations, modifications, or remodeling. The report shall be	9004
certified by an architect or engineer independent of any person	9005
that provided goods or services to the board in connection with	9006
the energy conservation measures that are the subject of the	9007
report. The resultant operational and maintenance cost savings	9008
shall be certified by the school district treasurer. The report	9009
shall be ~~made available~~submitted annually to the commission ~~upon~~	9010
~~request~~.	9011

(H) With the consent of the superintendent of public	9012
instruction, a school district may incur without a vote of the	9013
electors net indebtedness that exceeds the amounts stated in	9014
divisions (A) and (G) of this section for the purpose of paying	9015
costs of permanent improvements, if and to the extent that both of	9016
the following conditions are satisfied:	9017

(1) The fiscal officer of the school district estimates that	9018
receipts of the school district from payments made under or	9019
pursuant to agreements entered into pursuant to section 725.02,	9020
1728.10, 3735.671, 5709.081, 5709.082, 5709.40, 5709.41, 5709.62,	9021
5709.63, 5709.632, 5709.73, 5709.78, or 5709.82 of the Revised	9022
Code, or distributions under division (C) of section 5709.43 of	9023
the Revised Code, or any combination thereof, are, after	9024
accounting for any appropriate coverage requirements, sufficient	9025
in time and amount, and are committed by the proceedings, to pay	9026
the debt charges on the securities issued to evidence that	9027
indebtedness and payable from those receipts, and the taxing	9028
authority of the district confirms the fiscal officer's estimate,	9029
which confirmation is approved by the superintendent of public	9030
instruction;	9031

(2) The fiscal officer of the school district certifies, and	9032
the taxing authority of the district confirms, that the district,	9033
at the time of the certification and confirmation, reasonably	9034
expects to have sufficient revenue available for the purpose of	9035
operating such permanent improvements for their intended purpose	9036
upon acquisition or completion thereof, and the superintendent of	9037
public instruction approves the taxing authority's confirmation.	9038

The maximum maturity of securities issued under division (H)	9039
of this section shall be the lesser of twenty years or the maximum	9040
maturity calculated under section 133.20 of the Revised Code.	9041

(I) A school district may incur net indebtedness by the	9042
issuance of securities in accordance with the provisions of this	9043
chapter in excess of the limit specified in division (B) or (C) of	9044
this section when necessary to raise the school district portion	9045
of the basic project cost and any additional funds necessary to	9046
participate in a project under Chapter 3318. of the Revised Code,	9047
including the cost of items designated by the Ohio school	9048
facilities commission as required locally funded initiatives and	9049
the cost for site acquisition. The school facilities commission	9050
shall notify the superintendent of public instruction whenever a	9051
school district will exceed either limit pursuant to this	9052
division.	9053

(J) A school district whose portion of the basic project cost	9054
of its classroom facilities project under sections 3318.01 to	9055
3318.20 of the Revised Code is greater than or equal to one	9056
hundred million dollars may incur without a vote of the electors	9057
net indebtedness in an amount up to two per cent of its tax	9058
valuation through the issuance of general obligation securities in	9059
order to generate all or part of the amount of its portion of the	9060
basic project cost if the controlling board has approved the	9061
school facilities commission's conditional approval of the project	9062
under section 3318.04 of the Revised Code. The school district	9063
board and the Ohio school facilities commission shall include the	9064
dedication of the proceeds of such securities in the agreement	9065
entered into under section 3318.08 of the Revised Code. No state	9066
moneys shall be released for a project to which this section	9067
applies until the proceeds of any bonds issued under this section	9068
that are dedicated for the payment of the school district portion	9069
of the project are first deposited into the school district's	9070
project construction fund.	9071

Sec. 133.20. (A) This section applies to bonds that are	9072
general obligation Chapter 133. securities. If the bonds are	9073
payable as to principal by provision for annual installments, the	9074
period of limitations on their last maturity, referred to as their	9075
maximum maturity, shall be measured from a date twelve months	9076
prior to the first date on which provision for payment of	9077
principal is made. If the bonds are payable as to principal by	9078
provision for semiannual installments, the period of limitations	9079
on their last maturity shall be measured from a date six months	9080
prior to the first date on which provision for payment of	9081
principal is made.	9082

(B) Bonds issued for the following permanent improvements or	9083
for permanent improvements for the following purposes shall have	9084
maximum maturities not exceeding the number of years stated:	9085

(1) Fifty years:

9086

(a) The clearance and preparation of real property for	9087
redevelopment as an urban redevelopment project;	9088

(b) Acquiring, constructing, widening, relocating, enlarging,	9089
extending, and improving a publicly owned railroad or line of	9090
railway or a light or heavy rail rapid transit system, including	9091
related bridges, overpasses, underpasses, and tunnels, but not	9092
including rolling stock or equipment;	9093

(c) Pursuant to section 307.675 of the Revised Code,	9094
constructing or repairing a bridge using long life expectancy	9095
material for the bridge deck, and purchasing, installing, and	9096
maintaining any performance equipment to monitor the physical	9097
condition of a bridge so constructed or repaired. Additionally,	9098
the average maturity of the bonds shall not exceed the expected	9099
useful life of the bridge deck as determined by the county	9100
engineer under that section.	9101

(2) Forty years:

9102

(a) General waterworks or water system permanent	9103
improvements, including buildings, water mains, or other	9104
structures and facilities in connection therewith;	9105

(b) Sewers or sewage treatment or disposal works or	9106
facilities, including fireproof buildings or other structures in	9107
connection therewith;	9108

(c) Storm water drainage, surface water, and flood prevention	9109
facilities.	9110

(3) Thirty-five years:

9111

(a) An arena, a convention center, or a combination of an	9112
arena and convention center under section 307.695 of the Revised	9113
Code;	9114

(b) Sports facilities.

9115

(4) Thirty years:

9116

(a) Municipal recreation, excluding recreational equipment;

9117

(b) Urban redevelopment projects;

9118

(c) Acquisition of real property, except as provided in	9119
division (F) of this section;	9120

(d) Street or alley lighting purposes or relocating overhead	9121
wires, cables, and appurtenant equipment underground.	9122

(5) Twenty years: constructing, reconstructing, widening,	9123
opening, improving, grading, draining, paving, extending, or	9124
changing the line of roads, highways, expressways, freeways,	9125
streets, sidewalks, alleys, or curbs and gutters, and related	9126
bridges, viaducts, overpasses, underpasses, grade crossing	9127
eliminations, service and access highways, and tunnels.	9128

(6) Fifteen years:

9129

(a) Resurfacing roads, highways, streets, or alleys;

9130

(b) Alarm, telegraph, or other communications systems for	9131
police or fire departments or other emergency services;	9132

9133

(d) Energy conservation measures as authorized by section	9134
133.06 of the Revised Code.	9135

(7) Ten years:

9136

(a) Water meters;

9137

(b) Fire department apparatus and equipment;

9138

(c) Road rollers and other road construction and servicing	9139
vehicles;	9140

(d) Furniture, equipment, and furnishings;

9141

(e) Landscape planting and other site improvements;

9142

(f) Playground, athletic, and recreational equipment and	9143
apparatus;	9144

(g) Energy conservation measures as authorized by section	9145
505.264 of the Revised Code.	9146

(8) Five years: New motor vehicles other than those described	9147
in any other division of this section and those for which	9148
provision is made in other provisions of the Revised Code.	9149

(C) Bonds issued for any permanent improvements not within	9150
the categories set forth in division (B) of this section shall	9151
have maximum maturities of from five to thirty years as the fiscal	9152
officer estimates is the estimated life or period of usefulness of	9153
those permanent improvements. Bonds issued under section 133.51 of	9154
the Revised Code for purposes other than permanent improvements	9155
shall have the maturities, not to exceed forty years, that the	9156
taxing authority shall specify. Bonds issued for energy	9157
conservation measures under section 307.041 of the Revised Code	9158
shall have maximum maturities not exceeding the lesser of the	9159
average life of the energy conservation measures as detailed in	9160
the energy conservation report prepared under that section or	9161
thirty years.	9162

(D) Securities issued under section 505.265 of the Revised	9163
Code shall mature not later than December 31, 2035.	9164

(E) A securities issue for one purpose may include permanent	9165
improvements within two or more categories under divisions (B) and	9166
(C) of this section. The maximum maturity of such a bond issue	9167
shall not exceed the average number of years of life or period of	9168
usefulness of the permanent improvements as measured by the	9169
weighted average of the amounts expended or proposed to be	9170
expended for the categories of permanent improvements.	9171

(F) Securities issued by a school district or county to	9172
acquire or construct real property shall have a maximum maturity	9173
longer than thirty years, but not longer than forty years, if the	9174
~~school district's~~ fiscal officer of the school district or county	9175
estimates the real property's useful life to be longer than thirty	9176
years, and certifies that estimate to the board of education or	9177
board of county commissioners, respectively.	9178

Sec. 135.61. As used in sections 135.61 to 135.67 of the	9179
Revised Code:	9180

(A) "Eligible small business" means any person, including,	9181
but not limited to a person engaged in agriculture, that has all	9182
of the following characteristics:	9183

(1) Is headquartered in this state;

9184

(2) Maintains offices and operating facilities exclusively in	9185
this state and transacts business in this state;	9186

(3) Employs fewer than one hundred fifty employees, the	9187
majority of whom are residents of this state;	9188

(4) Is organized for profit.

9189

(B) "Eligible lending institution" means a financial	9190
institution that is eligible to make commercial loans, is a public	9191
depository of state funds under section 135.03 of the Revised	9192
Code, and agrees to participate in the linked deposit program.	9193

(C) "Linked deposit" means a certificate of deposit or other	9194
financial institution instrument placed by the treasurer of state	9195
with an eligible lending institution at a rate below current	9196
market rates, as determined and calculated by the treasurer of	9197
state, provided the institution agrees to lend the value of such	9198
deposit, according to the deposit agreement provided in division	9199
(C) of section 135.65 of the Revised Code, to eligible small	9200
businesses at a rate that reflects an equal percentage rate	9201
reduction below the present borrowing rate applicable to each	9202
specific business at the time of the deposit of state funds in the	9203
institution.	9204

(D) "Other financial institution instrument" has the same	9205
meaning as in section 135.81 of the Revised Code.	9206

Sec. 135.65. (A) The treasurer of state may accept or reject	9207
a linked deposit loan package or any portion thereof, based on the	9208
treasurer's evaluation of the eligible small businesses included	9209
in the package and the amount of state funds to be deposited. When	9210
evaluating the eligible small businesses, the treasurer shall give	9211
priority to the economic needs of the area where the business is	9212
located and the ratio of state funds to be deposited to jobs	9213
sustained or created and shall also consider any reports,	9214
statements, or plans applicable to the business, the overall	9215
financial need of the business, and such other factors as the	9216
treasurer considers appropriate.	9217

(B) Upon acceptance of the linked deposit loan package or any	9218
portion thereof, the treasurer of state may place certificates of	9219
deposit or other financial institution instruments with the	9220
eligible lending institution at a rate below current market rates,	9221
as determined and calculated by the treasurer of state. When	9222
necessary, the treasurer may place certificates of deposit or	9223
other financial institution instruments prior to acceptance of a	9224
linked deposit loan package.	9225

(C) The eligible lending institution shall enter into a	9226
deposit agreement with the treasurer of state, which shall include	9227
requirements necessary to carry out the purposes of sections	9228
135.61 to 135.67 of the Revised Code. Such requirements shall	9229
reflect the market conditions prevailing in the eligible lending	9230
institution's lending area. The agreement may include a	9231
specification of the period of time in which the lending	9232
institution is to lend funds upon the placement of a linked	9233
deposit, and shall include provisions for the certificates of	9234
deposit or other financial institution instruments to be placed	9235
for any maturity considered appropriate by the treasurer of state	9236
not to exceed two years, and may be renewed for up to an	9237
additional two years at the option of the treasurer. Interest	9238
shall be paid at the times determined by the treasurer of state.	9239

(D) Eligible lending institutions shall comply fully with	9240
Chapter 135. of the Revised Code.	9241

Sec. 135.66. (A) Upon the placement of a linked deposit with	9242
an eligible lending institution, such institution is required to	9243
lend such funds to each approved eligible small business listed in	9244
the linked deposit loan package required by division (D) of	9245
section 135.64 of the Revised Code and in accordance with the	9246
deposit agreement required by division (C) of section 135.65 of	9247
the Revised Code. The loan shall be at a rate that reflects a	9248
percentage rate reduction below the present borrowing rate	9249
applicable to each business that is equal to the percentage rate	9250
reduction below market rates at which the ~~certificate~~certificates	9251
of ~~deposits~~deposit or other financial institution instruments	9252
that constitute the linked deposit were placed. A certification of	9253
compliance with this section in the form and manner as prescribed	9254
by the treasurer of state shall be required of the eligible	9255
lending institution.	9256

(B) The treasurer of state shall take any and all steps	9257
necessary to implement the linked deposit program and monitor	9258
compliance of eligible lending institutions and eligible small	9259
businesses, including the development of guidelines as necessary.	9260
The treasurer of state and the department of development shall	9261
notify each other at least quarterly of the names of the	9262
businesses receiving financial assistance from their respective	9263
programs.	9264

Annually, by the first day of February, the treasurer of	9265
state shall report on the linked deposits program for the	9266
preceding calendar year to the governor, the speaker of the house	9267
of representatives, and the president of the senate. The speaker	9268
of the house shall transmit copies of this report to the	9269
chairpersons of the standing committees in the house which	9270
customarily consider legislation regarding agriculture and small	9271
business, and the president of the senate shall transmit copies of	9272
this report to the chairpersons of the standing committees in the	9273
senate which customarily consider legislation regarding	9274
agriculture and small business. The report shall set forth the	9275
linked deposits made by the treasurer of state under the program	9276
during the year and shall include information regarding the	9277
nature, terms, and amounts of the loans upon which the linked	9278
deposits were based and the eligible small businesses to which the	9279
loans were made.	9280

Sec. 145.27. (A)(1) As used in this division, "personal	9281
history record" means information maintained by the public	9282
employees retirement board on an individual who is a member,	9283
former member, contributor, former contributor, retirant, or	9284
beneficiary that includes the address, telephone number, social	9285
security number, record of contributions, correspondence with the	9286
public employees retirement system, or other information the board	9287
determines to be confidential.	9288

(2) The records of the board shall be open to public	9289
inspection, except that the following shall be excluded, except	9290
with the written authorization of the individual concerned:	9291

(a) The individual's statement of previous service and other	9292
information as provided for in section 145.16 of the Revised Code;	9293

(b) The amount of a monthly allowance or benefit paid to the	9294
individual;	9295

9296

(B) All medical reports and recommendations required by this	9297
chapter are privileged, except that copies of such medical reports	9298
or recommendations shall be made available to the personal	9299
physician, attorney, or authorized agent of the individual	9300
concerned upon written release from the individual or the	9301
individual's agent, or when necessary for the proper	9302
administration of the fund, to the board assigned physician.	9303

(C) Any person who is a member or contributor of the system	9304
shall be furnished with a statement of the amount to the credit of	9305
the individual's account upon written request. The board is not	9306
required to answer more than one such request of a person in any	9307
one year. The board may issue annual statements of accounts to	9308
members and contributors.	9309

(D) Notwithstanding the exceptions to public inspection in	9310
division (A)(2) of this section, the board may furnish the	9311
following information:	9312

(1) If a member, former member, contributor, former	9313
contributor, or retirant is subject to an order issued under	9314
section 2907.15 of the Revised Code or an order issued under	9315
division (A) or (B) of section 2929.192 of the Revised Code or is	9316
convicted of or pleads guilty to a violation of section 2921.41 of	9317
the Revised Code, on written request of a prosecutor as defined in	9318
section 2935.01 of the Revised Code, the board shall furnish to	9319
the prosecutor the information requested from the individual's	9320
personal history record.	9321

(2) Pursuant to a court or administrative order issued	9322
pursuant to Chapter 3119., 3121., 3123., or 3125. of the Revised	9323
Code, the board shall furnish to a court or child support	9324
enforcement agency the information required under that section.	9325

(3) At the written request of any person, the board shall	9326
provide to the person a list of the names and addresses of	9327
members, former members, contributors, former contributors,	9328
retirants, or beneficiaries. The costs of compiling, copying, and	9329
mailing the list shall be paid by such person.	9330

(4) Within fourteen days after receiving from the director of	9331
job and family services a list of the names and social security	9332
numbers of recipients of public assistance pursuant to section	9333
5101.181 of the Revised Code, the board shall inform the auditor	9334
of state of the name, current or most recent employer address, and	9335
social security number of each member whose name and social	9336
security number are the same as that of a person whose name or	9337
social security number was submitted by the director. The board	9338
and its employees shall, except for purposes of furnishing the	9339
auditor of state with information required by this section,	9340
preserve the confidentiality of recipients of public assistance in	9341
compliance with ~~division (A) of~~ section 5101.181 of the Revised	9342
Code.	9343

(5) The system shall comply with orders issued under section	9344
3105.87 of the Revised Code.	9345

On the written request of an alternate payee, as defined in	9346
section 3105.80 of the Revised Code, the system shall furnish to	9347
the alternate payee information on the amount and status of any	9348
amounts payable to the alternate payee under an order issued under	9349
section 3105.171 or 3105.65 of the Revised Code.	9350

(6) At the request of any person, the board shall make	9351
available to the person copies of all documents, including	9352
resumes, in the board's possession regarding filling a vacancy of	9353
an employee member or retirant member of the board. The person who	9354
made the request shall pay the cost of compiling, copying, and	9355
mailing the documents. The information described in division	9356
(D)(6) of this section is a public record.	9357

(E) A statement that contains information obtained from the	9358
system's records that is signed by the executive director or an	9359
officer of the system and to which the system's official seal is	9360
affixed, or copies of the system's records to which the signature	9361
and seal are attached, shall be received as true copies of the	9362
system's records in any court or before any officer of this state.	9363

Sec. 149.01. Each elective state officer, the adjutant	9364
general, the adult parole authority, the department of	9365
agriculture, the director of administrative services, the public	9366
utilities commission, the superintendent of insurance, the	9367
superintendent of financial institutions, the superintendent of	9368
purchases and printing, the state commissioner of soldiers'	9369
claims, the fire marshal, the industrial commission, the	9370
administrator of workers' compensation, the state department of	9371
transportation, the department of health, the state medical board,	9372
the state dental board, the board of embalmers and funeral	9373
directors, the Ohio commission for the blind, the accountancy	9374
board of Ohio, the state council of uniform state laws, the board	9375
of commissioners of the sinking fund, the department of taxation,	9376
the board of tax appeals, ~~the clerk of the supreme court,~~ the	9377
division of liquor control, the director of state armories, the	9378
trustees of the Ohio state university, and every private or	9379
quasi-public institution, association, board, or corporation	9380
receiving state money for its use and purpose shall make annually,	9381
at the end of each fiscal year, in quadruplicate, a report of the	9382
transactions and proceedings of that office or department for that	9383
fiscal year, excepting receipts and disbursements unless otherwise	9384
specifically required by law. The report shall contain a summary	9385
of the official acts of the officer, board, council, commission,	9386
institution, association, or corporation and any suggestions and	9387
recommendations that are proper. On the first day of August of	9388
each year, one of the reports shall be filed with the governor,	9389
one with the secretary of state, and one with the state library,	9390
and one shall be kept on file in the office of the officer, board,	9391
council, commission, institution, association, or corporation.	9392

Sec. 149.091. (A) ~~Except as otherwise provided in division~~	9393
~~(C) of this section, the~~The secretary of state shall compile,	9394
publish, and distribute the session laws either annually or	9395
biennially in a paper or electronic format ~~a maximum of nine~~	9396
~~hundred copies of the session laws~~. The annual or biennial	9397
publication shall contain all enrolled acts and joint resolutions.	9398
~~The secretary of state shall cause to be printed with each~~	9399
~~compilation of enrolled acts and joint resolutions distributed~~, a	9400
subject index, a table indicating Revised Code sections affected,	9401
and the secretary of state's certificate that the laws, as	9402
compiled and distributed, are true copies of the original enrolled	9403
acts or joint resolutions in the secretary of state's office.	9404

(B)(1) The secretary of state ~~shall~~may distribute the	9405
~~compilations~~paper or electronic format of the session laws in	9406
free of charge to the following ~~manner~~persons or entities:	9407

~~(1) One shall be forwarded to each~~(a) Each county auditor.

9408

~~(2) One shall be forwarded to each~~(b) Each county law	9409
library.	9410

~~(3) Two hundred may be distributed, free of charge, to~~(c)	9411
Other public officials upon request of the public official.	9412

~~(4) Remaining compilations may be sold by the secretary of~~	9413
~~state at a price that shall not exceed the actual cost of~~	9414
~~publication and distribution.~~	9415

~~(B) Notwithstanding division (C) of this section, the~~	9416
~~secretary of state shall compile, publish, and distribute, either~~	9417
~~annually or biennially, in permanently bound volumes, a minimum of~~	9418
~~twenty-five copies of the session laws. The annual or biennial~~	9419
~~volumes shall contain copies of all enrolled acts and joint~~	9420
~~resolutions. The secretary of state shall cause to be printed with~~	9421
~~each volume of enrolled acts and joint resolutions distributed a~~	9422
~~subject index, a table indicating Revised Code sections affected,~~	9423
~~and the secretary of state's certificate that the laws so~~	9424
~~assembled are true copies of the original enrolled acts or joint~~	9425
~~resolutions in the secretary of state's office.~~	9426

(2) The secretary of state shall distribute the ~~permanently~~	9427
~~bound volumes~~paper or electronic format of the session laws in	9428
free of charge to the following ~~manner~~persons or entities:	9429

~~(1) Five copies shall be forwarded to the~~(a) The clerk of	9430
the house of representatives.	9431

~~(2) Five copies shall be forwarded to the~~(b) The clerk of	9432
the senate.	9433

~~(3) Five copies shall be forwarded to the~~(c) The legislative	9434
service commission.	9435

~~(4) Two copies shall be forwarded to the~~(d) The Ohio supreme	9436
court.	9437

~~(5) Two copies shall be forwarded to the~~(e) The document	9438
division of the library of congress.	9439

~~(6) Two copies shall be forwarded to the~~(f) The state	9440
library.	9441

~~(7) Two copies shall be forwarded to the~~(g) The Ohio	9442
historical society.	9443

~~(8) Two copies shall be retained by the~~The secretary of	9444
state shall retain a paper or electronic format of the session	9445
laws.	9446

(C) ~~The secretary of state annually or biennially may~~	9447
~~compile, publish, and distribute the session laws in an electronic~~	9448
~~format instead of compiling and publishing the session laws as~~	9449
~~provided in division (A) of this section. If the secretary of~~	9450
~~state compiles and publishes the session laws in an electronic~~	9451
~~format, the following apply:~~	9452

~~(1) The session laws in electronic format shall include~~	9453
~~copies of all enrolled acts and joint resolutions and shall~~	9454
~~contain a subject index and a table indicating Revised Code~~	9455
~~sections affected.~~	9456

~~(2) Each compilation of the session laws in electronic format~~	9457
~~shall include the secretary of state's certificate that the laws~~	9458
~~so compiled and published are true copies of the original enrolled~~	9459
~~acts and joint resolutions in the secretary of state's office.~~	9460

~~(3) The session laws may be distributed in an electronic~~	9461
~~format to public officials free of charge.~~	9462

~~(4)~~ The session laws may be sold in ana paper or electronic	9463
format to individuals or entities not specified in division ~~(A) or~~	9464
(B) of this section. The price shall not exceed the actual cost of	9465
producing and distributing the session laws in ana paper or	9466
electronic format.	9467

Sec. 149.11. Any department, division, bureau, board, or	9468
commission of the state government issuing a report, pamphlet,	9469
document, or other publication intended for general public use and	9470
distribution, which publication is reproduced by duplicating	9471
processes such as mimeograph, multigraph, planograph, rotaprint,	9472
or multilith, or printed internally or through a contract awarded	9473
to any person, company, or the state printing division of the	9474
department of administrative services, shall cause to be delivered	9475
to the state library one hundred copies of the publication,	9476
subject to the provisions of section 125.42 of the Revised Code.	9477

The state library board shall distribute the publications so	9478
received as follows:	9479

(A) Retain two copies in the state library;

9480

(B) Send two copies to the document division of the library	9481
of congress;	9482

(C) Send one copy to the Ohio historical society and to each	9483
public or college library in the state designated by the state	9484
library board to be a depository for state publications. In	9485
designating which libraries shall be depositories, the board shall	9486
select those libraries that can best preserve those publications	9487
and that are so located geographically as will make the	9488
publications conveniently accessible to residents in all areas of	9489
the state.	9490

(D) Send one copy to each state in exchange for like	9491
publications of that state.	9492

The provisions of this section ~~shall~~do not apply to any	9493
publication of the general assembly or to the publications	9494
described in sections 149.07, 149.08, 149.091, and 149.17 of the	9495
Revised Code, except that the secretary of state shall forward to	9496
the document division of the library of congress two copies of all	9497
journals, two copies of the session laws ~~in bound form~~ as provided	9498
for in section 149.091 of the Revised Code, and two copies of all	9499
appropriation laws in separate form.	9500

Sec. 149.308. There is hereby created in the state treasury	9501
the Ohio historical society income tax contribution fund, which	9502
shall consist of money contributed to it under section 5747.113 of	9503
the Revised Code for taxable years beginning on or after January	9504
1, 2011, and of contributions made directly to it. Any person may	9505
contribute directly to the fund in addition to or independently of	9506
the income tax refund contribution system established in section	9507
5747.113 of the Revised Code.	9508

The Ohio historical society shall use money credited to the	9509
fund in furtherance of the public functions with which the society	9510
is charged under section 149.30 of the Revised Code.	9511

Sec. 149.311. (A) As used in this section:

9512

(1) "Historic building" means a building, including its	9513
structural components, that is located in this state and that is	9514
either individually listed on the national register of historic	9515
places under 16 U.S.C. 470a, located in a registered historic	9516
district, and certified by the state historic preservation officer	9517
as being of historic significance to the district, or is	9518
individually listed as a historic landmark designated by a local	9519
government certified under 16 U.S.C. 470a(c).	9520

(2) "Qualified rehabilitation expenditures" means	9521
expenditures paid or incurred during the rehabilitation period,	9522
and before and after that period as determined under 26 U.S.C. 47,	9523
by an owner of a historic building to rehabilitate the building.	9524
"Qualified rehabilitation expenditures" includes architectural or	9525
engineering fees paid or incurred in connection with the	9526
rehabilitation, and expenses incurred in the preparation of	9527
nomination forms for listing on the national register of historic	9528
places. "Qualified rehabilitation expenditures" does not include	9529
any of the following:	9530

(a) The cost of acquiring, expanding, or enlarging a historic	9531
building;	9532

(b) Expenditures attributable to work done to facilities	9533
related to the building, such as parking lots, sidewalks, and	9534
landscaping;	9535

9536

(3) "Owner" of a historic building means a person holding the	9537
fee simple interest in the building. "Owner" does not include the	9538
state or a state agency, or any political subdivision as defined	9539
in section 9.23 of the Revised Code.	9540

(4) "Certificate owner" means the owner of a historic	9541
building to which a rehabilitation tax credit certificate was	9542
issued under this section.	9543

(5) "Registered historic district" means a historic district	9544
listed in the national register of historic places under 16 U.S.C.	9545
470a, a historic district designated by a local government	9546
certified under 16 U.S.C. 470a(c), or a local historic district	9547
certified under 36 C.F.R. 67.8 and 67.9.	9548

(6) "Rehabilitation" means the process of repairing or	9549
altering a historic building or buildings, making possible an	9550
efficient use while preserving those portions and features of the	9551
building and its site and environment that are significant to its	9552
historic, architectural, and cultural values.	9553

(7) "Rehabilitation period" means one of the following:

9554

(a) If the rehabilitation initially was not planned to be	9555
completed in stages, a period chosen by the owner not to exceed	9556
twenty-four months during which rehabilitation occurs;	9557

(b) If the rehabilitation initially was planned to be	9558
completed in stages, a period chosen by the owner not to exceed	9559
sixty months during which rehabilitation occurs.	9560

(8) "State historic preservation officer" or "officer" means	9561
the state historic preservation officer appointed by the governor	9562
under 16 U.S.C. 470a.	9563

~~(9) "Application period" means any of the following time~~	9564
~~periods for which an application for a rehabilitation tax credit~~	9565
~~certificate may be filed under this section:~~	9566

~~(a) July 1, 2007, through June 30, 2008;~~

9567

~~(b) July 1, 2009, through June 30, 2010;~~

9568

~~(c) July 1, 2010, through June 30, 2011.~~

9569

(B) ~~For any application period, the~~The owner of a historic	9570
building may apply to the state historic preservation officer for	9571
a rehabilitation tax credit certificate for qualified	9572
rehabilitation expenditures paid or incurred after April 4, 2007,	9573
for rehabilitation of a historic building. The form and manner of	9574
filing such applications shall be prescribed by rule of the	9575
director of development~~, and, except as otherwise provided in~~	9576
~~division (D) of this section, applications expire at the end of~~	9577
~~each application period~~. Each application shall state the amount	9578
of qualified rehabilitation expenditures the applicant estimates	9579
will be paid or incurred. The director may require applicants to	9580
furnish documentation of such estimates.	9581

The director, after consultation with the tax commissioner	9582
and in accordance with Chapter 119. of the Revised Code, shall	9583
adopt rules that establish all of the following:	9584

(1) Forms and procedures by which applicants may apply for	9585
rehabilitation tax credit certificates;	9586

(2) Criteria for reviewing, evaluating, and approving	9587
applications for certificates within the limitations under	9588
division (D) of this section, criteria for assuring that the	9589
certificates issued encompass a mixture of high and low qualified	9590
rehabilitation expenditures, and criteria for issuing certificates	9591
under division (C)(3)(b) of this section;	9592

(3) Eligibility requirements for obtaining a certificate	9593
under this section;	9594

(4) The form of rehabilitation tax credit certificates;

9595

(5) Reporting requirements and monitoring procedures;

9596

(6) Any other rules necessary to implement and administer	9597
this section.	9598

(C) The state historic preservation officer shall accept	9599
applications and forward them to the director of development, who	9600
shall review the applications and determine whether all of the	9601
following criteria are met:	9602

(1) That the building that is the subject of the application	9603
is a historic building and the applicant is the owner of the	9604
building;	9605

(2) That the rehabilitation will satisfy standards prescribed	9606
by the United States secretary of the interior under 16 U.S.C.	9607
470, et seq., as amended, and 36 C.F.R. 67.7 or a successor to	9608
that section;	9609

(3) That receiving a rehabilitation tax credit certificate	9610
under this section is a major factor in:	9611

(a) The applicant's decision to rehabilitate the historic	9612
building; or	9613

(b) To increase the level of investment in such	9614
rehabilitation.	9615

An applicant shall demonstrate to the satisfaction of the	9616
state historic preservation officer and director of development	9617
that the rehabilitation will satisfy the standards described in	9618
division (C)(2) of this section before the applicant begins the	9619
physical rehabilitation of the historic building.	9620

(D)(1) The director of development may approve an application	9621
and issue a rehabilitation tax credit certificate to an applicant	9622
only if the director determines that the criteria in divisions	9623
(C)(1), (2), and (3) of this section are met. The director shall	9624
consider the potential economic impact and the regional	9625
distributive balance of the credits throughout the state.	9626

(2) A rehabilitation tax credit certificate shall not be	9627
issued before rehabilitation of a historic building is completed	9628
or for an amount greater than the estimated amount furnished by	9629
the applicant on the application for such certificate and approved	9630
by the director. The director shall not approve more than a total	9631
of ~~sixty~~twenty-five million dollars of rehabilitation tax credits	9632
~~for an application period~~per fiscal year.	9633

(3) ~~Of the sixty million dollars approved for application~~	9634
~~periods July 1, 2009, through June 30, 2010, and July 1, 2010,~~	9635
~~through June 30, 2011, forty-five million dollars shall be~~	9636
~~reserved in each application period for the award of~~	9637
~~rehabilitation tax credit certificates to applicants who, as of~~	9638
~~March 1, 2008, had filed completed applications that met the~~	9639
~~criteria described in divisions (C)(1), (2), and (3) of this~~	9640
~~section, who have not withdrawn the application, and who have not~~	9641
~~yet been approved to receive a certificate. If the total amount of~~	9642
~~credits awarded for such applications is less than forty-five~~	9643
~~million dollars in an application period, the remainder shall be~~	9644
~~made available for other qualifying applications for that~~	9645
~~application period.~~	9646

~~(4)~~ If an applicant whose application is approved for receipt	9647
of a rehabilitation tax credit certificate fails to provide to the	9648
director of development sufficient evidence of reviewable	9649
progress, including a viable financial plan, copies of final	9650
construction drawings, and evidence that the applicant has	9651
obtained all historic approvals within twelve months after the	9652
date the applicant received notification of approval, or if the	9653
applicant fails to provide evidence to the director of development	9654
that the applicant has secured and closed on financing for the	9655
rehabilitation within eighteen months after receiving notification	9656
of approval, the director shall notify the applicant that the	9657
approval has been rescinded. Credits that would have been	9658
available to an applicant whose approval was rescinded shall be	9659
available for other qualified applicants. Nothing in this division	9660
prohibits an applicant whose approval has been rescinded from	9661
submitting a new application for a rehabilitation tax credit	9662
certificate.	9663

(E) Issuance of a certificate represents a finding by the	9664
director of development of the matters described in divisions	9665
(C)(1), (2), and (3) of this section only; issuance of a	9666
certificate does not represent a verification or certification by	9667
the director of the amount of qualified rehabilitation	9668
expenditures for which a tax credit may be claimed under section	9669
5725.151, 5733.47, or 5747.76 of the Revised Code. The amount of	9670
qualified rehabilitation expenditures for which a tax credit may	9671
be claimed is subject to inspection and examination by the tax	9672
commissioner or employees of the commissioner under section	9673
5703.19 of the Revised Code and any other applicable law. Upon the	9674
issuance of a certificate, the director shall certify to the tax	9675
commissioner, in the form and manner requested by the tax	9676
commissioner, the name of the applicant, the amount of qualified	9677
rehabilitation expenditures shown on the certificate, and any	9678
other information required by the rules adopted under this	9679
section.	9680

(F)(1) On or before the first day of December ~~in 2007, 2008,~~	9681
~~2009, 2010, and 2011~~each year, the director of development and	9682
tax commissioner jointly shall submit to the president of the	9683
senate and the speaker of the house of representatives a report on	9684
the tax credit program established under this section and sections	9685
5725.151, 5733.47, and 5747.76 of the Revised Code. The report	9686
shall present an overview of the program and shall include	9687
information on the number of rehabilitation tax credit	9688
certificates issued under this section during ~~an application~~	9689
~~period~~the preceding fiscal year, an update on the status of each	9690
historic building for which an application was approved under this	9691
section, the dollar amount of the tax credits granted under	9692
sections 5725.151, 5733.47, and 5747.76 of the Revised Code, and	9693
any other information the director and commissioner consider	9694
relevant to the topics addressed in the report.	9695

(2) On or before December 1, 2012, the director of	9696
development and tax commissioner jointly shall submit to the	9697
president of the senate and the speaker of the house of	9698
representatives a comprehensive report that includes the	9699
information required by division (F)(1) of this section and a	9700
detailed analysis of the effectiveness of issuing tax credits for	9701
rehabilitating historic buildings. The report shall be prepared	9702
with the assistance of an economic research organization jointly	9703
chosen by the director and commissioner.	9704

Sec. 153.01. (A) Whenever any building or structure for the	9705
use of the state or any institution supported in whole or in part	9706
by the state or in or upon the public works of the state that is	9707
administered by the director of administrative services or by any	9708
other state officer or state agency authorized by law to	9709
administer a project, including an educational institution listed	9710
in section 3345.50 of the Revised Code, is to be erected or	9711
constructed, whenever additions, alterations, or structural or	9712
other improvements are to be made, or whenever heating, cooling,	9713
or ventilating plants or other equipment is to be installed or	9714
material supplied therefor, the ~~aggregate~~estimated cost of which	9715
amounts to ~~fifty~~two hundred thousand dollars or more, or the	9716
amount determined pursuant to section 153.53 of the Revised Code	9717
or more, each officer, board, or other authority upon which	9718
devolves the duty of constructing, erecting, altering, or	9719
installing the same, referred to in sections 153.01 to 153.60 of	9720
the Revised Code as the ~~owner~~public authority, shall cause to be	9721
made, by an architect or engineer whose contract of employment	9722
shall be prepared and approved by the attorney general, the	9723
following:	9724

~~(A)~~(1) Full and accurate plans, suitable for the use of	9725
mechanics and other builders in the construction, improvement,	9726
addition, alteration, or installation;	9727

~~(B)~~(2) Details to scale and full-sized, so drawn and	9728
represented as to be easily understood;	9729

~~(C) Accurate bills showing the exact quantity of different~~	9730
~~kinds of material necessary to the construction;~~	9731

~~(D)~~(3) Definite and complete specifications of the work to be	9732
performed, together with directions that will enable a competent	9733
mechanic or other builder to carry them out and afford bidders all	9734
needful information;	9735

~~(E)~~(4) A full and accurate estimate of each item of expense	9736
and the aggregate cost of those items of expense;	9737

~~(F)~~(5) A life-cycle cost analysis;

9738

~~(G)~~(6) Further data as may be required by the department of	9739
administrative services.	9740

(B) The data described in divisions (A)(1) to (6) of this	9741
section shall not be required with respect to any work to be	9742
performed pursuant to a construction management contract entered	9743
into with a construction manager at risk as described in section	9744
9.334 of the Revised Code or pursuant to a design-build contract	9745
entered into with a design-build firm as described in section	9746
153.693 of the Revised Code.	9747

Sec. 153.02. (A) The director of administrative services, on	9748
the director's own initiative or upon request of the Ohio school	9749
facilities commission, may debar a contractor from contract awards	9750
for public improvements as referred to in section 153.01 of the	9751
Revised Code or for projects as defined in section 3318.01 of the	9752
Revised Code, upon proof that the contractor has done any of the	9753
following:	9754

(1) Defaulted on a contract requiring the execution of a	9755
takeover agreement as set forth in division (B) of section 153.17	9756
of the Revised Code;	9757

(2) Knowingly failed during the course of a contract to	9758
maintain the coverage required by the bureau of workers'	9759
compensation;	9760

(3) Knowingly failed during the course of a contract to	9761
maintain the contractor's drug-free workplace program as required	9762
by the contract;	9763

(4) Knowingly failed during the course of a contract to	9764
maintain insurance required by the contract or otherwise by law,	9765
resulting in a substantial loss to the owner, as owner is referred	9766
to in section 153.01 of the Revised Code, or to the commission and	9767
school district board, as provided in division (F) of section	9768
3318.08 of the Revised Code;	9769

(5) Misrepresented the firm's qualifications in the selection	9770
process set forth in sections 153.65 to 153.71 or section 3318.10	9771
of the Revised Code;	9772

(6) Been convicted of a criminal offense related to the	9773
application for or performance of any public or private contract,	9774
including, but not limited to, embezzlement, theft, forgery,	9775
bribery, falsification or destruction of records, receiving stolen	9776
property, and any other offense that directly reflects on the	9777
contractor's business integrity;	9778

(7) Been convicted of a criminal offense under state or	9779
federal antitrust laws;	9780

(8) Deliberately or willfully submitted false or misleading	9781
information in connection with the application for or performance	9782
of a public contract;	9783

(9) Been debarred from bidding on or participating in a	9784
contract with any state or federal agency.	9785

(B) When the director reasonably believes that grounds for	9786
debarment exist, the director shall send the contractor a notice	9787
of proposed debarment indicating the grounds for the proposed	9788
debarment and the procedure for requesting a hearing on the	9789
proposed debarment. The hearing shall be conducted in accordance	9790
with Chapter 119. of the Revised Code. If the contractor does not	9791
respond with a request for a hearing in the manner specified in	9792
Chapter 119. of the Revised Code, the director shall issue the	9793
debarment decision without a hearing and shall notify the	9794
contractor of the decision by certified mail, return receipt	9795
requested.	9796

(C) The director shall determine the length of the debarment	9797
period and may rescind the debarment at any time upon notification	9798
to the contractor. During the period of debarment, the contractor	9799
is not eligible to bid for or participate in any contract for a	9800
public improvement as referred to in section 153.01 of the Revised	9801
Code or for a project as defined in section 3318.01 of the Revised	9802
Code. After the debarment period expires, the contractor shall be	9803
eligible to bid for and participate in such contracts ~~for a public~~	9804
~~improvement as referred to in section 153.01 of the Revised Code~~.	9805

(D) The director, through the office of the state architect,	9806
shall maintain a list of all contractors currently debarred under	9807
this section. Any governmental entity awarding a contract for	9808
construction of a public improvement or project may use a	9809
contractor's presence on the debarment list to determine whether a	9810
contractor is responsible or best under section 9.312 or any other	9811
section of the Revised Code in the award of a contract.	9812

Sec. 153.03. (A) As used in this section:

9813

(1) "Contracting authority" means any state agency or other	9814
state instrumentality that is authorized to award a public	9815
improvement contract.	9816

(2) "Bidder" means a person who submits a bid to a	9817
contracting authority to perform work under a public improvement	9818
contract.	9819

(3) "Contractor" means any person with whom a contracting	9820
authority has entered into a public improvement contract to	9821
provide labor for a public improvement and includes a construction	9822
manager at risk and a design-build firm.	9823

(4) "Subcontractor" means any person who undertakes to	9824
provide any part of the labor on the site of a public improvement	9825
under a contract with any person other than the contracting	9826
authority, including all such persons in any tier.	9827

(5) "Construction manager" ~~means a person with substantial~~	9828
~~discretion and authority to plan, coordinate, manage, and direct~~	9829
~~all phases of a project for the construction, demolition,~~	9830
~~alteration, repair, or reconstruction of any public building,~~	9831
~~structure, or other improvement~~has the same meaning as in section	9832
9.33 of the Revised Code.	9833

(6) "Construction manager at risk" has the same meaning as in	9834
section 9.33 of the Revised Code.	9835

(7) "Design-build firm" has the same meaning as in section	9836
153.65 of the Revised Code.	9837

(8) "Labor" means any activity performed by a person that	9838
contributes to the direct installation of a product, component, or	9839
system, or that contributes to the direct removal of a product,	9840
component, or system.	9841

~~(7)~~(9) "Public improvement contract" means any contract that	9842
is financed in whole or in part with money appropriated by the	9843
general assembly, or that is financed in any manner by a	9844
contracting authority, and that is awarded by a contracting	9845
authority for the construction, alteration, or repair of any	9846
public building, public highway, or other public improvement.	9847

~~(8)~~(10) "State agency" means every organized body, office, or	9848
agency established by the laws of this state for the exercise of	9849
any function of state government.	9850

(B) A contracting authority shall not award a public	9851
improvement contract to a bidder, and a construction manager at	9852
risk or design-build firm shall not award a subcontract, unless	9853
the contract or subcontract contains both of the following:	9854

(1) The statements described in division (E) of this section;

9855

(2) Terms that require the contractor or subcontractor to be	9856
enrolled in and be in good standing in the drug-free workplace	9857
program of the bureau of workers' compensation or a comparable	9858
program approved by the bureau that requires an employer to do all	9859
of the following:	9860

(a) Develop, implement, and provide to all employees a	9861
written substance use policy that conveys full and fair disclosure	9862
of the employer's expectations that no employee be at work with	9863
alcohol or drugs in the employee's system, and specifies the	9864
consequences for violating the policy.	9865

(b) Conduct drug and alcohol tests on employees in accordance	9866
with division (B)(2)(c) of this section and under the following	9867
conditions:	9868

(i) Prior to an individual's employment or during an	9869
employee's probationary period for employment, which shall not	9870
exceed one hundred twenty days after the probationary period	9871
begins;	9872

(ii) At random intervals while an employee provides labor or	9873
~~onsite~~on-site supervision of labor for a public improvement	9874
contract. The employer shall use the neutral selection procedures	9875
required by the United States department of transportation to	9876
determine which employees to test and when to test those	9877
employees.	9878

(iii) After an accident at the site where labor is being	9879
performed pursuant to a public improvement contract. For purposes	9880
of this division, "accident" has the meaning established in rules	9881
the administrator of workers' compensation adopts pursuant to	9882
Chapters 4121. and 4123. of the Revised Code for the bureau's	9883
drug-free workplace program, as those rules exist on ~~the effective~~	9884
~~date of this section~~March 30, 2007.	9885

(iv) When the employer ~~or a~~, construction manager,	9886
construction manager at risk, or design-build firm has reasonable	9887
suspicion that prior to an accident an employee may be in	9888
violation of the employer's written substance use policy. For	9889
purposes of this division, "reasonable suspicion" has the meaning	9890
established in rules the administrator adopts pursuant to Chapters	9891
4121. and 4123. of the Revised Code for the bureau's drug-free	9892
workplace program, as those rules exist on ~~the effective date of~~	9893
~~this section~~March 30, 2007.	9894

(v) Prior to an employee returning to a work site to provide	9895
labor for a public improvement contract after the employee tested	9896
positive for drugs or alcohol, and again after the employee	9897
returns to that site to provide labor under that contract, as	9898
required by either the employer, ~~the~~ construction manager,	9899
construction manager at risk, design-build firm, or conditions in	9900
the contract.	9901

(c) Use the following types of tests when conducting a test	9902
on an employee under the conditions described in division	9903
(B)(2)(b) of this section:	9904

(i) Drug and alcohol testing that uses the federal testing	9905
model that the administrator has incorporated into the bureau's	9906
drug-free workplace program;	9907

(ii) Testing to determine whether the concentration of	9908
alcohol on an employee's breath is equal to or in excess of the	9909
level specified in division (A)(1)(d) or (h) of section 4511.19 of	9910
the Revised Code, which is obtained through an evidentiary breath	9911
test conducted by a breath alcohol technician using breath testing	9912
equipment that meets standards established by the United States	9913
department of transportation, or, if such technician and equipment	9914
are unavailable, a blood test may be used to determine whether the	9915
concentration of alcohol in an employee's blood is equal to or in	9916
excess of the level specified in division (A)(1)(b) or (f) of	9917
section 4511.19 of the Revised Code.	9918

(d) Require all employees to receive at least one hour of	9919
training that increases awareness of and attempts to deter	9920
substance abuse and supplies information about employee assistance	9921
to deal with substance abuse problems, and require all supervisors	9922
to receive one additional hour of training in skill building to	9923
teach a supervisor how to observe and document employee behavior	9924
and intervene when reasonable suspicion exists of substance use;	9925

(e) Require all supervisors and employees to receive the	9926
training described in division (B)(2)(d) of this section before	9927
work for a public improvement contract commences or during the	9928
term of a public improvement contract;	9929

(f) Require that the training described in division (B)(2)(d)	9930
of this section be provided using material prepared by an	9931
individual who has credentials or experience in substance abuse	9932
training;	9933

(g) Assist employees by providing, at a minimum, a list of	9934
community resources from which an employee may obtain help with	9935
substance abuse problems, except that this requirement does not	9936
preclude an employer from having a policy that allows an employer	9937
to terminate an employee's employment the first time the employee	9938
tests positive for drugs or alcohol or if an employee refuses to	9939
be tested for drugs, alcohol, or both.	9940

(C) Any time the United States department of health and human	9941
services changes the federal testing model that the administrator	9942
has incorporated into the bureau's drug-free workplace program in	9943
a manner that allows additional or new products, protocols,	9944
procedures, and standards in the model, the administrator may	9945
adopt rules establishing standards to allow employers to use those	9946
additional or new products, protocols, procedures, or standards to	9947
satisfy the requirements of division (B)(2)(c) of this section,	9948
and the bureau may approve an employer's drug-free workplace	9949
program that meets the administrator's standards and the other	9950
requirements specified in division (B)(2) of this section.	9951

(D) A contracting authority shall ensure that money	9952
appropriated by the general assembly for the contracting	9953
authority's public improvement contract or, in the case of a state	9954
institution of higher education, the institution's financing for	9955
the public improvement contract, is not expended unless the	9956
contractor for that contract is enrolled in and in good standing	9957
in a drug-free workplace program described in division (B) of this	9958
section. Prior to awarding a contract to a bidder, a contracting	9959
authority shall verify that the bidder is enrolled in and in good	9960
standing in such a program.	9961

(E) A contracting authority shall include all of the	9962
following statements in the public improvement contract entered	9963
into between the contracting authority and a contractor for the	9964
public improvement:	9965

(1) "Each contractor shall require all subcontractors with	9966
whom the contractor is in contract for the public improvement to	9967
be enrolled in and be in good standing in the Bureau of Workers'	9968
Compensation's Drug-Free Workplace Program or a comparable program	9969
approved by the Bureau that meets the requirements specified in	9970
section 153.03 of the Revised Code prior to a subcontractor	9971
providing labor at the project site of the public improvement."	9972

(2) "Each subcontractor shall require all lower-tier	9973
subcontractors with whom the subcontractor is in contract for the	9974
public improvement to be enrolled in and be in good standing in	9975
the Bureau of Workers' Compensation's Drug-Free Workplace Program	9976
or a comparable program approved by the Bureau that meets the	9977
requirements specified in section 153.03 of the Revised Code prior	9978
to a lower-tier subcontractor providing labor at the project site	9979
of the public improvement."	9980

(3) "Failure of a contractor to require a subcontractor to be	9981
enrolled in and be in good standing in the Bureau of Workers'	9982
Compensation's Drug-Free Workplace Program or a comparable program	9983
approved by the Bureau that meets the requirements specified in	9984
section 153.03 of the Revised Code prior to the time that the	9985
subcontractor provides labor at the project site will result in	9986
the contractor being found in breach of the contract and that	9987
breach shall be used in the responsibility analysis of that	9988
contractor or the subcontractor who was not enrolled in a program	9989
for future contracts with the state for five years after the date	9990
of the breach."	9991

(4) "Failure of a subcontractor to require a lower-tier	9992
subcontractor to be enrolled in and be in good standing in the	9993
Bureau of Workers' Compensation's Drug-Free Workplace Program or a	9994
comparable program approved by the Bureau that meets the	9995
requirements specified in section 153.03 of the Revised Code prior	9996
to the time that the lower-tier subcontractor provides labor at	9997
the project site will result in the subcontractor being found in	9998
breach of the contract and that breach shall be used in the	9999
responsibility analysis of that subcontractor or the lower-tier	10000
subcontractor who was not enrolled in a program for future	10001
contracts with the state for five years after the date of the	10002
breach."	10003

(F) In the event a construction manager, construction manager	10004
at risk, or design-build firm intends and is authorized to provide	10005
labor for a public improvement contract, a contracting authority	10006
shall verify, prior to awarding a contract for construction	10007
management services or design-build services, that the	10008
construction manager, construction manager at risk, or	10009
design-build firm was enrolled in and in good standing in a	10010
drug-free workplace program described in division (B) of this	10011
section prior to entering into the public improvement contract.	10012
The contracting authority shall not award a contract for	10013
construction manager services ~~to a construction manager~~or	10014
design-build services if the construction manager, construction	10015
manager at risk, or design-build firm is not enrolled in or in	10016
good standing in such a program.	10017

Sec. 153.07. The notice provided for in section 153.06 of	10018
the Revised Code shall be published by electronic means pursuant	10019
to rules adopted by the director of administrative services or	10020
once each week for three consecutive weeks in a newspaper of	10021
general circulation in the county where the activity for which	10022
bids are submitted is to occur and in such other newspapers as	10023
ordered by the department of administrative services, the last	10024
publication to be at least eight days preceding the day for	10025
opening the bids, and in such form and with such phraseology as	10026
the department orders. Copies of the plans, details, ~~bills of~~	10027
~~material,~~ estimates of cost, and specifications shall be open to	10028
public inspection at all business hours between the day of the	10029
first publication and the day for opening the bids, at the office	10030
of the department where the bids are received, and such other	10031
place as may be designated in such notice.	10032

Sec. 153.08. On the day and at the place named in the notice	10033
provided for in section 153.06 of the Revised Code, the owner	10034
referred to in section 153.01 of the Revised Code shall open the	10035
bids and shall publicly, with the assistance of the architect or	10036
engineer, immediately proceed to tabulate the bids upon duplicate	10037
sheets. The public bid opening may be broadcast by electronic	10038
means pursuant to rules established by the director of	10039
administrative services. A bid shall be invalid and not considered	10040
unless a bid guaranty meeting the requirements of section 153.54	10041
of the Revised Code and in the form approved by the department of	10042
administrative services is filed with such bid ~~and unless such~~.	10043
For a bid that is not filed electronically, the bid and bid	10044
guaranty ~~are~~shall be filed in one sealed envelope. If the bid	10045
and bid guaranty are filed electronically, they must be received	10046
electronically before the deadline published pursuant to section	10047
153.06 of the Revised Code. For all bids filed electronically, the	10048
original, unaltered bid guaranty shall be made available to the	10049
public authority after the public bid opening. After	10050
investigation, which shall be completed within thirty days, the	10051
contract shall be awarded by such owner to the lowest responsive	10052
and responsible bidder in accordance with section 9.312 of the	10053
Revised Code.	10054

No contract shall be entered into until the industrial	10055
commission has certified that the person so awarded the contract	10056
has complied with sections 4123.01 to 4123.94 of the Revised Code,	10057
until, if the bidder so awarded the contract is a foreign	10058
corporation, the secretary of state has certified that such	10059
corporation is authorized to do business in this state, until, if	10060
the bidder so awarded the contract is a person nonresident of this	10061
state, such person has filed with the secretary of state a power	10062
of attorney designating the secretary of state as its agent for	10063
the purpose of accepting service of summons in any action brought	10064
under section 153.05 of the Revised Code or under sections 4123.01	10065
to 4123.94 of the Revised Code, and until the contract and bond,	10066
if any, are submitted to the attorney general and the attorney	10067
general's approval certified thereon.	10068

No contract shall be entered into unless the bidder possesses	10069
a valid certificate of compliance with affirmative action programs	10070
issued pursuant to section 9.47 of the Revised Code and dated no	10071
earlier than one hundred eighty days prior to the date fixed for	10072
the opening of bids for a particular project.	10073

Sec. 153.50. (A) AnAs used in sections 153.50 to 153.52 of	10074
the Revised Code:	10075

(1) "Construction manager at risk" has the same meaning as in	10076
section 9.33 of the Revised Code.	10077

(2) "Design-assist" means monitoring and assisting in the	10078
completion of the plans and specifications.	10079

(3) "Design-assist firm" means a person capable of performing	10080
design-assist.	10081

(4) "Design-build firm" has the same meaning as in section	10082
153.65 of the Revised Code.	10083

(5) "General contracting" means constructing and managing an	10084
entire public improvement project, including the branches or	10085
classes of work specified in division (B) of this section, under	10086
the award of a single aggregate lump sum contract.	10087

(6) "General contracting firm" means a person capable of	10088
performing general contracting.	10089

(B) Except for contracts made with a construction manager at	10090
risk, with a design-build firm, or with a general contracting	10091
firm, an officer, board, or other authority of the state, a	10092
county, township, municipal corporation, or school district, or of	10093
any public institution belonging thereto, authorized to contract	10094
for the erection, repair, alteration, or rebuilding of a public	10095
building, institution, bridge, culvert, or improvement and	10096
required by law to advertise and receive bids for furnishing of	10097
materials and doing the work necessary for the erection thereof,	10098
shall require separate and distinct bids to be made for furnishing	10099
such materials or doing such work, or both, in their discretion,	10100
for each of the following branches or classes of work to be	10101
performed, and all work kindred thereto, entering into the	10102
improvement:	10103

(1) Plumbing and gas fitting;

10104

(2) Steam and hot-water heating, ventilating apparatus, and	10105
steam-power plant;	10106

(3) Electrical equipment.

10107

~~(B) A public authority is not required to solicit separate~~	10108
~~bids for a branch or class of work specified in division (A) of~~	10109
~~this section for an improvement if the estimated cost for that~~	10110
~~branch or class of work is less than five thousand dollars.~~	10111

Sec. 153.501. (A) A public authority may accept a subcontract	10112
awarded by a construction manager at risk, a design-build firm, or	10113
a general contracting firm, or may reject any such contract if the	10114
public authority determines that the bidder is not responsible.	10115

(B) A public authority may authorize a construction manager	10116
at risk or design-build firm to utilize a design-assist firm on	10117
any public improvement project.	10118

(C) If the construction manager at risk or design-build firm	10119
intends and is permitted by the public authority to self-perform a	10120
portion of the work to be performed, the construction manager at	10121
risk or design-build firm shall submit a sealed bid for the	10122
portion of the work prior to accepting and opening any bids for	10123
the same work.	10124

Sec. 153.502. The department of administrative services,	10125
pursuant to Chapter 119. of the Revised Code and not later than	10126
June 30, 2012, shall adopt rules to do both of the following:	10127

(A) Prescribe the procedures and criteria for determining the	10128
best value selection of a construction manager at risk or	10129
design-build firm;	10130

(B) Prescribe the form for the contract documents to be used	10131
by a public authority when entering into a contract with a	10132
construction manager at risk or design-build firm.	10133

Sec. 153.51. (A) ~~When more than one branch or class of work~~	10134
~~specified in division (A) of~~If separate and distinct bids are	10135
required pursuant to section 153.50 of the Revised Code is	10136
~~required~~, no contract for the entire job, or for a greater portion	10137
thereof than is embraced in one such branch or class of work ~~shall~~	10138
may be awarded, unless the separate bids do not cover all the work	10139
and materials required or the bids for the whole or for two or	10140
more kinds of work or materials are lower than the separate bids	10141
in the aggregate.	10142

(B)(1) ~~The~~If the public authority ~~referred to in section~~	10143
~~153.50 of the Revised Code also may award~~awards a single,	10144
aggregate contract for the entire project pursuant to division (A)	10145
of this section~~. This~~, the award shall be made to the bidder who	10146
is the lowest responsive and responsible bidder or the lowest and	10147
best bidder, as applicable, as specified in section 153.52 of the	10148
Revised Code.	10149

(2) The public authority ~~referred to in section 153.50 of the~~	10150
~~Revised Code~~ may assign all or any portion of its interest in the	10151
contract of the lowest responsive and responsible bidder or the	10152
lowest and best bidder, as applicable, to another successful	10153
bidder as an agreed condition for an award of the contract for the	10154
amount of its respective bid. Such assignment may include, but is	10155
not limited to, the duty to schedule, coordinate, and administer	10156
the contracts.	10157

~~(C) A public authority referred to in division (A) of section~~	10158
~~153.50 of the Revised Code is not required to award separate~~	10159
~~contracts for a branch or class of work specified in division (A)~~	10160
~~of section 153.50 of the Revised Code entering into an improvement~~	10161
~~if the estimated cost for that branch or class of work is less~~	10162
~~than five thousand dollars.~~	10163

Sec. 153.52. ~~The~~A contract for general contracting or for	10164
doing the work belonging to each separate branch or class of work	10165
specified in division ~~(A)~~(B) of section 153.50 of the Revised	10166
Code, or for the furnishing of materials therefor, ~~or both,~~ shall	10167
be awarded by the public authority referred to in section 153.50	10168
of the Revised Code, in its discretion, to the lowest responsive	10169
and responsible separate bidder therefor, in accordance with	10170
section 9.312 of the Revised Code in the case of any public	10171
authority of the state or any public institution belonging	10172
thereto, and to the lowest and best separate bidder in the case of	10173
a county, township, or municipal corporation, ~~or school district,~~	10174
or any public institution belonging thereto, and to the lowest	10175
responsive and responsible bidder in the case of a school	10176
district, and shall be made directly with the bidder in the manner	10177
and upon the terms, conditions, and limitations as to giving bond	10178
or bid guaranties as prescribed by law~~, unless it is let as a~~	10179
~~whole, or to bidders for more than one kind of work or materials.~~	10180
~~Sections 153.50 to 153.52 of the Revised Code do not apply to the~~	10181
~~erection of buildings and other structures which cost less than~~	10182
~~fifty thousand dollars~~.	10183

Sec. 153.53. (A) As used in this section, "rate of	10184
inflation" has the same meaning as in section 107.032 of the	10185
Revised Code.	10186

(B) Five years after the effective date of this section and	10187
every five years thereafter, the director of administrative	10188
services shall evaluate the monetary threshold specified in	10189
section 153.01 of the Revised Code and adopt rules adjusting that	10190
amount based on the average rate of inflation during each of the	10191
previous five years immediately preceding such adjustment.	10192

Sec. 153.54. (A) ~~Each~~Except with respect to a contract	10193
described in section 9.334 or 153.693 of the Revised Code, each	10194
person bidding for a contract with the state or any political	10195
subdivision, district, institution, or other agency thereof,	10196
excluding therefrom the department of transportation, for any	10197
public improvement shall file with the bid, a bid guaranty in the	10198
form of either:	10199

(1) A bond in accordance with division (B) of this section	10200
for the full amount of the bid;	10201

(2) A certified check, cashier's check, or letter of credit	10202
pursuant to Chapter 1305. of the Revised Code, in accordance with	10203
division (C) of this section. Any such letter of credit is	10204
revocable only at the option of the beneficiary state, political	10205
subdivision, district, institution, or agency. The amount of the	10206
certified check, cashier's check, or letter of credit shall be	10207
equal to ten per cent of the bid.	10208

(B) A bid guaranty filed pursuant to division (A)(1) of this	10209
section shall be conditioned to:	10210

(1) Provide that, if the bid is accepted, the bidder, after	10211
the awarding or the recommendation for the award of the contract,	10212
whichever the contracting authority designates, will enter into a	10213
proper contract in accordance with the bid, plans, details, and	10214
specifications~~, and bills of material~~. If for any reason, other	10215
than as authorized by section 9.31 of the Revised Code or division	10216
(G) of this section, the bidder fails to enter into the contract,	10217
and the contracting authority awards the contract to the next	10218
lowest bidder, the bidder and the surety on the bidder's bond are	10219
liable to the state, political subdivision, district, institution,	10220
or agency for the difference between the bid and that of the next	10221
lowest bidder, or for a penal sum not to exceed ten per cent of	10222
the amount of the bond, whichever is less. If the state, political	10223
subdivision, district, institution, or agency does not award the	10224
contract to the next lowest bidder but resubmits the project for	10225
bidding, the bidder failing to enter into the contract and the	10226
surety on the bidder's bond, except as provided in division (G) of	10227
this section, are liable to the state, political subdivision,	10228
district, institution, or agency for a penal sum not to exceed ten	10229
per cent of the amount of the bid or the costs in connection with	10230
the resubmission of printing new contract documents, required	10231
advertising, and printing and mailing notices to prospective	10232
bidders, whichever is less.	10233

(2) Indemnify the state, political subdivision, district,	10234
institution, or agency against all damage suffered by failure to	10235
perform the contract according to its provisions and in accordance	10236
with the plans, details, and specifications~~, and bills of material~~	10237
therefor and to pay all lawful claims of subcontractors, material	10238
suppliers, and laborers for labor performed or material furnished	10239
in carrying forward, performing, or completing the contract; and	10240
agree and assent that this undertaking is for the benefit of any	10241
subcontractor, material supplier, or laborer having a just claim,	10242
as well as for the state, political subdivision, district,	10243
institution, or agency.	10244

(C)(1) A bid guaranty filed pursuant to division (A)(2) of	10245
this section shall be conditioned to provide that if the bid is	10246
accepted, the bidder, after the awarding or the recommendation for	10247
the award of the contract, whichever the contracting authority	10248
designates, will enter into a proper contract in accordance with	10249
the bid, plans, details, specifications, and bills of material. If	10250
for any reason, other than as authorized by section 9.31 of the	10251
Revised Code or division (G) of this section, the bidder fails to	10252
enter into the contract, and the contracting authority awards the	10253
contract to the next lowest bidder, the bidder is liable to the	10254
state, political subdivision, district, institution, or agency for	10255
the difference between the bidder's bid and that of the next	10256
lowest bidder, or for a penal sum not to exceed ten per cent of	10257
the amount of the bid, whichever is less. If the state, political	10258
subdivision, district, institution, or agency does not award the	10259
contract to the next lowest bidder but resubmits the project for	10260
bidding, the bidder failing to enter into the contract, except as	10261
provided in division (G) of this section, is liable to the state,	10262
political subdivision, district, institution, or agency for a	10263
penal sum not to exceed ten per cent of the amount of the bid or	10264
the costs in connection with the resubmission, of printing new	10265
contract documents, required advertising, and printing and mailing	10266
notices to prospective bidders, whichever is less.	10267

If the bidder enters into the contract, the bidder, at the	10268
time the contract is entered to, shall file a bond for the amount	10269
of the contract to indemnify the state, political subdivision,	10270
district, institution, or agency against all damage suffered by	10271
failure to perform the contract according to its provisions and in	10272
accordance with the plans, details, and specifications~~, and bills~~	10273
~~of material therefor~~ and to pay all lawful claims of	10274
subcontractors, material suppliers, and laborers for labor	10275
performed or material furnished in carrying forward, performing,	10276
or completing the contract; and agree and assent that this	10277
undertaking is for the benefit of any subcontractor, material	10278
supplier, or laborer having a just claim, as well as for the	10279
state, political subdivision, district, institution, or agency.	10280

(2) A construction manager who enters into a contract	10281
pursuant to sections 9.33 to 9.333 of the Revised Code, if	10282
required by the public ~~owner~~authority at the time the	10283
construction manager enters into the contract, shall file a letter	10284
of credit pursuant to Chapter 1305. of the Revised Code, bond,	10285
certified check, or cashier's check, for the value of the	10286
construction management contract to indemnify the state, political	10287
subdivision, district, institution, or agency against all damage	10288
suffered by the construction manager's failure to perform the	10289
contract according to its provisions, and shall agree and assent	10290
that this undertaking is for the benefit of the state, political	10291
subdivision, district, institution, or agency. A letter of credit	10292
provided by the construction manager is revocable only at the	10293
option of the beneficiary state, political subdivision, district,	10294
institution, or agency.	10295

(D) Where the state, political subdivision, district,	10296
institution, or agency accepts a bid but the bidder fails or	10297
refuses to enter into a proper contract in accordance with the	10298
bid, plans, details, and specifications~~, and bills of material~~	10299
within ten days after the awarding of the contract, the bidder and	10300
the surety on any bond, except as provided in division (G) of this	10301
section, are liable for the amount of the difference between the	10302
bidder's bid and that of the next lowest bidder, but not in excess	10303
of the liability specified in division (B)(1) or (C) of this	10304
section. Where the state, political subdivision, district,	10305
institution, or agency then awards the bid to such next lowest	10306
bidder and such next lowest bidder also fails or refuses to enter	10307
into a proper contract in accordance with the bid, plans, details,	10308
and specifications~~, and bills of material~~ within ten days after	10309
the awarding of the contract, the liability of such next lowest	10310
bidder, except as provided in division (G) of this section, is the	10311
amount of the difference between the bids of such next lowest	10312
bidder and the third lowest bidder, but not in excess of the	10313
liability specified in division (B)(1) or (C) of this section.	10314
Liability on account of an award to any lowest bidder beyond the	10315
third lowest bidder shall be determined in like manner.	10316

(E) Notwithstanding division (C) of this section, where the	10317
state, political subdivision, district, institution, or agency	10318
resubmits the project for bidding, each bidder whose bid was	10319
accepted but who failed or refused to enter into a proper	10320
contract, except as provided in division (G) of this section, is	10321
liable for an equal share of a penal sum in connection with the	10322
resubmission, of printing new contract documents, required	10323
advertising, and printing and mailing notices to prospective	10324
bidders, but no bidder's liability shall exceed the amount of the	10325
bidder's bid guaranty.	10326

(F) All bid guaranties filed pursuant to this section shall	10327
be payable to the state, political subdivision, district,	10328
institution, or agency, be for the benefit of the state, political	10329
subdivision, district, institution, or agency or any person having	10330
a right of action thereon, and be deposited with, and held by, the	10331
board, officer, or agent contracting on behalf of the state,	10332
political subdivision, district, institution, or agency. All bonds	10333
filed pursuant to this section shall be issued by a surety company	10334
authorized to do business in this state as surety approved by the	10335
board, officer, or agent awarding the contract on behalf of the	10336
state, political subdivision, district, institution, or agency.	10337

(G) A bidder for a contract with the state or any political	10338
subdivision, district, institution, or other agency thereof,	10339
excluding therefrom the Ohio department of transportation, for a	10340
public improvement costing less than one-half million dollars may	10341
withdraw the bid from consideration if the bidder's bid for some	10342
other contract with the state or any political subdivision,	10343
district, institution, or other agency thereof, excluding	10344
therefrom the department of transportation, for the public	10345
improvement costing less than one-half million dollars has already	10346
been accepted, if the bidder certifies in good faith that the	10347
total amount of all the bidder's current contracts is less than	10348
one-half million dollars, and if the surety certifies in good	10349
faith that the bidder is unable to perform the subsequent contract	10350
because to do so would exceed the bidder's bonding capacity. If a	10351
bid is withdrawn under authority of this division, the contracting	10352
authority may award the contract to the next lowest bidder or	10353
reject all bids and resubmit the project for bidding, and neither	10354
the bidder nor the surety on the bidder's bond are liable for the	10355
difference between the bidder's bid and that of the next lowest	10356
bidder, for a penal sum, or for the costs of printing new contract	10357
documents, required advertising, and printing and mailing notices	10358
to prospective bidders.	10359

(H) Bid guaranties filed pursuant to division (A) of this	10360
section shall be returned to all unsuccessful bidders immediately	10361
after the contract is executed. The bid guaranty filed pursuant to	10362
division (A)(2) of this section shall be returned to the	10363
successful bidder upon filing of the bond required in division (C)	10364
of this section.	10365

(I) For the purposes of this section, "next lowest bidder"	10366
means, in the case of a political subdivision that has adopted the	10367
model Ohio and United States preference requirements promulgated	10368
pursuant to division (E) of section 125.11 of the Revised Code,	10369
the next lowest bidder that qualifies under those preference	10370
requirements.	10371

(J) For the purposes of this section and sections 153.56,	10372
153.57, and 153.571 of the Revised Code, "public improvement,"	10373
"subcontractor," "material supplier," "laborer," and "materials"	10374
have the same meanings as in section 1311.25 of the Revised Code.	10375

Sec. 153.55. (A) For purposes of calculating the amount of a	10376
public improvement project to determine whether it is subject to	10377
section 153.01 of the Revised Code, no officer, board, or other	10378
authority of the state or any institution supported by the state	10379
shall subdivide a public improvement project into component parts	10380
or separate projects in order to avoid the threshold of that	10381
section, unless the component parts or separate projects thus	10382
created are conceptually separate and unrelated to each other, or	10383
encompass independent or unrelated needs.	10384

(B) In calculating the project amount for purposes of the	10385
threshold in section 153.01 of the Revised Code, the following	10386
expenses shall be included as costs of the project:	10387

(1) Professional fees and expenses for services associated	10388
with the preparation of plans;	10389

(2) Permit costs, testing costs, and other fees associated	10390
with the work;	10391

(3) Project construction costs;

10392

(4) A contingency reserve fund.

10393

Sec. 153.56. (A) Any person to whom any money is due for	10394
labor or work performed or materials furnished in a public	10395
improvement as provided in section 153.54 of the Revised Code, at	10396
any time after performing the labor or work or furnishing the	10397
materials, but not later than ninety days after the completion of	10398
the contract by the principal contractor or design-build firm and	10399
the acceptance of the public improvement for which the bond was	10400
provided by the duly authorized board or officer, shall furnish	10401
the sureties on the bond, a statement of the amount due to the	10402
person.	10403

(B) A suit shall not be brought against sureties on the bond	10404
until after sixty days after the furnishing of the statement	10405
described in division (A) of this section. If the indebtedness is	10406
not paid in full at the expiration of that sixty days, and if the	10407
person complies with division (C) of this section, the person may	10408
bring an action in the person's own name upon the bond, as	10409
provided in sections 2307.06 and 2307.07 of the Revised Code, that	10410
action to be commenced, notwithstanding section 2305.12 of the	10411
Revised Code, not later than one year from the date of acceptance	10412
of the public improvement for which the bond was provided.	10413

(C) To exercise rights under this section, a subcontractor or	10414
materials supplier supplying labor or materials that cost more	10415
than thirty thousand dollars, who is not in direct privity of	10416
contract with the principal contractor or design-build firm for	10417
the public improvement, shall serve a notice of furnishing upon	10418
the principal contractor or design-build firm in the form provided	10419
in section 1311.261 of the Revised Code.	10420

(D) A subcontractor or materials supplier who serves a notice	10421
of furnishing under division (C) of this section as required to	10422
exercise rights under this section has the right of recovery only	10423
as to amounts owed for labor and work performed and materials	10424
furnished during and after the twenty-one days immediately	10425
preceding service of the notice of furnishing.	10426

(E) For purposes of this section~~, "principal~~:

10427

(1) "Design-build firm" has the same meaning as in section	10428
153.65 of the Revised Code.	10429

(2) "Principal contractor" has the same meaning as in section	10430
1311.25 of the Revised Code, and may include a "construction	10431
manager" and a "construction manager at risk" as defined in	10432
section 9.33 of the Revised Code.	10433

Sec. 153.57. (A) The bond provided for in division (B) of	10434
section 9.333, division (C)(1) of section 153.54, and division (C)	10435
of section 153.70 of the Revised Code shall be in substantially	10436
the following form, and recovery of any claimant thereunder shall	10437
be subject to sections 153.01 to 153.60 of the Revised Code, to	10438
the same extent as if the provisions of those sections were fully	10439
incorporated in the bond form:	10440

"KNOW ALL PERSONS BY THESE PRESENTS, that we, the undersigned	10441
............................ as principal and ...................	10442
as sureties, are hereby held and firmly bound unto	10443
................... in the penal sum of ............. dollars, for	10444
the payment of which well and truly to be made, we hereby jointly	10445
and severally bind ourselves, our heirs, executors,	10446
administrators, successors, and assigns.	10447

Signed this ............. day of ................, ....

10448

THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, that whereas	10449
the above named principal did on the ................ day of	10450
....................., ...., enter into a contract with	10451
................., which said contract is made a part of this bond	10452
the same as though set forth herein;	10453

Now, if the said ....................... shall well and	10454
faithfully do and perform the things agreed by ..................	10455
to be done and performed according to the terms of said contract;	10456
and shall pay all lawful claims of subcontractors, material	10457
suppliers, and laborers, for labor performed and materials	10458
furnished in the carrying forward, performing, or completing of	10459
said contract; we agreeing and assenting that this undertaking	10460
shall be for the benefit of any material supplier or laborer	10461
having a just claim, as well as for the obligee herein; then this	10462
obligation shall be void; otherwise the same shall remain in full	10463
force and effect; it being expressly understood and agreed that	10464
the liability of the surety for any and all claims hereunder shall	10465
in no event exceed the penal amount of this obligation as herein	10466
stated.	10467

The said surety hereby stipulates and agrees that no	10468
modifications, omissions, or additions, in or to the terms of the	10469
said contract or in or to the plans or specifications therefor	10470
shall in any wise affect the obligations of said surety on its	10471
bond."	10472

(B) The bond provided for in division (C)(2) of section	10473
153.54 of the Revised Code shall be in substantially the following	10474
form:	10475

"KNOW ALL PERSONS BY THESE PRESENTS, that we, the undersigned	10476
......... as principal and ............. as sureties, are hereby	10477
held and firmly bound unto ............. in the penal sum of	10478
.............. dollars, for the payment of which well and truly be	10479
made, we hereby jointly and severally bind ourselves, our heirs,	10480
executors, administrators, successors, and assigns.	10481

Signed this ......... day of ........., .......

10482

THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, that whereas	10483
the above named principal did on the ........ day of ........,	10484
......, entered into a contract with ............... which said	10485
contract is made a part of this bond the same as though set forth	10486
herein;	10487

Now, if the said ................ shall well and faithfully	10488
do and perform the things agreed by ............. to be done and	10489
performed according to the terms of the said contract; we agreeing	10490
and assenting that this undertaking shall be for the benefit of	10491
the obligee herein; then this obligation shall be void; otherwise	10492
the same shall remain in full force and effect; it being expressly	10493
understood and agreed that the liability of the surety for any and	10494
all claims hereunder shall in no event exceed the penal amount of	10495
the obligation as herein stated.	10496

The surety hereby stipulates and agrees that no	10497
modifications, omissions, or additions, in or to the terms of the	10498
contract shall in any way affect the obligation of the surety on	10499
its bond."	10500

Sec. 153.581. As used in sections 153.581 and 153.591 of the	10501
Revised Code:	10502

(A) "Public works contract" means any contract awarded by a	10503
contracting authority for the construction, engineering,	10504
alteration, or repair of any public building, public highway, or	10505
other public work.	10506

(B) "Contracting authority" means the state, any township,	10507
county, municipal corporation, school board, or other governmental	10508
entity empowered to award a public works contract, and any	10509
construction manager at risk as defined in section 9.33 of the	10510
Revised Code or design-build firm as defined in section 153.65 of	10511
the Revised Code awarding a subcontract.	10512

(C) "Contractor" means any person, partnership, corporation,	10513
or association that has been awarded a public works contract.	10514

Sec. 153.65. As used in sections 153.65 to ~~153.71~~153.73 of	10515
the Revised Code:	10516

(A)(1) "Public authority" means the state, a state	10517
institution of higher education as defined in section 3345.011 of	10518
the Revised Code, a county, township, municipal corporation,	10519
school district, or other political subdivision, or any public	10520
agency, authority, board, commission, instrumentality, or special	10521
purpose district of the state or of a ~~county, township, municipal~~	10522
~~corporation, school district, or other~~ political subdivision.	10523

(2) "Public authority" does not include the Ohio turnpike	10524
commission.	10525

(B) "Professional design firm" means any person legally	10526
engaged in rendering professional design services.	10527

(C) "Professional design services" means services within the	10528
scope of practice of an architect or landscape architect	10529
registered under Chapter 4703. of the Revised Code or a	10530
professional engineer or surveyor registered under Chapter 4733.	10531
of the Revised Code.	10532

(D) "Qualifications" means all of the following:

10533

(1) ~~Competence of the~~(a) For a professional design firm,	10534
competence to perform the required professional design services as	10535
indicated by the technical training, education, and experience of	10536
the firm's personnel, especially the technical training,	10537
education, and experience of the employees within the firm who	10538
would be assigned to perform the services;	10539

(b) For a design-build firm, competence to perform the	10540
required design-build services as indicated by the technical	10541
training, education, and experience of the design-build firm's	10542
personnel and key consultants, especially the technical training,	10543
education, and experience of the employees and consultants of the	10544
design-build firm who would be assigned to perform the services,	10545
including the proposed architect of record.	10546

(2) Ability of the firm in terms of its workload and the	10547
availability of qualified personnel, equipment, and facilities to	10548
perform the required professional design services or design-build	10549
services competently and expeditiously;	10550

(3) Past performance of the firm as reflected by the	10551
evaluations of previous clients with respect to such factors as	10552
control of costs, quality of work, and meeting of deadlines;	10553

(4) Any other relevant factors as determined by the public	10554
authority;	10555

(5) With respect to a design-build firm, compliance with	10556
sections 4703.182, 4703.332, and 4733.16 of the Revised Code,	10557
including the use of a licensed professional for all design	10558
services.	10559

(E) "Design-build contract" means a contract between a public	10560
authority and another person that obligates the person to provide	10561
design-build services.	10562

(F) "Design-build firm" means a person capable of providing	10563
design-build services.	10564

(G) "Design-build services" means services that form an	10565
integrated delivery system for which a person is responsible to a	10566
public authority for both the design and construction, demolition,	10567
alteration, repair, or reconstruction of a public improvement.	10568

(H) "Architect of record" means the architect that serves as	10569
the final signatory on the plans and specifications for the	10570
design-build project.	10571

(I) "Criteria architect or engineer" means the architect or	10572
engineer retained by a public authority to prepare conceptual	10573
plans and specifications, to assist the public authority in	10574
connection with the establishment of the design criteria for a	10575
design-build project, and, if requested by the public authority,	10576
to serve as the representative of the public authority and	10577
provide, during the design-build project, other design and	10578
construction administration services on behalf of the public	10579
authority, including but not limited to, confirming that the	10580
design prepared by the design-build firm reflects the original	10581
design intent established in the design criteria package.	10582

(J) "Open book pricing method" means a method in which a	10583
design-build firm provides the public authority, at the public	10584
authority's request, all books, records, documents, contracts,	10585
subcontracts, purchase orders, and other data in its possession	10586
pertaining to the bidding, pricing, or performance of a contract	10587
for design-build services awarded to the design-build firm.	10588

Sec. 153.66. (A) Each public authority planning to contract	10589
for professional design services or design-build services shall	10590
encourage professional design firms and design-build firms to	10591
submit a statement of qualifications and update the statements at	10592
regular intervals.	10593

(B) Notwithstanding any contrary requirements in sections	10594
153.65 to 153.70 of the Revised Code, for every design-build	10595
contract, each public authority planning to contract for	10596
design-build services shall evaluate the statements of	10597
qualifications submitted by design-build firms for the project,	10598
including the qualifications of the design-build firm's proposed	10599
architect of record, in consultation with the criteria architect	10600
or engineer before selecting a design-build firm pursuant to	10601
section 153.693 of the Revised Code.	10602

Sec. 153.67. Each public authority planning to contract for	10603
professional design services or design-build services shall	10604
publicly announce all contracts available from it for such	10605
services. The announcements shall:	10606

(A) Be made in a uniform and consistent manner and shall be	10607
made sufficiently in advance of the time that responses must be	10608
received from qualified professional design firms or design-build	10609
firms for the firms to have an adequate opportunity to submit a	10610
statement of interest in the project;	10611

(B) Include a general description of the project, a statement	10612
of the specific professional design services or design-build	10613
services required, and a description of the qualifications	10614
required for the project;	10615

(C) Indicate how qualified professional design firms or	10616
design-build firms may submit statements of qualifications in	10617
order to be considered for a contract to design or design-build	10618
the project;	10619

(D) Be sent to ~~either~~any of the following that the public	10620
authority considers appropriate:	10621

(1) ~~Each professional design firm that has a current~~	10622
~~statement of qualifications on file with the public authority and~~	10623
~~is qualified to perform the required professional design services~~	10624
Design-build firms, including contractors or other entities that	10625
seek to perform the work as a design-build firm;	10626

(2) Architect, landscape architect, engineer, and surveyor	10627
~~trade~~ associations~~, the~~;	10628

(3) The news media~~, and any~~;

10629

(4) Any publications or other public media ~~that the public~~	10630
~~authority considers appropriate~~, including electronic media.	10631

Sec. 153.69. For every professional design services	10632
contract, each public authority planning to contract for	10633
professional design services shall evaluate the statements of	10634
qualifications ~~of professional design firms currently on file,~~	10635
~~together with those that are~~ submitted by ~~other~~ professional	10636
design firms specifically regarding the project, and may hold	10637
discussions with individual firms to explore further the firms'	10638
statements of qualifications, the scope and nature of the services	10639
the firms would provide, and the various technical approaches the	10640
firms may take toward the project. Following this evaluation, the	10641
public authority shall:	10642

(A) Select and rank no fewer than three firms which it	10643
considers to be the most qualified to provide the required	10644
professional design services, except when the public authority	10645
determines in writing that fewer than three qualified firms are	10646
available in which case the public authority shall select and rank	10647
those firms;	10648

(B) Negotiate a contract with the firm ranked most qualified	10649
to perform the required services at a compensation determined in	10650
writing to be fair and reasonable to the public authority.	10651
Contract negotiations shall be directed toward:	10652

(1) Ensuring that the professional design firm and the agency	10653
have a mutual understanding of the essential requirements involved	10654
in providing the required services;	10655

(2) Determining that the firm will make available the	10656
necessary personnel, equipment, and facilities to perform the	10657
services within the required time;	10658

(3) Agreeing upon compensation which is fair and reasonable,	10659
taking into account the estimated value, scope, complexity, and	10660
nature of the services.	10661

(C) If a contract is negotiated with the firm ranked to	10662
perform the required services most qualified, the public authority	10663
shall, if applicable under section 127.16 of the Revised Code,	10664
request approval of the board to make expenditures under the	10665
contract.	10666

(D) Upon failure to negotiate a contract with the firm ranked	10667
most qualified, the public authority shall inform the firm in	10668
writing of the termination of negotiations and may enter into	10669
negotiations with the firm ranked next most qualified. If	10670
negotiations again fail, the same procedure ~~shall~~may be followed	10671
with each next most qualified firm selected and ranked pursuant to	10672
division (A) of this section, in order of ranking, until a	10673
contract is negotiated.	10674

(E) Should the public authority fail to negotiate a contract	10675
with any of the firms selected pursuant to division (A) of this	10676
section, the public authority ~~shall~~may select and rank additional	10677
firms, based on their qualifications, and negotiations ~~shall~~may	10678
continue as with the firms selected and ranked initially until a	10679
contract is negotiated.	10680

(F) Nothing in this section affects a public authority's	10681
right to accept or reject any or all proposals in whole or in	10682
part.	10683

Sec. 153.692. For every design-build contract, the public	10684
authority planning to contract for design-build services shall	10685
first obtain the services of a criteria architect or engineer by	10686
doing either of the following:	10687

(A) Contracting for the services consistent with sections	10688
153.65 to 153.70 of the Revised Code;	10689

(B) Obtaining the services through an architect or engineer	10690
who is an employee of the public authority and notifying the	10691
department of administrative services before the services are	10692
performed.	10693

Sec. 153.693. (A) For every design-build contract, the	10694
public authority planning to contract for design-build services,	10695
in consultation with the criteria architect or engineer, shall	10696
evaluate the statements of qualifications submitted by	10697
design-build firms specifically regarding the project, including	10698
the design-build firm's proposed architect of record. Following	10699
this evaluation, the public authority shall:	10700

(1) Select and rank not fewer than three firms which it	10701
considers to be the most qualified to provide the required	10702
design-build services, except that the public authority shall	10703
select and rank fewer than three firms when the public authority	10704
determines in writing that fewer than three qualified firms are	10705
available;	10706

(2) Provide each selected design-build firm with all of the	10707
following:	10708

(a) A description of the project and project delivery;

10709

(b) The design criteria produced by the criteria architect or	10710
engineer under section 153.692 of the Revised Code;	10711

10712

(d) A description of any preconstruction services;

10713

(e) A description of the proposed design services;

10714

(f) A description of a guaranteed maximum price, including	10715
the estimated level of design on which such guaranteed maximum	10716
price is based;	10717

(g) The form of the design-build services contract;

10718

(h) A request for a pricing proposal that shall be divided	10719
into a design services fee and a preconstruction and design-build	10720
services fee. The pricing proposal of each design-build firm shall	10721
include at least all of the following:	10722

(i) A list of key personnel and consultants for the project;

10723

(ii) Design concepts adhering to the design criteria produced	10724
by the criteria architect or engineer under section 153.692 of the	10725
Revised Code;	10726

(iii) The design-build firm's statement of general conditions	10727
and estimated contingency requirements;	10728

(iv) A preliminary project schedule.

10729

(3) Evaluate the pricing proposal submitted by each selected	10730
firm and, at its discretion, hold discussions with each firm to	10731
further investigate its pricing proposal, including the scope and	10732
nature of the firm's proposed services and potential technical	10733
approaches;	10734

(4) Rank the selected firms based on the public authority's	10735
evaluation of the value of each firm's pricing proposal, with such	10736
evaluation considering each firm's proposed costs and	10737
qualifications;	10738

(5) Enter into contract negotiations for design-build	10739
services with the design-build firm whose pricing proposal the	10740
public authority determines to be the best value under this	10741
section.	10742

(B) In complying with division (A)(5) of this section,	10743
contract negotiations shall be directed toward:	10744

(1) Ensuring that the design-build firm and the public	10745
authority mutually understand the essential requirements involved	10746
in providing the required design-build services, the provisions	10747
for the use of contingency funds, and the terms of the contract,	10748
including terms related to the possible distribution of savings in	10749
the final costs of the project;	10750

(2) Ensuring that the design-build firm shall be able to	10751
provide the necessary personnel, equipment, and facilities to	10752
perform the design-build services within the time required by the	10753
design-build construction contract;	10754

(3) Agreeing upon a procedure and schedule for determining a	10755
guaranteed maximum price using an open book pricing method that	10756
shall represent the total maximum amount to be paid by the public	10757
authority to the design-build firm for the project and that shall	10758
include the costs of all work, the cost of its general conditions,	10759
the contingency, and the fee payable to the design-build firm.	10760

(C) If the public authority fails to negotiate a contract	10761
with the design-build firm whose pricing proposal the public	10762
authority determines to be the best value as determined under this	10763
section, the public authority shall inform the design-build firm	10764
in writing of the termination of negotiations. The public	10765
authority may then do the following:	10766

(1) Negotiate a contract with a design-build firm ranked next	10767
highest under this section following the negotiation procedure	10768
described in this section;	10769

(2) If negotiations fail with the design-build firm under	10770
division (C)(1) of this section, negotiate a contract with the	10771
design-build firm ranked next highest under this section following	10772
the negotiation procedure described in this section and continue	10773
negotiating with the design-build firms selected under this	10774
section in the order of their ranking until a contract is	10775
negotiated.	10776

(D) If the public authority fails to negotiate a contract	10777
with a design-build firm whose pricing proposal the public	10778
authority determines to be the best value as determined under this	10779
section, it may select additional design-build firms to provide	10780
pricing proposals to the public authority pursuant to this section	10781
or may select an alternative delivery method for the project.	10782

(E) The public authority may provide a stipend for pricing	10783
proposals received from design-build firms.	10784

(F) Nothing in this section affects a public authority's	10785
right to accept or reject any or all proposals in whole or in	10786
part.	10787

Sec. 153.694. If a professional design firm selected as the	10788
criteria architect or engineer creates the preliminary criteria	10789
and design criteria for a project and provides professional design	10790
services to a public authority to assist that public authority in	10791
evaluating the design-build requirements provided to the public	10792
authority by a design-build firm pursuant to section 153.692 of	10793
the Revised Code, that professional design firm shall not provide	10794
any design-build services pursuant to a design-build contract	10795
under section 153.693 of the Revised Code.	10796

Sec. 153.70. (A) Except for any person providing	10797
professional design services of a research or training nature, any	10798
person rendering professional design services to a public	10799
authority or to a design-build firm, including a criteria	10800
architect or engineer and person performing architect of record	10801
services, shall have and maintain, or be covered by, during the	10802
period the services are rendered, a professional liability	10803
insurance policy or policies with a company or companies that are	10804
authorized to do business in this state and that afford	10805
professional liability coverage for the professional design	10806
services rendered. The insurance shall be in amount considered	10807
sufficient by the public authority. At the public authority's	10808
discretion, the design-build firm shall carry contractor's	10809
professional liability insurance and any other insurance the	10810
public authority considers appropriate.	10811

(B) The requirement for professional liability insurance set	10812
forth in division (A) of this section may be waived by the public	10813
authority for good cause, or the public authority may allow the	10814
person providing the professional design services to provide other	10815
assurances of financial responsibility.	10816

(C) Before construction begins pursuant to a contract for	10817
design-build services with a design-build firm, the design-build	10818
firm shall provide a surety bond to the public authority in	10819
accordance with section 153.57 of the Revised Code in an amount	10820
not less than the combined contract values of any work under	10821
contract to be constructed pursuant to the contract for	10822
design-build services prior to the establishment of the guaranteed	10823
maximum price or in the amount of the guaranteed maximum price as	10824
agreed to by the public authority, as the case may be.	10825

Sec. 153.71. Any public authority planning to contract for	10826
professional design services or design-build services may adopt,	10827
amend, or rescind rules, in accordance with Chapter 119. of the	10828
Revised Code, to implement sections 153.66 to 153.70 of the	10829
Revised Code. Sections 153.66 to 153.70 of the Revised Code do not	10830
apply to any of the following:	10831

(A) Any project with an estimated professional design fee of	10832
less than twenty-five thousand dollars;	10833

(B) Any project determined in writing by the public authority	10834
head to be an emergency requiring immediate action including, but	10835
not limited to, any projects requiring multiple contracts let as	10836
part of a program requiring a large number of professional design	10837
firms of the same type;	10838

(C) Any public authority that is not empowered by law to	10839
contract for professional design services.	10840

Sec. 153.72. A design-build firm contracted for design-build	10841
services by a public authority may do either of the following:	10842

(A) Perform design, construction, demolition, alteration,	10843
repair, or reconstruction work pursuant to such contract;	10844

(B) Perform professional design services when contracted by a	10845
public authority for design-build services even if the	10846
design-build firm is not a professional design firm.	10847

Sec. 153.73. The requirements set forth in sections 153.65	10848
to 153.72 of the Revised Code for the bidding, selection, and	10849
award of a contract for professional design services or	10850
design-build services by a public authority prevail in the event	10851
of any conflict with any other provision of this chapter.	10852

Sec. 153.80. (A) A contract for the construction,	10853
demolition, alteration, repair, or reconstruction of a public	10854
improvement entered into on or after ~~the effective date of this~~	10855
~~section~~April 16, 1993, shall be deemed to include the provisions	10856
contained in division (B) of this section.	10857

(B)(1) In regard to any bond filed by the contractor for the	10858
work contracted, the contracting authority, in its sole	10859
discretion, may reduce the bond required by twenty-five per cent	10860
of the total amount of the bond after at least fifty per cent of	10861
the work contracted for has been completed and by fifty per cent	10862
after at least seventy-five per cent of the work contracted for	10863
has been completed provided that all of the following conditions	10864
are met:	10865

(a) The contracting authority determines that the percentage	10866
of the work that has been completed at the time of determination	10867
has been satisfactorily performed and meets the terms of the	10868
contract, including a provision in regard to the time when the	10869
whole or any specified portion of work contemplated in the	10870
contract must be completed;	10871

(b) The contracting authority determines that no disputed	10872
claim caused by the contractor exists or remains unresolved;	10873

(c) The successful bid upon which the contract is based was	10874
not more than ten per cent below the next lowest bid or not more	10875
than ten per cent below a cost estimate for the work as published	10876
by the contracting authority.	10877

(2) In regard to the amount of any funds retained, the	10878
contracting authority, in its sole discretion, may reduce the	10879
amount of funds retained pursuant to ~~section~~sections 153.12 and	10880
153.14 of the Revised Code for the faithful performance of work by	10881
fifty per cent of the amount of funds required to be retained	10882
pursuant to those sections, provided that the surety on the bond	10883
remains liable for all of the following that are caused due to	10884
default by the contractor:	10885

(a) Completion of the job;

10886

(b) All delay claims;

10887

10888

(d) All additional expenses incurred by the contracting	10889
authority.	10890

10891

(1) "Contracting authority" means an officer, board, or other	10892
authority of the state, a county, township, municipal corporation,	10893
or school district, or of any other political subdivision of the	10894
state, authorized to contract for the construction, demolition,	10895
alteration, repair, or reconstruction of a public improvement, and	10896
any construction manager at risk as defined in section 9.33 of the	10897
Revised Code or design-build firm as defined in section 153.65 of	10898
the Revised Code awarding a subcontract, but does not include an	10899
officer, board, or other authority of the department of	10900
transportation.	10901

(2) "Delay claim" means a claim that arises due to default on	10902
provisions in a contract in regard to the time when the whole or	10903
any specified portion of work contemplated in the contract must be	10904
completed.	10905

Sec. 154.02. (A) Pursuant to the provisions of Chapter 154.	10906
of the Revised Code, the issuing authority may issue obligations	10907
as from time to time authorized by or pursuant to act or	10908
resolution of the general assembly, consistent with such	10909
limitations thereon, subject to section 154.12 of the Revised	10910
Code, as the general assembly may thereby prescribe as to	10911
principal amount, bond service charges, or otherwise, and shall	10912
cause the proceeds thereof to be applied to those capital	10913
facilities designated by or pursuant to act of the general	10914
assembly for any of the following:	10915

(1) Mental hygiene and retardation, including housing for	10916
mental hygiene and retardation patients under Section 16 of	10917
Article VIII, Ohio Constitution;	10918

(2) State supported and assisted institutions of higher	10919
education, including community or technical ~~education~~colleges;	10920

(3) Parks and recreation;

10921

(4) Ohio cultural facilities;

10922

(5) Ohio sports facilities;

10923

(6) Housing of branches and agencies of state government.

10924

(B) The authority provided by Chapter 154. of the Revised	10925
Code is in addition to any other authority provided by law for the	10926
same or similar purposes, except as may otherwise specifically be	10927
provided in Chapter 154. of the Revised Code. In case any section	10928
or provision of Chapter 154. of the Revised Code or in case any	10929
covenant, stipulation, obligation, resolution, trust agreement,	10930
indenture, lease agreement, act, or action, or part thereof, made,	10931
assumed, entered into, or taken under Chapter 154. of the Revised	10932
Code, or any application thereof, is for any reason held to be	10933
illegal or invalid, such illegality or invalidity shall not affect	10934
the remainder thereof or any other section or provision of Chapter	10935
154. of the Revised Code or any other covenant, stipulation,	10936
obligation, resolution, trust agreement, indenture, lease,	10937
agreement, act, or action, or part thereof, made, assumed, entered	10938
into, or taken under such chapter, which shall be construed and	10939
enforced as if such illegal or invalid portion were not contained	10940
therein, nor shall such illegality or invalidity or any	10941
application thereof affect any legal and valid application	10942
thereof, and each such section, provision, covenant, stipulation,	10943
obligation, resolution, trust agreement, indenture, lease,	10944
agreement, act, or action, or part thereof, shall be deemed to be	10945
effective, operative, made, entered into or taken in the manner	10946
and to the full extent permitted by law.	10947

Sec. 154.07. For the respective purposes provided in	10948
sections 154.20, 154.21, 154.22, ~~and~~ 154.23, 154.24, and 154.25 of	10949
the Revised Code, the issuing authority may issue obligations of	10950
the state of Ohio as provided in Chapter 154. of the Revised Code,	10951
provided that the holders or owners of obligations shall have no	10952
right to have excises or taxes levied by the general assembly for	10953
the payment of the bond service charges. The right of holders and	10954
owners to payment of bond service charges shall be limited to the	10955
revenues or receipts and funds pledged thereto in accordance with	10956
Chapter 154. of the Revised Code, and each obligation shall bear	10957
on its face a statement to that effect. Chapter 154. of the	10958
Revised Code does not permit, and no provision of that chapter	10959
shall be applied to authorize or grant, a pledge of charges for	10960
the treatment or care of mental hygiene and retardation patients	10961
to bond service charges on obligations other than those issued for	10962
capital facilities for mental hygiene and retardation, or a pledge	10963
of any receipts of or on behalf of state supported or state	10964
assisted institutions of higher education to bond service charges	10965
on obligations other than those issued for capital facilities for	10966
state supported or state assisted institutions of higher	10967
education, or a pledge of receipts with respect to parks and	10968
recreation to bond service charges on obligations other than those	10969
issued for capital facilities for parks and recreation, or a	10970
pledge of revenues or receipts received by or on behalf of any	10971
state agency to bond service charges on obligations other than	10972
those issued for capital facilities which are in whole or in part	10973
useful to, constructed by, or financed by the state agency that	10974
receives the revenues or receipts so pledged.	10975

Sec. 154.24. (A) In addition to the definitions provided in	10976
section 154.01 of the Revised Code:	10977

(1) "Capital facilities" includes, for purposes of this	10978
section, storage and parking facilities related to such capital	10979
facilities.	10980

(2) "Costs of capital facilities" includes, for purposes of	10981
this section, the costs of assessing, planning, and altering	10982
capital facilities, and the financing thereof, all related direct	10983
administrative expenses and allocable portions of direct costs of	10984
lessee state agencies, and all other expenses necessary or	10985
incident to the assessment, planning, alteration, maintenance,	10986
equipment, or furnishing of capital facilities and the placing of	10987
the same in use and operation, including any one, part of, or	10988
combination of such classes of costs and expenses.	10989

(3) "Governmental agency" includes, for purposes of this	10990
section, any state of the United States or any department,	10991
division, or agency of any state.	10992

(4) "State agency" includes, for purposes of this section,	10993
branches, authorities, courts, the general assembly, counties,	10994
municipal corporations, and any other governmental entities of	10995
this state that enter into leases with the commission pursuant to	10996
this section or that are designated by law as state agencies for	10997
the purpose of performing a state function that is to be housed by	10998
a capital facility for which the issuing authority is authorized	10999
to issue revenue obligations pursuant to this section.	11000

(B) Subject to authorization by the general assembly under	11001
section 154.02 of the Revised Code, the issuing authority may	11002
issue obligations pursuant to this chapter to pay costs of capital	11003
facilities for housing branches and agencies of state government,	11004
including capital facilities for the purpose of housing personnel,	11005
equipment, or functions, or any combination thereof that a state	11006
agency is responsible for housing, including obligations to pay	11007
the costs of capital facilities described in section 307.021 of	11008
the Revised Code, and the costs of capital facilities in which one	11009
or more state agencies are participating with the federal	11010
government, municipal corporations, counties, or other	11011
governmental entities, or any one or more of them, and in which	11012
that portion of the facility allocated to the participating state	11013
agencies is to be used for the purpose of housing branches and	11014
agencies of state government including housing personnel,	11015
equipment, or functions, or any combination thereof. Such	11016
participation may be by grants, loans, or contributions to other	11017
participating governmental agencies for any of those capital	11018
facilities.	11019

(C) The commission may lease any capital facilities for	11020
housing branches and agencies of state government to, and make or	11021
provide for other agreements with respect to the use or purchase	11022
of such capital facilities with, any state agency or governmental	11023
agency having authority under law to operate such capital	11024
facilities.	11025

(D)(1) For purposes of this division, "available receipts"	11026
means fees, charges, revenues, grants, subsidies, income from the	11027
investment of moneys, proceeds from the sale of goods or services,	11028
and all other revenues or receipts derived from the operation,	11029
leasing, or other disposition of capital facilities financed with	11030
obligations issued under this section or received by or on behalf	11031
of any state agency for which capital facilities are financed with	11032
obligations issued under this section or any state agency	11033
participating in or by which the capital facilities are	11034
constructed or financed; the proceeds of obligations issued under	11035
this section and sections 154.11 or 154.12 of the Revised Code;	11036
and any moneys appropriated by a governmental agency, and gifts,	11037
grants, donations, and pledges, and receipts therefrom, available	11038
for the payment of bond service charges on such obligations.	11039

(2) The issuing authority may pledge all, or such portion as	11040
it determines, of the available receipts to the payment of bond	11041
service charges on obligations issued under this section and	11042
section 154.11 or 154.12 of the Revised Code and for the	11043
establishment and maintenance of any reserves, as provided in the	11044
bond proceedings, and make other provisions therein with respect	11045
to such available receipts as authorized by this chapter, which	11046
provisions shall be controlling notwithstanding any other	11047
provision of law pertaining thereto.	11048

(E) There is hereby created one or more funds, as determined	11049
by the issuing authority in the bond proceedings, with identifying	11050
names as the issuing authority determines, which shall be in the	11051
custody of the treasurer of state but shall be separate and apart	11052
from and not a part of the state treasury. All money received by	11053
or on account of the issuing authority or the commission and	11054
required by the applicable bond proceedings to be deposited,	11055
transferred, or credited to a bond service fund created pursuant	11056
to this section, and all other money transferred or allocated to	11057
or received for the purposes of that fund, shall be deposited with	11058
the treasurer of state and credited to the applicable fund,	11059
subject to applicable provisions of the bond proceedings, but	11060
without necessity of any act or appropriation. Any bond service	11061
fund created pursuant to this section is a trust fund hereby	11062
pledged to the payment of bond service charges on the applicable	11063
obligations issued pursuant to this section and section 154.11 or	11064
154.12 of the Revised Code to the extent provided in the	11065
applicable bond proceedings, and payment thereof from such funds	11066
shall be made or provided for by the treasurer of state in	11067
accordance with the applicable bond proceedings without necessity	11068
for any act or appropriation. The director of budget and	11069
management may also create one or more improvement funds, with	11070
identifying names as the director determines, which shall be in	11071
the state treasury, to receive the proceeds of obligations issued	11072
under this section appropriated to fund costs of capital	11073
facilities.	11074

(F) This section is to be applied with other applicable	11075
provisions of this chapter.	11076

Sec. 154.25. (A) As used in this section:

11077

(1) "Available community or technical college receipts" means	11078
all money received by a community or technical college or	11079
community or technical college district, including income,	11080
revenues, and receipts from the operation, ownership, or control	11081
of facilities, grants, gifts, donations, and pledges and receipts	11082
therefrom, receipts from fees and charges, the allocated state	11083
share of instruction as defined in section 3333.90 of the Revised	11084
Code, and the proceeds of the sale of obligations, including	11085
proceeds of obligations issued to refund obligations previously	11086
issued, but excluding any special fee, and receipts therefrom,	11087
charged pursuant to division (D) of section 154.21 of the Revised	11088
Code.	11089

(2) "Community or technical college," "college," "community	11090
or technical college district," and "district" have the same	11091
meanings as in section 3333.90 of the Revised Code.	11092

(3) "Community or technical college capital facilities" means	11093
auxiliary facilities, education facilities, and housing and dining	11094
facilities, as those terms are defined in section 3345.12 of the	11095
Revised Code, to the extent permitted to be financed by the	11096
issuance of obligations under division (A)(2) of section 3357.112	11097
of the Revised Code, that are authorized by sections 3354.121,	11098
3357.112, and 3358.10 of the Revised Code to be financed by	11099
obligations issued by a community or technical college district,	11100
and for which the issuing authority is authorized to issue	11101
obligations pursuant to this section, and includes any one, part	11102
of, or any combination of the foregoing, and further includes site	11103
improvements, utilities, machinery, furnishings, and any separate	11104
or connected buildings, structures, improvements, sites, open	11105
space and green space areas, utilities, or equipment to be used	11106
in, or in connection with the operation or maintenance of, or	11107
supplementing or otherwise related to the services or facilities	11108
to be provided by, such facilities.	11109

(4) "Cost of community or technical college capital	11110
facilities" means the costs of acquiring, constructing,	11111
reconstructing, rehabilitating, remodeling, renovating, enlarging,	11112
improving, equipping, or furnishing community or technical college	11113
capital facilities, and the financing thereof, including the cost	11114
of clearance and preparation of the site and of any land to be	11115
used in connection with community or technical college capital	11116
facilities, the cost of any indemnity and surety bonds and	11117
premiums on insurance, all related direct administrative expenses	11118
and allocable portions of direct costs of the commission and the	11119
issuing authority, community or technical college or community or	11120
technical college district, cost of engineering, architectural	11121
services, design, plans, specifications and surveys, estimates of	11122
cost, legal fees, fees and expenses of trustees, depositories,	11123
bond registrars, and paying agents for obligations, cost of	11124
issuance of obligations and financing costs and fees and expenses	11125
of financial advisers and consultants in connection therewith,	11126
interest on obligations from the date thereof to the time when	11127
interest is to be covered by available receipts or other sources	11128
other than proceeds of those obligations, amounts necessary to	11129
establish reserves as required by the bond proceedings, costs of	11130
audits, the reimbursements of all moneys advanced or applied by or	11131
borrowed from the community or technical college, community or	11132
technical college district, or others, from whatever source	11133
provided, including any temporary advances from state	11134
appropriations, for the payment of any item or items of cost of	11135
community or technical college facilities, and all other expenses	11136
necessary or incident to planning or determining feasibility or	11137
practicability with respect to such facilities, and such other	11138
expenses as may be necessary or incident to the acquisition,	11139
construction, reconstruction, rehabilitation, remodeling,	11140
renovation, enlargement, improvement, equipment, and furnishing of	11141
community or technical college capital facilities, the financing	11142
thereof and the placing of them in use and operation, including	11143
any one, part of, or combination of such classes of costs and	11144
expenses.	11145

(5) "Capital facilities" includes community or technical	11146
college capital facilities.	11147

(6) "Obligations" has the same meaning as in section 154.01	11148
or 3345.12 of the Revised Code, as the context requires.	11149

(B) The issuing authority is authorized to issue revenue	11150
obligations under Section 2i of Article VIII, Ohio Constitution,	11151
on behalf of a community or technical college district and shall	11152
cause the net proceeds thereof, after any deposits of accrued	11153
interest for the payment of bond service charges and after any	11154
deposit of all or such lesser portion as the issuing authority may	11155
direct of the premium received upon the sale of those obligations	11156
for the payment of the bond service charges, to be applied to the	11157
cost of community or technical college capital facilities,	11158
provided that the issuance of such obligations is subject to the	11159
execution of a written agreement in accordance with division (C)	11160
of section 3333.90 of the Revised Code for the withholding and	11161
depositing of funds otherwise due the district, or the college it	11162
operates, in respect of its allocated state share of instruction.	11163

(C) The bond service charges and all other payments required	11164
to be made by the trust agreement or indenture securing the	11165
obligations shall be payable solely from available community or	11166
technical college receipts pledged thereto as provided in the	11167
resolution. The available community or technical college receipts	11168
pledged and thereafter received by the commission are immediately	11169
subject to the lien of such pledge without any physical delivery	11170
thereof or further act, and the lien of any such pledge is valid	11171
and binding against all parties having claims of any kind against	11172
the authority, irrespective of whether those parties have notice	11173
thereof, and creates a perfected security interest for all	11174
purposes of Chapter 1309. of the Revised Code and a perfected lien	11175
for purposes of any real property interest, all without the	11176
necessity for separation or delivery of funds or for the filing or	11177
recording of the resolution, trust agreement, indenture, or other	11178
agreement by which such pledge is created or any certificate,	11179
statement, or other document with respect thereto; and the pledge	11180
of such available community or technical college receipts is	11181
effective and the money therefrom and thereof may be applied to	11182
the purposes for which pledged. Every pledge, and every covenant	11183
and agreement made with respect to the pledge, made in the	11184
resolution may therein be extended to the benefit of the owners	11185
and holders of obligations authorized by this section, and to any	11186
trustee therefor, for the further securing of the payment of the	11187
bond service charges, and all or any rights under any agreement or	11188
lease made under this section may be assigned for such purpose.	11189

(D) This section is to be applied with other applicable	11190
provisions of this chapter.	11191

Sec. 164.02. (A) There is hereby created the Ohio public	11192
works commission consisting of seven members who shall be	11193
appointed as follows: two persons shall be appointed by the	11194
speaker of the house of representatives; one person shall be	11195
appointed by the minority leader of the house of representatives;	11196
two persons shall be appointed by the president of the senate; one	11197
person shall be appointed by the minority leader of the senate;	11198
and one person from the private sector, who shall have at least	11199
eight years experience in matters of public finance, shall be	11200
appointed alternately by the speaker of the house of	11201
representatives and the president of the senate, with the speaker	11202
of the house making the first appointment. The director of	11203
transportation, the director of environmental protection, the	11204
director of development, the director of natural resources, and	11205
the chairperson of the Ohio water development authority shall be	11206
nonvoting, ex officio members of the commission. The initial	11207
appointments made to the commission by the minority leaders of the	11208
senate and house of representatives and one of the initial	11209
appointments made by the speaker of the house of representatives	11210
and the president of the senate shall be for terms ending December	11211
31, 1989; one of the initial appointments made by the speaker of	11212
the house of representatives and the president of the senate shall	11213
be for terms ending December 31, 1990; and the initial term of the	11214
appointment to the commission that is alternately made by the	11215
speaker of the house of representatives and the president of the	11216
senate shall be for a term ending December 31, 1989. Thereafter,	11217
terms of office shall be for three years, each term ending on the	11218
same day of the same month of the year as did the term which it	11219
succeeds. Each member shall hold office from the date of	11220
appointment until the end of the term for which the member is	11221
appointed. Members may be reappointed one time. Vacancies shall be	11222
filled in the same manner provided for original appointments. Any	11223
member appointed to fill a vacancy occurring prior to the	11224
expiration date of the term for which the member's predecessor was	11225
appointed shall hold office for the remainder of that term. A	11226
member shall continue in office subsequent to the expiration date	11227
of the member's term until the member's successor takes office or	11228
until a period of sixty days has elapsed, whichever occurs first.	11229

The commission shall elect a chairperson, vice-chairperson,	11230
and other officers as it considers advisable. Four members	11231
constitute a quorum. Members of the commission shall serve without	11232
compensation but shall be reimbursed for their actual and	11233
necessary expenses incurred in the performance of their duties.	11234

(B) The Ohio public works commission shall:

11235

(1) Review and evaluate persons who will be recommended to	11236
the governor for appointment to the position of director of the	11237
Ohio public works commission, and, when the commission considers	11238
it appropriate, recommend the removal of a director;	11239

(2) Provide the governor with a list of names of three	11240
persons who are, in the judgment of the commission, qualified to	11241
be appointed to the position of director. The commission shall	11242
provide the list, which may include the name of the incumbent	11243
director to the governor, not later than sixty days prior to the	11244
expiration of the term of such incumbent director. A director	11245
shall serve a two-year term upon initial appointment, and	11246
four-year terms if subsequently reappointed by the governor;	11247
however, the governor may remove a director at any time following	11248
the commission's recommendation of such action. Upon the	11249
expiration of a director's term, or in the case of the	11250
resignation, death, or removal of a director, the commission shall	11251
provide such list of the names of three persons to the governor	11252
within thirty days of such expiration, resignation, death, or	11253
removal. Nothing in this section shall prevent the governor, in	11254
the governor's discretion, from rejecting all of the nominees of	11255
the commission and requiring the commission to select three	11256
additional nominees. However, when the governor has requested and	11257
received a second list of three additional names, the governor	11258
shall make the appointment from one of the names on the first list	11259
or the second list. Appointment by the governor is subject to the	11260
advice and consent of the senate.	11261

In the case of the resignation, removal, or death of the	11262
director during the director's term of office, a successor shall	11263
be chosen for the remainder of the term in the same manner as is	11264
provided for an original appointment.	11265

(3) Provide oversight to the director and advise in the	11266
development of policy guidelines for the implementation of this	11267
chapter, and report and make recommendations to the general	11268
assembly with respect to such implementation;	11269

(4) Adopt bylaws to govern the conduct of the commission's	11270
business;	11271

(5) Appoint the members of the Ohio small government capital	11272
improvements commission in accordance with division (C) of this	11273
section.	11274

(C)(1) There is hereby created the Ohio small government	11275
capital improvements commission. The commission shall consist of	11276
ten members, including the director of transportation, the	11277
director of environmental protection, and the chairperson of the	11278
Ohio water development authority as nonvoting, ex officio members	11279
and seven voting members appointed by the Ohio public works	11280
commission. Each such appointee shall be a member of a ~~district~~	11281
~~public works~~local government integrating and innovation committee	11282
who was appointed to the integrating and innovation committee	11283
pursuant to the majority vote of the chief executive officers of	11284
the villages of the appointee's district or by a majority of the	11285
boards of township trustees of the appointee's district.	11286

(2) Two of the initial appointments shall be for terms ending	11287
two years after March 29, 1988. The remaining initial appointments	11288
shall be for terms ending three years after March 29, 1988.	11289
Thereafter, terms of office shall be for two years, with each term	11290
ending on the same date of the same month as did the term that it	11291
succeeds. Each member shall hold office from the date of	11292
appointment until the end of the term for which the member is	11293
appointed. Vacancies shall be filled in the same manner as	11294
original appointments. Any member appointed to fill a vacancy	11295
occurring prior to the expiration date of the term for which the	11296
member's predecessor was appointed shall hold office as a member	11297
for the remainder of that term. A member shall continue in office	11298
subsequent to the expiration of the member's term until the	11299
member's successor takes office or until a period of sixty days	11300
has elapsed, whichever occurs first. Members of the commission may	11301
be reappointed to serve two additional terms, except that no	11302
member appointed to an initial term of three years may be	11303
reappointed to more than one additional term. No more than two	11304
members of the commission may be members of the same ~~district~~	11305
~~public works~~local government integrating and innovation	11306
committee.	11307

(3) The Ohio small government capital improvements commission	11308
shall elect one of its appointed members as chairperson and	11309
another as vice-chairperson. Four voting members of the commission	11310
constitute a quorum, and the affirmative vote of four appointed	11311
members is required for any action taken by vote of the	11312
commission. No vacancy in the membership of the commission shall	11313
impair the right of a quorum by an affirmative vote of four	11314
appointed members to exercise all rights and perform all duties of	11315
the commission. Members of the commission shall serve without	11316
compensation, but shall be reimbursed for their actual and	11317
necessary expenses incurred in the performance of their duties.	11318

(D) The Ohio small government capital improvements commission	11319
shall:	11320

(1) Advise the general assembly on the development of policy	11321
guidelines for the implementation of this chapter, especially as	11322
it relates to the interests of small governments and the use of	11323
the portion of bond proceeds set aside for the exclusive use of	11324
townships and villages;	11325

(2) Advise the township and village subcommittees of the	11326
various ~~district public works~~local government integrating and	11327
innovation committees concerning the selection of projects for	11328
which the use of such proceeds will be authorized;	11329

(3) Affirm or overrule the recommendations of its	11330
administrator made in accordance with section 164.051 of the	11331
Revised Code concerning requests from townships and villages for	11332
financial assistance for capital improvement projects.	11333

(E) Membership on the Ohio public works commission or the	11334
Ohio small government capital improvements commission does not	11335
constitute the holding of a public office. No appointed member	11336
shall be required, by reason of section 101.26 of the Revised	11337
Code, to resign from or forfeit membership in the general	11338
assembly.	11339

Notwithstanding any provision of law to the contrary, a	11340
county, municipal, or township public official may serve as a	11341
member of the Ohio public works commission or the Ohio small	11342
government capital improvements commission.	11343

Members of the commissions established by this section do not	11344
have an unlawful interest in a public contract under section	11345
2921.42 of the Revised Code solely by virtue of the receipt of	11346
financial assistance under this chapter by the local subdivision	11347
of which they are also a public official or appointee.	11348

(F) The director of the Ohio public works commission shall	11349
administer the small counties capital improvement program, which	11350
is hereby created. The program shall provide financial assistance	11351
to county governments of counties that have a population of less	11352
than eighty-five thousand according to the most recent decennial	11353
census. Under the program, the director shall review and may	11354
approve projects submitted by subcommittees of ~~district public~~	11355
~~works~~local government integrating and innovation committees under	11356
division (E) of section 164.06 of the Revised Code. In approving	11357
projects, the director shall be guided by the provisions of	11358
division (B) of that section, while taking into consideration the	11359
special capital improvement needs of small counties.	11360

Sec. 164.04. (A) In each of the districts created in section	11361
164.03 of the Revised Code, a ~~district public works~~local	11362
government integrating and innovation committee shall be	11363
established as follows:	11364

(1) In district one, the district committee shall consist of	11365
seven members appointed as follows: two members shall be appointed	11366
by the board of county commissioners or the chief executive	11367
officer of the county; two members shall be appointed by the chief	11368
executive officer of the most populous municipal corporation in	11369
the district; two members shall be appointed by a majority of the	11370
chief executive officers of the other municipal corporations	11371
located within the district; and one member, who shall have	11372
experience in local infrastructure planning and economic	11373
development and who shall represent the interests of private	11374
industry within the district, shall be appointed by a majority of	11375
the members of the district committee or their alternates. Except	11376
with respect to the selection of the private sector member of the	11377
committee, the affirmative vote of at least five committee members	11378
or their alternates is required for any action taken by a vote of	11379
the committee.	11380

(2) In district two, the district committee shall consist of	11381
nine members appointed as follows: two members shall be appointed	11382
by the board of county commissioners; three members shall be	11383
appointed by the chief executive officer of the most populous	11384
municipal corporation in the district; two members shall be	11385
appointed by a majority of the other chief executive officers of	11386
municipal corporations in the district; and two members shall be	11387
appointed by a majority of the boards of township trustees in the	11388
district. Of the members appointed by the board of county	11389
commissioners, one member shall have experience in local	11390
infrastructure planning and economic development, and one member	11391
shall be either a county commissioner or a county engineer of the	11392
district. The affirmative vote of at least seven members of the	11393
committee or their alternates is required for any action taken by	11394
a vote of the committee.	11395

(3) In districts three, four, eight, twelve, and nineteen,	11396
the district committee shall consist of nine members appointed as	11397
follows: two members shall be appointed by the board of county	11398
commissioners or by the chief executive officer of the county; two	11399
members shall be appointed by the chief executive officer of the	11400
most populous municipal corporation located within the district;	11401
two members shall be appointed by a majority of the other chief	11402
executive officers of the municipal corporations located in the	11403
district; two members shall be appointed by a majority of the	11404
boards of township trustees located in the district; and one	11405
member, who shall have experience in local infrastructure planning	11406
and economic development and who shall represent the interests of	11407
private industry within the district, shall be appointed by a	11408
majority of the members of the committee or their alternates.	11409
Except with respect to the selection of the private sector member	11410
of the committee, the affirmative vote of at least seven committee	11411
members or their alternates is required for any action taken by a	11412
vote of the committee.	11413

(4) In district six, the district committee shall consist of	11414
nine members appointed as follows: one member shall be appointed	11415
by the board of county commissioners of each county in the	11416
district; one member shall be appointed by the chief executive	11417
officer of the most populous municipal corporation in each county	11418
in the district; one member shall be appointed alternately by a	11419
majority of the chief executives of the municipal corporations,	11420
other than the largest municipal corporation, within one of the	11421
counties of the district; and one member shall be appointed	11422
alternately by a majority of the boards of township trustees	11423
within one of the counties in the district. The two persons who	11424
are the county engineers of the counties in the district also	11425
shall be members of the committee. At least six of these members	11426
or their alternates shall agree upon the appointment to the	11427
committee of a private sector person who shall have experience in	11428
local infrastructure planning and economic development. The	11429
affirmative vote of seven committee members or their alternates is	11430
required for any action taken by a vote of the committee.	11431

The first appointment to the committee made by the majority	11432
of the boards of township trustees of a county shall be made by	11433
the boards of township trustees located in the least populous	11434
county of the district, and the first appointment made by the	11435
majority of the chief executives of municipal corporations, other	11436
than the largest municipal corporation, of a county shall be made	11437
by the chief executives of municipal corporations, other than the	11438
largest municipal corporation, from the most populous county in	11439
the district.	11440

Notwithstanding division (C) of this section, the members of	11441
the district committee appointed alternately by a majority of the	11442
chief executive officers of municipal corporations, other than the	11443
largest municipal corporation, of a county and a majority of	11444
boards of township trustees of a county shall serve five-year	11445
terms.	11446

(5) In districts seven, nine, and ten, the district committee	11447
shall consist of two members appointed by the board of county	11448
commissioners of each county in the district, two members	11449
appointed by a majority of the chief executive officers of all	11450
cities within each county in the district, three members appointed	11451
by a majority of the boards of township trustees of all townships	11452
in the district, three members appointed by a majority of chief	11453
executive officers of all villages in the district, one member who	11454
is appointed by a majority of the county engineers in the district	11455
and who shall be a county engineer, and one member, who shall have	11456
experience in local infrastructure planning and economic	11457
development, shall be appointed by a majority of all other	11458
committee members or their alternates. If there is a county in the	11459
district in which there are no cities, the member that is to be	11460
appointed by the chief executive officers of the cities within	11461
that county shall be appointed by the chief executive officer of	11462
the village with the largest population in that county.	11463

(6) In districts five, eleven, and thirteen through eighteen,	11464
the members of each district committee shall be appointed as	11465
follows: one member shall be appointed by each board of county	11466
commissioners; one member shall be appointed by the majority of	11467
the chief executive officers of the cities located in each county;	11468
three members shall be appointed by a majority of the chief	11469
executive officers of villages located within the district; three	11470
members shall be appointed by a majority of the boards of township	11471
trustees located within the district; one member shall be	11472
appointed by a majority of the county engineers of the district	11473
and shall be a county engineer; and one member, who shall have	11474
experience in local infrastructure planning and economic	11475
development and who shall represent the interests of private	11476
industry within the district, shall be appointed by a majority of	11477
the members of the committee or their alternates. If there is a	11478
county in the district in which there are no cities, the member	11479
that is to be appointed by the chief executive officers of the	11480
cities within that county shall be appointed by the chief	11481
executive officer of the village with the largest population in	11482
that county.	11483

(7) In districts five, seven, nine, ten, eleven, thirteen,	11484
fourteen, sixteen, and seventeen organized in accordance with	11485
divisions (A)(5) and (6) of this section, a nine-member executive	11486
committee shall be established that shall include at least one of	11487
the persons appointed to the district committee by the chief	11488
executive officers of the villages within the district, at least	11489
one of the persons appointed to the district committee by the	11490
boards of township trustees within the district, the person	11491
appointed to the district committee to represent the interests of	11492
private industry, and six additional district committee members	11493
selected to serve on the executive committee by a majority of the	11494
members of the district committee or their alternates, except that	11495
not more than three persons who were appointed to the district	11496
committee by a board of county commissioners and not more than	11497
three persons who were appointed to the district committee by the	11498
chief executives of the cities located in the district shall serve	11499
on the executive committee.	11500

(8) In districts fifteen and eighteen organized in accordance	11501
with division (A)(6) of this section, an eleven-member executive	11502
committee shall be established that shall include at least one of	11503
the persons appointed to the district committee by the chief	11504
executive officers of the villages within the district, at least	11505
one of the persons appointed to the district committee by the	11506
boards of township trustees within the district, the person	11507
appointed to the district committee to represent the interests of	11508
private industry, and eight additional district committee members	11509
selected to serve on the executive committee by a majority of the	11510
members of the district committee or their alternates, except that	11511
not more than four persons who were appointed to the district	11512
committee by a board of county commissioners and not more than	11513
four persons who were appointed to the district committee by the	11514
chief executives of the cities located in the district shall serve	11515
on the executive committee. No more than two persons from each	11516
county shall be on the executive committee.	11517

All decisions of a district committee required to be	11518
organized in accordance with divisions (A)(5) and (6) of this	11519
section shall be approved by its executive committee. The	11520
affirmative vote of at least seven executive committee members or	11521
their alternates for executive committees formed under division	11522
(A)(7) of this section and at least nine members or their	11523
alternates for executive committees formed under division (A)(8)	11524
of this section is required for any action taken by vote of the	11525
executive committee, except that any decision of the executive	11526
committee may be rejected by a vote of at least two-thirds of the	11527
full membership of the district committee within thirty days of	11528
the executive committee action. Only projects approved by the	11529
executive committee may be submitted to the director of the Ohio	11530
public works commission pursuant to section 164.05 of the Revised	11531
Code.	11532

(B) Appointing authorities that appoint district committee	11533
members also may appoint an alternate for each committee member	11534
appointed under divisions (A)(1) to (6) of this section. If a	11535
district committee member is absent from a district or executive	11536
committee or subcommittee meeting, the alternate has the right to	11537
vote and participate in all proceedings and actions at that	11538
meeting.	11539

(C) Terms of office for members of district committees and	11540
their alternates shall be for three years, with each term ending	11541
on the same day of the same month as did the term that it	11542
succeeds. Each member and that member's alternate shall hold	11543
office from the date of appointment until the end of the term for	11544
which the member is appointed, except that, with respect to any	11545
member who was an elected or appointed official of a township,	11546
county, or municipal corporation or that member's alternate, the	11547
term of office for that person under this section shall not extend	11548
beyond the member's term as an elected or appointed official	11549
unless the member was appointed by a group of officials of more	11550
than one political subdivision or the members of the district	11551
committee, in which case the member's alternate shall continue to	11552
serve for the full term. Members and their alternates may be	11553
reappointed. Vacancies shall be filled in the same manner provided	11554
for original appointments. Any member or that member's alternate	11555
appointed to fill a vacancy occurring prior to the expiration date	11556
of the term for which the member's or alternate's predecessor was	11557
appointed shall hold office for the remainder of that term. A	11558
member or that member's alternate shall continue in office	11559
subsequent to the expiration date of the member's or alternate's	11560
term until the member's or alternate's successor takes office or	11561
until a period of sixty days has elapsed, whichever occurs first.	11562
Each ~~district public works~~local government integrating and	11563
innovation committee shall elect a chairperson, vice-chairperson,	11564
and other officers it considers advisable.	11565

(D) For purposes of this chapter, if a subdivision is located	11566
in more than one county or in more than one district, the	11567
subdivision shall be deemed to be a part of the county or district	11568
in which the largest number of its population is located. However,	11569
if after a decennial census the change in a subdivision's	11570
population would result in the subdivision becoming part of a	11571
different county or district, the legislative authority of the	11572
subdivision may, by resolution, choose to remain a part of the	11573
county or district of which the subdivision was originally deemed	11574
to be a part. Such a decision is not revocable unless similar	11575
conditions arise following the next decennial census.	11576

(E) Notwithstanding any provision of law to the contrary, a	11577
county, municipal, or township public official may serve as a	11578
member of a ~~district public works~~local government integrating and	11579
innovation committee.	11580

(F) A member of a district committee or that member's	11581
alternate does not have an unlawful interest in a public contract	11582
under section 2921.42 of the Revised Code solely by virtue of the	11583
receipt of financial assistance under this chapter by the local	11584
subdivision of which the member or that member's alternate is also	11585
a public official or appointee.	11586

Sec. 164.05. (A) The director of the Ohio public works	11587
commission shall do all of the following:	11588

(1) Approve requests for financial assistance from ~~district~~	11589
~~public works~~local government integrating and innovation	11590
committees and enter into agreements with one or more local	11591
subdivisions to provide loans, grants, and local debt support and	11592
credit enhancements for a capital improvement project if the	11593
director determines that:	11594

(a) The project is an eligible project pursuant to this	11595
chapter;	11596

(b) The financial assistance for the project has been	11597
properly approved and requested by the district committee of the	11598
district which includes the recipient of the loan or grant;	11599

(c) The amount of the financial assistance, when added to all	11600
other financial assistance provided during the fiscal year for	11601
projects within the district, does not exceed that district's	11602
allocation of money from the state capital improvements fund for	11603
that fiscal year;	11604

(d) The district committee has provided such documentation	11605
and other evidence as the director may require that the district	11606
committee has satisfied the requirements of section 164.06 or	11607
164.14 of the Revised Code;	11608

(e) The portion of a district's annual allocation which the	11609
director approves in the form of loans and local debt support and	11610
credit enhancements for eligible projects is consistent with	11611
divisions (E) and (F) of this section.	11612

(2) Authorize payments to local subdivisions or their	11613
contractors for costs incurred for capital improvement projects	11614
which have been approved pursuant to this chapter. All requests	11615
for payments shall be submitted to the director on forms and in	11616
accordance with procedures specified in rules adopted by the	11617
director pursuant to division (A)(4) of this section.	11618

(3) Retain the services of or employ financial consultants,	11619
engineers, accountants, attorneys, and such other employees as the	11620
director determines are necessary to carry out the director's	11621
duties under this chapter and fix the compensation for their	11622
services;	11623

(4) Adopt rules establishing the procedures for making	11624
applications, reviewing, approving, and rejecting projects for	11625
which assistance is authorized under this chapter, and any other	11626
rules needed to implement the provisions of this chapter. Such	11627
rules shall be adopted under Chapter 119. of the Revised Code.	11628

(5) Provide information and other assistance to local	11629
subdivisions and ~~district public works~~local government	11630
integrating and innovation committees in developing their requests	11631
for financial assistance for capital improvements under this	11632
chapter and encourage cooperation and coordination of requests and	11633
the development of multisubdivision and multidistrict projects in	11634
order to maximize the benefits that may be derived by districts	11635
from each year's allocation;	11636

(6) Require local subdivisions, to the extent practicable, to	11637
use Ohio products, materials, services, and labor in connection	11638
with any capital improvement project financed in whole or in part	11639
under this chapter;	11640

(7) Notify the director of budget and management of all	11641
approved projects, and supply all information necessary to track	11642
approved projects through the state accounting system;	11643

(8) Appoint the administrator of the Ohio small government	11644
capital improvements commission;	11645

(9) Do all other acts, enter into contracts, and execute all	11646
instruments necessary or appropriate to carry out this chapter;	11647

(10) Develop a standardized methodology for evaluating	11648
capital improvement needs which will be used by local subdivisions	11649
in preparing the plans required by division (C) of section 164.06	11650
of the Revised Code. The director shall develop this methodology	11651
not later than July 1, 1991.	11652

(11) Establish a program to provide local subdivisions with	11653
technical assistance in preparing project applications. The	11654
program shall be designed to assist local subdivisions that lack	11655
the financial or technical resources to prepare project	11656
applications on their own.	11657

(B) When the director of the Ohio public works commission	11658
decides to conditionally approve or disapprove projects, the	11659
director's decisions and the reasons for which they are made shall	11660
be made in writing. These written decisions shall be conclusive	11661
for the purposes of the validity and enforceability of such	11662
determinations.	11663

(C) Fees, charges, rates of interest, times of payment of	11664
interest and principal, and other terms, conditions, and	11665
provisions of and security for financial assistance provided	11666
pursuant to the provisions of this chapter shall be such as the	11667
director determines to be appropriate. If any payments required by	11668
a loan agreement entered into pursuant to this chapter are not	11669
paid, the funds which would otherwise be apportioned to the local	11670
subdivision from the county undivided local government fund,	11671
pursuant to sections 5747.51 to 5747.53 of the Revised Code, may,	11672
at the direction of the director of the Ohio public works	11673
commission, be reduced by the amount payable. The county treasurer	11674
shall, at the direction of the director, pay the amount of such	11675
reductions to the state capital improvements revolving loan fund.	11676
The director may renegotiate a loan repayment schedule with a	11677
local subdivision whose payments from the county undivided local	11678
government fund could be reduced pursuant to this division, but	11679
such a renegotiation may occur only one time with respect to any	11680
particular loan agreement.	11681

(D) Grants approved for the repair and replacement of	11682
existing infrastructure pursuant to this chapter shall not exceed	11683
ninety per cent of the estimated total cost of the capital	11684
improvement project. Grants approved for new or expanded	11685
infrastructure shall not exceed fifty per cent of the estimated	11686
cost of the new or expansion elements of the capital improvement	11687
project. A local subdivision share of the estimated cost of a	11688
capital improvement may consist of any of the following:	11689

(1) The reasonable value, as determined by the director or	11690
the administrator, of labor, materials, and equipment that will be	11691
contributed by the local subdivision in performing the capital	11692
improvement project;	11693

(2) Moneys received by the local subdivision in any form from	11694
an authority, commission, or agency of the United States for use	11695
in performing the capital improvement project;	11696

(3) Loans made to the local subdivision under this chapter;

11697

(4) Engineering costs incurred by the local subdivision in	11698
performing engineering activities related to the project.	11699

A local subdivision share of the cost of a capital	11700
improvement shall not include any amounts awarded to it from the	11701
local transportation improvement program fund created in section	11702
164.14 of the Revised Code.	11703

(E) The following portion of a ~~district public works~~local	11704
government integrating and innovation committee's annual	11705
allocation share pursuant to section 164.08 of the Revised Code	11706
may be awarded to subdivisions only in the form of interest-free,	11707
low-interest, market rate of interest, or blended-rate loans:	11708

YEAR IN WHICH	PORTION USED FOR	11709
MONEYS ARE ALLOCATED	LOANS	11710
Year 1	0%	11711
Year 2	0%	11712
Year 3	10%	11713
Year 4	12%	11714
Year 5	15%	11715
Year 6	20%	11716
Year 7, 8, 9, and 10	22%	11717

(F) The following portion of a ~~district public works~~local	11718
government integrating and innovation committee's annual	11719
allocation pursuant to section 164.08 of the Revised Code shall be	11720
awarded to subdivisions in the form of local debt supported and	11721
credit enhancements:	11722

	PORTIONS USED FOR	11723
YEAR IN WHICH	LOCAL DEBT SUPPORT	11724
MONEYS ARE ALLOCATED	AND CREDIT ENHANCEMENTS	11725
Year 1	0%	11726
Year 2	0%	11727
Year 3	3%	11728
Year 4	5%	11729
Year 5	5%	11730
Year 6	7%	11731
Year 7	7%	11732
Year 8	8%	11733
Year 9	8%	11734
Year 10	8%	11735

(G) For the period commencing on March 29, 1988 and ending on	11736
June 30, 1993, for the period commencing July 1, 1993, and ending	11737
June 30, 1999, and for each five-year period thereafter, the total	11738
amount of financial assistance awarded under sections 164.01 to	11739
164.08 of the Revised Code for capital improvement projects	11740
located wholly or partially within a county shall be equal to at	11741
least thirty per cent of the amount of what the county would have	11742
been allocated from the obligations authorized to be sold under	11743
this chapter during each period, if such amounts had been	11744
allocable to each county on a per capita basis.	11745

(H) The amount of the annual allocations made pursuant to	11746
divisions (B)(1) and (6) of section 164.08 of the Revised Code	11747
which can be used for new or expanded infrastructure is limited as	11748
follows:	11749

	PORTION WHICH MAY	11750
YEAR IN WHICH	BE USED FOR NEW OR	11751
MONEYS ARE ALLOCATED	EXPANSION INFRASTRUCTURE	11752
Year 1	5%	11753
Year 2	5%	11754
Year 3	10%	11755
Year 4	10%	11756
Year 5	10%	11757
Year 6	15%	11758
Year 7	15%	11759
Year 8	20%	11760
Year 9	20%	11761
Year 10 and each year		11762
thereafter	20%	11763

(I) The following portion of a ~~district public works~~local	11764
government integrating and innovation committee's annual	11765
allocation share pursuant to section 164.08 of the Revised Code	11766
shall be awarded to subdivisions in the form of interest-free,	11767
low-interest, market rate of interest, or blended-rate loans, or	11768
local debt support and credit enhancements:	11769

	PORTION USED FOR LOANS	11770
YEAR IN WHICH	OR LOCAL DEBT SUPPORT	11771
MONEYS ARE ALLOCATED	AND CREDIT ENHANCEMENTS	11772
Year 11 and each year		11773
thereafter	20%	11774

(J) No project shall be approved under this section unless	11775
the project is designed to have a useful life of at least seven	11776
years. In addition, the average useful life of all projects for	11777
which grants or loans are awarded in each district during a	11778
program year shall not be less than twenty years.	11779

Sec. 164.051. (A) The administrator of the Ohio small	11780
government capital improvements commission shall review projects	11781
submitted to ~~him~~the administrator by subcommittees of ~~district~~	11782
~~public works~~local government integrating and innovation	11783
committees in accordance with section 164.06 of the Revised Code.	11784
If hethe administrator determines that a project satisfies the	11785
criteria of division (B) of that section, while taking into	11786
consideration the special needs of villages and townships, the	11787
administrator shall recommend to the Ohio small government capital	11788
improvements commission that the project be approved. If hethe	11789
administrator determines that a project should not be approved or	11790
that a decision on the project should be delayed, such	11791
determinations and an explanation should also be sent to the Ohio	11792
small government capital improvements commission for final	11793
resolution.	11794

(B) With respect to projects which the Ohio small government	11795
capital improvements commission approves, the administrator is	11796
authorized to:	11797

(1) Enter into agreements to provide financial assistance in	11798
the form of loans, grants, or local debt support and credit	11799
enhancements to villages or townships with populations in the	11800
unincorporated areas of the township of less than five thousand;	11801

(2) Authorize payments to such villages or townships or their	11802
contractors for the costs incurred for capital improvement	11803
projects which have been approved in accordance with this chapter.	11804
All requests for payments shall be submitted to the administrator	11805
on forms and in accordance with procedures specified in rules	11806
adopted pursuant to division (A)(4) of section 164.05 of the	11807
Revised Code.	11808

(3) Notify the director of budget and management of all	11809
approved projects, and supply all information necessary to track	11810
the approved projects through the state accounting system.	11811

(4) Do all other acts and enter into contracts and execute	11812
all instruments necessary or appropriate to carry out this	11813
section.	11814

(C) Fees, charges, rates of interest, times of payment of	11815
interest and principal, and other terms, conditions, and	11816
provisions of and security for financial assistance provided	11817
pursuant to the provisions of this section shall be such as the	11818
administrator determines to be appropriate. If any payments	11819
required by a loan agreement entered into pursuant to this section	11820
are not paid, the funds which would otherwise be apportioned to	11821
the local subdivision from the county undivided local government	11822
fund, pursuant to sections 5747.51 to 5747.53 of the Revised Code,	11823
may, at the direction of the Ohio small government capital	11824
improvements commission, be reduced by the amount payable. The	11825
county treasurer shall, at the direction of the commission, pay	11826
the amount of such reductions to the state capital improvements	11827
revolving loan fund. Subject to the approval of the Ohio small	11828
government capital improvements commission, the administrator may	11829
renegotiate a loan repayment schedule with a local subdivision	11830
whose payments from the county undivided local government fund	11831
could be reduced pursuant to this division, but such a	11832
renegotiation may occur only one time with respect to any	11833
particular loan agreement.	11834

Sec. 164.06. (A) Each ~~district public works~~local government	11835
integrating and innovation committee shall evaluate materials	11836
submitted to it by the local subdivisions located in the district	11837
concerning capital improvements for which assistance is sought	11838
from the state capital improvements fund and shall, pursuant to	11839
division (B) of this section, select the requests for financial	11840
assistance that will be formally submitted by the district to the	11841
director of the Ohio public works commission. In order to provide	11842
for the efficient use of the district's state capital improvements	11843
fund allocation each year, a district committee shall assist its	11844
subdivisions in the preparation and coordination of project plans.	11845

(B) In selecting the requests for assistance for capital	11846
improvement projects which will be submitted to the director, and	11847
in determining the nature, amount, and terms of the assistance	11848
that will be requested, a ~~district public works~~local government	11849
integrating and innovation committee shall give priority to	11850
capital improvement projects for the repair or replacement of	11851
existing infrastructure and which would be unlikely to be	11852
undertaken without assistance under this chapter, and shall	11853
specifically consider all of the following factors:	11854

(1) The infrastructure repair and replacement needs of the	11855
district;	11856

(2) The age and condition of the system to be repaired or	11857
replaced;	11858

(3) Whether the project would generate revenue in the form of	11859
user fees or assessments;	11860

(4) The importance of the project to the health and safety of	11861
the citizens of the district;	11862

(5) The cost of the project and whether it is consistent with	11863
division (G) of section 164.05 of the Revised Code and the	11864
district's allocation for grants, loans, and local debt support	11865
and credit enhancements for that year;	11866

(6) The effort and ability of the benefited local	11867
subdivisions to assist in financing the project;	11868

(7) The availability of federal or other funds for the	11869
project;	11870

(8) The overall economic health of the particular local	11871
subdivision;	11872

(9) The adequacy of the planning for the project and the	11873
readiness of the applicant to proceed should the project be	11874
approved;	11875

(10) Any other factors relevant to a particular project.

11876

(C) Prior to filing an application with its ~~district public~~	11877
~~works~~local government integrating and innovation committee for	11878
assistance in financing a capital improvement project under this	11879
section, a local subdivision shall conduct a study of its existing	11880
capital improvements, the condition of those improvements, and the	11881
projected capital improvement needs of the subdivision in the	11882
ensuing five-year period. After completing this study, the	11883
subdivision shall compile a report that includes an inventory of	11884
its existing capital improvements, a plan detailing the capital	11885
improvement needs of the subdivision in the ensuing five-year	11886
period, and a list of the subdivision's priorities with respect to	11887
addressing those needs. Each year, the report shall be reviewed	11888
and updated by the subdivision to reflect capital improvement	11889
projects undertaken or completed in the past year and any changes	11890
in the subdivision's plan or priorities. The report and annual	11891
updates shall be made available upon request to the Ohio public	11892
works commission, the Ohio small government capital improvements	11893
commission, and the ~~district public works~~local government	11894
integrating and innovation committee of the district of which the	11895
subdivision is a part.	11896

(D) In addition to reviewing and selecting the projects for	11897
which approval will be sought from the director of the Ohio public	11898
works commission for financial assistance from the state capital	11899
improvements fund, each ~~district public works~~local government	11900
integrating and innovation committee shall appoint a subcommittee	11901
of its members that will represent the interests of villages and	11902
townships and that will review and select the capital improvement	11903
projects which will be submitted by the subcommittee to the	11904
administrator of the Ohio small government capital improvements	11905
commission for consideration of assistance from the portion of the	11906
net proceeds of obligations issued and sold by the treasurer of	11907
state which is allocated pursuant to division (B)(1) of section	11908
164.08 of the Revised Code. In reviewing and approving the	11909
projects selected by its subcommittee, the administrator, and the	11910
Ohio small government capital improvements commission shall be	11911
guided by the provisions of division (B) of this section, and	11912
shall also take into account the fact that villages and townships	11913
may have different public infrastructure needs than larger	11914
subdivisions.	11915

(E) The ~~district public works~~local government integrating	11916
and innovation committee for each district that includes at least	11917
one county with a population of less than eighty-five thousand	11918
according to the most recent decennial census shall appoint a	11919
subcommittee of its members for the purposes of the small counties	11920
capital improvement program created under division (F) of section	11921
164.02 of the Revised Code. The subcommittee shall select and	11922
submit to the director the projects that will be considered for	11923
assistance from the money allocated to the program under division	11924
(B)(4) of section 164.08 of the Revised Code.	11925

Sec. 164.08. (A) Except as provided in sections 151.01 and	11926
151.08 or section 164.09 of the Revised Code, the net proceeds of	11927
obligations issued and sold by the treasurer of state pursuant to	11928
section 164.09 of the Revised Code before September 30, 2000, or	11929
pursuant to sections 151.01 and 151.08 of the Revised Code, for	11930
the purpose of financing or assisting in the financing of the cost	11931
of public infrastructure capital improvement projects of local	11932
subdivisions, as provided for in Section 2k, 2m, or 2p of Article	11933
VIII, Ohio Constitution, and this chapter, shall be paid into the	11934
state capital improvements fund, which is hereby created in the	11935
state treasury. Investment earnings on moneys in the fund shall be	11936
credited to the fund.	11937

(B) Beginning July 1, 2011, each program year the amount of	11938
obligations authorized by the general assembly in accordance with	11939
sections 151.01 and 151.08 or section 164.09 of the Revised Code,	11940
excluding the proceeds of refunding or renewal obligations, shall	11941
be allocated by the director of the Ohio public works commission	11942
as follows:	11943

(1) First, fifteen million dollars of the amount of	11944
obligations authorized shall be allocated to provide financial	11945
assistance to villages and to townships with populations in the	11946
unincorporated areas of the township of less than five thousand	11947
persons, for capital improvements in accordance with section	11948
164.051 and division (D) of section 164.06 of the Revised Code. As	11949
used in division (B)(1) of this section, "capital improvements"	11950
includes resurfacing and improving roads.	11951

(2) Following the allocation required by division (B)(1) of	11952
this section, the director may allocate three million dollars of	11953
the authorized obligations to provide financial assistance to	11954
local subdivisions for capital improvement projects which in the	11955
judgment of the director of the Ohio public works commission are	11956
necessary for the immediate preservation of the health, safety,	11957
and welfare of the citizens of the local subdivision requesting	11958
assistance.	11959

(3) For the second, third, fourth, and fifth years that	11960
obligations are authorized and are available for allocation under	11961
this chapter, one million dollars shall be allocated to the sewer	11962
and water fund created in section 1525.11 of the Revised Code.	11963
Money from this allocation shall be transferred to that fund when	11964
needed to support specific payments from that fund.	11965

(4) For program years twelve and fourteen that obligations	11966
are authorized and available for allocation under this chapter,	11967
two million dollars each program year shall be allocated to the	11968
small county capital improvement program for use in providing	11969
financial assistance under division (F) of section 164.02 of the	11970
Revised Code.	11971

(5) After the allocation required by division (B)(3) of this	11972
section is made, the director shall determine the amount of the	11973
remaining obligations authorized to be issued and sold that each	11974
county would receive if such amounts were allocated on a per	11975
capita basis each year. If a county's per capita share for the	11976
year would be less than three hundred thousand dollars, the	11977
director shall allocate to the district in which that county is	11978
located an amount equal to the difference between three hundred	11979
thousand dollars and the county's per capita share.	11980

(6) After making the allocation required by division (B)(5)	11981
of this section, the director shall allocate the remaining amount	11982
to each district on a per capita basis.	11983

(C)(1) There is hereby created in the state treasury the	11984
state capital improvements revolving loan fund, into which shall	11985
be deposited all repayments of loans made to local subdivisions	11986
for capital improvements pursuant to this chapter. Investment	11987
earnings on moneys in the fund shall be credited to the fund.	11988

(2) There may also be deposited in the state capital	11989
improvements revolving loan fund moneys obtained from federal or	11990
private grants, or from other sources, which are to be used for	11991
any of the purposes authorized by this chapter. Such moneys shall	11992
be allocated each year in accordance with division (B)(6) of this	11993
section.	11994

(3) Moneys deposited into the state capital improvements	11995
revolving loan fund shall be used to make loans for the purpose of	11996
financing or assisting in the financing of the cost of capital	11997
improvement projects of local subdivisions.	11998

(4) Investment earnings credited to the state capital	11999
improvements revolving loan fund that exceed the amounts required	12000
to meet estimated federal arbitrage rebate requirements shall be	12001
used to pay costs incurred by the public works commission in	12002
administering this section. Investment earnings credited to the	12003
state capital improvements revolving loan fund that exceed the	12004
amounts required to pay for the administrative costs and estimated	12005
rebate requirements shall be allocated to each district on a per	12006
capita basis.	12007

(5) Each program year, loan repayments received and on	12008
deposit in the state capital improvements revolving loan fund	12009
shall be allocated as follows:	12010

(a) Each ~~district public works~~local government integrating	12011
and innovation committee shall be allocated an amount equal to the	12012
sum of all loan repayments made to the state capital improvements	12013
revolving loan fund by local subdivisions that are part of the	12014
district. Moneys not used in a program year may be used in the	12015
next program year in the same manner and for the same purpose as	12016
originally allocated.	12017

(b) Loan repayments made pursuant to projects approved under	12018
division (B)(1) of this section shall be used to make loans in	12019
accordance with section 164.051 and division (D) of section 164.06	12020
of the Revised Code. Allocations for this purpose made pursuant to	12021
division (C)(5) of this section shall be in addition to the	12022
allocation provided in division (B)(1) of this section.	12023

(c) Loan repayments made pursuant to projects approved under	12024
division (B)(2) of this section shall be used to make loans in	12025
accordance with division (B)(2) of this section. Allocations for	12026
this purpose made pursuant to division (C)(5) of this section	12027
shall be in addition to the allocation provided in division (B)(2)	12028
of this section.	12029

(d) Loans made from the state capital improvements revolving	12030
loan fund shall not be limited in their usage by divisions (E),	12031
(F), (G), (H), and (I) of section 164.05 of the Revised Code.	12032

(D) Investment earnings credited to the state capital	12033
improvements fund that exceed the amounts required to meet	12034
estimated federal arbitrage rebate requirements shall be used to	12035
pay costs incurred by the public works commission in administering	12036
sections 164.01 to 164.12 of the Revised Code.	12037

(E) The director of the Ohio public works commission shall	12038
notify the director of budget and management of the amounts	12039
allocated pursuant to this section and such information shall be	12040
entered into the state accounting system. The director of budget	12041
and management shall establish appropriation line items as needed	12042
to track these allocations.	12043

(F) If the amount of a district's allocation in a program	12044
year exceeds the amount of financial assistance approved for the	12045
district by the commission for that year, the remaining portion of	12046
the district's allocation shall be added to the district's	12047
allocation pursuant to division (B) of this section for the next	12048
succeeding year for use in the same manner and for the same	12049
purposes as it was originally allocated, except that any portion	12050
of a district's allocation which was available for use on new or	12051
expanded infrastructure pursuant to division (H) of section 164.05	12052
of the Revised Code shall be available in succeeding years only	12053
for the repair and replacement of existing infrastructure.	12054

(G) When an allocation based on population is made by the	12055
director pursuant to division (B) of this section, the director	12056
shall use the most recent decennial census statistics, and shall	12057
not make any reallocations based upon a change in a district's	12058
population.	12059

Sec. 164.14. (A) The local transportation improvement	12060
program fund is hereby created in the state treasury. The fund	12061
shall consist of moneys credited to it pursuant to sections 117.16	12062
and 5735.23 of the Revised Code, and, subject to the limitations	12063
of section 5735.05 of the Revised Code, shall be used to make	12064
grants to local subdivisions for projects that have been approved	12065
by ~~district public works~~local government integrating and	12066
innovation committees and the Ohio public works commission in	12067
accordance with this section. The fund shall be administered by	12068
the Ohio public works commission, and shall be allocated each	12069
fiscal year on a per capita basis to ~~district public works~~local	12070
government integrating and innovation committees in accordance	12071
with the most recent decennial census statistics. Money in the	12072
fund may be used to pay reasonable costs incurred by the	12073
commission in administering this section. Investment earnings on	12074
moneys credited to the fund shall be retained by the fund.	12075

(B) Grants awarded under this section may provide up to one	12076
hundred per cent of the estimated total cost of the project.	12077

(C) No grant shall be awarded for a project under this	12078
section unless the project is designed to have a useful life of at	12079
least seven years, except that the average useful life of all such	12080
projects for which grants are awarded in each district during a	12081
fiscal year shall be not less than twenty years.	12082

(D) For the period beginning on July 1, 1989, and ending on	12083
June 30, 1994, and for each succeeding five-year period, at least	12084
one-third of the total amount of money allocated to each district	12085
from the local transportation improvement program fund shall be	12086
awarded as follows:	12087

(1) Forty-two and eight-tenths per cent for projects of	12088
municipal corporations;	12089

(2) Thirty-seven and two-tenths per cent for projects of	12090
counties;	12091

(3) Twenty per cent for projects of townships, except that	12092
the requirement of division (D)(3) of this section shall not apply	12093
in districts where the combined population of the townships in the	12094
district is less than five per cent of the population of the	12095
district.	12096

(E) Each ~~district public works~~local government integrating	12097
and innovation committee shall review, and approve or disapprove	12098
requests submitted to it by local subdivisions for assistance from	12099
the local transportation improvement program fund. In reviewing	12100
projects submitted to it, a ~~district public works~~local government	12101
integrating and innovation committee shall consider the following	12102
factors:	12103

(1) Whether the project is of critical importance to the	12104
safety of the residents of the local subdivision;	12105

(2) Whether the project would alleviate serious traffic	12106
problems or hazards or would respond to needs caused by rapid	12107
growth and development;	12108

(3) Whether the project would assist the local subdivision in	12109
attaining the transportation infrastructure needed to pursue	12110
significant and specific economic development opportunities;	12111

(4) The availability of other sources of funding for the	12112
project;	12113

(5) The adequacy of the planning for the project and the	12114
readiness of the local subdivision to proceed should the project	12115
be approved;	12116

(6) The local subdivision's ability to pay for and history of	12117
investing in bridge and highway improvements;	12118

(7) The impact of the project on the multijurisdictional	12119
highway and bridge needs of the district;	12120

(8) The requirements of divisions (A), (B), (C), and (D) of	12121
this section;	12122

(9) The condition of the infrastructure system proposed for	12123
improvement;	12124

(10) Any other factors related to the safety, orderly growth,	12125
or economic development of the district or local subdivision that	12126
the ~~district public works~~local government integrating and	12127
innovation committee considers relevant.	12128

A ~~district public works~~local government integrating and	12129
innovation committee or its executive committee may appoint a	12130
subcommittee to assist it in carrying out its responsibilities	12131
under this section.	12132

(F) Every project approved by a ~~district public works~~local	12133
government integrating and innovation committee shall be submitted	12134
to the Ohio public works commission for its review and approval or	12135
disapproval. The commission shall not approve any project that	12136
fails to meet the requirements of this section.	12137

(G) Grants awarded from the local transportation improvement	12138
program fund shall not be limited in their usage by divisions (D),	12139
(E), (F), (G), (H), and (I) of section 164.05 of the Revised Code.	12140

(H) As used in this section, "local subdivision" means a	12141
county, municipal corporation, or township.	12142

(I) The director of the Ohio public works commission shall	12143
notify the director of budget and management of the amounts	12144
allocated pursuant to this section, and the allocation information	12145
shall be entered into the state accounting system. The director of	12146
budget and management shall establish appropriation line items as	12147
needed to track these allocations.	12148

Sec. 164.21. (A) Each ~~district public works~~local government	12149
integrating and innovation committee or, if applicable, the	12150
executive committee of the integrating and innovation committee	12151
shall appoint a natural resources assistance council consisting of	12152
eleven members. Of the eleven members, one shall be a member of	12153
the appointing integrating and innovation committee and one shall	12154
represent a soil and water conservation district that is located	12155
within the geographical jurisdiction of the appointing integrating	12156
and innovation committee. The nine other members of the council	12157
shall be appointed from the following categories of organizations,	12158
units of government, or agencies and shall include at least one	12159
member from each of those categories:	12160

(1) A county, municipal corporation, township, conservancy	12161
district, regional or joint district or unit of local government,	12162
or regional or joint political subdivision that is located within	12163
the geographical jurisdiction of the appointing integrating and	12164
innovation committee;	12165

(2) A conservation organization, an environmental advocacy	12166
organization, an organization with a primary interest in watershed	12167
protection and restoration, the department of natural resources,	12168
the environmental protection agency, or the United States natural	12169
resources conservation service;	12170

(3) A city park system or metropolitan park system or a board	12171
of park commissioners from a county that is located within the	12172
geographical jurisdiction of the appointing integrating and	12173
innovation committee, a statewide parks and recreation	12174
organization, or the United States national park service;	12175

(4) A statewide organization representing agriculture, an	12176
organization representing forestry interests, the department of	12177
agriculture, or the United States department of agriculture;	12178

(5) An organization representing business, local realtors, or	12179
a planning agency, including a port authority, located within the	12180
geographical jurisdiction of the appointing integrating and	12181
innovation committee.	12182

No organization, unit of government, or agency that is listed	12183
in divisions (A)(1) to (5) of this section shall be represented by	12184
more than one member on the council at any given time. The	12185
membership of a natural resources assistance council shall reflect	12186
the demographic and economic diversity of the population located	12187
within the geographical area represented by the council.	12188

A council shall be appointed by the appropriate integrating	12189
and innovation committee not later than ninety days after ~~the~~	12190
~~effective date of this section~~July 26, 2001. Of the initial	12191
members appointed to the council, four shall be appointed for one	12192
year, four shall be appointed for two years, and three shall be	12193
appointed for three years. Thereafter, terms of office for members	12194
of the council shall be for three years, with each term ending on	12195
the same day of the same month as did the term that it succeeds.	12196
Each member shall hold office from the date of appointment until	12197
the end of the term for which the member is appointed, except	12198
that, with respect to any member who is an elected or appointed	12199
official of a township, municipal corporation, or county, the term	12200
of office for that person on the council shall not extend beyond	12201
the member's term as an elected or appointed official.	12202

Members may be reappointed. Vacancies shall be filled in the	12203
same manner provided for original appointments. Any member	12204
appointed to fill a vacancy occurring prior to the expiration date	12205
of the term for which the member was appointed shall hold office	12206
for the remainder of that term. A member shall continue in office	12207
subsequent to the expiration date of the member's term until the	12208
member's successor takes office or until a period of sixty days	12209
has elapsed, whichever occurs first. Members may be removed by the	12210
~~district public works~~local government integrating and innovation	12211
committee for misfeasance, malfeasance, or nonfeasance in office.	12212

(B) A natural resources assistance council shall elect a	12213
chairperson, a vice-chairperson, and other officers that the	12214
council considers appropriate. A council may adopt bylaws	12215
governing its operation, including bylaws that establish the	12216
frequency of regular meetings and any necessary procedures. All	12217
meetings of a council are subject to section 121.22 of the Revised	12218
Code.	12219

(C) Serving as a member of a natural resources assistance	12220
council under this section does not constitute holding a public	12221
office or position of employment under the laws of this state and	12222
does not confer a right to compensation from any agency of this	12223
state. A member of a natural resources assistance council does not	12224
have an unlawful interest in a public contract under section	12225
2921.42 of the Revised Code solely by virtue of the receipt of	12226
financial assistance under sections 164.20 to 164.27 of the	12227
Revised Code by the local political subdivision of which the	12228
member is also a public official or appointee.	12229

(D) Sections 101.82 to 101.87 of the Revised Code do not	12230
apply to natural resources assistance councils.	12231

Sec. 164.30. (A) There is hereby created in the state	12232
treasury the local government integrating and innovation fund. The	12233
fund shall be composed of credits to the fund from revenue from	12234
the commercial activity tax under section 5751.20 of the Revised	12235
Code. The purpose of the fund is to provide grants to local	12236
subdivisions to implement and enhance the sharing of services.	12237

(B) Money in the fund shall be allocated among the local	12238
government integrating and innovation committees created under	12239
section 164.03 of the Revised Code beginning in fiscal year 2012.	12240
The amount allocated to each such committee each fiscal year shall	12241
be proportionate to the amount distributed in the most recently	12242
closed program year from the state capital improvements fund to	12243
local subdivisions within the district represented by that	12244
committee.	12245

(C) Local subdivisions in each district may apply to the	12246
district's local government integrating and innovation committee	12247
for grants from the local government integrating and innovation	12248
fund to assist with the payment of allowable expenses of	12249
implementing or enhancing service sharing among local	12250
subdivisions. For the purposes of this section, allowable expenses	12251
include costs of making the transition to shared services,	12252
establishing shared services, and paying for the initial	12253
operations of the shared services; allowable expenses does not	12254
include costs of ongoing operations of shared services. The	12255
applications shall describe, in the manner and as directed by the	12256
committee, the shared services, the projected cost savings of the	12257
shared services, and any other matters the committee requires.	12258

(D) Each local government integrating and innovation	12259
committee shall accept and review such applications and award	12260
grants to the applicants the committee determines to be proposing	12261
shared services resulting in the greatest cost efficiencies,	12262
subject to the following:	12263

(1) Not less than twenty per cent of the grant money	12264
available to each district shall be awarded to townships.	12265

(2) Up to thirty per cent of the grant money available to	12266
each district shall be awarded to local subdivisions determined to	12267
be in fiscal emergency under Chapter 118. of the Revised Code, the	12268
primary cause of the emergency being, in the opinion of the	12269
committee, reductions in revenue from federal, state, or local	12270
government sources since 2008.	12271

(3) Not more than two hundred fifty thousand dollars may be	12272
awarded to each applicant for each service-sharing proposal.	12273

Upon approval of a grant application, a committee shall	12274
forward the application and evidence of the committee's approval	12275
to the director of the Ohio public works commission, who shall	12276
review the materials and, if the director finds that the	12277
application was properly approved under the terms of this section,	12278
the director shall authorize the award of the grant to the local	12279
subdivision.	12280

(E) Not more than three per cent of the money credited to the	12281
local government integrating and innovation fund may be used by	12282
the director of the Ohio public works commission to defray the	12283
costs of the commission or of local government integrating and	12284
innovation committees in administering this section.	12285

Sec. 166.02. (A) The general assembly finds that many local	12286
areas throughout the state are experiencing economic stagnation or	12287
decline, and that the economic development programs provided for	12288
in this chapter will constitute deserved, necessary reinvestment	12289
by the state in those areas, materially contribute to their	12290
economic revitalization, and result in improving the economic	12291
welfare of all the people of the state. Accordingly, it is	12292
declared to be the public policy of the state, through the	12293
operations of this chapter and other applicable laws adopted	12294
pursuant to Section 2p or 13 of Article VIII, Ohio Constitution,	12295
and other authority vested in the general assembly, to assist in	12296
and facilitate the establishment or development of eligible	12297
projects or assist and cooperate with any governmental agency in	12298
achieving such purpose.	12299

(B) In furtherance of such public policy and to implement	12300
such purpose, the director of development may:	12301

(1) After consultation with appropriate governmental	12302
agencies, enter into agreements with persons engaged in industry,	12303
commerce, distribution, or research and with governmental agencies	12304
to induce such persons to acquire, construct, reconstruct,	12305
rehabilitate, renovate, enlarge, improve, equip, or furnish, or	12306
otherwise develop, eligible projects and make provision therein	12307
for project facilities and governmental actions, as authorized by	12308
this chapter and other applicable laws, subject to any required	12309
actions by the general assembly or the controlling board and	12310
subject to applicable local government laws and regulations;	12311

(2) Provide for the guarantees and loans as provided for in	12312
sections 166.06 and 166.07 of the Revised Code;	12313

(3) Subject to release of such moneys by the controlling	12314
board, contract for labor and materials needed for, or contract	12315
with others, including governmental agencies, to provide, project	12316
facilities the allowable costs of which are to be paid for or	12317
reimbursed from moneys in the facilities establishment fund, and	12318
contract for the operation of such project facilities;	12319

(4) Subject to release thereof by the controlling board, from	12320
moneys in the facilities establishment fund acquire or contract to	12321
acquire by gift, exchange, or purchase, including the obtaining	12322
and exercise of purchase options, property, and convey or	12323
otherwise dispose of, or provide for the conveyance or disposition	12324
of, property so acquired or contracted to be acquired by sale,	12325
exchange, lease, lease purchase, conditional or installment sale,	12326
transfer, or other disposition, including the grant of an option	12327
to purchase, to any governmental agency or to any other person	12328
without necessity for competitive bidding and upon such terms and	12329
conditions and manner of consideration pursuant to and as the	12330
director determines to be appropriate to satisfy the objectives of	12331
sections 166.01 to 166.11 of the Revised Code;	12332

(5) Retain the services of or employ financial consultants,	12333
appraisers, consulting engineers, superintendents, managers,	12334
construction and accounting experts, attorneys, and employees,	12335
agents, and independent contractors as are necessary in the	12336
director's judgment and fix the compensation for their services;	12337

(6) Receive and accept from any person grants, gifts, and	12338
contributions of money, property, labor, and other things of	12339
value, to be held, used and applied only for the purpose for which	12340
such grants, gifts, and contributions are made;	12341

(7) Enter into appropriate arrangements and agreements with	12342
any governmental agency for the taking or provision by that	12343
governmental agency of any governmental action;	12344

(8) Do all other acts and enter into contracts and execute	12345
all instruments necessary or appropriate to carry out the	12346
provisions of this chapter;	12347

(9) Adopt rules to implement any of the provisions of this	12348
chapter applicable to the director.	12349

(C) The determinations by the director that facilities	12350
constitute eligible projects, that facilities are project	12351
facilities, that costs of such facilities are allowable costs, and	12352
all other determinations relevant thereto or to an action taken or	12353
agreement entered into shall be conclusive for purposes of the	12354
validity and enforceability of rights of parties arising from	12355
actions taken and agreements entered into under this chapter.	12356

(D) Except as otherwise prescribed in this chapter, all	12357
expenses and obligations incurred by the director in carrying out	12358
the director's powers and in exercising the director's duties	12359
under this chapter, shall be payable solely from, as appropriate,	12360
moneys in the facilities establishment fund, the loan guarantee	12361
fund, the innovation Ohio loan guarantee fund, the innovation Ohio	12362
loan fund, the research and development loan fund, the logistics	12363
and distribution infrastructure fund, the logistics and	12364
distribution infrastructure taxable bond fund, or moneys	12365
appropriated for such purpose by the general assembly. This	12366
chapter does not authorize the director or the issuing authority	12367
under section 166.08 of the Revised Code to incur bonded	12368
indebtedness of the state or any political subdivision thereof, or	12369
to obligate or pledge moneys raised by taxation for the payment of	12370
any bonds or notes issued or guarantees made pursuant to this	12371
chapter.	12372

(E) ~~No financial assistance for project facilities shall be~~	12373
~~provided under this chapter unless the provisions of the agreement~~	12374
~~providing for such assistance specify that all wages paid to~~	12375
~~laborers and mechanics employed on such project facilities for~~	12376
~~which the assistance is granted shall be paid at the prevailing~~	12377
~~rates of wages of laborers and mechanics for the class of work~~	12378
~~called for by such project facilities, which wages shall be~~	12379
~~determined in accordance with the requirements of Chapter 4115. of~~	12380
~~the Revised Code for determination of prevailing wage rates,~~	12381
~~provided that the requirements of this division do not apply where~~	12382
~~the federal government or any of its agencies provides financing~~	12383
~~assistance as to all or any part of the funds used in connection~~	12384
~~with such project facilities and prescribes predetermined minimum~~	12385
~~wages to be paid to such laborers and mechanics; and provided~~	12386
~~further that should a nonpublic user beneficiary of the eligible~~	12387
~~project undertake, as part of the eligible project, construction~~	12388
~~to be performed by its regular bargaining unit employees who are~~	12389
~~covered under a collective bargaining agreement which was in~~	12390
~~existence prior to the date of the document authorizing such~~	12391
~~assistance then, in that event, the rate of pay provided under the~~	12392
~~collective bargaining agreement may be paid to such employees.~~	12393

~~(F)~~ Any governmental agency may enter into an agreement with	12394
the director, any other governmental agency, or a person to be	12395
assisted under this chapter, to take or provide for the purposes	12396
of this chapter any governmental action it is authorized to take	12397
or provide, and to undertake on behalf and at the request of the	12398
director any action which the director is authorized to undertake	12399
pursuant to divisions (B)(3), (4), and (5) of this section or	12400
divisions (B)(3), (4), and (5) of section 166.12 of the Revised	12401
Code. Governmental agencies of the state shall cooperate with and	12402
provide assistance to the director of development and the	12403
controlling board in the exercise of their respective functions	12404
under this chapter.	12405

Sec. 173.14. As used in sections 173.14 to 173.27 of the	12406
Revised Code:	12407

(A)(1) Except as otherwise provided in division (A)(2) of	12408
this section, "long-term care facility" includes any residential	12409
facility that provides personal care services for more than	12410
twenty-four hours for two or more unrelated adults, including all	12411
of the following:	12412

(a) A "nursing home," "residential care facility," or "home	12413
for the aging" as defined in section 3721.01 of the Revised Code;	12414

(b) A facility authorized to provide extended care services	12415
under Title XVIII of the "Social Security Act," 49 Stat. 620	12416
(1935), 42 U.S.C. 301, as amended, including a long-term acute	12417
care hospital that provides medical and rehabilitative care to	12418
patients who require an average length of stay greater than	12419
twenty-five days and is classified by the centers for medicare and	12420
medicaid services as a long-term care hospital pursuant to 42	12421
C.F.R. 412.23(e);	12422

(c) A county home or district home operated pursuant to	12423
Chapter 5155. of the Revised Code;	12424

(d) An "adult care facility" as defined in section ~~3722.01~~	12425
5119.70 of the Revised Code;	12426

(e) A facility approved by the veterans administration under	12427
section 104(a) of the "Veterans Health Care Amendments of 1983,"	12428
97 Stat. 993, 38 U.S.C. 630, as amended, and used exclusively for	12429
the placement and care of veterans;	12430

(f) An adult foster home certified under section ~~173.36~~	12431
5119.692 of the Revised Code.	12432

(2) "Long-term care facility" does not include a "residential	12433
facility" as defined in section 5119.22 of the Revised Code or a	12434
"residential facility" as defined in section 5123.19 of the	12435
Revised Code.	12436

(B) "Resident" means a resident of a long-term care facility	12437
and, where appropriate, includes a prospective, previous, or	12438
deceased resident of a long-term care facility.	12439

(C) "Community-based long-term care services" means health	12440
and social services provided to persons in their own homes or in	12441
community care settings, and includes any of the following:	12442

(1) Case management;

12443

(2) Home health care;

12444

(3) Homemaker services;

12445

(4) Chore services;

12446

(5) Respite care;

12447

(6) Adult day care;

12448

(7) Home-delivered meals;

12449

(8) Personal care;

12450

(9) Physical, occupational, and speech therapy;

12451

(10) Transportation;

12452

(11) Any other health and social services provided to persons	12453
that allow them to retain their independence in their own homes or	12454
in community care settings.	12455

(D) "Recipient" means a recipient of community-based	12456
long-term care services and, where appropriate, includes a	12457
prospective, previous, or deceased recipient of community-based	12458
long-term care services.	12459

(E) "Sponsor" means an adult relative, friend, or guardian	12460
who has an interest in or responsibility for the welfare of a	12461
resident or a recipient.	12462

(F) "Personal care services" has the same meaning as in	12463
section 3721.01 of the Revised Code.	12464

(G) "Regional long-term care ombudsperson program" means an	12465
entity, either public or private and nonprofit, designated as a	12466
regional long-term care ombudsperson program by the state	12467
long-term care ombudsperson.	12468

(H) "Representative of the office of the state long-term care	12469
ombudsperson program" means the state long-term care ombudsperson	12470
or a member of the ombudsperson's staff, or a person certified as	12471
a representative of the office under section 173.21 of the Revised	12472
Code.	12473

(I) "Area agency on aging" means an area agency on aging	12474
established under the "Older Americans Act of 1965," 79 Stat. 219,	12475
42 U.S.C.A. 3001, as amended.	12476

Sec. 173.21. (A) The office of the state long-term care	12477
~~ombudsman~~ombudsperson program, through the state long-term care	12478
~~ombudsman~~ombudsperson and the regional long-term care ~~ombudsman~~	12479
ombudsperson programs, shall require each representative of the	12480
office to complete a training and certification program in	12481
accordance with this section and to meet the continuing education	12482
requirements established under this section.	12483

(B) The department of aging shall adopt rules under Chapter	12484
119. of the Revised Code specifying the content of training	12485
programs for representatives of the office of the state long-term	12486
care ~~ombudsman~~ombudsperson program. Training for representatives	12487
other than those who are volunteers providing services through	12488
regional long-term care ~~ombudsman~~ombudsperson programs shall	12489
include instruction regarding federal, state, and local laws,	12490
rules, and policies on long-term care facilities and	12491
community-based long-term care services; investigative techniques;	12492
and other topics considered relevant by the department and shall	12493
consist of the following:	12494

(1) A minimum of forty clock hours of basic instruction,	12495
which shall be completed before the trainee is permitted to handle	12496
complaints without the supervision of a representative of the	12497
office certified under this section;	12498

(2) An additional sixty clock hours of instruction, which	12499
shall be completed within the first fifteen months of employment;	12500

(3) An internship of twenty clock hours, which shall be	12501
completed within the first twenty-four months of employment,	12502
including instruction in, and observation of, basic nursing care	12503
and long-term care provider operations and procedures. The	12504
internship shall be performed at a site that has been approved as	12505
an internship site by the state long-term care ~~ombudsman~~	12506
ombudsperson.	12507

(4) One of the following, which shall be completed within the	12508
first twenty-four months of employment:	12509

(a) Observation of a survey conducted by the director of	12510
health to certify a facility to receive funds under sections	12511
5111.20 to 5111.32 of the Revised Code;	12512

(b) Observation of an inspection conducted by the director of	12513
mental health to license an adult care facility under section	12514
~~3722.04~~5119.73 of the Revised Code.	12515

(5) Any other training considered appropriate by the	12516
department.	12517

(C) Persons who for a period of at least six months prior to	12518
June 11, 1990, served as ombudsmen through the long-term care	12519
~~ombudsman~~ombudsperson program established by the department of	12520
aging under division (M) of section 173.01 of the Revised Code	12521
shall not be required to complete a training program. These	12522
persons and persons who complete a training program shall take an	12523
examination administered by the department of aging. On attainment	12524
of a passing score, the person shall be certified by the	12525
department as a representative of the office. The department shall	12526
issue the person an identification card, which the representative	12527
shall show at the request of any person with whom hethe	12528
representative deals while performing ~~his~~the representative's	12529
duties and which he shall ~~surrender~~be surrendered at the time he	12530
the representative separates from the office.	12531

(D) The state ~~ombudsman~~ombudsperson and each regional	12532
program shall conduct training programs for volunteers on their	12533
respective staffs in accordance with the rules of the department	12534
of aging adopted under division (B) of this section. Training	12535
programs may be conducted that train volunteers to complete some,	12536
but not all, of the duties of a representative of the office. Each	12537
regional office shall bear the cost of training its	12538
representatives who are volunteers. On completion of a training	12539
program, the representative shall take an examination administered	12540
by the department of aging. On attainment of a passing score, hea	12541
volunteer shall be certified by the department as a representative	12542
authorized to perform services specified in the certification. The	12543
department shall issue an identification card, which the	12544
representative shall show at the request of any person with whom	12545
hethe representative deals while performing ~~his~~the	12546
representative's duties and which he shall ~~surrender~~be	12547
surrendered at the time hethe representative separates from the	12548
office. Except as a supervised part of a training program, no	12549
volunteer shall perform any duty unless he is certified as a	12550
representative having received appropriate training for that duty.	12551

(E) The state ~~ombudsman~~ombudsperson shall provide technical	12552
assistance to regional programs conducting training programs for	12553
volunteers and shall monitor the training programs.	12554

(F) Prior to scheduling an observation of a certification	12555
survey or licensing inspection for purposes of division (B)(4) of	12556
this section, the state ~~ombudsman~~ombudsperson shall obtain	12557
permission to have the survey or inspection observed from both the	12558
director of health and the long-term care facility at which the	12559
survey or inspection is to take place.	12560

(G) The department of aging shall establish continuing	12561
education requirements for representatives of the office.	12562

Sec. 173.26. (A) Each of the following facilities shall	12563
annually pay to the department of aging six dollars for each bed	12564
maintained by the facility for use by a resident during any part	12565
of the previous year:	12566

(1) Nursing homes, residential care facilities, and homes for	12567
the aging as defined in section 3721.01 of the Revised Code;	12568

(2) Facilities authorized to provide extended care services	12569
under Title XVIII of the "Social Security Act," 49 Stat. 620	12570
(1935), 42 U.S.C. 301, as amended, including a long-term acute	12571
care hospital that provides medical and rehabilitative care to	12572
patients who require an average length of stay greater than	12573
twenty-five days and is classified by the centers for medicare and	12574
medicaid services as a long-term care hospital pursuant to 42	12575
C.F.R. 412.23(e);	12576

(3) County homes and district homes operated pursuant to	12577
Chapter 5155. of the Revised Code;	12578

(4) Adult care facilities as defined in section ~~3722.01~~	12579
5119.70 of the Revised Code;	12580

(5) Facilities approved by the Veterans Administration under	12581
Section 104(a) of the "Veterans Health Care Amendments of 1983,"	12582
97 Stat. 993, 38 U.S.C. 630, as amended, and used exclusively for	12583
the placement and care of veterans.	12584

The department shall, by rule adopted in accordance with	12585
Chapter 119. of the Revised Code, establish deadlines for payments	12586
required by this section. A facility that fails, within ninety	12587
days after the established deadline, to pay a payment required by	12588
this section shall be assessed at two times the original invoiced	12589
payment.	12590

(B) All money collected under this section shall be deposited	12591
in the state treasury to the credit of the office of the state	12592
long-term care ombudsperson program fund, which is hereby created.	12593
Money credited to the fund shall be used solely to pay the costs	12594
of operating the regional long-term care ombudsperson programs.	12595

(C) The state long-term care ombudsperson and the regional	12596
programs may solicit and receive contributions to support the	12597
operation of the office or a regional program, except that no	12598
contribution shall be solicited or accepted that would interfere	12599
with the independence or objectivity of the office or program.	12600

Sec. 173.391. (A) The department of aging or its designee	12601
shall do all of the following in accordance with Chapter 119. of	12602
the Revised Code:	12603

(1) Certify a person or government entity to provide	12604
community-based long-term care services under a program the	12605
department administers if the person or government entity	12606
satisfies the requirements for certification established by rules	12607
adopted under division (B) of this section and pays the fee, if	12608
any, established by rules adopted under division (G) of this	12609
section;	12610

(2) When required to do so by rules adopted under division	12611
(B) of this section, take one or more of the following	12612
disciplinary actions against a person or government entity ~~issued~~	12613
~~a certificate~~certified under division (A)(1) of this section:	12614

(a) Issue a written warning;

12615

(b) Require the submission of a plan of correction or	12616
evidence of compliance with requirements identified by the	12617
department;	12618

12619

(d) Remove clients;

12620

(e) Impose a fiscal sanction such as a civil monetary penalty	12621
or an order that unearned funds be repaid;	12622

(f) Suspend the certification;

12623

(g) Revoke the ~~certificate~~certification;

12624

~~(g)~~(h) Impose another sanction.

12625

(3) ~~Hold~~Except as provided in division (E) of this section,	12626
hold hearings when there is a dispute between the department or	12627
its designee and a person or government entity concerning actions	12628
the department or its designee takes ~~or does not take~~regarding a	12629
decision not to certify the person or government entity under	12630
division (A)(1) of this section or a disciplinary action under	12631
division (A)~~(1) or~~ (2)~~(c)~~(e) to ~~(g)~~(h) of this section.	12632

(B) The director of aging shall adopt rules in accordance	12633
with Chapter 119. of the Revised Code establishing certification	12634
requirements and standards for determining which type of	12635
disciplinary action to take under division (A)(2) of this section	12636
in individual situations. The rules shall establish procedures for	12637
all of the following:	12638

(1) Ensuring that community-based long-term care agencies	12639
comply with section 173.394 of the Revised Code;	12640

(2) Evaluating the services provided by the agencies to	12641
ensure that ~~they~~the services are provided in a quality manner	12642
advantageous to the individual receiving the services;	12643

(3) Determining when to take disciplinary action under	12644
division (A)(2) of this section and which disciplinary action to	12645
take;	12646

(4) Determining what constitutes another sanction for	12647
purposes of division (A)(2)(h) of this section.	12648

(C) The procedures established in rules adopted under	12649
division (B)(2) of this section shall require that all of the	12650
following be considered as part of an evaluation described in	12651
division (B)(2) of this section:	12652

(1) The ~~service provider's~~community-based long-term care	12653
agency's experience and financial responsibility;	12654

(2) The ~~service provider's~~agency's ability to comply with	12655
standards for the community-based long-term care services that the	12656
~~provider~~agency provides under a program the department	12657
administers;	12658

(3) The ~~service provider's~~agency's ability to meet the needs	12659
of the individuals served;	12660

(4) Any other factor the director considers relevant.

12661

(D) The rules adopted under division (B)(3) of this section	12662
shall specify that the reasons disciplinary action may be taken	12663
under division (A)(2) of this section include good cause,	12664
including misfeasance, malfeasance, nonfeasance, confirmed abuse	12665
or neglect, financial irresponsibility, or other conduct the	12666
director determines is injurious, or poses a threat, to the health	12667
or safety of individuals being served.	12668

(E) Subject to division (F) of this section, the department	12669
is not required to hold hearings under division (A)(3) of this	12670
section if any of the following conditions apply:	12671

(1) Rules adopted by the director of aging pursuant to this	12672
chapter require the community-based long-term care agency to be a	12673
party to a provider agreement; hold a license, certificate, or	12674
permit; or maintain a certification, any of which is required or	12675
issued by a state or federal government entity other than the	12676
department of aging, and either of the following is the case:	12677

(a) The provider agreement has not been entered into or the	12678
license, certificate, permit, or certification has not been	12679
obtained or maintained.	12680

(b) The provider agreement, license, certificate, permit, or	12681
certification has been denied, revoked, not renewed, or suspended	12682
or has been otherwise restricted.	12683

(2) The agency's certification under this section has been	12684
denied, suspended, or revoked for any of the following reasons:	12685

(a) A government entity of this state, other than the	12686
department of aging, has terminated or refused to renew any of the	12687
following held by, or has denied any of the following sought by, a	12688
community-based long-term care agency: a provider agreement,	12689
license, certificate, permit, or certification. Division (E)(2)(a)	12690
of this section applies regardless of whether the agency has	12691
entered into a provider agreement in, or holds a license,	12692
certificate, permit, or certification issued by, another state.	12693

(b) The agency or a principal owner or manager of the agency	12694
who provides direct care has entered a guilty plea for, or has	12695
been convicted of, an offense materially related to the medicaid	12696
program.	12697

(c) The agency or a principal owner or manager of the agency	12698
who provides direct care has entered a guilty plea for, or been	12699
convicted of, an offense listed in division (C)(1)(a) of section	12700
173.394 of the Revised Code, but only if none of the personal	12701
character standards established by the department in rules adopted	12702
under division (F) of section 173.394 of the Revised Code apply.	12703

(d) The United States department of health and human services	12704
has taken adverse action against the agency and that action	12705
impacts the agency's participation in the medicaid program.	12706

(e) The agency has failed to enter into or renew a provider	12707
agreement with the PASSPORT administrative agency, as that term is	12708
defined in section 173.42 of the Revised Code, that administers	12709
programs on behalf of the department of aging in the region of the	12710
state in which the agency is certified to provide services.	12711

(f) The agency has not billed or otherwise submitted a claim	12712
to the department for payment under the medicaid program in at	12713
least two years.	12714

(g) The agency denied or failed to provide the department or	12715
its designee access to the agency's facilities during the agency's	12716
normal business hours for purposes of conducting an audit or	12717
structural compliance review.	12718

(h) The agency has ceased doing business.

12719

(i) The agency has voluntarily relinquished its certification	12720
for any reason.	12721

(3) The agency's provider agreement with the department of	12722
job and family services has been suspended under division (C) of	12723
section 5111.031 of the Revised Code.	12724

(4) The agency's provider agreement with the department of	12725
job and family services is denied or revoked because the agency or	12726
its owner, officer, authorized agent, associate, manager, or	12727
employee has been convicted of an offense that caused the provider	12728
agreement to be suspended under section 5111.031 of the Revised	12729
Code.	12730

(F) If the department does not hold hearings when any	12731
condition described in division (E) of this section applies, the	12732
department may send a notice to the agency describing a decision	12733
not to certify the agency under division (A)(1) of this section or	12734
the disciplinary action the department proposes to take under	12735
division (A)(2)(e) to (h) of this section. The notice shall be	12736
sent to the agency's address that is on record with the department	12737
and may be sent by regular mail.	12738

(G) The director of aging may adopt rules in accordance with	12739
Chapter 119. of the Revised Code establishing a fee to be charged	12740
by the department of aging or its designee for certification	12741
issued under this section.	12742

All fees collected by the department or its designee under	12743
this section shall be deposited in the state treasury to the	12744
credit of the provider certification fund, which is hereby	12745
created. Money credited to the fund shall be used to pay for	12746
community-based long-term care services, administrative costs	12747
associated with community-based long-term care agency	12748
certification under this section, and administrative costs related	12749
to the publication of the Ohio long-term care consumer guide.	12750

Sec. 173.40. (A) As used in sections 173.40 to 173.402 of	12751
the Revised Code~~, "PASSPORT~~:	12752

"Medicaid waiver component" has the same meaning as in	12753
section 5111.85 of the Revised Code.	12754

"PASSPORT program" means the program created under this	12755
section.	12756

"PASSPORT waiver" means the federal medicaid waiver granted	12757
by the United States secretary of health and human services that	12758
authorizes the medicaid-funded component of the PASSPORT program.	12759

"Unified long-term services and support medicaid waiver	12760
component" means the medicaid waiver component authorized by	12761
section 5111.863 of the Revised Code.	12762

(B) There is hereby created the preadmission screening system	12763
providing options and resources today program, or PASSPORT. The	12764
PASSPORT program shall provide home and community-based services	12765
as an alternative to nursing facility placement for individuals	12766
who are aged and disabled ~~medicaid recipients~~and meet the	12767
program's applicable eligibility requirements. ~~The~~Subject to	12768
division (C) of this section, the program shall have a	12769
medicaid-funded component and a state-funded component.	12770

(C)(1) Unless the medicaid-funded component of the PASSPORT	12771
program is terminated under division (C)(2) of this section, all	12772
of the following apply:	12773

(a) The department of aging shall administer the	12774
medicaid-funded component through a contract entered into with the	12775
department of job and family services under section 5111.91 of the	12776
Revised Code.	12777

(b) The medicaid-funded component shall be operated as a	12778
separate medicaid waiver component~~, as defined in section 5111.85~~	12779
~~of the Revised Code, until the United States secretary of health~~	12780
~~and human services approves the consolidated federal medicaid~~	12781
~~waiver sought under section 5111.861 of the Revised Code~~. ~~The~~	12782
~~program shall be part of the consolidated federal medicaid waiver~~	12783
~~sought under that section if the United States secretary approves~~	12784
~~the waiver. The department of aging shall administer the program~~	12785
~~through a contract entered into with the department of job and~~	12786
~~family services under section 5111.91 of the Revised Code. The~~	12787

(c) For an individual to be eligible for the medicaid-funded	12788
component, the individual must be a medicaid recipient and meet	12789
the additional eligibility requirements applicable to the	12790
individual established in rules adopted under division (C)(1)(d)	12791
of this section.	12792

(d) The director of job and family services shall adopt rules	12793
under section 5111.85 of the Revised Code and the director of	12794
aging shall adopt rules in accordance with Chapter 119. of the	12795
Revised Code to implement the ~~program~~medicaid-funded component.	12796

(2) If the unified long-term services and support medicaid	12797
waiver component is created, the departments of aging and job and	12798
family services shall work together to determine whether the	12799
medicaid-funded component of the PASSPORT program should continue	12800
to operate as a separate medicaid waiver component or be	12801
terminated. If the departments determine that the medicaid-funded	12802
component of the PASSPORT program should be terminated, the	12803
medicaid-funded component shall cease to exist on a date the	12804
departments shall specify.	12805

(D)(1) The department of aging shall administer the	12806
state-funded component of the PASSPORT program. The state-funded	12807
component shall not be administered as part of the medicaid	12808
program.	12809

(2) For an individual to be eligible for the state-funded	12810
component, the individual must meet one of the following	12811
requirements and meet the additional eligibility requirements	12812
applicable to the individual established in rules adopted under	12813
division (D)(4) of this section:	12814

(a) The individual must have been enrolled in the	12815
state-funded component on September 1, 1991, (as the state-funded	12816
component was authorized by uncodified law in effect at that time)	12817
and have had one or more applications for enrollment in the	12818
medicaid-funded component (or, if the medicaid-funded component is	12819
terminated under division (C)(2) of this section, the unified	12820
long-term services and support medicaid waiver component) denied.	12821

(b) The individual must have had the individual's enrollment	12822
in the medicaid-funded component (or, if the medicaid-funded	12823
component is terminated under division (C)(2) of this section, the	12824
unified long-term services and support medicaid waiver component)	12825
terminated and the individual must still need the home and	12826
community-based services provided under the PASSPORT program to	12827
protect the individual's health and safety.	12828

(c) The individual must have an application for the	12829
medicaid-funded component (or, if the medicaid-funded component is	12830
terminated under division (C)(2) of this section, the unified	12831
long-term services and support medicaid waiver component) pending	12832
and the department or the department's designee must have	12833
determined that the individual meets the nonfinancial eligibility	12834
requirements of the medicaid-funded component (or, if the	12835
medicaid-funded component is terminated under division (C)(2) of	12836
this section, the unified long-term services and support medicaid	12837
waiver component) and not have reason to doubt that the individual	12838
meets the financial eligibility requirements of the	12839
medicaid-funded component (or, if the medicaid-funded component is	12840
terminated under division (C)(2) of this section, the unified	12841
long-term services and support medicaid waiver component).	12842

(3) An individual who is eligible for the state-funded	12843
component because the individual meets the requirement of division	12844
(D)(2)(c) of this section may participate in the component for not	12845
more than three months.	12846

(4) The director of aging shall adopt rules in accordance	12847
with section 111.15 of the Revised Code to implement the	12848
state-funded component. The additional eligibility requirements	12849
established in the rules may vary for the different groups of	12850
individuals specified in divisions (D)(2)(a), (b), and (c) of this	12851
section.	12852

Sec. 173.401. (A) As used in this section:

12853

"Area agency on aging" has the same meaning as in section	12854
173.14 of the Revised Code.	12855

"Long-term care consultation program" means the program the	12856
department of aging is required to develop under section 173.42 of	12857
the Revised Code.	12858

"Long-term care consultation program administrator" or	12859
"administrator" means the department of aging or, if the	12860
department contracts with an area agency on aging or other entity	12861
to administer the long-term care consultation program for a	12862
particular area, that agency or entity.	12863

"Nursing facility" has the same meaning as in section 5111.20	12864
of the Revised Code.	12865

~~"PASSPORT waiver" means the federal medicaid waiver granted~~	12866
~~by the United States secretary of health and human services that~~	12867
~~authorizes the PASSPORT program.~~	12868

(B) ~~The~~Subject to division (C)(2) of section 173.40 of the	12869
Revised Code, the department shall establish a home first	12870
component of the PASSPORT program under which eligible individuals	12871
may be enrolled in the medicaid-funded component of the PASSPORT	12872
program in accordance with this section. An individual is eligible	12873
for the PASSPORT program's home first component if ~~all~~both of the	12874
following apply:	12875

(1) The individual ishas been determined to be eligible for	12876
the medicaid-funded component of the PASSPORT program.	12877

(2) ~~The individual is on the unified waiting list established~~	12878
~~under section 173.404 of the Revised Code.~~	12879

~~(3)~~ At least one of the following applies:

12880

(a) The individual has been admitted to a nursing facility.

12881

(b) A physician has determined and documented in writing that	12882
the individual has a medical condition that, unless the individual	12883
is enrolled in home and community-based services such as the	12884
PASSPORT program, will require the individual to be admitted to a	12885
nursing facility within thirty days of the physician's	12886
determination.	12887

(c) The individual has been hospitalized and a physician has	12888
determined and documented in writing that, unless the individual	12889
is enrolled in home and community-based services such as the	12890
PASSPORT program, the individual is to be transported directly	12891
from the hospital to a nursing facility and admitted.	12892

(d) Both of the following apply:

12893

(i) The individual is the subject of a report made under	12894
section 5101.61 of the Revised Code regarding abuse, neglect, or	12895
exploitation or such a report referred to a county department of	12896
job and family services under section 5126.31 of the Revised Code	12897
or has made a request to a county department for protective	12898
services as defined in section 5101.60 of the Revised Code.	12899

(ii) A county department of job and family services and an	12900
area agency on aging have jointly documented in writing that,	12901
unless the individual is enrolled in home and community-based	12902
services such as the PASSPORT program, the individual should be	12903
admitted to a nursing facility.	12904

(C) Each month, each area agency on aging shall identify	12905
individuals residing in the area that the agency serves who are	12906
eligible for the home first component of the PASSPORT program.	12907
When an area agency on aging identifies such an individual, the	12908
agency shall notify the long-term care consultation program	12909
administrator serving the area in which the individual resides.	12910
The administrator shall determine whether the PASSPORT program is	12911
appropriate for the individual and whether the individual would	12912
rather participate in the PASSPORT program than continue or begin	12913
to reside in a nursing facility. If the administrator determines	12914
that the PASSPORT program is appropriate for the individual and	12915
the individual would rather participate in the PASSPORT program	12916
than continue or begin to reside in a nursing facility, the	12917
administrator shall so notify the department of aging. On receipt	12918
of the notice from the administrator, the department shall approve	12919
the individual's enrollment in the medicaid-funded component of	12920
the PASSPORT program regardless of the unified waiting list	12921
established under section 173.404 of the Revised Code, unless the	12922
enrollment would cause the ~~PASSPORT program~~component to exceed	12923
any limit on the number of individuals who may be enrolled in the	12924
~~program~~component as set by the United States secretary of health	12925
and human services in the PASSPORT waiver.	12926

~~(D) Each quarter, the department of aging shall certify to~~	12927
~~the director of budget and management the estimated increase in~~	12928
~~costs of the PASSPORT program resulting from enrollment of~~	12929
~~individuals in the PASSPORT program pursuant to this section.~~	12930

Sec. 173.403. ~~"Choices~~(A) As used in this section:

12931

"Choices program" means the program created under this	12932
section.	12933

~~There~~"Medicaid waiver component" has the same meaning as in	12934
section 5111.85 of the Revised Code.	12935

"Unified long-term services and support medicaid waiver	12936
component" means the medicaid waiver component authorized by	12937
section 5111.863 of the Revised Code.	12938

(B) Subject to division (C) of this section, there is hereby	12939
created the choices program. The program shall provide home and	12940
community-based services. ~~The choices program shall be operated as~~	12941
~~a separate medicaid waiver component, as defined in section~~	12942
~~5111.85 of the Revised Code, until the United States secretary of~~	12943
~~health and human services approves the consolidated federal~~	12944
~~medicaid waiver sought under section 5111.861 of the Revised Code.~~	12945
~~The program shall be part of the consolidated federal medicaid~~	12946
~~waiver sought under that section if the United States secretary~~	12947
~~approves the waiver.~~ The department of aging shall administer the	12948
program through a contract entered into with the department of job	12949
and family services under section 5111.91 of the Revised Code.	12950
Subject to federal approval, the program shall be available	12951
statewide.	12952

(C) If the unified long-term services and support medicaid	12953
waiver component is created, the departments of aging and job and	12954
family services shall work together to determine whether the	12955
choices program should continue to operate as a separate medicaid	12956
waiver component or be terminated. If the departments determine	12957
that the choices program should be terminated, the program shall	12958
cease to exist on a date the departments shall specify.	12959

Sec. 173.404. (A) As used in this section:

12960

(1) "Department of aging-administered medicaid waiver	12961
component" means each of the following:	12962

(a) The medicaid-funded component of the PASSPORT program	12963
created under section 173.40 of the Revised Code;	12964

(b) The choices program created under section 173.403 of the	12965
Revised Code;	12966

(c) The medicaid-funded component of the assisted living	12967
program created under section 5111.89 of the Revised Code.	12968

(2) "PACE program" means the component of the medicaid	12969
program the department of aging administers pursuant to section	12970
173.50 of the Revised Code.	12971

(B) ~~The~~If the department of aging determines that there are	12972
insufficient funds to enroll all individuals who have applied and	12973
been determined eligible for department of aging-administered	12974
medicaid waiver components and the PACE program, the department of	12975
~~aging~~ shall establish a unified waiting list for ~~department of~~	12976
~~aging-administered medicaid waiver~~the components and ~~the PACE~~	12977
program. Only individuals eligible for a department of	12978
aging-administered medicaid waiver component or the PACE program	12979
may be placed on the unified waiting list. An individual who may	12980
be enrolled in a department of aging-administered medicaid waiver	12981
component or the PACE program through a home first component	12982
established under section 173.401, 173.501, or 5111.894 of the	12983
Revised Code may be so enrolled without being placed on the	12984
unified waiting list.	12985

Sec. 173.41. (A) The department of aging shall promote the	12986
development of a statewide aging and disabilities resource network	12987
through which older adults, adults with disabilities, and their	12988
caregivers are provided with both of the following:	12989

(1) Information on any long-term care service options	12990
available to the individuals;	12991

(2) Streamlined access to long-term care services, both	12992
publicly funded services and services available through private	12993
payment.	12994

(B) Area agencies on aging shall establish the network	12995
throughout the state. In doing so, the agencies shall collaborate	12996
with centers for independent living and other locally funded	12997
organizations to establish a cost-effective and consumer-friendly	12998
network that builds on existing, local infrastructures of services	12999
that support consumers in their communities.	13000

Sec. 173.42. (A) As used in sections 173.42 to 173.434 of	13001
the Revised Code:	13002

(1) "Area agency on aging" means a public or private	13003
nonprofit entity designated under section 173.011 of the Revised	13004
Code to administer programs on behalf of the department of aging.	13005

(2) "Department of aging-administered medicaid waiver	13006
component" means each of the following:	13007

(a) The medicaid-funded component of the PASSPORT program	13008
created under section 173.40 of the Revised Code;	13009

(b) The choices program created under section 173.403 of the	13010
Revised Code;	13011

(c) The medicaid-funded component of the assisted living	13012
program created under section 5111.89 of the Revised Code;	13013

(d) Any other medicaid waiver component, as defined in	13014
section 5111.85 of the Revised Code, that the department of aging	13015
administers pursuant to an interagency agreement with the	13016
department of job and family services under section 5111.91 of the	13017
Revised Code.	13018

(3) "Home and community-based services covered by medicaid	13019
components the department of aging administers" means all of the	13020
following:	13021

(a) Medicaid waiver services available to a participant in a	13022
department of aging-administered medicaid waiver component;	13023

(b) The following medicaid state plan services available to a	13024
participant in a department of aging-administered medicaid waiver	13025
component as specified in rules adopted under section 5111.02 of	13026
the Revised Code:	13027

(i) Home health services;

13028

(ii) Private duty nursing services;

13029

(iii) Durable medical equipment;

13030

(iv) Services of a clinical nurse specialist;

13031

(v) Services of a certified nurse practitioner.

13032

13033

(4) "Long-term care consultation" or "consultation" means the	13034
consultation service made available by the department of aging or	13035
a program administrator through the long-term care consultation	13036
program established pursuant to this section.	13037

(5) "Medicaid" means the medical assistance program	13038
established under Chapter 5111. of the Revised Code.	13039

(6) "Nursing facility" has the same meaning as in section	13040
5111.20 of the Revised Code.	13041

(7) "PACE program" means the component of the medicaid	13042
program the department of aging administers pursuant to section	13043
173.50 of the Revised Code.	13044

(8) "PASSPORT administrative agency" means an entity under	13045
contract with the department of aging to provide administrative	13046
services regarding the PASSPORT program.	13047

(9) "Program administrator" means an area agency on aging or	13048
other entity under contract with the department of aging to	13049
administer the long-term care consultation program in a geographic	13050
region specified in the contract.	13051

(10) "Representative" means a person acting on behalf of an	13052
individual specified in division (G) of this section. A	13053
representative may be a family member, attorney, hospital social	13054
worker, or any other person chosen to act on behalf of the	13055
individual.	13056

(B) The department of aging shall develop a long-term care	13057
consultation program whereby individuals or their representatives	13058
are provided with long-term care consultations and receive through	13059
these professional consultations information about options	13060
available to meet long-term care needs and information about	13061
factors to consider in making long-term care decisions. The	13062
long-term care consultations provided under the program may be	13063
provided at any appropriate time, as permitted or required under	13064
this section and the rules adopted under it, including either	13065
prior to or after the individual who is the subject of a	13066
consultation has been admitted to a nursing facility or granted	13067
assistance in receiving home and community-based services covered	13068
by medicaid components the department of aging administers.	13069

(C) The long-term care consultation program shall be	13070
administered by the department of aging, except that the	13071
department may have the program administered on a regional basis	13072
by one or more program administrators. The department and each	13073
program administrator shall administer the program in such a	13074
manner that all of the following are included:	13075

(1) Coordination and collaboration with respect to all	13076
available funding sources for long-term care services;	13077

(2) Assessments of individuals regarding their long-term care	13078
service needs;	13079

(3) Assessments of individuals regarding their on-going	13080
eligibility for long-term care services;	13081

(4) Procedures for assisting individuals in obtaining access	13082
to, and coordination of, health and supportive services, including	13083
department of aging-administered medicaid waiver components;	13084

(5) Priorities for using available resources efficiently and	13085
effectively.	13086

(D) The program's long-term care consultations shall be	13087
provided by individuals certified by the department under section	13088
173.422 of the Revised Code.	13089

(E) The information provided through a long-term care	13090
consultation shall be appropriate to the individual's needs and	13091
situation and shall address all of the following:	13092

(1) The availability of any long-term care options open to	13093
the individual;	13094

(2) Sources and methods of both public and private payment	13095
for long-term care services;	13096

(3) Factors to consider when choosing among the available	13097
programs, services, and benefits;	13098

(4) Opportunities and methods for maximizing independence and	13099
self-reliance, including support services provided by the	13100
individual's family, friends, and community.	13101

(F) An individual's long-term care consultation may include	13102
an assessment of the individual's functional capabilities. The	13103
consultation may incorporate portions of the determinations	13104
required under sections 5111.202, 5119.061, and 5123.021 of the	13105
Revised Code and may be provided concurrently with the assessment	13106
required under section 5111.204 of the Revised Code.	13107

(G)(1) Unless an exemption specified in division (I) of this	13108
section is applicable, each of the following shall be provided	13109
with a long-term care consultation:	13110

(a) An individual who applies or indicates an intention to	13111
apply for admission to a nursing facility, regardless of the	13112
source of payment to be used for the individual's care in a	13113
nursing facility;	13114

(b) An individual who requests a long-term care consultation;

13115

(c) An individual identified by the department or a program	13116
administrator as being likely to benefit from a long-term care	13117
consultation.	13118

(2) In addition to the individuals specified in division	13119
(G)(1) of this section, a long-term care consultation may be	13120
provided to a nursing facility resident regardless of the source	13121
of payment being used for the resident's care in the nursing	13122
facility.	13123

(H)(1) Except as provided in division (H)(2) or (3) of this	13124
section, a long-term care consultation provided pursuant to	13125
division (G) of this section shall be provided as follows:	13126

(a) If the individual for whom the consultation is being	13127
provided has applied for medicaid and the consultation is being	13128
provided concurrently with the assessment required under section	13129
5111.204 of the Revised Code, the consultation shall be completed	13130
in accordance with the applicable time frames specified in that	13131
section for providing a level of care determination based on the	13132
assessment.	13133

(b) In all other cases, the consultation shall be provided	13134
not later than five calendar days after the department or program	13135
administrator receives notice of the reason for which the	13136
consultation is to be provided pursuant to division (G) of this	13137
section.	13138

(2) An individual or the individual's representative may	13139
request that a long-term care consultation be provided on a date	13140
that is later than the date required under division (H)(1)(a) or	13141
(b) of this section.	13142

(3) If a long-term care consultation cannot be completed	13143
within the number of days required by division (H)(1) or (2) of	13144
this section, the department or program administrator may do any	13145
of the following:	13146

(a) In the case of an individual specified in division (G)(1)	13147
of this section, exempt the individual from the consultation	13148
pursuant to rules that may be adopted under division (L) of this	13149
section;	13150

(b) In the case of an applicant for admission to a nursing	13151
facility, provide the consultation after the individual is	13152
admitted to the nursing facility;	13153

(c) In the case of a resident of a nursing facility, provide	13154
the consultation as soon as practicable.	13155

(I) An individual is not required to be provided a long-term	13156
care consultation under division (G)(1) of this section if any of	13157
the following apply:	13158

(1) The department or program administrator has attempted to	13159
provide the consultation, but the individual or the individual's	13160
representative refuses to cooperate;	13161

(2) The individual is to receive care in a nursing facility	13162
under a contract for continuing care as defined in section 173.13	13163
of the Revised Code;	13164

(3) The individual has a contractual right to admission to a	13165
nursing facility operated as part of a system of continuing care	13166
in conjunction with one or more facilities that provide a less	13167
intensive level of services, including a residential care facility	13168
licensed under Chapter 3721. of the Revised Code, an adult care	13169
facility licensed under ~~Chapter 3722.~~sections 5119.70 to 5119.88	13170
of the Revised Code, or an independent living arrangement;	13171

(4) The individual is to receive continual care in a home for	13172
the aged exempt from taxation under section 5701.13 of the Revised	13173
Code;	13174

(5) The individual is seeking admission to a facility that is	13175
not a nursing facility with a provider agreement under section	13176
5111.22, 5111.671, or 5111.672 of the Revised Code;	13177

(6) The individual is exempted from the long-term care	13178
consultation requirement by the department or the program	13179
administrator pursuant to rules that may be adopted under division	13180
(L) of this section.	13181

(J) As part of the long-term care consultation program, the	13182
department or program administrator shall assist an individual or	13183
individual's representative in accessing all sources of care and	13184
services that are appropriate for the individual and for which the	13185
individual is eligible, including all available home and	13186
community-based services covered by medicaid components the	13187
department of aging administers. The assistance shall include	13188
providing for the conduct of assessments or other evaluations and	13189
the development of individualized plans of care or services under	13190
section 173.424 of the Revised Code.	13191

(K) No nursing facility for which an operator has a provider	13192
agreement under section 5111.22, 5111.671, or 5111.672 of the	13193
Revised Code shall admit any individual as a resident, unless the	13194
nursing facility has received evidence that a long-term care	13195
consultation has been completed for the individual or division (I)	13196
of this section is applicable to the individual.	13197

(L) The director of aging may adopt any rules the director	13198
considers necessary for the implementation and administration of	13199
this section. The rules shall be adopted in accordance with	13200
Chapter 119. of the Revised Code and may specify any or all of the	13201
following:	13202

(1) Procedures for providing long-term care consultations	13203
pursuant to this section;	13204

(2) Information to be provided through long-term care	13205
consultations regarding long-term care services that are	13206
available;	13207

(3) Criteria and procedures to be used to identify and	13208
recommend appropriate service options for an individual receiving	13209
a long-term care consultation;	13210

(4) Criteria for exempting individuals from the long-term	13211
care consultation requirement;	13212

(5) Circumstances under which it may be appropriate to	13213
provide an individual's long-term care consultation after the	13214
individual's admission to a nursing facility rather than before	13215
admission;	13216

(6) Criteria for identifying nursing facility residents who	13217
would benefit from the provision of a long-term care consultation;	13218

(7) A description of the types of information from a nursing	13219
facility that is needed under the long-term care consultation	13220
program to assist a resident with relocation from the facility;	13221

(8) Standards to prevent conflicts of interest relative to	13222
the referrals made by a person who performs a long-term care	13223
consultation, including standards that prohibit the person from	13224
being employed by a provider of long-term care services;	13225

(9) Procedures for providing notice and an opportunity for a	13226
hearing under division (N) of this section.	13227

(M) To assist the department and each program administrator	13228
with identifying individuals who are likely to benefit from a	13229
long-term care consultation, the department and program	13230
administrator may ask to be given access to nursing facility	13231
resident assessment data collected through the use of the resident	13232
assessment instrument specified in rules adopted under section	13233
5111.02 of the Revised Code for purposes of the medicaid program.	13234
Except when prohibited by state or federal law, the department of	13235
health, department of job and family services, or nursing facility	13236
holding the data shall grant access to the data on receipt of the	13237
request from the department of aging or program administrator.	13238

(N)(1) The director of aging, after providing notice and an	13239
opportunity for a hearing, may fine a nursing facility an amount	13240
determined by rules the director shall adopt in accordance with	13241
Chapter 119. of the Revised Code for any of the following reasons:	13242

(a) The nursing facility admits an individual, without	13243
evidence that a long-term care consultation has been provided, as	13244
required by this section;	13245

(b) The nursing facility denies a person attempting to	13246
provide a long-term care consultation access to the facility or a	13247
resident of the facility;	13248

(c) The nursing facility denies the department of aging or	13249
program administrator access to the facility or a resident of the	13250
facility, as the department or administrator considers necessary	13251
to administer the program.	13252

(2) In accordance with section 5111.62 of the Revised Code,	13253
all fines collected under division (N)(1) of this section shall be	13254
deposited into the state treasury to the credit of the residents	13255
protection fund.	13256

Sec. 173.45. As used in this section and in sections 173.46	13257
to 173.49 of the Revised Code:	13258

(A) "Adult care facility" has the same meaning as in section	13259
5119.70 of the Revised Code.	13260

(B) "Community-based long-term care services" has the same	13261
meaning as in section 173.14 of the Revised Code.	13262

(C) "Long-term care facility" means a nursing home or	13263
residential care facility.	13264

~~(B)~~(D) "Nursing home" and "residential care facility" have	13265
the same meanings as in section 3721.01 of the Revised Code.	13266

~~(C)~~(E) "Nursing facility" has the same meaning as in section	13267
5111.20 of the Revised Code.	13268

Sec. 173.46. (A) The department of aging shall develop and	13269
publish a guide to long-term care facilities for use by	13270
individuals considering long-term care facility admission and	13271
their families, friends, and advisors. The guide, which shall be	13272
titled the Ohio long-term care consumer guide, may be published in	13273
printed form or in electronic form for distribution over the	13274
internet. The guide may be developed as a continuation or	13275
modification of the guide published by the department prior to ~~the~~	13276
~~effective date of this section~~September 29, 2005, under rules	13277
adopted under section 173.02 of the Revised Code.	13278

(B) The Ohio long-term care consumer guide shall include	13279
information on each long-term care facility in this state. For	13280
each facility, the guide shall include the following information,	13281
as applicable to the facility:	13282

(1) Information regarding the facility's compliance with	13283
state statutes and rules and federal statutes and regulations;	13284

(2) Information generated by the centers for medicare and	13285
medicaid services of the United States department of health and	13286
human services from the quality measures developed as part of its	13287
nursing home quality initiative;	13288

(3) Results of the customer satisfaction surveys conducted	13289
under section 173.47 of the Revised Code;	13290

(4) Any other information the department specifies in rules	13291
adopted under section 173.49 of the Revised Code.	13292

(C) The Ohio long-term care consumer guide may include	13293
information on adult care facilities and providers of	13294
community-based long-term care services. The department may adopt	13295
rules under section 173.49 of the Revised Code to specify the	13296
information to be included in the guide pursuant to this division.	13297

Sec. 173.47. (A) For purposes of publishing the Ohio	13298
long-term care consumer guide, the department of aging shall	13299
conduct or provide for the conduct of an annual customer	13300
satisfaction survey of each long-term care facility. The results	13301
of the surveys may include information obtained from long-term	13302
care facility residents, their families, or both.	13303

(B)~~(1) The department may charge fees for the conduct of~~	13304
~~annual customer satisfaction surveys. The department may contract~~	13305
~~with any person or government entity to collect the fees on its~~	13306
~~behalf. All fees collected under this section shall be deposited~~	13307
~~in accordance with section 173.48 of the Revised Code.~~	13308

~~(2) The fees charged under this section shall not exceed the~~	13309
~~following amounts:~~	13310

~~(a) Four hundred dollars for the customer satisfaction survey~~	13311
~~of a long-term care facility that is a nursing home;~~	13312

~~(b) Three hundred dollars for the customer satisfaction~~	13313
~~survey pertaining to a long-term care facility that is a~~	13314
~~residential care facility.~~	13315

~~(3) Fees paid by a long-term care facility that is a nursing~~	13316
~~facility shall be reimbursed through the medicaid program operated~~	13317
~~under Chapter 5111. of the Revised Code.~~	13318

~~(C)~~ Each long-term care facility shall cooperate in the	13319
conduct of its annual customer satisfaction survey.	13320

Sec. 173.48. (A)(1) The department of aging may charge annual	13321
fees to long-term care facilities for the publication of the Ohio	13322
long-term care consumer guide. The department may contract with	13323
any person or government entity to collect the fees on its behalf.	13324
All fees collected under this section shall be deposited in	13325
accordance with division (B) of this section.	13326

(2) The annual fees charged under this section shall not	13327
exceed the following amounts:	13328

(a) Six hundred fifty dollars for each long-term care	13329
facility that is a nursing home;	13330

(b) Three hundred dollars for each long-term care facility	13331
that is a residential care facility.	13332

(3) Fees paid by a long-term care facility that is a nursing	13333
facility shall be reimbursed through the medicaid program operated	13334
under Chapter 5111. of the Revised Code.	13335

(B) There is hereby created in the state treasury the	13336
long-term care consumer guide fund. Money collected from the fees	13337
charged for the ~~conduct of customer satisfaction surveys~~	13338
publication of the Ohio long-term care consumer guide under	13339
division (A) of this section ~~173.47 of the Revised Code~~ shall be	13340
credited to the fund. The department ~~of aging~~ shall use money in	13341
the fund for costs associated with publishing the Ohio long-term	13342
care consumer guide, including, but not limited to, costs incurred	13343
in conducting or providing for the conduct of customer	13344
satisfaction surveys.	13345

Sec. 173.501. (A) As used in this section:

13346

"Nursing facility" has the same meaning as in section 5111.20	13347
of the Revised Code.	13348

"PACE provider" has the same meaning as in 42 U.S.C.	13349
1396u-4(a)(3).	13350

(B) The department of aging shall establish a home first	13351
component of the PACE program under which eligible individuals may	13352
be enrolled in the PACE program in accordance with this section.	13353
An individual is eligible for the PACE program's home first	13354
component if ~~all~~both of the following apply:	13355

(1) The individual ishas been determined to be eligible for	13356
the PACE program.	13357

(2) ~~The individual is on the unified waiting list established~~	13358
~~under section 173.404 of the Revised Code.~~	13359

~~(3)~~ At least one of the following applies:

13360

(a) The individual has been admitted to a nursing facility.

13361

(b) A physician has determined and documented in writing that	13362
the individual has a medical condition that, unless the individual	13363
is enrolled in home and community-based services such as the PACE	13364
program, will require the individual to be admitted to a nursing	13365
facility within thirty days of the physician's determination.	13366

(c) The individual has been hospitalized and a physician has	13367
determined and documented in writing that, unless the individual	13368
is enrolled in home and community-based services such as the PACE	13369
program, the individual is to be transported directly from the	13370
hospital to a nursing facility and admitted.	13371

(d) Both of the following apply:

13372

(i) The individual is the subject of a report made under	13373
section 5101.61 of the Revised Code regarding abuse, neglect, or	13374
exploitation or such a report referred to a county department of	13375
job and family services under section 5126.31 of the Revised Code	13376
or has made a request to a county department for protective	13377
services as defined in section 5101.60 of the Revised Code.	13378

(ii) A county department of job and family services and an	13379
area agency on aging have jointly documented in writing that,	13380
unless the individual is enrolled in home and community-based	13381
services such as the PACE program, the individual should be	13382
admitted to a nursing facility.	13383

(C) Each month, the department of aging shall identify	13384
individuals who are eligible for the home first component of the	13385
PACE program. When the department identifies such an individual,	13386
the department shall notify the PACE provider serving the area in	13387
which the individual resides. The PACE provider shall determine	13388
whether the PACE program is appropriate for the individual and	13389
whether the individual would rather participate in the PACE	13390
program than continue or begin to reside in a nursing facility. If	13391
the PACE provider determines that the PACE program is appropriate	13392
for the individual and the individual would rather participate in	13393
the PACE program than continue or begin to reside in a nursing	13394
facility, the PACE provider shall so notify the department of	13395
aging. On receipt of the notice from the PACE provider, the	13396
department of aging shall approve the individual's enrollment in	13397
the PACE program in accordance with priorities established in	13398
rules adopted under section 173.50 of the Revised Code.	13399

~~(D) Each quarter, the department of aging shall certify to~~	13400
~~the director of budget and management the estimated increase in~~	13401
~~costs of the PACE program resulting from enrollment of individuals~~	13402
~~in the PACE program pursuant to this section.~~	13403

Sec. 183.151. (A) As used in this section, "eligible	13404
institution of higher education" includes any of the following:	13405

(1) A state institution of higher education as defined in	13406
section 3345.011 of the Revised Code;	13407

(2) A private, nonprofit college or university that holds a	13408
certificate of authorization issued under Chapter 1713. of the	13409
Revised Code;	13410

(3) An institution that has a certificate of registration	13411
from the state board of career colleges and schools;	13412

(4) A private institution exempt from regulation under	13413
Chapter 3332. of the Revised Code as prescribed in section	13414
3333.046 of the Revised Code;	13415

(5) An institution of higher education located outside of the	13416
state, but within fifty miles of the borders of this state.	13417

(B) Grants or loans awarded by the southern Ohio agricultural	13418
and community development foundation to provide education and	13419
training assistance pursuant to section 183.15 of the Revised Code	13420
shall be limited to applicants who are enrolled in an eligible	13421
institution of higher education. This section applies to grants	13422
and loans awarded by the foundation after the effective date of	13423
this section.	13424

Sec. 183.30. (A)(1) Except as provided in division ~~(C)~~(A)(2)	13425
of this section, no more than five per cent of the total	13426
disbursements, encumbrances, and obligations of the southern Ohio	13427
agricultural and community development foundation in a fiscal year	13428
shall be for administrative expenses of the foundation in the same	13429
fiscal year.	13430

~~(B) Except as provided in division (C) of this section, no~~	13431
~~more than five per cent of the total disbursements, encumbrances,~~	13432
~~and obligations of the biomedical research and technology transfer~~	13433
~~trust fund in a fiscal year shall be for expenses relating to the~~	13434
~~administration of the trust fund by the third frontier commission~~	13435
~~in the same fiscal year.~~	13436

~~(C) This section's~~(2) The five per cent limitation on	13437
administrative expenses does not apply to any fiscal year for	13438
which the controlling board approves a spending plan that the	13439
foundation ~~or commission~~ submits to the board.	13440

(B) Payments may be made from the biomedical research and	13441
technology transfer trust fund for third frontier commission	13442
expenses related to the administration of awards made from the	13443
fund prior to the effective date of this section. No such payments	13444
shall be made after June 30, 2013.	13445

Sec. 183.51. (A) As used in this section and in the	13446
applicable bond proceedings unless otherwise provided:	13447

(1) "Bond proceedings" means the resolutions, orders,	13448
indentures, purchase and sale and trust and other agreements	13449
including any amendments or supplements to them, and credit	13450
enhancement facilities, and amendments and supplements to them, or	13451
any one or more or combination of them, authorizing, awarding, or	13452
providing for the terms and conditions applicable to or providing	13453
for the security or liquidity of, the particular obligations, and	13454
the provisions contained in those obligations.	13455

(2) "Bond service fund" means the bond service fund created	13456
in the bond proceedings for the obligations.	13457

(3) "Capital facilities" means, as applicable, capital	13458
facilities or projects as referred to in section 151.03 or 151.04	13459
of the Revised Code.	13460

(4) "Consent decree" means the consent decree and final	13461
judgment entered November 25, 1998, in the court of common pleas	13462
of Franklin county, Ohio, as the same may be amended or	13463
supplemented from time to time.	13464

(5) "Cost of capital facilities" has the same meaning as in	13465
section 151.01 of the Revised Code, as applicable.	13466

(6) "Credit enhancement facilities," "financing costs," and	13467
"interest" or "interest equivalent" have the same meanings as in	13468
section 133.01 of the Revised Code.	13469

(7) "Debt service" means principal, including any mandatory	13470
sinking fund or redemption requirements for retirement of	13471
obligations, interest and other accreted amounts, interest	13472
equivalent, and any redemption premium, payable on obligations. If	13473
not prohibited by the applicable bond proceedings, "debt service"	13474
may include costs relating to credit enhancement facilities that	13475
are related to and represent, or are intended to provide a source	13476
of payment of or limitation on, other debt service.	13477

(8) "Improvement fund" means, as applicable, the school	13478
building program assistance fund created in section 3318.25 of the	13479
Revised Code and the higher education improvement fund created in	13480
section 154.21 of the Revised Code.	13481

(9) "Issuing authority" means the buckeye tobacco settlement	13482
financing authority created in section 183.52 of the Revised Code.	13483

(10) "Net proceeds" means amounts received from the sale of	13484
obligations, excluding amounts used to refund or retire	13485
outstanding obligations, amounts required to be deposited into	13486
special funds pursuant to the applicable bond proceedings, and	13487
amounts to be used to pay financing costs.	13488

(11) "Obligations" means bonds, notes, or other evidences of	13489
obligation of the issuing authority, including any appertaining	13490
interest coupons, issued by the issuing authority under this	13491
section and Section 2i of Article VIII, Ohio Constitution, for the	13492
purpose of providing funds to the state, in exchange for the	13493
assignment and sale described in division (B) of this section, for	13494
the purpose of paying costs of capital facilities for: (a) housing	13495
branches and agencies of state government limited to facilities	13496
for a system of common schools throughout the state and (b)	13497
state-supported or state-assisted institutions of higher	13498
education.	13499

(12) "Pledged receipts" means, as and to the extent provided	13500
for in the applicable bond proceedings:	13501

(a) Pledged tobacco settlement receipts;

13502

(b) Accrued interest received from the sale of obligations;

13503

13504

(d) Additional or any other specific revenues or receipts	13505
lawfully available to be pledged, and pledged, pursuant to the	13506
bond proceedings, including but not limited to amounts received	13507
under credit enhancement facilities, to the payment of debt	13508
service.	13509

(13) "Pledged tobacco settlement receipts" means all amounts	13510
received by the issuing authority pursuant to division (B) of this	13511
section.	13512

(14) "Principal amount" means the aggregate of the amount as	13513
stated or provided for in the applicable bond proceedings as the	13514
amount on which interest or interest equivalent on particular	13515
obligations is initially calculated. "Principal amount" does not	13516
include any premium paid to the issuing authority by the initial	13517
purchaser of the obligations. "Principal amount" of a capital	13518
appreciation bond, as defined in division (C) of section 3334.01	13519
of the Revised Code, means its original face amount and not its	13520
accreted value, and "principal amount" of a zero coupon bond, as	13521
defined in division (J) of section 3334.01 of the Revised Code,	13522
means the discounted offering price at which the bond is initially	13523
sold to the public, disregarding any purchase price discount to	13524
the original purchaser, if provided in or for pursuant to the bond	13525
proceedings.	13526

(15) "Special funds" or "funds," unless the context indicates	13527
otherwise, means the bond service fund, and any other funds,	13528
including any reserve funds, created under the bond proceedings	13529
and stated to be special funds in those proceedings, including	13530
moneys and investments, and earnings from investments, credited	13531
and to be credited to the particular fund. "Special funds" does	13532
not include any improvement fund or investment earnings on amounts	13533
in any improvement fund, or other funds created by the bond	13534
proceedings that are not stated by those proceedings to be special	13535
funds.	13536

(B) The state may assign and sell to the issuing authority,	13537
and the issuing authority may accept and purchase, all or a	13538
portion of the amounts to be received by the state under the	13539
tobacco master settlement agreement for a purchase price payable	13540
by the issuing authority to the state consisting of the net	13541
proceeds of obligations and any residual interest, if any. Any	13542
such assignment and sale shall be irrevocable in accordance with	13543
its terms during the period any obligations secured by amounts so	13544
assigned and sold are outstanding under the applicable bond	13545
proceedings, and shall constitute a contractual obligation to the	13546
holders or owners of those obligations. Any such assignment and	13547
sale shall also be treated as an absolute transfer and true sale	13548
for all purposes, and not as a pledge or other security interest.	13549
The characterization of any such assignment and sale as a true	13550
sale and absolute transfer shall not be negated or adversely	13551
affected by only a portion of the amounts to be received under the	13552
tobacco master settlement agreement being transferred, the	13553
acquisition or retention by the state of a residual interest, the	13554
participation of any state officer or employee as a member or	13555
officer of, or providing staff support to, the issuing authority,	13556
any responsibility of an officer or employee of the state for	13557
collecting the amounts to be received under the tobacco master	13558
settlement agreement or otherwise enforcing that agreement or	13559
retaining any legal title to or interest in any portion of the	13560
amounts to be received under that agreement for the purpose of	13561
these collection activities, any characterization of the issuing	13562
authority or its obligations for purposes of accounting, taxation,	13563
or securities regulation, or by any other factors whatsoever. A	13564
true sale shall exist under this section regardless of whether the	13565
issuing authority has any recourse against the state or any other	13566
term of the bond proceedings or the treatment or characterization	13567
of the transfer as a financing for any purpose. Upon and following	13568
the assignment and sale, the state shall not have any right,	13569
title, or interest in the portion of the receipts under the	13570
tobacco master settlement agreement so assigned and sold, other	13571
than any residual interest that may be described in the applicable	13572
bond proceedings for those obligations, and that portion, if any,	13573
shall be the property of the issuing authority and not of the	13574
state, and shall be paid directly to the issuing authority, and	13575
shall be owned, received, held, and disbursed by the issuing	13576
authority and not by the state.	13577

The state may covenant, pledge, and agree in the bond	13578
proceedings, with and for the benefit of the issuing authority,	13579
the holders and owners of obligations, and providers of any credit	13580
enhancement facilities, that it shall: (1) maintain statutory	13581
authority for, and cause to be collected and paid directly to the	13582
issuing authority or its assignee, the pledged receipts, (2)	13583
enforce the rights of the issuing authority to receive the	13584
receipts under the tobacco master settlement agreement assigned	13585
and sold to the issuing authority, (3) not materially impair the	13586
rights of the issuing authority to fulfill the terms of its	13587
agreements with the holders or owners of outstanding obligations	13588
under the bond proceedings, (4) not materially impair the rights	13589
and remedies of the holders or owners of outstanding obligations	13590
or materially impair the security for those outstanding	13591
obligations, and (5) enforce Chapter 1346. of the Revised Code,	13592
the tobacco master settlement agreement, and the consent decree to	13593
effectuate the collection of the pledged tobacco settlement	13594
receipts. The bond proceedings may provide or authorize the manner	13595
for determining material impairment of the security for any	13596
outstanding obligations, including by assessing and evaluating the	13597
pledged receipts in the aggregate.	13598

As further provided for in division (H) of this section, the	13599
bond proceedings may also include such other covenants, pledges,	13600
and agreements by the state to protect and safeguard the security	13601
and rights of the holders and owners of the obligations, and of	13602
the providers of any credit enhancement facilities, including,	13603
without limiting the generality of the foregoing, any covenant,	13604
pledge, or agreement customary in transactions involving the	13605
issuance of securities the debt service on which is payable from	13606
or secured by amounts received under the tobacco master settlement	13607
agreement. Notwithstanding any other provision of law, any	13608
covenant, pledge, and agreement of the state, if and when made in	13609
the bond proceedings, shall be controlling and binding upon, and	13610
enforceable against the state in accordance with its terms for so	13611
long as any obligations are outstanding under the applicable bond	13612
proceedings. The bond proceedings may also include limitations on	13613
the remedies available to the issuing authority, the holders and	13614
owners of the obligations, and the providers of any credit	13615
enhancement facilities, including, without limiting the generality	13616
of the foregoing, a provision that those remedies may be limited	13617
to injunctive relief in circumstances where there has been no	13618
prior determination by a court of competent jurisdiction that the	13619
state has not enforced Chapter 1346. of the Revised Code, the	13620
tobacco master settlement agreement, or the consent decree as may	13621
have been covenanted or agreed in the bond proceedings under	13622
division (B)(5) of this section.	13623

Nothing in this section or the bond proceedings shall	13624
preclude or limit, or be construed to preclude or limit, the state	13625
from regulating or authorizing or permitting the regulation of	13626
smoking or from taxing and regulating the sale of cigarettes or	13627
other tobacco products, or from defending or prosecuting cases or	13628
other actions relating to the sale or use of cigarettes or other	13629
tobacco products. Except as otherwise may be agreed in writing by	13630
the attorney general, nothing in this section or the bond	13631
proceedings shall modify or limit, or be construed to modify or	13632
limit, the responsibility, power, judgment, and discretion of the	13633
attorney general to protect and discharge the duties, rights, and	13634
obligations of the state under the tobacco master settlement	13635
agreement, the consent decree, or Chapter 1346. of the Revised	13636
Code.	13637

The governor and the director of budget and management, in	13638
consultation with the attorney general, on behalf of the state,	13639
and any member or officer of the issuing authority as authorized	13640
by that issuing authority, on behalf of the issuing authority, may	13641
take any action and execute any documents, including any purchase	13642
and sale agreements, necessary to effect the assignment and sale	13643
and the acceptance of the assignment and title to the receipts	13644
including, providing irrevocable direction to the escrow agent	13645
acting under the tobacco master settlement agreement to transfer	13646
directly to the issuing authority the amounts to be received under	13647
that agreement that are subject to such assignment and sale. Any	13648
purchase and sale agreement or other bond proceedings may contain	13649
the terms and conditions established by the state and the issuing	13650
authority to carry out and effectuate the purposes of this	13651
section, including, without limitation, covenants binding the	13652
state in favor of the issuing authority and its assignees and the	13653
owners of the obligations. Any such purchase and sale agreement	13654
shall be sufficient to effectuate such purchase and sale without	13655
regard to any other laws governing other property sales or	13656
financial transactions by the state.	13657

Not later than two years following the date on which there	13658
are no longer any obligations outstanding under the bond	13659
proceedings, all assets of the issuing authority shall vest in the	13660
state, the issuing authority shall execute any necessary	13661
assignments or instruments, including any assignment of any right,	13662
title, or ownership to the state for receipt of amounts under the	13663
tobacco master settlement agreement, and the issuing authority	13664
shall be dissolved.	13665

(C) The issuing authority is authorized to issue and to sell	13666
obligations as provided in this section. The aggregate principal	13667
amount of obligations issued under this section shall not exceed	13668
six billion dollars, exclusive of obligations issued under	13669
division (M)(1) of this section to refund, renew, or advance	13670
refund other obligations issued or incurred. At least seventy-five	13671
per cent of the aggregate net proceeds of the obligations issued	13672
under the authority of this section, exclusive of obligations	13673
issued to refund, renew, or advance refund other obligations,	13674
shall be paid to the state for deposit into the school building	13675
program assistance fund created in section 3318.25 of the Revised	13676
Code.	13677

(D) Each issue of obligations shall be authorized by	13678
resolution or order of the issuing authority. The bond proceedings	13679
shall provide for or authorize the manner for determining the	13680
principal amount or maximum principal amount of obligations of an	13681
issue, the principal maturity or maturities, the interest rate or	13682
rates, the date of and the dates of payment of interest on the	13683
obligations, their denominations, and the place or places of	13684
payment of debt service which may be within or outside the state.	13685
Unless otherwise provided by law, the latest principal maturity	13686
may not be later than the earlier of the thirty-first day of	13687
December of the fiftieth calendar year after the year of issuance	13688
of the particular obligations or of the fiftieth calendar year	13689
after the year in which the original obligation to pay was issued	13690
or entered into. Sections 9.96, 9.98, 9.981, 9.982, and 9.983 of	13691
the Revised Code apply to the obligations.	13692

The purpose of the obligations may be stated in the bond	13693
proceedings in general terms, such as, as applicable, "paying	13694
costs of capital facilities for a system of common schools" and	13695
"paying costs of facilities for state-supported and state-assisted	13696
institutions of higher education." Unless otherwise provided in	13697
the bond proceedings or in division (C) of this section, the net	13698
proceeds from the issuance of the obligations shall be paid to the	13699
state for deposit into the applicable improvement fund. In	13700
addition to the investments authorized in Chapter 135. of the	13701
Revised Code, the net proceeds held in an improvement fund may be	13702
invested by the treasurer of state in guaranteed investment	13703
contracts with providers rated at the time of any investment in	13704
the three highest rating categories by two nationally recognized	13705
rating agencies, all subject to the terms and conditions set forth	13706
in those agreements or the bond proceedings. Notwithstanding	13707
~~division (B)(4) of section 3318.38~~anything to the contrary in	13708
Chapter 3318. of the Revised Code, net proceeds of obligations	13709
deposited into the school building program assistance fund created	13710
in section 3318.25 of the Revised Code may be used to pay basic	13711
project costs under ~~section 3318.38 of the Revised Code~~that	13712
chapter at the times determined by the Ohio school facilities	13713
commission without regard to whether those expenditures are in	13714
proportion to the state's and the school district's respective	13715
shares of that basic project cost; provided that this shall not	13716
result in any change in the state or school district shares of the	13717
basic project costs ~~provided under Chapter 3318. of the Revised~~	13718
~~Code~~as determined under that chapter. As used in the preceding	13719
sentence, "Ohio school facilities commission" and "basic project	13720
costs" have the same meanings as in section 3318.01 of the Revised	13721
Code.	13722

(E) The issuing authority may, without need for any other	13723
approval, appoint or provide for the appointment of paying agents,	13724
bond registrars, securities depositories, credit enhancement	13725
providers or counterparties, clearing corporations, and transfer	13726
agents, and retain or contract for the services of underwriters,	13727
investment bankers, financial advisers, accounting experts,	13728
marketing, remarketing, indexing, and administrative agents, other	13729
consultants, and independent contractors, including printing	13730
services, as are necessary in the judgment of the issuing	13731
authority to carry out the issuing authority's functions under	13732
this section and section 183.52 of the Revised Code. The attorney	13733
general as counsel to the issuing authority shall represent the	13734
authority in the execution of its powers and duties, and shall	13735
institute and prosecute all actions on its behalf. The issuing	13736
authority, in consultation with the attorney general, shall select	13737
counsel, and the attorney general shall appoint the counsel	13738
selected, for the purposes of carrying out the functions under	13739
this section and related sections of the Revised Code. Financing	13740
costs are payable, as may be provided in the bond proceedings,	13741
from the proceeds of the obligations, from special funds, or from	13742
other moneys available for the purpose, including as to future	13743
financing costs, from the pledged receipts.	13744

(F) The issuing authority may irrevocably pledge and assign	13745
all, or such portion as the issuing authority determines, of the	13746
pledged receipts to the payment of the debt service charges on	13747
obligations issued under this section, and for the establishment	13748
and maintenance of any reserves, as provided in the bond	13749
proceedings, and make other provisions in the bond proceedings	13750
with respect to pledged receipts as authorized by this section,	13751
which provisions are controlling notwithstanding any other	13752
provisions of law pertaining to them. Any and all pledged receipts	13753
received by the issuing authority and required by the bond	13754
proceedings, consistent with this section, to be deposited,	13755
transferred, or credited to the bond service fund, and all other	13756
money transferred or allocated to or received for the purposes of	13757
that fund, shall be deposited and credited to the bond service	13758
fund created in the bond proceedings for the obligations, subject	13759
to any applicable provisions of those bond proceedings, but	13760
without necessity for any act of appropriation. Those pledged	13761
receipts shall immediately be subject to the lien of that pledge	13762
without any physical delivery thereof or further act, and shall	13763
not be subject to other court judgments. The lien of the pledge of	13764
those pledged receipts shall be valid and binding against all	13765
parties having claims of any kind against the issuing authority,	13766
irrespective of whether those parties have notice thereof. The	13767
pledge shall create a perfected security interest for all purposes	13768
of Chapter 1309. of the Revised Code and a perfected lien for	13769
purposes of any other interest, all without the necessity for	13770
separation or delivery of funds or for the filing or recording of	13771
the applicable bond proceedings by which that pledge is created or	13772
any certificate, statement, or other document with respect	13773
thereto. The pledge of the pledged receipts shall be effective and	13774
the money therefrom and thereof may be applied to the purposes for	13775
which pledged.	13776

(G) Obligations may be further secured, as determined by the	13777
issuing authority, by an indenture or a trust agreement between	13778
the issuing authority and a corporate trustee, which may be any	13779
trust company or bank having a place of business within the state.	13780
Any indenture or trust agreement may contain the resolution or	13781
order authorizing the issuance of the obligations, any provisions	13782
that may be contained in any bond proceedings, and other	13783
provisions that are customary or appropriate in an agreement of	13784
that type, including, but not limited to:	13785

(1) Maintenance of each pledge, indenture, trust agreement,	13786
or other instrument comprising part of the bond proceedings until	13787
the issuing authority has fully paid or provided for the payment	13788
of debt service on the obligations secured by it;	13789

(2) In the event of default in any payments required to be	13790
made by the bond proceedings, enforcement of those payments or	13791
agreements by mandamus, the appointment of a receiver, suit in	13792
equity, action at law, or any combination of them;	13793

(3) The rights and remedies of the holders or owners of	13794
obligations and of the trustee and provisions for protecting and	13795
enforcing them, including limitations on rights of individual	13796
holders and owners.	13797

(H) The bond proceedings may contain additional provisions	13798
customary or appropriate to the financing or to the obligations or	13799
to particular obligations including, but not limited to,	13800
provisions for:	13801

(1) The redemption of obligations prior to maturity at the	13802
option of the issuing authority or of the holder or upon the	13803
occurrence of certain conditions, and at a particular price or	13804
prices and under particular terms and conditions;	13805

(2) The form of and other terms of the obligations;

13806

(3) The establishment, deposit, investment, and application	13807
of special funds, and the safeguarding of moneys on hand or on	13808
deposit, in lieu of the applicability of provisions of Chapter	13809
131. or 135. of the Revised Code, but subject to any special	13810
provisions of this section with respect to the application of	13811
particular funds or moneys. Any financial institution that acts as	13812
a depository of any moneys in special funds or other funds under	13813
the bond proceedings may furnish indemnifying bonds or pledge	13814
securities as required by the issuing authority.	13815

(4) Any or every provision of the bond proceedings being	13816
binding upon the issuing authority and upon such governmental	13817
agency or entity, officer, board, authority, agency, department,	13818
institution, district, or other person or body as may from time to	13819
time be authorized to take actions as may be necessary to perform	13820
all or any part of the duty required by the provision;	13821

(5) The maintenance of each pledge or instrument comprising	13822
part of the bond proceedings until the issuing authority has fully	13823
paid or provided for the payment of the debt service on the	13824
obligations or met other stated conditions;	13825

(6) In the event of default in any payments required to be	13826
made by the bond proceedings, or by any other agreement of the	13827
issuing authority made as part of a contract under which the	13828
obligations were issued or secured, including a credit enhancement	13829
facility, the enforcement of those payments by mandamus, a suit in	13830
equity, an action at law, or any combination of those remedial	13831
actions;	13832

(7) The rights and remedies of the holders or owners of	13833
obligations or of book-entry interests in them, and of third	13834
parties under any credit enhancement facility, and provisions for	13835
protecting and enforcing those rights and remedies, including	13836
limitations on rights of individual holders or owners;	13837

(8) The replacement of mutilated, destroyed, lost, or stolen	13838
obligations;	13839

(9) The funding, refunding, or advance refunding, or other	13840
provision for payment, of obligations that will then no longer be	13841
outstanding for purposes of this section or of the applicable bond	13842
proceedings;	13843

(10) Amendment of the bond proceedings;

13844

(11) Any other or additional agreements with the owners of	13845
obligations, and such other provisions as the issuing authority	13846
determines, including limitations, conditions, or qualifications,	13847
relating to any of the foregoing or the activities of the issuing	13848
authority in connection therewith.	13849

The bond proceedings shall make provision for the payment of	13850
the expenses of the enforcement activity of the attorney general	13851
referred to in division (B) of this section from the amounts from	13852
the tobacco master settlement agreement assigned and sold to the	13853
issuing authority under that division or from the proceeds of	13854
obligations, or a combination thereof, which may include provision	13855
for both annual payments and a special fund providing reserve	13856
amounts for the payment of those expenses.	13857

The issuing authority shall not, and shall covenant in the	13858
bond proceedings that it shall not, be authorized to and shall not	13859
file a voluntary petition under the United States Bankruptcy Code,	13860
11 U.S.C. 101 et seq., as amended, or voluntarily commence any	13861
similar bankruptcy proceeding under state law including, without	13862
limitation, consenting to the appointment of a receiver or trustee	13863
or making a general or specific assignment for the benefit of	13864
creditors, and neither any public officer or any organization,	13865
entity, or other person shall authorize the issuing authority to	13866
be or become a debtor under the United States Bankruptcy Code or	13867
take any of those actions under the United States Bankruptcy Code	13868
or state law. The state hereby covenants, and the issuing	13869
authority shall covenant, with the holders or owners of the	13870
obligations, that the state shall not permit the issuing authority	13871
to file a voluntary petition under the United States Bankruptcy	13872
Code or take any of those actions under the United States	13873
Bankruptcy Code or state law during the period obligations are	13874
outstanding and for any additional period for which the issuing	13875
authority covenants in the bond proceedings, which additional	13876
period may, but need not, be a period of three hundred sixty-seven	13877
days or more.	13878

(I) The obligations requiring execution by or for the issuing	13879
authority shall be signed as provided in the bond proceedings, and	13880
may bear the official seal of the issuing authority or a facsimile	13881
thereof. Any obligation may be signed by the individual who, on	13882
the date of execution, is the authorized signer even though, on	13883
the date of the obligations, that individual is not an authorized	13884
signer. In case the individual whose signature or facsimile	13885
signature appears on any obligation ceases to be an authorized	13886
signer before delivery of the obligation, that signature or	13887
facsimile is nevertheless valid and sufficient for all purposes as	13888
if that individual had remained the authorized signer until	13889
delivery.	13890

(J) Obligations are investment securities under Chapter 1308.	13891
of the Revised Code. Obligations may be issued in bearer or in	13892
registered form, registrable as to principal alone or as to both	13893
principal and interest, or both, or in certificated or	13894
uncertificated form, as the issuing authority determines.	13895
Provision may be made for the exchange, conversion, or transfer of	13896
obligations and for reasonable charges for registration, exchange,	13897
conversion, and transfer. Pending preparation of final	13898
obligations, the issuing authority may provide for the issuance of	13899
interim instruments to be exchanged for the final obligations.	13900

(K) Obligations may be sold at public sale or at private	13901
sale, in such manner, and at such price at, above, or below par,	13902
all as determined by and provided by the issuing authority in the	13903
bond proceedings.	13904

(L) Except to the extent that rights are restricted by the	13905
bond proceedings, any owner of obligations or provider of or	13906
counterparty to a credit enhancement facility may by any suitable	13907
form of legal proceedings protect and enforce any rights relating	13908
to obligations or that facility under the laws of this state or	13909
granted by the bond proceedings. Those rights include the right to	13910
compel the performance of all applicable duties of the issuing	13911
authority and the state. Each duty of the issuing authority and	13912
that issuing authority's officers, staff, and employees, and of	13913
each state entity or agency, or using district or using	13914
institution, and its officers, members, staff, or employees,	13915
undertaken pursuant to the bond proceedings, is hereby established	13916
as a duty of the entity or individual having authority to perform	13917
that duty, specifically enjoined by law and resulting from an	13918
office, trust, or station within the meaning of section 2731.01 of	13919
the Revised Code. The individuals who are from time to time	13920
members of the issuing authority, or their designees acting	13921
pursuant to section 183.52 of the Revised Code, or the issuing	13922
authority's officers, staff, agents, or employees, when acting	13923
within the scope of their employment or agency, shall not be	13924
liable in their personal capacities on any obligations or	13925
otherwise under the bond proceedings, or for otherwise exercising	13926
or carrying out any purposes or powers of the issuing authority.	13927

(M)(1) Subject to any applicable limitations in division (C)	13928
of this section, the issuing authority may also authorize and	13929
provide for the issuance of:	13930

(a) Obligations in the form of bond anticipation notes, and	13931
may authorize and provide for the renewal of those notes from time	13932
to time by the issuance of new notes. The holders of notes or	13933
appertaining interest coupons have the right to have debt service	13934
on those notes paid solely from the moneys and special funds, and	13935
all or any portion of the pledged receipts, that are or may be	13936
pledged to that payment, including the proceeds of bonds or	13937
renewal notes or both, as the issuing authority provides in the	13938
bond proceedings authorizing the notes. Notes may be additionally	13939
secured by covenants of the issuing authority to the effect that	13940
the issuing authority will do all things necessary for the	13941
issuance of bonds or renewal notes in such principal amount and	13942
upon such terms as may be necessary to provide moneys to pay when	13943
due the debt service on the notes, and apply their proceeds to the	13944
extent necessary, to make full and timely payment of debt service	13945
on the notes as provided in the applicable bond proceedings. In	13946
the bond proceedings authorizing the issuance of bond anticipation	13947
notes the issuing authority shall set forth for the bonds	13948
anticipated an estimated schedule of annual principal payments the	13949
latest of which shall be no later than provided in division (D) of	13950
this section. While the notes are outstanding there shall be	13951
deposited, as shall be provided in the bond proceedings for those	13952
notes, from the sources authorized for payment of debt service on	13953
the bonds, amounts sufficient to pay the principal of the bonds	13954
anticipated as set forth in that estimated schedule during the	13955
time the notes are outstanding, which amounts shall be used solely	13956
to pay the principal of those notes or of the bonds anticipated.	13957

(b) Obligations for the refunding, including funding and	13958
retirement, and advance refunding, with or without payment or	13959
redemption prior to maturity, of any obligations previously issued	13960
under this section and any bonds or notes previously issued for	13961
the purpose of paying costs of capital facilities for: (i)	13962
state-supported or state-assisted institutions of higher education	13963
as authorized by sections 151.01 and 151.04 of the Revised Code,	13964
pursuant to Sections 2i and 2n of Article VIII, Ohio Constitution,	13965
and (ii) housing branches and agencies of state government limited	13966
to facilities for a system of common schools throughout the state	13967
as authorized by sections 151.01 and 151.03 of the Revised Code,	13968
pursuant to Sections 2i and 2n of Article VIII, Ohio Constitution.	13969
Refunding obligations may be issued in amounts sufficient to pay	13970
or to provide for repayment of the principal amount, including	13971
principal amounts maturing prior to the redemption of the	13972
remaining prior obligations or bonds or notes, any redemption	13973
premium, and interest accrued or to accrue to the maturity or	13974
redemption date or dates, payable on the prior obligations or	13975
bonds or notes, and related financing costs and any expenses	13976
incurred or to be incurred in connection with that issuance and	13977
refunding. Subject to the applicable bond proceedings, the portion	13978
of the proceeds of the sale of refunding obligations issued under	13979
division (M)(1)(b) of this section to be applied to debt service	13980
on the prior obligations or bonds or notes shall be credited to an	13981
appropriate separate account in the bond service fund and held in	13982
trust for the purpose by the issuing authority or by a corporate	13983
trustee, and may be invested as provided in the bond proceedings.	13984
Obligations authorized under this division shall be considered to	13985
be issued for those purposes for which the prior obligations or	13986
bonds or notes were issued.	13987

(2) The principal amount of refunding, advance refunding, or	13988
renewal obligations issued pursuant to division (M) of this	13989
section shall be in addition to the amount authorized in division	13990
(C) of this section.	13991

(N) Obligations are lawful investments for banks, savings and	13992
loan associations, credit union share guaranty corporations, trust	13993
companies, trustees, fiduciaries, insurance companies, including	13994
domestic for life and domestic not for life, trustees or other	13995
officers having charge of sinking and bond retirement or other	13996
special funds of the state and political subdivisions and taxing	13997
districts of this state, notwithstanding any other provisions of	13998
the Revised Code or rules adopted pursuant to those provisions by	13999
any state agency with respect to investments by them, and are also	14000
acceptable as security for the repayment of the deposit of public	14001
moneys. The exemptions from taxation in Ohio as provided for in	14002
particular sections of the Ohio Constitution and section 5709.76	14003
of the Revised Code apply to the obligations.	14004

(O)(1) Unless otherwise provided or provided for in any	14005
applicable bond proceedings, moneys to the credit of or in a	14006
special fund shall be disbursed on the order of the issuing	14007
authority. No such order is required for the payment, from the	14008
bond service fund or other special fund, when due of debt service	14009
or required payments under credit enhancement facilities.	14010

(2) Payments received by the issuing authority under interest	14011
rate hedges entered into as credit enhancement facilities under	14012
this section shall be deposited as provided in the applicable bond	14013
proceedings.	14014

(P) The obligations shall not be general obligations of the	14015
state and the full faith and credit, revenue, and taxing power of	14016
the state shall not be pledged to the payment of debt service on	14017
them or to any guarantee of the payment of that debt service. The	14018
holders or owners of the obligations shall have no right to have	14019
any moneys obligated or pledged for the payment of debt service	14020
except as provided in this section and in the applicable bond	14021
proceedings. The rights of the holders and owners to payment of	14022
debt service are limited to all or that portion of the pledged	14023
receipts, and those special funds, pledged to the payment of debt	14024
service pursuant to the bond proceedings in accordance with this	14025
section, and each obligation shall bear on its face a statement to	14026
that effect.	14027

(Q) Each bond service fund is a trust fund and is hereby	14028
pledged to the payment of debt service on the applicable	14029
obligations. Payment of that debt service shall be made or	14030
provided for by the issuing authority in accordance with the bond	14031
proceedings without necessity for any act of appropriation. The	14032
bond proceedings may provide for the establishment of separate	14033
accounts in the bond service fund and for the application of those	14034
accounts only to debt service on specific obligations, and for	14035
other accounts in the bond service fund within the general	14036
purposes of that fund.	14037

(R) Subject to the bond proceedings pertaining to any	14038
obligations then outstanding in accordance with their terms, the	14039
issuing authority may in the bond proceedings pledge all, or such	14040
portion as the issuing authority determines, of the moneys in the	14041
bond service fund to the payment of debt service on particular	14042
obligations, and for the establishment and maintenance of any	14043
reserves for payment of particular debt service.	14044

(S)(1) Unless otherwise provided in any applicable bond	14045
proceedings, moneys to the credit of special funds may be invested	14046
by or on behalf of the issuing authority only in one or more of	14047
the following:	14048

(a) Notes, bonds, or other direct obligations of the United	14049
States or of any agency or instrumentality of the United States,	14050
or in no-front-end-load money market mutual funds consisting	14051
exclusively of those obligations, or in repurchase agreements,	14052
including those issued by any fiduciary, secured by those	14053
obligations, or in collective investment funds consisting	14054
exclusively of those obligations;	14055

(b) Obligations of this state or any political subdivision of	14056
this state;	14057

(c) Certificates of deposit of any national bank located in	14058
this state and any bank, as defined in section 1101.01 of the	14059
Revised Code, subject to inspection by the superintendent of	14060
financial institutions;	14061

(d) The treasurer of state's pooled investment program under	14062
section 135.45 of the Revised Code;	14063

(e) Other investment agreements or repurchase agreements that	14064
are consistent with the ratings on the obligations.	14065

(2) The income from investments referred to in division	14066
(S)(1) of this section shall be credited to special funds or	14067
otherwise as the issuing authority determines in the bond	14068
proceedings. Those investments may be sold or exchanged at times	14069
as the issuing authority determines, provides for, or authorizes.	14070

(T) The treasurer of state shall have responsibility for	14071
keeping records, making reports, and making payments, relating to	14072
any arbitrage rebate requirements under the applicable bond	14073
proceedings.	14074

(U) The issuing authority shall make quarterly reports to the	14075
general assembly of the amounts in, and activities of, each	14076
improvement fund, including amounts and activities on the subfund	14077
level. Each report shall include a detailed description and	14078
analysis of the amount of proceeds remaining in each fund from the	14079
sale of obligations pursuant to this section, and any other	14080
deposits, credits, interest earnings, disbursements, expenses,	14081
transfers, or activities of each fund.	14082

(V) The costs of the annual audit of the authority conducted	14083
pursuant to section 117.112 of the Revised Code are payable, as	14084
may be provided in the bond proceedings, from the proceeds of the	14085
obligations, from special funds, or from other moneys available	14086
for the purpose, including as to future financing costs, from the	14087
pledged receipts.	14088

Sec. 185.01. As used in this chapter:

14089

(A) "Advanced practice nurse" has the same meaning as in	14090
section 4723.01 of the Revised Code.	14091

(B) "Collaboration" has the same meaning as in section	14092
4723.01 of the Revised Code.	14093

(C) ~~"Health care coverage and quality council" means the~~	14094
~~entity established under section 3923.90 of the Revised Code.~~	14095

~~(D)~~ "Patient centered medical home education advisory group"	14096
means the entity established under section 185.03 of the Revised	14097
Code to implement and administer the patient centered medical home	14098
education pilot project.	14099

~~(E)~~(D) "Patient centered medical home education pilot	14100
project" means the pilot project established under section 185.02	14101
of the Revised Code.	14102

Sec. 185.03. (A) The patient centered medical home education	14103
advisory group is hereby created for the purpose of implementing	14104
and administering the patient centered medical home pilot project.	14105
The advisory group shall develop a set of expected outcomes for	14106
the pilot project.	14107

(B) The advisory group shall consist of the following voting	14108
members:	14109

(1) One individual with expertise in the training and	14110
education of primary care physicians who is appointed by the dean	14111
of the university of Toledo college of medicine;	14112

(2) One individual with expertise in the training and	14113
education of primary care physicians who is appointed by the dean	14114
of the Boonshoft school of medicine at Wright state university;	14115

(3) One individual with expertise in the training and	14116
education of primary care physicians who is appointed by the	14117
president and dean of the northeastern Ohio universities colleges	14118
of medicine and pharmacy;	14119

(4) One individual with expertise in the training and	14120
education of primary care physicians who is appointed by the dean	14121
of the Ohio university college of osteopathic medicine;	14122

(5) Two individuals appointed by the governing board of the	14123
Ohio academy of family physicians;	14124

(6) One individual appointed by the governing board of the	14125
Ohio chapter of the American college of physicians;	14126

(7) One individual appointed by the governing board of the	14127
American academy of pediatrics;	14128

(8) One individual appointed by the governing board of the	14129
Ohio osteopathic association;	14130

(9) One individual with expertise in the training and	14131
education of advanced practice nurses who is appointed by the	14132
governing board of the Ohio council of deans and directors of	14133
baccalaureate and higher degree programs in nursing;	14134

(10) One individual appointed by the governing board of the	14135
Ohio nurses association;	14136

(11) One individual appointed by the governing board of the	14137
Ohio association of advanced practice nurses;	14138

(12) ~~A member of the health care coverage and quality~~	14139
~~council, other than the advisory group member specified in~~	14140
~~division (C)(2) of this section,~~One individual appointed by the	14141
superintendent of insurance.	14142

(C) The advisory group shall consist of the following	14143
nonvoting, ex officio members:	14144

(1) The executive director of the state medical board, or the	14145
director's designee;	14146

(2) The executive director of the board of nursing or the	14147
director's designee;	14148

(3) The chancellor of the Ohio board of regents, or the	14149
chancellor's designee;	14150

(4) The individual within the department of job and family	14151
services who serves as the director of medicaid, or the director's	14152
designee;	14153

(5) The director of health or the director's designee.

14154

(D) Advisory group members who are appointed shall serve at	14155
the pleasure of their appointing authorities. Terms of office of	14156
appointed members shall be three years, except that a member's	14157
term ends if the pilot project ceases operation during the	14158
member's term.	14159

Vacancies shall be filled in the manner provided for original	14160
appointments.	14161

Members shall serve without compensation, except to the	14162
extent that serving on the advisory group is considered part of	14163
their regular employment duties.	14164

(E) The advisory group shall select from among its members a	14165
chairperson and vice-chairperson. The advisory group may select	14166
any other officers it considers necessary to conduct its business.	14167

A majority of the members of the advisory group constitutes a	14168
quorum for the transaction of official business. A majority of a	14169
quorum is necessary for the advisory group to take any action,	14170
except that when one or more members of a quorum are required to	14171
abstain from voting as provided in division (C)(1)(d) or (C)(2)(c)	14172
of section 185.05 of the Revised Code, the number of members	14173
necessary for a majority of a quorum shall be reduced accordingly.	14174

The advisory group shall meet as necessary to fulfill its	14175
duties. The times and places for the meetings shall be selected by	14176
the chairperson.	14177

(F) Sections 101.82 to 101.87 of the Revised Code do not	14178
apply to the advisory group.	14179

Sec. 185.06. (A) To be eligible for inclusion in the patient	14180
centered medical home education pilot project, a physician	14181
practice shall meet all of the following requirements:	14182

(1) Consist of physicians who are board-certified in family	14183
medicine, general pediatrics, or internal medicine, as those	14184
designations are issued by a medical specialty certifying board	14185
recognized by the American board of medical specialties or	14186
American osteopathic association;	14187

(2) Be capable of adapting the practice during the period in	14188
which the practice receives funding from the patient centered	14189
medical home education advisory group in such a manner that the	14190
practice is fully compliant with the minimum standards for	14191
operation of a patient centered medical home, as those standards	14192
are established by the advisory group;	14193

(3) ~~Comply with any reporting requirements recommended by the~~	14194
~~health care coverage and quality council under division (A)(12) of~~	14195
~~section 3923.91 of the Revised Code;~~	14196

~~(4)~~ Meet any other criteria established by the advisory group	14197
as part of the selection process.	14198

(B) To be eligible for inclusion in the pilot project, an	14199
advanced practice nurse primary care practice shall meet all of	14200
the following requirements:	14201

(1) Consist of advanced practice nurses who meet all of the	14202
following requirements:	14203

(a) Hold a certificate to prescribe issued under section	14204
4723.48 of the Revised Code;	14205

(b) Are board-certified as a family nurse practitioner or	14206
adult nurse practitioner by the American academy of nurse	14207
practitioners or American nurses credentialing center,	14208
board-certified as a geriatric nurse practitioner or women's	14209
health nurse practitioner by the American nurses credentialing	14210
center, or is board-certified as a pediatric nurse practitioner by	14211
the American nurses credentialing center or pediatric nursing	14212
certification board;	14213

(c) Has a collaboration agreement with a physician with board	14214
certification as specified in division (A)(1) of this section and	14215
who is an active participant on the health care team.	14216

(2) Be capable of adapting the primary care practice during	14217
the period in which the practice receives funding from the	14218
advisory group in such a manner that the practice is fully	14219
compliant with the minimum standards for operation of a patient	14220
centered medical home, as those standards are established by the	14221
advisory group;	14222

(3) ~~Comply with any reporting requirements recommended by the~~	14223
~~health care coverage and quality council under division (A)(12) of~~	14224
~~section 3923.91 of the Revised Code;~~	14225

~~(4)~~ Meet any other criteria established by the advisory group	14226
as part of the selection process.	14227

Sec. 185.10. The patient centered medical home education	14228
advisory group shall seek funding sources for the patient centered	14229
medical home education pilot project. In doing so, the advisory	14230
group may apply for grants, seek federal funds, seek private	14231
donations, or seek any other type of funding that may be available	14232
for the pilot project. ~~To ensure that appropriate sources of and~~	14233
~~opportunities for funding are identified and pursued, the advisory~~	14234
~~group may ask for assistance from the health care coverage and~~	14235
~~quality council.~~	14236

Sec. 305.23. (A) As used in this section, "county office"	14237
means the offices of the county commissioner, county auditor,	14238
county treasurer, county engineer, county recorder, county	14239
prosecuting attorney, county sheriff, county coroner, county park	14240
district, clerk of the juvenile court, clerks of court for all	14241
divisions of the courts of common pleas, including the clerk of	14242
the court of common pleas, clerk of a county-operated municipal	14243
court, and clerk of a county court, and any agency or department	14244
under the authority of, or receiving funding in whole or in part	14245
from, any of those county offices.	14246

(B) A board of county commissioners may adopt a resolution	14247
establishing centralized purchasing, printing, transportation,	14248
vehicle maintenance, information technology, human resources,	14249
revenue collection, and mail operation services for a county	14250
office. The resolution shall specify all of the following:	14251

(1) Which county offices are required to use the centralized	14252
services;	14253

(2) If not all of the centralized services, which centralized	14254
service each county office must use;	14255

(3) A list of rates and charges the county office shall pay	14256
for the centralized services;	14257

(4) The date upon which each county office specified in the	14258
resolution shall begin using the centralized services.	14259

Not later than ten days after a resolution is adopted under	14260
this section, the clerk of the board of county commissioners shall	14261
send a copy of the resolution to each county office that is	14262
specified in the resolution.	14263

Sec. 306.322. (A) For any regional transit authority that	14264
levies a property tax and that includes a county having a	14265
population of at least four hundred thousand according to the most	14266
recent federal census, the procedures of this section apply until	14267
November 5, 2013, and are in addition to and an alternative to	14268
those established in sections 306.32 and 306.321 for joining to	14269
the regional transit authority additional counties, municipal	14270
corporations, or townships.	14271

(B) Any county, municipal corporation, or township may adopt	14272
a resolution or ordinance proposing to join a regional transit	14273
authority described in division (A) of this section. In its	14274
resolution or ordinance, the political subdivision may propose	14275
joining the regional transit authority for a limited period of	14276
three years or without a time limit.	14277

(C) The political subdivision proposing to join the regional	14278
transit authority shall submit a copy of its resolution or	14279
ordinance to the board of the county commissioners of each county,	14280
the legislative authority of each municipal corporation, and the	14281
board of trustees of each township comprising the regional transit	14282
authority. Within thirty days of receiving the resolution or	14283
ordinance for inclusion in the regional transit authority, the	14284
board of the county commissioners of each county, the legislative	14285
authority of each municipal corporation, and the board of trustees	14286
of each township shall consider the question of whether to include	14287
the additional subdivision in the regional transit authority,	14288
shall adopt a resolution or ordinance approving or rejecting the	14289
inclusion of the additional subdivision, and shall present its	14290
resolution or ordinance to the board of trustees of the regional	14291
transit authority.	14292

(D) If a majority of the political subdivisions comprising	14293
the regional transit authority approve the inclusion of the	14294
additional political subdivision, the board of trustees of the	14295
regional transit authority, not later than the tenth day following	14296
the day on which the last ordinance or resolution is presented,	14297
shall notify the subdivision proposing to join the regional	14298
transit authority that it may certify the proposal to the board of	14299
elections for the purpose of having the proposal placed on the	14300
ballot at the next general election or at a special election	14301
conducted on the day of the next primary election that occurs not	14302
less than seventy-five days after the resolution or ordinance is	14303
certified to the board of elections.	14304

(E) Upon certification of a proposal to the board of	14305
elections pursuant to this section, the board of elections shall	14306
make the necessary arrangements for the submission of the question	14307
to the electors of the territory to be included in the regional	14308
transit authority qualified to vote on the question, and the	14309
election shall be held, canvassed, and certified in the same	14310
manner as regular elections for the election of officers of the	14311
subdivision proposing to join the regional transit authority,	14312
except that, if the resolution proposed the inclusion without a	14313
time limitation the question appearing on the ballot shall read:	14314

"Shall the territory within the .........................	14315
(Name or names of political subdivisions to be joined) be added to	14316
......................... ......... (Name) regional transit	14317
authority?" and shall a(n) .......... (here insert type of tax or	14318
taxes) at a rate of taxation not to exceed ..... (here insert	14319
maximum tax rate or rates) be levied for all transit purposes?"	14320

If the resolution proposed the inclusion with a three-year	14321
time limitation, the question appearing on the ballot shall read:	14322

"Shall the territory within the .........................	14323
(Name or names of political subdivisions to be joined) be added to	14324
......................... ......... (Name) regional transit	14325
authority?" for three years and shall a(n) .......... (here insert	14326
type of tax or taxes) at a rate of taxation not to exceed .....	14327
(here insert maximum tax rate or rates) be levied for all transit	14328
purposes for three years?"	14329

(F) If the question is approved by at least a majority of the	14330
electors voting on the question, the addition of the new territory	14331
is immediately effective, and the regional transit authority may	14332
extend the levy of the tax against all the taxable property within	14333
the territory that was added. If the question is approved at a	14334
general election or at a special election occurring prior to the	14335
general election but after the fifteenth day of July, the regional	14336
transit authority may amend its budget and resolution adopted	14337
pursuant to section 5705.34 of the Revised Code, and the levy	14338
shall be placed on the current tax list and duplicate and	14339
collected as other taxes are collected from all taxable property	14340
within the territorial boundaries of the regional transit	14341
authority, including the territory within the political	14342
subdivision added as a result of the election. If the budget of	14343
the regional transit authority is amended pursuant to this	14344
paragraph, the county auditor shall prepare and deliver an amended	14345
certificate of estimated resources to reflect the change in	14346
anticipated revenues of the regional transit authority.	14347

(G) If the question is approved by at least a majority of the	14348
electors voting on the question, the board of trustees of the	14349
regional transit authority immediately shall amend the resolution	14350
or ordinance creating the regional transit authority to include	14351
the additional political subdivision.	14352

(H) If the question approved by a majority of the electors	14353
voting on the question added the subdivision for three years, the	14354
territory of the additional county, municipal corporation, or	14355
township in the regional transit authority shall be removed from	14356
the territory of the regional transit authority three years after	14357
the date the territory was added, as determined in the effective	14358
date of the election, and shall no longer be a part of that	14359
authority without any further action by either the political	14360
subdivisions that were included in the authority prior to	14361
submitting the question to the electors or of the political	14362
subdivision added to the authority as a result of the election.	14363
The regional transit authority reduced to its territory as it	14364
existed prior to the inclusion of the additional county, municipal	14365
corporation, or township, shall be entitled to levy and collect	14366
any property taxes that it was authorized to levy and collect	14367
prior to the enlargement of its territory and for which	14368
authorization has not expired, as if the enlargement had not	14369
occurred.	14370

Sec. 306.55. Beginning July 1, 2011 and until November 5,	14371
2013, any county, municipal corporation, or township that has	14372
created or joined a regional transit authority that levies a	14373
property tax and that includes a county having a population of at	14374
least four hundred thousand according to the most recent federal	14375
census, may withdraw from the regional transit authority in the	14376
manner provided in this section. The board of county	14377
commissioners, legislative authority of the municipal corporation,	14378
or board of township trustees of the township proposing to	14379
withdraw shall adopt a resolution to submit the question of	14380
withdrawing from the regional transit authority to the electors of	14381
the territory to be withdrawn and shall certify the proposal to	14382
the board of elections for the purpose of having the proposal	14383
placed on the ballot at the next general election or at a special	14384
election conducted on the day of the next primary election that	14385
occurs not less than seventy-five days after the resolution is	14386
certified to the board of elections.	14387

Upon certification of a proposal to the board of elections	14388
pursuant to this section, the board of elections shall make the	14389
necessary arrangements for the submission of the question to the	14390
electors of the territory to be withdrawn from the regional	14391
transit authority qualified to vote on the question, and the	14392
election shall be held, canvassed, and certified in the same	14393
manner as regular elections for the election of officers of the	14394
subdivision proposing to withdraw from the regional transit	14395
authority, except that the question appearing on the ballot shall	14396
read:	14397

"Shall the territory within the .........................	14398
(Name of political subdivision to be withdrawn) be withdrawn from	14399
......................... ......... (Name) regional transit	14400
authority?"	14401

If the question is approved by at least a majority of the	14402
electors voting on the question, the withdrawal is effective one	14403
year from the date of the certification of its passage.	14404

The board of elections to which the resolution was certified	14405
shall certify the results of the election to the board or	14406
legislative authority of the subdivision that submitted the	14407
resolution to withdraw and to the board of trustees of the	14408
regional transit authority from which the subdivision proposed to	14409
withdraw.	14410

If the question of withdrawing from the regional transit	14411
authority is approved, the power of the regional transit authority	14412
to levy a tax on taxable property in the withdrawing subdivision	14413
terminates.	14414

Sec. 306.551. Any county, municipal corporation, or township	14415
that withdraws from a regional transit authority under section	14416
306.55 of the Revised Code may enter into a contract with a	14417
regional transit authority or other provider of transit services	14418
to provide transportation service for handicapped, disabled, or	14419
elderly persons and for any other service the legislative	14420
authority of the county, municipal corporation, or township may	14421
determine to be appropriate.	14422

Sec. 307.86. Anything to be purchased, leased, leased with	14423
an option or agreement to purchase, or constructed, including, but	14424
not limited to, any product, structure, construction,	14425
reconstruction, improvement, maintenance, repair, or service,	14426
except the services of an accountant, architect, attorney at law,	14427
physician, professional engineer, construction project manager,	14428
consultant, surveyor, or appraiser, by or on behalf of the county	14429
or contracting authority, as defined in section 307.92 of the	14430
Revised Code, at a cost in excess of twenty-five thousand dollars,	14431
except as otherwise provided in division (D) of section 713.23 and	14432
in sections 9.48, 125.04, 125.60 to 125.6012, 307.022, 307.041,	14433
307.861, 339.05, 340.03, 340.033, 4115.31 to 4115.35, 5119.16,	14434
5513.01, 5543.19, 5713.01, and 6137.05 of the Revised Code, shall	14435
be obtained through competitive bidding. However, competitive	14436
bidding is not required when any of the following applies:	14437

(A) The board of county commissioners, by a unanimous vote of	14438
its members, makes a determination that a real and present	14439
emergency exists, and that determination and the reasons for it	14440
are entered in the minutes of the proceedings of the board, when	14441
either of the following applies:	14442

(1) The estimated cost is less than fifty thousand dollars.

14443

(2) There is actual physical disaster to structures, radio	14444
communications equipment, or computers.	14445

For purposes of this division, "unanimous vote" means all	14446
three members of a board of county commissioners when all three	14447
members are present, or two members of the board if only two	14448
members, constituting a quorum, are present.	14449

Whenever a contract of purchase, lease, or construction is	14450
exempted from competitive bidding under division (A)(1) of this	14451
section because the estimated cost is less than fifty thousand	14452
dollars, but the estimated cost is twenty-five thousand dollars or	14453
more, the county or contracting authority shall solicit informal	14454
estimates from no fewer than three persons who could perform the	14455
contract, before awarding the contract. With regard to each such	14456
contract, the county or contracting authority shall maintain a	14457
record of such estimates, including the name of each person from	14458
whom an estimate is solicited. The county or contracting authority	14459
shall maintain the record for the longer of at least one year	14460
after the contract is awarded or the amount of time the federal	14461
government requires.	14462

(B)(1) The purchase consists of supplies or a replacement or	14463
supplemental part or parts for a product or equipment owned or	14464
leased by the county, and the only source of supply for the	14465
supplies, part, or parts is limited to a single supplier.	14466

(2) The purchase consists of services related to information	14467
technology, such as programming services, that are proprietary or	14468
limited to a single source.	14469

(C) The purchase is from the federal government, the state,	14470
another county or contracting authority of another county, or a	14471
board of education, educational service center, township, or	14472
municipal corporation.	14473

(D) The purchase is made by a county department of job and	14474
family services under section 329.04 of the Revised Code and	14475
consists of family services duties or workforce development	14476
activities or is made by a county board of developmental	14477
disabilities under section 5126.05 of the Revised Code and	14478
consists of program services, such as direct and ancillary client	14479
services, child care, case management services, residential	14480
services, and family resource services.	14481

(E) The purchase consists of criminal justice services,	14482
social services programs, family services, or workforce	14483
development activities by the board of county commissioners from	14484
nonprofit corporations or associations under programs funded by	14485
the federal government or by state grants.	14486

(F) The purchase consists of any form of an insurance policy	14487
or contract authorized to be issued under Title XXXIX of the	14488
Revised Code or any form of health care plan authorized to be	14489
issued under Chapter 1751. of the Revised Code, or any combination	14490
of such policies, contracts, plans, or services that the	14491
contracting authority is authorized to purchase, and the	14492
contracting authority does all of the following:	14493

(1) Determines that compliance with the requirements of this	14494
section would increase, rather than decrease, the cost of the	14495
purchase;	14496

(2) Requests issuers of the policies, contracts, plans, or	14497
services to submit proposals to the contracting authority, in a	14498
form prescribed by the contracting authority, setting forth the	14499
coverage and cost of the policies, contracts, plans, or services	14500
as the contracting authority desires to purchase;	14501

(3) Negotiates with the issuers for the purpose of purchasing	14502
the policies, contracts, plans, or services at the best and lowest	14503
price reasonably possible.	14504

(G) The purchase consists of computer hardware, software, or	14505
consulting services that are necessary to implement a computerized	14506
case management automation project administered by the Ohio	14507
prosecuting attorneys association and funded by a grant from the	14508
federal government.	14509

(H) Child care services are purchased for provision to county	14510
employees.	14511

(I)(1) Property, including land, buildings, and other real	14512
property, is leased for offices, storage, parking, or other	14513
purposes, and all of the following apply:	14514

(a) The contracting authority is authorized by the Revised	14515
Code to lease the property.	14516

(b) The contracting authority develops requests for proposals	14517
for leasing the property, specifying the criteria that will be	14518
considered prior to leasing the property, including the desired	14519
size and geographic location of the property.	14520

(c) The contracting authority receives responses from	14521
prospective lessors with property meeting the criteria specified	14522
in the requests for proposals by giving notice in a manner	14523
substantially similar to the procedures established for giving	14524
notice under section 307.87 of the Revised Code.	14525

(d) The contracting authority negotiates with the prospective	14526
lessors to obtain a lease at the best and lowest price reasonably	14527
possible considering the fair market value of the property and any	14528
relocation and operational costs that may be incurred during the	14529
period the lease is in effect.	14530

(2) The contracting authority may use the services of a real	14531
estate appraiser to obtain advice, consultations, or other	14532
recommendations regarding the lease of property under this	14533
division.	14534

(J) The purchase is made pursuant to section 5139.34 or	14535
sections 5139.41 to 5139.46 of the Revised Code and is of programs	14536
or services that provide case management, treatment, or prevention	14537
services to any felony or misdemeanant delinquent, unruly youth,	14538
or status offender under the supervision of the juvenile court,	14539
including, but not limited to, community residential care, day	14540
treatment, services to children in their home, or electronic	14541
monitoring.	14542

(K) The purchase is made by a public children services agency	14543
pursuant to section 307.92 or 5153.16 of the Revised Code and	14544
consists of family services, programs, or ancillary services that	14545
provide case management, prevention, or treatment services for	14546
children at risk of being or alleged to be abused, neglected, or	14547
dependent children.	14548

(L) The purchase is to obtain the services of emergency	14549
medical service organizations under a contract made by the board	14550
of county commissioners pursuant to section 307.05 of the Revised	14551
Code with a joint emergency medical services district.	14552

(M) The county contracting authority determines that the use	14553
of competitive sealed proposals would be advantageous to the	14554
county and the contracting authority complies with section 307.862	14555
of the Revised Code.	14556

Any issuer of policies, contracts, plans, or services listed	14557
in division (F) of this section and any prospective lessor under	14558
division (I) of this section may have the issuer's or prospective	14559
lessor's name and address, or the name and address of an agent,	14560
placed on a special notification list to be kept by the	14561
contracting authority, by sending the contracting authority that	14562
name and address. The contracting authority shall send notice to	14563
all persons listed on the special notification list. Notices shall	14564
state the deadline and place for submitting proposals. The	14565
contracting authority shall mail the notices at least six weeks	14566
prior to the deadline set by the contracting authority for	14567
submitting proposals. Every five years the contracting authority	14568
may review this list and remove any person from the list after	14569
mailing the person notification of that action.	14570

Any contracting authority that negotiates a contract under	14571
division (F) of this section shall request proposals and negotiate	14572
with issuers in accordance with that division at least every three	14573
years from the date of the signing of such a contract, unless the	14574
parties agree upon terms for extensions or renewals of the	14575
contract. Such extension or renewal periods shall not exceed six	14576
years from the date the initial contract is signed.	14577

Any real estate appraiser employed pursuant to division (I)	14578
of this section shall disclose any fees or compensation received	14579
from any source in connection with that employment.	14580

Sec. 307.93. (A) The boards of county commissioners of two	14581
or more adjacent counties may contract for the joint establishment	14582
of a multicounty correctional center, and the board of county	14583
commissioners of a county or the boards of two or more counties	14584
may contract with any municipal corporation or municipal	14585
corporations located in that county or those counties for the	14586
joint establishment of a municipal-county or multicounty-municipal	14587
correctional center. The center shall augment county and, where	14588
applicable, municipal jail programs and facilities by providing	14589
custody and rehabilitative programs for those persons under the	14590
charge of the sheriff of any of the contracting counties or of the	14591
officer or officers of the contracting municipal corporation or	14592
municipal corporations having charge of persons incarcerated in	14593
the municipal jail, workhouse, or other correctional facility who,	14594
in the opinion of the sentencing court, need programs of custody	14595
and rehabilitation not available at the county or municipal jail	14596
and by providing custody and rehabilitative programs in accordance	14597
with division (C) of this section, if applicable. The contract may	14598
include, but need not be limited to, provisions regarding the	14599
acquisition, construction, maintenance, repair, termination of	14600
operations, and administration of the center. The contract shall	14601
prescribe the manner of funding of, and debt assumption for, the	14602
center and the standards and procedures to be followed in the	14603
operation of the center. Except as provided in division (H) of	14604
this section, the contracting counties and municipal corporations	14605
shall form a corrections commission to oversee the administration	14606
of the center. Members of the commission shall consist of the	14607
sheriff of each participating county, the president of the board	14608
of county commissioners of each participating county, the	14609
presiding judge of the court of common pleas of each participating	14610
county, or, if the court of common pleas of a participating county	14611
has only one judge, then that judge, the chief of police of each	14612
participating municipal corporation, the mayor or city manager of	14613
each participating municipal corporation, and the presiding judge	14614
or the sole judge of the municipal court of each participating	14615
municipal corporation. Any of the foregoing officers may appoint a	14616
designee to serve in the officer's place on the corrections	14617
commission. The standards and procedures shall be formulated and	14618
agreed to by the commission and may be amended at any time during	14619
the life of the contract by agreement of the parties to the	14620
contract upon the advice of the commission. The standards and	14621
procedures formulated by the commission shall include, but need	14622
not be limited to, designation of the person in charge of the	14623
center, the categories of employees to be employed at the center,	14624
the appointing authority of the center, and the standards of	14625
treatment and security to be maintained at the center. The person	14626
in charge of, and all persons employed to work at, the center	14627
shall have all the powers of police officers that are necessary	14628
for the proper performance of the duties relating to their	14629
positions at the center.	14630

(B) Each board of county commissioners that enters a contract	14631
under division (A) of this section may appoint a building	14632
commission pursuant to section 153.21 of the Revised Code. If any	14633
commissions are appointed, they shall function jointly in the	14634
construction of a multicounty or multicounty-municipal	14635
correctional center with all the powers and duties authorized by	14636
law.	14637

(C) Prior to the acceptance for custody and rehabilitation	14638
into a center established under this section of any persons who	14639
are designated by the department of rehabilitation and correction,	14640
who plead guilty to or are convicted of a felony of the fourth or	14641
fifth degree, and who satisfy the other requirements listed in	14642
section 5120.161 of the Revised Code, the corrections commission	14643
of a center established under this section shall enter into an	14644
agreement with the department of rehabilitation and correction	14645
under section 5120.161 of the Revised Code for the custody and	14646
rehabilitation in the center of persons who are designated by the	14647
department, who plead guilty to or are convicted of a felony of	14648
the fourth or fifth degree, and who satisfy the other requirements	14649
listed in that section, in exchange for a per diem fee per person.	14650
Persons incarcerated in the center pursuant to an agreement	14651
entered into under this division shall be subject to supervision	14652
and control in the manner described in section 5120.161 of the	14653
Revised Code. This division does not affect the authority of a	14654
court to directly sentence a person who is convicted of or pleads	14655
guilty to a felony to the center in accordance with section	14656
2929.16 of the Revised Code.	14657

(D) Pursuant to section 2929.37 of the Revised Code, each	14658
board of county commissioners and the legislative authority of	14659
each municipal corporation that enters into a contract under	14660
division (A) of this section may require a person who was	14661
convicted of an offense, who is under the charge of the sheriff of	14662
their county or of the officer or officers of the contracting	14663
municipal corporation or municipal corporations having charge of	14664
persons incarcerated in the municipal jail, workhouse, or other	14665
correctional facility, and who is confined in the multicounty,	14666
municipal-county, or multicounty-municipal correctional center as	14667
provided in that division, to reimburse the applicable county or	14668
municipal corporation for its expenses incurred by reason of the	14669
person's confinement in the center.	14670

(E) Notwithstanding any contrary provision in this section or	14671
section 2929.18, 2929.28, or 2929.37 of the Revised Code, the	14672
corrections commission of a center may establish a policy that	14673
complies with section 2929.38 of the Revised Code and that	14674
requires any person who is not indigent and who is confined in the	14675
multicounty, municipal-county, or multicounty-municipal	14676
correctional center to pay a reception fee, a fee for medical	14677
treatment or service requested by and provided to that person, or	14678
the fee for a random drug test assessed under division (E) of	14679
section 341.26 of the Revised Code.	14680

(F)(1) The corrections commission of a center established	14681
under this section may establish a commissary for the center. The	14682
commissary may be established either in-house or by another	14683
arrangement. If a commissary is established, all persons	14684
incarcerated in the center shall receive commissary privileges. A	14685
person's purchases from the commissary shall be deducted from the	14686
person's account record in the center's business office. The	14687
commissary shall provide for the distribution to indigent persons	14688
incarcerated in the center of necessary hygiene articles and	14689
writing materials.	14690

(2) If a commissary is established, the corrections	14691
commission of a center established under this section shall	14692
establish a commissary fund for the center. The management of	14693
funds in the commissary fund shall be strictly controlled in	14694
accordance with procedures adopted by the auditor of state.	14695
Commissary fund revenue over and above operating costs and reserve	14696
shall be considered profits. All profits from the commissary fund	14697
shall be used to purchase supplies and equipment for the benefit	14698
of persons incarcerated in the center and to pay salary and	14699
benefits for employees of the center, or for any other persons,	14700
who work in or are employed for the sole purpose of providing	14701
service to the commissary. The corrections commission shall adopt	14702
rules and regulations for the operation of any commissary fund it	14703
establishes.	14704

(G) In lieu of forming a corrections commission to administer	14705
a multicounty correctional center or a municipal-county or	14706
multicounty-municipal correctional center, the boards of county	14707
commissioners and the legislative authorities of the municipal	14708
corporations contracting to establish the center may also agree to	14709
contract for the private operation and management of the center as	14710
provided in section 9.06 of the Revised Code~~, but only if the~~	14711
~~center houses only misdemeanant inmates~~. In order to enter into a	14712
contract under section 9.06 of the Revised Code, all the boards	14713
and legislative authorities establishing the center shall approve	14714
and be parties to the contract.	14715

(H) If a person who is convicted of or pleads guilty to an	14716
offense is sentenced to a term in a multicounty correctional	14717
center or a municipal-county or multicounty-municipal correctional	14718
center or is incarcerated in the center in the manner described in	14719
division (C) of this section, or if a person who is arrested for	14720
an offense, and who has been denied bail or has had bail set and	14721
has not been released on bail is confined in a multicounty	14722
correctional center or a municipal-county or multicounty-municipal	14723
correctional center pending trial, at the time of reception and at	14724
other times the officer, officers, or other person in charge of	14725
the operation of the center determines to be appropriate, the	14726
officer, officers, or other person in charge of the operation of	14727
the center may cause the convicted or accused offender to be	14728
examined and tested for tuberculosis, HIV infection, hepatitis,	14729
including but not limited to hepatitis A, B, and C, and other	14730
contagious diseases. The officer, officers, or other person in	14731
charge of the operation of the center may cause a convicted or	14732
accused offender in the center who refuses to be tested or treated	14733
for tuberculosis, HIV infection, hepatitis, including but not	14734
limited to hepatitis A, B, and C, or another contagious disease to	14735
be tested and treated involuntarily.	14736

(I) As used in this section, "multicounty-municipal" means	14737
more than one county and a municipal corporation, or more than one	14738
municipal corporation and a county, or more than one municipal	14739
corporation and more than one county.	14740

Sec. 319.301. (A) The reductions required by division (D) of	14741
this section do not apply to any of the following:	14742

(1) Taxes levied at whatever rate is required to produce a	14743
specified amount of tax money, including a tax levied under	14744
section 5705.199 or 5705.211 of the Revised Code, or an amount to	14745
pay debt charges;	14746

(2) Taxes levied within the one per cent limitation imposed	14747
by Section 2 of Article XII, Ohio Constitution;	14748

(3) Taxes provided for by the charter of a municipal	14749
corporation.	14750

(B) As used in this section:

14751

(1) "Real property" includes real property owned by a	14752
railroad.	14753

(2) "Carryover property" means all real property on the	14754
current year's tax list except:	14755

(a) Land and improvements that were not taxed by the district	14756
in both the preceding year and the current year;	14757

(b) Land and improvements that were not in the same class in	14758
both the preceding year and the current year.	14759

(3) "Effective tax rate" means with respect to each class of	14760
property:	14761

(a) The sum of the total taxes that would have been charged	14762
and payable for current expenses against real property in that	14763
class if each of the district's taxes were reduced for the current	14764
year under division (D)(1) of this section without regard to the	14765
application of division (E)(3) of this section divided by	14766

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

14767

(4) "Taxes charged and payable" means the taxes charged and	14768
payable prior to any reduction required by section 319.302 of the	14769
Revised Code.	14770

(C) The tax commissioner shall make the determinations	14771
required by this section each year, without regard to whether a	14772
taxing district has territory in a county to which section 5715.24	14773
of the Revised Code applies for that year. Separate determinations	14774
shall be made for each of the two classes established pursuant to	14775
section 5713.041 of the Revised Code.	14776

(D) With respect to each tax authorized to be levied by each	14777
taxing district, the tax commissioner, annually, shall do both of	14778
the following:	14779

(1) Determine by what percentage, if any, the sums levied by	14780
such tax against the carryover property in each class would have	14781
to be reduced for the tax to levy the same number of dollars	14782
against such property in that class in the current year as were	14783
charged against such property by such tax in the preceding year	14784
subsequent to the reduction made under this section but before the	14785
reduction made under section 319.302 of the Revised Code. In the	14786
case of a tax levied for the first time that is not a renewal of	14787
an existing tax, the commissioner shall determine by what	14788
percentage the sums that would otherwise be levied by such tax	14789
against carryover property in each class would have to be reduced	14790
to equal the amount that would have been levied if the full rate	14791
thereof had been imposed against the total taxable value of such	14792
property in the preceding tax year. A tax or portion of a tax that	14793
is designated a replacement levy under section 5705.192 of the	14794
Revised Code is not a renewal of an existing tax for purposes of	14795
this division.	14796

(2) Certify each percentage determined in division (D)(1) of	14797
this section, as adjusted under division (E) of this section, and	14798
the class of property to which that percentage applies to the	14799
auditor of each county in which the district has territory. The	14800
auditor, after complying with section 319.30 of the Revised Code,	14801
shall reduce the sum to be levied by such tax against each parcel	14802
of real property in the district by the percentage so certified	14803
for its class. Certification shall be made by the first day of	14804
September except in the case of a tax levied for the first time,	14805
in which case certification shall be made within fifteen days of	14806
the date the county auditor submits the information necessary to	14807
make the required determination.	14808

(E)(1) As used in division (E)(2) of this section, "pre-1982	14809
joint vocational taxes" means, with respect to a class of	14810
property, the difference between the following amounts:	14811

(a) The taxes charged and payable in tax year 1981 against	14812
the property in that class for the current expenses of the joint	14813
vocational school district of which the school district is a part	14814
after making all reductions under this section;	14815

(b) The following percentage of the taxable value of all real	14816
property in that class:	14817

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

14818

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

14819

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

14820

(iv) In 1990 and each subsequent year, two-tenths of one per	14821
cent.	14822

If the amount in division (E)(1)(b) of this section exceeds	14823
the amount in division (E)(1)(a) of this section, the pre-1982	14824
joint vocational taxes shall be zero.	14825

As used in divisions (E)(2) and (3) of this section, "taxes	14826
charged and payable" has the same meaning as in division (B)(4) of	14827
this section and excludes any tax charged and payable in 1985 or	14828
thereafter under sections 5705.194 to 5705.197 or section	14829
5705.199, 5705.213, or 5705.219 of the Revised Code.	14830

(2) If in the case of a school district other than a joint	14831
vocational or cooperative education school district any percentage	14832
required to be used in division (D)(2) of this section for either	14833
class of property could cause the total taxes charged and payable	14834
for current expenses to be less than two per cent of the taxable	14835
value of all real property in that class that is subject to	14836
taxation by the district, the commissioner shall determine what	14837
percentages would cause the district's total taxes charged and	14838
payable for current expenses against that class, after all	14839
reductions that would otherwise be made under this section, to	14840
equal, when combined with the pre-1982 joint vocational taxes	14841
against that class, the lesser of the following:	14842

(a) The sum of the rates at which those taxes are authorized	14843
to be levied;	14844

(b) Two per cent of the taxable value of the property in that	14845
class. The auditor shall use such percentages in making the	14846
reduction required by this section for that class.	14847

(3)(a) If in the case of a joint vocational school district	14848
any percentage required to be used in division (D)(2) of this	14849
section for either class of property could cause the total taxes	14850
charged and payable for current expenses for that class to be less	14851
than the designated amount, the commissioner shall determine what	14852
percentages would cause the district's total taxes charged and	14853
payable for current expenses for that class, after all reductions	14854
that would otherwise be made under this section, to equal the	14855
designated amount. The auditor shall use such percentages in	14856
making the reductions required by this section for that class.	14857

(b) As used in division (E)(3)(a) of this section, the	14858
designated amount shall equal the taxable value of all real	14859
property in the class that is subject to taxation by the district	14860
times the lesser of the following:	14861

(i) Two-tenths of one per cent;

14862

(ii) The district's effective rate plus the following	14863
percentage for the year indicated:	14864

WHEN COMPUTING THE	ADD THE FOLLOWING	14865
TAXES CHARGED FOR	PERCENTAGE:	14866
1987	0.025%	14867
1988	0.05%	14868
1989	0.075%	14869
1990	0.1%	14870
1991	0.125%	14871
1992	0.15%	14872
1993	0.175%	14873
1994 and thereafter	0.2%	14874

(F) No reduction shall be made under this section in the rate	14875
at which any tax is levied.	14876

(G) The commissioner may order a county auditor to furnish	14877
any information the commissioner needs to make the determinations	14878
required under division (D) or (E) of this section, and the	14879
auditor shall supply the information in the form and by the date	14880
specified in the order. If the auditor fails to comply with an	14881
order issued under this division, except for good cause as	14882
determined by the commissioner, the commissioner shall withhold	14883
from such county or taxing district therein fifty per cent of	14884
state revenues to local governments pursuant to section 5747.50 of	14885
the Revised Code or shall direct the department of education to	14886
withhold therefrom fifty per cent of state revenues to school	14887
districts pursuant to ~~Chapters 3306. and~~Chapter 3317. of the	14888
Revised Code. The commissioner shall withhold the distribution of	14889
such revenues until the county auditor has complied with this	14890
division, and the department shall withhold the distribution of	14891
such revenues until the commissioner has notified the department	14892
that the county auditor has complied with this division.	14893

(H) If the commissioner is unable to certify a tax reduction	14894
factor for either class of property in a taxing district located	14895
in more than one county by the last day of November because	14896
information required under division (G) of this section is	14897
unavailable, the commissioner may compute and certify an estimated	14898
tax reduction factor for that district for that class. The	14899
estimated factor shall be based upon an estimate of the	14900
unavailable information. Upon receipt of the actual information	14901
for a taxing district that received an estimated tax reduction	14902
factor, the commissioner shall compute the actual tax reduction	14903
factor and use that factor to compute the taxes that should have	14904
been charged and payable against each parcel of property for the	14905
year for which the estimated reduction factor was used. The amount	14906
by which the estimated factor resulted in an overpayment or	14907
underpayment in taxes on any parcel shall be added to or	14908
subtracted from the amount due on that parcel in the ensuing tax	14909
year.	14910

A percentage or a tax reduction factor determined or computed	14911
by the commissioner under this section shall be used solely for	14912
the purpose of reducing the sums to be levied by the tax to which	14913
it applies for the year for which it was determined or computed.	14914
It shall not be used in making any tax computations for any	14915
ensuing tax year.	14916

(I) In making the determinations under division (D)(1) of	14917
this section, the tax commissioner shall take account of changes	14918
in the taxable value of carryover property resulting from	14919
complaints filed under section 5715.19 of the Revised Code for	14920
determinations made for the tax year in which such changes are	14921
reported to the commissioner. Such changes shall be reported to	14922
the commissioner on the first abstract of real property filed with	14923
the commissioner under section 5715.23 of the Revised Code	14924
following the date on which the complaint is finally determined by	14925
the board of revision or by a court or other authority with	14926
jurisdiction on appeal. The tax commissioner shall account for	14927
such changes in making the determinations only for the tax year in	14928
which the change in valuation is reported. Such a valuation change	14929
shall not be used to recompute the percentages determined under	14930
division (D)(1) of this section for any prior tax year.	14931

Sec. 323.78. Notwithstanding anything in Chapters 323.,	14932
5721., and 5723. of the Revised Code, if the county treasurer of a	14933
county in which a county land reutilization operates, in any	14934
petition for foreclosure of abandoned lands, or for foreclosure as	14935
a result of unpaid community development charges as described in	14936
section 349.17 of the Revised Code, elects to invoke the	14937
alternative redemption period, then upon any adjudication of	14938
foreclosure by any court or the board of revision in any	14939
proceeding under section 323.25, sections 323.65 to 323.79, or	14940
section 5721.18 of the Revised Code, the following apply:	14941

(A) Unless otherwise ordered by a motion of the court or	14942
board of revision, the petition shall assert, and any notice of	14943
final hearing shall include, that upon foreclosure of the parcel,	14944
the equity of redemption in any parcel by its owner shall be	14945
forever terminated after the expiration of the alternative	14946
redemption period, that the parcel thereafter may be sold at	14947
sheriff's sale either by itself or together with other parcels as	14948
permitted by law; or that the parcel may, by order of the court or	14949
board of revision, be transferred directly to a municipal	14950
corporation, township, county, new community authority, school	14951
district, or county land reutilization corporation without	14952
appraisal and without a sale, free and clear of all impositions	14953
and any other liens on the property, which shall be deemed forever	14954
satisfied and discharged.	14955

(B) After the expiration of the alternative redemption period	14956
following an adjudication of foreclosure, by order of the court or	14957
board of revision, any equity of redemption is forever	14958
extinguished, and the parcel may be transferred individually or in	14959
lots with other tax-foreclosed properties to a municipal	14960
corporation, township, county, new community authority, school	14961
district, or county land reutilization corporation without	14962
appraisal and without a sale, upon which all impositions and any	14963
other liens subordinate to liens for impositions due at the time	14964
the deed to the property is conveyed to a purchaser or transferred	14965
to a community development organization, county land reutilization	14966
corporation, municipal corporation, county, new community	14967
authority, township, or school district, shall be deemed satisfied	14968
and discharged. Other than the order of the court or board of	14969
revision so ordering the transfer of the parcel, no further act of	14970
confirmation or other order shall be required for such a transfer,	14971
or for the extinguishment of any right of redemption.	14972

(C) Upon the expiration of the alternative redemption period	14973
in cases to which the alternative redemption period has been	14974
ordered, if no community development organization, county land	14975
reutilization corporation, municipal corporation, county, new	14976
community authority, township, or school district has requested	14977
title to the parcel, the court or board of revision may order the	14978
property sold as otherwise provided in Chapters 323. and 5721. of	14979
the Revised Code, and, failing any bid at any such sale, the	14980
parcel shall be forfeited to the state and otherwise disposed of	14981
pursuant to Chapter 5723. of the Revised Code.	14982

Sec. 340.02. As used in this section, "mental health	14983
professional" means a person who is qualified to work with	14984
mentally ill persons, pursuant to standards established by the	14985
director of mental health under section 5119.611 of the Revised	14986
Code.	14987

For each alcohol, drug addiction, and mental health service	14988
district, there shall be appointed a board of alcohol, drug	14989
addiction, and mental health services of eighteen members. Nine	14990
members shall be interested in mental health programs and	14991
facilities and nine other members shall be interested in alcohol	14992
or drug addiction programs. All members shall be residents of the	14993
service district. The membership shall, as nearly as possible,	14994
reflect the composition of the population of the service district	14995
as to race and sex.	14996

The director of mental health shall appoint four members of	14997
the board, the director of alcohol and drug addiction services	14998
shall appoint four members, and the board of county commissioners	14999
shall appoint ten members. In a joint-county district, the county	15000
commissioners of each participating county shall appoint members	15001
in as nearly as possible the same proportion as that county's	15002
population bears to the total population of the district, except	15003
that at least one member shall be appointed from each	15004
participating county.	15005

The director of mental health shall ensure that at least one	15006
member of the board is a psychiatrist and one member of the board	15007
is a mental health professional. If the appointment of a	15008
psychiatrist is not possible, as determined under rules adopted by	15009
the director, a licensed physician may be appointed in place of	15010
the psychiatrist. If the appointment of a licensed physician is	15011
not possible, the director of mental health may waive the	15012
requirement that the psychiatrist or licensed physician be a	15013
resident of the service district and appoint a psychiatrist or	15014
licensed physician from a contiguous county. The director of	15015
mental health shall ensure that at least one member of the board	15016
is a person who has received or is receiving mental health	15017
services paid for by public funds and at least one member is a	15018
parent or other relative of such a person.	15019

The director of alcohol and drug addiction services shall	15020
ensure that at least one member of the board is a professional in	15021
the field of alcohol or drug addiction services and one member of	15022
the board is an advocate for persons receiving treatment for	15023
alcohol or drug addiction. Of the members appointed by the	15024
director of alcohol and drug addiction services, at least one	15025
shall be a person who has received or is receiving services for	15026
alcohol or drug addiction, and at least one shall be a parent or	15027
other relative of such a person.	15028

~~No member or employee of a board of alcohol, drug addiction,~~	15029
~~and mental health services shall serve as a member of the board of~~	15030
~~any agency with which the board of alcohol, drug addiction, and~~	15031
~~mental health services has entered into a contract for the~~	15032
~~provision of services or facilities. No member of a board of~~	15033
~~alcohol, drug addiction, and mental health services shall be an~~	15034
~~employee of any agency with which the board has entered into a~~	15035
~~contract for the provision of services or facilities. No person~~	15036
~~shall be an employee of a board and such an agency unless the~~	15037
~~board and agency both agree in writing.~~	15038

~~No person shall serve as a member of the board of alcohol,~~	15039
~~drug addiction, and mental health services whose spouse, child,~~	15040
~~parent, brother, sister, grandchild, stepparent, stepchild,~~	15041
~~stepbrother, stepsister, father-in-law, mother-in-law, son-in-law,~~	15042
~~daughter-in-law, brother-in-law, or sister-in-law serves as a~~	15043
~~member of the board of any agency with which the board of alcohol,~~	15044
~~drug addiction, and mental health services has entered into a~~	15045
~~contract for the provision of services or facilities.~~ No person	15046
shall serve as a member or employee of the board whose spouse,	15047
child, parent, brother, sister, stepparent, stepchild,	15048
stepbrother, stepsister, father-in-law, mother-in-law, son-in-law,	15049
daughter-in-law, brother-in-law, or sister-in-law serves as a	15050
county commissioner of a county or counties in the alcohol, drug	15051
addiction, and mental health service district.	15052

Each year each board member shall attend at least one	15053
inservice training session provided or approved by the department	15054
of mental health or the department of alcohol and drug addiction	15055
services. Such training sessions shall not be considered to be	15056
regularly scheduled meetings of the board.	15057

Each member shall be appointed for a term of four years,	15058
commencing the first day of July, except that one-third of initial	15059
appointments to a newly established board, and to the extent	15060
possible to expanded boards, shall be for terms of two years,	15061
one-third of initial appointments shall be for terms of three	15062
years, and one-third of initial appointments shall be for terms of	15063
four years. No member shall serve more than two consecutive	15064
four-year terms. A member may serve for three consecutive terms	15065
only if one of the terms is for less than two years. A member who	15066
has served two consecutive four-year terms or three consecutive	15067
terms totaling less than ten years is eligible for reappointment	15068
one year following the end of the second or third term,	15069
respectively.	15070

When a vacancy occurs, appointment for the expired or	15071
unexpired term shall be made in the same manner as an original	15072
appointment. The appointing authority shall be notified by	15073
certified mail of any vacancy and shall fill the vacancy within	15074
sixty days following that notice.	15075

Any member of the board may be removed from office by the	15076
appointing authority for neglect of duty, misconduct, or	15077
malfeasance in office, and shall be removed by the appointing	15078
authority if the member's spouse, child, parent, brother, sister,	15079
stepparent, stepchild, stepbrother, stepsister, father-in-law,	15080
mother-in-law, son-in-law, daughter-in-law, brother-in-law, or	15081
sister-in-law serves as a county commissioner of a county or	15082
counties in the service district ~~or serves as a member or employee~~	15083
~~of the board of an agency with which the board of alcohol, drug~~	15084
~~addiction, and mental health services has entered a contract for~~	15085
~~the provision of services or facilities~~. The member shall be	15086
informed in writing of the charges and afforded an opportunity for	15087
a hearing. Upon the absence of a member within one year from	15088
either four board meetings or from two board meetings without	15089
prior notice, the board shall notify the appointing authority,	15090
which may vacate the appointment and appoint another person to	15091
complete the member's term.	15092

Members of the board shall serve without compensation, but	15093
shall be reimbursed for actual and necessary expenses incurred in	15094
the performance of their official duties, as defined by rules of	15095
the departments of mental health and alcohol and drug addiction	15096
services.	15097

Sec. 340.03. (A) Subject to rules issued by the director of	15098
mental health after consultation with relevant constituencies as	15099
required by division ~~(A)(11)~~(L) of section 5119.06 of the Revised	15100
Code, with regard to mental health services, the board of alcohol,	15101
drug addiction, and mental health services shall:	15102

(1) Serve as the community mental health planning agency for	15103
the county or counties under its jurisdiction, and in so doing it	15104
shall:	15105

(a) Evaluate the need for facilities and community mental	15106
health services;	15107

(b) In cooperation with other local and regional planning and	15108
funding bodies and with relevant ethnic organizations, assess the	15109
community mental health needs, set priorities, and develop plans	15110
for the operation of facilities and community mental health	15111
services;	15112

(c) In accordance with guidelines issued by the director of	15113
mental health after consultation with board representatives,	15114
annually develop and submit to the department of mental health~~, no~~	15115
~~later than six months prior to the conclusion of the fiscal year~~	15116
~~in which the board's current plan is scheduled to expire,~~ a	15117
community mental health plan listing community mental health	15118
needs, including the needs of all residents of the district now	15119
residing in state mental institutions and severely mentally	15120
disabled adults, children, and adolescents; all children subject	15121
to a determination made pursuant to section 121.38 of the Revised	15122
Code; and all the facilities and community mental health services	15123
that are or will be in operation or provided during the period for	15124
which the plan will be in operation in the service district to	15125
meet such needs.	15126

The plan shall include, but not be limited to, a statement of	15127
which of the services listed in section 340.09 of the Revised Code	15128
the board intends to make available. The board must include crisis	15129
intervention services for individuals in an emergency situation in	15130
the plan and explain how the board intends to make such services	15131
available. The plan must also include ~~an explanation of how the~~	15132
~~board intends to make any payments that it may be required to pay~~	15133
~~under section 5119.62 of the Revised Code,~~ a statement of the	15134
inpatient and community-based services the board proposes that the	15135
department operate, an assessment of the number and types of	15136
residential facilities needed, such other information as the	15137
department requests, and a budget for moneys the board expects to	15138
receive. The ~~board shall also submit an allocation request for~~	15139
~~state and federal funds. Within sixty days after the department's~~	15140
~~determination that the plan and allocation request are complete,~~	15141
~~the~~ department shall approve or disapprove the plan ~~and request~~,	15142
in whole or in part, according to the criteria developed pursuant	15143
to section 5119.61 of the Revised Code. The department's statement	15144
of approval or disapproval shall specify the inpatient and the	15145
community-based services that the department will operate for the	15146
board. Eligibility for state and federal funding shall be	15147
contingent upon an approved plan or relevant part of a plan.	15148

~~If the director disapproves all or part of any plan, the~~	15149
~~director shall inform the board of the reasons for the disapproval~~	15150
~~and of the criteria that must be met before the plan may be~~	15151
~~approved. The director shall provide the board an opportunity to~~	15152
~~present its case on behalf of the plan. The director shall give~~	15153
~~the board a reasonable time in which to meet the criteria, and~~	15154
~~shall offer the board technical assistance to help it meet the~~	15155
~~criteria.~~	15156

~~If the approval of a plan remains in dispute thirty days~~	15157
~~prior to the conclusion of the fiscal year in which the board's~~	15158
~~current plan is scheduled to expire, the board or the director may~~	15159
~~request that the dispute be submitted to a mutually agreed upon~~	15160
~~third-party mediator with the cost to be shared by the board and~~	15161
~~the department. The mediator shall issue to the board and the~~	15162
~~department recommendations for resolution of the dispute. Prior to~~	15163
~~the conclusion of the fiscal year in which the current plan is~~	15164
~~scheduled to expire, the director, taking into consideration the~~	15165
~~recommendations of the mediator, shall make a final determination~~	15166
~~and approve or disapprove the plan, in whole or in part.~~	15167

If a board determines that it is necessary to amend a plan or	15168
an allocation request that has been approved under division	15169
(A)(1)(c) of this section, the board shall submit a proposed	15170
amendment to the director. The director may approve or disapprove	15171
all or part of the amendment. ~~If the director does not approve all~~	15172
~~or part of the amendment within thirty days after it is submitted,~~	15173
~~the amendment or part of it shall be considered to have been~~	15174
~~approved.~~ The director shall inform the board of the reasons for	15175
disapproval of all or part of an amendment and of the criteria	15176
that must be met before the amendment may be approved. The	15177
director shall provide the board an opportunity to present its	15178
case on behalf of the amendment. The director shall give the board	15179
a reasonable time in which to meet the criteria, and shall offer	15180
the board technical assistance to help it meet the criteria.	15181

The board shall implement the plan approved by the	15182
department.	15183

(d) ~~Receive, compile, and transmit to the department of~~	15184
~~mental health applications for state reimbursement;~~	15185

~~(e)~~ Promote, arrange, and implement working agreements with	15186
social agencies, both public and private, and with judicial	15187
agencies.	15188

(2) Investigate, or request another agency to investigate,	15189
any complaint alleging abuse or neglect of any person receiving	15190
services from a community mental health agency as defined in	15191
section 5122.01 of the Revised Code, or from a residential	15192
facility licensed under section 5119.22 of the Revised Code. If	15193
the investigation substantiates the charge of abuse or neglect,	15194
the board shall take whatever action it determines is necessary to	15195
correct the situation, including notification of the appropriate	15196
authorities. Upon request, the board shall provide information	15197
about such investigations to the department.	15198

(3) For the purpose of section 5119.611 of the Revised Code,	15199
cooperate with the director of mental health in visiting and	15200
evaluating whether the services of a community mental health	15201
agency satisfy the certification standards established by rules	15202
adopted under that section;	15203

(4) In accordance with criteria established under division	15204
~~(G)~~(E) of section 5119.61 of the Revised Code, review and evaluate	15205
the quality, effectiveness, and efficiency of services provided	15206
through its community mental health plan and submit its findings	15207
and recommendations to the department of mental health;	15208

(5) In accordance with section 5119.22 of the Revised Code,	15209
review applications for residential facility licenses and	15210
recommend to the department of mental health approval or	15211
disapproval of applications;	15212

(6) Audit, in accordance with rules adopted by the auditor of	15213
state pursuant to section 117.20 of the Revised Code, at least	15214
annually all programs and services provided under contract with	15215
the board. In so doing, the board may contract for or employ the	15216
services of private auditors. A copy of the fiscal audit report	15217
shall be provided to the director of mental health, the auditor of	15218
state, and the county auditor of each county in the board's	15219
district.	15220

(7) Recruit and promote local financial support for mental	15221
health programs from private and public sources;	15222

(8)(a) Enter into contracts with public and private	15223
facilities for the operation of facility services included in the	15224
board's community mental health plan and enter into contracts with	15225
public and private community mental health agencies for the	15226
provision of community mental health services that are listed in	15227
section 340.09 of the Revised Code and included in the board's	15228
community mental health plan. The board may not contract with a	15229
community mental health agency to provide community mental health	15230
services included in the board's community mental health plan	15231
unless the services are certified by the director of mental health	15232
under section 5119.611 of the Revised Code. Section 307.86 of the	15233
Revised Code does not apply to contracts entered into under this	15234
division. In contracting with a community mental health agency, a	15235
board shall consider the cost effectiveness of services provided	15236
by that agency and the quality and continuity of care, and may	15237
review cost elements, including salary costs, of the services to	15238
be provided. A utilization review process shall be established as	15239
part of the contract for services entered into between a board and	15240
a community mental health agency. The board may establish this	15241
process in a way that is most effective and efficient in meeting	15242
local needs. ~~In the case of~~Until July 1, 2012, a contract with a	15243
community mental health agency or facility, as defined in section	15244
5111.023 of the Revised Code, to provide services listed in	15245
division (B) of that section~~, the contract~~ shall provide for the	15246
agency or facility to be paid in accordance with the contract	15247
entered into between the departments of job and family services	15248
and mental health under section 5111.91 of the Revised Code and	15249
any rules adopted under division (A) of section 5119.61 of the	15250
Revised Code.	15251

If either the board or a facility or community mental health	15252
agency with which the board contracts under division (A)(8)(a) of	15253
this section proposes not to renew the contract or proposes	15254
substantial changes in contract terms, the other party shall be	15255
given written notice at least one hundred twenty days before the	15256
expiration date of the contract. During the first sixty days of	15257
this one hundred twenty-day period, both parties shall attempt to	15258
resolve any dispute through good faith collaboration and	15259
negotiation in order to continue to provide services to persons in	15260
need. If the dispute has not been resolved sixty days before the	15261
expiration date of the contract, either party may ~~notify the~~	15262
~~department of mental health of the unresolved dispute. The~~	15263
~~director may require~~request that both parties to submit the	15264
dispute to a third party with the cost to be shared by the board	15265
and the facility or community mental health agency. The third	15266
party shall issue to the board~~, the~~and facility or agency~~, and~~	15267
~~the department~~ recommendations on how the dispute may be resolved	15268
twenty days prior to the expiration date of the contract, unless	15269
both parties agree to a time extension. ~~The director shall adopt~~	15270
~~rules establishing the procedures of this dispute resolution~~	15271
~~process.~~	15272

(b) With the prior approval of the director of mental health,	15273
a board may operate a facility or provide a community mental	15274
health service as follows, if there is no other qualified private	15275
or public facility or community mental health agency that is	15276
immediately available and willing to operate such a facility or	15277
provide the service:	15278

(i) In an emergency situation, any board may operate a	15279
facility or provide a community mental health service in order to	15280
provide essential services for the duration of the emergency;	15281

(ii) In a service district with a population of at least one	15282
hundred thousand but less than five hundred thousand, a board may	15283
operate a facility or provide a community mental health service	15284
for no longer than one year;	15285

(iii) In a service district with a population of less than	15286
one hundred thousand, a board may operate a facility or provide a	15287
community mental health service for no longer than one year,	15288
except that such a board may operate a facility or provide a	15289
community mental health service for more than one year with the	15290
prior approval of the director and the prior approval of the board	15291
of county commissioners, or of a majority of the boards of county	15292
commissioners if the district is a joint-county district.	15293

The director shall not give a board approval to operate a	15294
facility or provide a community mental health service under	15295
division (A)(8)(b)(ii) or (iii) of this section unless the	15296
director determines that it is not feasible to have the department	15297
operate the facility or provide the service.	15298

The director shall not give a board approval to operate a	15299
facility or provide a community mental health service under	15300
division (A)(8)(b)(iii) of this section unless the director	15301
determines that the board will provide greater administrative	15302
efficiency and more or better services than would be available if	15303
the board contracted with a private or public facility or	15304
community mental health agency.	15305

The director shall not give a board approval to operate a	15306
facility previously operated by a person or other government	15307
entity unless the board has established to the director's	15308
satisfaction that the person or other government entity cannot	15309
effectively operate the facility or that the person or other	15310
government entity has requested the board to take over operation	15311
of the facility. The director shall not give a board approval to	15312
provide a community mental health service previously provided by a	15313
community mental health agency unless the board has established to	15314
the director's satisfaction that the agency cannot effectively	15315
provide the service or that the agency has requested the board	15316
take over providing the service.	15317

The director shall review and evaluate a board's operation of	15318
a facility and provision of community mental health service under	15319
division (A)(8)(b) of this section.	15320

Nothing in division (A)(8)(b) of this section authorizes a	15321
board to administer or direct the daily operation of any facility	15322
or community mental health agency, but a facility or agency may	15323
contract with a board to receive administrative services or staff	15324
direction from the board under the direction of the governing body	15325
of the facility or agency.	15326

(9) Approve fee schedules and related charges or adopt a unit	15327
cost schedule or other methods of payment for contract services	15328
provided by community mental health agencies in accordance with	15329
guidelines issued by the department as necessary to comply with	15330
state and federal laws pertaining to financial assistance;	15331

(10) Submit to the director and the county commissioners of	15332
the county or counties served by the board, and make available to	15333
the public, an annual report of the programs under the	15334
jurisdiction of the board, including a fiscal accounting;	15335

(11) Establish, to the extent resources are available, a	15336
community support system, which provides for treatment, support,	15337
and rehabilitation services and opportunities. The essential	15338
elements of the system include, but are not limited to, the	15339
following components in accordance with section 5119.06 of the	15340
Revised Code:	15341

(a) To locate persons in need of mental health services to	15342
inform them of available services and benefits mechanisms;	15343

(b) Assistance for clients to obtain services necessary to	15344
meet basic human needs for food, clothing, shelter, medical care,	15345
personal safety, and income;	15346

(c) Mental health care, including, but not limited to,	15347
outpatient, partial hospitalization, and, where appropriate,	15348
inpatient care;	15349

(d) Emergency services and crisis intervention;

15350

(e) Assistance for clients to obtain vocational services and	15351
opportunities for jobs;	15352

(f) The provision of services designed to develop social,	15353
community, and personal living skills;	15354

(g) Access to a wide range of housing and the provision of	15355
residential treatment and support;	15356

(h) Support, assistance, consultation, and education for	15357
families, friends, consumers of mental health services, and	15358
others;	15359

(i) Recognition and encouragement of families, friends,	15360
neighborhood networks, especially networks that include racial and	15361
ethnic minorities, churches, community organizations, and	15362
meaningful employment as natural supports for consumers of mental	15363
health services;	15364

(j) Grievance procedures and protection of the rights of	15365
consumers of mental health services;	15366

(k) Case management, which includes continual individualized	15367
assistance and advocacy to ensure that needed services are offered	15368
and procured.	15369

(12) Designate the treatment program, agency, or facility for	15370
each person involuntarily committed to the board pursuant to	15371
Chapter 5122. of the Revised Code and authorize payment for such	15372
treatment. The board shall provide the least restrictive and most	15373
appropriate alternative that is available for any person	15374
involuntarily committed to it and shall assure that the services	15375
listed in section 340.09 of the Revised Code are available to	15376
severely mentally disabled persons residing within its service	15377
district. The board shall establish the procedure for authorizing	15378
payment for services, which may include prior authorization in	15379
appropriate circumstances. The board may provide for services	15380
directly to a severely mentally disabled person when life or	15381
safety is endangered and when no community mental health agency is	15382
available to provide the service.	15383

(13) Establish a method for evaluating referrals for	15384
involuntary commitment and affidavits filed pursuant to section	15385
5122.11 of the Revised Code in order to assist the probate	15386
division of the court of common pleas in determining whether there	15387
is probable cause that a respondent is subject to involuntary	15388
hospitalization and what alternative treatment is available and	15389
appropriate, if any;	15390

(14) Ensure that apartments or rooms built, subsidized,	15391
renovated, rented, owned, or leased by the board or a community	15392
mental health agency have been approved as meeting minimum fire	15393
safety standards and that persons residing in the rooms or	15394
apartments are receiving appropriate and necessary services,	15395
including culturally relevant services, from a community mental	15396
health agency. This division does not apply to residential	15397
facilities licensed pursuant to section 5119.22 of the Revised	15398
Code.	15399

(15) Establish a mechanism for involvement of consumer	15400
recommendation and advice on matters pertaining to mental health	15401
services in the alcohol, drug addiction, and mental health service	15402
district;	15403

(16) Perform the duties under section ~~3722.18~~5119.88 of the	15404
Revised Code required by rules adopted under section 5119.61 of	15405
the Revised Code regarding referrals by the board or mental health	15406
agencies under contract with the board of individuals with mental	15407
illness or severe mental disability to adult care facilities and	15408
effective arrangements for ongoing mental health services for the	15409
individuals. The board is accountable in the manner specified in	15410
the rules for ensuring that the ongoing mental health services are	15411
effectively arranged for the individuals.	15412

(B) The board shall establish such rules, operating	15413
procedures, standards, and bylaws, and perform such other duties	15414
as may be necessary or proper to carry out the purposes of this	15415
chapter.	15416

(C) A board of alcohol, drug addiction, and mental health	15417
services may receive by gift, grant, devise, or bequest any	15418
moneys, lands, or property for the benefit of the purposes for	15419
which the board is established, and may hold and apply it	15420
according to the terms of the gift, grant, or bequest. All money	15421
received, including accrued interest, by gift, grant, or bequest	15422
shall be deposited in the treasury of the county, the treasurer of	15423
which is custodian of the alcohol, drug addiction, and mental	15424
health services funds to the credit of the board and shall be	15425
available for use by the board for purposes stated by the donor or	15426
grantor.	15427

(D) No board member or employee of a board of alcohol, drug	15428
addiction, and mental health services shall be liable for injury	15429
or damages caused by any action or inaction taken within the scope	15430
of the board member's official duties or the employee's	15431
employment, whether or not such action or inaction is expressly	15432
authorized by this section, section 340.033, or any other section	15433
of the Revised Code, unless such action or inaction constitutes	15434
willful or wanton misconduct. Chapter 2744. of the Revised Code	15435
applies to any action or inaction by a board member or employee of	15436
a board taken within the scope of the board member's official	15437
duties or employee's employment. For the purposes of this	15438
division, the conduct of a board member or employee shall not be	15439
considered willful or wanton misconduct if the board member or	15440
employee acted in good faith and in a manner that the board member	15441
or employee reasonably believed was in or was not opposed to the	15442
best interests of the board and, with respect to any criminal	15443
action or proceeding, had no reasonable cause to believe the	15444
conduct was unlawful.	15445

(E) The meetings held by any committee established by a board	15446
of alcohol, drug addiction, and mental health services shall be	15447
considered to be meetings of a public body subject to section	15448
121.22 of the Revised Code.	15449

Sec. 340.05. A community mental health agency that receives	15450
a complaint under section ~~3722.17~~5119.87 of the Revised Code	15451
alleging abuse or neglect of an individual with mental illness or	15452
severe mental disability who resides in an adult care facility	15453
shall report the complaint to the board of alcohol, drug	15454
addiction, and mental health services serving the alcohol, drug	15455
addiction, and mental health service district in which the adult	15456
care facility is located. A board of alcohol, drug addiction, and	15457
mental health services that receives such a complaint or a report	15458
from a community mental health agency of such a complaint shall	15459
report the complaint to the director of mental health for the	15460
purpose of the director conducting an investigation under section	15461
~~3722.17~~5119.87 of the Revised Code. The board may enter the adult	15462
care facility with or without the director and, if the health and	15463
safety of a resident is in immediate danger, take any necessary	15464
action to protect the resident. The board's action shall not	15465
violate any resident's rights under section ~~3722.12~~5119.81 of the	15466
Revised Code and rules adopted by the ~~public health council~~	15467
department of mental health under ~~that chapter~~sections 5119.70 to	15468
5119.88 of the Revised Code. The board shall immediately report to	15469
the director regarding the board's actions under this section.	15470

Sec. 340.091. Each board of alcohol, drug addiction, and	15471
mental health services shall contract with a community mental	15472
health agency under division (A)(8)(a) of section 340.03 of the	15473
Revised Code for the agency to do all of the following in	15474
accordance with rules adopted under section 5119.61 of the Revised	15475
Code for an individual referred to the agency under division	15476
(C)(2) of section ~~173.35~~5119.69 of the Revised Code:	15477

(A) Assess the individual to determine whether to recommend	15478
that a ~~PASSPORT~~residential state supplement administrative agency	15479
designated under section 5119.69 of the Revised Code determine	15480
that the environment in which the individual will be living while	15481
receiving residential state supplement payments is appropriate for	15482
the individual's needs and, if it determines the environment is	15483
appropriate, issue the recommendation to the ~~PASSPORT~~residential	15484
state supplement administrative agency;	15485

(B) Provide ongoing monitoring to ensure that services	15486
provided under section 340.09 of the Revised Code are available to	15487
the individual;	15488

(C) Provide discharge planning to ensure the individual's	15489
earliest possible transition to a less restrictive environment.	15490

Sec. 340.11. ~~(A)~~ A board of alcohol, drug addiction, and	15491
mental health services may procure a policy or policies of	15492
insurance insuring board members or employees of the board or	15493
agencies with which the board contracts against liability arising	15494
from the performance of their official duties. If the liability	15495
insurance is unavailable or the amount a board has procured or is	15496
able to procure is insufficient to cover the amount of a claim,	15497
the board may indemnify a board member or employee as follows:	15498

~~(1)~~(A) For any action or inaction in ~~his~~the capacity ~~as a~~of	15499
board member or employee or at the request of the board, whether	15500
or not the action or inaction is expressly authorized by this or	15501
any other section of the Revised Code, if:	15502

~~(a)~~(1) The board member or employee acted in good faith and	15503
in a manner that hethe board member or employee reasonably	15504
believed was in or was not opposed to the best interests of the	15505
board; and	15506

~~(b)~~(2) With respect to any criminal action or proceeding, the	15507
board member or employee had no reason to believe ~~his~~the board	15508
member's or employee's conduct was unlawful.	15509

~~(2)~~(B) Against any expenses, including attorneys' fees, the	15510
board member or employee actually and reasonably incurs as a	15511
result of a suit or other proceeding involving the defense of any	15512
action or inaction in ~~his~~the capacity ~~as a~~of board member or	15513
employee or at the request of the board, or in defense of any	15514
claim, issue, or matter raised in connection with the defense of	15515
such an action or inaction, to the extent that the board member or	15516
employee is successful on the merits or otherwise.	15517

~~(B) The board may utilize up to that per cent of its budget~~	15518
~~as approved by the department of mental health to purchase~~	15519
~~insurance and to pool with funds of other boards of alcohol, drug~~	15520
~~addiction, and mental health services, as provided in division (E)~~	15521
~~of section 5119.62 of the Revised Code, to pay expenditures for~~	15522
~~utilization of state hospital facilities that exceed the amount~~	15523
~~allocated to the board under the formula developed under that~~	15524
~~section.~~	15525

Sec. 341.192. (A) As used in this section:

15526

(1) "Jail" means a county jail, or a multicounty,	15527
municipal-county, or multicounty-municipal correctional center.	15528

(2) "Medical assistance program" has the same meaning as in	15529
section 2913.40 of the Revised Code.	15530

~~(2)~~(3) "Medical provider" means a physician, hospital,	15531
laboratory, pharmacy, or other health care provider that is not	15532
employed by or under contract to a county, municipal corporation,	15533
township, the department of youth services, or the department of	15534
rehabilitation and correction to provide medical services to	15535
persons confined in ~~the county~~a jail or a state correctional	15536
institution, or is in the custody of a law enforcement officer.	15537

~~(3)~~(4) "Necessary care" means medical care of a nonelective	15538
nature that cannot be postponed until after the period of	15539
confinement of a person who is confined in a ~~county~~ jail or a	15540
state correctional institution, or is in the custody of a law	15541
enforcement officer without endangering the life or health of the	15542
person.	15543

(B) If a physician employed by or under contract to a county,	15544
municipal corporation, township, the department of youth services,	15545
or the department of rehabilitation and correction to provide	15546
medical services to persons confined in ~~the county~~a jail or state	15547
correctional institution determines that a person who is confined	15548
in the ~~county~~ jail or a state correctional institution or who is	15549
in the custody of a law enforcement officer prior to the person's	15550
confinement in ~~the county~~a jail or a state correctional	15551
institution requires necessary care that the physician cannot	15552
provide, the necessary care shall be provided by a medical	15553
provider. The county, municipal corporation, township, the	15554
department of youth services, or the department of rehabilitation	15555
and correction shall pay a medical provider for necessary care an	15556
amount not exceeding the authorized reimbursement rate for the	15557
same service established by the department of job and family	15558
services under the medical assistance program.	15559

Sec. 341.35. The board of county commissioners of a county	15560
with a county jail, workhouse, minimum security misdemeanant jail,	15561
or other correctional facility may enter into a contract under	15562
section 9.06 of the Revised Code for the private operation and	15563
management of that facility~~, but only if the facility is used to~~	15564
~~house only misdemeanant inmates~~.	15565

Sec. 349.01. As used in this chapter:

15566

(A) "New community" means a community or an addition to an	15567
existing community planned pursuant to this chapter so that it	15568
includes facilities for the conduct of industrial, commercial,	15569
residential, cultural, educational, and recreational activities,	15570
and designed in accordance with planning concepts for the	15571
placement of utility, open space, and other supportive facilities.	15572

~~In the case of a new community authority established on~~ or	15573
~~after the effective date of this amendment and before January 1,~~	15574
~~2012, "new community" may mean~~ a community or development of	15575
property planned under this chapter in relation to an existing	15576
community so that the community includes facilities for the	15577
conduct of community activities, and is designed in accordance	15578
with planning concepts for the placement of utility, open space,	15579
and other supportive facilities for the community.	15580

(B) "New community development program" means a program for	15581
the development of a new community characterized by well-balanced	15582
and diversified land use patterns and which includes land	15583
acquisition and land development, the acquisition, construction,	15584
operation, and maintenance of community facilities, and the	15585
provision of services authorized in this chapter.	15586

~~In the case of a new community authority established on or~~	15587
~~after the effective date of this amendment and before January 1,~~	15588
~~2012, a~~A new community development program may take into account	15589
any existing community in relation to which a new community is	15590
developed for purposes of being characterized by well-balanced and	15591
diversified land use patterns.	15592

(C) "New community district" means the area of land described	15593
by the developer in the petition as set forth in division (A) of	15594
section 349.03 of the Revised Code for development as a new	15595
community and any lands added to the district by amendment of the	15596
resolution establishing the community authority.	15597

(D) "New community authority" means a body corporate and	15598
politic in this state, established pursuant to section 349.03 of	15599
the Revised Code and governed by a board of trustees as provided	15600
in section 349.04 of the Revised Code.	15601

(E) "Developer" means any person, organized for carrying out	15602
a new community development program who owns or controls, through	15603
leases of at least ~~seventy-five~~forty years' duration, options, or	15604
contracts to purchase, the land within a new community district,	15605
or any municipal corporation, county, or port authority that owns	15606
the land within a new community district, or has the ability to	15607
acquire such land, either by voluntary acquisition or condemnation	15608
in order to eliminate slum, blighted, and deteriorated or	15609
deteriorating areas and to prevent the recurrence thereof. ~~In the~~	15610
~~case of a new community authority established on or after the~~	15611
~~effective date of this amendment and before January 1, 2012,~~	15612
~~"developer" may mean a person, municipal corporation, county, or~~	15613
~~port authority that controls land within a new community district~~	15614
~~through leases of at least forty years' duration.~~	15615

(F) "Organizational board of commissioners" means, if the new	15616
community district is located in only one county, the board of	15617
county commissioners of such county; if located in more than one	15618
county, a board consisting of the members of the board of county	15619
commissioners of each of the counties in which the district is	15620
located, provided that action of such board shall require a	15621
majority vote of the members of each separate board of county	15622
commissioners; or, if more than half of the new community district	15623
is located within the boundaries of ~~the most populous~~a municipal	15624
corporation ~~of a county~~, the legislative authority of the	15625
municipal corporation.	15626

(G) "Land acquisition" means the acquisition of real property	15627
and interests in real property as part of a new community	15628
development program.	15629

(H) "Land development" means the process of clearing and	15630
grading land, making, installing, or constructing water	15631
distribution systems, sewers, sewage collection systems, steam,	15632
gas, and electric lines, roads, streets, curbs, gutters,	15633
sidewalks, storm drainage facilities, and other installations or	15634
work, whether within or without the new community district, and	15635
the construction of community facilities.	15636

(I)~~(1)~~ "Community facilities" means all real property,	15637
buildings, structures, or other facilities, including related	15638
fixtures, equipment, and furnishings, to be owned, operated,	15639
financed, constructed, and maintained under this chapter,	15640
including public, community, village, neighborhood, or town	15641
buildings, centers and plazas, auditoriums, day care centers,	15642
recreation halls, educational facilities, hospital facilities as	15643
defined in section 140.01 of the Revised Code, recreational	15644
facilities, natural resource facilities, including parks and other	15645
open space land, lakes and streams, cultural facilities, community	15646
streets, including off-street parking facilities, pathway and	15647
bikeway systems, pedestrian underpasses and overpasses, lighting	15648
facilities, design amenities, or other community facilities, and	15649
buildings needed in connection with water supply or sewage	15650
disposal installations or steam, gas, or electric lines or	15651
installation.	15652

~~(2) In the case of a new community authority established on~~	15653
or ~~after the effective date of this amendment and before January~~	15654
~~1, 2012, "community facilities" may mean, in addition to the~~	15655
~~facilities authorized in division (I)(1) of this section, any~~	15656
other community facilities that are owned, operated, financed,	15657
constructed, or maintained for, relating to, or in furtherance of	15658
community activities, including, but not limited to, town	15659
buildings or other facilities, and health care facilities	15660
including, but limited to, hospital facilities~~, and off-street~~	15661
~~parking facilities~~.	15662

(J) "Cost" as applied to a new community development program	15663
means all costs related to land acquisition and land development,	15664
the acquisition, construction, maintenance, and operation of	15665
community facilities and offices of the community authority, and	15666
of providing furnishings and equipment therefor, financing charges	15667
including interest prior to and during construction and for the	15668
duration of the new community development program, planning	15669
expenses, engineering expenses, administrative expenses including	15670
working capital, and all other expenses necessary and incident to	15671
the carrying forward of the new community development program.	15672

(K) "Income source" means any and all sources of income to	15673
the community authority, including community development charges	15674
of which the new community authority is the beneficiary as	15675
provided in section 349.07 of the Revised Code, rentals, user fees	15676
and other charges received by the new community authority, any	15677
gift or grant received, any moneys received from any funds	15678
invested by or on behalf of the new community authority, and	15679
proceeds from the sale or lease of land and community facilities.	15680

(L) "Community development charge" means:

15681

(1) A dollar amount ~~which~~that shall be determined on the	15682
basis of the assessed valuation of real property or interests in	15683
real property in a new community district sold, leased, or	15684
otherwise conveyed by the developer or the new community	15685
authority, the income of the residents of such property subject to	15686
such charge under section 349.07 of the Revised Code, if such	15687
property is devoted to residential uses or to the profits of any	15688
business, a uniform fee on each parcel of such real property	15689
originally sold, leased, or otherwise conveyed by the developer or	15690
new community authority, or any combination of the foregoing	15691
bases.	15692

(2) ~~For a new community authority that is established on or~~	15693
~~after the effective date of this amendment and before January 1,~~	15694
~~2012, "community development charge" includes, in addition to the~~	15695
~~charges authorized in division (L)(1) of this section, a~~A charge	15696
determined on the basis of all or a part of the income of the	15697
residents of real property within the new community district if	15698
such property is devoted to residential uses, or all or a part of	15699
the profits, gross receipts, retail sales or other revenues of any	15700
business operating in the new community district. If the charge is	15701
based upon every retail sale made in the new community district,	15702
the charge is not part of the price but is a collection for the	15703
benefit of the new community authority levying the charge.	15704

(3) As used in this division, "retail sale" has the same	15705
meaning as in section 5739.01 of the Revised Code, and it excludes	15706
sales described in division (B) of section 5739.02 of the Revised	15707
Code.	15708

(M) "Proximate city" means, as of the date of filing of the	15709
petition under section 349.03 of the Revised Code, any municipal	15710
corporation in which any portion of the proposed new community	15711
district is located, or if more than one-half of the proposed new	15712
community district is contained within a joint economic	15713
development district under sections 715.70 to 715.83 of the	15714
Revised Code, "proximate city" means the township containing the	15715
greatest portion of such district. Otherwise, "proximate city"	15716
means any city that, as of the date of filing of the petition	15717
under section 349.03 of the Revised Code, is the city with the	15718
greatest population located in the county in which the proposed	15719
new community district is located, is the city with the greatest	15720
population located in an adjoining county if any portion of such	15721
city is within five miles of any part of the boundaries of such	15722
district, or exercises extraterritorial subdivision authority	15723
under section 711.09 of the Revised Code with respect to any part	15724
of such district.	15725

(N) "Community activities" means cultural, educational,	15726
governmental, recreational, residential, industrial, commercial,	15727
distribution and research activities, or any combination thereof	15728
that includes residential activities.	15729

Sec. 349.03. (A) Proceedings for the organization of a new	15730
community authority shall be initiated by a petition filed by the	15731
developer ~~in the office of~~with the clerk of the organizational	15732
board of ~~county~~ commissioners ~~of one of the counties in which all~~	15733
~~or part of~~for the proposed new community district ~~is located~~.	15734
Such petition shall be signed by the developer and may be signed	15735
by each proximate city. The legislative authorities of each such	15736
proximate city shall act in behalf of such proximate city. Such	15737
petition shall contain:	15738

(1) The name of the proposed new community authority;

15739

(2) The address where the principal office of the authority	15740
will be located or the manner in which the location will be	15741
selected;	15742

(3) A map and a full and accurate description of the	15743
boundaries of the new community district together with a	15744
description of the properties within such boundaries, if any,	15745
which will not be included in the new community district. Unless	15746
more than one-half of the proposed new community district is or	15747
was contained within a joint economic development district under	15748
sections 715.70 to 715.83 of the Revised Code or the district is	15749
wholly contained within municipalities, the total acreage included	15750
in such district shall not be less than one thousand acres, all of	15751
which acreage shall be owned by, or under the control through	15752
leases of at least ~~seventy-five~~forty years' duration, options, or	15753
contracts to purchase, of the developer, if the developer is a	15754
private entity. Such acreage shall be developable as one	15755
functionally interrelated community~~. In the case of a new~~	15756
~~community authority established on~~ or ~~after the effective date of~~	15757
~~this amendment and before January 1, 2012, such leases may be of~~	15758
~~not less than forty years' duration, and the acreage may be~~	15759
~~developable~~ so that the community is one functionally interrelated	15760
community.	15761

(4) A statement setting forth the zoning regulations proposed	15762
for zoning the area within the boundaries of the new community	15763
district for comprehensive development as a new community, and if	15764
the area has been zoned for such development, a certified copy of	15765
the applicable zoning regulations therefor;	15766

(5) A current plan indicating the proposed development	15767
program for the new community district, the land acquisition and	15768
land development activities, community facilities, services	15769
proposed to be undertaken by the new community authority under	15770
such program, the proposed method of financing such activities and	15771
services, including a description of the bases, timing, and manner	15772
of collecting any proposed community development charges, and the	15773
projected total residential population of, and employment within,	15774
the new community;	15775

(6) A suggested number of members, consistent with section	15776
349.04 of the Revised Code, for the board of trustees;	15777

(7) A preliminary economic feasibility analysis, including	15778
the area development pattern and demand, location and proposed new	15779
community district size, present and future socio-economic	15780
conditions, public services provision, financial plan, and the	15781
developer's management capability;	15782

(8) A statement that the development will comply with all	15783
applicable environmental laws and regulations.	15784

Upon the filing of such petition, the organizational board of	15785
commissioners shall determine whether such petition complies with	15786
the requirements of this section as to form and substance. The	15787
board in subsequent proceedings may at any time permit the	15788
petition to be amended in form and substance to conform to the	15789
facts by correcting any errors in the description of the proposed	15790
new community district or in any other particular.	15791

Upon the determination of the organizational board of	15792
commissioners that a sufficient petition has been filed in	15793
accordance with this section, the board shall fix the time and	15794
place of a hearing on the petition for the establishment of the	15795
proposed new community authority. Such ~~hearing shall be held not~~	15796
~~less than ninety-five nor more than one hundred fifteen days after~~	15797
~~the petition filing date, except that if the petition has been~~	15798
~~signed by all proximate cities, such~~ hearing shall be held not	15799
less than thirty nor more than forty-five days after the petition	15800
filing date. The clerk of the organizational board of ~~county~~	15801
commissioners with which the petition was filed shall give notice	15802
thereof by publication once each week for three consecutive weeks	15803
in a newspaper of general circulation in any county of which a	15804
portion is within the proposed new community district. Such clerk	15805
shall also give written notice of the date, time, and place of the	15806
hearing and furnish a certified copy of the petition to the clerk	15807
of the legislative authority of each proximate city which has not	15808
signed such petition. In the event that the legislative authority	15809
of a proximate city which did not sign the petition ~~does not~~	15810
~~approve~~disapproves by ordinance, resolution, or motion the	15811
establishment of the proposed new community authority and ~~does not~~	15812
~~deliver~~delivers such ordinance, resolution, or motion to the	15813
clerk of the organizational board of ~~county~~ commissioners with	15814
which the petition was filed within ~~ninety~~twenty-eight days	15815
following the date of the ~~first publication of the~~ notice	15816
delivered to the clerk of the ~~public hearing~~legislative authority	15817
of the proximate city, the organizational board of commissioners	15818
shall cancel such public hearing and terminate the proceedings for	15819
the establishment of the new community authority. Any disapproval	15820
by the proximate city must be for good cause shown that the	15821
proposed new community district will not be conducive to the	15822
public health, safety, convenience, and welfare, and is not	15823
intended to result in the development of a new community.	15824

Upon the hearing, if the organizational board of	15825
commissioners determines by resolution that the proposed new	15826
community district will be conducive to the public health, safety,	15827
convenience, and welfare, and is intended to result in the	15828
development of a new community, and if at least twenty-eight days	15829
have elapsed following the date of the notice delivered to the	15830
clerk of the legislative authority of each proximate city that has	15831
not signed the petition and no disapproval of a proximate city for	15832
good cause shown has been received by the clerk of the	15833
organizational board of commissioners, the board shall by its	15834
resolution, entered of record in its journal ~~and the journal of~~	15835
~~the board of county commissioners with which the petition was~~	15836
~~filed~~, declare the new community authority to be organized and a	15837
body politic and corporate with the corporate name designated in	15838
the resolution, and define the boundary of the new community	15839
district. In addition, the resolution shall provide the method of	15840
selecting the board of trustees of the new community authority and	15841
fix the surety for their bonds in accordance with section 349.04	15842
of the Revised Code.	15843

If the organizational board of commissioners finds that the	15844
establishment of the district will not be conducive to the public	15845
health, safety, convenience, or welfare, or is not intended to	15846
result in the development of a new community, or if the clerk of	15847
the organizational board of commissioners has received a	15848
disapproval for good cause shown from a proximate city, it shall	15849
reject the petition thereby terminating the proceedings for the	15850
establishment of the new community authority.	15851

(B) At any time after the creation of a new community	15852
authority, the developer may file an application with the ~~clerk of~~	15853
~~the~~organizational board of ~~county~~ commissioners ~~of the county in~~	15854
with which the original petition was filed, setting forth a	15855
general description of territory it desires to add or to delete	15856
from such district, that such change will be conducive to the	15857
public health, safety, convenience, and welfare, and will be	15858
consistent with the development of a new community and will not	15859
jeopardize the plan of the new community. If the developer is not	15860
a municipal corporation, port authority, or county, all of such an	15861
addition to such a district shall be owned by, or under the	15862
control through leases of at least ~~seventy-five~~forty years'	15863
duration, options, or contracts to purchase, of the developer. In	15864
~~the case of a new community authority established on or after the~~	15865
~~effective date of this amendment and before January 1, 2012, such~~	15866
~~leases may be of not less than forty years' duration.~~ Upon the	15867
filing of the application, the organizational board of	15868
commissioners shall follow the same procedure as required by this	15869
section in relation to the petition for the establishment of the	15870
proposed new community.	15871

(C) If all or any part of the new community district is	15872
annexed to one or more existing municipal corporations, their	15873
legislative authorities may appoint persons to replace any	15874
appointed citizen member of the board of trustees. The number of	15875
such trustees to be replaced by the municipal corporation shall be	15876
the number, rounded to the lowest integer, bearing the	15877
proportionate relationship to the number of existing appointed	15878
citizen members as the acreage of the new community district	15879
within such municipal corporation bears to the total acreage of	15880
the new community district. If any such municipal corporation	15881
chooses to replace an appointed citizen member, it shall do so by	15882
ordinance, the term of the trustee being replaced shall terminate	15883
thirty days from the date of passage of such ordinance, and the	15884
trustee to be replaced shall be determined by lot. Each newly	15885
appointed member shall assume the term of the member's	15886
predecessor.	15887

Sec. 349.04. The following method of selecting a board of	15888
trustees is deemed to be a compelling state interest. Within ten	15889
days after the new community authority has been established, as	15890
provided in section 349.03 of the Revised Code, an initial board	15891
of trustees shall be appointed as follows;: the organizational	15892
board of commissioners shall appoint by resolution at least three,	15893
but not more than six, citizen members of the board of trustees to	15894
represent the interests of present and future residents and	15895
employers of the new community district and one member to serve as	15896
a representative of local government, and the developer shall	15897
appoint a number of members equal to the number of citizen members	15898
to serve as representatives of the developer. ~~In the case of a new~~	15899
~~community authority established on or after the effective date of~~	15900
~~this amendment and before January 1, 2012, the citizen members may~~	15901
~~represent present and future employers within the new community~~	15902
~~district and any present or future residents of the district.~~	15903

Members shall serve two-year overlapping terms, with two of	15904
each of the initial citizen and developer members appointed to	15905
serve initial one year terms. The organizational board of	15906
commissioners shall adopt, by further resolution adopted within	15907
one year of such resolution establishing such initial board of	15908
trustees ~~adopt~~, a method for selection of successor members	15909
thereof which determines the projected total population of the	15910
projected new community and meets the following criteria:	15911

(A) The appointed citizen members shall be replaced by	15912
elected citizen members according to a schedule established by the	15913
organizational board of commissioners calculated to achieve one	15914
such replacement each time the new community district gains a	15915
proportion, having a numerator of one and a denominator of twice	15916
the number of citizen members, of its projected total population	15917
until such time as all of the appointed citizen members are	15918
replaced.	15919

(B) Representatives of the developer shall be replaced by	15920
elected citizen members according to a schedule established by the	15921
organizational board of commissioners calculated to achieve one	15922
such replacement each time the new community district gains a	15923
proportion, having a numerator of one and a denominator equal to	15924
the number of developer members, of its projected total population	15925
until such time as all of the developer's representatives are	15926
replaced.	15927

(C) The representative of local government shall be replaced	15928
by an elected citizen member at the time the new community	15929
district gains three-quarters of its projected total population.	15930

Elected citizen members of the board of trustees shall be	15931
elected by a majority of the residents of the new community	15932
district voting at elections held on the first Tuesday after the	15933
first Monday in December of each year. Each citizen member except	15934
an appointed citizen member shall be a qualified elector who	15935
resides within the new community district. ~~In the case of a new~~	15936
~~community authority established on or after the effective date of~~	15937
~~this amendment and before January 1, 2012,~~The petition or the	15938
organizational board of ~~directors~~commissioners, by resolution,	15939
may adopt an alternative method of selection or election of	15940
successor members of the board of trustees. If the alternative	15941
method provides for the election of citizen members, the elections	15942
may be held at the times and in the manner provided in athe	15943
petition or resolution of the organizational board of	15944
commissioners, and ~~the~~any elected citizen members shall be	15945
qualified electors who ~~resides~~reside in the new community	15946
district.	15947

Citizen members shall not be employees of or have financial	15948
interest in the developer. If a vacancy occurs in the office of a	15949
member other than a member appointed by the developer, the	15950
organizational board of commissioners may appoint a successor	15951
member for the remainder of the unexpired term. Any appointed	15952
member of the board of trustees may at any time be removed by the	15953
organizational board of commissioners for misfeasance,	15954
nonfeasance, or malfeasance in office. Members appointed by the	15955
developer may also at any time be removed by the developer without	15956
a showing of cause.	15957

Each member of the board of trustees, before entering upon	15958
official duties, shall take and subscribe to an oath before an	15959
officer authorized to administer oaths in Ohio that the member	15960
will honestly and faithfully perform the duties of the member's	15961
office. Such oath shall be filed in the office of the clerk of the	15962
organizational board of ~~county~~ commissioners ~~in which the petition~~	15963
~~was filed~~. Upon taking the oath, the board of trustees shall elect	15964
one of its number as chairperson and another as vice-chairperson,	15965
and shall appoint suitable persons as secretary and treasurer who	15966
need not be members of the board. The treasurer shall be the	15967
fiscal officer of the authority. The board shall adopt by-laws	15968
governing the administration of the affairs of the new community	15969
authority. Each member of the board shall post a bond for the	15970
faithful performance of official duties and give surety therefor	15971
in such amount, but not less than ten thousand dollars, as the	15972
resolution creating such board shall prescribe.	15973

All of the powers of the new community authority shall be	15974
exercised by its board of trustees, but without relief of such	15975
responsibility, such powers may be delegated to committees of the	15976
board or its officers and employees in accordance with its	15977
by-laws. A majority of the board shall constitute a quorum, and a	15978
concurrence of a majority of a quorum in any matter within the	15979
board's duties is sufficient for its determination, provided a	15980
quorum is present when such concurrence is had and a majority of	15981
those members constituting such quorum are trustees not appointed	15982
by the developer. All trustees shall be empowered to vote on all	15983
matters within the authority of the board of trustees, and no vote	15984
by a member appointed by the developer shall be construed to give	15985
rise to civil or criminal liability for conflict of interest on	15986
the part of public officials.	15987

Sec. 349.06. In furtherance of the purposes of this chapter,	15988
a new community authority may:	15989

(A) Acquire by purchase, lease, gift, or otherwise, on such	15990
terms and in such manner as it considers proper, real and personal	15991
property or any estate, interest, or right therein, within or	15992
without the new community district;	15993

(B) Improve, maintain, sell, lease or otherwise dispose of	15994
real and personal property and community facilities, on such terms	15995
and in such manner as it considers proper;	15996

(C) Landscape and otherwise aesthetically improve areas	15997
within the new community district, including but not limited to	15998
maintenance, landscaping and other community improvement services;	15999

(D) Provide, engage in, or otherwise sponsor recreational,	16000
educational, health, social, vocational, cultural, beautification,	16001
and amusement activities and related services primarily for	16002
~~residents of the district. In the case of a new community~~	16003
~~authority established on or after the effective date of this~~	16004
~~amendment and before January 1, 2012, such activities and services~~	16005
~~may be for~~ residents of, visitors to, employees working within, or	16006
employers operating businesses in the district, or any combination	16007
thereof.	16008

(E) Fix, alter, impose, collect and receive service and user	16009
fees, rentals, and other charges to cover all costs in carrying	16010
out the new community development program;	16011

(F) Adopt, modify, and enforce reasonable rules and	16012
regulations governing the use of community facilities;	16013

(G) Employ such managers, administrative officers, agents,	16014
engineers, architects, attorneys, contractors, sub-contractors,	16015
and employees as may be appropriate in the exercise of the rights,	16016
powers and duties conferred upon it, prescribe the duties and	16017
compensation for such persons, require bonds to be given by any	16018
such persons and by officers of the authority for the faithful	16019
performance of their duties, and fix the amount and surety	16020
therefor; and pay the same;	16021

(H) Sue and be sued in its corporate name;

16022

(I) Make and enter into all contracts and agreements and	16023
execute all instruments relating to a new community development	16024
program, including contracts with the developer and other persons	16025
or entities related thereto for land acquisition and land	16026
development; acquisition, construction, and maintenance of	16027
community facilities; the provision of community services and	16028
management and coordinating services; with federal, state,	16029
interstate, regional, and local agencies and political	16030
subdivisions or combinations thereof in connection with the	16031
financing of such program, and with any municipal corporation or	16032
other public body, or combination thereof, providing for the	16033
acquisition, construction, improvement, extension, maintenance or	16034
operation of joint lands or facilities or for the provision of any	16035
services or activities relating to and in furtherance of a new	16036
community development program, including the creation of or	16037
participation in a regional transit authority created pursuant to	16038
the Revised Code;	16039

(J) Apply for and accept grants, loans or commitments of	16040
guarantee or insurance including any guarantees of community	16041
authority bonds and notes, from the United States, the state, or	16042
other public body or other sources, and provide any consideration	16043
which may be required in order to obtain such grants, loans or	16044
contracts of guarantee or insurance. Such loans or contracts of	16045
guarantee or insurance may be evidenced by the issuance of bonds	16046
as provided in section 349.08 of the Revised Code;	16047

(K) Procure insurance against loss to it by reason of damage	16048
to its properties resulting from fire, theft, accident, or other	16049
casualties, or by reason of its liability for any damages to	16050
persons or property occurring in the construction or operation of	16051
facilities or areas under its jurisdiction or the conduct of its	16052
activities;	16053

(L) Maintain such funds or reserves as it considers necessary	16054
for the efficient performance of its duties;	16055

(M) Enter agreements with the boards of education of any	16056
school districts in which all or part of the new community	16057
district lies, whereby the community authority may acquire	16058
property for, may construct and equip, and may sell, lease,	16059
dedicate, with or without consideration, or otherwise transfer	16060
lands, schools, classrooms, or other facilities, whether or not	16061
within the new community district, from the authority to the	16062
school district for school and related purposes;	16063

(N) Prepare plans for acquisition and development of lands	16064
and facilities, and enter into agreements with city, county, or	16065
regional planning commissions to perform or obtain all or any part	16066
of planning services for the new community district;	16067

(O) Engage in planning for the new community district, which	16068
may be predominantly residential and open space, and prepare or	16069
approve a development plan or plans therefor, and engage in land	16070
acquisitions and land development in accordance with such plan or	16071
plans;	16072

(P) Issue new community authority bonds and notes and	16073
community authority refunding bonds, payable solely from the	16074
income source provided in section 349.08 of the Revised Code,	16075
unless the bonds are refunded by refunding bonds, for the purpose	16076
of paying any part of the cost as applied to the new community	16077
development program or parts thereof;	16078

(Q) Enforce any covenants running with the land of which the	16079
new community authority is the beneficiary, including but not	16080
limited to the collection by any and all appropriate means of any	16081
community development charge deemed to be a covenant running with	16082
the land and enforceable by the new community authority pursuant	16083
to section 349.07 of the Revised Code; and to waive, reduce, or	16084
terminate any community development charge of which it is the	16085
beneficiary to the extent not needed for any of the purposes	16086
provided in section 349.07 of the Revised Code, the procedure for	16087
which shall be provided in such covenants, and if new community	16088
authority bonds have been issued pledging any such community	16089
development charge, to the extent not prohibited in the resolution	16090
authorizing the issuance of such new community authority bonds or	16091
the trust agreement or indenture of mortgage securing the bonds;	16092

(R) Appropriate for its use, under sections 163.01 to 163.22	16093
of the Revised Code, any land, easement, rights, rights-of-way,	16094
franchises, or other property in the new community district	16095
required by the authority for community facilities. The authority	16096
may not so appropriate any land, easement, rights, rights-of-way,	16097
franchises, or other property that is not included in the new	16098
community district.	16099

(S) ~~In the case of a new community authority established on~~	16100
~~or after the effective date of this amendment and before January~~	16101
~~1, 2012, enter~~Enter into any agreements as may be necessary,	16102
appropriate, or useful to support a new community development	16103
program, including, but not limited to, cooperative agreements or	16104
other agreements with political subdivisions for services,	16105
materials, or products; for the administration, calculation, or	16106
collection of community development charges; or for sharing of	16107
revenue derived from community development charges, community	16108
facilities, or other sources. The agreements may be made with or	16109
without consideration as the parties determine.	16110

Sec. 349.07. (A) Notwithstanding any other rule of law, any	16111
covenant or agreement in deeds, land contracts, leases and any	16112
other instruments or conveyance by which real estate or any	16113
interest in real estate is conveyed by or to the developer or by	16114
the new community authority to any person or entity, including the	16115
developer, whereby such person or entity agrees, by acceptance of	16116
any such instrument of conveyance containing said covenant of	16117
agreement, to pay annually or semiannually a community development	16118
charge for the benefit and use of the new community authority to	16119
cover all or part of the cost of the acquisition, construction,	16120
operation and maintenance of land, land development and community	16121
facilities, the debt service thereof and any other cost incurred	16122
by the authority in the exercise of the powers granted by Chapter	16123
349. of the Revised Code shall be deemed to be a covenant running	16124
with the land and shall, in any event and without regard to	16125
technical classification, after such instrument has been duly	16126
recorded in the land records of the county, be fully binding on	16127
behalf of and enforceable by the new community authority against	16128
each such person or entity and all successors and assigns of the	16129
property conveyed by such instrument of conveyance.	16130

(B) No purchase agreement for any real estate or interest in	16131
real estate upon which a community development charge exists by	16132
reason of a covenant running with the land shall be enforceable by	16133
the seller or binding upon the purchaser unless such purchase	16134
agreement specifically refers to such community development charge	16135
and identifies the volume and page number of the deed records of	16136
the county in which the covenant running with the land	16137
establishing such community development charge is recorded,	16138
provided that in the event a conveyance of such real estate or	16139
interest in real estate is made pursuant to a purchase agreement	16140
which does not make such reference and identification, the	16141
covenant shall continue to be deemed to be a covenant running with	16142
the land fully binding on behalf of and enforceable by the	16143
community authority against such person or entity accepting the	16144
conveyance pursuant to such purchase agreement.	16145

(C) A vendor shall not include a community development charge	16146
based on business revenues or retail sales, either directly or	16147
indirectly, as part of the price of a good or service. A vendor	16148
may collect a separate charge, in addition to the price of a good	16149
or service, based on business revenues or retail sales, and if so	16150
collected, the charge may be remitted to the new community	16151
authority and shall be a credit against any community development	16152
charge imposed on a property. The price of a good or service may	16153
be used as a basis to calculate the community development charge	16154
payable by a vendor to the new community authority.	16155

(D) When any community development charge is not paid when	16156
due, in addition to any other remedies the new community authority	16157
shall have with respect to collection of such charges, the new	16158
community authority may certify the charge to the county auditor,	16159
who shall enter the unpaid charge on the tax list and duplicates	16160
of real property opposite the parcel against which it is charged,	16161
and certify the charge to the county treasurer. An unpaid	16162
community development charge is a lien on property against which	16163
it is charged from the date the charge is entered on the tax list,	16164
and shall be collected in the manner provided for the collection	16165
of real property taxes. Once the charge is collected, it shall be	16166
paid immediately to the new community district.	16167

(E) No community development charge established pursuant to	16168
this chapter shall be construed as prohibiting or limiting the	16169
taxing power of municipal corporations.	16170

(F) As used in this section, "retail sale" has the same	16171
meaning as in section 5739.01 of the Revised Code.	16172

Sec. 349.09. The issuance of new community authority bonds	16173
and notes or new community authority refunding bonds under this	16174
chapter need not comply with any other law applicable to the	16175
issuance of bonds or notes; however, sections 9.98 and 9.981 to	16176
9.983 and division (A) of section 133.03 of the Revised Code apply	16177
to such bonds and notes.	16178

Sec. 349.14. Except as provided in section 349.03 of the	16179
Revised Code, or as otherwise provided in a resolution adopted by	16180
the organizational board of commissioners~~, of a new community~~	16181
~~authority established on or after~~ ~~the effective date of this~~	16182
~~amendment~~ and before January 1, 2012, a new community authority	16183
organized under this chapter may be dissolved only on the vote of	16184
a majority of the voters of the new community district at a	16185
special election called by the board of trustees on the question	16186
of dissolution. Such an election may be called only after the	16187
board has determined that the new community development program	16188
has been completed, when no community authority bonds or notes are	16189
outstanding, and other legal indebtedness of the authority has	16190
been discharged or provided for, and only after there has been	16191
filed with the board of trustees a petition requesting such	16192
election, signed by a number of qualified electors residing in the	16193
new community district equal to not less than eight per cent of	16194
the total vote cast for all candidates for governor in the new	16195
community district at the most recent general election at which a	16196
governor was elected. If a majority of the votes cast favor	16197
dissolution, the board of trustees shall, by resolution, declare	16198
the authority dissolved and thereupon the community authority	16199
shall be dissolved. A certified copy of the resolution shall,	16200
within fifteen days after its adoption, be filed with the clerk of	16201
the organizational board of ~~county~~ commissioners ~~of the county in~~	16202
with which the petition for the organization of the new community	16203
authority was filed.	16204

Upon dissolution of a new community authority, the powers	16205
thereof shall cease to exist. Any property of the new community	16206
authority ~~which~~that is located within the corporate limits of a	16207
municipality shall vest in that municipal corporation and all	16208
other property of the community authority shall vest in the county	16209
or township in which said property is located, as provided in the	16210
resolution or petition providing for dissolution. Any vesting of	16211
property in a township shall be subject to acceptance of the	16212
property by resolution of the board of township trustees. Any	16213
funds of the community authority at the time of dissolution shall	16214
be transferred to the municipal corporation and county or	16215
township, as provided in the resolution or petition providing for	16216
dissolution, in which the new community district is located in the	16217
proportion to the assessed valuation of taxable real property of	16218
the new community authority within such municipal corporation and	16219
county or township as said valuation appears on the current	16220
assessment rolls.	16221

Sec. 349.17. (A) Any county, notwithstanding any other	16222
provision of law, may enter into an agreement with a new community	16223
authority within its boundaries for the purpose of designating the	16224
new community authority to act on behalf of the county in	16225
exercising the powers and performing the duties described in	16226
Chapter 5721. of the Revised Code with respect to delinquent	16227
property within the boundaries of the new community authority and	16228
the county, in the case that all or a portion of the community	16229
development charges related to the property are not paid when due.	16230

(B) An agreement as described in division (A) of this section	16231
may permit a new community authority to, on behalf of the county,	16232
elect that the alternative redemption period following an	16233
adjudication of foreclosure as set forth in section 323.78 of the	16234
Revised Code apply to foreclosures of property within the new	16235
community district as a result of nonpayment of community	16236
development charges, taxes, or other charges.	16237

(C) The powers extended to a community authority in this	16238
section shall not be construed as a limitation on the powers	16239
granted to a community authority under Chapter 349. of the Revised	16240
Code, but shall be construed as additional powers.	16241

Sec. 505.101. The board of township trustees of any township	16242
may, by resolution, enter into a contract, without advertising or	16243
bidding, for the purchase or sale of materials, equipment, or	16244
supplies from or to any department, agency, or political	16245
subdivision of the state, for the purchase of services with a soil	16246
and water conservation district established under Chapter 1515. of	16247
the Revised Code, or for the purchase of supplies, services,	16248
materials, and equipment with a regional planning commission	16249
pursuant to division (D) of section 713.23 of the Revised Code, or	16250
for the purchase of services from an educational service center	16251
under section 3313.846 of the Revised Code. The resolution shall:	16252

(A) Set forth the maximum amount to be paid as the purchase	16253
price for the materials, equipment, supplies, or services;	16254

(B) Describe the type of materials, equipment, supplies, or	16255
services that are to be purchased;	16256

(C) Appropriate sufficient funds to pay the purchase price	16257
for the materials, equipment, supplies, or services, except that	16258
no such appropriation is necessary if funds have been previously	16259
appropriated for the purpose and remain unencumbered at the time	16260
the resolution is adopted.	16261

Sec. 507.09. (A) Except as otherwise provided in division	16262
(D) of this section, the township fiscal officer shall be entitled	16263
to compensation as follows:	16264

(1) In townships having a budget of fifty thousand dollars or	16265
less, three thousand five hundred dollars;	16266

(2) In townships having a budget of more than fifty thousand	16267
but not more than one hundred thousand dollars, five thousand five	16268
hundred dollars;	16269

(3) In townships having a budget of more than one hundred	16270
thousand but not more than two hundred fifty thousand dollars,	16271
seven thousand seven hundred dollars;	16272

(4) In townships having a budget of more than two hundred	16273
fifty thousand but not more than five hundred thousand dollars,	16274
nine thousand nine hundred dollars;	16275

(5) In townships having a budget of more than five hundred	16276
thousand but not more than seven hundred fifty thousand dollars,	16277
eleven thousand dollars;	16278

(6) In townships having a budget of more than seven hundred	16279
fifty thousand but not more than one million five hundred thousand	16280
dollars, thirteen thousand two hundred dollars;	16281

(7) In townships having a budget of more than one million	16282
five hundred thousand but not more than three million five hundred	16283
thousand dollars, fifteen thousand four hundred dollars;	16284

(8) In townships having a budget of more than three million	16285
five hundred thousand dollars but not more than six million	16286
dollars, sixteen thousand five hundred dollars;	16287

(9) In townships having a budget of more than six million	16288
dollars, seventeen thousand six hundred dollars.	16289

(B) Any township fiscal officer may elect to receive less	16290
than the compensation the fiscal officer is entitled to under	16291
division (A) of this section. Any township fiscal officer electing	16292
to do this shall so notify the board of township trustees in	16293
writing, and the board shall include this notice in the minutes of	16294
its next board meeting.	16295

(C) The compensation of the township fiscal officer shall be	16296
paid in equal monthly payments. If the office of township fiscal	16297
officer is held by more than one person during any calendar year,	16298
each person holding the office shall receive payments for only	16299
those months, and any fractions of those months, during which the	16300
person holds the office.	16301

The board of township trustees may establish, by resolution,	16302
a method of compensating the township fiscal officer from the	16303
township general fund or from other township funds based on the	16304
proportion of time the township fiscal officer spends providing	16305
services related to each fund. If the board adopts such a	16306
resolution, the board shall require the township fiscal officer to	16307
document and to notify the board periodically of the amount of	16308
time the township fiscal officer spends providing services related	16309
to each fund.	16310

(D) Beginning in calendar year 1999, the township fiscal	16311
officer shall be entitled to compensation as follows:	16312

(1) In calendar year 1999, the compensation specified in	16313
division (A) of this section increased by three per cent;	16314

(2) In calendar year 2000, the compensation determined under	16315
division (D)(1) of this section increased by three per cent;	16316

(3) In calendar year 2001, the compensation determined under	16317
division (D)(2) of this section increased by three per cent;	16318

(4) In calendar year 2002, except in townships having a	16319
budget of more than six million dollars, the compensation	16320
determined under division (D)(3) of this section increased by	16321
three per cent; in townships having a budget of more than six	16322
million but not more than ten million dollars, nineteen thousand	16323
eight hundred ten dollars; and in townships having a budget of	16324
more than ten million dollars, twenty thousand nine hundred	16325
dollars;	16326

(5) In calendar year 2003, the compensation determined under	16327
division (D)(4) of this section increased by three per cent or the	16328
percentage increase in the consumer price index as described in	16329
division (D)(7)(b) of this section, whichever percentage is lower;	16330

(6) In calendar year 2004, except in townships having a	16331
budget of more than six million dollars, the compensation	16332
determined under division (D)(5) of this section for the calendar	16333
year 2003 increased by three per cent or the percentage increase	16334
in the consumer price index as described in division (D)(7)(b) of	16335
this section, whichever percentage is lower; in townships having a	16336
budget of more than six million but not more than ten million	16337
dollars, twenty-two thousand eighty-seven dollars; and in	16338
townships having a budget of more than ten million dollars,	16339
twenty-five thousand five hundred fifty-three dollars;	16340

(7) In calendar years 2005 through 2008, the compensation	16341
determined under division (D) of this section for the immediately	16342
preceding calendar year increased by the lesser of the following:	16343

(a) Three per cent;

16344

(b) The percentage increase, if any, in the consumer price	16345
index over the twelve-month period that ends on the thirtieth day	16346
of September of the immediately preceding calendar year, rounded	16347
to the nearest one-tenth of one per cent;	16348

(8) In calendar year 2009 and thereafter, the amount	16349
determined under division (D) of this section for calendar year	16350
2008.	16351

As used in this division, "consumer price index" has the same	16352
meaning as in section 325.18 of the Revised Code.	16353

Sec. 705.16. (A) All ordinances or resolutions shall be in	16354
effect after thirty days from the date of their passage, except as	16355
provided in section 705.75 of the Revised Code.	16356

(B) Notwithstanding any conflicting provision of section 7.12	16357
of the Revised Code, each ordinance and resolution of a general	16358
nature, or providing for public improvements, or assessing	16359
property, or a succinct summary of each such ordinance or	16360
resolution, shall, upon passage of the ordinance or resolution, be	16361
promptly published one time in not more than two newspapers of	16362
general circulation in the municipal corporation. Such publication	16363
shall be made in the body type of the paper under headlines in	16364
eighteen point type, which headlines shall specify the nature of	16365
such legislation. If a summary of an ordinance or resolution is	16366
published, the publication shall contain notice that the complete	16367
text of each such ordinance or resolution may be obtained or	16368
viewed at the office of the clerk of the legislative authority of	16369
the municipal corporation and may be viewed at any other location	16370
designated by the legislative authority of the municipal	16371
corporation. The city director of law, village solicitor, or other	16372
chief legal officer of the municipal corporation shall review any	16373
summary of an ordinance or resolution published under this section	16374
prior to forwarding it to the clerk for publication, to ensure	16375
that the summary is legally accurate and sufficient.	16376

(C) Upon publication of a summary of an ordinance or	16377
resolution in accordance with this section, the clerk of the	16378
legislative authority shall supply a copy of the complete text of	16379
each such ordinance or resolution to any person, upon request, and	16380
may charge a reasonable fee, set by the legislative authority, for	16381
each copy supplied. The clerk shall post a copy of the text at ~~his~~	16382
the clerk's office and at every other location designated by the	16383
legislative authority.	16384

(D) No newspaper shall be paid a higher price for the	16385
publication of ordinances than its ~~maximum bona fide commercial~~	16386
government rate established under section 7.10 of the Revised	16387
Code.	16388

Sec. 718.01. (A) As used in this chapter:

16389

(1) "Adjusted federal taxable income" means a C corporation's	16390
federal taxable income before net operating losses and special	16391
deductions as determined under the Internal Revenue Code, adjusted	16392
as follows:	16393

(a) Deduct intangible income to the extent included in	16394
federal taxable income. The deduction shall be allowed regardless	16395
of whether the intangible income relates to assets used in a trade	16396
or business or assets held for the production of income.	16397

(b) Add an amount equal to five per cent of intangible income	16398
deducted under division (A)(1)(a) of this section, but excluding	16399
that portion of intangible income directly related to the sale,	16400
exchange, or other disposition of property described in section	16401
1221 of the Internal Revenue Code;	16402

(c) Add any losses allowed as a deduction in the computation	16403
of federal taxable income if the losses directly relate to the	16404
sale, exchange, or other disposition of an asset described in	16405
section 1221 or 1231 of the Internal Revenue Code;	16406

(d)(i) Except as provided in division (A)(1)(d)(ii) of this	16407
section, deduct income and gain included in federal taxable income	16408
to the extent the income and gain directly relate to the sale,	16409
exchange, or other disposition of an asset described in section	16410
1221 or 1231 of the Internal Revenue Code;	16411

(ii) Division (A)(1)(d)(i) of this section does not apply to	16412
the extent the income or gain is income or gain described in	16413
section 1245 or 1250 of the Internal Revenue Code.	16414

(e) Add taxes on or measured by net income allowed as a	16415
deduction in the computation of federal taxable income;	16416

(f) In the case of a real estate investment trust and	16417
regulated investment company, add all amounts with respect to	16418
dividends to, distributions to, or amounts set aside for or	16419
credited to the benefit of investors and allowed as a deduction in	16420
the computation of federal taxable income;	16421

(g) IfDeduct, to the extent not otherwise deducted or	16422
excluded in computing federal taxable income, any income derived	16423
from providing public services under a contract through a project	16424
owned by the state, as described in section 126.604 of the Revised	16425
Code or derived from a contract entered into under section 9.06 of	16426
the Revised Code and described in division (J) of that section, or	16427
derived from a transfer agreement or from the enterprise	16428
transferred under that agreement under section 4313.02 of the	16429
Revised Code.	16430

If the taxpayer is not a C corporation and is not an	16431
individual, the taxpayer shall compute adjusted federal taxable	16432
income as if the taxpayer were a C corporation, except:guaranteed	16433

~~(i) Guaranteed~~ payments and other similar amounts paid or	16434
accrued to a partner, former partner, member, or former member	16435
shall not be allowed as a deductible expense; ~~and~~amounts	16436

~~(ii) Amounts~~ paid or accrued to a qualified self-employed	16437
retirement plan with respect to an owner or owner-employee of the	16438
taxpayer, amounts paid or accrued to or for health insurance for	16439
an owner or owner-employee, and amounts paid or accrued to or for	16440
life insurance for an owner or owner-employee shall not be allowed	16441
as a deduction.	16442

Nothing in division (A)(1) of this section shall be construed	16443
as allowing the taxpayer to add or deduct any amount more than	16444
once or shall be construed as allowing any taxpayer to deduct any	16445
amount paid to or accrued for purposes of federal self-employment	16446
tax.	16447

Nothing in this chapter shall be construed as limiting or	16448
removing the ability of any municipal corporation to administer,	16449
audit, and enforce the provisions of its municipal income tax.	16450

(2) "Internal Revenue Code" means the Internal Revenue Code	16451
of 1986, 100 Stat. 2085, 26 U.S.C. 1, as amended.	16452

(3) "Schedule C" means internal revenue service schedule C	16453
filed by a taxpayer pursuant to the Internal Revenue Code.	16454

(4) "Form 2106" means internal revenue service form 2106	16455
filed by a taxpayer pursuant to the Internal Revenue Code.	16456

(5) "Intangible income" means income of any of the following	16457
types: income yield, interest, capital gains, dividends, or other	16458
income arising from the ownership, sale, exchange, or other	16459
disposition of intangible property including, but not limited to,	16460
investments, deposits, money, or credits as those terms are	16461
defined in Chapter 5701. of the Revised Code, and patents,	16462
copyrights, trademarks, tradenames, investments in real estate	16463
investment trusts, investments in regulated investment companies,	16464
and appreciation on deferred compensation. "Intangible income"	16465
does not include prizes, awards, or other income associated with	16466
any lottery winnings or other similar games of chance.	16467

(6) "S corporation" means a corporation that has made an	16468
election under subchapter S of Chapter 1 of Subtitle A of the	16469
Internal Revenue Code for its taxable year.	16470

(7) For taxable years beginning on or after January 1, 2004,	16471
"net profit" for a taxpayer other than an individual means	16472
adjusted federal taxable income and "net profit" for a taxpayer	16473
who is an individual means the individual's profit required to be	16474
reported on schedule C, schedule E, or schedule F, other than any	16475
amount allowed as a deduction under division (E)(2) or (3) of this	16476
section or amounts described in division (H) of this section.	16477

(8) "Taxpayer" means a person subject to a tax on income	16478
levied by a municipal corporation. Except as provided in division	16479
(L) of this section, "taxpayer" does not include any person that	16480
is a disregarded entity or a qualifying subchapter S subsidiary	16481
for federal income tax purposes, but "taxpayer" includes any other	16482
person who owns the disregarded entity or qualifying subchapter S	16483
subsidiary.	16484

(9) "Taxable year" means the corresponding tax reporting	16485
period as prescribed for the taxpayer under the Internal Revenue	16486
Code.	16487

(10) "Tax administrator" means the individual charged with	16488
direct responsibility for administration of a tax on income levied	16489
by a municipal corporation and includes:	16490

(a) The central collection agency and the regional income tax	16491
agency and their successors in interest, and other entities	16492
organized to perform functions similar to those performed by the	16493
central collection agency and the regional income tax agency;	16494

(b) A municipal corporation acting as the agent of another	16495
municipal corporation; and	16496

(c) Persons retained by a municipal corporation to administer	16497
a tax levied by the municipal corporation, but only if the	16498
municipal corporation does not compensate the person in whole or	16499
in part on a contingency basis.	16500

(11) "Person" includes individuals, firms, companies,	16501
business trusts, estates, trusts, partnerships, limited liability	16502
companies, associations, corporations, governmental entities, and	16503
any other entity.	16504

(12) "Schedule E" means internal revenue service schedule E	16505
filed by a taxpayer pursuant to the Internal Revenue Code.	16506

(13) "Schedule F" means internal revenue service schedule F	16507
filed by a taxpayer pursuant to the Internal Revenue Code.	16508

(B) No municipal corporation shall tax income at other than a	16509
uniform rate.	16510

(C) No municipal corporation shall levy a tax on income at a	16511
rate in excess of one per cent without having obtained the	16512
approval of the excess by a majority of the electors of the	16513
municipality voting on the question at a general, primary, or	16514
special election. The legislative authority of the municipal	16515
corporation shall file with the board of elections at least ninety	16516
days before the day of the election a copy of the ordinance	16517
together with a resolution specifying the date the election is to	16518
be held and directing the board of elections to conduct the	16519
election. The ballot shall be in the following form: "Shall the	16520
Ordinance providing for a ... per cent levy on income for (Brief	16521
description of the purpose of the proposed levy) be passed?	16522

16523

		FOR THE INCOME TAX			16524
		AGAINST THE INCOME TAX	"		16525

16526

In the event of an affirmative vote, the proceeds of the levy	16527
may be used only for the specified purpose.	16528

(D)(1) Except as otherwise provided in this section, no	16529
municipal corporation shall exempt from a tax on income	16530
compensation for personal services of individuals over eighteen	16531
years of age or the net profit from a business or profession.	16532

(2)(a) For taxable years beginning on or after January 1,	16533
2004, no municipal corporation shall tax the net profit from a	16534
business or profession using any base other than the taxpayer's	16535
adjusted federal taxable income.	16536

(b) Division (D)(2)(a) of this section does not apply to any	16537
taxpayer required to file a return under section 5745.03 of the	16538
Revised Code or to the net profit from a sole proprietorship.	16539

(E)(1) The legislative authority of a municipal corporation	16540
may, by ordinance or resolution, exempt from withholding and from	16541
a tax on income the following:	16542

(a) Compensation arising from the sale, exchange, or other	16543
disposition of a stock option, the exercise of a stock option, or	16544
the sale, exchange, or other disposition of stock purchased under	16545
a stock option; or	16546

(b) Compensation attributable to a nonqualified deferred	16547
compensation plan or program described in section 3121(v)(2)(C) of	16548
the Internal Revenue Code.	16549

(2) The legislative authority of a municipal corporation may	16550
adopt an ordinance or resolution that allows a taxpayer who is an	16551
individual to deduct, in computing the taxpayer's municipal income	16552
tax liability, an amount equal to the aggregate amount the	16553
taxpayer paid in cash during the taxable year to a health savings	16554
account of the taxpayer, to the extent the taxpayer is entitled to	16555
deduct that amount on internal revenue service form 1040.	16556

(3) The legislative authority of a municipal corporation may	16557
adopt an ordinance or resolution that allows a taxpayer who has a	16558
net profit from a business or profession that is operated as a	16559
sole proprietorship to deduct from that net profit the amount that	16560
the taxpayer paid during the taxable year for medical care	16561
insurance premiums for the taxpayer, the taxpayer's spouse, and	16562
dependents as defined in section 5747.01 of the Revised Code. The	16563
deduction shall be allowed to the same extent the taxpayer is	16564
entitled to deduct the premiums on internal revenue service form	16565
1040. The deduction allowed under this division shall be net of	16566
any related premium refunds, related premium reimbursements, or	16567
related insurance premium dividends received by the taxpayer	16568
during the taxable year.	16569

(F) If an individual's taxable income includes income against	16570
which the taxpayer has taken a deduction for federal income tax	16571
purposes as reportable on the taxpayer's form 2106, and against	16572
which a like deduction has not been allowed by the municipal	16573
corporation, the municipal corporation shall deduct from the	16574
taxpayer's taxable income an amount equal to the deduction shown	16575
on such form allowable against such income, to the extent not	16576
otherwise so allowed as a deduction by the municipal corporation.	16577

(G)(1) In the case of a taxpayer who has a net profit from a	16578
business or profession that is operated as a sole proprietorship,	16579
no municipal corporation may tax or use as the base for	16580
determining the amount of the net profit that shall be considered	16581
as having a taxable situs in the municipal corporation, an amount	16582
other than the net profit required to be reported by the taxpayer	16583
on schedule C or F from such sole proprietorship for the taxable	16584
year.	16585

(2) In the case of a taxpayer who has a net profit from	16586
rental activity required to be reported on schedule E, no	16587
municipal corporation may tax or use as the base for determining	16588
the amount of the net profit that shall be considered as having a	16589
taxable situs in the municipal corporation, an amount other than	16590
the net profit from rental activities required to be reported by	16591
the taxpayer on schedule E for the taxable year.	16592

(H) A municipal corporation shall not tax any of the	16593
following:	16594

(1) The military pay or allowances of members of the armed	16595
forces of the United States and of members of their reserve	16596
components, including the Ohio national guard;	16597

(2) The income of religious, fraternal, charitable,	16598
scientific, literary, or educational institutions to the extent	16599
that such income is derived from tax-exempt real estate,	16600
tax-exempt tangible or intangible property, or tax-exempt	16601
activities;	16602

(3) Except as otherwise provided in division (I) of this	16603
section, intangible income;	16604

(4) Compensation paid under section 3501.28 or 3501.36 of the	16605
Revised Code to a person serving as a precinct election official,	16606
to the extent that such compensation does not exceed one thousand	16607
dollars annually. Such compensation in excess of one thousand	16608
dollars may be subjected to taxation by a municipal corporation. A	16609
municipal corporation shall not require the payer of such	16610
compensation to withhold any tax from that compensation.	16611

(5) Compensation paid to an employee of a transit authority,	16612
regional transit authority, or regional transit commission created	16613
under Chapter 306. of the Revised Code for operating a transit bus	16614
or other motor vehicle for the authority or commission in or	16615
through the municipal corporation, unless the bus or vehicle is	16616
operated on a regularly scheduled route, the operator is subject	16617
to such a tax by reason of residence or domicile in the municipal	16618
corporation, or the headquarters of the authority or commission is	16619
located within the municipal corporation;	16620

(6) The income of a public utility, when that public utility	16621
is subject to the tax levied under section 5727.24 or 5727.30 of	16622
the Revised Code, except a municipal corporation may tax the	16623
following, subject to Chapter 5745. of the Revised Code:	16624

(a) Beginning January 1, 2002, the income of an electric	16625
company or combined company;	16626

(b) Beginning January 1, 2004, the income of a telephone	16627
company.	16628

As used in division (H)(6) of this section, "combined	16629
company," "electric company," and "telephone company" have the	16630
same meanings as in section 5727.01 of the Revised Code.	16631

(7) On and after January 1, 2003, items excluded from federal	16632
gross income pursuant to section 107 of the Internal Revenue Code;	16633

(8) On and after January 1, 2001, compensation paid to a	16634
nonresident individual to the extent prohibited under section	16635
718.011 of the Revised Code;	16636

(9)(a) Except as provided in division (H)(9)(b) and (c) of	16637
this section, an S corporation shareholder's distributive share of	16638
net profits of the S corporation, other than any part of the	16639
distributive share of net profits that represents wages as defined	16640
in section 3121(a) of the Internal Revenue Code or net earnings	16641
from self-employment as defined in section 1402(a) of the Internal	16642
Revenue Code.	16643

(b) If, pursuant to division (H) of former section 718.01 of	16644
the Revised Code as it existed before March 11, 2004, a majority	16645
of the electors of a municipal corporation voted in favor of the	16646
question at an election held on November 4, 2003, the municipal	16647
corporation may continue after 2002 to tax an S corporation	16648
shareholder's distributive share of net profits of an S	16649
corporation.	16650

(c) If, on December 6, 2002, a municipal corporation was	16651
imposing, assessing, and collecting a tax on an S corporation	16652
shareholder's distributive share of net profits of the S	16653
corporation to the extent the distributive share would be	16654
allocated or apportioned to this state under divisions (B)(1) and	16655
(2) of section 5733.05 of the Revised Code if the S corporation	16656
were a corporation subject to taxes imposed under Chapter 5733. of	16657
the Revised Code, the municipal corporation may continue to impose	16658
the tax on such distributive shares to the extent such shares	16659
would be so allocated or apportioned to this state only until	16660
December 31, 2004, unless a majority of the electors of the	16661
municipal corporation voting on the question of continuing to tax	16662
such shares after that date vote in favor of that question at an	16663
election held November 2, 2004. If a majority of those electors	16664
vote in favor of the question, the municipal corporation may	16665
continue after December 31, 2004, to impose the tax on such	16666
distributive shares only to the extent such shares would be so	16667
allocated or apportioned to this state.	16668

(d) For the purposes of division (D) of section 718.14 of the	16669
Revised Code, a municipal corporation shall be deemed to have	16670
elected to tax S corporation shareholders' distributive shares of	16671
net profits of the S corporation in the hands of the shareholders	16672
if a majority of the electors of a municipal corporation vote in	16673
favor of a question at an election held under division (H)(9)(b)	16674
or (c) of this section. The municipal corporation shall specify by	16675
ordinance or rule that the tax applies to the distributive share	16676
of a shareholder of an S corporation in the hands of the	16677
shareholder of the S corporation.	16678

(10) Employee compensation that is not "qualifying wages" as	16679
defined in section 718.03 of the Revised Code;	16680

(11) Beginning August 1, 2007, compensation paid to a person	16681
employed within the boundaries of a United States air force base	16682
under the jurisdiction of the United States air force that is used	16683
for the housing of members of the United States air force and is a	16684
center for air force operations, unless the person is subject to	16685
taxation because of residence or domicile. If the compensation is	16686
subject to taxation because of residence or domicile, municipal	16687
income tax shall be payable only to the municipal corporation of	16688
residence or domicile.	16689

(I) Any municipal corporation that taxes any type of	16690
intangible income on March 29, 1988, pursuant to Section 3 of	16691
Amended Substitute Senate Bill No. 238 of the 116th general	16692
assembly, may continue to tax that type of income after 1988 if a	16693
majority of the electors of the municipal corporation voting on	16694
the question of whether to permit the taxation of that type of	16695
intangible income after 1988 vote in favor thereof at an election	16696
held on November 8, 1988.	16697

(J) Nothing in this section or section 718.02 of the Revised	16698
Code shall authorize the levy of any tax on income that a	16699
municipal corporation is not authorized to levy under existing	16700
laws or shall require a municipal corporation to allow a deduction	16701
from taxable income for losses incurred from a sole proprietorship	16702
or partnership.	16703

(K)(1) Nothing in this chapter prohibits a municipal	16704
corporation from allowing, by resolution or ordinance, a net	16705
operating loss carryforward.	16706

(2) Nothing in this chapter requires a municipal corporation	16707
to allow a net operating loss carryforward.	16708

(L)(1) A single member limited liability company that is a	16709
disregarded entity for federal tax purposes may elect to be a	16710
separate taxpayer from its single member in all Ohio municipal	16711
corporations in which it either filed as a separate taxpayer or	16712
did not file for its taxable year ending in 2003, if all of the	16713
following conditions are met:	16714

(a) The limited liability company's single member is also a	16715
limited liability company;	16716

(b) The limited liability company and its single member were	16717
formed and doing business in one or more Ohio municipal	16718
corporations for at least five years before January 1, 2004;	16719

(c) Not later than December 31, 2004, the limited liability	16720
company and its single member each make an election to be treated	16721
as a separate taxpayer under division (L) of this section;	16722

(d) The limited liability company was not formed for the	16723
purpose of evading or reducing Ohio municipal corporation income	16724
tax liability of the limited liability company or its single	16725
member;	16726

(e) The Ohio municipal corporation that is the primary place	16727
of business of the sole member of the limited liability company	16728
consents to the election.	16729

(2) For purposes of division (L)(1)(e) of this section, a	16730
municipal corporation is the primary place of business of a	16731
limited liability company if, for the limited liability company's	16732
taxable year ending in 2003, its income tax liability is greater	16733
in that municipal corporation than in any other municipal	16734
corporation in Ohio, and that tax liability to that municipal	16735
corporation for its taxable year ending in 2003 is at least four	16736
hundred thousand dollars.	16737

Sec. 742.41. (A) As used in this section:

16738

(1) "Other system retirant" has the same meaning as in	16739
section 742.26 of the Revised Code.	16740

(2) "Personal history record" includes a member's, former	16741
member's, or other system retirant's name, address, telephone	16742
number, social security number, record of contributions,	16743
correspondence with the Ohio police and fire pension fund, status	16744
of any application for benefits, and any other information deemed	16745
confidential by the trustees of the fund.	16746

(B) The treasurer of state shall furnish annually to the	16747
board of trustees of the fund a sworn statement of the amount of	16748
the funds in the treasurer of state's custody belonging to the	16749
Ohio police and fire pension fund. The records of the fund shall	16750
be open for public inspection except for the following, which	16751
shall be excluded, except with the written authorization of the	16752
individual concerned:	16753

(1) The individual's personal history record;

16754

(2) Any information identifying, by name and address, the	16755
amount of a monthly allowance or benefit paid to the individual.	16756

(C) All medical reports and recommendations required are	16757
privileged, except that copies of such medical reports or	16758
recommendations shall be made available to the personal physician,	16759
attorney, or authorized agent of the individual concerned upon	16760
written release received from the individual or the individual's	16761
agent or, when necessary for the proper administration of the	16762
fund, to the board-assigned physician.	16763

(D) Any person who is a member of the fund or an other system	16764
retirant shall be furnished with a statement of the amount to the	16765
credit of the person's individual account upon the person's	16766
written request. The fund need not answer more than one such	16767
request of a person in any one year.	16768

(E) Notwithstanding the exceptions to public inspection in	16769
division (B) of this section, the fund may furnish the following	16770
information:	16771

(1) If a member, former member, or other system retirant is	16772
subject to an order issued under section 2907.15 of the Revised	16773
Code or an order issued under division (A) or (B) of section	16774
2929.192 of the Revised Code or is convicted of or pleads guilty	16775
to a violation of section 2921.41 of the Revised Code, on written	16776
request of a prosecutor as defined in section 2935.01 of the	16777
Revised Code, the fund shall furnish to the prosecutor the	16778
information requested from the individual's personal history	16779
record.	16780

(2) Pursuant to a court order issued pursuant to Chapter	16781
3119., 3121., 3123., or 3125. of the Revised Code, the fund shall	16782
furnish to a court or child support enforcement agency the	16783
information required under that section.	16784

(3) At the request of any organization or association of	16785
members of the fund, the fund shall provide a list of the names	16786
and addresses of members of the fund and other system retirants.	16787
The fund shall comply with the request of such organization or	16788
association at least once a year and may impose a reasonable	16789
charge for the list.	16790

(4) Within fourteen days after receiving from the director of	16791
job and family services a list of the names and social security	16792
numbers of recipients of public assistance pursuant to section	16793
5101.181 of the Revised Code, the fund shall inform the auditor of	16794
state of the name, current or most recent employer address, and	16795
social security number of each member or other system retirant	16796
whose name and social security number are the same as that of a	16797
person whose name or social security number was submitted by the	16798
director. The fund and its employees shall, except for purposes of	16799
furnishing the auditor of state with information required by this	16800
section, preserve the confidentiality of recipients of public	16801
assistance in compliance with ~~division (A) of~~ section 5101.181 of	16802
the Revised Code.	16803

(5) The fund shall comply with orders issued under section	16804
3105.87 of the Revised Code.	16805

On the written request of an alternate payee, as defined in	16806
section 3105.80 of the Revised Code, the fund shall furnish to the	16807
alternate payee information on the amount and status of any	16808
amounts payable to the alternate payee under an order issued under	16809
section 3105.171 or 3105.65 of the Revised Code.	16810

(6) At the request of any person, the fund shall make	16811
available to the person copies of all documents, including	16812
resumes, in the fund's possession regarding filling a vacancy of a	16813
police officer employee member, firefighter employee member,	16814
police retirant member, or firefighter retirant member of the	16815
board of trustees. The person who made the request shall pay the	16816
cost of compiling, copying, and mailing the documents. The	16817
information described in this division is a public record.	16818

(F) A statement that contains information obtained from the	16819
fund's records that is signed by the secretary of the board of	16820
trustees of the Ohio police and fire pension fund and to which the	16821
board's official seal is affixed, or copies of the fund's records	16822
to which the signature and seal are attached, shall be received as	16823
true copies of the fund's records in any court or before any	16824
officer of this state.	16825

Sec. 753.03. A municipal legislative authority may, by	16826
ordinance, provide for the keeping of persons convicted and	16827
sentenced for misdemeanors, during the term of their imprisonment,	16828
at such place as the legislative authority determines, provided	16829
that the place selected is in substantial compliance with the	16830
minimum standards for jails in Ohio promulgated by the department	16831
of rehabilitation and correction. The legislative authority may	16832
enter into a contract under section 9.06 of the Revised Code for	16833
the private operation and management of any municipal correctional	16834
facility~~, but only if the facility is used to house only~~	16835
~~misdemeanant inmates~~.	16836

Sec. 753.15. (A) Except as provided in division (B) of this	16837
section, in a city, a workhouse erected for the joint use of the	16838
city and the county in which such city is located shall be managed	16839
and controlled by a joint board composed of the board of county	16840
commissioners and the board of control of the city, and in a	16841
village by the board of county commissioners and the board of	16842
trustees of public affairs. Such joint board shall have all the	16843
powers and duties in the management, control, and maintenance of	16844
such workhouse as are conferred upon the director of public safety	16845
in cities, and in addition thereto it may construct sewers for	16846
such workhouse and pay therefor from funds raised by taxation for	16847
the maintenance of such institution.	16848

The joint board may lease or purchase suitable property and	16849
buildings for a workhouse, or real estate for the purpose of	16850
erecting and maintaining a workhouse thereon, but it shall not	16851
expend more than ten thousand dollars for any such purpose unless	16852
such amount is approved by a majority of the voters of the county,	16853
exclusive of the municipal corporation, voting at a general	16854
election.	16855

(B) In lieu of forming a joint board to manage and control a	16856
workhouse erected for the joint use of the city and the county in	16857
which the city is located, the board of county commissioners and	16858
the legislative authority of the city may enter into a contract	16859
for the private operation and management of the workhouse as	16860
provided in section 9.06 of the Revised Code~~, but only if the~~	16861
~~workhouse is used solely for misdemeanant inmates~~. In order to	16862
enter into a contract under section 9.06 of the Revised Code, both	16863
the board and the legislative authority shall approve and be	16864
parties to the contract.	16865

Sec. 755.16. (A) Any ~~municipal corporation, township,~~	16866
~~township park district, county, or school district~~contracting	16867
subdivision, jointly with one or more other ~~municipal~~	16868
~~corporations, townships, township park districts, counties, or~~	16869
~~school districts or with an educational service center~~contracting	16870
subdivisions, in any combination, ~~and a joint recreation district,~~	16871
may acquire property for, construct, operate, and maintain any	16872
parks, playgrounds, playfields, gymnasiums, public baths, swimming	16873
pools, indoor recreation centers, educational facilities, or	16874
community centers. Any school district or, educational service	16875
center, or state institution of higher education may provide by	16876
the erection of any school or, educational service center, or	16877
state institution of higher education building or premises, or by	16878
the enlargement of, addition to, or reconstruction or improvement	16879
of any school or, educational service center, or state institution	16880
of higher education building or premises, for the inclusion of any	16881
such parks, recreational facilities, educational facilities, and	16882
community centers to be jointly acquired, constructed, operated,	16883
and maintained. Any ~~municipal corporation, township, township park~~	16884
~~district, county, or school district~~contracting subdivision,	16885
jointly with one or more other ~~municipal corporations, townships,~~	16886
~~township park districts, counties, or school districts or with an~~	16887
~~educational service center~~contracting subdivisions, in any	16888
combination, ~~and a joint recreation district,~~ may equip, operate,	16889
and maintain those parks, recreational facilities, educational	16890
facilities, and community centers and may appropriate money for	16891
~~them~~those purposes. ~~An educational service center also may~~	16892
~~appropriate money for purposes of equipping, operating, and~~	16893
~~maintaining those parks, recreational facilities, and community~~	16894
~~centers.~~	16895

Any ~~municipal corporation, township, township park district,~~	16896
~~county, school district, or educational service center~~contracting	16897
subdivision agreeing to jointly acquire, construct, operate, or	16898
maintain parks, recreational facilities, educational facilities,	16899
and community centers pursuant to this section may contribute	16900
lands, money, other personal property, or services to the joint	16901
venture, as may be agreed upon. Any agreement shall specify the	16902
rights of the parties in any lands or personal property	16903
contributed.	16904

Any lands acquired by a township park district pursuant to	16905
Chapter 511. of the Revised Code and established as a public park	16906
or parks may be contributed to a joint venture authorized by this	16907
section. Fees may be charged in connection with the use of any	16908
recreational facilities, educational facilities, and community	16909
centers that may be constructed on those lands.	16910

(B) Any township may, jointly with a private land owner,	16911
construct, operate, equip, and maintain free public playgrounds	16912
and playfields. Any equipment provided by a township pursuant to	16913
this division shall remain township property and shall be used	16914
subject to a right of removal by the township.	16915

(C) As used in this section and in sections 755.17 and 755.18	16916
of the Revised Code:	16917

(1) "Community centers" means facilities characterized by all	16918
of the following:	16919

(a) They are acquired, constructed, operated, or maintained	16920
by ~~political~~contracting subdivisions ~~or an educational service~~	16921
~~center~~ pursuant to division (A) of this section.	16922

(b) They may be used for governmental, civic, or educational	16923
operations or purposes, or recreational activities.	16924

(c) They may be used only by the ~~entities~~contracting	16925
subdivisions that acquire, construct, operate, or maintain them or	16926
by any other person upon terms and conditions determined by those	16927
~~entities~~contracting subdivisions.	16928

(2) "Educational service center" has the same meaning as in	16929
division (A) of section 3311.05 of the Revised Code.	16930

(3) "Contracting subdivision" means a municipal corporation,	16931
township, joint recreation district, township park district,	16932
county, school district, educational service center, or state	16933
institution of higher education.	16934

(4) "School district" means any of the school districts or	16935
joint vocational school districts referred to in section 3311.01	16936
of the Revised Code.	16937

(5) "State institution of higher education" has the same	16938
meaning as in section 3345.011 of the Revised Code.	16939

Sec. 755.29. The board of park trustees, before entering	16940
into any contract for the performance of any work, the cost of	16941
which exceeds ~~ten~~twenty-five thousand dollars, shall cause plans	16942
and specifications and forms of bids to be prepared, and when	16943
adopted by the board, it shall have them printed for distribution	16944
among bidders.	16945

Sec. 901.09. (A) The director of agriculture may employ and	16946
establish a compensation rate for seasonal produce graders and	16947
seasonal gypsy mothtrap tenders, who shall be in the unclassified	16948
civil service.	16949

(B) In lieu of employing seasonal gypsy moth tenders as	16950
provided in division (A) of this section, the director may	16951
contract with qualified individuals or entities to perform gypsy	16952
moth trapping.	16953

Sec. 924.52. (A) The Ohio grape industries committee may:

16954

(1) Conduct, and contract with others to conduct, research,	16955
including the study, analysis, dissemination, and accumulation of	16956
information obtained from the research or elsewhere, concerning	16957
the marketing and distribution of grapes and grape products, the	16958
storage, refrigeration, processing, and transportation of them,	16959
and the production and product development of grapes and grape	16960
products. The committee shall expend for these activities ~~no less~~	16961
~~than thirty per cent and~~ no more than seventy per cent of all	16962
money it receives from the Ohio grape industries fund created	16963
under section 924.54 of the Revised Code.	16964

(2) Provide the wholesale and retail trade with information	16965
relative to proper methods of handling and selling grapes and	16966
grape products;	16967

(3) Make or contract for market surveys and analyses,	16968
undertake any other similar activities that it determines are	16969
appropriate for the maintenance and expansion of present markets	16970
and the creation of new and larger markets for grapes and grape	16971
products, and make, in the name of the committee, contracts to	16972
render service in formulating and conducting plans and programs	16973
and such other contracts or agreements as the committee considers	16974
necessary for the promotion of the sale of grapes and grape	16975
products. The committee shall expend for these activities ~~no less~~	16976
~~than thirty per cent and~~ no more than seventy per cent of all	16977
money it receives from the fund.	16978

(4) Publish and distribute to producers and others	16979
information relating to the grape and grape product industries;	16980

(5) Propose to the director of agriculture for adoption,	16981
rescission, or amendment, pursuant to Chapter 119. of the Revised	16982
Code, rules necessary for the exercise of its powers and the	16983
performance of its duties;	16984

(6) Advertise for, post notices seeking, or otherwise solicit	16985
applicants to serve in administrative positions in the department	16986
of agriculture as employees who support the administrative	16987
functions of the committee. Applications shall be submitted to the	16988
committee. The committee shall select applicants that it wishes to	16989
recommend for employment and shall submit a list of the	16990
recommended applicants to the director.	16991

(B) The committee shall:

16992

(1) Promote the sale of grapes and grape products for the	16993
purpose of maintaining and expanding present markets and creating	16994
new and larger intrastate, interstate, and foreign markets for	16995
grapes and grape products, and inform the public of the uses and	16996
benefits of grapes and grape products;	16997

(2) Perform all acts and exercise all powers incidental to,	16998
in connection with, or considered reasonably necessary, proper, or	16999
advisable to effectuate the purposes of this section.	17000

Sec. 927.69. To effect the purpose of sections 927.51 to	17001
927.73 of the Revised Code, the director of agriculture or the	17002
director's authorized representative may:	17003

(A) Make reasonable inspection of any premises in this state	17004
and any property therein or thereon;	17005

(B) Stop and inspect in a reasonable manner, any means of	17006
conveyance moving within this state upon probable cause to believe	17007
it contains or carries any pest, host, commodity, or other article	17008
that is subject to sections 927.51 to 927.72 of the Revised Code;	17009

(C) Conduct inspections of agricultural products that are	17010
required by other states, the United States department of	17011
agriculture, other federal agencies, or foreign countries to	17012
determine whether the products are infested. If, upon making such	17013
an inspection, the director or the director's authorized	17014
representative determines that an agricultural product is not	17015
infested, the director or the director's authorized representative	17016
may issue a certificate, as required by other states, the United	17017
States department of agriculture, other federal agencies, or	17018
foreign countries, indicating that the product is not infested.	17019

If the director charges fees for any of the certificates,	17020
agreements, or inspections specified in this section, the fees	17021
shall be as follows:	17022

(1) ~~Phyto sanitary~~Phytosanitary certificates, twenty-five	17023
dollars for ~~those collectors or dealers that are licensed under~~	17024
~~section 927.53 of the Revised Code~~shipments comprised exclusively	17025
of nursery stock;	17026

(2) ~~Phyto sanitary~~Phytosanitary certificates, one hundred	17027
dollars for all others;	17028

(3) Phytosanitary certificates, twenty-five dollars for	17029
replacement of an issued certificate because of a mistake on the	17030
certificate or a change made by the shipper if no additional	17031
inspection is required;	17032

(4) Compliance agreements, forty dollars;

17033

~~(4)~~(5) Agricultural products and their conveyances	17034
inspections, an amount equal to the hourly rate of pay in the	17035
highest step in the pay range, including fringe benefits, of a	17036
plant pest control specialist multiplied by the number of hours	17037
worked by such a specialist in conducting an inspection.	17038

The director may adopt rules under section 927.52 of the	17039
Revised Code that define the certificates, agreements, and	17040
inspections.	17041

The fees shall be credited to the plant pest program fund	17042
created in section 927.54 of the Revised Code.	17043

Sec. 1309.528. ~~(A)~~ All fees collected by the secretary of	17044
state for filings under Title XIII or XVII of the Revised Code	17045
shall be deposited into the state treasury to the credit of the	17046
corporate and uniform commercial code filing fund, which is hereby	17047
created. All moneys credited to the fund~~, subject to division (B)~~	17048
~~of this section,~~ shall be used for the purpose of paying for the	17049
operations of the office of the secretary of state and for the	17050
purpose of paying for expenses relating to the processing of	17051
filings under Title XIII or XVII of the Revised Code.	17052

~~(B) There is hereby created in the state treasury the~~	17053
~~secretary of state business technology fund. One per cent of the~~	17054
~~money credited to the corporate and uniform commercial code filing~~	17055
~~fund created in division (A) of this section shall be transferred~~	17056
~~to the credit of this fund. All moneys credited to this fund shall~~	17057
~~be used only for the upkeep, improvement, or replacement of~~	17058
~~equipment, or for the purpose of training employees in the use of~~	17059
~~equipment, used to conduct business of the secretary of state's~~	17060
~~office under Title XIII or XVII of the Revised Code.~~	17061

Sec. 1327.46. ~~(A)~~As used in sections 1327.46 to 1327.61 of	17062
the Revised Code:	17063

(A) "Weights and measures" means all weights and measures of	17064
every kind, instruments and devices for weighing and measuring,	17065
and any appliances and accessories associated with any such	17066
instruments and devices, except that ~~the term~~"weights and	17067
measures" shall not be construed to include meters for the	17068
measurement of electricity, gas, whether natural or manufactured,	17069
or water when the same are operated in a public utility system.	17070
Such electricity, gas, and water meters, and appliances or	17071
accessories associated therewith, are specifically excluded from	17072
the purview of the weights and measures laws.	17073

(B) "Intrastate commerce" means all commerce or trade that is	17074
begun, carried on, and completed wholly within the limits of this	17075
state, and "introduced into intrastate commerce" defines the time	17076
and place in which the first sale and delivery of a commodity is	17077
made within the state, the delivery being made either directly to	17078
the purchaser or to a common carrier for shipment to the	17079
purchaser.	17080

(C) "Package" means any commodity put up or packaged in any	17081
manner in advance of sale in units suitable for either wholesale	17082
or retail sale.	17083

(D) "Consumer package" means a package that is customarily	17084
produced or distributed for sale through a retail sales agency for	17085
consumption by an individual or use by an individual.	17086

(E) "Weight" as used in connection with any commodity means	17087
net weight.	17088

(F) "Correct" as used in connection with weights and measures	17089
means conformity with all applicable requirements of sections	17090
1327.46 to 1327.61 of the Revised Code and rules adopted pursuant	17091
to those sections.	17092

(G) "Primary standards" means the physical standards of the	17093
state that serve as the legal reference from which all other	17094
standards and weights and measures are derived.	17095

(H) "Secondary standards" means the physical standards that	17096
are traceable to the primary standards through comparisons, using	17097
acceptable laboratory procedures, and used in the enforcement of	17098
weights and measures laws and rules.	17099

(I) "Sale from bulk" means the sale of commodities when the	17100
quantity is determined at the time of sale.	17101

(J) "Net weight" means the weight of a commodity, excluding	17102
any materials, substances, or items not considered to be a part of	17103
the commodity. Materials, substances, or items not considered to	17104
be part of the commodity include, but are not limited to,	17105
containers, conveyances, bags, wrappers, packaging materials,	17106
labels, individual piece coverings, decorative accompaniments, and	17107
coupons.	17108

(K) "Random weight package" means a package that is one of a	17109
lot, shipment, or delivery of packages of the same commodity with	17110
no fixed pattern of weights.	17111

(L) "Sold" includes keeping, offering, or exposing for sale.

17112

(M) "Commercially used weighing and measuring device" means a	17113
device described in the national institute of standards and	17114
technology handbook 44 or its supplements and revisions and any	17115
other weighing and measuring device designated by rules adopted	17116
under division (C) of section 1327.50 of the Revised Code.	17117
"Commercially used weighing and measuring device" includes, but is	17118
not limited to, a livestock scale, vehicle scale, railway scale,	17119
vehicle tank meter, bulk rack meter, and LPG meter.	17120

(N) "Livestock scale" means a scale equipped with stock racks	17121
and gates that is adapted to weighing livestock standing on the	17122
scale platform.	17123

(O) "Vehicle scale" means a scale that is adapted to weighing	17124
highway, farm, or other large industrial vehicles other than	17125
railroad cars.	17126

(P) "Railway scale" means a rail scale that is designed to	17127
weigh railroad cars.	17128

(Q) "Vehicle tank meter" means a vehicle mounted device that	17129
is designed for the measurement and delivery of liquid products	17130
from a tank.	17131

(R) "Bulk rack meter" means a wholesale device, usually	17132
mounted on a rack, that is designed for the measurement and	17133
delivery of liquid products.	17134

(S) "LPG meter" means a system, including a mechanism or	17135
machine of the meter type, that is designed to measure and deliver	17136
liquefied petroleum gas in the liquid state by a definite quantity	17137
whether installed in a permanent location or mounted on a vehicle.	17138

Sec. 1327.50. The director of agriculture shall:

17139

(A) Maintain traceability of the state standards to those of	17140
the national institute of standards and technology;	17141

(B) Enforce sections 1327.46 to 1327.61 of the Revised Code;

17142

(C) Issue reasonable rules for the uniform enforcement of	17143
sections 1327.46 to 1327.61 of the Revised Code, which rules shall	17144
have the force and effect of law;	17145

(D) Establish standards of weight, measure, or count,	17146
reasonable standards of fill, and standards for the voluntary	17147
presentation of cost per unit information for any package;	17148

(E) Grant any exemptions from sections 1327.46 to 1327.61 of	17149
the Revised Code, or any rules adopted under those sections, when	17150
appropriate to the maintenance of good commercial practices in the	17151
state;	17152

(F) Conduct investigations to ensure compliance with sections	17153
1327.46 to 1327.61 of the Revised Code;	17154

(G) Delegate to appropriate personnel any of these	17155
responsibilities for the proper administration of the director's	17156
office;	17157

(H) Test as often as is prescribed by rule the standards of	17158
weight and measure used by any municipal corporation or county	17159
within the state, and approve the same when found to be correct;	17160

(I) Inspect and test weights and measures ~~kept, offered, or~~	17161
~~exposed for sale~~that are sold;	17162

(J) Inspect and test to ascertain if they are correct,	17163
weights and measures commercially used either:	17164

(1) In determining the weight, measure, or count of	17165
commodities or things sold~~, or offered or exposed for sale,~~ on the	17166
basis of weight, measure, or count;	17167

(2) In computing the basic charge or payment for goods or	17168
services rendered on the basis of weight, measure, or count.	17169

(K) Test all weights and measures used in checking the	17170
receipt or disbursement of supplies in every institution, for the	17171
maintenance of which funds are appropriated by the general	17172
assembly;	17173

(L) Approve for use, and may mark, such weights and measures	17174
as the director finds to be correct, and shall reject and mark as	17175
rejected such weights and measures as the director finds to be	17176
incorrect. Weights and measures that have been rejected may be	17177
seized if not corrected within the time specified or if used or	17178
disposed of in a manner not specifically authorized, and may be	17179
condemned and seized if found to be incorrect and not capable of	17180
being made correct.	17181

(M) Weigh, measure, or inspect packaged commodities ~~kept,~~	17182
~~offered, or exposed for sale,~~that are sold, or in the process of	17183
delivery to determine whether they contain the amounts represented	17184
and whether they are ~~kept, offered, or exposed for sale~~sold in	17185
accordance with sections 1327.46 to 1327.61 of the Revised Code or	17186
rules adopted under those sections. In carrying out this section,	17187
the director shall employ recognized sampling procedures, such as	17188
those designated in the national institute of standards and	17189
technology handbook 133 "checking the net contents of packaged	17190
goods."	17191

(N) Prescribe by rule the appropriate term or unit of weight	17192
or measure to be used, whenever the director determines in the	17193
case of a specific commodity that an existing practice of	17194
declaring the quantity by weight, measure, numerical count, or	17195
combination thereof, does not facilitate value comparisons by	17196
consumers, or offers an opportunity for consumer confusion;	17197

(O) Allow reasonable variations from the stated quantity of	17198
contents, which shall include those caused by unavoidable	17199
deviations in good manufacturing practice and by loss or gain of	17200
moisture during the course of good distribution practice, only	17201
after the commodity has entered intrastate commerce;	17202

(P) Provide for the weights and measures training of	17203
inspector personnel and establish minimum training requirements,	17204
which shall be met by all inspector personnel, whether county,	17205
municipal, or state;	17206

(Q) Prescribe the methods of tests and inspections to be	17207
employed in the enforcement of sections 1327.46 to 1327.61 of the	17208
Revised Code. The director may prescribe the official test and	17209
inspection forms to be used.	17210

(R) Provide by rule for voluntary registration with the	17211
director of private weighing and measuring device servicing	17212
agencies, and personnel;	17213

(S) In conjunction with the national institute of standards	17214
and technology, operate a type evaluation program for	17215
certification of weighing and measuring devices as part of the	17216
national type evaluation program. The director shall establish a	17217
schedule of fees for services rendered by the department of	17218
agriculture for type evaluation services. The director may require	17219
any weighing or measuring instrument or device to be traceable to	17220
a national type evaluation program certificate of conformance	17221
prior to use for commercial or law enforcement purposes.	17222

Sec. 1327.501. (A) No person shall operate in this state a	17223
commercially used weighing and measuring device, for which a fee	17224
is established in division (G) of this section unless the operator	17225
of the device obtains a permit issued by the director of	17226
agriculture or the director's designee.	17227

(B) An application for a permit shall be submitted to the	17228
director on a form that the director prescribes and provides. The	17229
applicant shall include with the application any information that	17230
is specified on the application form as well as the application	17231
fee established in this section.	17232

(C) Upon receipt of a completed application and the required	17233
fee from an applicant, the director or the director's designee	17234
shall issue or deny the permit to operate the commercially used	17235
weighing and measuring device that was the subject of the	17236
application.	17237

(D) A permit issued under this section expires on the	17238
thirtieth day of June of the year following its issuance and may	17239
be renewed annually on or before the first day of July of that	17240
year upon payment of a permit renewal fee established in this	17241
section.	17242

(E) If a permit renewal fee is more than sixty days past due,	17243
the director may assess a late penalty in an amount established	17244
under this section.	17245

(F) The director shall do both of the following:

17246

(1) Establish procedures and requirements governing the	17247
issuance or denial of permits under this section;	17248

(2) Establish late penalties to be assessed for the late	17249
payment of a permit renewal fee and fees for the replacement of	17250
lost or destroyed permits.	17251

(G) An applicant for a permit to operate under this section	17252
shall pay an application fee in the following applicable amount:	17253

(1) Seventy-five dollars for a livestock scale;

17254

(2) Seventy-five dollars for a vehicle scale;

17255

(3) Seventy-five dollars for a railway scale;

17256

(4) Seventy-five dollars for a vehicle tank meter;

17257

(5) Seventy-five dollars for a bulk rack meter;

17258

(6) Seventy-five dollars for a LPG meter.

17259

A person who is issued a permit under this section and who	17260
seeks to renew that permit shall pay an annual permit renewal fee.	17261
The amount of a permit renewal fee shall be equal to the	17262
application fee for that permit established in this division.	17263

(H) All money collected through the payment of fees and the	17264
imposition of penalties under this section shall be credited to	17265
the metrology and scale certification and device permitting fund	17266
created in section 1327.511 of the Revised Code.	17267

Sec. 1327.51. (A) When necessary for the enforcement of	17268
sections 1327.46 to 1327.61 of the Revised Code or rules adopted	17269
pursuant thereto, the director of agriculture and any weights and	17270
measures official acting under the authority of section 1327.52 of	17271
the Revised Code may do any of the following:	17272

(1) Enter any commercial premises during normal business	17273
hours, except that in the event such premises are not open to the	17274
public, hethe director or official shall first present ~~his~~the	17275
director's or official's credentials and obtain consent before	17276
making entry thereto, unless a search warrant previously has been	17277
obtained;	17278

(2) Issue stop-use, hold, and removal orders with respect to	17279
any weights and measures commercially used, and stop-sale, hold,	17280
and removal orders with respect to any packaged commodities or	17281
bulk commodity observed to be or believed to be ~~kept, offered, or~~	17282
~~exposed for sale~~sold;	17283

(3) Seize for use as evidence any incorrect or unapproved	17284
weight or measure or any package or commodity found to be used,	17285
retained, ~~offered or exposed for sale,~~ or sold in violation of	17286
sections 1327.46 to 1327.61 of the Revised Code or rules	17287
~~promulgated~~adopted pursuant thereto.	17288

(B) The director shall afford an opportunity for a hearing in	17289
accordance with Chapter 119. of the Revised Code to any owner or	17290
operator whose property is seized by the ~~Ohio~~ department of	17291
agriculture.	17292

Sec. 1327.511. All money collected under ~~section~~sections	17293
1327.50 and 1327.501 of the Revised Code from fees and for	17294
services rendered by the department of agriculture in operating	17295
the type evaluation program, a metrology laboratory program, and	17296
the device permitting program shall be deposited in the state	17297
treasury to the credit of the metrology and scale certification	17298
and device permitting fund, which is hereby created. Money	17299
credited to the fund shall be used to pay operating costs incurred	17300
by the department in administering the ~~program~~programs.	17301

Sec. 1327.54. No person shall misrepresent the price of any	17302
commodity or service sold~~, offered, exposed,~~ or advertised for	17303
sale by weight, measure, or count, nor represent the price in any	17304
manner calculated or tending to mislead or in any way deceive a	17305
person.	17306

Sec. 1327.57. (A) Except as otherwise provided by law, any	17307
consumer package or commodity in package form introduced or	17308
delivered for introduction into or received in intrastate	17309
commerce~~, kept for the purpose of sale, or offered~~ or ~~exposed for~~	17310
~~sale~~sold in intrastate commerce shall bear on the outside of the	17311
package a definite, plain, and conspicuous declaration, as may be	17312
prescribed by rule adopted by the director of agriculture, of any	17313
of the following, as applicable:	17314

(1) The identity of the commodity in the package unless the	17315
same can easily be identified through the wrapper or container;	17316

(2) The net quantity of the contents in terms of weight,	17317
measure, or count;	17318

(3) In the case of any package ~~kept, or offered or exposed~~	17319
~~for sale, or~~ sold at any place other than on the premises where	17320
packed, the name and place of business of the manufacturer,	17321
packer, or distributor.	17322

This section does not apply to beer or intoxicating liquor as	17323
defined in section 4301.01 of the Revised Code, or packages	17324
thereof, or to malt or brewer's wort, or packages thereof.	17325

(B) Under division (A)(2) of this section, neither the	17326
qualifying term "when packed" or any words of similar import, nor	17327
any term qualifying a unit of weight, measure, or count that tends	17328
to exaggerate the amount of commodity in a package, shall be used.	17329

(C) In addition to the declarations required by division (A)	17330
of this section, any package or commodity in package form, if the	17331
package is one of a lot containing random weights, measures, or	17332
counts of the same commodity and bears the total selling price of	17333
the package, shall bear on the outside of the package a plain and	17334
conspicuous declaration of the price per single unit of weight,	17335
measure, or count.	17336

(D) No package or commodity in package form shall be so	17337
wrapped, nor shall it be in a container so made, formed, or	17338
filled, as to mislead the purchaser as to the quantity of the	17339
contents of the package, and the contents of a container shall not	17340
fall below any reasonable standard of fill that may have been	17341
prescribed for the commodity in question by the director.	17342

Sec. 1327.62. Whenever the director of agriculture, or ~~his~~	17343
the director's designee, has cause to believe that any person has	17344
violated, or is violating~~, section~~any provision of sections	17345
~~1327.54 or~~1327.46 to 1327.61 of the Revised Code or a rule	17346
adopted under them, hethe director, or ~~his~~the director's	17347
designee, may conduct a hearing in accordance with Chapter 119. of	17348
the Revised Code to determine whether a violation has occurred. If	17349
the director or ~~his~~the director's designee determines that the	17350
person has violated or is violating ~~section 1327.54 or~~any	17351
provision of sections 1327.46 to 1327.61 of the Revised Code or a	17352
rule adopted under it, hethe director or the director's designee	17353
may assess a civil penalty against the person. The person is	17354
liable for a civil penalty of not more than five hundred dollars	17355
for a first violation; for a second violation the person is liable	17356
for a civil penalty of not more than two thousand five hundred	17357
dollars; for each subsequent violation that occurs within five	17358
years after the second violation, the person is liable for a civil	17359
penalty of not more than ten thousand dollars.	17360

Any person assessed a civil penalty under this section shall	17361
pay the amount prescribed to the department of agriculture. The	17362
department shall remit all moneys collected under this section to	17363
the treasurer of state for deposit in the general revenue fund.	17364

Sec. 1327.99. Whoever violates section 1327.501 or 1327.54	17365
or division (A), (B), (C), or (D) of section 1327.61 of the	17366
Revised Code or a rule adopted under sections 1327.46 to 1327.61	17367
of the Revised Code is guilty of a misdemeanor of the second	17368
degree on a first offense; on each subsequent offense within seven	17369
years after the first offense, such person is guilty of a	17370
misdemeanor of the first degree.	17371

Sec. 1329.04. Registration of a trade name or report of a	17372
fictitious name, under sections 1329.01 to 1329.10 of the Revised	17373
Code, shall be effective for a term of five years from the date of	17374
registration or report. Upon application filed within six months	17375
prior to the expiration of such term, on a form furnished by the	17376
secretary of state, the registration or report may be renewed at	17377
the end of each five-year period for a like term, provided that a	17378
general partnership shall renew its registration or report	17379
whenever any partner named on its registration or report ceases to	17380
be a partner. Such a renewal shall extend the registration or	17381
report for five years, unless further changes occur in the	17382
interim. The renewal fee specified in division (S)(3) of section	17383
111.16 of the Revised Code, payable to the secretary of state,	17384
shall accompany the application for renewal of the registration or	17385
report.	17386

The secretary of state shall notify persons who have	17387
registered trade names or reported fictitious names, within the	17388
six months next preceding the expiration of the five years from	17389
the date of registration or report, of the necessity of renewal by	17390
~~writing~~ordinary or electronic mail to the last known physical or	17391
electronic mail address of such persons.	17392

Sec. 1329.42. A person who uses in this state a name, mark,	17393
or device to indicate ownership of articles or supplies may file	17394
in the office of the secretary of state, on a form to be	17395
prescribed by the secretary of state, a verified statement setting	17396
forth, but not limited to, the following information:	17397

(A) The name and business address of the person filing the	17398
statement; and, if a corporation, the state of incorporation;	17399

(B) The nature of the business of the applicant;

17400

(C) The type of articles or supplies in connection with which	17401
the name, mark, or device is used.	17402

The statement shall include or be accompanied by a specimen	17403
evidencing actual use of the name, mark, or device, together with	17404
the filing fee specified in division (U)(1) of section 111.16 of	17405
the Revised Code. The registration of a name, mark, or device	17406
pursuant to this section is effective for a ten-year period	17407
beginning on the date of registration. If an application for	17408
renewal is filed within six months prior to the expiration of the	17409
ten-year period on a form prescribed by the secretary of state,	17410
the registration may be renewed at the end of each ten-year period	17411
for an additional ten-year period. The renewal fee specified in	17412
division (U)(2) of section 111.16 of the Revised Code shall	17413
accompany the application for renewal. The secretary of state	17414
shall notify a registrant within the six months next preceding the	17415
expiration of ten years from the date of registration of the	17416
necessity of renewal by ~~writing~~ordinary or electronic mail to the	17417
last known physical or electronic mail address of the registrant.	17418

Sec. 1332.24. (A)(1) In accordance with section 1332.25 of	17419
the Revised Code, the director of commerce may issue to any	17420
person, or renew, a video service authorization, which	17421
authorization confers on the person the authority, subject to	17422
sections 1332.21 to 1332.34 of the Revised Code, to provide video	17423
service in its video service area; construct and operate a video	17424
service network in, along, across, or on public rights-of-way for	17425
the provision of video service; and, when necessary to provide	17426
that service, exercise the power of a telephone company under	17427
section 4931.04 of the Revised Code. The term of a video service	17428
authorization or authorization renewal shall be ten years.	17429

(2) For the purposes of the "Cable Communications Policy Act	17430
of 1984," Pub. L. No. 98-549, 98 Stat. 2779, 47 U.S.C. 521 et	17431
seq., a video service authorization shall constitute a franchise	17432
under that law, and the director shall be the sole franchising	17433
authority under that law for video service authorizations in this	17434
state.	17435

(3) The director may impose upon and collect an annual	17436
assessment on video service providers. All money collected under	17437
division (A)(3) of this section shall be deposited in the state	17438
treasury to the credit of the ~~division of administration~~video	17439
service authorization fund created under section ~~121.08~~1332.25	17440
of the Revised Code. The total amount assessed in a fiscal year	17441
shall not exceed the lesser of four hundred fifty thousand dollars	17442
or, as shall be determined annually by the director, the	17443
department's actual, current fiscal year administrative costs in	17444
carrying out its duties under sections 1332.21 to 1332.34 of the	17445
Revised Code. The director shall allocate that total amount	17446
proportionately among the video service providers to be assessed,	17447
using a formula based on subscriber counts as of the thirty-first	17448
day of December of the preceding calendar year, which counts shall	17449
be submitted to the director not later than the thirty-first day	17450
of January of each year, via a notarized statement signed by an	17451
authorized officer. Any information submitted by a video service	17452
provider to the director for the purpose of determining subscriber	17453
counts shall be considered trade secret information, shall not be	17454
disclosed except by court order, and shall not constitute a public	17455
record under section 149.43 of the Revised Code. On or about the	17456
first day of June of each year, the director shall send to each	17457
video service provider to be assessed written notice of its	17458
proportional amount of the total assessment. The provider shall	17459
pay that amount on a quarterly basis not later than forty-five	17460
days after the end of each calendar quarter. After the initial	17461
assessment, the director annually shall reconcile the amount	17462
collected with the total, current amount assessed pursuant to this	17463
section, and either shall charge each assessed video service	17464
provider its respective proportion of any insufficiency or	17465
proportionately credit the provider's next assessment for any	17466
excess collected.	17467

(B)(1) The director may investigate alleged violations of or	17468
failures to comply with division (A) of section 1332.23, division	17469
(A) of this section, division (C) of section 1332.25, division (C)	17470
or (D) of section 1332.26, division (A), (B), or (C) of section	17471
1332.27, division (A) of section 1332.28, division (A) or (B) of	17472
section 1332.29, or section 1332.30 or 1332.31 of the Revised	17473
Code, or complaints concerning any such violation or failure.	17474
Except as provided in this section, the director has no authority	17475
to regulate video service in this state, including, but not	17476
limited to, the rates, terms, or conditions of that service.	17477

(2) In conducting an investigation under division (B)(1) of	17478
this section, the director, by subpoena, may compel witnesses to	17479
testify in relation to any matter over which the director has	17480
jurisdiction and may require the production of any book, record,	17481
or other document pertaining to that matter. If a person fails to	17482
file any statement or report, obey any subpoena, give testimony,	17483
produce any book, record, or other document as required by a	17484
subpoena, or permit photocopying of any book, record, or other	17485
document subpoenaed, the court of common pleas of any county in	17486
this state, upon application made to it by the director, shall	17487
compel obedience by attachment proceedings for contempt, as in the	17488
case of disobedience of the requirements of a subpoena issued from	17489
the court or a refusal to testify.	17490

(C)(1) If the director finds that a person has violated or	17491
failed to comply with division (A) of section 1332.23, division	17492
(A) of this section, division (C) of section 1332.25, division (C)	17493
or (D) of section 1332.26, division (A), (B), or (C) of section	17494
1332.27, division (A) of section 1332.28, division (A) or (B) of	17495
section 1332.29, or section 1332.30 or 1332.31 of the Revised	17496
Code, and the person has failed to cure the violation or failure	17497
after reasonable, written notice and reasonable time to cure, the	17498
director may do any of the following:	17499

(a) Apply to the court of common pleas of any county in this	17500
state for an order enjoining the activity or requiring compliance.	17501
Such an action shall be commenced not later than three years after	17502
the date the alleged violation or failure occurred or was	17503
reasonably discovered. Upon a showing by the director that the	17504
person has engaged in a violation or failure to comply, the court	17505
shall grant an injunction, restraining order, or other appropriate	17506
relief.	17507

(b) Enter into a written assurance of voluntary compliance	17508
with the person;	17509

(c) Pursuant to an adjudication under Chapter 119. of the	17510
Revised Code, assess a civil penalty in an amount determined by	17511
the director, including for any failure to comply with an	17512
assurance of voluntary compliance under division (C)(1)(b) of this	17513
section. The amount shall be not more than one thousand dollars	17514
for each day of violation or noncompliance, not to exceed a total	17515
of ten thousand dollars, counting all subscriber impacts as a	17516
single violation or act of noncompliance. In determining whether a	17517
civil penalty is appropriate under division (C)(1)(c) of this	17518
section, the director shall consider all of the following factors:	17519

(i) The seriousness of the noncompliance;

17520

(ii) The good faith efforts of the person to comply;

17521

(iii) The person's history of noncompliance;

17522

(iv) The financial resources of the person;

17523

(v) Any other matter that justice requires.

17524

Civil penalties collected pursuant to division (C)(1)(c) of	17525
this section shall be deposited to the credit of the video service	17526
enforcement fund in the state treasury, which is hereby created,	17527
to be used by the department of commerce in carrying out its	17528
duties under this section.	17529

(2) Pursuant to an adjudication under Chapter 119. of the	17530
Revised Code, the director may revoke, in whole or in part, the	17531
video service authorization of any person that has repeatedly and	17532
knowingly violated or failed to comply with division (A) of	17533
section 1332.23, division (A) of this section, division (C) of	17534
section 1332.25, division (C) or (D) of section 1332.26, division	17535
(A), (B), or (C) of section 1332.27, division (A) of section	17536
1332.28, division (A) or (B) of section 1332.29, or section	17537
1332.30 or 1332.31 of the Revised Code and that has failed to cure	17538
the violations or noncompliances after reasonable written notice	17539
and reasonable time to cure. Such person acts knowingly,	17540
regardless of the person's purpose, when the person is aware that	17541
the person's conduct will probably cause a certain result or will	17542
probably be of a certain nature. A person has knowledge of	17543
circumstances when the person is aware that such circumstances	17544
probably exist.	17545

(3) The court shall conduct a de novo review in any appeal	17546
from an adjudication under division (C)(1)(c) or (C)(2) of this	17547
section.	17548

(D) The public utilities commission has no authority over a	17549
video service provider in its offering of video service or a cable	17550
operator in its offering of cable or video service, or over any	17551
person in its offering of video service pursuant to a competitive	17552
video service agreement.	17553

Sec. 1501.022. There is hereby created in the state treasury	17554
the injection well review fund consisting of moneys transferred to	17555
it under section 6111.046 of the Revised Code. Moneys in the fund	17556
shall be used by the chiefs of the divisions of mineral resources	17557
management, oil and gas resources management, geological survey,	17558
and soil and water resources in the department of natural	17559
resources exclusively for the purpose of executing their duties	17560
under sections 6111.043 to 6111.047 of the Revised Code.	17561

Sec. 1501.40. The department of natural resources is the	17562
designated state agency responsible for the coordination and	17563
administration of sections 120 to 136 of the "National and	17564
Community Service Act of 1990," 104 Stat. 3127 (1990), 42 U.S.C.A.	17565
12401 to 12456, as amended. With the assistance of the Ohio	17566
~~community~~commission on service ~~council~~and volunteerism created	17567
in section 121.40 of the Revised Code, the director of natural	17568
resources shall coordinate with other state agencies to apply for	17569
funding under the act when appropriate and shall administer any	17570
federal funds the state receives under sections 120 to 136 of the	17571
act.	17572

Sec. 1503.05. (A) The chief of the division of forestry may	17573
sell timber and other forest products from the state forest and	17574
state forest nurseries whenever the chief considers such a sale	17575
desirable and, with the approval of the attorney general and the	17576
director of natural resources, may sell portions of the state	17577
forest lands when such a sale is advantageous to the state.	17578

(B) Except as otherwise provided in this section, a timber	17579
sale agreement shall not be executed unless the person or	17580
governmental entity bidding on the sale executes and files a	17581
surety bond conditioned on completion of the timber sale in	17582
accordance with the terms of the agreement in an amount equal to	17583
twenty-five per cent of the highest value cutting section. All	17584
bonds shall be given in a form prescribed by the chief and shall	17585
run to the state as obligee.	17586

The chief shall not approve any bond until it is personally	17587
signed and acknowledged by both principal and surety, or as to	17588
either by the attorney in fact thereof, with a certified copy of	17589
the power of attorney attached. The chief shall not approve the	17590
bond unless there is attached a certificate of the superintendent	17591
of insurance that the company is authorized to transact a fidelity	17592
and surety business in this state.	17593

In lieu of a bond, the bidder may deposit any of the	17594
following:	17595

(1) Cash in an amount equal to the amount of the bond;

17596

(2) United States government securities having a par value	17597
equal to or greater than the amount of the bond;	17598

(3) Negotiable certificates of deposit or irrevocable letters	17599
of credit issued by any bank organized or transacting business in	17600
this state having a par value equal to or greater than the amount	17601
of the bond.	17602

The cash or securities shall be deposited on the same terms	17603
as bonds. If one or more certificates of deposit are deposited in	17604
lieu of a bond, the chief shall require the bank that issued any	17605
of the certificates to pledge securities of the aggregate market	17606
value equal to the amount of the certificate or certificates that	17607
is in excess of the amount insured by the federal deposit	17608
insurance corporation. The securities to be pledged shall be those	17609
designated as eligible under section 135.18 of the Revised Code.	17610
The securities shall be security for the repayment of the	17611
certificate or certificates of deposit.	17612

Immediately upon a deposit of cash, securities, certificates	17613
of deposit, or letters of credit, the chief shall deliver them to	17614
the treasurer of state, who shall hold them in trust for the	17615
purposes for which they have been deposited. The treasurer of	17616
state is responsible for the safekeeping of the deposits. A bidder	17617
making a deposit of cash, securities, certificates of deposit, or	17618
letters of credit may withdraw and receive from the treasurer of	17619
state, on the written order of the chief, all or any portion of	17620
the cash, securities, certificates of deposit, or letters of	17621
credit upon depositing with the treasurer of state cash, other	17622
United States government securities, or other negotiable	17623
certificates of deposit or irrevocable letters of credit issued by	17624
any bank organized or transacting business in this state, equal in	17625
par value to the par value of the cash, securities, certificates	17626
of deposit, or letters of credit withdrawn.	17627

A bidder may demand and receive from the treasurer of state	17628
all interest or other income from any such securities or	17629
certificates as it becomes due. If securities so deposited with	17630
and in the possession of the treasurer of state mature or are	17631
called for payment by their issuer, the treasurer of state, at the	17632
request of the bidder who deposited them, shall convert the	17633
proceeds of the redemption or payment of the securities into other	17634
United States government securities, negotiable certificates of	17635
deposit, or cash as the bidder designates.	17636

When the chief finds that a person or governmental agency has	17637
failed to comply with the conditions of the person's or	17638
governmental agency's bond, the chief shall make a finding of that	17639
fact and declare the bond, cash, securities, certificates, or	17640
letters of credit forfeited. The chief thereupon shall certify the	17641
total forfeiture to the attorney general, who shall proceed to	17642
collect the amount of the bond, cash, securities, certificates, or	17643
letters of credit.	17644

In lieu of total forfeiture, the surety, at its option, may	17645
cause the timber sale to be completed or pay to the treasurer of	17646
state the cost thereof.	17647

All moneys collected as a result of forfeitures of bonds,	17648
cash, securities, certificates, and letters of credit under this	17649
section shall be credited to the state forest fund created in this	17650
section.	17651

(C) The chief may grant easements and leases on portions of	17652
the state forest lands and state forest nurseries under terms that	17653
are advantageous to the state, and the chief may grant mineral	17654
rights on a royalty basis on those lands and nurseries, with the	17655
approval of the attorney general and the director.	17656

(D) All moneys received from the sale of state forest lands,	17657
or in payment for easements or leases on or as rents from those	17658
lands or from state forest nurseries, shall be paid into the state	17659
treasury to the credit of the state forest fund, which is hereby	17660
created. In addition, all moneys received from federal grants,	17661
payments, and reimbursements, from the sale of reforestation tree	17662
stock, from the sale of forest products, other than standing	17663
timber, and from the sale of minerals taken from the state forest	17664
lands and state forest nurseries, together with royalties from	17665
mineral rights, shall be paid into the state treasury to the	17666
credit of the state forest fund. Any other revenues derived from	17667
the operation of the state forests and related facilities or	17668
equipment also shall be paid into the state treasury to the credit	17669
of the state forest fund, as shall contributions received for the	17670
issuance of Smokey Bear license plates under section 4503.574 of	17671
the Revised Code and any other moneys required by law to be	17672
deposited in the fund.	17673

The state forest fund shall not be expended for any purpose	17674
other than the administration, operation, maintenance,	17675
development, or utilization of the state forests, forest	17676
nurseries, and forest programs, for facilities or equipment	17677
incident to them, or for the further purchase of lands for state	17678
forest or forest nursery purposes and, in the case of	17679
contributions received pursuant to section 4503.574 of the Revised	17680
Code, for fire prevention purposes.	17681

All moneys received from the sale of standing timber taken	17682
from state forest lands and state forest nurseries shall be	17683
deposited into the state treasury to the credit of the forestry	17684
holding account redistribution fund, which is hereby created. The	17685
moneys shall remain in the fund until they are redistributed in	17686
accordance with this division.	17687

The redistribution shall occur at least once each year. To	17688
begin the redistribution, the chief first shall determine the	17689
amount of all standing timber sold from state forest lands and	17690
state forest nurseries, together with the amount of the total sale	17691
proceeds, in each county, in each township within the county, and	17692
in each school district within the county. The chief next shall	17693
determine the amount of the direct costs that the division of	17694
forestry incurred in association with the sale of that standing	17695
timber. The amount of the direct costs shall be subtracted from	17696
the amount of the total sale proceeds and shall be transferred	17697
from the forestry holding account redistribution fund to the state	17698
forest fund.	17699

The remaining amount of the total sale proceeds equals the	17700
net value of the standing timber that was sold. The chief shall	17701
determine the net value of standing timber sold from state forest	17702
lands and state forest nurseries in each county, in each township	17703
within the county, and in each school district within the county	17704
and shall send to each county treasurer a copy of the	17705
determination at the time that moneys are paid to the county	17706
treasurer under this division.	17707

Twenty-five per cent of the net value of standing timber sold	17708
from state forest lands and state forest nurseries located in a	17709
county shall be transferred from the forestry holding account	17710
redistribution fund to the state forest fund. Ten per cent of that	17711
net value shall be transferred from the forestry holding account	17712
redistribution fund to the general revenue fund. The remaining	17713
sixty-five per cent of the net value shall be transferred from the	17714
forestry holding account redistribution fund and paid to the	17715
county treasurer for the use of the general fund of that county.	17716

The county auditor shall do all of the following:

17717

(1) Retain for the use of the general fund of the county	17718
one-fourth of the amount received by the county under division (D)	17719
of this section;	17720

(2) Pay into the general fund of any township located within	17721
the county and containing such lands and nurseries one-fourth of	17722
the amount received by the county from standing timber sold from	17723
lands and nurseries located in the township;	17724

(3) Request the board of education of any school district	17725
located within the county and containing such lands and nurseries	17726
to identify which fund or funds of the district should receive the	17727
moneys available to the school district under division (D)(3) of	17728
this section. After receiving notice from the board, the county	17729
auditor shall pay into the fund or funds so identified one-half of	17730
the amount received by the county from standing timber sold from	17731
lands and nurseries located in the school district, distributed	17732
proportionately as identified by the board.	17733

The division of forestry shall not supply logs, lumber, or	17734
other forest products or minerals, taken from the state forest	17735
lands or state forest nurseries, to any other agency or	17736
subdivision of the state unless payment is made therefor in the	17737
amount of the actual prevailing value thereof. This section is	17738
applicable to the moneys so received.	17739

(E) The chief may enter into a personal service contract for	17740
consulting services to assist the chief with the sale of timber or	17741
other forest products and related inventory. Compensation for	17742
consulting services shall be paid from the proceeds of the sale of	17743
timber or other forest products and related inventory that are the	17744
subject of the personal service contract.	17745

Sec. 1505.01. The division of geological survey:

17746

(A) Shall collect, study, and interpret all available	17747
information pertaining to the geomorphology, stratigraphy,	17748
paleontology, mineralogy, and geologic structure of the state and	17749
shall publish reports on the same;	17750

(B) Shall collect, study, and interpret all available data	17751
pertaining to the origin, distribution, extent, use, and valuation	17752
of mineralogical and geological raw materials and natural	17753
resources such as: clays, coals, building stones, gypsum, salt,	17754
limestones ~~and~~, dolomite, aggregates, sand, gravel, shales ~~for~~	17755
~~cement and other uses, petroleum~~, oil, natural gas, brines, ~~saline~~	17756
~~deposits,~~ molding sands, and other natural substances of use and	17757
value, excluding only those pertaining to water usable as such for	17758
agricultural, industrial, commercial, and domestic purposes, but	17759
not excluding other rock fluids such as natural and artificial	17760
brines and oil-well fluids;	17761

(C) Shall make special studies and reports of resources of	17762
geological nature within the state ~~which~~that in its discretion	17763
are of current or potential economic, environmental, or	17764
educational significance or of significance to the health,	17765
welfare, and safety of the public;	17766

(D) May examine the technological processes by which mining,	17767
quarrying, or other extracting processes may be improved, or by	17768
which materials now uneconomical to exploit may be extracted and	17769
used commercially for the public welfare;	17770

(E) Shall make, store, catalog, and have available ~~for~~	17771
~~distribution~~in perpetuity data, maps, diagrams, records, rock	17772
cores, samples, profiles, and geologic sections portraying the	17773
geological characteristics and topography of the state, both of	17774
general nature and of specific localities;	17775

(F) May~~, or at the request of other agencies of the state~~	17776
~~government shall,~~ advise ~~and~~, consult, or collaborate with	17777
representatives of ~~those~~ agencies of the state, other state	17778
governments, or the United States government on problems or issues	17779
of a geological nature;	17780

(G) Shall advise, consult, or collaborate with	17781
representatives of agencies of the state, other state governments,	17782
or the United States government on problems or issues of a	17783
geological nature when requested by such an agency or government;	17784

(H) May create custom maps, custom data sets, or other custom	17785
products for government agencies, colleges and universities, and	17786
persons;	17787

(I) May provide information on the geological nature of the	17788
state to government agencies, colleges and universities, and	17789
persons.	17790

Sec. 1505.011. (A) Custom maps, custom data sets, and other	17791
custom products created and information provided pursuant to	17792
divisions (H) and (I) of section 1505.01 of the Revised Code for	17793
use by governmental agencies and colleges and universities are	17794
intellectual property records as defined in section 149.43 of the	17795
Revised Code and may be held confidential pursuant to a contract.	17796

(B) Custom maps, custom data sets, and other custom products	17797
created and information provided pursuant to divisions (H) and (I)	17798
of section 1505.01 of the Revised Code for use by persons are	17799
intellectual property records as defined in section 149.43 of the	17800
Revised Code and shall be held confidential pursuant to a	17801
contract.	17802

Sec. 1505.04. (A) Any person, firm, government agency, or	17803
corporation who, for hire, or by its own forces for economic use	17804
or exploration, drills, bores, or digs within the state a well for	17805
the production or extraction of any gas or liquid, excluding only	17806
water to be used as such, but including natural or artificial	17807
brines and oil-filled waters, or who drills ~~wells~~, bores, or digs	17808
within the state a well to explore geological formations, shall	17809
keep a careful and accurate log of ~~such~~the activity and report	17810
the same together with the results of any rock or fluid analyses	17811
or of any production ~~test results~~or pressure tests in such form	17812
as is designated by the division of geological survey to the chief	17813
of the division of geological survey.	17814

(B) The division may file such well logs and establish and	17815
observe such regulations regarding their availability and use as	17816
will meet the legitimate requirements of the owner or lessee of	17817
the well. Personnel of the division of may examine any such well	17818
during its construction to confirm the accuracy of the log and to	17819
collect samples of the cores, chips, fluids, gases, or sludge.	17820

(C) No person, firm, agency, or corporation shall fail to	17821
keep an accurate log or file a report as required in division (A)	17822
of this section.	17823

Sec. 1505.05. (A) Notwithstanding any other provision of the	17824
Revised Code to the contrary, the chief of the division of	17825
geological survey shall adopt rules under Chapter 119. of the	17826
Revised Code that establish a fee schedule for requests for	17827
manipulated, interpreted, or analyzed data from the geologic	17828
records, data, maps, rock cores, and samples archived by the	17829
division. The fee schedule may include the cost of specialized	17830
storage requirements, programming, labor, research, retrieval,	17831
data manipulation, and copying and mailing of records requested	17832
from the archives. In addition, the rules shall establish	17833
procedures for the levying and collection of the fees in the fee	17834
schedule.	17835

(B) For purposes of divisions (H) and (I) of section 1505.01	17836
of the Revised Code, the chief shall adopt rules under Chapter	17837
119. of the Revised Code that establish a fee schedule to be paid	17838
for creating custom maps, custom data sets, and other custom	17839
products and for providing geological information of the state.	17840
The fee schedule may include the costs of labor, research,	17841
analysis, equipment, and technology. In addition, the rules shall	17842
establish procedures for the levying and collection of the fees in	17843
the fee schedule.	17844

(C) The chief may reduce or waive a fee in a fee schedule	17845
established in rules adopted under division (A) or (B) of this	17846
section for a student that is enrolled in an institution of higher	17847
education.	17848

(D) Any revision to a fee schedule established in rules	17849
adopted under division (A) or (B) of this section shall be	17850
established in rules adopted under Chapter 119. of the Revised	17851
Code. A revision to a fee schedule is subject to review by the	17852
Ohio geology advisory council created in section 1505.11 of the	17853
Revised Code and to approval by the director of natural resources.	17854

(E) All fees collected under this section shall be credited	17855
to the geological mapping fund created in section 1505.09 of the	17856
Revised Code.	17857

Sec. 1505.06. The chief of the division of geological survey	17858
in the discharge of ~~his~~official duties under ~~section~~sections	17859
1505.01 to 1505.08~~, inclusive,~~ of the Revised Code, may call to	17860
~~his~~the chief's assistance, temporarily, any engineers or other	17861
employees in any state department, or in the Ohio state	17862
university, or other educational institutions financed wholly or	17863
in part by the state, for the purpose of making studies, surveys,	17864
maps, and plans for ~~erosion~~economic development or geologic	17865
hazards projects.	17866

Such engineers and employees shall not receive any additional	17867
compensation over that which they receive from the departments by	17868
which they are employed, but they shall be reimbursed for their	17869
actual necessary expenses incurred while working under the	17870
direction of the chief on ~~erosion~~the projects.	17871

Sec. 1505.09. There is hereby created in the state treasury	17872
the geological mapping fund, to be administered by the chief of	17873
the division of geological survey. The fund shall be used	17874
~~exclusively~~ for the purposes of performing the necessary field,	17875
laboratory, and administrative tasks to map and make public	17876
reports on the geology, geologic hazards, and energy and mineral	17877
resources ~~of each county~~ of the state. The source of moneys for	17878
the fund shall include, but not be limited to, the mineral	17879
severance tax as specified in section 5749.02 of the Revised Code	17880
and the fees collected under rules adopted under section 1505.05	17881
of the Revised Code. The chief may seek federal or other moneys in	17882
addition to the mineral severance tax and fees to carry out the	17883
purposes of this section. If the chief receives federal moneys for	17884
the purposes of this section, hethe chief shall deposit those	17885
moneys into the state treasury to the credit of a fund ~~which shall~~	17886
be created ~~at that time~~ by the controlling board to carry out	17887
those purposes. Other moneys received by the chief for the	17888
purposes of this section in addition to the mineral severance tax,	17889
fees, and federal moneys shall be credited to the geological	17890
mapping fund.	17891

Sec. 1505.11. There is hereby created in the department of	17892
natural resources the Ohio geology advisory council consisting of	17893
seven members to be appointed by the governor with the advice and	17894
consent of the senate. No more than four of the members shall be	17895
of the same political party. Members shall be persons who have a	17896
demonstrated interest in ~~Ohio~~the geology and mineral resources of	17897
this state and whose expertise reflects the various	17898
responsibilities of the division of geological survey. The council	17899
shall include at least one representative from each of the	17900
following: the oil and gas industry, the industrial minerals	17901
industry, the coal industry, hydrogeology interests, environmental	17902
geology interests, and an institution of higher education in this	17903
state. The chief of the division of geological survey may	17904
participate in the deliberations of the council, but shall not	17905
vote.	17906

Within ninety days after ~~the effective date of this section~~	17907
May 3, 1990, the governor shall make initial appointments to the	17908
council. Of the initial appointments, three shall be for a term	17909
ending one year after ~~the effective date of this section~~May 3,	17910
1990, three shall be for a term ending two years after ~~the~~	17911
~~effective date of this section~~May 3, 1990, and one shall be for a	17912
term ending three years after ~~the effective date of this section~~	17913
May 3, 1990. Thereafter, terms of office shall be for three years,	17914
with each term ending on the same day of the same month as did the	17915
term that it succeeds. Members may be reappointed. The governor	17916
may remove any member at any time for inefficiency, neglect of	17917
duty, or malfeasance in office. Vacancies shall be filled in the	17918
manner provided for original appointments. Any member appointed to	17919
fill a vacancy prior to the expiration date of the term for which	17920
~~his~~the member's predecessor was appointed shall hold office as a	17921
member for the remainder of that term. A member shall continue in	17922
office subsequent to the expiration date of ~~his~~the member's term	17923
until ~~his~~the member's successor takes office or until a period of	17924
sixty days has elapsed, whichever occurs first.	17925

Serving as an appointed member on the council does not	17926
constitute holding a public office or position of employment under	17927
the laws of this state and does not constitute grounds for removal	17928
of public officers or employees from their offices or positions of	17929
employment.	17930

Members shall serve without compensation, but shall be	17931
reimbursed for their actual and necessary expenses incurred in the	17932
performance of their official duties from moneys appropriated to	17933
the division.	17934

The council annually shall select from its members a ~~chairman~~	17935
chairperson and a ~~vice-chairman~~vice-chairperson. The council	17936
shall hold at least one meeting each calendar quarter and shall	17937
keep a record of its proceedings, which shall be open to public	17938
inspection. Special meetings may be called by the ~~chairman~~	17939
chairperson and shall be called upon the written request of two or	17940
more members. A majority of the members constitutes a quorum. The	17941
division shall furnish clerical, technical, legal, and other	17942
services required by the council in the performance of its duties.	17943

The council shall do all of the following:

17944

(A) Advise the chief ~~of the division of geological survey~~ in	17945
carrying out the duties of the division under this chapter;	17946

(B) Recommend policy and legislation with respect to geology,	17947
resource analysis, and management that will promote the economic	17948
and industrial development of the state while minimizing threats	17949
to the natural environment of the state;	17950

(C) Review and make recommendations on the development of	17951
plans and programs for long-term, comprehensive geologic mapping	17952
and analysis throughout the state;	17953

(D) Recommend ways to enhance cooperation among governmental	17954
agencies having an interest in ~~Ohio~~the geology of the state to	17955
encourage wise use and management of the geology and mineral	17956
resources of the state. To this end, the council shall request	17957
nonvoting representation from appropriate governmental agencies.	17958

(E) Review and make recommendations with respect to changes	17959
in the fee schedules established in rules adopted under section	17960
1505.05 of the Revised Code.	17961

Sec. 1505.99. (A) Whoever violates section 1505.07 of the	17962
Revised Code shall be fined not less than one thousand nor more	17963
than two thousand dollars on a first offense; on each subsequent	17964
offense, the person shall be fined not less than two thousand nor	17965
more than five thousand dollars.	17966

(B) Whoever violates section 1505.04 or 1505.10 of the	17967
Revised Code shall be fined not less than one hundred nor more	17968
than one thousand dollars on a first offense; on each subsequent	17969
offense, the person shall be fined not less than one thousand nor	17970
more than two thousand dollars. Notwithstanding any section of the	17971
Revised Code relating to the distribution or crediting of fines	17972
for violations of the Revised Code, all fines imposed under this	17973
division shall be paid into the geological mapping fund created in	17974
section 1505.09 of the Revised Code.	17975

Sec. 1509.01. As used in this chapter:

17976

(A) "Well" means any borehole, whether drilled or bored,	17977
within the state for production, extraction, or injection of any	17978
gas or liquid mineral, excluding potable water to be used as such,	17979
but including natural or artificial brines and oil field waters.	17980

(B) "Oil" means crude petroleum oil and all other	17981
hydrocarbons, regardless of gravity, that are produced in liquid	17982
form by ordinary production methods, but does not include	17983
hydrocarbons that were originally in a gaseous phase in the	17984
reservoir.	17985

(C) "Gas" means all natural gas and all other fluid	17986
hydrocarbons that are not oil, including condensate.	17987

(D) "Condensate" means liquid hydrocarbons that were	17988
originally in the gaseous phase in the reservoir.	17989

(E) "Pool" means an underground reservoir containing a common	17990
accumulation of oil or gas, or both, but does not include a gas	17991
storage reservoir. Each zone of a geological structure that is	17992
completely separated from any other zone in the same structure may	17993
contain a separate pool.	17994

(F) "Field" means the general area underlaid by one or more	17995
pools.	17996

(G) "Drilling unit" means the minimum acreage on which one	17997
well may be drilled, but does not apply to a well for injecting	17998
gas into or removing gas from a gas storage reservoir.	17999

(H) "Waste" includes all of the following:

18000

(1) Physical waste, as that term generally is understood in	18001
the oil and gas industry;	18002

(2) Inefficient, excessive, or improper use, or the	18003
unnecessary dissipation, of reservoir energy;	18004

(3) Inefficient storing of oil or gas;

18005

(4) Locating, drilling, equipping, operating, or producing an	18006
oil or gas well in a manner that reduces or tends to reduce the	18007
quantity of oil or gas ultimately recoverable under prudent and	18008
proper operations from the pool into which it is drilled or that	18009
causes or tends to cause unnecessary or excessive surface loss or	18010
destruction of oil or gas;	18011

(5) Other underground or surface waste in the production or	18012
storage of oil, gas, or condensate, however caused.	18013

(I) "Correlative rights" means the reasonable opportunity to	18014
every person entitled thereto to recover and receive the oil and	18015
gas in and under the person's tract or tracts, or the equivalent	18016
thereof, without having to drill unnecessary wells or incur other	18017
unnecessary expense.	18018

(J) "Tract" means a single, individually taxed parcel of land	18019
appearing on the tax list.	18020

(K) "Owner," unless referring to a mine, means the person who	18021
has the right to drill on a tract or drilling unit, to drill into	18022
and produce from a pool, and to appropriate the oil or gas	18023
produced therefrom either for the person or for others, except	18024
that a person ceases to be an owner with respect to a well when	18025
the well has been plugged in accordance with applicable rules	18026
adopted and orders issued under this chapter. "Owner" does not	18027
include a person who obtains a lease of the mineral rights for oil	18028
and gas on a parcel of land if the person does not attempt to	18029
produce or produce oil or gas from a well or obtain a permit under	18030
this chapter for a well or if the entire interest of a well is	18031
transferred to the person in accordance with division (B) of	18032
section 1509.31 of the Revised Code.	18033

(L) "Royalty interest" means the fee holder's share in the	18034
production from a well.	18035

(M) "Discovery well" means the first well capable of	18036
producing oil or gas in commercial quantities from a pool.	18037

(N) "Prepared clay" means a clay that is plastic and is	18038
thoroughly saturated with fresh water to a weight and consistency	18039
great enough to settle through saltwater in the well in which it	18040
is to be used, except as otherwise approved by the chief of the	18041
division of ~~mineral~~oil and gas resources management.	18042

(O) "Rock sediment" means the combined cutting and residue	18043
from drilling sedimentary rocks and formation.	18044

(P) "Excavations and workings," "mine," and "pillar" have the	18045
same meanings as in section 1561.01 of the Revised Code.	18046

(Q) "Coal bearing township" means a township designated as	18047
such by the chief of the division of mineral resources management	18048
under section 1561.06 of the Revised Code.	18049

(R) "Gas storage reservoir" means a continuous area of a	18050
subterranean porous sand or rock stratum or strata into which gas	18051
is or may be injected for the purpose of storing it therein and	18052
removing it therefrom and includes a gas storage reservoir as	18053
defined in section 1571.01 of the Revised Code.	18054

(S) "Safe Drinking Water Act" means the "Safe Drinking Water	18055
Act," 88 Stat. 1661 (1974), 42 U.S.C.A. 300(f), as amended by the	18056
"Safe Drinking Water Amendments of 1977," 91 Stat. 1393, 42	18057
U.S.C.A. 300(f), the "Safe Drinking Water Act Amendments of 1986,"	18058
100 Stat. 642, 42 U.S.C.A. 300(f), and the "Safe Drinking Water	18059
Act Amendments of 1996," 110 Stat. 1613, 42 U.S.C.A. 300(f), and	18060
regulations adopted under those acts.	18061

(T) "Person" includes any political subdivision, department,	18062
agency, or instrumentality of this state; the United States and	18063
any department, agency, or instrumentality thereof; and any legal	18064
entity defined as a person under section 1.59 of the Revised Code.	18065

(U) "Brine" means all saline geological formation water	18066
resulting from, obtained from, or produced in connection with	18067
exploration, drilling, well stimulation, production of oil or gas,	18068
or plugging of a well.	18069

(V) "Waters of the state" means all streams, lakes, ponds,	18070
marshes, watercourses, waterways, springs, irrigation systems,	18071
drainage systems, and other bodies of water, surface or	18072
underground, natural or artificial, that are situated wholly or	18073
partially within this state or within its jurisdiction, except	18074
those private waters that do not combine or effect a junction with	18075
natural surface or underground waters.	18076

(W) "Exempt Mississippian well" means a well that meets all	18077
of the following criteria:	18078

(1) Was drilled and completed before January 1, 1980;

18079

(2) Is located in an unglaciated part of the state;

18080

(3) Was completed in a reservoir no deeper than the	18081
Mississippian Big Injun sandstone in areas underlain by	18082
Pennsylvanian or Permian stratigraphy, or the Mississippian Berea	18083
sandstone in areas directly underlain by Permian stratigraphy;	18084

(4) Is used primarily to provide oil or gas for domestic use.

18085

(X) "Exempt domestic well" means a well that meets all of the	18086
following criteria:	18087

(1) Is owned by the owner of the surface estate of the tract	18088
on which the well is located;	18089

(2) Is used primarily to provide gas for the owner's domestic	18090
use;	18091

(3) Is located more than two hundred feet horizontal distance	18092
from any inhabited private dwelling house other than an inhabited	18093
private dwelling house located on the tract on which the well is	18094
located;	18095

(4) Is located more than two hundred feet horizontal distance	18096
from any public building that may be used as a place of resort,	18097
assembly, education, entertainment, lodging, trade, manufacture,	18098
repair, storage, traffic, or occupancy by the public.	18099

(Y) "Urbanized area" means an area where a well or production	18100
facilities of a well are located within a municipal corporation or	18101
within a township that has an unincorporated population of more	18102
than five thousand in the most recent federal decennial census	18103
prior to the issuance of the permit for the well or production	18104
facilities.	18105

(Z) "Well stimulation" or "stimulation of a well" means the	18106
process of enhancing well productivity, including hydraulic	18107
fracturing operations.	18108

(AA) "Production operation" means all operations and	18109
activities and all related equipment, facilities, and other	18110
structures that may be used in or associated with the exploration	18111
and production of oil, gas, or other mineral resources that are	18112
regulated under this chapter, including operations and activities	18113
associated with site preparation, site construction, access ~~roads~~	18114
road construction, well drilling, well completion, well	18115
stimulation, well ~~operation~~site activities, ~~site~~ reclamation,	18116
and ~~well~~ plugging. "Production operation" also includes all of the	18117
following:	18118

(1) The piping ~~and~~, equipment, and facilities used for the	18119
production and preparation of hydrocarbon gas or liquids for	18120
transportation or delivery;	18121

(2) The processes of extraction and recovery, lifting,	18122
stabilization, treatment, separation, production processing,	18123
storage, waste disposal, and measurement of hydrocarbon gas and	18124
liquids, including related equipment and facilities;	18125

(3) The processes and related equipment and facilities	18126
associated with production compression, gas lift, gas injection,	18127
~~and~~ fuel gas supply, well drilling, well stimulation, and well	18128
completion activities, including dikes, pits, and earthen and	18129
other impoundments used for the temporary storage of fluids and	18130
waste substances associated with well drilling, well stimulation,	18131
and well completion activities.	18132

(BB) "Annular overpressurization" means the accumulation of	18133
fluids within an annulus with sufficient pressure to allow	18134
migration of annular fluids into underground sources of drinking	18135
water.	18136

(CC) "Idle and orphaned well" means a well for which a bond	18137
has been forfeited or an abandoned well for which no money is	18138
available to plug the well in accordance with this chapter and	18139
rules adopted under it.	18140

(DD) "Temporarily inactive well" means a well that has been	18141
granted temporary inactive status under section 1509.062 of the	18142
Revised Code.	18143

(EE) "Material and substantial violation" means any of the	18144
following:	18145

(1) Failure to obtain a permit to drill, reopen, convert,	18146
plugback, or plug a well under this chapter;	18147

(2) Failure to obtain or maintain insurance coverage that is	18148
required under this chapter;	18149

(3) Failure to obtain or maintain a surety bond that is	18150
required under this chapter;	18151

(4) Failure to plug an abandoned well or idle and orphaned	18152
well unless the well has been granted temporary inactive status	18153
under section 1509.062 of the Revised Code or the chief of the	18154
division of oil and gas resources management has approved another	18155
option concerning the abandoned well or idle and orphaned well;	18156

(5) Failure to restore a disturbed land surface as required	18157
by section 1509.072 of the Revised Code;	18158

(6) Failure to reimburse the oil and gas well fund pursuant	18159
to a final order issued under section 1509.071 of the Revised	18160
Code;	18161

(7) Failure to comply with a final nonappealable order of the	18162
chief issued under section 1509.04 of the Revised Code.	18163

(FF) "Severer" has the same meaning as in section 5749.01 of	18164
the Revised Code.	18165

Sec. 1509.02. There is hereby created in the department of	18166
natural resources the division of ~~mineral~~oil and gas resources	18167
management, which shall be administered by the chief of the	18168
division of ~~mineral~~oil and gas resources management. The	18169
division has sole and exclusive authority to regulate the	18170
permitting, location, and spacing of oil and gas wells and	18171
production operations within the state. The regulation of oil and	18172
gas activities is a matter of general statewide interest that	18173
requires uniform statewide regulation, and this chapter and rules	18174
adopted under it constitute a comprehensive plan with respect to	18175
all aspects of the locating, drilling, well stimulation,	18176
completing, and operating of oil and gas wells within this state,	18177
including site construction and restoration, the permitting of	18178
discharges related to those activities, and the disposal of wastes	18179
from those wells. Nothing in this section affects the authority	18180
granted to the director of transportation and local authorities in	18181
section 723.01 or 4513.34 of the Revised Code, provided that the	18182
authority granted under those sections shall not be exercised in a	18183
manner that discriminates against, unfairly impedes, or obstructs	18184
oil and gas activities and operations regulated under this	18185
chapter.	18186

The chief shall not hold any other public office, nor shall	18187
the chief be engaged in any occupation or business that might	18188
interfere with or be inconsistent with the duties as chief.	18189

All moneys collected by the chief pursuant to sections	18190
1509.06, 1509.061, 1509.062, 1509.071, 1509.13, 1509.22, 1509.221,	18191
1509.222, 1509.34, and 1509.50 of the Revised Code, ninety per	18192
cent of moneys received by the treasurer of state from the tax	18193
levied in divisions (A)(5) and (6) of section 5749.02 of the	18194
Revised Code, all civil penalties paid under section 1509.33 of	18195
the Revised Code, and, notwithstanding any section of the Revised	18196
Code relating to the distribution or crediting of fines for	18197
violations of the Revised Code, all fines imposed under divisions	18198
(A) and (B) of section 1509.99 of the Revised Code and fines	18199
imposed under divisions (C) and (D) of section 1509.99 of the	18200
Revised Code for all violations prosecuted by the attorney general	18201
and for violations prosecuted by prosecuting attorneys that do not	18202
involve the transportation of brine by vehicle shall be deposited	18203
into the state treasury to the credit of the oil and gas well	18204
fund, which is hereby created. Fines imposed under divisions (C)	18205
and (D) of section 1509.99 of the Revised Code for violations	18206
prosecuted by prosecuting attorneys that involve the	18207
transportation of brine by vehicle and penalties associated with a	18208
compliance agreement entered into pursuant to this chapter shall	18209
be paid to the county treasury of the county where the violation	18210
occurred.	18211

The fund shall be used solely and exclusively for the	18212
purposes enumerated in division (B) of section 1509.071 of the	18213
Revised Code, for the expenses of the division associated with the	18214
administration of this chapter and Chapter 1571. of the Revised	18215
Code and rules adopted under them, and for expenses that are	18216
critical and necessary for the protection of human health and	18217
safety and the environment related to oil and gas production in	18218
this state. The expenses of the division in excess of the moneys	18219
available in the fund shall be paid from general revenue fund	18220
appropriations to the department.	18221

Sec. 1509.021. On and after ~~the effective date of this~~	18222
~~section~~June 30, 2010, all of the following apply:	18223

(A) The surface location of a new well or a tank battery of a	18224
well shall not be within one hundred fifty feet of an occupied	18225
dwelling that is located in an urbanized area unless the owner of	18226
the land on which the occupied dwelling is located consents in	18227
writing to the surface location of the well or tank battery of a	18228
well less than one hundred fifty feet from the occupied dwelling	18229
and the chief of the division of ~~mineral~~oil and gas resources	18230
management approves the written consent of that owner. However,	18231
the chief shall not approve the written consent of such an owner	18232
when the surface location of a new well or a tank battery of a	18233
well will be within one hundred feet of an occupied dwelling that	18234
is located in an urbanized area.	18235

(B) The surface location of a new well shall not be within	18236
one hundred fifty feet from the property line of a parcel of land	18237
that is not in the drilling unit of the well if the parcel of land	18238
is located in an urbanized area and directional drilling will be	18239
used to drill the new well unless the owner of the parcel of land	18240
consents in writing to the surface location of the well less than	18241
one hundred fifty feet from the property line of the parcel of	18242
land and the chief approves the written consent of that owner.	18243
However, the chief shall not approve the written consent of such	18244
an owner when the surface location of a new well will be less than	18245
one hundred feet from the property line of the owner's parcel of	18246
land that is not in the drilling unit of the well if the parcel of	18247
land is located in an urbanized area and directional drilling will	18248
be used.	18249

(C) The surface location of a new well shall not be within	18250
two hundred feet of an occupied dwelling that is located in an	18251
urbanized area and that is located on land that has become part of	18252
the drilling unit of the well pursuant to a mandatory pooling	18253
order issued under section 1509.27 of the Revised Code unless the	18254
owner of the land on which the occupied dwelling is located	18255
consents in writing to the surface location of the well at a	18256
distance that is less than two hundred feet from the occupied	18257
dwelling. However, if the owner of the land on which the occupied	18258
dwelling is located provides such written consent, the surface	18259
location of the well shall not be within one hundred feet of the	18260
occupied dwelling.	18261

If an applicant cannot identify an owner of land or if an	18262
owner of land is not responsive to attempts by the applicant to	18263
contact the owner, the applicant may submit an affidavit to the	18264
chief attesting to such an unidentifiable owner or to such	18265
unresponsiveness of an owner and attempts by the applicant to	18266
contact the owner and include a written request to reduce the	18267
distance of the location of the well from the occupied dwelling to	18268
less than two hundred feet. If the chief receives such an	18269
affidavit and written request, the chief shall reduce the distance	18270
of the location of the well from the occupied dwelling to a	18271
distance of not less than one hundred feet.	18272

(D) Except as otherwise provided in division (L) of this	18273
section, the surface location of a new well shall not be within	18274
one hundred fifty feet of the property line of a parcel of land	18275
that is located in an urbanized area and that has become part of	18276
the drilling unit of the well pursuant to a mandatory pooling	18277
order issued under section 1509.27 of the Revised Code unless the	18278
owner of the land consents in writing to the surface location of	18279
the well at a distance that is less than one hundred fifty feet	18280
from the owner's property line. However, if the owner of the land	18281
provides such written consent, the surface location of the well	18282
shall not be within seventy-five feet of the property line of the	18283
owner's parcel of land.	18284

If an applicant cannot identify an owner of land or if an	18285
owner of land is not responsive to attempts by the applicant to	18286
contact the owner, the applicant may submit an affidavit to the	18287
chief attesting to such an unidentifiable owner or to such	18288
unresponsiveness of an owner and attempts by the applicant to	18289
contact the owner and include a written request to reduce the	18290
distance of the location of the well from the property line of the	18291
owner's parcel of land to less than one hundred fifty feet. If the	18292
chief receives such an affidavit and written request, the chief	18293
shall reduce the distance of the location of the well from the	18294
property line to a distance of not less than seventy-five feet.	18295

(E) The surface location of a new tank battery of a well	18296
shall not be within one hundred fifty feet of an occupied dwelling	18297
that is located in an urbanized area and that is located on land	18298
that has become part of the drilling unit of the well pursuant to	18299
a mandatory pooling order issued under section 1509.27 of the	18300
Revised Code unless the owner of the land on which the occupied	18301
dwelling is located consents in writing to the location of the	18302
tank battery at a distance that is less than one hundred fifty	18303
feet from the occupied dwelling. However, if the owner of the land	18304
on which the occupied dwelling is located provides such written	18305
consent, the location of the tank battery shall not be within one	18306
hundred feet of the occupied dwelling.	18307

If an applicant cannot identify an owner of land or if an	18308
owner of land is not responsive to attempts by the applicant to	18309
contact the owner, the applicant may submit an affidavit to the	18310
chief attesting to such an unidentifiable owner or to such	18311
unresponsiveness of an owner and attempts by the applicant to	18312
contact the owner and include a written request to reduce the	18313
distance of the location of the tank battery from the occupied	18314
dwelling to less than one hundred fifty feet. If the chief	18315
receives such an affidavit and written request, the chief shall	18316
reduce the distance of the location of the tank battery from the	18317
occupied dwelling to a distance of not less than one hundred feet.	18318

(F) Except as otherwise provided in division (L) of this	18319
section, the location of a new tank battery of a well shall not be	18320
within seventy-five feet of the property line of a parcel of land	18321
that is located in an urbanized area and that has become part of	18322
the drilling unit of the well pursuant to a mandatory pooling	18323
order issued under section 1509.27 of the Revised Code unless the	18324
owner of the land consents in writing to the location of the tank	18325
battery at a distance that is less than seventy-five feet from the	18326
owner's property line. However, if the owner of the land provides	18327
such written consent, the location of the tank battery shall not	18328
be within the property line of the owner's parcel of land.	18329

If an applicant cannot identify an owner of land or if an	18330
owner of land is not responsive to attempts by the applicant to	18331
contact the owner, the applicant may submit an affidavit to the	18332
chief attesting to such an unidentifiable owner or to such	18333
unresponsiveness of an owner and attempts by the applicant to	18334
contact the owner and include a written request to reduce the	18335
distance of the location of the tank battery from the property	18336
line of the owner's parcel of land to less than seventy-five feet.	18337
If the chief receives such an affidavit and written request, the	18338
chief shall reduce the distance of the location of the tank	18339
battery from the property line, provided that the tank battery	18340
shall not be within the property line of the owner's parcel of	18341
land.	18342

(G) For purposes of divisions (C) to (F) of this section,	18343
written consent of an owner of land may be provided by any of the	18344
following:	18345

(1) A copy of an original lease agreement as recorded in the	18346
office of the county recorder of the county in which the occupied	18347
dwelling or property is located that expressly provides for the	18348
reduction of the distance of the location of a well or a tank	18349
battery, as applicable, from an occupied dwelling or a property	18350
line;	18351

(2) A copy of a deed severing the oil or gas mineral rights,	18352
as applicable, from the owner's parcel of land as recorded in the	18353
office of the county recorder of the county in which the property	18354
is located that expressly provides for the reduction of the	18355
distance of the location of a well or a tank battery, as	18356
applicable, from an occupied dwelling or a property line;	18357

(3) A written statement that consents to the proposed	18358
location of a well or a tank battery, as applicable, and that is	18359
approved by the chief. For purposes of division (G)(3) of this	18360
section, an applicant shall submit a copy of a written statement	18361
to the chief.	18362

(H) For areas that are not urbanized areas, the surface	18363
location of a new well shall not be within one hundred feet of an	18364
occupied private dwelling or of a public building that may be used	18365
as a place of assembly, education, entertainment, lodging, trade,	18366
manufacture, repair, storage, or occupancy by the public. This	18367
division does not apply to a building or other structure that is	18368
incidental to agricultural use of the land on which the building	18369
or other structure is located unless the building or other	18370
structure is used as an occupied private dwelling or for retail	18371
trade.	18372

(I) The surface location of a new well shall not be within	18373
one hundred feet of any other well. However, an applicant may	18374
submit a written statement to request the chief to authorize a new	18375
well to be located at a distance that is less than one hundred	18376
feet from another well. If the chief receives such a written	18377
statement, the chief may authorize a new well to be located within	18378
one hundred feet of another well if the chief determines that the	18379
applicant satisfactorily has demonstrated that the location of the	18380
new well at a distance that is less than one hundred feet from	18381
another well is necessary to reduce impacts to the owner of the	18382
land on which the well is to be located or to the surface of the	18383
land on which the well is to be located.	18384

(J) For areas that are not urbanized areas, the location of a	18385
new tank battery of a well shall not be within one hundred feet of	18386
an existing inhabited structure.	18387

(K) The location of a new tank battery of a well shall not be	18388
within fifty feet of any other well.	18389

(L) The location of a new well or a new tank battery of a	18390
well shall not be within fifty feet of a stream, river,	18391
watercourse, water well, pond, lake, or other body of water.	18392
However, the chief may authorize a new well or a new tank battery	18393
of a well to be located at a distance that is less than fifty feet	18394
from a stream, river, watercourse, water well, pond, lake, or	18395
other body of water if the chief determines that the reduction in	18396
the distance is necessary to reduce impacts to the owner of the	18397
land on which the well or tank battery of a well is to be located	18398
or to protect public safety or the environment.	18399

(M) The surface location of a new well or a new tank battery	18400
of a well shall not be within fifty feet of a railroad track or of	18401
the traveled portion of a public street, road, or highway. This	18402
division applies regardless of whether the public street, road, or	18403
highway has become part of the drilling unit of the well pursuant	18404
to a mandatory pooling order issued under section 1509.27 of the	18405
Revised Code.	18406

~~(M)~~(N) A new oil tank shall not be within three feet of	18407
another oil tank.	18408

~~(N)~~(O) The surface location of a mechanical separator shall	18409
not be within any of the following:	18410

(1) Fifty feet of a well;

18411

(2) Ten feet of an oil tank;

18412

(3) One hundred feet of an existing inhabited structure.

18413

~~(O)~~(P) A vessel that is equipped in such a manner that the	18414
contents of the vessel may be heated shall not be within any of	18415
the following:	18416

(1) Fifty feet of an oil production tank;

18417

(2) Fifty feet of a well;

18418

(3) One hundred feet of an existing inhabited structure;

18419

(4) If the contents of the vessel are heated by a direct fire	18420
heater, fifty feet of a mechanical separator.	18421

Sec. 1509.022. Except as provided in section 1509.021 of the	18422
Revised Code, the surface location of a new well that will be	18423
drilled using directional drilling may be located on a parcel of	18424
land that is not in the drilling unit of the well.	18425

Sec. 1509.03. (A) The chief of the division of ~~mineral~~oil	18426
and gas resources management shall adopt, rescind, and amend, in	18427
accordance with Chapter 119. of the Revised Code, rules for the	18428
administration, implementation, and enforcement of this chapter.	18429
The rules shall include an identification of the subjects that the	18430
chief shall address when attaching terms and conditions to a	18431
permit with respect to a well and production facilities of a well	18432
that are located within an urbanized area. The subjects shall	18433
include all of the following:	18434

(1) Safety concerning the drilling or operation of a well;

18435

(2) Protection of the public and private water supply;

18436

(3) Fencing and screening of surface facilities of a well;

18437

(4) Containment and disposal of drilling and production	18438
wastes;	18439

(5) Construction of access roads for purposes of the drilling	18440
and operation of a well;	18441

(6) Noise mitigation for purposes of the drilling of a well	18442
and the operation of a well, excluding safety and maintenance	18443
operations.	18444

No person shall violate any rule of the chief adopted under	18445
this chapter.	18446

(B) Any order issuing, denying, or modifying a permit or	18447
notices required to be made by the chief pursuant to this chapter	18448
shall be made in compliance with Chapter 119. of the Revised Code,	18449
except that personal service may be used in lieu of service by	18450
mail. Every order issuing, denying, or modifying a permit under	18451
this chapter and described as such shall be considered an	18452
adjudication order for purposes of Chapter 119. of the Revised	18453
Code.	18454

Where notice to the owners is required by this chapter, the	18455
notice shall be given as prescribed by a rule adopted by the chief	18456
to govern the giving of notices. The rule shall provide for notice	18457
by publication except in those cases where other types of notice	18458
are necessary in order to meet the requirements of the law.	18459

(C) The chief or the chief's authorized representative may at	18460
any time enter upon lands, public or private, for the purpose of	18461
administration or enforcement of this chapter, the rules adopted	18462
or orders made thereunder, or terms or conditions of permits or	18463
registration certificates issued thereunder and may examine and	18464
copy records pertaining to the drilling, conversion, or operation	18465
of a well for injection of fluids and logs required by division	18466
(C) of section 1509.223 of the Revised Code. No person shall	18467
prevent or hinder the chief or the chief's authorized	18468
representative in the performance of official duties. If entry is	18469
prevented or hindered, the chief or the chief's authorized	18470
representative may apply for, and the court of common pleas may	18471
issue, an appropriate inspection warrant necessary to achieve the	18472
purposes of this chapter within the court's territorial	18473
jurisdiction.	18474

(D) The chief may issue orders to enforce this chapter, rules	18475
adopted thereunder, and terms or conditions of permits issued	18476
thereunder. Any such order shall be considered an adjudication	18477
order for the purposes of Chapter 119. of the Revised Code. No	18478
person shall violate any order of the chief issued under this	18479
chapter. No person shall violate a term or condition of a permit	18480
or registration certificate issued under this chapter.	18481

(E) Orders of the chief denying, suspending, or revoking a	18482
registration certificate; approving or denying approval of an	18483
application for revision of a registered transporter's plan for	18484
disposal; or to implement, administer, or enforce division (A) of	18485
section 1509.224 and sections 1509.22, 1509.222, 1509.223,	18486
1509.225, and 1509.226 of the Revised Code pertaining to the	18487
transportation of brine by vehicle and the disposal of brine so	18488
transported are not adjudication orders for purposes of Chapter	18489
119. of the Revised Code. The chief shall issue such orders under	18490
division (A) or (B) of section 1509.224 of the Revised Code, as	18491
appropriate.	18492

Sec. 1509.04. (A) The chief of the division of ~~mineral~~oil	18493
and gas resources management, or the chief's authorized	18494
representatives, shall enforce this chapter and the rules, terms	18495
and conditions of permits and registration certificates, and	18496
orders adopted or issued pursuant thereto, except that any peace	18497
officer, as defined in section 2935.01 of the Revised Code, may	18498
arrest for violations of this chapter involving transportation of	18499
brine by vehicle. The enforcement authority of the chief includes	18500
the authority to issue compliance notices and to enter into	18501
compliance agreements.	18502

(B)(1) The chief or the chief's authorized representative may	18503
issue an administrative order to an owner for a violation of this	18504
chapter or rules adopted under it, terms and conditions of a	18505
permit issued under it, a registration certificate that is	18506
required under this chapter, or orders issued under this chapter.	18507

(2) The chief may issue an order finding that an owner has	18508
committed a material and substantial violation.	18509

(C) The chief, by order, immediately may suspend drilling,	18510
operating, or plugging activities that are related to a material	18511
and substantial violation and suspend and revoke an unused permit	18512
after finding either of the following:	18513

(1) An owner has failed to comply with an order issued under	18514
division (B)(2) of this section that is final and nonappealable.	18515

(2) An owner is causing, engaging in, or maintaining a	18516
condition or activity that the chief determines presents an	18517
imminent danger to the health or safety of the public or that	18518
results in or is likely to result in immediate substantial damage	18519
to the natural resources of this state.	18520

(D)(1) The chief may issue an order under division (C) of	18521
this section without prior notification if reasonable attempts to	18522
notify the owner have failed or if the owner is currently in	18523
material breach of a prior order, but in such an event	18524
notification shall be given as soon thereafter as practical.	18525

(2) Not later than five days after the issuance of an order	18526
under division (C) of this section, the chief shall provide the	18527
owner an opportunity to be heard and to present evidence that one	18528
of the following applies:	18529

(a) The condition or activity does not present an imminent	18530
danger to the public health or safety or is not likely to result	18531
in immediate substantial damage to natural resources.	18532

(b) Required records, reports, or logs have been submitted.

18533

(3) If the chief, after considering evidence presented by the	18534
owner under division (D)(2)(a) of this section, determines that	18535
the activities do not present such a threat or that the required	18536
records, reports, or logs have been submitted under division	18537
(D)(2)(b) of this section, the chief shall revoke the order. The	18538
owner may appeal an order to the court of common pleas of the	18539
county in which the activity that is the subject of the order is	18540
located.	18541

(E) The chief may issue a bond forfeiture order pursuant to	18542
section 1509.071 of the Revised Code for failure to comply with a	18543
final nonappealable order issued or compliance agreement entered	18544
into under this section.	18545

(F) The chief may notify drilling contractors, transporters,	18546
service companies, or other similar entities of the compliance	18547
status of an owner.	18548

If the owner fails to comply with a prior enforcement action	18549
of the chief, the chief may issue a suspension order without prior	18550
notification, but in such an event the chief shall give notice as	18551
soon thereafter as practical. Not later than five calendar days	18552
after the issuance of an order, the chief shall provide the owner	18553
an opportunity to be heard and to present evidence that required	18554
records, reports, or logs have been submitted. If the chief, after	18555
considering the evidence presented by the owner, determines that	18556
the requirements have been satisfied, the chief shall revoke the	18557
suspension order. The owner may appeal a suspension order to the	18558
court of common pleas of the county in which the activity that is	18559
the subject of the suspension order is located.	18560

(G) The prosecuting attorney of the county or the attorney	18561
general, upon the request of the chief, may apply to the court of	18562
common pleas in the county in which any of the provisions of this	18563
chapter or any rules, terms or conditions of a permit or	18564
registration certificate, or orders adopted or issued pursuant to	18565
this chapter are being violated for a temporary restraining order,	18566
preliminary injunction, or permanent injunction restraining any	18567
person from such violation.	18568

Sec. 1509.041. The chief of the division of ~~mineral~~oil and	18569
gas resources management shall maintain a database on the division	18570
of ~~mineral~~oil and gas resources management's web site that is	18571
accessible to the public. The database shall list each final	18572
nonappealable order issued for a material and substantial	18573
violation under this chapter. The list shall identify the	18574
violator, the date on which the violation occurred, and the date	18575
on which the violation was corrected.	18576

Sec. 1509.05. No person shall drill a new well, drill an	18577
existing well any deeper, reopen a well, convert a well to any use	18578
other than its original purpose, or plug back a well to a source	18579
of supply different from the existing pool, without having a	18580
permit to do so issued by the chief of the division of ~~mineral~~oil	18581
and gas resources management, and until the original permit or a	18582
photostatic copy thereof is posted or displayed in a conspicuous	18583
and easily accessible place at the well site, with the name,	18584
current address, and telephone number of the permit holder and the	18585
telephone numbers for fire and emergency medical services	18586
maintained on the posted permit or copy. The permit or a copy	18587
shall be continuously displayed in that manner at all times during	18588
the work authorized by the permit.	18589

Sec. 1509.06. (A) An application for a permit to drill a new	18590
well, drill an existing well deeper, reopen a well, convert a well	18591
to any use other than its original purpose, or plug back a well to	18592
a different source of supply, including associated production	18593
operations, shall be filed with the chief of the division of	18594
~~mineral~~oil and gas resources management upon such form as the	18595
chief prescribes and shall contain each of the following that is	18596
applicable:	18597

(1) The name and address of the owner and, if a corporation,	18598
the name and address of the statutory agent;	18599

(2) The signature of the owner or the owner's authorized	18600
agent. When an authorized agent signs an application, it shall be	18601
accompanied by a certified copy of the appointment as such agent.	18602

(3) The names and addresses of all persons holding the	18603
royalty interest in the tract upon which the well is located or is	18604
to be drilled or within a proposed drilling unit;	18605

(4) The location of the tract or drilling unit on which the	18606
well is located or is to be drilled identified by section or lot	18607
number, city, village, township, and county;	18608

(5) Designation of the well by name and number;

18609

(6) The geological formation to be tested or used and the	18610
proposed total depth of the well;	18611

(7) The type of drilling equipment to be used;

18612

(8) If the well is for the injection of a liquid, identity of	18613
the geological formation to be used as the injection zone and the	18614
composition of the liquid to be injected;	18615

(9) For an application for a permit to drill a new well	18616
within an urbanized area, a sworn statement that the applicant has	18617
provided notice by regular mail of the application to the owner of	18618
each parcel of real property that is located within five hundred	18619
feet of the surface location of the well and to the executive	18620
authority of the municipal corporation or the board of township	18621
trustees of the township, as applicable, in which the well is to	18622
be located. In addition, the notice shall contain a statement that	18623
informs an owner of real property who is required to receive the	18624
notice under division (A)(9) of this section that within five days	18625
of receipt of the notice, the owner is required to provide notice	18626
under section 1509.60 of the Revised Code to each residence in an	18627
occupied dwelling that is located on the owner's parcel of real	18628
property. The notice shall contain a statement that an application	18629
has been filed with the division of ~~mineral~~oil and gas resources	18630
management, identify the name of the applicant and the proposed	18631
well location, include the name and address of the division, and	18632
contain a statement that comments regarding the application may be	18633
sent to the division. The notice may be provided by hand delivery	18634
or regular mail. The identity of the owners of parcels of real	18635
property shall be determined using the tax records of the	18636
municipal corporation or county in which a parcel of real property	18637
is located as of the date of the notice.	18638

(10) A plan for restoration of the land surface disturbed by	18639
drilling operations. The plan shall provide for compliance with	18640
the restoration requirements of division (A) of section 1509.072	18641
of the Revised Code and any rules adopted by the chief pertaining	18642
to that restoration.	18643

(11) A description by name or number of the county, township,	18644
and municipal corporation roads, streets, and highways that the	18645
applicant anticipates will be used for access to and egress from	18646
the well site;	18647

(12) Such other relevant information as the chief prescribes	18648
by rule.	18649

Each application shall be accompanied by a map, on a scale	18650
not smaller than four hundred feet to the inch, prepared by an	18651
Ohio registered surveyor, showing the location of the well and	18652
containing such other data as may be prescribed by the chief. If	18653
the well is or is to be located within the excavations and	18654
workings of a mine, the map also shall include the location of the	18655
mine, the name of the mine, and the name of the person operating	18656
the mine.	18657

(B) The chief shall cause a copy of the weekly circular	18658
prepared by the division to be provided to the county engineer of	18659
each county that contains active or proposed drilling activity.	18660
The weekly circular shall contain, in the manner prescribed by the	18661
chief, the names of all applicants for permits, the location of	18662
each well or proposed well, the information required by division	18663
(A)(11) of this section, and any additional information the chief	18664
prescribes. In addition, the chief promptly shall transfer an	18665
electronic copy or facsimile, or if those methods are not	18666
available to a municipal corporation or township, a copy via	18667
regular mail, of a drilling permit application to the clerk of the	18668
legislative authority of the municipal corporation or to the clerk	18669
of the township in which the well or proposed well is or is to be	18670
located if the legislative authority of the municipal corporation	18671
or the board of township trustees has asked to receive copies of	18672
such applications and the appropriate clerk has provided the chief	18673
an accurate, current electronic mailing address or facsimile	18674
number, as applicable.	18675

(C)(1) Except as provided in division (C)(2) of this section,	18676
the chief shall not issue a permit for at least ten days after the	18677
date of filing of the application for the permit unless, upon	18678
reasonable cause shown, the chief waives that period or a request	18679
for expedited review is filed under this section. However, the	18680
chief shall issue a permit within twenty-one days of the filing of	18681
the application unless the chief denies the application by order.	18682

(2) If the location of a well or proposed well will be or is	18683
within an urbanized area, the chief shall not issue a permit for	18684
at least eighteen days after the date of filing of the application	18685
for the permit unless, upon reasonable cause shown, the chief	18686
waives that period or the chief at the chief's discretion grants a	18687
request for an expedited review. However, the chief shall issue a	18688
permit for a well or proposed well within an urbanized area within	18689
thirty days of the filing of the application unless the chief	18690
denies the application by order.	18691

(D) An applicant may file a request with the chief for	18692
expedited review of a permit application if the well is not or is	18693
not to be located in a gas storage reservoir or reservoir	18694
protective area, as "reservoir protective area" is defined in	18695
section 1571.01 of the Revised Code. If the well is or is to be	18696
located in a coal bearing township, the application shall be	18697
accompanied by the affidavit of the landowner prescribed in	18698
section 1509.08 of the Revised Code.	18699

In addition to a complete application for a permit that meets	18700
the requirements of this section and the permit fee prescribed by	18701
this section, a request for expedited review shall be accompanied	18702
by a separate nonrefundable filing fee of two hundred fifty	18703
dollars. Upon the filing of a request for expedited review, the	18704
chief shall cause the county engineer of the county in which the	18705
well is or is to be located to be notified of the filing of the	18706
permit application and the request for expedited review by	18707
telephone or other means that in the judgment of the chief will	18708
provide timely notice of the application and request. The chief	18709
shall issue a permit within seven days of the filing of the	18710
request unless the chief denies the application by order.	18711
Notwithstanding the provisions of this section governing expedited	18712
review of permit applications, the chief may refuse to accept	18713
requests for expedited review if, in the chief's judgment, the	18714
acceptance of the requests would prevent the issuance, within	18715
twenty-one days of their filing, of permits for which applications	18716
are pending.	18717

(E) A well shall be drilled and operated in accordance with	18718
the plans, sworn statements, and other information submitted in	18719
the approved application.	18720

(F) The chief shall issue an order denying a permit if the	18721
chief finds that there is a substantial risk that the operation	18722
will result in violations of this chapter or rules adopted under	18723
it that will present an imminent danger to public health or safety	18724
or damage to the environment, provided that where the chief finds	18725
that terms or conditions to the permit can reasonably be expected	18726
to prevent such violations, the chief shall issue the permit	18727
subject to those terms or conditions, including, if applicable,	18728
terms and conditions regarding subjects identified in rules	18729
adopted under section 1509.03 of the Revised Code. The issuance of	18730
a permit shall not be considered an order of the chief.	18731

(G) Each application for a permit required by section 1509.05	18732
of the Revised Code, except an application to plug back an	18733
existing well that is required by that section and an application	18734
for a well drilled or reopened for purposes of section 1509.22 of	18735
the Revised Code, also shall be accompanied by a nonrefundable fee	18736
as follows:	18737

(1) Five hundred dollars for a permit to conduct activities	18738
in a township with a population of fewer than ten thousand;	18739

(2) Seven hundred fifty dollars for a permit to conduct	18740
activities in a township with a population of ten thousand or	18741
more, but fewer than fifteen thousand;	18742

(3) One thousand dollars for a permit to conduct activities	18743
in either of the following:	18744

(a) A township with a population of fifteen thousand or more;

18745

(b) A municipal corporation regardless of population.

18746

(4) If the application is for a permit that requires	18747
mandatory pooling, an additional five thousand dollars.	18748

For purposes of calculating fee amounts, populations shall be	18749
determined using the most recent federal decennial census.	18750

Each application for the revision or reissuance of a permit	18751
shall be accompanied by a nonrefundable fee of two hundred fifty	18752
dollars.	18753

(H) Prior to the issuance of a permit to drill a proposed	18754
well that is to be located in an urbanized area, the division	18755
shall conduct a site review to identify and evaluate any	18756
site-specific terms and conditions that may be attached to the	18757
permit. At the site review, a representative of the division shall	18758
consider fencing, screening, and landscaping requirements, if any,	18759
for similar structures in the community in which the well is	18760
proposed to be located. The terms and conditions that are attached	18761
to the permit shall include the establishment of fencing,	18762
screening, and landscaping requirements for the surface facilities	18763
of the proposed well, including a tank battery of the well.	18764

(I) A permit shall be issued by the chief in accordance with	18765
this chapter. A permit issued under this section for a well that	18766
is or is to be located in an urbanized area shall be valid for	18767
twelve months, and all other permits issued under this section	18768
shall be valid for twenty-four months.	18769

(J) A permittee or a permittee's authorized representative	18770
shall notify an inspector from the division ~~of mineral resources~~	18771
~~management~~ at least twenty-four hours, or another time period	18772
agreed to by the chief's authorized representative, prior to the	18773
commencement of drilling, reopening, converting, well stimulation,	18774
or plugback operations.	18775

Sec. 1509.061. An owner of a well who has been issued a	18776
permit under section 1509.06 of the Revised Code may submit to the	18777
chief of the division of ~~mineral~~oil and gas resources management,	18778
on a form prescribed by the chief, a request to revise an existing	18779
tract upon which exists a producing or idle well. The chief shall	18780
adopt, and may amend and rescind, rules under section 1509.03 of	18781
the Revised Code that are necessary for the administration of this	18782
section. The rules at least shall stipulate the information to be	18783
included on the request form and shall establish a fee to be paid	18784
by the person submitting the request, which fee shall not exceed	18785
two hundred fifty dollars.	18786

The chief shall approve a request submitted under this	18787
section unless it would result in a violation of this chapter or	18788
rules adopted under it, including provisions establishing spacing	18789
or minimum acreage requirements.	18790

Sec. 1509.062. (A)(1) The owner of a well that has not been	18791
completed, a well that has not produced within one year after	18792
completion, or an existing well that has no reported production	18793
for two consecutive reporting periods as reported in accordance	18794
with section 1509.11 of the Revised Code shall plug the well in	18795
accordance with section 1509.12 of the Revised Code, obtain	18796
temporary inactive well status for the well in accordance with	18797
this section, or perform another activity regarding the well that	18798
is approved by the chief of the division of ~~mineral~~oil and gas	18799
resources management.	18800

(2) If a well has a reported annual production that is less	18801
than one hundred thousand cubic feet of natural gas or fifteen	18802
barrels of crude oil, or a combination thereof, the chief may	18803
require the owner of the well to submit an application for	18804
temporary inactive well status under this section for the well.	18805

(B) In order for the owner of a well to submit an application	18806
for temporary inactive well status for the well under this	18807
division, the owner and the well shall be in compliance with this	18808
chapter and rules adopted under it, any terms and conditions of	18809
the permit for the well, and applicable orders issued by the	18810
chief. An application for temporary inactive status for a well	18811
shall be submitted to the chief on a form prescribed and provided	18812
by the chief and shall contain all of the following:	18813

(1) The owner's name and address and, if the owner is a	18814
corporation, the name and address of the corporation's statutory	18815
agent;	18816

(2) The signature of the owner or of the owner's authorized	18817
agent. When an authorized agent signs an application, the	18818
application shall be accompanied by a certified copy of the	18819
appointment as such agent.	18820

(3) The permit number assigned to the well. If the well has	18821
not been assigned a permit number, the chief shall assign a permit	18822
number to the well.	18823

(4) A map, on a scale not smaller than four hundred feet to	18824
the inch, that shows the location of the well and the tank	18825
battery, that includes the latitude and longitude of the well, and	18826
that contains all other data that are required by the chief;	18827

(5) A demonstration that the well is of future utility and	18828
that the applicant has a viable plan to utilize the well within a	18829
reasonable period of time;	18830

(6) A demonstration that the well poses no threat to the	18831
health or safety of persons, property, or the environment;	18832

(7) Any other relevant information that the chief prescribes	18833
by rule.	18834

The chief may waive any of the requirements established in	18835
divisions (B)(1) to (6) of this section if the division of ~~mineral~~	18836
oil and gas resources management possesses a current copy of the	18837
information or document that is required in the applicable	18838
division.	18839

(C) Upon receipt of an application for temporary inactive	18840
well status, the chief shall review the application and shall	18841
either deny the application by issuing an order or approve the	18842
application. The chief shall approve the application only if the	18843
chief determines that the well that is the subject of the	18844
application poses no threat to the health or safety of persons,	18845
property, or the environment. If the chief approves the	18846
application, the chief shall notify the applicant of the chief's	18847
approval. Upon receipt of the chief's approval, the owner shall	18848
shut in the well and empty all liquids and gases from all storage	18849
tanks, pipelines, and other equipment associated with the well. In	18850
addition, the owner shall maintain the well, other equipment	18851
associated with the well, and the surface location of the well in	18852
a manner that prevents hazards to the health and safety of people	18853
and the environment. The owner shall inspect the well at least	18854
every six months and submit to the chief within fourteen days	18855
after the inspection a record of inspection on a form prescribed	18856
and provided by the chief.	18857

(D) Not later than thirty days prior to the expiration of	18858
temporary inactive well status or a renewal of temporary inactive	18859
well status approved by the chief for a well, the owner of the	18860
well may submit to the chief an application for renewal of the	18861
temporary inactive well status on a form prescribed and provided	18862
by the chief. The application shall include a detailed plan that	18863
describes the ultimate disposition of the well, the time frames	18864
for that disposition, and any other information that the chief	18865
determines is necessary. The chief shall either deny an	18866
application by order or approve the application. If the chief	18867
approves the application, the chief shall notify the owner of the	18868
well of the chief's approval.	18869

(E) An application for temporary inactive well status shall	18870
be accompanied by a nonrefundable fee of one hundred dollars. An	18871
application for a renewal of temporary inactive well status shall	18872
be accompanied by a nonrefundable fee of two hundred fifty dollars	18873
for the first renewal and five hundred dollars for each subsequent	18874
renewal.	18875

(F) After a third renewal, the chief may require an owner to	18876
provide a surety bond in an amount not to exceed ten thousand	18877
dollars for each of the owner's wells that has been approved by	18878
the chief for temporary inactive well status.	18879

(G) Temporary inactive well status approved by the chief	18880
expires one year after the date of approval of the application for	18881
temporary inactive well status or production from the well	18882
commences, whichever occurs sooner. In addition, a renewal of a	18883
temporary inactive well status expires one year after the	18884
expiration date of the initial temporary inactive well status or	18885
one year after the expiration date of the previous renewal of the	18886
temporary inactive well status, as applicable, or production from	18887
the well commences, whichever occurs sooner.	18888

(H) The owner of a well that has been approved by the chief	18889
for temporary inactive well status may commence production from	18890
the well at any time. Not later than sixty days after the	18891
commencement of production from such a well, the owner shall	18892
notify the chief of the commencement of production.	18893

(I) This chapter and rules adopted under it, any terms and	18894
conditions of the permit for a well, and applicable orders issued	18895
by the chief apply to a well that has been approved by the chief	18896
for temporary inactive well status or renewal of that status.	18897

Sec. 1509.07. An owner of any well, except an exempt	18898
Mississippian well or an exempt domestic well, shall obtain	18899
liability insurance coverage from a company authorized to do	18900
business in this state in an amount of not less than one million	18901
dollars bodily injury coverage and property damage coverage to pay	18902
damages for injury to persons or damage to property caused by the	18903
drilling, operation, or plugging of all the owner's wells in this	18904
state. However, if any well is located within an urbanized area,	18905
the owner shall obtain liability insurance coverage in an amount	18906
of not less than three million dollars for bodily injury coverage	18907
and property damage coverage to pay damages for injury to persons	18908
or damage to property caused by the drilling, operation, or	18909
plugging of all of the owner's wells in this state. The owner	18910
shall maintain the coverage until all the owner's wells are	18911
plugged and abandoned or are transferred to an owner who has	18912
obtained insurance as required under this section and who is not	18913
under a notice of material and substantial violation or under a	18914
suspension order. The owner shall provide proof of liability	18915
insurance coverage to the chief of the division of ~~mineral~~oil and	18916
gas resources management upon request. Upon failure of the owner	18917
to provide that proof when requested, the chief may order the	18918
suspension of any outstanding permits and operations of the owner	18919
until the owner provides proof of the required insurance coverage.	18920

Except as otherwise provided in this section, an owner of any	18921
well, before being issued a permit under section 1509.06 of the	18922
Revised Code or before operating or producing from a well, shall	18923
execute and file with the division of ~~mineral~~oil and gas	18924
resources management a surety bond conditioned on compliance with	18925
the restoration requirements of section 1509.072, the plugging	18926
requirements of section 1509.12, the permit provisions of section	18927
1509.13 of the Revised Code, and all rules and orders of the chief	18928
relating thereto, in an amount set by rule of the chief.	18929

The owner may deposit with the chief, instead of a surety	18930
bond, cash in an amount equal to the surety bond as prescribed	18931
pursuant to this section or negotiable certificates of deposit or	18932
irrevocable letters of credit, issued by any bank organized or	18933
transacting business in this state or by any savings and loan	18934
association as defined in section 1151.01 of the Revised Code,	18935
having a cash value equal to or greater than the amount of the	18936
surety bond as prescribed pursuant to this section. Cash or	18937
certificates of deposit shall be deposited upon the same terms as	18938
those upon which surety bonds may be deposited. If certificates of	18939
deposit are deposited with the chief instead of a surety bond, the	18940
chief shall require the bank or savings and loan association that	18941
issued any such certificate to pledge securities of a cash value	18942
equal to the amount of the certificate that is in excess of the	18943
amount insured by any of the agencies and instrumentalities	18944
created under the "Federal Deposit Insurance Act," 64 Stat. 873	18945
(1950), 12 U.S.C. 1811, as amended, and regulations adopted under	18946
it, including at least the federal deposit insurance corporation,	18947
bank insurance fund, and savings association insurance fund. The	18948
securities shall be security for the repayment of the certificate	18949
of deposit.	18950

Immediately upon a deposit of cash, certificates of deposit,	18951
or letters of credit with the chief, the chief shall deliver them	18952
to the treasurer of state who shall hold them in trust for the	18953
purposes for which they have been deposited.	18954

Instead of a surety bond, the chief may accept proof of	18955
financial responsibility consisting of a sworn financial statement	18956
showing a net financial worth within this state equal to twice the	18957
amount of the bond for which it substitutes and, as may be	18958
required by the chief, a list of producing properties of the owner	18959
within this state or other evidence showing ability and intent to	18960
comply with the law and rules concerning restoration and plugging	18961
that may be required by rule of the chief. The owner of an exempt	18962
Mississippian well is not required to file scheduled updates of	18963
the financial documents, but shall file updates of those documents	18964
if requested to do so by the chief. The owner of a nonexempt	18965
Mississippian well shall file updates of the financial documents	18966
in accordance with a schedule established by rule of the chief.	18967
The chief, upon determining that an owner for whom the chief has	18968
accepted proof of financial responsibility instead of bond cannot	18969
demonstrate financial responsibility, shall order that the owner	18970
execute and file a bond or deposit cash, certificates of deposit,	18971
or irrevocable letters of credit as required by this section for	18972
the wells specified in the order within ten days of receipt of the	18973
order. If the order is not complied with, all wells of the owner	18974
that are specified in the order and for which no bond is filed or	18975
cash, certificates of deposit, or letters of credit are deposited	18976
shall be plugged. No owner shall fail or refuse to plug such a	18977
well. Each day on which such a well remains unplugged thereafter	18978
constitutes a separate offense.	18979

The surety bond provided for in this section shall be	18980
executed by a surety company authorized to do business in this	18981
state.	18982

The chief shall not approve any bond until it is personally	18983
signed and acknowledged by both principal and surety, or as to	18984
either by the principal's or surety's attorney in fact, with a	18985
certified copy of the power of attorney attached thereto. The	18986
chief shall not approve a bond unless there is attached a	18987
certificate of the superintendent of insurance that the company is	18988
authorized to transact a fidelity and surety business in this	18989
state.	18990

All bonds shall be given in a form to be prescribed by the	18991
chief and shall run to the state as obligee.	18992

An owner of an exempt Mississippian well or an exempt	18993
domestic well, in lieu of filing a surety bond, cash in an amount	18994
equal to the surety bond, certificates of deposit, irrevocable	18995
letters of credit, or a sworn financial statement, may file a	18996
one-time fee of fifty dollars, which shall be deposited in the oil	18997
and gas well plugging fund created in section 1509.071 of the	18998
Revised Code.	18999

An owner, operator, producer, or other person shall not	19000
operate a well or produce from a well at any time if the owner,	19001
operator, producer, or other person has not satisfied the	19002
requirements established in this section.	19003

Sec. 1509.071. (A) When the chief of the division of ~~mineral~~	19004
oil and gas resources management finds that an owner has failed to	19005
comply with a final nonappealable order issued or compliance	19006
agreement entered into under section 1509.04, the restoration	19007
requirements of section 1509.072, plugging requirements of section	19008
1509.12, or permit provisions of section 1509.13 of the Revised	19009
Code, or rules and orders relating thereto, the chief shall make a	19010
finding of that fact and declare any surety bond filed to ensure	19011
compliance with those sections and rules forfeited in the amount	19012
set by rule of the chief. The chief thereupon shall certify the	19013
total forfeiture to the attorney general, who shall proceed to	19014
collect the amount of the forfeiture. In addition, the chief may	19015
require an owner, operator, producer, or other person who	19016
forfeited a surety bond to post a new surety bond in the amount of	19017
fifteen thousand dollars for a single well, thirty thousand	19018
dollars for two wells, or fifty thousand dollars for three or more	19019
wells.	19020

In lieu of total forfeiture, the surety or owner, at the	19021
surety's or owner's option, may cause the well to be properly	19022
plugged and abandoned and the area properly restored or pay to the	19023
treasurer of state the cost of plugging and abandonment.	19024

(B) All moneys collected because of forfeitures of bonds as	19025
provided in this section shall be deposited in the state treasury	19026
to the credit of the oil and gas well fund created in section	19027
1509.02 of the Revised Code.	19028

The chief annually shall spend not less than fourteen per	19029
cent of the revenue credited to the fund during the previous	19030
fiscal year for the following purposes:	19031

(1) In accordance with division (D) of this section, to plug	19032
idle and orphaned wells or to restore the land surface properly as	19033
required in section 1509.072 of the Revised Code;	19034

(2) In accordance with division (E) of this section, to	19035
correct conditions that the chief reasonably has determined are	19036
causing imminent health or safety risks at an idle and orphaned	19037
well or a well for which the owner cannot be contacted in order to	19038
initiate a corrective action within a reasonable period of time as	19039
determined by the chief.	19040

Expenditures from the fund shall be made only for lawful	19041
purposes. In addition, expenditures from the fund shall not be	19042
made to purchase real property or to remove a dwelling in order to	19043
access a well.	19044

(C)(1) Upon determining that the owner of a well has failed	19045
to properly plug and abandon it or to properly restore the land	19046
surface at the well site in compliance with the applicable	19047
requirements of this chapter and applicable rules adopted and	19048
orders issued under it or that a well is an abandoned well for	19049
which no funds are available to plug the well in accordance with	19050
this chapter, the chief shall do all of the following:	19051

(a) Determine from the records in the office of the county	19052
recorder of the county in which the well is located the identity	19053
of the owner of the land on which the well is located, the	19054
identity of the owner of the oil or gas lease under which the well	19055
was drilled or the identity of each person owning an interest in	19056
the lease, and the identities of the persons having legal title	19057
to, or a lien upon, any of the equipment appurtenant to the well;	19058

(b) Mail notice to the owner of the land on which the well is	19059
located informing the landowner that the well is to be plugged. If	19060
the owner of the oil or gas lease under which the well was drilled	19061
is different from the owner of the well or if any persons other	19062
than the owner of the well own interests in the lease, the chief	19063
also shall mail notice that the well is to be plugged to the owner	19064
of the lease or to each person owning an interest in the lease, as	19065
appropriate.	19066

(c) Mail notice to each person having legal title to, or a	19067
lien upon, any equipment appurtenant to the well, informing the	19068
person that the well is to be plugged and offering the person the	19069
opportunity to plug the well and restore the land surface at the	19070
well site at the person's own expense in order to avoid forfeiture	19071
of the equipment to this state.	19072

(2) If none of the persons described in division (C)(1)(c) of	19073
this section plugs the well within sixty days after the mailing of	19074
the notice required by that division, all equipment appurtenant to	19075
the well is hereby declared to be forfeited to this state without	19076
compensation and without the necessity for any action by the state	19077
for use to defray the cost of plugging and abandoning the well and	19078
restoring the land surface at the well site.	19079

(D) Expenditures from the fund for the purpose of division	19080
(B)(1) of this section shall be made in accordance with either of	19081
the following:	19082

(1) The expenditures may be made pursuant to contracts	19083
entered into by the chief with persons who agree to furnish all of	19084
the materials, equipment, work, and labor as specified and	19085
provided in such a contract for activities associated with the	19086
restoration or plugging of a well as determined by the chief. The	19087
activities may include excavation to uncover a well, geophysical	19088
methods to locate a buried well when clear evidence of leakage	19089
from the well exists, cleanout of wellbores to remove material	19090
from a failed plugging of a well, plugging operations,	19091
installation of vault and vent systems, including associated	19092
engineering certifications and permits, restoration of property,	19093
and repair of damage to property that is caused by such	19094
activities. Expenditures shall not be used for salaries,	19095
maintenance, equipment, or other administrative purposes, except	19096
for costs directly attributed to the plugging of an idle and	19097
orphaned well. Agents or employees of persons contracting with the	19098
chief for a restoration or plugging project may enter upon any	19099
land, public or private, on which the well is located for the	19100
purpose of performing the work. Prior to such entry, the chief	19101
shall give to the following persons written notice of the	19102
existence of a contract for a project to restore or plug a well,	19103
the names of the persons with whom the contract is made, and the	19104
date that the project will commence: the owner of the well, the	19105
owner of the land upon which the well is located, the owner or	19106
agents of adjoining land, and, if the well is located in the same	19107
township as or in a township adjacent to the excavations and	19108
workings of a mine and the owner or lessee of that mine has	19109
provided written notice identifying those townships to the chief	19110
at any time during the immediately preceding three years, the	19111
owner or lessee of the mine.	19112

(2)(a) The owner of the land on which a well is located who	19113
has received notice under division (C)(1)(b) of this section may	19114
plug the well and be reimbursed by the division of oil and gas	19115
resources management for the reasonable cost of plugging the well.	19116
In order to plug the well, the landowner shall submit an	19117
application to the chief on a form prescribed by the chief and	19118
approved by the technical advisory council on oil and gas created	19119
in section 1509.38 of the Revised Code. The application, at a	19120
minimum, shall require the landowner to provide the same	19121
information as is required to be included in the application for a	19122
permit to plug and abandon under section 1509.13 of the Revised	19123
Code. The application shall be accompanied by a copy of a proposed	19124
contract to plug the well prepared by a contractor regularly	19125
engaged in the business of plugging oil and gas wells. The	19126
proposed contract shall require the contractor to furnish all of	19127
the materials, equipment, work, and labor necessary to plug the	19128
well properly and shall specify the price for doing the work,	19129
including a credit for the equipment appurtenant to the well that	19130
was forfeited to the state through the operation of division	19131
(C)(2) of this section. Expenditures under division (D)(2)(a) of	19132
this section shall be consistent with the expenditures for	19133
activities described in division (D)(1) of this section. The	19134
application also shall be accompanied by the permit fee required	19135
by section 1509.13 of the Revised Code unless the chief, in the	19136
chief's discretion, waives payment of the permit fee. The	19137
application constitutes an application for a permit to plug and	19138
abandon the well for the purposes of section 1509.13 of the	19139
Revised Code.	19140

(b) Within thirty days after receiving an application and	19141
accompanying proposed contract under division (D)(2)(a) of this	19142
section, the chief shall determine whether the plugging would	19143
comply with the applicable requirements of this chapter and	19144
applicable rules adopted and orders issued under it and whether	19145
the cost of the plugging under the proposed contract is	19146
reasonable. If the chief determines that the proposed plugging	19147
would comply with those requirements and that the proposed cost of	19148
the plugging is reasonable, the chief shall notify the landowner	19149
of that determination and issue to the landowner a permit to plug	19150
and abandon the well under section 1509.13 of the Revised Code.	19151
Upon approval of the application and proposed contract, the chief	19152
shall transfer ownership of the equipment appurtenant to the well	19153
to the landowner. The chief may disapprove an application	19154
submitted under division (D)(2)(a) of this section if the chief	19155
determines that the proposed plugging would not comply with the	19156
applicable requirements of this chapter and applicable rules	19157
adopted and orders issued under it, that the cost of the plugging	19158
under the proposed contract is unreasonable, or that the proposed	19159
contract is not a bona fide, ~~arms~~arm's length contract.	19160

(c) After receiving the chief's notice of the approval of the	19161
application and permit to plug and abandon a well under division	19162
(D)(2)(b) of this section, the landowner shall enter into the	19163
proposed contract to plug the well.	19164

(d) Upon determining that the plugging has been completed in	19165
compliance with the applicable requirements of this chapter and	19166
applicable rules adopted and orders issued under it, the chief	19167
shall reimburse the landowner for the cost of the plugging as set	19168
forth in the proposed contract approved by the chief. The	19169
reimbursement shall be paid from the oil and gas well fund. If the	19170
chief determines that the plugging was not completed in accordance	19171
with the applicable requirements, the chief shall not reimburse	19172
the landowner for the cost of the plugging, and the landowner or	19173
the contractor, as applicable, promptly shall transfer back to	19174
this state title to and possession of the equipment appurtenant to	19175
the well that previously was transferred to the landowner under	19176
division (D)(2)(b) of this section. If any such equipment was	19177
removed from the well during the plugging and sold, the landowner	19178
shall pay to the chief the proceeds from the sale of the	19179
equipment, and the chief promptly shall pay the moneys so received	19180
to the treasurer of state for deposit into the oil and gas well	19181
fund.	19182

The chief may establish an annual limit on the number of	19183
wells that may be plugged under division (D)(2) of this section or	19184
an annual limit on the expenditures to be made under that	19185
division.	19186

As used in division (D)(2) of this section, "plug" and	19187
"plugging" include the plugging of the well and the restoration of	19188
the land surface disturbed by the plugging.	19189

(E) Expenditures from the oil and gas well fund for the	19190
purpose of division (B)(2) of this section may be made pursuant to	19191
contracts entered into by the chief with persons who agree to	19192
furnish all of the materials, equipment, work, and labor as	19193
specified and provided in such a contract. The competitive bidding	19194
requirements of Chapter 153. of the Revised Code do not apply if	19195
the chief reasonably determines that correction of the applicable	19196
health or safety risk requires immediate action. The chief,	19197
designated representatives of the chief, and agents or employees	19198
of persons contracting with the chief under this division may	19199
enter upon any land, public or private, for the purpose of	19200
performing the work.	19201

(F) Contracts entered into by the chief under this section	19202
are not subject to either of the following:	19203

(1) Chapter 4115. of the Revised Code;

19204

(2) Section 153.54 of the Revised Code, except that the	19205
contractor shall obtain and provide to the chief as a bid guaranty	19206
a surety bond or letter of credit in an amount equal to ten per	19207
cent of the amount of the contract.	19208

(G) The owner of land on which a well is located who has	19209
received notice under division (C)(1)(b) of this section, in lieu	19210
of plugging the well in accordance with division (D)(2) of this	19211
section, may cause ownership of the well to be transferred to an	19212
owner who is lawfully doing business in this state and who has met	19213
the financial responsibility requirements established under	19214
section 1509.07 of the Revised Code, subject to the approval of	19215
the chief. The transfer of ownership also shall be subject to the	19216
landowner's filing the appropriate forms required under section	19217
1509.31 of the Revised Code and providing to the chief sufficient	19218
information to demonstrate the landowner's or owner's right to	19219
produce a formation or formations. That information may include a	19220
deed, a lease, or other documentation of ownership or property	19221
rights.	19222

The chief shall approve or disapprove the transfer of	19223
ownership of the well. If the chief approves the transfer, the	19224
owner is responsible for operating the well in accordance with	19225
this chapter and rules adopted under it, including, without	19226
limitation, all of the following:	19227

(1) Filing an application with the chief under section	19228
1509.06 of the Revised Code if the owner intends to drill deeper	19229
or produce a formation that is not listed in the records of the	19230
division for that well;	19231

(2) Taking title to and possession of the equipment	19232
appurtenant to the well that has been identified by the chief as	19233
having been abandoned by the former owner;	19234

(3) Complying with all applicable requirements that are	19235
necessary to drill deeper, plug the well, or plug back the well.	19236

(H) The chief shall issue an order that requires the owner of	19237
a well to pay the actual documented costs of a corrective action	19238
that is described in division (B)(2) of this section concerning	19239
the well. The chief shall transmit the money so recovered to the	19240
treasurer of state who shall deposit the money in the state	19241
treasury to the credit of the oil and gas well fund.	19242

Sec. 1509.072. No oil or gas well owner or agent of an oil	19243
or gas well owner shall fail to restore the land surface within	19244
the area disturbed in siting, drilling, completing, and producing	19245
the well as required in this section.	19246

(A) Within fourteen days after the date upon which the	19247
drilling of a well is completed to total depth in an urbanized	19248
area and within two months after the date upon which the drilling	19249
of a well is completed in all other areas, the owner or the	19250
owner's agent, in accordance with the restoration plan filed under	19251
division (A)(10) of section 1509.06 of the Revised Code, shall	19252
fill all the pits for containing brine and other waste substances	19253
resulting, obtained, or produced in connection with exploration or	19254
drilling for oil or gas that are not required by other state or	19255
federal law or regulation, and remove all drilling supplies and	19256
drilling equipment. Unless the chief of the division of ~~mineral~~	19257
oil and gas resources management approves a longer time period,	19258
within three months after the date upon which the surface drilling	19259
of a well is commenced in an urbanized area and within six months	19260
after the date upon which the surface drilling of a well is	19261
commenced in all other areas, the owner or the owner's agent shall	19262
grade or terrace and plant, seed, or sod the area disturbed that	19263
is not required in production of the well where necessary to bind	19264
the soil and prevent substantial erosion and sedimentation. If the	19265
chief finds that a pit used for containing brine, other waste	19266
substances, or oil is in violation of section 1509.22 of the	19267
Revised Code or rules adopted or orders issued under it, the chief	19268
may require the pit to be emptied and closed before expiration of	19269
the fourteen-day or three-month restoration period.	19270

(B) Within three months after a well that has produced oil or	19271
gas is plugged in an urbanized area and within six months after a	19272
well that has produced oil or gas is plugged in all other areas,	19273
or after the plugging of a dry hole, unless the chief approves a	19274
longer time period, the owner or the owner's agent shall remove	19275
all production and storage structures, supplies, and equipment,	19276
and any oil, salt water, and debris, and fill any remaining	19277
excavations. Within that period the owner or the owner's agent	19278
shall grade or terrace and plant, seed, or sod the area disturbed	19279
where necessary to bind the soil and prevent substantial erosion	19280
and sedimentation.	19281

The owner shall be released from responsibility to perform	19282
any or all restoration requirements of this section on any part or	19283
all of the area disturbed upon the filing of a request for a	19284
waiver with and obtaining the written approval of the chief, which	19285
request shall be signed by the surface owner to certify the	19286
approval of the surface owner of the release sought. The chief	19287
shall approve the request unless the chief finds upon inspection	19288
that the waiver would be likely to result in substantial damage to	19289
adjoining property, substantial contamination of surface or	19290
underground water, or substantial erosion or sedimentation.	19291

The chief, by order, may shorten the time periods provided	19292
for under division (A) or (B) of this section if failure to	19293
shorten the periods would be likely to result in damage to public	19294
health or the waters or natural resources of the state.	19295

The chief, upon written application by an owner or an owner's	19296
agent showing reasonable cause, may extend the period within which	19297
restoration shall be completed under divisions (A) and (B) of this	19298
section, but not to exceed a further six-month period, except	19299
under extraordinarily adverse weather conditions or when essential	19300
equipment, fuel, or labor is unavailable to the owner or the	19301
owner's agent.	19302

If the chief refuses to approve a request for waiver or	19303
extension, the chief shall do so by order.	19304

Sec. 1509.073. A person that is issued a permit under this	19305
chapter to drill a new well or drill an existing well deeper in an	19306
urbanized area shall establish fluid drilling conditions prior to	19307
penetration of the Onondaga limestone and continue to use fluid	19308
drilling until total depth of the well is achieved unless the	19309
chief of the division of ~~mineral~~oil and gas resources management	19310
authorizes such drilling without using fluid.	19311

Sec. 1509.08. Upon receipt of an application for a permit	19312
required by section 1509.05 of the Revised Code, or upon receipt	19313
of an application for a permit to plug and abandon under section	19314
1509.13 of the Revised Code, the chief of the division of ~~mineral~~	19315
oil and gas resources management shall determine whether the well	19316
is or is to be located in a coal bearing township.	19317

Whether or not the well is or is to be located in a coal	19318
bearing township, the chief, by order, may refuse to issue a	19319
permit required by section 1509.05 of the Revised Code to any	19320
applicant who at the time of applying for the permit is in	19321
material or substantial violation of this chapter or rules adopted	19322
or orders issued under it. The chief shall refuse to issue a	19323
permit to any applicant who at the time of applying for the permit	19324
has been found liable by a final nonappealable order of a court of	19325
competent jurisdiction for damage to streets, roads, highways,	19326
bridges, culverts, or drainways pursuant to section 4513.34 or	19327
5577.12 of the Revised Code until the applicant provides the chief	19328
with evidence of compliance with the order. No applicant shall	19329
attempt to circumvent this provision by applying for a permit	19330
under a different name or business organization name, by	19331
transferring responsibility to another person or entity, by	19332
abandoning the well or lease, or by any other similar act.	19333

If the well is not or is not to be located in a coal bearing	19334
township, or if it is to be located in a coal bearing township,	19335
but the landowner submits an affidavit attesting to ownership of	19336
the property in fee simple, including the coal, and has no	19337
objection to the well, the chief shall issue the permit.	19338

If the application to drill, reopen, or convert concerns a	19339
well that is or is to be located in a coal bearing township, the	19340
chief shall transmit to the chief of the division of mineral	19341
resources management two copies of the application and three	19342
copies of the map required in section 1509.06 of the Revised Code,	19343
except that, when the affidavit with the waiver of objection	19344
described above is submitted, the chief of the division of oil and	19345
gas resources management shall not transmit the copies.	19346

The chief of the division of mineral resources management	19347
immediately shall notify the owner or lessee of any affected mine	19348
that the application has been filed and send to the owner or	19349
lessee two copies of the map accompanying the application setting	19350
forth the location of the well.	19351

If the owner or lessee objects to the location of the well or	19352
objects to any location within fifty feet of the original location	19353
as a possible site for relocation of the well, the owner or lessee	19354
shall notify the chief of the division of mineral resources	19355
management of the objection, giving the reasons for the objection	19356
and, if applicable, indicating on a copy of the map the particular	19357
location or locations within fifty feet of the original location	19358
to which the owner or lessee objects as a site for possible	19359
relocation of the well, within six days after the receipt of the	19360
notice. If the chief receives no objections from the owner or	19361
lessee of the mine within ten days after the receipt of the notice	19362
by the owner or lessee, or if in the opinion of the chief the	19363
objections offered by the owner or lessee are not sufficiently	19364
well founded, the chief immediately shall notify the owner or	19365
lessee of those findings. The owner or lessee may appeal the	19366
decision of the chief to the reclamation commission under section	19367
1513.13 of the Revised Code. The appeal shall be filed within	19368
fifteen days, notwithstanding provisions in divisions (A)(1) of	19369
section 1513.13 of the Revised Code, to the contrary, from the	19370
date on which the owner or lessee receives the notice. If the	19371
appeal is not filed within that time, the chief immediately shall	19372
approve the application ~~and~~, retain a copy of the application and	19373
map, and return a copy of the application to the chief of the	19374
division of oil and gas resources management with the approval	19375
noted on it. The chief of the division of oil and gas resources	19376
management then shall issue the permit if the provisions of this	19377
chapter pertaining to the issuance of such a permit have been	19378
complied with.	19379

If the chief of the division of mineral resources management	19380
receives an objection from the owner or lessee of the mine as to	19381
the location of the well within ten days after receipt of the	19382
notice by the owner or lessee, and if in the opinion of the chief	19383
the objection is well founded, the chief shall disapprove the	19384
application and ~~suggest~~immediately return it to the chief of the	19385
division of oil and gas resources management together with the	19386
reasons for disapproval and a suggestion for a new location for	19387
the well, provided that the suggested new location shall not be a	19388
location within fifty feet of the original location to which the	19389
owner or lessee has objected as a site for possible relocation of	19390
the well if the chief of the division of mineral resources	19391
management has determined that the objection is well founded. The	19392
chief of the division of oil and gas resources management	19393
immediately shall notify the applicant for the permit of the	19394
disapproval and any suggestion made by the chief of the division	19395
of mineral resources management as to a new location for the well.	19396
The applicant may withdraw the application or amend the	19397
application to drill the well at the location suggested by the	19398
chief, or the applicant may appeal the disapproval of the	19399
application by the chief to the reclamation commission.	19400

If the chief of the division of mineral resources management	19401
receives no objection from the owner or lessee of a mine as to the	19402
location of the well, but does receive an objection from the owner	19403
or lessee as to one or more locations within fifty feet of the	19404
original location as possible sites for relocation of the well	19405
within ten days after receipt of the notice by the owner or	19406
lessee, and if in the opinion of the chief the objection is well	19407
founded, the chief nevertheless shall approve the application and	19408
shall return it immediately to the chief of the division of oil	19409
and gas resources management together with the reasons for	19410
disapproving any of the locations to which the owner or lessee	19411
objects as possible sites for the relocation of the well. The	19412
chief of the division of oil and gas resources management then	19413
shall issue a permit if the provisions of this chapter pertaining	19414
to the issuance of such a permit have been complied with,	19415
incorporating as a term or condition of the permit that the	19416
applicant is prohibited from commencing drilling at any location	19417
within fifty feet of the original location that has been	19418
disapproved by the chief of the division of mineral resources	19419
management. The applicant may appeal to the reclamation commission	19420
the terms and conditions of the permit prohibiting the	19421
commencement of drilling at any such location disapproved by the	19422
chief of the division of mineral resources management.	19423

Any such appeal shall be filed within fifteen days,	19424
notwithstanding provisions in division (A)(1) of section 1513.13	19425
of the Revised Code to the contrary, from the date the applicant	19426
receives notice of the disapproval of the application, any other	19427
location within fifty feet of the original location, or terms or	19428
conditions of the permit, or the owner or lessee receives notice	19429
of the chief's decision. No approval or disapproval of an	19430
application shall be delayed by the chief of the division of	19431
mineral resources management for more than fifteen days from the	19432
date of sending the notice of the application to the mine owner or	19433
lessee as required by this section.	19434

All appeals provided for in this section shall be treated as	19435
expedited appeals. The reclamation commission shall hear any such	19436
appeal in accordance with section 1513.13 of the Revised Code and	19437
issue a decision within thirty days of the filing of the notice of	19438
appeal.	19439

The chief of the division of oil and gas resources management	19440
shall not issue a permit to drill a new well or reopen a well that	19441
is or is to be located within three hundred feet of any opening of	19442
any mine used as a means of ingress, egress, or ventilation for	19443
persons employed in the mine, nor within one hundred feet of any	19444
building or inflammable structure connected with the mine and	19445
actually used as a part of the operating equipment of the mine,	19446
unless the chief of the division of mineral resources management	19447
determines that life or property will not be endangered by	19448
drilling and operating the well in that location.	19449

The chief of the division of mineral resources management may	19450
suspend the drilling or reopening of a well in a coal bearing	19451
township after determining that the drilling or reopening	19452
activities present an imminent and substantial threat to public	19453
health or safety or to miners' health or safety and having been	19454
unable to contact the chief of the division of oil and gas	19455
resources management to request an order of suspension under	19456
section 1509.06 of the Revised Code. Before issuing a suspension	19457
order for that purpose, the chief of the division of mineral	19458
resources management shall notify the owner in a manner that in	19459
the chief's judgment would provide reasonable notification that	19460
the chief intends to issue a suspension order. The chief may issue	19461
such an order without prior notification if reasonable attempts to	19462
notify the owner have failed, but in that event notification shall	19463
be given as soon thereafter as practical. Within five calendar	19464
days after the issuance of the order, the chief shall provide the	19465
owner an opportunity to be heard and to present evidence that the	19466
activities do not present an imminent and substantial threat to	19467
public health or safety or to miners' health or safety. If, after	19468
considering the evidence presented by the owner, the chief	19469
determines that the activities do not present such a threat, the	19470
chief shall revoke the suspension order. An owner may appeal a	19471
suspension order issued by the chief of the division of mineral	19472
resources management under this section to the reclamation	19473
commission in accordance with section 1513.13 of the Revised Code	19474
or may appeal the order directly to the court of common pleas of	19475
the county in which the well is located.	19476

Sec. 1509.09. A well may be drilled under a permit only at	19477
the location designated on the map required in section 1509.06 of	19478
the Revised Code. The location of a well may be changed after the	19479
issuance of a permit only with the approval of the chief of the	19480
division of ~~mineral~~oil and gas resources management and, if the	19481
well is located in a coal bearing township, with the approval of	19482
the chief of the division of mineral resources management using	19483
the procedures required in section 1509.08 of the Revised Code for	19484
a permit to drill a well unless the permit holder requests the	19485
issuance of an emergency drilling permit under this section due to	19486
a lost hole under such circumstances that completion of the well	19487
is not feasible at the original location. If a permit holder	19488
requests a change of location, the permit holder shall return the	19489
original permit and file an amended map indicating the proposed	19490
new location.	19491

Drilling shall not be commenced at a new location until the	19492
original permit bearing a notation of approval by the chief or	19493
chiefs is posted at the well site. However, a permit holder may	19494
commence drilling at a new location without first receiving the	19495
prior approval required by this section, if all of the following	19496
conditions are met:	19497

(A) Within one working day after spudding the new well, the	19498
permit holder files a request for an emergency drilling permit and	19499
submits to the chief of the division of oil and gas resources	19500
management an application for a permit that meets the requirements	19501
of section 1509.06 of the Revised Code, including the permit fee	19502
required by that section, with an amended map showing the new	19503
location;.	19504

(B) ~~A mineral~~An oil and gas resources inspector is present	19505
before spudding operations are commenced at the location;.	19506

(C) The original well is plugged prior to the skidding of the	19507
drilling rig to the new location, and the plugging is witnessed or	19508
verified by ~~a mineral~~an oil and gas resources inspector or, if	19509
the well is located in a coal bearing township, both a deputy mine	19510
inspector and ~~a mineral~~an oil and gas resources inspector unless	19511
the chief or the chief's authorized representative temporarily	19512
waives the requirement, but in any event the original well shall	19513
be plugged before the drilling rig is moved from the location;.	19514

(D) The new location is within fifty feet of the original	19515
location unless, upon request of the permit holder, the chief,	19516
with the approval of the chief of the division of mineral	19517
resources management if the well is located in a coal bearing	19518
township, agrees to a new location farther than fifty feet from	19519
the original location;.	19520

(E) The new location meets all the distance and spacing	19521
requirements prescribed by rules adopted under sections 1509.23	19522
and 1509.24 of the Revised Code;.	19523

(F) If the well is located in a coal bearing township, use of	19524
the new well location has not been disapproved by the chief of the	19525
division of mineral resources management and has not been	19526
prohibited as a term or condition of the permit under section	19527
1509.08 of the Revised Code.	19528

If the chief of the division of oil and gas resources	19529
management approves the change of location, the chief shall issue	19530
an emergency permit within two working days after the filing of	19531
the request for the emergency permit. If the chief disapproves the	19532
change of location, the chief shall, by order, deny the request	19533
and may issue an appropriate enforcement order under section	19534
1509.03 of the Revised Code.	19535

Sec. 1509.10. (A) Any person drilling within the state	19536
shall, within sixty days after the completion of drilling	19537
operations to the proposed total depth or after a determination	19538
that a well is a dry or lost hole, file with the division of	19539
~~mineral~~oil and gas resources management all wireline electric	19540
logs and an accurate well completion record on a form that is	19541
approved by the chief of the division of ~~mineral~~oil and gas	19542
resources management that designates:	19543

(1) The purpose for which the well was drilled;

19544

(2) The character, depth, and thickness of geological units	19545
encountered, including coal seams, mineral beds, associated fluids	19546
such as fresh water, brine, and crude oil, natural gas, and sour	19547
gas, if such seams, beds, fluids, or gases are known;	19548

(3) The dates on which drilling operations were commenced and	19549
completed;	19550

(4) The types of drilling tools used and the name of the	19551
person that drilled the well;	19552

(5) The length in feet of the various sizes of casing and	19553
tubing used in drilling the well, the amount removed after	19554
completion, the type and setting depth of each packer, all other	19555
data relating to cementing in the annular space behind such casing	19556
or tubing, and data indicating completion as a dry, gas, oil,	19557
combination oil and gas, brine injection, or artificial brine well	19558
or a stratigraphic test;	19559

(6) The number of perforations in the casing and the	19560
intervals of the perforations;	19561

(7) The elevation above mean sea level of the point from	19562
which the depth measurements were made, stating also the height of	19563
the point above ground level at the well, the total depth of the	19564
well, and the deepest geological unit that was penetrated in the	19565
drilling of the well;	19566

(8) If applicable, the type, volume, and concentration of	19567
acid, and the date on which acid was used in acidizing the well;	19568

(9) If applicable, the type and volume of fluid used to	19569
stimulate the reservoir of the well, the reservoir breakdown	19570
pressure, the method used for the containment of fluids recovered	19571
from the fracturing of the well, the methods used for the	19572
containment of fluids when pulled from the wellbore from swabbing	19573
the well, the average pumping rate of the well, and the name of	19574
the person that performed the well stimulation. In addition, the	19575
owner shall include a copy of the log from the stimulation of the	19576
well, a copy of the invoice for each of the procedures and methods	19577
described in division (A)(9) of this section that were used on a	19578
well, and a copy of the pumping pressure and rate graphs. However,	19579
the owner may redact from the copy of each invoice that is	19580
required to be included under division (A)(9) of this section the	19581
costs of and charges for the procedures and methods described in	19582
division (A)(9) of this section that were used on a well.	19583

(10) The name of the company that performed the logging of	19584
the well and the types of wireline electric logs performed on the	19585
well.	19586

The well completion record shall be submitted in duplicate.	19587
The first copy shall be retained as a permanent record in the	19588
files of the division, and the second copy shall be transmitted by	19589
the chief to the division of geological survey.	19590

(B)(1) Not later than sixty days after the completion of the	19591
drilling operations to the proposed total depth, the owner shall	19592
file all wireline electric logs with the division of ~~mineral~~oil	19593
and gas resources management and the chief shall transmit such	19594
logs electronically, if available, to the division of geological	19595
survey. Such logs may be retained by the owner for a period of not	19596
more than six months, or such additional time as may be granted by	19597
the chief in writing, after the completion of the well	19598
substantially to the depth shown in the application required by	19599
section 1509.06 of the Revised Code.	19600

(2) If a well is not completed within sixty days after the	19601
completion of drilling operations, the owner shall file with the	19602
division of oil and gas resources management a supplemental well	19603
completion record that includes all of the information required	19604
under this section within sixty days after the completion of the	19605
well.	19606

(C) Upon request in writing by the chief of the division of	19607
geological survey prior to the beginning of drilling of the well,	19608
the person drilling the well shall make available a complete set	19609
of cuttings accurately identified as to depth.	19610

(D) The form of the well completion record required by this	19611
section shall be one that has been approved by the chief of the	19612
division of ~~mineral~~oil and gas resources management and the chief	19613
of the division of geological survey. The filing of a log as	19614
required by this section fulfills the requirement of filing a log	19615
with the chief of the division of geological survey in section	19616
1505.04 of the Revised Code.	19617

(E) If there is a material listed on the invoice that is	19618
required by division (A)(9) of this section for which the division	19619
of ~~mineral~~oil and gas resources management does not have a	19620
material safety data sheet, the chief shall obtain a copy of the	19621
material safety data sheet for the material and post a copy of the	19622
material safety data sheet on the division's web site.	19623

Sec. 1509.11. The owner of any well producing or capable of	19624
producing oil or gas shall file with the chief of the division of	19625
~~mineral~~oil and gas resources management, on or before the	19626
thirty-first day of March, a statement of production of oil, gas,	19627
and brine for the last preceding calendar year in such form as the	19628
chief may prescribe. An owner that has more than one hundred wells	19629
in this state shall submit electronically the statement of	19630
production in a format that is approved by the chief. The chief	19631
shall include on the form, at the minimum, a request for the	19632
submittal of the information that a person who is regulated under	19633
this chapter is required to submit under the "Emergency Planning	19634
and Community Right-To-Know Act of 1986," 100 Stat. 1728, 42	19635
U.S.C.A. 11001, and regulations adopted under it, and that the	19636
division does not obtain through other reporting mechanisms.	19637

Sec. 1509.12. (A) No owner of any well shall construct a	19638
well, or permit defective casing in a well to leak fluids or	19639
gases, that causes damage to other permeable strata, underground	19640
sources of drinking water, or the surface of the land or that	19641
threatens the public health and safety or the environment. Upon	19642
the discovery that the casing in a well is defective or that a	19643
well was not adequately constructed, the owner of the well shall	19644
notify the chief of the division of ~~mineral~~oil and gas resources	19645
management within twenty-four hours of the discovery, and the	19646
owner shall immediately repair the casing, correct the	19647
construction inadequacies, or plug and abandon the well.	19648

(B) When the chief finds that a well should be plugged, the	19649
chief shall notify the owner to that effect by order in writing	19650
and shall specify in the order a reasonable time within which to	19651
comply. No owner shall fail or refuse to plug a well within the	19652
time specified in the order. Each day on which such a well remains	19653
unplugged thereafter constitutes a separate offense.	19654

Where the plugging method prescribed by rules adopted	19655
pursuant to section 1509.15 of the Revised Code cannot be applied	19656
or if applied would be ineffective in carrying out the protection	19657
that the law is meant to give, the chief may designate a different	19658
method of plugging. The abandonment report shall show the manner	19659
in which the well was plugged.	19660

(C) In case of oil or gas wells abandoned prior to September	19661
1, 1978, the board of county commissioners of the county in which	19662
the wells are located may submit to the electors of the county the	19663
question of establishing a special fund, by general levy, by	19664
general bond issue, or out of current funds, which shall be	19665
approved by a majority of the electors voting upon that question	19666
for the purpose of plugging the wells. The fund shall be	19667
administered by the board and the plugging of oil and gas wells	19668
shall be under the supervision of the chief, and the board shall	19669
let contracts for that purpose, provided that the fund shall not	19670
be used for the purpose of plugging oil and gas wells that were	19671
abandoned subsequent to September 1, 1978.	19672

Sec. 1509.13. (A) No person shall plug and abandon a well	19673
without having a permit to do so issued by the chief of the	19674
division of ~~mineral~~oil and gas resources management. The permit	19675
shall be issued by the chief in accordance with this chapter and	19676
shall be valid for a period of twenty-four months from the date of	19677
issue.	19678

(B) Application by the owner for a permit to plug and abandon	19679
shall be filed as many days in advance as will be necessary for a	19680
~~mineral~~an oil and gas resources inspector or, if the well is	19681
located in a coal bearing township, both a deputy mine inspector	19682
and ~~a mineral~~an oil and gas resources inspector to be present at	19683
the plugging. The application shall be filed with the chief upon a	19684
form that the chief prescribes and shall contain the following	19685
information:	19686

(1) The name and address of the owner;

19687

(2) The signature of the owner or the owner's authorized	19688
agent. When an authorized agent signs an application, it shall be	19689
accompanied by a certified copy of the appointment as that agent.	19690

(3) The location of the well identified by section or lot	19691
number, city, village, township, and county;	19692

(4) Designation of well by name and number;

19693

(5) The total depth of the well to be plugged;

19694

(6) The date and amount of last production from the well;

19695

(7) Other data that the chief may require.

19696

(C) If oil or gas has been produced from the well, the	19697
application shall be accompanied by a fee of two hundred fifty	19698
dollars. If a well has been drilled in accordance with law and the	19699
permit is still valid, the permit holder may receive approval to	19700
plug the well from ~~a mineral~~an oil and gas resources inspector so	19701
that the well can be plugged and abandoned without undue delay.	19702
Unless waived by ~~a mineral~~an oil and gas resources inspector,	19703
the owner of a well or the owner's authorized representative shall	19704
notify ~~a mineral~~an oil and gas resources inspector at least	19705
twenty-four hours prior to the commencement of the plugging of a	19706
well. No well shall be plugged and abandoned without ~~a mineral~~an	19707
oil and gas resources inspector present unless permission has been	19708
granted by the chief. The owner of a well that has produced oil or	19709
gas shall give written notice at the same time to the owner of the	19710
land upon which the well is located and to all lessors that	19711
receive gas from the well pursuant to a lease agreement. If the	19712
well penetrates or passes within one hundred feet of the	19713
excavations and workings of a mine, the owner of the well shall	19714
give written notice to the owner or lessee of that mine, of the	19715
well owner's intention to abandon the well and of the time when	19716
the well owner will be prepared to commence plugging it.	19717

(D) An applicant may file a request with the chief for	19718
expedited review of an application for a permit to plug and	19719
abandon a well. The chief may refuse to accept a request for	19720
expedited review if, in the chief's judgment, acceptance of the	19721
request will prevent the issuance, within twenty-one days of	19722
filing, of permits for which applications filed under section	19723
1509.06 of the Revised Code are pending. In addition to a complete	19724
application for a permit that meets the requirements of this	19725
section and the permit fee prescribed by this section, if	19726
applicable, a request shall be accompanied by a nonrefundable	19727
filing fee of five hundred dollars unless the chief has ordered	19728
the applicant to plug and abandon the well. When a request for	19729
expedited review is filed, the chief shall immediately begin to	19730
process the application and shall issue a permit within seven days	19731
of the filing of the request unless the chief, by order, denies	19732
the application.	19733

(E) This section does not apply to a well plugged or	19734
abandoned in compliance with section 1571.05 of the Revised Code.	19735

Sec. 1509.14. Any person who abandons a well, when written	19736
permission has been granted by the chief of the division of	19737
~~mineral~~oil and gas resources management to abandon and plug the	19738
well without an inspector being present to supervise the plugging,	19739
shall make a written report of the abandonment to the chief. The	19740
report shall be submitted not later than thirty days after the	19741
date of abandonment and shall include all of the following:	19742

(A) The date of abandonment;

19743

(B) The name of the owner or operator of the well at the time	19744
of abandonment and the post-office address of the owner or	19745
operator;	19746

(C) The location of the well as to township and county and	19747
the name of the owner of the surface upon which the well is	19748
drilled, with the address thereof;	19749

(D) The date of the permit to drill;

19750

(E) The date when drilled;

19751

(F) The depth of the well;

19752

(G) The depth of the top of the formation to which the well	19753
was drilled;	19754

(H) The depth of each seam of coal drilled through, if known;

19755

(I) A detailed report as to how the well was plugged, giving	19756
in particular the manner in which the coal and various formations	19757
were plugged, and the date of the plugging of the well, including	19758
the names of those who witnessed the plugging of the well.	19759

The report shall be signed by the owner or operator, or the	19760
agent of the owner or operator, who abandons and plugs the well	19761
and verified by the oath of the party so signing. For the purposes	19762
of this section, the ~~mineral~~oil and gas resources inspectors may	19763
take acknowledgments and administer oaths to the parties signing	19764
the report.	19765

Sec. 1509.15. When any well is to be abandoned, it shall	19766
first be plugged in accordance with a method of plugging adopted	19767
by rule by the chief of the division of ~~mineral~~oil and gas	19768
resources management. The abandonment report shall show the manner	19769
in which the well was plugged.	19770

Sec. 1509.17. (A) A well shall be constructed in a manner	19771
that is approved by the chief of the division of ~~mineral~~oil and	19772
gas resources management as specified in the permit using	19773
materials that comply with industry standards for the type and	19774
depth of the well and the anticipated fluid pressures that are	19775
associated with the well. In addition, a well shall be constructed	19776
using sufficient steel or conductor casing in a manner that	19777
supports unconsolidated sediments, that protects and isolates all	19778
underground sources of drinking water as defined by the Safe	19779
Drinking Water Act, and that provides a base for a blowout	19780
preventer or other well control equipment that is necessary to	19781
control formation pressures and fluids during the drilling of the	19782
well and other operations to complete the well. Using steel	19783
production casing with sufficient cement, an oil and gas reservoir	19784
shall be isolated during well stimulation and during the	19785
productive life of the well. In addition, sour gas zones and gas	19786
bearing zones that have sufficient pressure and volume to	19787
over-pressurize the surface production casing annulus resulting in	19788
annular overpressurization shall be isolated using approved	19789
cementing, casing, and well construction practices. However,	19790
isolating an oil and gas reservoir shall not exclude open-hole	19791
completion. A well shall not be perforated for purposes of well	19792
stimulation in any zone that is located around casing that	19793
protects underground sources of drinking water without written	19794
authorization from the chief in accordance with division (D) of	19795
this section. When the well penetrates the excavations of a mine,	19796
the casing shall remain intact as provided in section 1509.18 of	19797
the Revised Code and be plugged and abandoned in accordance with	19798
section 1509.15 of the Revised Code.	19799

(B) The chief may adopt rules in accordance with Chapter 119.	19800
of the Revised Code that are consistent with division (A) of this	19801
section and that establish standards for constructing a well, for	19802
evaluating the quality of well construction materials, and for	19803
completing remedial cementing. In addition, the standards	19804
established in the rules shall consider local geology and various	19805
drilling conditions and shall require the use of reasonable	19806
methods that are based on sound engineering principles.	19807

(C) An owner or an owner's authorized representative shall	19808
notify ~~a mineral~~an oil and gas resources inspector each time that	19809
the owner or the authorized representative notifies a person to	19810
perform the cementing of the conductor casing, the surface casing,	19811
or the production casing. In addition, not later than sixty days	19812
after the completion of the cementing of the production casing, an	19813
owner shall submit to the chief a copy of the cement tickets for	19814
each cemented string of casing and a copy of all logs that were	19815
used to evaluate the quality of the cementing.	19816

(D) The chief shall grant an exemption from this section and	19817
rules adopted under it for a well if the chief determines that a	19818
cement bond log confirms zonal isolation and there is a minimum of	19819
five hundred feet between the uppermost perforation of the casing	19820
and the lowest depth of an underground source of drinking water.	19821

Sec. 1509.181. (A) The chief of the division of mineral	19822
resources management may order the immediate suspension of the	19823
drilling or reopening of a well in a coal bearing township after	19824
determining that the drilling or reopening activities present an	19825
imminent and substantial threat to public health or safety or to a	19826
miner's health or safety.	19827

(B) Before issuing an order under division (A) of this	19828
section, the chief shall notify the chief of the division of oil	19829
and gas resources management and the owner in any manner that the	19830
chief of the division of mineral resources management determines	19831
would provide reasonable notification of the chief's intent to	19832
issue a suspension order. However, the chief may order the	19833
immediate suspension of the drilling or reopening of a well in a	19834
coal bearing township without prior notification to the owner if	19835
the chief has made reasonable attempts to notify the owner and the	19836
attempts have failed. If the chief orders the immediate suspension	19837
of such drilling or reopening, the chief shall provide the chief	19838
of the division of oil and gas resources management and the owner	19839
notice of the order as soon as practical.	19840

(C) Not later than five days after the issuance of an order	19841
under division (A) of this section to immediately suspend the	19842
drilling or reopening of a well in a coal bearing township, the	19843
chief of the division of mineral resources management shall	19844
provide the owner an opportunity to be heard and to present	19845
evidence that the drilling or reopening activities will not likely	19846
result in an imminent and substantial threat to public health or	19847
safety or to a miner's health or safety, as applicable. If the	19848
chief, after considering all evidence presented by the owner,	19849
determines that the activities do not present such a threat, the	19850
chief shall revoke the suspension order.	19851

(D) Notwithstanding any other provision of this chapter, an	19852
owner may appeal a suspension order issued under this section to	19853
the reclamation commission in accordance with section 1513.13 of	19854
the Revised Code.	19855

Sec. 1509.19. An owner who elects to stimulate a well shall	19856
stimulate the well in a manner that will not endanger underground	19857
sources of drinking water. Not later than twenty-four hours before	19858
commencing the stimulation of a well, the owner or the owner's	19859
authorized representative shall notify ~~a mineral~~an oil and gas	19860
resources inspector. If during the stimulation of a well damage to	19861
the production casing or cement occurs and results in the	19862
circulation of fluids from the annulus of the surface production	19863
casing, the owner shall immediately terminate the stimulation of	19864
the well and notify the chief of the division of ~~mineral~~oil and	19865
gas resources management. If the chief determines that the casing	19866
and the cement may be remediated in a manner that isolates the oil	19867
and gas bearing zones of the well, the chief may authorize the	19868
completion of the stimulation of the well. If the chief determines	19869
that the stimulation of a well resulted in irreparable damage to	19870
the well, the chief shall order that the well be plugged and	19871
abandoned within thirty days of the issuance of the order.	19872

For purposes of determining the integrity of the remediation	19873
of the casing or cement of a well that was damaged during the	19874
stimulation of the well, the chief may require the owner of the	19875
well to submit cement evaluation logs, temperature surveys,	19876
pressure tests, or a combination of such logs, surveys, and tests.	19877

Sec. 1509.21. No person shall, without first having obtained	19878
a permit from the chief of the division of ~~mineral~~oil and gas	19879
resources management, conduct secondary or additional recovery	19880
operations, including any underground injection of fluids or	19881
carbon dioxide for the secondary or tertiary recovery of oil or	19882
natural gas or for the storage of hydrocarbons that are liquid at	19883
standard temperature or pressure, unless a rule of the chief	19884
expressly authorizes such operations without a permit. The permit	19885
shall be in addition to any permit required by section 1509.05 of	19886
the Revised Code. Secondary or additional recovery operations	19887
shall be conducted in accordance with rules and orders of the	19888
chief and any terms or conditions of the permit authorizing such	19889
operations. In addition, the chief may authorize tests to evaluate	19890
whether fluids or carbon dioxide may be injected in a reservoir	19891
and to determine the maximum allowable injection pressure. The	19892
tests shall be conducted in accordance with methods prescribed in	19893
rules of the chief or conditions of the permit. Rules adopted	19894
under this section shall include provisions regarding applications	19895
for and the issuance of permits; the terms and conditions of	19896
permits; entry to conduct inspections and to examine records to	19897
ascertain compliance with this section and rules, orders, and	19898
terms and conditions of permits adopted or issued thereunder; the	19899
provision and maintenance of information through monitoring,	19900
recordkeeping, and reporting; and other provisions in furtherance	19901
of the goals of this section and the Safe Drinking Water Act. To	19902
implement the goals of the Safe Drinking Water Act, the chief	19903
shall not issue a permit for the underground injection of fluids	19904
for the secondary or tertiary recovery of oil or natural gas or	19905
for the storage of hydrocarbons that are liquid at standard	19906
temperature and pressure, unless the chief concludes that the	19907
applicant has demonstrated that the injection will not result in	19908
the presence of any contaminant in underground water that supplies	19909
or can be reasonably expected to supply any public water system,	19910
such that the presence of any such contaminant may result in the	19911
system's not complying with any national primary drinking water	19912
regulation or may otherwise adversely affect the health of	19913
persons. Rules, orders, and terms or conditions of permits adopted	19914
or issued under this section shall be construed to be no more	19915
stringent than required for compliance with the Safe Drinking	19916
Water Act, unless essential to ensure that underground sources of	19917
drinking water will not be endangered.	19918

Sec. 1509.22. (A) Except when acting in accordance with	19919
section 1509.226 of the Revised Code, no person shall place or	19920
cause to be placed brine, crude oil, natural gas, or other fluids	19921
associated with the exploration or development of oil and gas	19922
resources in surface or ground water or in or on the land in such	19923
quantities or in such manner as actually causes or could	19924
reasonably be anticipated to cause either of the following:	19925

(1) Water used for consumption by humans or domestic animals	19926
to exceed the standards of the Safe Drinking Water Act;	19927

(2) Damage or injury to public health or safety or the	19928
environment.	19929

(B) No person shall store or dispose of brine in violation of	19930
a plan approved under division (A) of section 1509.222 or section	19931
1509.226 of the Revised Code, in violation of a resolution	19932
submitted under section 1509.226 of the Revised Code, or in	19933
violation of rules or orders applicable to those plans or	19934
resolutions.	19935

(C) The chief of the division of ~~mineral~~oil and gas	19936
resources management shall adopt rules and issue orders regarding	19937
storage and disposal of brine and other waste substances; however,	19938
the storage and disposal of brine and other waste substances and	19939
the chief's rules relating to storage and disposal are subject to	19940
all of the following standards:	19941

(1) Brine from any well except an exempt Mississippian well	19942
shall be disposed of only by injection into an underground	19943
formation, including annular disposal if approved by rule of the	19944
chief, which injection shall be subject to division (D) of this	19945
section; by surface application in accordance with section	19946
1509.226 of the Revised Code; in association with a method of	19947
enhanced recovery as provided in section 1509.21 of the Revised	19948
Code; or by other methods approved by the chief for testing or	19949
implementing a new technology or method of disposal. Brine from	19950
exempt Mississippian wells shall not be discharged directly into	19951
the waters of the state.	19952

(2) Muds, cuttings, and other waste substances shall not be	19953
disposed of in violation of any rule.	19954

(3) Pits or steel tanks shall be used as authorized by the	19955
chief for containing brine and other waste substances resulting	19956
from, obtained from, or produced in connection with drilling, well	19957
stimulation, reworking, reconditioning, plugging back, or plugging	19958
operations. The pits and steel tanks shall be constructed and	19959
maintained to prevent the escape of brine and other waste	19960
substances.	19961

(4) A dike or pit may be used for spill prevention and	19962
control. A dike or pit so used shall be constructed and maintained	19963
to prevent the escape of brine and crude oil, and the reservoir	19964
within such a dike or pit shall be kept reasonably free of brine,	19965
crude oil, and other waste substances.	19966

(5) Earthen impoundments constructed pursuant to the	19967
division's specifications may be used for the temporary storage of	19968
fluids used in the stimulation of a well.	19969

(6) No pit, earthen impoundment, or dike shall be used for	19970
the temporary storage of brine or other substances except in	19971
accordance with divisions (C)(3) to (5) of this section.	19972

(7) No pit or dike shall be used for the ultimate disposal of	19973
brine or other liquid waste substances.	19974

(D) No person, without first having obtained a permit from	19975
the chief, shall inject brine or other waste substances resulting	19976
from, obtained from, or produced in connection with oil or gas	19977
drilling, exploration, or production into an underground formation	19978
unless a rule of the chief expressly authorizes the injection	19979
without a permit. The permit shall be in addition to any permit	19980
required by section 1509.05 of the Revised Code, and the permit	19981
application shall be accompanied by a permit fee of one thousand	19982
dollars. The chief shall adopt rules in accordance with Chapter	19983
119. of the Revised Code regarding the injection into wells of	19984
brine and other waste substances resulting from, obtained from, or	19985
produced in connection with oil or gas drilling, exploration, or	19986
production. The rules may authorize tests to evaluate whether	19987
fluids or carbon dioxide may be injected in a reservoir and to	19988
determine the maximum allowable injection pressure, which shall be	19989
conducted in accordance with methods prescribed in the rules or in	19990
accordance with conditions of the permit. In addition, the rules	19991
shall include provisions regarding applications for and issuance	19992
of the permits required by this division; entry to conduct	19993
inspections and to examine and copy records to ascertain	19994
compliance with this division and rules, orders, and terms and	19995
conditions of permits adopted or issued under it; the provision	19996
and maintenance of information through monitoring, recordkeeping,	19997
and reporting; and other provisions in furtherance of the goals of	19998
this section and the Safe Drinking Water Act. To implement the	19999
goals of the Safe Drinking Water Act, the chief shall not issue a	20000
permit for the injection of brine or other waste substances	20001
resulting from, obtained from, or produced in connection with oil	20002
or gas drilling, exploration, or production unless the chief	20003
concludes that the applicant has demonstrated that the injection	20004
will not result in the presence of any contaminant in ground water	20005
that supplies or can reasonably be expected to supply any public	20006
water system, such that the presence of the contaminant may result	20007
in the system's not complying with any national primary drinking	20008
water regulation or may otherwise adversely affect the health of	20009
persons. This division and rules, orders, and terms and conditions	20010
of permits adopted or issued under it shall be construed to be no	20011
more stringent than required for compliance with the Safe Drinking	20012
Water Act unless essential to ensure that underground sources of	20013
drinking water will not be endangered.	20014

(E) The owner holding a permit, or an assignee or transferee	20015
who has assumed the obligations and liabilities imposed by this	20016
chapter and any rules adopted or orders issued under it pursuant	20017
to section 1509.31 of the Revised Code, and the operator of a well	20018
shall be liable for a violation of this section or any rules	20019
adopted or orders or terms or conditions of a permit issued under	20020
it.	20021

(F) An owner shall replace the water supply of the holder of	20022
an interest in real property who obtains all or part of the	20023
holder's supply of water for domestic, agricultural, industrial,	20024
or other legitimate use from an underground or surface source	20025
where the supply has been substantially disrupted by	20026
contamination, diminution, or interruption proximately resulting	20027
from the owner's oil or gas operation, or the owner may elect to	20028
compensate the holder of the interest in real property for the	20029
difference between the fair market value of the interest before	20030
the damage occurred to the water supply and the fair market value	20031
after the damage occurred if the cost of replacing the water	20032
supply exceeds this difference in fair market values. However,	20033
during the pendency of any order issued under this division, the	20034
owner shall obtain for the holder or shall reimburse the holder	20035
for the reasonable cost of obtaining a water supply from the time	20036
of the contamination, diminution, or interruption by the operation	20037
until the owner has complied with an order of the chief for	20038
compliance with this division or such an order has been revoked or	20039
otherwise becomes not effective. If the owner elects to pay the	20040
difference in fair market values, but the owner and the holder	20041
have not agreed on the difference within thirty days after the	20042
chief issues an order for compliance with this division, within	20043
ten days after the expiration of that thirty-day period, the owner	20044
and the chief each shall appoint an appraiser to determine the	20045
difference in fair market values, except that the holder of the	20046
interest in real property may elect to appoint and compensate the	20047
holder's own appraiser, in which case the chief shall not appoint	20048
an appraiser. The two appraisers appointed shall appoint a third	20049
appraiser, and within thirty days after the appointment of the	20050
third appraiser, the three appraisers shall hold a hearing to	20051
determine the difference in fair market values. Within ten days	20052
after the hearing, the appraisers shall make their determination	20053
by majority vote and issue their final determination of the	20054
difference in fair market values. The chief shall accept a	20055
determination of the difference in fair market values made by	20056
agreement of the owner and holder or by appraisers under this	20057
division and shall make and dissolve orders accordingly. This	20058
division does not affect in any way the right of any person to	20059
enforce or protect, under applicable law, the person's interest in	20060
water resources affected by an oil or gas operation.	20061

(G) In any action brought by the state for a violation of	20062
division (A) of this section involving any well at which annular	20063
disposal is used, there shall be a rebuttable presumption	20064
available to the state that the annular disposal caused the	20065
violation if the well is located within a one-quarter-mile radius	20066
of the site of the violation.	20067

Sec. 1509.221. (A) No person, without first having obtained	20068
a permit from the chief of the division of ~~mineral~~oil and gas	20069
resources management, shall drill a well or inject a substance	20070
into a well for the exploration for or extraction of minerals or	20071
energy, other than oil or natural gas, including, but not limited	20072
to, the mining of sulfur by the Frasch process, the solution	20073
mining of minerals, the in situ combustion of fossil fuel, or the	20074
recovery of geothermal energy to produce electric power, unless a	20075
rule of the chief expressly authorizes the activity without a	20076
permit. The permit shall be in addition to any permit required by	20077
section 1509.05 of the Revised Code. The chief shall adopt rules	20078
in accordance with Chapter 119. of the Revised Code governing the	20079
issuance of permits under this section. The rules shall include	20080
provisions regarding the matters the applicant for a permit shall	20081
demonstrate to establish eligibility for a permit; the form and	20082
content of applications for permits; the terms and conditions of	20083
permits; entry to conduct inspections and to examine and copy	20084
records to ascertain compliance with this section and rules,	20085
orders, and terms and conditions of permits adopted or issued	20086
thereunder; provision and maintenance of information through	20087
monitoring, recordkeeping, and reporting; and other provisions in	20088
furtherance of the goals of this section and the Safe Drinking	20089
Water Act. To implement the goals of the Safe Drinking Water Act,	20090
the chief shall not issue a permit under this section, unless the	20091
chief concludes that the applicant has demonstrated that the	20092
drilling, injection of a substance, and extraction of minerals or	20093
energy will not result in the presence of any contaminant in	20094
underground water that supplies or can reasonably be expected to	20095
supply any public water system, such that the presence of the	20096
contaminant may result in the system's not complying with any	20097
national primary drinking water regulation or may otherwise	20098
adversely affect the health of persons. The chief may issue,	20099
without a prior adjudication hearing, orders requiring compliance	20100
with this section and rules, orders, and terms and conditions of	20101
permits adopted or issued thereunder. This section and rules,	20102
orders, and terms and conditions of permits adopted or issued	20103
thereunder shall be construed to be no more stringent than	20104
required for compliance with the Safe Drinking Water Act, unless	20105
essential to ensure that underground sources of drinking water	20106
will not be endangered.	20107

(B)(1) There is levied on the owner of an injection well who	20108
has been issued a permit under division (D) of section 1509.22 of	20109
the Revised Code the following fees:	20110

(a) Five cents per barrel of each substance that is delivered	20111
to a well to be injected in the well when the substance is	20112
produced within the division of ~~mineral~~oil and gas resources	20113
management regulatory district in which the well is located or	20114
within an adjoining ~~mineral~~oil and gas resources management	20115
regulatory district;	20116

(b) Twenty cents per barrel of each substance that is	20117
delivered to a well to be injected in the well when the substance	20118
is not produced within the division of ~~mineral~~oil and gas	20119
resources management regulatory district in which the well is	20120
located or within an adjoining ~~mineral~~oil and gas resources	20121
management regulatory district.	20122

(2) The maximum number of barrels of substance per injection	20123
well in a calendar year on which a fee may be levied under	20124
division (B) of this section is five hundred thousand. If in a	20125
calendar year the owner of an injection well receives more than	20126
five hundred thousand barrels of substance to be injected in the	20127
owner's well and if the owner receives at least one substance that	20128
is produced within the division's regulatory district in which the	20129
well is located or within an adjoining regulatory district and at	20130
least one substance that is not produced within the division's	20131
regulatory district in which the well is located or within an	20132
adjoining regulatory district, the fee shall be calculated first	20133
on all of the barrels of substance that are not produced within	20134
the division's regulatory district in which the well is located or	20135
within an adjoining district at the rate established in division	20136
(B)(2) of this section. The fee then shall be calculated on the	20137
barrels of substance that are produced within the division's	20138
regulatory district in which the well is located or within an	20139
adjoining district at the rate established in division (B)(1) of	20140
this section until the maximum number of barrels established in	20141
division (B)(2) of this section has been attained.	20142

(3) The owner of an injection well who is issued a permit	20143
under division (D) of section 1509.22 of the Revised Code shall	20144
collect the fee levied by division (B) of this section on behalf	20145
of the division of ~~mineral~~oil and gas resources management and	20146
forward the fee to the division. The chief shall transmit all	20147
money received under division (B) of this section to the treasurer	20148
of state who shall deposit the money in the state treasury to the	20149
credit of the oil and gas well fund created in section 1509.02 of	20150
the Revised Code. The owner of an injection well who collects the	20151
fee levied by this division may retain up to three per cent of the	20152
amount that is collected.	20153

(4) The chief shall adopt rules in accordance with Chapter	20154
119. of the Revised Code establishing requirements and procedures	20155
for collection of the fee levied by division (B) of this section.	20156

(C) In an action under section 1509.04 or 1509.33 of the	20157
Revised Code to enforce this section, the court shall grant	20158
preliminary and permanent injunctive relief and impose a civil	20159
penalty upon the showing that the person against whom the action	20160
is brought has violated, is violating, or will violate this	20161
section or rules, orders, or terms or conditions of permits	20162
adopted or issued thereunder. The court shall not require, prior	20163
to granting such preliminary and permanent injunctive relief or	20164
imposing a civil penalty, proof that the violation was, is, or	20165
will be the result of intentional conduct or negligence. In any	20166
such action, any person may intervene as a plaintiff upon the	20167
demonstration that the person has an interest that is or may be	20168
adversely affected by the activity for which injunctive relief or	20169
a civil penalty is sought.	20170

Sec. 1509.222. (A)(1) Except as provided in section 1509.226	20171
of the Revised Code, no person shall transport brine by vehicle in	20172
this state unless the business entity that employs the person	20173
first registers with and obtains a registration certificate and	20174
identification number from the chief of the division of ~~mineral~~	20175
oil and gas resources management.	20176

(2) No more than one registration certificate shall be	20177
required of any business entity. Registration certificates issued	20178
under this section are not transferable. An applicant shall file	20179
an application with the chief, containing such information in such	20180
form as the chief prescribes, but including a plan for disposal	20181
that provides for compliance with the requirements of this chapter	20182
and rules of the chief pertaining to the transportation of brine	20183
by vehicle and the disposal of brine so transported and that lists	20184
all disposal sites that the applicant intends to use, the bond	20185
required by section 1509.225 of the Revised Code, and a	20186
certificate issued by an insurance company authorized to do	20187
business in this state certifying that the applicant has in force	20188
a liability insurance policy in an amount not less than three	20189
hundred thousand dollars bodily injury coverage and three hundred	20190
thousand dollars property damage coverage to pay damages for	20191
injury to persons or property caused by the collecting, handling,	20192
transportation, or disposal of brine. The policy shall be	20193
maintained in effect during the term of the registration	20194
certificate. The policy or policies providing the coverage shall	20195
require the insurance company to give notice to the chief if the	20196
policy or policies lapse for any reason. Upon such termination of	20197
the policy, the chief may suspend the registration certificate	20198
until proper insurance coverage is obtained. Each application for	20199
a registration certificate shall be accompanied by a nonrefundable	20200
fee of five hundred dollars.	20201

(3) If a business entity that has been issued a registration	20202
certificate under this section changes its name due to a business	20203
reorganization or merger, the business entity shall revise the	20204
bond or certificates of deposit required by section 1509.225 of	20205
the Revised Code and obtain a new certificate from an insurance	20206
company in accordance with division (A)(2) of this section to	20207
reflect the change in the name of the business entity.	20208

(B) The chief shall issue an order denying an application for	20209
a registration certificate if the chief finds that either of the	20210
following applies:	20211

(1) The applicant, at the time of applying for the	20212
registration certificate, has been found liable by a final	20213
nonappealable order of a court of competent jurisdiction for	20214
damage to streets, roads, highways, bridges, culverts, or	20215
drainways pursuant to section 4513.34 or 5577.12 of the Revised	20216
Code until the applicant provides the chief with evidence of	20217
compliance with the order.	20218

(2) The applicant's plan for disposal does not provide for	20219
compliance with the requirements of this chapter and rules of the	20220
chief pertaining to the transportation of brine by vehicle and the	20221
disposal of brine so transported.	20222

(C) No applicant shall attempt to circumvent division (B) of	20223
this section by applying for a registration certificate under a	20224
different name or business organization name, by transferring	20225
responsibility to another person or entity, or by any similar act.	20226

(D) A registered transporter shall apply to revise a disposal	20227
plan under procedures that the chief shall prescribe by rule.	20228
However, at a minimum, an application for a revision shall list	20229
all sources and disposal sites of brine currently transported. The	20230
chief shall deny any application for a revision of a plan under	20231
this division if the chief finds that the proposed revised plan	20232
does not provide for compliance with the requirements of this	20233
chapter and rules of the chief pertaining to the transportation of	20234
brine by vehicle and the disposal of brine so transported.	20235
Approvals and denials of revisions shall be by order of the chief.	20236

(E) The chief may adopt rules, issue orders, and attach terms	20237
and conditions to registration certificates as may be necessary to	20238
administer, implement, and enforce sections 1509.222 to 1509.226	20239
of the Revised Code for protection of public health or safety or	20240
conservation of natural resources.	20241

Sec. 1509.223. (A) No permit holder or owner of a well shall	20242
enter into an agreement with or permit any person to transport	20243
brine produced from the well who is not registered pursuant to	20244
section 1509.222 of the Revised Code or exempt from registration	20245
under section 1509.226 of the Revised Code.	20246

(B) Each registered transporter shall file with the chief of	20247
the division of ~~mineral~~oil and gas resources management, on or	20248
before the fifteenth day of April, a statement concerning brine	20249
transported, including quantities transported and source and	20250
delivery points, during the last preceding calendar year, and such	20251
other information in such form as the chief may prescribe.	20252

(C) Each registered transporter shall keep on each vehicle	20253
used to transport brine a daily log and have it available upon the	20254
request of the chief or an authorized representative of the chief	20255
or a peace officer. The log shall, at a minimum, include all of	20256
the following information:	20257

(1) The name of the owner or owners of the well or wells	20258
producing the brine to be transported;	20259

(2) The date and time the brine is loaded;

20260

(3) The name of the driver;

20261

(4) The amount of brine loaded at each collection point;

20262

(5) The disposal location;

20263

(6) The date and time the brine is disposed of and the amount	20264
of brine disposed of at each location.	20265

No registered transporter shall falsify or fail to keep or	20266
submit the log required by this division.	20267

(D) Each registered transporter shall legibly identify with	20268
reflective paints all vehicles employed in transporting or	20269
disposing of brine. Letters shall be no less than four inches in	20270
height and shall indicate the identification number issued by the	20271
chief, the word "brine," and the name and telephone number of the	20272
transporter.	20273

(E) The chief shall maintain and keep a current list of	20274
persons registered to transport brine under section 1509.222 of	20275
the Revised Code. The list shall be open to public inspection. It	20276
is an affirmative defense to a charge under division (A) of this	20277
section that at the time the permit holder or owner of a well	20278
entered into an agreement with or permitted a person to transport	20279
brine, the person was shown on the list as currently registered to	20280
transport brine.	20281

Sec. 1509.224. (A) In addition to any other remedies	20282
provided in this chapter, if the chief of the division of ~~mineral~~	20283
oil and gas resources management has reason to believe that a	20284
pattern of the same or similar violations of any requirements of	20285
~~sections~~section 1509.22, 1509.222, or 1509.223 of the Revised	20286
Code, or any rule adopted thereunder or term or condition of the	20287
registration certificate issued thereunder exists or has existed,	20288
and the violations are caused by the transporter's indifference,	20289
lack of diligence, or lack of reasonable care, or are willfully	20290
caused by the transporter, the chief shall immediately issue an	20291
order to the transporter to show cause why the certificate should	20292
not be suspended or revoked. After the issuance of the order, the	20293
chief shall provide the transporter an opportunity to be heard and	20294
to present evidence at an informal hearing conducted by the chief.	20295
If, at the conclusion of the hearing, the chief finds that such a	20296
pattern of violations exists or has existed, the chief shall issue	20297
an order suspending or revoking the transporter's registration	20298
certificate. An order suspending or revoking a certificate under	20299
this section may be appealed under sections 1509.36 and 1509.37 of	20300
the Revised Code, or notwithstanding any other provision of this	20301
chapter, may be appealed directly to the court of common pleas of	20302
Franklin county.	20303

(B) Before issuing an order denying a registration	20304
certificate; approving or denying approval of an application for	20305
revision of a registered transporter's plan for disposal; or to	20306
implement, administer, or enforce section 1509.22, 1509.222,	20307
1509.223, 1509.225, or 1509.226 of the Revised Code and rules and	20308
terms and conditions of registration certificates adopted or	20309
issued thereunder pertaining to the transportation of brine by	20310
vehicle and the disposal of brine so transported, the chief shall	20311
issue a preliminary order indicating the chief's intent to issue a	20312
final order. The preliminary order shall clearly state the nature	20313
of the chief's proposed action and the findings on which it is	20314
based and shall state that the preliminary order becomes a final	20315
order thirty days after its issuance unless the person to whom the	20316
preliminary order is directed submits to the chief a written	20317
request for an informal hearing before the chief within that	20318
thirty-day period. At the hearing the person may present evidence	20319
as to why the preliminary order should be revoked or modified.	20320
Based upon the findings from the informal hearing, the chief shall	20321
revoke, issue, or modify and issue the preliminary order as a	20322
final order. A final order may be appealed under sections 1509.36	20323
and 1509.37 of the Revised Code.	20324

Sec. 1509.225. (A) Before being issued a registration	20325
certificate under section 1509.222 of the Revised Code, an	20326
applicant shall execute and file with the division of ~~mineral~~oil	20327
and gas resources management a surety bond for fifteen thousand	20328
dollars to provide compensation for damage and injury resulting	20329
from transporters' violations of sections 1509.22, 1509.222, and	20330
1509.223 of the Revised Code, all rules and orders of the chief of	20331
the division of ~~mineral resource~~oil and gas resources management	20332
relating thereto, and all terms and conditions of the registration	20333
certificate imposed thereunder. The applicant may deposit with the	20334
chief, in lieu of a surety bond, cash in an amount equal to the	20335
surety bond as prescribed in this section, or negotiable	20336
certificates of deposit issued by any bank organized or	20337
transacting business in this state, or certificates of deposit	20338
issued by any building and loan association as defined in section	20339
1151.01 of the Revised Code, having a cash value equal to or	20340
greater than the amount of the surety bond as prescribed in this	20341
section. Cash or certificates of deposit shall be deposited upon	20342
the same terms as those upon which surety bonds may be deposited.	20343
If certificates of deposit are deposited with the chief in lieu of	20344
a surety bond, the chief shall require the bank or building and	20345
loan association that issued any such certificate to pledge	20346
securities of a cash value equal to the amount of the certificate	20347
that is in excess of the amount insured by any of the agencies and	20348
instrumentalities created under the "Federal Deposit Insurance	20349
Act," 64 Stat. 873 (1950), 12 U.S.C. 1811, as amended, and	20350
regulations adopted under it, including at least the federal	20351
deposit insurance corporation, bank insurance fund, and savings	20352
association insurance fund.	20353

Such securities shall be security for the repayment of the	20354
certificate of deposit. Immediately upon a deposit of cash or	20355
certificates with the chief, the chief shall deliver it to the	20356
treasurer of state who shall hold it in trust for the purposes for	20357
which it has been deposited.	20358

(B) The surety bond provided for in this section shall be	20359
executed by a surety company authorized to do business in this	20360
state. The chief shall not approve any bond until it is personally	20361
signed and acknowledged by both principal and surety, or as to	20362
either by an attorney in fact, with a certified copy of the power	20363
of attorney attached thereto. The chief shall not approve the bond	20364
unless there is attached a certificate of the superintendent of	20365
insurance that the company is authorized to transact a fidelity	20366
and surety business in this state. All bonds shall be given in a	20367
form to be prescribed by the chief.	20368

(C) If a registered transporter is found liable for a	20369
violation of section 1509.22, 1509.222, or 1509.223 of the Revised	20370
Code or a rule, order, or term or condition of a certificate	20371
involving, in any case, damage or injury to persons or property,	20372
or both, the court may order the forfeiture of any portion of the	20373
bond, cash, or other securities required by this section in full	20374
or partial payment of damages to the person to whom the damages	20375
are due. The treasurer of state and the chief shall deliver the	20376
bond or any cash or other securities deposited in lieu of bond, as	20377
specified in the court's order, to the person to whom the damages	20378
are due; however, execution against the bond, cash, or other	20379
securities, if necessary, is the responsibility of the person to	20380
whom the damages are due. The chief shall not release the bond,	20381
cash, or securities required by this section except by court order	20382
or until the registration is terminated.	20383

Sec. 1509.226. (A) If a board of county commissioners, a	20384
board of township trustees, or the legislative authority of a	20385
municipal corporation wishes to permit the surface application of	20386
brine to roads, streets, highways, and other similar land surfaces	20387
it owns or has the right to control for control of dust or ice, it	20388
may adopt a resolution permitting such application as provided in	20389
this section. If a board or legislative authority does not adopt	20390
such a resolution, then no such surface application of brine is	20391
permitted on such roads, streets, highways, and other similar	20392
surfaces. If a board or legislative authority votes on a proposed	20393
resolution to permit such surface application of brine, but the	20394
resolution fails to receive the affirmative vote of a majority of	20395
the board or legislative authority, the board or legislative	20396
authority shall not adopt such a resolution for one year following	20397
the date on which the vote was taken. A board or legislative	20398
authority shall hold at least one public hearing on any proposal	20399
to permit surface application of brine under this division and may	20400
hold additional hearings. The board or legislative authority shall	20401
publish notice of the time and place of each such public hearing	20402
in a newspaper of general circulation in the political subdivision	20403
at least five days before the day on which the hearing is to be	20404
held.	20405

(B) If a board or legislative authority adopts a resolution	20406
permitting the surface application of brine to roads, streets,	20407
highways, and other similar land surfaces under division (A) of	20408
this section, the board or legislative authority shall, within	20409
thirty days after the adoption of the resolution, prepare and	20410
submit to the chief of the division of ~~mineral~~oil and gas	20411
resources management a copy of the resolution. Any department,	20412
agency, or instrumentality of this state or the United States that	20413
wishes to permit the surface application of brine to roads,	20414
streets, highways, and other similar land surfaces it owns or has	20415
a right to control shall prepare and submit guidelines for such	20416
application, but need not adopt a resolution under division (A) of	20417
this section permitting such surface application.	20418

All resolutions and guidelines shall be subject to the	20419
following standards:	20420

(1) Brine shall not be applied:

20421

(a) To a water-saturated surface;

20422

(b) Directly to vegetation near or adjacent to surfaces being	20423
treated;	20424

(c) Within twelve feet of structures crossing bodies of water	20425
or crossing drainage ditches;	20426

(d) Between sundown and sunrise, except for ice control.

20427

(2) The discharge of brine through the spreader bar shall	20428
stop when the application stops.	20429

(3) The applicator vehicle shall be moving at least five	20430
miles per hour at all times while the brine is being applied.	20431

(4) The maximum spreader bar nozzle opening shall be	20432
three-quarters of an inch in diameter.	20433

(5) The maximum uniform application rate of brine shall be	20434
three thousand gallons per mile on a twelve-foot-wide road or	20435
three gallons per sixty square feet on unpaved lots.	20436

(6) The applicator vehicle discharge valve shall be closed	20437
between the brine collection point and the specific surfaces that	20438
have been approved for brine application.	20439

(7) Any valves that provide for tank draining other than	20440
through the spreader bar shall be closed during the brine	20441
application and transport.	20442

(8) The angle of discharge from the applicator vehicle	20443
spreader bar shall not be greater than sixty degrees from the	20444
perpendicular to the unpaved surface.	20445

(9) Only the last twenty-five per cent of an applicator	20446
vehicle's contents shall be allowed to have a pressure greater	20447
than atmospheric pressure; therefore, the first seventy-five per	20448
cent of the applicator vehicle's contents shall be discharged	20449
under atmospheric pressure.	20450

(10) Only brine that is produced from a well shall be allowed	20451
to be spread on a road. Fluids from the drilling of a well,	20452
flowback from the stimulation of a well, and other fluids used to	20453
treat a well shall not be spread on a road.	20454

If a resolution or guidelines contain only the standards	20455
listed in ~~division~~divisions (B)(1) to (10) of this section,	20456
without addition or qualification, the resolution or guidelines	20457
shall be deemed effective when submitted to the chief without	20458
further action by the chief. All other resolutions and guidelines	20459
shall comply with and be no less stringent than this chapter,	20460
rules concerning surface application that the chief shall adopt	20461
under division (C) of section 1509.22 of the Revised Code, and	20462
other rules of the chief. Within fifteen days after receiving such	20463
other resolutions and guidelines, the chief shall review them for	20464
compliance with the law and rules and disapprove them if they do	20465
not comply.	20466

The board, legislative authority, or department, agency, or	20467
instrumentality may revise and resubmit any resolutions or	20468
guidelines that the chief disapproves after each disapproval, and	20469
the chief shall again review and approve or disapprove them within	20470
fifteen days after receiving them. The board, legislative	20471
authority, or department, agency, or instrumentality may amend any	20472
resolutions or guidelines previously approved by the chief and	20473
submit them, as amended, to the chief. The chief shall receive,	20474
review, and approve or disapprove the amended resolutions or	20475
guidelines on the same basis and in the same time as original	20476
resolutions or guidelines. The board, legislative authority, or	20477
department, agency, or instrumentality shall not implement amended	20478
resolutions or guidelines until they are approved by the chief	20479
under this division.	20480

(C) Any person, other than a political subdivision required	20481
to adopt a resolution under division (A) of this section or a	20482
department, agency, or instrumentality of this state or the United	20483
States, who owns or has a legal right or obligation to maintain a	20484
road, street, highway, or other similar land surface may file with	20485
the board of county commissioners a written plan for the	20486
application of brine to the road, street, highway, or other	20487
surface. The board need not approve any such plans, but if it	20488
approves a plan, the plan shall comply with this chapter, rules	20489
adopted thereunder, and the board's resolutions, if any.	20490
Disapproved plans may be revised and resubmitted for the board's	20491
approval. Approved plans may also be revised and submitted to the	20492
board. A plan or revised plan shall do all of the following:	20493

(1) Identify the sources of brine to be used under the plan;

20494

(2) Identify by name, address, and registration certificate,	20495
if applicable, any transporters of the brine;	20496

(3) Specifically identify the places to which the brine will	20497
be applied;	20498

(4) Specifically describe the method, rate, and frequency of	20499
application.	20500

(D) The board may attach terms and conditions to approval of	20501
a plan, or revised plan, and may revoke approval for any violation	20502
of this chapter, rules adopted thereunder, resolutions adopted by	20503
the board, or terms or conditions attached by the board. The board	20504
shall conduct at least one public hearing before approving a plan	20505
or revised plan, publishing notice of the time and place of each	20506
such public hearing in a newspaper of general circulation in the	20507
county at least five days before the day on which the hearing is	20508
to be held. The board shall record the filings of all plans and	20509
revised plans in its journal. The board shall approve, disapprove,	20510
or revoke approval of a plan or revised plan by the adoption of a	20511
resolution. Upon approval of a plan or revised plan, the board	20512
shall send a copy of the plan to the chief. Upon revoking approval	20513
of a plan or revised plan, the board shall notify the chief of the	20514
revocation.	20515

(E) No person shall:

20516

(1) Apply brine to a water-saturated surface;

20517

(2) Apply brine directly to vegetation adjacent to the	20518
surface of roads, streets, highways, and other surfaces to which	20519
brine may be applied.	20520

(F) Each political subdivision that adopts a resolution under	20521
divisions (A) and (B) of this section, each department, agency, or	20522
instrumentality of this state or the United States that submits	20523
guidelines under division (B) of this section, and each person who	20524
files a plan under divisions (C) and (D) of this section shall, on	20525
or before the fifteenth day of April of each year, file a report	20526
with the chief concerning brine applied within the person's or	20527
governmental entity's jurisdiction, including the quantities	20528
transported and the sources and application points during the last	20529
preceding calendar year and such other information in such form as	20530
the chief requires.	20531

(G) Any political subdivision or department, agency, or	20532
instrumentality of this state or the United States that applies	20533
brine under this section may do so with its own personnel,	20534
vehicles, and equipment without registration under or compliance	20535
with section 1509.222 or 1509.223 of the Revised Code and without	20536
the necessity for filing the surety bond or other security	20537
required by section 1509.225 of the Revised Code. However, each	20538
such entity shall legibly identify vehicles used to apply brine	20539
with reflective paint in letters no less than four inches in	20540
height, indicating the word "brine" and that the vehicle is a	20541
vehicle of the political subdivision, department, agency, or	20542
instrumentality. Except as stated in this division, such entities	20543
shall transport brine in accordance with sections 1509.22 to	20544
1509.226 of the Revised Code.	20545

(H) A surface application plan filed for approval under	20546
division (C) of this section shall be accompanied by a	20547
nonrefundable fee of fifty dollars, which shall be credited to the	20548
general fund of the county. An approved plan is valid for one year	20549
from the date of its approval unless it is revoked before that	20550
time. An approved revised plan is valid for the remainder of the	20551
term of the plan it supersedes unless it is revoked before that	20552
time. Any person who has filed such a plan or revised plan and had	20553
it approved may renew it by refiling it in accordance with	20554
divisions (C) and (D) of this section within thirty days before	20555
any anniversary of the date on which the original plan was	20556
approved. The board shall notify the chief of renewals and	20557
nonrenewals of plans. Even if a renewed plan is approved under	20558
those divisions, the plan is not effective until notice is	20559
received by the chief, and until notice is received, the chief	20560
shall enforce this chapter and rules adopted thereunder with	20561
regard to the affected roads, streets, highways, and other similar	20562
land surfaces as if the plan had not been renewed.	20563

(I) A resolution adopted under division (A) of this section	20564
by a board or legislative authority shall be effective for one	20565
year following the date of its adoption and from month to month	20566
thereafter until the board or legislative authority, by	20567
resolution, terminates the authority granted in the original	20568
resolution. The termination shall be effective not less than seven	20569
days after enactment of the resolution, and a copy of the	20570
resolution shall be sent to the chief.	20571

Sec. 1509.23. (A) Rules of the chief of the division of	20572
~~mineral~~oil and gas resources management may specify practices to	20573
be followed in the drilling and treatment of wells, production of	20574
oil and gas, and plugging of wells for protection of public health	20575
or safety or to prevent damage to natural resources, including	20576
specification of the following:	20577

(1) Appropriate devices;

20578

(2) Minimum distances that wells and other excavations,	20579
structures, and equipment shall be located from water wells,	20580
streets, roads, highways, rivers, lakes, streams, ponds, other	20581
bodies of water, railroad tracks, public or private recreational	20582
areas, zoning districts, and buildings or other structures. Rules	20583
adopted under division (A)(2) of this section shall not conflict	20584
with section 1509.021 of the Revised Code.	20585

(3) Other methods of operation;

20586

(4) Procedures, methods, and equipment and other requirements	20587
for equipment to prevent and contain discharges of oil and brine	20588
from oil production facilities and oil drilling and workover	20589
facilities consistent with and equivalent in scope, content, and	20590
coverage to section 311(j)(1)(c) of the "Federal Water Pollution	20591
Control Act Amendments of 1972," 86 Stat. 886, 33 U.S.C.A. 1251,	20592
as amended, and regulations adopted under it. In addition, the	20593
rules may specify procedures, methods, and equipment and other	20594
requirements for equipment to prevent and contain surface and	20595
subsurface discharges of fluids, condensates, and gases.	20596

(5) Notifications.

20597

(B) The chief, in consultation with the emergency response	20598
commission created in section 3750.02 of the Revised Code, shall	20599
adopt rules in accordance with Chapter 119. of the Revised Code	20600
that specify the information that shall be included in an	20601
electronic database that the chief shall create and host. The	20602
information shall be that which the chief considers to be	20603
appropriate for the purpose of responding to emergency situations	20604
that pose a threat to public health or safety or the environment.	20605
At the minimum, the information shall include that which a person	20606
who is regulated under this chapter is required to submit under	20607
the "Emergency Planning and Community Right-To-Know Act of 1986,"	20608
100 Stat. 1728, 42 U.S.C.A. 11001, and regulations adopted under	20609
it.	20610

In addition, the rules shall specify whether and to what	20611
extent the database and the information that it contains will be	20612
made accessible to the public. The rules shall ensure that the	20613
database will be made available via the internet or a system of	20614
computer disks to the emergency response commission and to every	20615
local emergency planning committee and fire department in this	20616
state.	20617

Sec. 1509.24. (A) The chief of the division of ~~mineral~~oil	20618
and gas resources management, with the approval of the technical	20619
advisory council on oil and gas created in section 1509.38 of the	20620
Revised Code, may adopt, amend, or rescind rules relative to	20621
minimum acreage requirements for drilling units and minimum	20622
distances from which a new well may be drilled or an existing well	20623
deepened, plugged back, or reopened to a source of supply	20624
different from the existing pool from boundaries of tracts,	20625
drilling units, and other wells for the purpose of conserving oil	20626
and gas reserves. The rules relative to minimum acreage	20627
requirements for drilling units shall require a drilling unit to	20628
be compact and composed of contiguous land.	20629

(B) Rules adopted under this section and special orders made	20630
under section 1509.25 of the Revised Code shall apply only to new	20631
wells to be drilled or existing wells to be deepened, plugged	20632
back, or reopened to a source of supply different from the	20633
existing pool for the purpose of extracting oil or gas in their	20634
natural state.	20635

Sec. 1509.25. The chief of the division of ~~mineral~~oil and	20636
gas resources management, upon the chief's own motion or upon	20637
application of an owner, may hold a hearing to consider the need	20638
or desirability of adopting a special order for drilling unit	20639
requirements in a particular pool different from those established	20640
under section 1509.24 of the Revised Code. The chief shall notify	20641
every owner of land within the area proposed to be included within	20642
the order, of the date, time, and place of the hearing and the	20643
nature of the order being considered at least thirty days prior to	20644
the date of the hearing. Each application for such an order shall	20645
be accompanied by such information as the chief may request. If	20646
the chief finds that the pool can be defined with reasonable	20647
certainty, that the pool is in the initial state of development,	20648
and that the establishment of such different requirements for	20649
drilling a well on a tract or drilling unit in ~~such~~the pool is	20650
reasonably necessary to protect correlative rights or to provide	20651
effective development, use, or conservation of oil and gas, the	20652
chief, with the written approval of the technical advisory council	20653
on oil and gas created in section 1509.38 of the Revised Code,	20654
shall make a special order designating the area covered by the	20655
order, and specifying the acreage requirements for drilling a well	20656
on a tract or drilling unit in ~~such~~the area, which acreage	20657
requirements shall be uniform for the entire pool. The order shall	20658
specify minimum distances from the boundary of the tract or	20659
drilling unit for the drilling of wells and minimum distances from	20660
other wells and allow exceptions for wells drilled or drilling in	20661
a particular pool at the time of the filing of the application.	20662
The chief may exempt the discovery well from minimum acreage and	20663
distance requirements in the order. After the date of the notice	20664
for a hearing called to make ~~such~~the order, no additional well	20665
shall be commenced in the pool for a period of sixty days or until	20666
an order has been made pursuant to the application, whichever is	20667
earlier. The chief, upon the chief's own motion or upon	20668
application of an owner, after a hearing and with the approval of	20669
the technical advisory council on oil and gas, may include	20670
additional lands determined to be underlaid by a particular pool	20671
or to exclude lands determined not to be underlaid by a particular	20672
pool, and may modify the spacing and acreage requirements of the	20673
order.	20674

Nothing in this section permits the chief to establish	20675
drilling units in a pool by requiring the use of a survey grid	20676
coordinate system with fixed or established unit boundaries.	20677

Sec. 1509.26. The owners of adjoining tracts may agree to	20678
pool ~~such~~the tracts to form a drilling unit that conforms to the	20679
minimum acreage and distance requirements of the division of	20680
~~mineral~~oil and gas resources management under section 1509.24 or	20681
1509.25 of the Revised Code. ~~Such~~The agreement shall be in	20682
writing, a copy of which shall be submitted to the division with	20683
the application for a permit required by section 1509.05 of the	20684
Revised Code. Parties to the agreement shall designate one of	20685
their number as the applicant for ~~such~~the permit.	20686

Sec. 1509.27. If a tract of land is of insufficient size or	20687
shape to meet the requirements for drilling a well thereon as	20688
provided in section 1509.24 or 1509.25 of the Revised Code,	20689
whichever is applicable, and the owner of the tract who also is	20690
the owner of the mineral interest has been unable to form a	20691
drilling unit under agreement as provided in section 1509.26 of	20692
the Revised Code, on a just and equitable basis, such an owner may	20693
make application to the division of ~~mineral~~oil and gas resources	20694
management for a mandatory pooling order.	20695

The application shall include information as shall be	20696
reasonably required by the chief of the division of ~~mineral~~oil	20697
and gas resources management and shall be accompanied by an	20698
application for a permit as required by section 1509.05 of the	20699
Revised Code. The chief shall notify all owners of land within the	20700
area proposed to be included within the drilling unit of the	20701
filing of the application and of their right to a hearing. After	20702
the hearing or after the expiration of thirty days from the date	20703
notice of application was mailed to such owners, the chief, if	20704
satisfied that the application is proper in form and that	20705
mandatory pooling is necessary to protect correlative rights and	20706
to provide effective development, use, and conservation of oil and	20707
gas, shall issue a drilling permit and a mandatory pooling order	20708
complying with the requirements for drilling a well as provided in	20709
section 1509.24 or 1509.25 of the Revised Code, whichever is	20710
applicable. The mandatory pooling order shall:	20711

(A) Designate the boundaries of the drilling unit within	20712
which the well shall be drilled;	20713

(B) Designate the proposed production site;

20714

(C) Describe each separately owned tract or part thereof	20715
pooled by the order;	20716

(D) Allocate on a surface acreage basis a pro rata portion of	20717
the production to the owner of each tract pooled by the order. The	20718
pro rata portion shall be in the same proportion that the	20719
percentage of the owner's acreage is to the state minimum acreage	20720
requirements established in rules adopted under this chapter for a	20721
drilling unit unless the applicant demonstrates to the chief using	20722
geological evidence that the geologic structure containing the oil	20723
or gas is larger than the minimum acreage requirement in which	20724
case the pro rata portion shall be in the same proportion that the	20725
percentage of the owner's acreage is to the geologic structure.	20726

(E) Specify the basis upon which each owner of a tract pooled	20727
by the order shall share all reasonable costs and expenses of	20728
drilling and producing if the owner elects to participate in the	20729
drilling and operation of the well;	20730

(F) Designate the person to whom the permit shall be issued.

20731

A person shall not submit more than five applications for	20732
mandatory pooling orders per year under this section unless	20733
otherwise approved by the chief.	20734

No surface operations or disturbances to the surface of the	20735
land shall occur on a tract pooled by an order without the written	20736
consent of or a written agreement with the owner of the tract that	20737
approves the operations or disturbances.	20738

If an owner of a tract pooled by the order does not elect to	20739
participate in the risk and cost of the drilling and operation of	20740
a well, the owner shall be designated as a nonparticipating owner	20741
in the drilling and operation of the well on a limited or carried	20742
basis and is subject to terms and conditions determined by the	20743
chief to be just and reasonable. In addition, if an owner is	20744
designated as a nonparticipating owner, the owner is not liable	20745
for actions or conditions associated with the drilling or	20746
operation of the well. If the applicant bears the costs of	20747
drilling, equipping, and operating a well for the benefit of a	20748
nonparticipating owner, as provided for in the pooling order, then	20749
the applicant shall be entitled to the share of production from	20750
the drilling unit accruing to the interest of that	20751
nonparticipating owner, exclusive of the nonparticipating owner's	20752
proportionate share of the royalty interest until there has been	20753
received the share of costs charged to that nonparticipating owner	20754
plus such additional percentage of the share of costs as the chief	20755
shall determine. The total amount receivable hereunder shall in no	20756
event exceed two hundred per cent of the share of costs charged to	20757
that nonparticipating owner. After receipt of that share of costs	20758
by such an applicant, a nonparticipating owner shall receive a	20759
proportionate share of the working interest in the well in	20760
addition to a proportionate share of the royalty interest, if any.	20761

If there is a dispute as to costs of drilling, equipping, or	20762
operating a well, the chief shall determine those costs.	20763

Sec. 1509.28. (A) The chief of the division of ~~mineral~~oil	20764
and gas resources management, upon the chief's own motion or upon	20765
application by the owners of sixty-five per cent of the land area	20766
overlying the pool, shall hold a hearing to consider the need for	20767
the operation as a unit of an entire pool or part thereof. An	20768
application by owners shall be accompanied by such information as	20769
the chief may request.	20770

The chief shall make an order providing for the unit	20771
operation of a pool or part thereof if the chief finds that such	20772
operation is reasonably necessary to increase substantially the	20773
ultimate recovery of oil and gas, and the value of the estimated	20774
additional recovery of oil or gas exceeds the estimated additional	20775
cost incident to conducting ~~such~~the operation. The order shall be	20776
upon terms and conditions that are just and reasonable and shall	20777
prescribe a plan for unit operations that shall include:	20778

(1) A description of the unitized area, termed the unit area;

20779

(2) A statement of the nature of the operations contemplated;

20780

(3) An allocation to the separately owned tracts in the unit	20781
area of all the oil and gas that is produced from the unit area	20782
and is saved, being the production that is not used in the conduct	20783
of operations on the unit area or not unavoidably lost. The	20784
allocation shall be in accord with the agreement, if any, of the	20785
interested parties. If there is no such agreement, the chief shall	20786
determine the value, from the evidence introduced at the hearing,	20787
of each separately owned tract in the unit area, exclusive of	20788
physical equipment, for development of oil and gas by unit	20789
operations, and the production allocated to each tract shall be	20790
the proportion that the value of each tract so determined bears to	20791
the value of all tracts in the unit area.	20792

(4) A provision for the credits and charges to be made in the	20793
adjustment among the owners in the unit area for their respective	20794
investments in wells, tanks, pumps, machinery, materials, and	20795
equipment contributed to the unit operations;	20796

(5) A provision providing how the expenses of unit	20797
operations, including capital investment, shall be determined and	20798
charged to the separately owned tracts and how the expenses shall	20799
be paid;	20800

(6) A provision, if necessary, for carrying or otherwise	20801
financing any person who is unable to meet the person's financial	20802
obligations in connection with the unit, allowing a reasonable	20803
interest charge for such service;	20804

(7) A provision for the supervision and conduct of the unit	20805
operations, in respect to which each person shall have a vote with	20806
a value corresponding to the percentage of the expenses of unit	20807
operations chargeable against the interest of ~~such~~that person;	20808

(8) The time when the unit operations shall commence, and the	20809
manner in which, and the circumstances under which, the unit	20810
operations shall terminate;	20811

(9) Such additional provisions as are found to be appropriate	20812
for carrying on the unit operations, and for the protection or	20813
adjustment of correlative rights.	20814

(B) No order of the chief providing for unit operations shall	20815
become effective unless and until the plan for unit operations	20816
prescribed by the chief has been approved in writing by those	20817
owners who, under the chief's order, will be required to pay at	20818
least sixty-five per cent of the costs of the unit operation, and	20819
also by the royalty or, with respect to unleased acreage, fee	20820
owners of sixty-five per cent of the acreage to be included in the	20821
unit. If the plan for unit operations has not been so approved by	20822
owners and royalty owners at the time the order providing for unit	20823
operations is made, the chief shall upon application and notice	20824
hold such supplemental hearings as may be required to determine if	20825
and when the plan for unit operations has been so approved. If the	20826
owners and royalty owners, or either, owning the required	20827
percentage of interest in the unit area do not approve the plan	20828
for unit operations within a period of six months from the date on	20829
which the order providing for unit operations is made, ~~such~~the	20830
order shall cease to be of force and shall be revoked by the	20831
chief.	20832

An order providing for unit operations may be amended by an	20833
order made by the chief, in the same manner and subject to the	20834
same conditions as an original order providing for unit	20835
operations, provided that:	20836

(1) If such an amendment affects only the rights and	20837
interests of the owners, the approval of the amendment by the	20838
royalty owners shall not be required.	20839

(2) No such order of amendment shall change the percentage	20840
for allocation of oil and gas as established for any separately	20841
owned tract by the original order, except with the consent of all	20842
persons owning interest in ~~such~~the tract.	20843

The chief, by an order, may provide for the unit operation of	20844
a pool or a part thereof that embraces a unit area established by	20845
a previous order of the chief. Such an order, in providing for the	20846
allocation of unit production, shall first treat the unit area	20847
previously established as a single tract, and the portion of the	20848
unit production so allocated thereto shall then be allocated among	20849
the separately owned tracts included in ~~such~~the previously	20850
established unit area in the same proportions as those specified	20851
in the previous order.	20852

Oil and gas allocated to a separately owned tract shall be	20853
deemed, for all purposes, to have been actually produced from ~~such~~	20854
the tract, and all operations, including, but not limited to, the	20855
commencement, drilling, operation of, or production from a well	20856
upon any portion of the unit area shall be deemed for all purposes	20857
the conduct of such operations and production from any lease or	20858
contract for lands any portion of which is included in the unit	20859
area. The operations conducted pursuant to the order of the chief	20860
shall constitute a fulfillment of all the express or implied	20861
obligations of each lease or contract covering lands in the unit	20862
area to the extent that compliance with such obligations cannot be	20863
had because of the order of the chief.	20864

Oil and gas allocated to any tract, and the proceeds from the	20865
sale thereof, shall be the property and income of the several	20866
persons to whom, or to whose credit, the same are allocated or	20867
payable under the order providing for unit operations.	20868

No order of the chief or other contract relating to the sale	20869
or purchase of production from a separately owned tract shall be	20870
terminated by the order providing for unit operations, but shall	20871
remain in force and apply to oil and gas allocated to ~~such~~the	20872
tract until terminated in accordance with the provisions thereof.	20873

Except to the extent that the parties affected so agree, no	20874
order providing for unit operations shall be construed to result	20875
in a transfer of all or any part of the title of any person to the	20876
oil and gas rights in any tract in the unit area. All property,	20877
whether real or personal, that may be acquired for the account of	20878
the owners within the unit area shall be the property of such	20879
owners in the proportion that the expenses of unit operations are	20880
charged.	20881

Sec. 1509.29. Upon application by an owner of a tract for	20882
which a drilling permit may not be issued, and a showing by the	20883
owner that the owner is unable to enter a voluntary pooling	20884
agreement and that the owner would be unable to participate under	20885
a mandatory pooling order, the chief of the division of ~~mineral~~	20886
oil and gas resources management shall issue a permit and order	20887
establishing the tract as an exception tract if the chief finds	20888
that ~~such~~the owner would otherwise be precluded from producing	20889
oil or gas from the owner's tract because of minimum acreage or	20890
distance requirements. The order shall set a percentage of the	20891
maximum daily potential production at which the well may be	20892
produced. The percentage shall be the same as the percentage that	20893
the number of acres in the tract bears to the number of acres in	20894
the minimum acreage requirement that has been established under	20895
section 1509.24 or 1509.25 of the Revised Code, whichever is	20896
applicable, but if the well drilled on ~~such~~the tract is located	20897
nearer to the boundary of the tract than the required minimum	20898
distance, the percentage may not exceed the percentage determined	20899
by dividing the distance from the well to the boundary by the	20900
minimum distance requirement. Within ten days after completion of	20901
the well, the maximum daily potential production of the well shall	20902
be determined by such drill stem, open flow, or other tests as may	20903
be required by the chief. The chief shall require such tests, at	20904
least once every three months, as are necessary to determine the	20905
maximum daily potential production at that time.	20906

Sec. 1509.31. (A) Whenever the entire interest of an oil and	20907
gas lease is assigned or otherwise transferred, the assignor or	20908
transferor shall notify the holders of the royalty interests, and,	20909
if a well or wells exist on the lease, the division of ~~mineral~~oil	20910
and gas resources management, of the name and address of the	20911
assignee or transferee by certified mail, return receipt	20912
requested, not later than thirty days after the date of the	20913
assignment or transfer. When notice of any such assignment or	20914
transfer is required to be provided to the division, it shall be	20915
provided on a form prescribed and provided by the division and	20916
verified by both the assignor or transferor and by the assignee or	20917
transferee and shall be accompanied by a nonrefundable fee of one	20918
hundred dollars for each well. The notice form applicable to	20919
assignments or transfers of a well to the owner of the surface	20920
estate of the tract on which the well is located shall contain a	20921
statement informing the landowner that the well may require	20922
periodic servicing to maintain its productivity; that, upon	20923
assignment or transfer of the well to the landowner, the landowner	20924
becomes responsible for compliance with the requirements of this	20925
chapter and rules adopted under it, including, without limitation,	20926
the proper disposal of brine obtained from the well, the plugging	20927
of the well when it becomes incapable of producing oil or gas, and	20928
the restoration of the well site; and that, upon assignment or	20929
transfer of the well to the landowner, the landowner becomes	20930
responsible for the costs of compliance with the requirements of	20931
this chapter and rules adopted under it and the costs for	20932
operating and servicing the well.	20933

(B) When the entire interest of a well is proposed to be	20934
assigned or otherwise transferred to the landowner for use as an	20935
exempt domestic well, the owner who has been issued a permit under	20936
this chapter for the well shall submit to the chief of the	20937
division of oil and gas resources management an application for	20938
the assignment or transfer that contains all documents that the	20939
chief requires and a nonrefundable fee of one hundred dollars. The	20940
application for such an assignment or transfer shall be prescribed	20941
and provided by the chief. The chief may approve the application	20942
if the application is accompanied by a release of all of the oil	20943
and gas leases that are included in the applicable formation of	20944
the drilling unit, the release is in a form such that the well	20945
ownership merges with the fee simple interest of the surface	20946
tract, and the release is in a form that may be recorded. However,	20947
if the owner of the well does not release the oil and gas leases	20948
associated with the well that is proposed to be assigned or	20949
otherwise transferred or if the fee simple tract that results from	20950
the merger of the well ownership with the fee simple interest of	20951
the surface tract is less than five acres, the proposed exempt	20952
domestic well owner shall post a five thousand dollar bond with	20953
the division ~~of mineral resources management~~ prior to the	20954
assignment or transfer of the well to ensure that the well will be	20955
properly plugged. The chief, for good cause, may modify the	20956
requirements of this section governing the assignment or transfer	20957
of the interests of a well to the landowner. Upon the assignment	20958
or transfer of the well, the owner of an exempt domestic well is	20959
not subject to the severance tax levied under section 5749.02 of	20960
the Revised Code, but is subject to all applicable fees	20961
established in this chapter.	20962

(C) The owner holding a permit under section 1509.05 of the	20963
Revised Code is responsible for all obligations and liabilities	20964
imposed by this chapter and any rules, orders, and terms and	20965
conditions of a permit adopted or issued under it, and no	20966
assignment or transfer by the owner relieves the owner of the	20967
obligations and liabilities until and unless the assignee or	20968
transferee files with the division the information described in	20969
divisions (A)(1), (2), (3), (4), (5), (10), (11), and (12) of	20970
section 1509.06 of the Revised Code; obtains liability insurance	20971
coverage required by section 1509.07 of the Revised Code, except	20972
when none is required by that section; and executes and files a	20973
surety bond, negotiable certificates of deposit or irrevocable	20974
letters of credit, or cash, as described in that section. Instead	20975
of a bond, but only upon acceptance by the chief ~~of the division~~	20976
~~of mineral resources management~~, the assignee or transferee may	20977
file proof of financial responsibility, described in section	20978
1509.07 of the Revised Code. Section 1509.071 of the Revised Code	20979
applies to the surety bond, cash, and negotiable certificates of	20980
deposit and irrevocable letters of credit described in this	20981
section. Unless the chief approves a modification, each assignee	20982
or transferee shall operate in accordance with the plans and	20983
information filed by the permit holder pursuant to section 1509.06	20984
of the Revised Code.	20985

(D) If a mortgaged property that is being foreclosed is	20986
subject to an oil or gas lease, pipeline agreement, or other	20987
instrument related to the production or sale of oil or natural gas	20988
and the lease, agreement, or other instrument was recorded	20989
subsequent to the mortgage, and if the lease, agreement, or other	20990
instrument is not in default, the oil or gas lease, pipeline	20991
agreement, or other instrument, as applicable, has priority over	20992
all other liens, claims, or encumbrances on the property so that	20993
the oil or gas lease, pipeline agreement, or other instrument is	20994
not terminated or extinguished upon the foreclosure sale of the	20995
mortgaged property. If the owner of the mortgaged property was	20996
entitled to oil and gas royalties before the foreclosure sale, the	20997
oil or gas royalties shall be paid to the purchaser of the	20998
foreclosed property.	20999

Sec. 1509.32. Any person adversely affected may file with	21000
the chief of the division of ~~mineral~~oil and gas resources	21001
management a written complaint alleging failure to restore	21002
disturbed land surfaces in violation of section 1509.072 or	21003
1509.22 of the Revised Code or a rule adopted thereunder.	21004

Upon receipt of a complaint, the chief shall cause an	21005
investigation to be made of the lands where the alleged violation	21006
has occurred and send copies of the investigation report to the	21007
person who filed the complaint and to the owner. Upon finding a	21008
violation the chief shall order the owner to eliminate the	21009
violation within a specified time. If the owner fails to eliminate	21010
the violation within the time specified, the chief may request the	21011
prosecuting attorney of the county in which the violation occurs	21012
or the attorney general to bring appropriate action to secure	21013
compliance with ~~such~~those sections. If the chief fails to bring	21014
an appropriate action to secure compliance with ~~such~~those	21015
sections within twenty days after the time specified, the person	21016
filing the complaint may request the prosecuting attorney of the	21017
county in which the violation occurs to bring an appropriate	21018
action to secure compliance with ~~such~~those sections. The division	21019
of ~~mineral~~oil and gas resources management may cooperate with any	21020
state or local agency to provide technical advice or minimum	21021
standards for the restoration of various soils and land surfaces	21022
or to assist in any investigation.	21023

Sec. 1509.33. (A) Whoever violates sections 1509.01 to	21024
1509.31 of the Revised Code, or any rules adopted or orders or	21025
terms or conditions of a permit or registration certificate issued	21026
pursuant to these sections for which no specific penalty is	21027
provided in this section, shall pay a civil penalty of not more	21028
than four thousand dollars for each offense.	21029

(B) Whoever violates section 1509.221 of the Revised Code or	21030
any rules adopted or orders or terms or conditions of a permit	21031
issued thereunder shall pay a civil penalty of not more than two	21032
thousand five hundred dollars for each violation.	21033

(C) Whoever violates division (D) of section 1509.22 or	21034
division (A)(1) of section 1509.222 of the Revised Code shall pay	21035
a civil penalty of not less than two thousand five hundred dollars	21036
nor more than twenty thousand dollars for each violation.	21037

(D) Whoever violates division (A) of section 1509.22 of the	21038
Revised Code shall pay a civil penalty of not less than two	21039
thousand five hundred dollars nor more than ten thousand dollars	21040
for each violation.	21041

(E) Whoever violates division (A) of section 1509.223 of the	21042
Revised Code shall pay a civil penalty of not more than ten	21043
thousand dollars for each violation.	21044

(F) Whoever violates section 1509.072 of the Revised Code or	21045
any rules adopted or orders issued to administer, implement, or	21046
enforce that section shall pay a civil penalty of not more than	21047
five thousand dollars for each violation.	21048

(G) In addition to any other penalties provided in this	21049
chapter, whoever violates division (B) of section 1509.22 or	21050
division (A)(1) of section 1509.222 or knowingly violates division	21051
(A) of section 1509.223 of the Revised Code is liable for any	21052
damage or injury caused by the violation and for the cost of	21053
rectifying the violation and conditions caused by the violation.	21054
If two or more persons knowingly violate one or more of ~~such~~those	21055
divisions in connection with the same event, activity, or	21056
transaction, they are jointly and severally liable under this	21057
division.	21058

(H) The attorney general, upon the request of the chief of	21059
the division of ~~mineral~~oil and gas resources management, shall	21060
commence an action under this section against any person who	21061
violates sections 1509.01 to 1509.31 of the Revised Code, or any	21062
rules adopted or orders or terms or conditions of a permit or	21063
registration certificate issued pursuant to these sections. Any	21064
action under this section is a civil action, governed by the Rules	21065
of Civil Procedure and other rules of practice and procedure	21066
applicable to civil actions. The remedy provided in this division	21067
is cumulative and concurrent with any other remedy provided in	21068
this chapter, and the existence or exercise of one remedy does not	21069
prevent the exercise of any other, except that no person shall be	21070
subject to both a civil penalty under division (A), (B), (C), or	21071
(D) of this section and a criminal penalty under section 1509.99	21072
of the Revised Code for the same offense.	21073

Sec. 1509.34. (A)(1) If an owner fails to pay the fees	21074
imposed by this chapter, or if the chief of the division of	21075
~~mineral~~oil and gas resources management incurs costs under	21076
division (E) of section 1509.071 of the Revised Code to correct	21077
conditions associated with the owner's well that the chief	21078
reasonably has determined are causing imminent health or safety	21079
risks, the division of ~~mineral~~oil and gas resources management	21080
shall have a priority lien against that owner's interest in the	21081
applicable well in front of all other creditors for the amount of	21082
any such unpaid fees and costs incurred. The chief shall file a	21083
statement in the office of the county recorder of the county in	21084
which the applicable well is located of the amount of the unpaid	21085
fees and costs incurred as described in this division. The	21086
statement shall constitute a lien on the owner's interest in the	21087
well as of the date of the filing. The lien shall remain in force	21088
so long as any portion of the lien remains unpaid or until the	21089
chief issues a certificate of release of the lien. If the chief	21090
issues a certificate of release of the lien, the chief shall file	21091
the certificate of release in the office of the applicable county	21092
recorder.	21093

(2) A lien imposed under division (A)(1) of this section	21094
shall be in addition to any lien imposed by the attorney general	21095
for failure to pay the assessment imposed by section 1509.50 of	21096
the Revised Code or the tax levied under division (A)(5) or (6) of	21097
section 5749.02 of the Revised Code, as applicable.	21098

(3) If the attorney general cannot collect from a severer or	21099
an owner for an outstanding balance of amounts due under section	21100
1509.50 of the Revised Code or of unpaid taxes levied under	21101
division (A)(5) or (6) of section 5749.02 of the Revised Code, as	21102
applicable, the tax commissioner may request the chief to impose a	21103
priority lien against the owner's interest in the applicable well.	21104
Such a lien has priority in front of all other creditors.	21105

(B) The chief promptly shall issue a certificate of release	21106
of a lien under either of the following circumstances:	21107

(1) Upon the repayment in full of the amount of unpaid fees	21108
imposed by this chapter or costs incurred by the chief under	21109
division (E) of section 1509.071 of the Revised Code to correct	21110
conditions associated with the owner's well that the chief	21111
reasonably has determined are causing imminent health or safety	21112
risks;	21113

(2) Any other circumstance that the chief determines to be in	21114
the best interests of the state.	21115

(C) The chief may modify the amount of a lien under this	21116
section. If the chief modifies a lien, the chief shall file a	21117
statement in the office of the county recorder of the applicable	21118
county of the new amount of the lien.	21119

(D) An owner regarding which the division has recorded a lien	21120
against the owner's interest in a well in accordance with this	21121
section shall not transfer a well, lease, or mineral rights to	21122
another owner or person until the chief issues a certificate of	21123
release for each lien against the owner's interest in the well.	21124

(E) All money from the collection of liens under this section	21125
shall be deposited in the state treasury to the credit of the oil	21126
and gas well fund created in section 1509.02 of the Revised Code.	21127

Sec. 1509.36. Any person adversely affected by an order by	21128
the chief of the division of ~~mineral~~oil and gas resources	21129
management may appeal to the oil and gas commission for an order	21130
vacating or modifying the order.	21131

The person so appealing to the commission shall be known as	21132
appellant and the chief shall be known as appellee. Appellant and	21133
appellee shall be deemed to be parties to the appeal.	21134

The appeal shall be in writing and shall set forth the order	21135
complained of and the grounds upon which the appeal is based. The	21136
appeal shall be filed with the commission within thirty days after	21137
the date upon which the appellant received notice by certified	21138
mail and, for all other persons adversely affected by the order,	21139
within thirty days after the date of the order complained of.	21140
Notice of the filing of the appeal shall be filed with the chief	21141
within three days after the appeal is filed with the commission.	21142

Upon the filing of the appeal the commission promptly shall	21143
fix the time and place at which the hearing on the appeal will be	21144
held, and shall give the appellant and the chief at least ten	21145
days' written notice thereof by mail. The commission may postpone	21146
or continue any hearing upon its own motion or upon application of	21147
the appellant or of the chief.	21148

The filing of an appeal provided for in this section does not	21149
automatically suspend or stay execution of the order appealed	21150
from, but upon application by the appellant the commission may	21151
suspend or stay the execution pending determination of the appeal	21152
upon such terms as the commission considers proper.	21153

Either party to the appeal or any interested person who,	21154
pursuant to commission rules has been granted permission to	21155
appear, may submit such evidence as the commission considers	21156
admissible.	21157

For the purpose of conducting a hearing on an appeal, the	21158
commission may require the attendance of witnesses and the	21159
production of books, records, and papers, and it may, and at the	21160
request of any party it shall, issue subpoenas for witnesses or	21161
subpoenas duces tecum to compel the production of any books,	21162
records, or papers, directed to the sheriffs of the counties where	21163
the witnesses are found. The subpoenas shall be served and	21164
returned in the same manner as subpoenas in criminal cases are	21165
served and returned. The fees of sheriffs shall be the same as	21166
those allowed by the court of common pleas in criminal cases.	21167
Witnesses shall be paid the fees and mileage provided for under	21168
section 119.094 of the Revised Code. Such fees and mileage	21169
expenses incurred at the request of appellant shall be paid in	21170
advance by the appellant, and the remainder of those expenses	21171
shall be paid out of funds appropriated for the expenses of the	21172
division of ~~mineral~~oil and gas resources management.	21173

In case of disobedience or neglect of any subpoena served on	21174
any person, or the refusal of any witness to testify to any matter	21175
regarding which the witness may be lawfully interrogated, the	21176
court of common pleas of the county in which the disobedience,	21177
neglect, or refusal occurs, or any judge thereof, on application	21178
of the commission or any member thereof, shall compel obedience by	21179
attachment proceedings for contempt as in the case of disobedience	21180
of the requirements of a subpoena issued from that court or a	21181
refusal to testify therein. Witnesses at such hearings shall	21182
testify under oath, and any member of the commission may	21183
administer oaths or affirmations to persons who so testify.	21184

At the request of any party to the appeal, a stenographic or	21185
electronic record of the testimony and other evidence submitted	21186
shall be taken by an official court ~~shorthand~~ reporter at the	21187
expense of the party making the request ~~therefor~~for the record.	21188
The record shall include all of the testimony and other evidence	21189
and the rulings on the admissibility thereof presented at the	21190
hearing. The commission shall pass upon the admissibility of	21191
evidence, but any party may at the time object to the admission of	21192
any evidence and except to the rulings of the commission thereon,	21193
and if the commission refuses to admit evidence the party offering	21194
same may make a proffer thereof, and such proffer shall be made a	21195
part of the record of the hearing.	21196

If upon completion of the hearing the commission finds that	21197
the order appealed from was lawful and reasonable, it shall make a	21198
written order affirming the order appealed from; if the commission	21199
finds that the order was unreasonable or unlawful, it shall make a	21200
written order vacating the order appealed from and making the	21201
order that it finds the chief should have made. Every order made	21202
by the commission shall contain a written finding by the	21203
commission of the facts upon which the order is based.	21204

Notice of the making of the order shall be given forthwith to	21205
each party to the appeal by mailing a certified copy thereof to	21206
each such party by certified mail.	21207

The order of the commission is final unless vacated by the	21208
court of common pleas of Franklin county in an appeal as provided	21209
for in section 1509.37 of the Revised Code. Sections 1509.01 to	21210
1509.37 of the Revised Code, providing for appeals relating to	21211
orders by the chief or by the commission, or relating to rules	21212
adopted by the chief, do not constitute the exclusive procedure	21213
that any person who believes the person's rights to be unlawfully	21214
affected by those sections or any official action taken thereunder	21215
must pursue in order to protect and preserve those rights, nor do	21216
those sections constitute a procedure that that person must pursue	21217
before that person may lawfully appeal to the courts to protect	21218
and preserve those rights.	21219

Sec. 1509.38. There is hereby created in the division of	21220
~~mineral~~oil and gas resources management a technical advisory	21221
council on oil and gas, which shall consist of eight members to be	21222
appointed by the governor with the advice and consent of the	21223
senate. Three members shall be independent oil or gas producers,	21224
operators, or their representatives, operating and producing	21225
primarily in this state, three members shall be oil or gas	21226
producers, operators, or their representatives having substantial	21227
oil and gas producing operations in this state and at least one	21228
other state, one member shall represent the public, and one member	21229
shall represent persons having landowners' royalty interests in	21230
oil and gas production. All members shall be residents of this	21231
state, and all members, except the members representing the public	21232
and persons having landowners' royalty interests, shall have at	21233
least five years of practical or technical experience in oil or	21234
gas drilling and production. Not more than one member may	21235
represent any one company, producer, or operator.	21236

Terms of office shall be for three years, commencing on the	21237
first day of February and ending on the thirty-first day of	21238
January. Each member shall hold office from the date of	21239
appointment until the end of the term for which the member was	21240
appointed. A vacancy in the office of a member shall be filled by	21241
the governor, with the advice and consent of the senate. Any	21242
member appointed to fill a vacancy occurring prior to the	21243
expiration of the term for which the member's predecessor was	21244
appointed shall hold office for the remainder of that term. Any	21245
member shall continue in office subsequent to the expiration date	21246
of the member's term until the member's successor takes office, or	21247
until a period of sixty days has elapsed, whichever occurs first.	21248

The council shall select from among its members a	21249
chairperson, a vice-chairperson, and a secretary. All members are	21250
entitled to their actual and necessary expenses incurred in the	21251
performance of their duties as members, payable from the	21252
appropriations for the division.	21253

The governor may remove any member for inefficiency, neglect	21254
of duty, or malfeasance in office.	21255

The council shall hold at least one regular meeting in each	21256
quarter of a calendar year and shall keep a record of its	21257
proceedings. Special meetings may be called by the chairperson and	21258
shall be called by the chairperson upon receipt of a written	21259
request signed by two or more members of the council. A written	21260
notice of the time and place of each meeting shall be sent to each	21261
member of the council. Five members constitute a quorum, and no	21262
action of the council is valid unless five members concur.	21263

The council, when requested by the chief of the division of	21264
~~mineral~~oil and gas resources management, shall consult with and	21265
advise the chief and perform other duties that may be lawfully	21266
delegated to it by the chief. The council may participate in	21267
hearings held by the chief under this chapter and has powers of	21268
approval as provided in sections 1509.24 and 1509.25 of the	21269
Revised Code. The council shall conduct the activities required,	21270
and exercise the authority granted, under Chapter 1510. of the	21271
Revised Code.	21272

The council, upon receiving a request from the chairperson of	21273
the oil and gas commission under division (C) of section 1509.35	21274
of the Revised Code, immediately shall prepare and provide to the	21275
chairperson a list of its members who may serve as temporary	21276
members of the oil and gas commission as provided in that	21277
division.	21278

Sec. 1509.40. Except as provided in section 1509.29 of the	21279
Revised Code, no authority granted in this chapter shall be	21280
construed as authorizing a limitation on the amount that any well,	21281
leasehold, or field is permitted to produce under proration orders	21282
of the division of ~~mineral~~oil and gas resources management.	21283

Sec. 1509.50. (A) An oil and gas regulatory cost recovery	21284
assessment is hereby imposed by this section on an owner. An owner	21285
shall pay the assessment in the same manner as a severer who is	21286
required to file a return under section 5749.06 of the Revised	21287
Code. However, an owner may designate a severer who shall pay the	21288
owner's assessment on behalf of the owner on the return that the	21289
severer is required to file under that section. If a severer so	21290
pays an owner's assessment, the severer may recoup from the owner	21291
the amount of the assessment. Except for an exempt domestic well,	21292
the assessment imposed shall be in addition to the taxes levied on	21293
the severance of oil and gas under section 5749.02 of the Revised	21294
Code.	21295

(B)(1) Except for an exempt domestic well, the oil and gas	21296
regulatory cost recovery assessment shall be calculated on a	21297
quarterly basis and shall be one of the following:	21298

(a) If the sum of ten cents per barrel of oil for all of the	21299
wells of the owner, one-half of one cent per one thousand cubic	21300
feet of natural gas for all of the wells of the owner, and the	21301
amount of the severance tax levied on each severer for all of the	21302
wells of the owner under divisions (A)(5) and (6) of section	21303
5749.02 of the Revised Code, as applicable, is greater than the	21304
sum of fifteen dollars for each well owned by the owner, the	21305
amount of the assessment is the sum of ten cents per barrel of oil	21306
for all of the wells of the owner and one-half of one cent per one	21307
thousand cubic feet of natural gas for all of the wells of the	21308
owner.	21309

(b) If the sum of ten cents per barrel of oil for all of the	21310
wells of the owner, one-half of one cent per one thousand cubic	21311
feet of natural gas for all of the wells of the owner, and the	21312
amount of the severance tax levied on each severer for all of the	21313
wells of the owner under divisions (A)(5) and (6) of section	21314
5749.02 of the Revised Code, as applicable, is less than the sum	21315
of fifteen dollars for each well owned by the owner, the amount of	21316
the assessment is the sum of fifteen dollars for each well owned	21317
by the owner less the amount of the tax levied on each severer for	21318
all of the wells of the owner under divisions (A)(5) and (6) of	21319
section 5749.02 of the Revised Code, as applicable.	21320

(2) The oil and gas regulatory cost recovery assessment for a	21321
well that becomes an exempt domestic well on and after ~~the~~	21322
~~effective date of this section~~June 30, 2010, shall be sixty	21323
dollars to be paid to the division of ~~mineral~~oil and gas	21324
resources management on the first day of July of each year.	21325

(C) All money collected pursuant to this section shall be	21326
deposited in the state treasury to the credit of the oil and gas	21327
well fund created in section 1509.02 of the Revised Code.	21328

(D) Except for purposes of revenue distribution as specified	21329
in division (B) of section 5749.02 of the Revised Code, the oil	21330
and gas regulatory cost recovery assessment imposed by this	21331
section shall be treated the same and equivalent for all purposes	21332
as the taxes levied on the severance of oil and gas under that	21333
section. However, the assessment imposed by this section is not a	21334
tax under Chapter 5749. of the Revised Code.	21335

Sec. 1510.01. As used in this chapter:

21336

(A) "First purchaser" means:

21337

(1) With regard to crude oil, the person to whom title first	21338
is transferred beyond the gathering tank or tanks, beyond the	21339
facility from which the crude oil was first produced, or both;	21340

(2) With regard to natural gas, the person to whom title	21341
first is transferred beyond the inlet side of the measurement	21342
station from which the natural gas was first produced.	21343

(B) "Independent producer" means a person who complies with	21344
both of the following:	21345

(1) Produces oil or natural gas and is not engaged in	21346
refining either product;	21347

(2) Derives a majority of income from ownership in properties	21348
producing oil or natural gas.	21349

(C) "Qualified independent producer association" means an	21350
association that complies with all of the following:	21351

(1) It is in existence on December 18, 1997.

21352

(2) It is organized and operating within this state.

21353

(3) A majority of the members of its governing body are	21354
independent producers.	21355

(D) "Technical advisory council" or "council" means the	21356
technical advisory council created in the division of ~~mineral~~oil	21357
and gas resources management under section 1509.38 of the Revised	21358
Code.	21359

Sec. 1510.08. (A)(1) Except as provided in division (A)(2)	21360
of this section, an operating committee may levy assessments on	21361
the production of oil and natural gas in this state for the	21362
purposes of a marketing program established under this chapter.	21363

(2) An operating committee shall not levy an assessment that	21364
was not approved by independent producers or that exceeds the	21365
amount authorized under division (B)(1) of section 1510.04 of the	21366
Revised Code. An operating committee shall not levy an assessment	21367
against an independent producer who is not eligible to vote in a	21368
referendum for the marketing program that the operating committee	21369
administers, as determined under division (C) of section 1510.02	21370
of the Revised Code.	21371

(B) The technical advisory council may require a first	21372
purchaser to withhold assessments from any amounts that the first	21373
purchaser owes to independent producers and, notwithstanding	21374
division (A)(2) of this section, to remit them to the chairperson	21375
of the council at the office of the division of ~~mineral~~oil and	21376
gas resources management. A first purchaser who pays an assessment	21377
that is levied pursuant to this section for an independent	21378
producer may deduct the amount of the assessment from any moneys	21379
that the first purchaser owes the independent producer.	21380

(C) A marketing program shall require a refund of assessments	21381
collected under this section after receiving an application for a	21382
refund from an independent producer. An application for a refund	21383
shall be made on a form furnished by the council. The operating	21384
committee shall ensure that refund forms are available where	21385
assessments for its program are withheld.	21386

An independent producer who desires a refund shall submit a	21387
request for a refund not later than the thirty-first day of March	21388
of the year in which the request is submitted. The council shall	21389
refund the assessment to the independent producer not later than	21390
the thirtieth day of June of the year in which the request for the	21391
refund is submitted.	21392

(D) An operating committee shall not use moneys from any	21393
assessments that it levies for any political or legislative	21394
purpose or for preferential treatment of one person to the	21395
detriment of another person who is affected by the marketing	21396
program that the operating committee administers.	21397

Sec. 1515.14. Within the limits of funds appropriated to the	21398
department of natural resources and the soil and water	21399
conservation district assistance fund created in this section,	21400
there shall be paid in each calendar year to each local soil and	21401
water conservation district an amount not to exceed one dollar for	21402
each one dollar received in accordance with section 1515.10 of the	21403
Revised Code, received from tax levies in excess of the ten-mill	21404
levy limitation approved for the benefit of local soil and water	21405
conservation districts, or received from an appropriation by a	21406
municipal corporation or a township to a maximum of eight thousand	21407
dollars, provided that the Ohio soil and water conservation	21408
commission may approve payment to a district in an amount in	21409
excess of eight thousand dollars in any calendar year upon receipt	21410
of a request and justification from the district. The county	21411
auditor shall credit such payments to the special fund established	21412
pursuant to section 1515.10 of the Revised Code for the local soil	21413
and water conservation district. The department may make advances	21414
at least quarterly to each district on the basis of the estimated	21415
contribution of the state to each district. Moneys received by	21416
each district shall be expended for the purposes of the district.	21417

For the purpose of providing money to soil and water	21418
conservation districts under this section, there is hereby created	21419
in the state treasury the soil and water conservation district	21420
assistance fund consisting of money credited to it under sections	21421
3714.073 and 3734.901 and division (A)~~(5)~~(4) of section 3734.57 of	21422
the Revised Code.	21423

Sec. 1517.02. There is hereby created in the department of	21424
natural resources the division of natural areas and preserves,	21425
which shall be administered by the chief of the division of	21426
natural areas and preserves. The chief shall take an oath of	21427
office and shall file in the office of the secretary of state a	21428
bond signed by the chief and by a surety approved by the governor	21429
for a sum fixed pursuant to section 121.11 of the Revised Code.	21430

The chief shall administer a system of nature preserves. The	21431
chief shall establish a system of nature preserves through	21432
acquisition and dedication of natural areas of state or national	21433
significance, which shall include, but not be limited to, areas	21434
that represent characteristic examples of Ohio's natural landscape	21435
types and its natural vegetation and geological history. The chief	21436
shall encourage landowners to dedicate areas of unusual	21437
significance as nature preserves, and shall establish and maintain	21438
a registry of natural areas of unusual significance.	21439

The chief may participate in watershed planning activities	21440
with other states or federal agencies.	21441

The chief shall do the following:

21442

(A) Formulate policies and plans for the acquisition, use,	21443
management, and protection of nature preserves;	21444

(B) Formulate policies for the selection of areas suitable	21445
for registration;	21446

(C) Formulate policies for the dedication of areas as nature	21447
preserves;	21448

(D) Prepare and maintain surveys and inventories of natural	21449
areas, rare and endangered species of plants and animals, and	21450
other unique natural features. The information shall be ~~stored~~	21451
entered in the Ohio natural heritage database, established	21452
~~pursuant to this division, and may be made available to any~~	21453
~~individual or private or public agency for research, educational,~~	21454
~~environmental, land management, or other similar purposes that are~~	21455
~~not detrimental to the conservation of a species or feature.~~	21456
~~Information regarding sensitive site locations of species that are~~	21457
~~listed pursuant to section 1518.01 of the Revised Code and of~~	21458
~~unique natural features that are included in the Ohio natural~~	21459
~~heritage database is not subject to section 149.43 of the Revised~~	21460
~~Code if the chief determines that the release of the information~~	21461
~~could be detrimental to the conservation of a species or unique~~	21462
~~natural feature~~under section 1531.04 of the Revised Code.	21463

(E) Adopt rules for the use, visitation, and protection of	21464
nature preserves and natural areas owned or managed through	21465
easement, license, or lease by the department and administered by	21466
the division in accordance with Chapter 119. of the Revised Code;	21467

(F) Provide facilities and improvements within the state	21468
system of nature preserves that are necessary for their	21469
visitation, use, restoration, and protection and do not impair	21470
their natural character;	21471

(G) Provide interpretive programs and publish and disseminate	21472
information pertaining to nature preserves and natural areas for	21473
their visitation and use;	21474

(H) Conduct and grant permits to qualified persons for the	21475
conduct of scientific research and investigations within nature	21476
preserves;	21477

(I) Establish an appropriate system for marking nature	21478
preserves;	21479

(J) Publish and submit to the governor and the general	21480
assembly a biennial report of the status and condition of each	21481
nature preserve, activities conducted within each preserve, and	21482
plans and recommendations for natural area preservation.	21483

Sec. 1531.04. The division of wildlife, at the direction of	21484
the chief of the division, shall do all of the following:	21485

(A) Plan, develop, and institute programs and policies based	21486
on the best available information, including biological	21487
information derived from professionally accepted practices in	21488
wildlife and fisheries management, with the approval of the	21489
director of natural resources;	21490

(B) Have and take the general care, protection, and	21491
supervision of the wildlife in the state parks known as Lake St.	21492
Marys, The Portage Lakes, Lake Loramie, Indian Lake, Buckeye Lake,	21493
Guilford Lake, such part of Pymatuning reservoir as lies in this	21494
state, and all other state parks and lands owned by the state or	21495
in which it is interested or may acquire or become interested,	21496
except lands and lakes the care and supervision of which are	21497
vested in some other officer, body, board, association, or	21498
organization;	21499

(C) Enforce by proper legal action or proceeding the laws of	21500
the state and division rules for the protection, preservation,	21501
propagation, and management of wild animals and sanctuaries and	21502
refuges for the propagation of those wild animals, and adopt and	21503
carry into effect such measures as it considers necessary in the	21504
performance of its duties;	21505

(D) Promote, educate, and inform the citizens of the state	21506
about conservation and the values of fishing, hunting, and	21507
trapping, with the approval of the director;	21508

(E) Prepare and maintain surveys and inventories of rare and	21509
endangered species of plants and animals and other unique natural	21510
features. The information shall be stored in the Ohio natural	21511
heritage database, established pursuant to this division, and may	21512
be made available to any individual or private or public agency	21513
for research, educational, environmental, land management, or	21514
other similar purposes that are not detrimental to the	21515
conservation of a species or feature. Information regarding	21516
sensitive site locations of species that are listed pursuant to	21517
section 1518.01 of the Revised Code and of unique natural features	21518
that are included in the Ohio natural heritage database is not	21519
subject to section 149.43 of the Revised Code if the chief	21520
determines that the release of the information could be	21521
detrimental to the conservation of a species or unique natural	21522
feature.	21523

Sec. 1541.03. All lands and waters dedicated and set apart	21524
for state park purposes shall be under the control and management	21525
of the division of parks and recreation, which shall protect,	21526
maintain, and keep them in repair. The division shall have the	21527
following powers over all such lands and waters:	21528

(A) To make alterations and improvements;

21529

(B) To construct and maintain dikes, wharves, landings,	21530
docks, dams, and other works;	21531

(C) To construct and maintain roads and drives in, around,	21532
upon, and to the lands and waters to make them conveniently	21533
accessible and useful to the public;	21534

(D) Except as otherwise provided in this section, to adopt,	21535
amend, and rescind, in accordance with Chapter 119. of the Revised	21536
Code, rules necessary for the proper management of state parks,	21537
bodies of water, and the lands adjacent to them under its	21538
jurisdiction and control, including the following:	21539

(1) Governing opening and closing times and dates of the	21540
parks;	21541

(2) Establishing fees and charges for use of facilities in	21542
state parks;	21543

(3) Governing camps, camping, and fees for camps and camping;

21544

(4) Governing the application for and rental of, rental fees	21545
for, and the use of cottages;	21546

(5) Relating to public use of state park lands, and governing	21547
the operation of motor vehicles, including speeds, and parking on	21548
those lands;	21549

(6) Governing all advertising within state parks and the	21550
requirements for the operation of places selling tangible personal	21551
property and control of food service sales on lands and waters	21552
under the control of the division, which rules shall establish	21553
uniform requirements;	21554

(7) Providing uniform standards relating to the size, type,	21555
location, construction, and maintenance of structures and devices	21556
used for fishing or moorage of watercraft, rowboats, sailboats,	21557
and powercraft, as those terms are defined in section 1547.01 of	21558
the Revised Code, over waters under the control of the division	21559
and establishing reasonable fees for the construction of and	21560
annual use permits for those structures and devices;	21561

(8) Governing state beaches, swimming, inflatable devices,	21562
and fees for them;	21563

(9) Governing the removal and disposition of any watercraft,	21564
rowboat, sailboat, or powercraft, as those terms are defined in	21565
section 1547.01 of the Revised Code, left unattended for more than	21566
seven days on any lands or waters under the control of the	21567
division;	21568

(10) Governing the establishment and collection of check	21569
collection charges for checks that are returned to the division or	21570
dishonored for any reason.	21571

(E) To coordinate and plan trails in accordance with section	21572
1519.03 of the Revised Code;	21573

(F) To cooperate with the United States and agencies of it	21574
and with political subdivisions in administering federal	21575
recreation moneys under the "Land and Water Conservation Fund Act	21576
of 1965," 78 Stat. 897, 16 U.S.C. 4601-8, as amended; prepare and	21577
distribute the statewide comprehensive outdoor recreation plan;	21578
and administer the state recreational vehicle fund created in	21579
section 4519.11 of the Revised Code;	21580

(G) To administer any state or federally funded grant program	21581
that is related to natural resources and recreation as considered	21582
necessary by the director of natural resources;	21583

(H) To assist the department of natural resources and its	21584
divisions by providing department-wide planning, capital	21585
improvements planning, and special purpose planning.	21586

With the approval of the director, the chief of the division	21587
of parks and recreation may enter into contracts or agreements	21588
with any agency of the United States government, any other public	21589
agency, or any private entity or organization for the performance	21590
of the duties of the division.	21591

The chief may sell, lease, or transfer minerals or mineral	21592
rights, with the approval of the director of natural resources,	21593
when the chief and the director determine it to be in the best	21594
interest of the state. Upon approval of the director, the chief	21595
may make, execute, and deliver contracts, including leases, to	21596
drill for oil and natural gas on and under lands owned by the	21597
state and administered by the division to any person who complies	21598
with the terms of such a contract. No such contract shall be valid	21599
for more than fifty years from its effective date. Consideration	21600
for minerals and mineral rights shall be by rental or royalty	21601
basis as prescribed by the chief and payable as prescribed by	21602
contract. Money collected from rentals shall be paid into the	21603
state treasury to the credit of the state park fund created in	21604
section 1541.22 of the Revised Code. Money collected from	21605
royalties shall be paid into the parks mineral royalties trust	21606
fund created in section 1541.25 of the Revised Code.	21607

The division shall adopt rules under this section	21608
establishing a discount program for all persons who are issued a	21609
golden buckeye card under section 173.06 of the Revised Code. The	21610
discount program shall provide a discount for all park services	21611
and rentals, but shall not provide a discount for the purchase of	21612
merchandise.	21613

The division shall not adopt rules establishing fees or	21614
charges for parking a motor vehicle in a state park or for	21615
admission to a state park.	21616

Every resident of this state with a disability that has been	21617
determined by the veterans administration to be permanently and	21618
totally disabling, who receives a pension or compensation from the	21619
veterans administration, and who received an honorable discharge	21620
from the armed forces of the United States, and every veteran to	21621
whom the registrar of motor vehicles has issued a set of license	21622
plates under section 4503.41 of the Revised Code, shall be exempt	21623
from the fees for camping, provided that the resident or veteran	21624
carries in the state park such evidence of the resident's or	21625
veteran's disability as the chief prescribes by rule.	21626

Unless otherwise provided by division rule, every resident of	21627
this state who is sixty-five years of age or older or who is	21628
permanently and totally disabled and who furnishes evidence of	21629
that age or disability in a manner prescribed by division rule	21630
shall be charged one-half of the regular fee for camping, except	21631
on the weekends and holidays designated by the division, and shall	21632
not be charged more than ninety per cent of the regular charges	21633
for state recreational facilities, equipment, services, and food	21634
service operations utilized by the person at any time of year,	21635
whether maintained or operated by the state or leased for	21636
operation by another entity.	21637

As used in this section, "food service operations" means	21638
restaurants that are owned by the department of natural resources	21639
at Hocking Hills, Lake Hope, Malabar Farm, and Rocky Fork state	21640
parks or are part of a state park lodge. "Food service operations"	21641
does not include automatic vending machines, concession stands, or	21642
snack bars.	21643

As used in this section, "prisoner of war" means any	21644
regularly appointed, enrolled, enlisted, or inducted member of the	21645
military forces of the United States who was captured, separated,	21646
and incarcerated by an enemy of the United States. Any person who	21647
has been a prisoner of war, was honorably discharged from the	21648
military forces, and is a resident of this state is exempt from	21649
the fees for camping. To claim this exemption, the person shall	21650
present written evidence in the form of a record of separation, a	21651
letter from one of the military forces of the United States, or	21652
such other evidence as the chief prescribes by rule that satisfies	21653
the eligibility criteria established by this section.	21654

Sec. 1541.05. (A) The chief of the division of parks and	21655
recreation, with the approval of the director of natural	21656
resources, may dispose of any of the following by sale, donation,	21657
trade, trade-in, recycling, or any other lawful means, in a manner	21658
that will benefit the division:	21659

(1) Standing timber that as a result of wind, storm,	21660
pestilence, or any other natural occurrence may present a hazard	21661
to life or property, timber that has weakened or fallen on lands	21662
under the control and management of the division, or any timber or	21663
other forest products that ~~requires~~require management to improve	21664
wildlife habitat, protect against wildfires, provide access to	21665
recreational facilities, implement sustainable forestry practices,	21666
or improve the safety, quality, or appearance of any state park	21667
area;	21668

(2) Spoils of a dredging operation conducted by the division	21669
in waters under the control and management of the division. Prior	21670
to the disposition of any spoils under this division, the chief	21671
shall notify the director of environmental protection of the	21672
chief's intent so that the director may determine if the spoils	21673
constitute solid wastes or hazardous waste, as those terms are	21674
defined in section 3734.01 of the Revised Code, that must be	21675
disposed of in accordance with Chapter 3734. of the Revised Code.	21676
If the director does not notify the chief within thirty days after	21677
receiving notice of the disposition that the spoils must be	21678
disposed of in accordance with Chapter 3734. of the Revised Code,	21679
the chief may proceed with the disposition.	21680

(3) Notwithstanding sections 125.12 to 125.14 of the Revised	21681
Code, excess supplies and surplus supplies, as those terms are	21682
defined in section 125.12 of the Revised Code;	21683

(4) Agricultural products that are grown or raised by the	21684
division. As used in this division, "agricultural products"	21685
includes products of apiculture, animal husbandry, or poultry	21686
husbandry, field crops, fruits, and vegetables.	21687

(5) Abandoned personal property, including golf balls that	21688
are found on property under the control and management of the	21689
division.	21690

(B) In accordance with Chapter 119. of the Revised Code, the	21691
chief shall adopt, and may amend and rescind, such rules as are	21692
necessary to administer this section.	21693

(C) ~~Proceeds~~Except as provided in division (D) of this	21694
section, proceeds from the disposition of items under this section	21695
shall be deposited in the state treasury to the credit of the	21696
state park fund created in section 1541.22 of the Revised Code.	21697

(D) The chief of the division of parks and recreation may	21698
enter into a memorandum of understanding with the chief of the	21699
division of forestry to allow the division of forestry to	21700
administer the sale of timber and forest products on lands that	21701
are owned or controlled by the division of parks and recreation.	21702
Proceeds from the sale of timber or forest products pursuant to	21703
the memorandum of understanding shall be apportioned as follows:	21704

(1) Seventy-five per cent of the proceeds shall be deposited	21705
in the state treasury to the credit of the state park fund.	21706

(2) Twenty-five per cent of the proceeds shall be deposited	21707
in the state treasury to the credit of the state forest fund	21708
created in section 1503.05 of the Revised Code.	21709

Sec. 1541.25. There is hereby created the parks mineral	21710
royalties trust fund, which shall be in the custody of the	21711
treasurer of state and shall not be a part of the state treasury.	21712
The fund shall consist of royalties paid to the division of parks	21713
and recreation pursuant to the sale, lease, or transfer of	21714
minerals or mineral rights as provided in section 1541.03 of the	21715
Revised Code. Money in the fund shall be used by the division to	21716
facilitate capital improvements, maintenance, repairs, and	21717
renovations on properties that are owned by the state and	21718
administered by the division.	21719

Investment earnings of the fund shall be credited to the	21720
parks mineral royalties fund created in section 1541.26 of the	21721
Revised Code. Quarterly each fiscal year, the investment earnings	21722
of the parks mineral royalties trust fund shall be transferred to	21723
the parks mineral royalties fund.	21724

Upon the request of the director of natural resources, the	21725
director of budget and management annually may transfer an amount	21726
not to exceed ten per cent of the principal of the parks mineral	21727
royalties trust fund to the parks mineral royalties fund.	21728

Sec. 1541.26. There is hereby created in the state treasury	21729
the parks mineral royalties fund. The fund shall consist of all	21730
investment earnings of the parks mineral royalties trust fund	21731
created in section 1541.25 of the Revised Code and any principal	21732
transferred from the trust fund as authorized by that section.	21733

Money in the parks mineral royalties fund shall be used by	21734
the division of parks and recreation to facilitate capital	21735
improvements, maintenance, repairs, and renovations on properties	21736
that are owned by the state and administered by the division. All	21737
expenditures from the fund shall be approved by the director of	21738
natural resources.	21739

Sec. 1551.311. The general assembly hereby finds and	21740
declares that the future of the Ohio coal industry lies in the	21741
development of clean coal technology and that the disproportionate	21742
economic impact on the state under Title IV of the "Clean Air Act	21743
Amendments of 1990," 104 Stat. 2584, 42 U.S.C.A. 7651, warrants	21744
maximum federal assistance to this state for such development. It	21745
is therefore imperative that the ~~Ohio air quality~~department of	21746
development ~~authority created under Chapter 3706. of the Revised~~	21747
~~Code~~, its Ohio coal development office, the Ohio coal industry,	21748
the Ohio Washington office in the office of the governor, and the	21749
state's congressional delegation make every effort to acquire any	21750
federal assistance available for the development of clean coal	21751
technology, including assisting entities eligible for grants in	21752
their acquisition. The Ohio coal development agenda required by	21753
section 1551.34 of the Revised Code shall include, in addition to	21754
the other information required by that section, a description of	21755
such efforts and a description of the current status of the	21756
development of clean coal technology in this state and elsewhere.	21757

Sec. 1551.32. (A) There is hereby established within the	21758
~~Ohio air quality~~department of development ~~authority~~ the Ohio coal	21759
development office whose purposes are to do all of the following:	21760

(1) Encourage, promote, and support siting, financing,	21761
construction, and operation of commercially available or scaled	21762
facilities and technologies, including, without limitation,	21763
commercial-scale demonstration facilities and, when necessary or	21764
appropriate to demonstrate the commercial acceptability of a	21765
specific technology, up to three installations within this state	21766
utilizing the specific technology, to more efficiently produce,	21767
beneficiate, market, or use Ohio coal;	21768

(2) Encourage, promote, and support the market acceptance and	21769
increased market use of Ohio coal through technology and market	21770
development;	21771

(3) Assist in the financing of coal development facilities;

21772

(4) Encourage, promote, and support, in state-owned	21773
buildings, facilities, and operations, use of Ohio coal and	21774
electricity sold by utilities and others in this state that use	21775
Ohio coal for generation;	21776

(5) Improve environmental quality, particularly through	21777
cleaner use of Ohio coal;	21778

(6) Assist and cooperate with governmental agencies,	21779
universities and colleges, coal producers, coal miners, electric	21780
utilities and other coal users, public and private sector coal	21781
development interests, and others in achieving these purposes.	21782

(B) The office shall give priority to improvement or	21783
reconstruction of existing facilities and equipment when	21784
economically feasible, to construction and operation of	21785
commercial-scale facilities, and to technologies, equipment, and	21786
other techniques that enable maximum use of Ohio coal in an	21787
environmentally acceptable, cost-effective manner.	21788

Sec. 1551.33. (A) The ~~Ohio air quality~~director of	21789
development ~~authority, by the affirmative vote of a majority of~~	21790
~~its members,~~ shall appoint and fix the compensation of the	21791
director of the Ohio coal development office. The director shall	21792
serve at the pleasure of the ~~authority~~director of development.	21793

(B) The director of the office shall do all of the following:

21794

(1) Biennially prepare and maintain the Ohio coal development	21795
agenda required under section 1551.34 of the Revised Code;	21796

(2) Propose and support policies for the office consistent	21797
with the Ohio coal development agenda and develop means to	21798
implement the agenda;	21799

(3) Initiate, undertake, and support projects to carry out	21800
the office's purposes and ensure that the projects are consistent	21801
with and meet the selection criteria established by the Ohio coal	21802
development agenda;	21803

(4) Actively encourage joint participation in and, when	21804
feasible, joint funding of the office's projects with governmental	21805
agencies, electric utilities, universities and colleges, other	21806
public or private interests, or any other person;	21807

(5) Establish a table of organization for and employ such	21808
employees and agents as are necessary for the administration and	21809
operation of the office. Any such employees shall be in the	21810
unclassified service and shall serve at the pleasure of the	21811
~~authority~~director of development.	21812

(6) Appoint specified members of and convene the technical	21813
advisory committee established under section 1551.35 of the	21814
Revised Code;	21815

(7) Review, with the assistance of the technical advisory	21816
committee, proposed coal research and development projects as	21817
defined in section 1555.01 of the Revised Code, and coal	21818
development projects, submitted to the office by public utilities	21819
for the purpose of section 4905.304 of the Revised Code. If the	21820
director and the advisory committee determine that any such	21821
facility or project has as its purpose the enhanced use of Ohio	21822
coal in an environmentally acceptable, cost effective manner,	21823
promotes energy conservation, is cost effective, and is	21824
environmentally sound, the director shall submit to the public	21825
utilities commission a report recommending that the commission	21826
allow the recovery of costs associated with the facility or	21827
project under section 4905.304 of the Revised Code and including	21828
the reasons for the recommendation.	21829

(8) Establish such policies, procedures, and guidelines as	21830
are necessary to achieve the office's purposes.	21831

(C) ~~By the affirmative vote of a majority of the members of~~	21832
~~the Ohio air quality development authority, the~~The director of	21833
the office may exercise any of the powers and duties ~~of the~~	21834
~~director of development as the authority and~~that the director of	21835
the office ~~consider~~considers appropriate or desirable to achieve	21836
the office's purposes, including, but not limited to, the powers	21837
and duties enumerated in sections 1551.11, 1551.12, ~~1551.13,~~ and	21838
1551.15 of the Revised Code.	21839

Additionally, the director of the office may make loans to	21840
governmental agencies or persons for projects to carry out the	21841
office's purposes. Fees, charges, rates of interest, times of	21842
payment of interest and principal, and other terms, conditions,	21843
and provisions of the loans shall be such as the director of the	21844
office determines to be appropriate and in furtherance of the	21845
purposes for which the loans are made. The mortgage lien securing	21846
any moneys lent by the director of the office may be subordinate	21847
to the mortgage lien securing any moneys lent or invested by a	21848
financial institution, but shall be superior to that securing any	21849
moneys lent or expended by any other person. The moneys used in	21850
making the loans shall be disbursed upon order of the director of	21851
the office.	21852

Sec. 1551.35. (A) There is hereby established a technical	21853
advisory committee to assist the director of the Ohio coal	21854
development office in achieving the office's purposes. The	21855
director shall appoint to the committee one member of the public	21856
utilities commission and one representative each of coal	21857
production companies, the united mine workers of America, electric	21858
utilities, manufacturers that use Ohio coal, and environmental	21859
organizations, as well as two people with a background in coal	21860
research and development technology, one of whom is employed at	21861
the time of the member's appointment by a state university, as	21862
defined in section 3345.011 of the Revised Code. In addition, the	21863
committee shall include four legislative members. The speaker and	21864
minority leader of the house of representatives each shall appoint	21865
one member of the house of representatives, and the president and	21866
minority leader of the senate each shall appoint one member of the	21867
senate, to the committee. The director of environmental protection	21868
~~and the director of development~~ shall serve on the committee as an	21869
ex officio ~~members~~member. Any member of the committee may	21870
designate in writing a substitute to serve in the member's absence	21871
on the committee. The director of environmental protection may	21872
designate in writing the chief of the air pollution control	21873
division of the agency to represent the agency. Members shall	21874
serve on the committee at the pleasure of their appointing	21875
authority. Members of the committee appointed by the director of	21876
the office and, notwithstanding section 101.26 of the Revised	21877
Code, legislative members of the committee, when engaged in their	21878
official duties as members of the committee, shall be compensated	21879
on a per diem basis in accordance with division (J) of section	21880
124.15 of the Revised Code, except that the member of the public	21881
utilities commission and, while employed by a state university,	21882
the member with a background in coal research, shall not be so	21883
compensated. Members shall receive their actual and necessary	21884
expenses incurred in the performance of their duties.	21885

(B) The technical advisory committee shall review and make	21886
recommendations concerning the Ohio coal development agenda	21887
required under section 1551.34 of the Revised Code, project	21888
proposals, research and development projects submitted to the	21889
office by public utilities for the purpose of section 4905.304 of	21890
the Revised Code, proposals for grants, loans, and loan guarantees	21891
for purposes of sections 1555.01 to 1555.06 of the Revised Code,	21892
and such other topics as the director of the office considers	21893
appropriate.	21894

(C) The technical advisory committee may hold an executive	21895
session at any regular or special meeting for the purpose of	21896
considering research and development project proposals or	21897
applications for assistance submitted to the Ohio coal development	21898
office under section 1551.33, or sections 1555.01 to 1555.06, of	21899
the Revised Code, to the extent that the proposals or applications	21900
consist of trade secrets or other proprietary information.	21901

Any materials or data submitted to, made available to, or	21902
received by the ~~Ohio air quality~~department of development	21903
~~authority~~ or the director of the Ohio coal development office in	21904
connection with agreements for assistance entered into under this	21905
chapter or Chapter 1555. of the Revised Code, or any information	21906
taken from those materials or data for any purpose, to the extent	21907
that the materials or data consist of trade secrets or other	21908
proprietary information, are not public records for the purposes	21909
of section 149.43 of the Revised Code.	21910

As used in this division, "trade secrets" has the same	21911
meaning as in section 1333.61 of the Revised Code.	21912

Sec. 1555.02. It is hereby declared to be the public policy	21913
of this state through the operations of the Ohio coal development	21914
office under this chapter to contribute toward one or more of the	21915
following: to provide for the comfort, health, safety, and general	21916
welfare of all employees and other inhabitants of this state	21917
through research and development directed toward the discovery of	21918
new technologies or the demonstration or application of existing	21919
technologies to enable the conversion or use of Ohio coal as a	21920
fuel or chemical feedstock in an environmentally acceptable manner	21921
thereby enhancing the marketability and fostering the use of this	21922
state's vast reserves of coal, to assist in the financing of coal	21923
research and development and coal research and development	21924
projects or facilities for persons doing business in this state	21925
and educational and scientific institutions located in this state,	21926
to create or preserve jobs and employment opportunities or improve	21927
the economic welfare of the people of this state, or to assist and	21928
cooperate with such persons and educational and scientific	21929
institutions in conducting coal research and development. In	21930
furtherance of this public policy, the Ohio coal development	21931
office, with the advice of the technical advisory committee	21932
created in section 1551.35 of the Revised Code ~~and the affirmative~~	21933
~~vote of a majority of the members of the Ohio air quality~~	21934
~~development authority~~, may make loans, guarantee loans, and make	21935
grants to persons doing business in this state or to educational	21936
or scientific institutions located in this state for coal research	21937
and development projects by such persons or educational or	21938
scientific institutions; may, with the advice of the technical	21939
advisory committee ~~and the affirmative vote of a majority of the~~	21940
~~members of the Ohio air quality development authority~~, request the	21941
issuance of coal research and development general obligations	21942
under section 151.07 of the Revised Code to provide funds for	21943
making such loans, loan guarantees, and grants; and may, with the	21944
advice of the technical advisory committee ~~and the affirmative~~	21945
~~vote of a majority of the members of the Ohio air quality~~	21946
~~development authority~~, expend moneys credited to the coal research	21947
and development fund created in section 1555.15 of the Revised	21948
Code for the purpose of making such loans, loan guarantees, and	21949
grants. Determinations by the director of the Ohio coal	21950
development office that coal research and development or a coal	21951
research and development facility is a coal research and	21952
development project under this chapter and is consistent with the	21953
purposes of Section 15 of Article VIII, Ohio Constitution, and	21954
this chapter shall be conclusive as to the validity and	21955
enforceability of the coal research and development general	21956
obligations issued to finance such project and of the	21957
authorizations, trust agreements or indentures, loan agreements,	21958
loan guarantee agreements, or grant agreements, and other	21959
agreements made in connection therewith, all in accordance with	21960
their terms.	21961

Sec. 1555.03. For the purposes of this chapter, the director	21962
of the Ohio coal development office may:	21963

(A) With the advice of the technical advisory committee	21964
created in section 1551.35 of the Revised Code ~~and the affirmative~~	21965
~~vote of a majority of the members of the Ohio air quality~~	21966
~~development authority~~, make loans, guarantee loans, and make	21967
grants to persons doing business in this state or to educational	21968
or scientific institutions located in this state for coal research	21969
and development projects by any such person or educational or	21970
scientific institution and adopt rules under Chapter 119. of the	21971
Revised Code for making such loans, guarantees, and grants.	21972

(B) In making loans, loan guarantees, and grants under	21973
division (A) of this section and section 1555.04 of the Revised	21974
Code, the director of the office shall ensure that an adequate	21975
portion of the total amount of those loans, loan guarantees, and	21976
grants, as determined by the director with the advice of the	21977
technical advisory committee, is used for conducting research on	21978
fundamental scientific problems related to the utilization of Ohio	21979
coal and shall ensure, to the maximum feasible extent, joint	21980
financial participation by the federal government or other	21981
investors or interested parties in conjunction with any such loan,	21982
loan guarantee, or grant. The director, in each grant agreement or	21983
contract under division (A) of this section, loan contract or	21984
agreement under this division or section 1555.04 of the Revised	21985
Code, and contract of guarantee under section 1555.05 of the	21986
Revised Code, shall require that the facility or project be	21987
maintained and kept in good condition and repair by the person or	21988
educational or scientific institution to whom the grant or loan	21989
was made or for whom the guarantee was made.	21990

(C) From time to time, with the advice of the technical	21991
advisory committee ~~and the affirmative vote of a majority of the~~	21992
~~members of the Ohio air quality development authority~~, request the	21993
issuance of coal research and development general obligations	21994
under section 151.07 of the Revised Code, for any of the purposes	21995
set forth in Section 15 of Article VIII, Ohio Constitution, and	21996
subject to the limitations therein upon the aggregate total amount	21997
of obligations that may be outstanding at any time.	21998

(D) Include as a condition of any loan, loan guarantee, or	21999
grant contract or agreement with any such person or educational or	22000
scientific institution that the director of the office receive, in	22001
addition to payments of principal and interest on any such loan or	22002
service charges for any such guarantee, as appropriate, as	22003
authorized by Section 15, Article VIII, Ohio Constitution, a	22004
reasonable royalty or portion of the income or profits arising out	22005
of the developments, discoveries, or inventions, including patents	22006
or copyrights, that result in whole or in part from coal research	22007
and development projects conducted under any such contract or	22008
agreement, in such amounts and for such period of years as may be	22009
negotiated and provided by the contract or agreement in advance of	22010
the making of the grant, loan, or loan guarantee. Moneys received	22011
by the director of the office under this section may be credited	22012
to the coal research and development bond service fund or used to	22013
make additional loans, loan guarantees, grants, or agreements	22014
under this section.	22015

(E) Employ managers, superintendents, and other employees and	22016
retain or contract with consulting engineers, financial	22017
consultants, accounting experts, architects, and such other	22018
consultants and independent contractors as are necessary in the	22019
judgment of the director of the office to carry out this chapter,	22020
and fix the compensation thereof.	22021

(F) Receive and accept from any federal agency, subject to	22022
the approval of the governor, grants for or in aid of the	22023
construction or operation of any coal research and development	22024
project or for coal research and development, and receive and	22025
accept aid or contributions from any source of money, property,	22026
labor, or other things of value, to be held, used, and applied	22027
only for the purposes for which such grants and contributions are	22028
made.	22029

(G) Purchase fire and extended coverage and liability	22030
insurance for any coal research and development project, insurance	22031
protecting the office and its officers and employees against	22032
liability for damage to property or injury to or death of persons	22033
arising from its operations, and any other insurance the director	22034
of the office determines necessary or proper under this chapter.	22035
Any moneys received by the director from the proceeds of any such	22036
insurance with respect to a coal research and development project	22037
and any moneys received by the director from the proceeds of any	22038
settlement, judgment, foreclosure, or other insurance with respect	22039
to a coal research and development project or facility shall be	22040
credited to the coal research and development bond service fund.	22041

(H) In the exercise of the powers of the director of the	22042
office under this chapter, call to the director's assistance,	22043
temporarily, from time to time, any engineers, technical experts,	22044
financial experts, and other employees in any state department,	22045
agency, or commission, or in the Ohio state university, or other	22046
educational institutions financed wholly or partially by this	22047
state for purposes of assisting the director of the office with	22048
reviewing and evaluating applications for financial assistance	22049
under this chapter, monitoring performance of coal research and	22050
development projects receiving financial assistance under this	22051
chapter, and reviewing and evaluating the progress and findings of	22052
those projects. Such engineers, experts, and employees shall not	22053
receive any additional compensation over that which they receive	22054
from the department, agency, commission, or educational	22055
institution by which they are employed, but they shall be	22056
reimbursed for their actual and necessary expenses incurred while	22057
working under the direction of the director.	22058

(I) Do all acts necessary or proper to carry out the powers	22059
expressly granted in this chapter.	22060

Sec. 1555.04. (A) With respect to coal research and	22061
development projects financed wholly or partially from a loan or	22062
loan guarantee under this chapter, the director of the Ohio coal	22063
development office, in addition to other powers under this	22064
chapter, with the advice of the technical advisory committee	22065
created in section 1551.35 of the Revised Code ~~and the affirmative~~	22066
~~vote of a majority of the members of the Ohio air quality~~	22067
~~development authority~~, may enter into loan agreements, accept	22068
notes and other forms of obligation to evidence such indebtedness	22069
and mortgages, liens, pledges, assignments, or other security	22070
interests to secure such indebtedness, which may be prior or	22071
subordinate to or on a parity with other indebtedness,	22072
obligations, mortgages, pledges, assignments, other security	22073
interests, or liens or encumbrances, and take such actions as the	22074
director of the office considers appropriate to protect such	22075
security and safeguard against losses, including, without	22076
limitation, foreclosure and the bidding upon and purchase of	22077
property upon foreclosure or other sale.	22078

(B) The authority granted by this section is cumulative and	22079
supplementary to all other authority granted in this chapter. The	22080
authority granted by this section does not alter or impair any	22081
similar authority granted elsewhere in this chapter with respect	22082
to other projects.	22083

Sec. 1555.05. (A) Subject to any limitations as to aggregate	22084
amounts thereof that may from time to time be prescribed by the	22085
general assembly and to other applicable provisions of this	22086
chapter, and subject to the one-hundred-million-dollar limitation	22087
provided in Section 15 of Article VIII, Ohio Constitution, the	22088
director of the Ohio coal development office, on behalf of this	22089
state, with the advice of the technical advisory committee created	22090
in section 1551.35 of the Revised Code ~~and the affirmative vote of~~	22091
~~a majority of the members of the Ohio air quality development~~	22092
~~authority~~, may enter into contracts to guarantee the repayment or	22093
payment of the unpaid principal amount of loans made to pay the	22094
costs of coal research and development projects.	22095

(B) The contract of guarantee may make provision for the	22096
conditions of, time for, and manner of fulfillment of the	22097
guarantee commitment, subrogation of this state to the rights of	22098
the parties guaranteed and exercise of such parties' rights by the	22099
state, giving the state the option of making payment of the	22100
principal amount guaranteed in one or more installments and, if	22101
deferred, to pay interest thereon from the source specified in	22102
division (A) of this section, and any other terms or conditions	22103
customary to such guarantees and as the director of the office may	22104
approve, and may contain provisions for securing the guarantee in	22105
the manner consistent with this section, covenants on behalf of	22106
this state to issue obligations under section 1555.08 of the	22107
Revised Code to provide moneys to fulfill such guarantees and	22108
covenants, and covenants restricting the aggregate amount of	22109
guarantees that may be contracted under this section and	22110
obligations that may be issued under section 151.07 of the Revised	22111
Code, and terms pertinent to either, to better secure the parties	22112
guaranteed.	22113

(C) The director of the office may fix service charges for	22114
making a guarantee. Such charges shall be payable at such times	22115
and place and in such amounts and manner as may be prescribed by	22116
the director. Moneys received from such charges shall be credited	22117
to the coal research and development bond service fund.	22118

(D) Any guaranteed parties under this section, by any	22119
suitable form of legal proceedings and except to the extent that	22120
their rights are restricted by the guarantee documents, may	22121
protect and enforce any rights under the laws of this state or	22122
granted by such guarantee or guarantee documents. Such rights	22123
include the right to compel the performance of all duties of the	22124
office required by this section or the guarantee or guarantee	22125
documents; and in the event of default with respect to the payment	22126
of any guarantees, to apply to a court having jurisdiction of the	22127
cause to appoint a receiver to receive and administer the moneys	22128
pledged to such guarantee with full power to pay, and to provide	22129
for payment of, such guarantee, and with such powers, subject to	22130
the direction of the court, as are accorded receivers in general	22131
equity cases, excluding any power to pledge or apply additional	22132
revenues or receipts or other income or moneys of this state. Each	22133
duty of the office and its director and employees required or	22134
undertaken under this section or a guarantee made under this	22135
section is hereby established as a duty of the office and of its	22136
director and each such employee having authority to perform such	22137
duty, specifically enjoined by the law resulting from an office,	22138
trust, or station within the meaning of section 2731.01 of the	22139
Revised Code. The persons who are at the time the director of the	22140
office, or its employees, are not liable in their personal	22141
capacities on any guarantees or contracts to make guarantees by	22142
the director.	22143

Sec. 1555.06. Upon application by the director of the Ohio	22144
coal development office ~~with the affirmative vote of a majority of~~	22145
~~the members of the Ohio air quality development authority~~, the	22146
controlling board, from appropriations available to the board, may	22147
provide funds for surveys or studies by the office of any proposed	22148
coal research and development project subject to repayment by the	22149
office from funds available to it, within the time fixed by the	22150
board. Funds to be repaid shall be charged by the office to the	22151
appropriate coal research and development project and the amount	22152
thereof shall be a cost of the project. This section does not	22153
abrogate the authority of the controlling board to otherwise	22154
provide funds for use by the office in the exercise of the powers	22155
granted to it by this chapter.	22156

Sec. 1555.08. (A) Subject to the limitations provided in	22157
Section 15 of Article VIII, Ohio Constitution, the commissioners	22158
of the sinking fund, upon certification by the director of the	22159
Ohio coal development office of the amount of moneys or additional	22160
moneys needed in the coal research and development fund for the	22161
purpose of making grants or loans for allowable costs, or needed	22162
for capitalized interest, for funding reserves, and for paying	22163
costs and expenses incurred in connection with the issuance,	22164
carrying, securing, paying, redeeming, or retirement of the	22165
obligations or any obligations refunded thereby, including payment	22166
of costs and expenses relating to letters of credit, lines of	22167
credit, insurance, put agreements, standby purchase agreements,	22168
indexing, marketing, remarketing and administrative arrangements,	22169
interest swap or hedging agreements, and any other credit	22170
enhancement, liquidity, remarketing, renewal, or refunding	22171
arrangements, all of which are authorized by this section, or	22172
providing moneys for loan guarantees, shall issue obligations of	22173
the state under this section in amounts authorized by the general	22174
assembly; provided that such obligations may be issued to the	22175
extent necessary to satisfy the covenants in contracts of	22176
guarantee made under section 1555.05 of the Revised Code to issue	22177
obligations to meet such guarantees, notwithstanding limitations	22178
otherwise applicable to the issuance of obligations under this	22179
section except the one-hundred-million-dollar limitation provided	22180
in Section 15 of Article VIII, Ohio Constitution. The proceeds of	22181
such obligations, except for the portion to be deposited in the	22182
coal research and development bond service fund as may be provided	22183
in the bond proceedings, shall as provided in the bond proceedings	22184
be deposited in the coal research and development fund. The	22185
commissioners of the sinking fund may appoint trustees, paying	22186
agents, and transfer agents and may retain the services of	22187
financial advisors, accounting experts, and attorneys, and retain	22188
or contract for the services of marketing, remarketing, indexing,	22189
and administrative agents, other consultants, and independent	22190
contractors, including printing services, as are necessary in	22191
their judgment to carry out this section.	22192

(B) The full faith and credit of the state of Ohio is hereby	22193
pledged to obligations issued under this section. The right of the	22194
holders and owners to payment of bond service charges is limited	22195
to all or that portion of the moneys pledged thereto pursuant to	22196
the bond proceedings in accordance with this section, and each	22197
such obligation shall bear on its face a statement to that effect.	22198

(C) Obligations shall be authorized by resolution of the	22199
commissioners of the sinking fund on request of the director of	22200
the Ohio coal development office as provided in section 1555.02 of	22201
the Revised Code and the bond proceedings shall provide for the	22202
purpose thereof and the principal amount or amounts, and shall	22203
provide for or authorize the manner or agency for determining the	22204
principal maturity or maturities, not exceeding forty years from	22205
the date of issuance, the interest rate or rates or the maximum	22206
interest rate, the date of the obligations and the dates of	22207
payment of interest thereon, their denomination, and the	22208
establishment within or without the state of a place or places of	22209
payment of bond service charges. Sections 9.98 to 9.983 of the	22210
Revised Code apply to obligations issued under this section. The	22211
purpose of such obligations may be stated in the bond proceedings	22212
in terms describing the general purpose or purposes to be served.	22213
The bond proceedings shall also provide, subject to the provisions	22214
of any other applicable bond proceedings, for the pledge of all,	22215
or such part as the commissioners of the sinking fund may	22216
determine, of the moneys credited to the coal research and	22217
development bond service fund to the payment of bond service	22218
charges, which pledges may be made either prior or subordinate to	22219
other expenses, claims, or payments and may be made to secure the	22220
obligations on a parity with obligations theretofore or thereafter	22221
issued, if and to the extent provided in the bond proceedings. The	22222
moneys so pledged and thereafter received by the state are	22223
immediately subject to the lien of such pledge without any	22224
physical delivery thereof or further act, and the lien of any such	22225
pledges is valid and binding against all parties having claims of	22226
any kind against the state or any governmental agency of the	22227
state, irrespective of whether such parties have notice thereof,	22228
and shall create a perfected security interest for all purposes of	22229
Chapter 1309. of the Revised Code, without the necessity for	22230
separation or delivery of funds or for the filing or recording of	22231
the bond proceedings by which such pledge is created or any	22232
certificate, statement, or other document with respect thereto;	22233
and the pledge of such moneys is effective and the money therefrom	22234
and thereof may be applied to the purposes for which pledged	22235
without necessity for any act of appropriation. Every pledge, and	22236
every covenant and agreement made with respect thereto, made in	22237
the bond proceedings may therein be extended to the benefit of the	22238
owners and holders of obligations authorized by this section, and	22239
to any trustee therefor, for the further security of the payment	22240
of the bond service charges.	22241

(D) The bond proceedings may contain additional provisions as	22242
to:	22243

(1) The redemption of obligations prior to maturity at the	22244
option of the commissioners of the sinking fund at such price or	22245
prices and under such terms and conditions as are provided in the	22246
bond proceedings;	22247

(2) Other terms of the obligations;

22248

(3) Limitations on the issuance of additional obligations;

22249

(4) The terms of any trust agreement or indenture securing	22250
the obligations or under which the obligations may be issued;	22251

(5) The deposit, investment, and application of the coal	22252
research and development bond service fund, and the safeguarding	22253
of moneys on hand or on deposit, without regard to Chapter 131. or	22254
135. of the Revised Code, but subject to any special provisions of	22255
this chapter, with respect to particular moneys; provided, that	22256
any bank or trust company which acts as depository of any moneys	22257
in the fund may furnish such indemnifying bonds or may pledge such	22258
securities as required by the commissioners of the sinking fund;	22259

(6) Any other provision of the bond proceedings being binding	22260
upon the commissioners of the sinking fund, or such other body or	22261
person as may from time to time have the authority under law to	22262
take such actions as may be necessary to perform all or any part	22263
of the duty required by such provision;	22264

(7) Any provision which may be made in a trust agreement or	22265
indenture;	22266

(8) Any other or additional agreements with the holders of	22267
the obligations, or the trustee therefor, relating to the	22268
obligations or the security therefor, including the assignment of	22269
mortgages or other security obtained or to be obtained for loans	22270
under this chapter.	22271

(E) The obligations may have the great seal of the state or a	22272
facsimile thereof affixed thereto or printed thereon. The	22273
obligations shall be signed by such members of the commissioners	22274
of the sinking fund as are designated in the resolution	22275
authorizing the obligations or bear the facsimile signatures of	22276
such members. Any coupons attached to the obligations shall bear	22277
the facsimile signature of the treasurer of state. Any obligations	22278
may be executed by the persons who, on the date of execution, are	22279
the commissioners although on the date of such bonds the persons	22280
were not the commissioners. Any coupons may be executed by the	22281
person who, on the date of execution, is the treasurer of state	22282
although on the date of such coupons the person was not the	22283
treasurer of state. In case any officer or commissioner whose	22284
signature or a facsimile of whose signature appears on any such	22285
obligations or any coupons ceases to be such officer or	22286
commissioner before delivery thereof, such signature or facsimile	22287
is nevertheless valid and sufficient for all purposes as if the	22288
individual had remained such officer or commissioner until such	22289
delivery; and in case the seal to be affixed to obligations has	22290
been changed after a facsimile of the seal has been imprinted on	22291
such obligations, such facsimile seal shall continue to be	22292
sufficient as to such obligations and obligations issued in	22293
substitution or exchange therefor.	22294

(F) All obligations except loan guarantees are negotiable	22295
instruments and securities under Chapter 1308. of the Revised	22296
Code, subject to the provisions of the bond proceedings as to	22297
registration. The obligations may be issued in coupon or in	22298
registered form, or both, as the commissioners of the sinking fund	22299
determine. Provision may be made for the registration of any	22300
obligations with coupons attached thereto as to principal alone or	22301
as to both principal and interest, their exchange for obligations	22302
so registered, and for the conversion or reconversion into	22303
obligations with coupons attached thereto of any obligations	22304
registered as to both principal and interest, and for reasonable	22305
charges for such registration, exchange, conversion, and	22306
reconversion.	22307

(G) Obligations may be sold at public sale or at private	22308
sale, as determined in the bond proceedings.	22309

(H) Pending preparation of definitive obligations, the	22310
commissioners of the sinking fund may issue interim receipts or	22311
certificates which shall be exchanged for such definitive	22312
obligations.	22313

(I) In the discretion of the commissioners of the sinking	22314
fund, obligations may be secured additionally by a trust agreement	22315
or indenture between the commissioners and a corporate trustee,	22316
which may be any trust company or bank having a place of business	22317
within the state. Any such agreement or indenture may contain the	22318
resolution authorizing the issuance of the obligations, any	22319
provisions that may be contained in any bond proceedings, and	22320
other provisions that are customary or appropriate in an agreement	22321
or indenture of such type, including, but not limited to:	22322

(1) Maintenance of each pledge, trust agreement, indenture,	22323
or other instrument comprising part of the bond proceedings until	22324
the state has fully paid the bond service charges on the	22325
obligations secured thereby, or provision therefor has been made;	22326

(2) In the event of default in any payments required to be	22327
made by the bond proceedings, or any other agreement of the	22328
commissioners of the sinking fund made as a part of the contract	22329
under which the obligations were issued, enforcement of such	22330
payments or agreement by mandamus, the appointment of a receiver,	22331
suit in equity, action at law, or any combination of the	22332
foregoing;	22333

(3) The rights and remedies of the holders of obligations and	22334
of the trustee, and provisions for protecting and enforcing them,	22335
including limitations on rights of individual holders of	22336
obligations;	22337

(4) The replacement of any obligations that become mutilated	22338
or are destroyed, lost, or stolen;	22339

(5) Such other provisions as the trustee and the	22340
commissioners of the sinking fund agree upon, including	22341
limitations, conditions, or qualifications relating to any of the	22342
foregoing.	22343

(J) Any holder of obligations or a trustee under the bond	22344
proceedings, except to the extent that the holder's rights are	22345
restricted by the bond proceedings, may by any suitable form of	22346
legal proceedings protect and enforce any rights under the laws of	22347
this state or granted by such bond proceedings. Such rights	22348
include the right to compel the performance of all duties of the	22349
commissioners of the sinking fund, the ~~Ohio air quality~~department	22350
of development ~~authority~~, or the Ohio coal development office	22351
required by this chapter and Chapter 1551. of the Revised Code or	22352
the bond proceedings; to enjoin unlawful activities; and in the	22353
event of default with respect to the payment of any bond service	22354
charges on any obligations or in the performance of any covenant	22355
or agreement on the part of the commissioners, the ~~authority~~	22356
department, or the office in the bond proceedings, to apply to a	22357
court having jurisdiction of the cause to appoint a receiver to	22358
receive and administer the moneys pledged, other than those in the	22359
custody of the treasurer of state, that are pledged to the payment	22360
of the bond service charges on such obligations or that are the	22361
subject of the covenant or agreement, with full power to pay, and	22362
to provide for payment of bond service charges on, such	22363
obligations, and with such powers, subject to the direction of the	22364
court, as are accorded receivers in general equity cases,	22365
excluding any power to pledge additional revenues or receipts or	22366
other income or moneys of the commissioners of the sinking fund or	22367
the state or governmental agencies of the state to the payment of	22368
such principal and interest and excluding the power to take	22369
possession of, mortgage, or cause the sale or otherwise dispose of	22370
any project.	22371

Each duty of the commissioners of the sinking fund and their	22372
employees, and of each governmental agency and its officers,	22373
members, or employees, undertaken pursuant to the bond proceedings	22374
or any grant, loan, or loan guarantee agreement made under	22375
authority of this chapter, and in every agreement by or with the	22376
commissioners, is hereby established as a duty of the	22377
commissioners, and of each such officer, member, or employee	22378
having authority to perform such duty, specifically enjoined by	22379
the law resulting from an office, trust, or station within the	22380
meaning of section 2731.01 of the Revised Code.	22381

The persons who are at the time the commissioners of the	22382
sinking fund, or their employees, are not liable in their personal	22383
capacities on any obligations issued by the commissioners or any	22384
agreements of or with the commissioners.	22385

(K) Obligations issued under this section are lawful	22386
investments for banks, societies for savings, savings and loan	22387
associations, deposit guarantee associations, trust companies,	22388
trustees, fiduciaries, insurance companies, including domestic for	22389
life and domestic not for life, trustees or other officers having	22390
charge of sinking and bond retirement or other special funds of	22391
political subdivisions and taxing districts of this state, the	22392
commissioners of the sinking fund of the state, the administrator	22393
of workers' compensation, the state teachers retirement system,	22394
the public employees retirement system, the school employees	22395
retirement system, and the Ohio police and fire pension fund,	22396
notwithstanding any other provisions of the Revised Code or rules	22397
adopted pursuant thereto by any governmental agency of the state	22398
with respect to investments by them, and are also acceptable as	22399
security for the deposit of public moneys.	22400

(L) If the law or the instrument creating a trust pursuant to	22401
division (I) of this section expressly permits investment in	22402
direct obligations of the United States or an agency of the United	22403
States, unless expressly prohibited by the instrument, such moneys	22404
also may be invested in no-front-end-load money market mutual	22405
funds consisting exclusively of obligations of the United States	22406
or an agency of the United States and in repurchase agreements,	22407
including those issued by the fiduciary itself, secured by	22408
obligations of the United States or an agency of the United	22409
States; and in collective investment funds established in	22410
accordance with section 1111.14 of the Revised Code and consisting	22411
exclusively of any such securities, notwithstanding division	22412
(A)(1)(c) of that section. The income from such investments shall	22413
be credited to such funds as the commissioners of the sinking fund	22414
determine, and such investments may be sold at such times as the	22415
commissioners determine or authorize.	22416

(M) Provision may be made in the applicable bond proceedings	22417
for the establishment of separate accounts in the bond service	22418
fund and for the application of such accounts only to the	22419
specified bond service charges on obligations pertinent to such	22420
accounts and bond service fund and for other accounts therein	22421
within the general purposes of such fund. Moneys to the credit of	22422
the bond service fund shall be disbursed on the order of the	22423
treasurer of state; provided, that no such order is required for	22424
the payment from the bond service fund when due of bond service	22425
charges on obligations.	22426

(N) The commissioners of the sinking fund may pledge all, or	22427
such portion as they determine, of the receipts of the bond	22428
service fund to the payment of bond service charges on obligations	22429
issued under this section, and for the establishment and	22430
maintenance of any reserves, as provided in the bond proceedings,	22431
and make other provisions therein with respect to pledged receipts	22432
as authorized by this chapter, which provisions control	22433
notwithstanding any other provisions of law pertaining thereto.	22434

(O) The commissioners of the sinking fund may covenant in the	22435
bond proceedings, and any such covenants control notwithstanding	22436
any other provision of law, that the state and applicable officers	22437
and governmental agencies of the state, including the general	22438
assembly, so long as any obligations are outstanding, shall:	22439

(1) Maintain statutory authority for and cause to be levied	22440
and collected taxes so that the pledged receipts are sufficient in	22441
amount to meet bond service charges, and the establishment and	22442
maintenance of any reserves and other requirements provided for in	22443
the bond proceedings, and, as necessary, to meet covenants	22444
contained in any loan guarantees made under this chapter;	22445

(2) Take or permit no action, by statute or otherwise, that	22446
would impair the exemption from federal income taxation of the	22447
interest on the obligations.	22448

(P) All moneys received by or on account of the state and	22449
required by the applicable bond proceedings, consistent with this	22450
section, to be deposited, transferred, or credited to the coal	22451
research and development bond service fund, and all other moneys	22452
transferred or allocated to or received for the purposes of the	22453
fund, shall be credited to such fund and to any separate accounts	22454
therein, subject to applicable provisions of the bond proceedings,	22455
but without necessity for any act of appropriation. During the	22456
period beginning with the date of the first issuance of	22457
obligations and continuing during such time as any such	22458
obligations are outstanding, and so long as moneys in the bond	22459
service fund are insufficient to pay all bond service charges on	22460
such obligations becoming due in each year, a sufficient amount of	22461
moneys of the state are committed and shall be paid to the bond	22462
service fund in each year for the purpose of paying the bond	22463
service charges becoming due in that year without necessity for	22464
further act of appropriation for such purpose. The bond service	22465
fund is a trust fund and is hereby pledged to the payment of bond	22466
service charges to the extent provided in the applicable bond	22467
proceedings, and payment thereof from such fund shall be made or	22468
provided for by the treasurer of state in accordance with such	22469
bond proceedings without necessity for any act of appropriation.	22470
All investment earnings of the fund shall be credited to the fund.	22471

(Q) For purposes of establishing the limitations contained in	22472
Section 15 of Article VIII, Ohio Constitution, the "principal	22473
amount" refers to the aggregate of the offering price of the bonds	22474
or notes. "Principal amount" does not refer to the aggregate value	22475
at maturity or redemption of the bonds or notes.	22476

(R) This section applies only with respect to obligations	22477
issued and delivered prior to September 30, 2000.	22478

Sec. 1555.17. All final actions of the director of the Ohio	22479
coal development office shall be journalized and such journal	22480
shall be open to inspection of the public at all reasonable times.	22481
Any materials or data, to the extent that they consist of trade	22482
secrets, as defined in section 1333.61 of the Revised Code, or	22483
other proprietary information, that are submitted or made	22484
available to, or received by, the ~~Ohio air quality~~department of	22485
development ~~authority~~ or the director of the Ohio coal development	22486
office, in connection with agreements for assistance entered into	22487
under this chapter or Chapter 1551. of the Revised Code, or any	22488
information taken from those materials or data, are not public	22489
records for the purposes of section 149.43 of the Revised Code.	22490

Sec. 1561.06. The chief of the division of mineral resources	22491
management shall designate the townships in which mineable or	22492
quarryable coal or other mineral is or may be mined or quarried,	22493
which townships shall be considered coal or mineral bearing	22494
townships. The chief shall divide the coal or other mineral	22495
bearing townships into such districts as the chief deems best for	22496
inspection purposes, and the chief may change such districts	22497
whenever, in the chief's judgment, the best interests of the	22498
service require.	22499

The chief shall designate as provided in this section as coal	22500
or mineral bearing townships those townships in which coal is	22501
being mined or in which coal is found in such thickness as to make	22502
the mining of ~~such~~the coal or mineral probable at some future	22503
time, and shall designate ~~such~~the township as a unit. As used in	22504
this chapter and Chapters 1563., 1565., and 1567. of the Revised	22505
Code, "coal or mineral bearing township" means a township that has	22506
been so designated by the chief under this section.	22507

The chief shall also designate the townships in which coal is	22508
being mined or in which coal is found in such thickness as to make	22509
the mining of ~~such~~the coal probable at some future time as "coal	22510
bearing townships" as ~~such~~that term is used in Chapter 1509. of	22511
the Revised Code. The chief shall certify to the chief of the	22512
division of oil and gas resources management the townships that	22513
are designated as coal bearing townships.	22514

Sec. 1561.12. An applicant for any examination or	22515
certificate under this section shall, before being examined,	22516
register the applicant's name with the chief of the division of	22517
mineral resources management and file with the chief an affidavit	22518
as to all matters of fact establishing the applicant's right to	22519
receive the examination, a certificate of good character and	22520
temperate habits signed by at least three reputable citizens of	22521
the community in which the applicant resides, and a certificate	22522
from a reputable and disinterested physician as to the physical	22523
condition of ~~such~~the applicant showing that the applicant is	22524
physically capable of performing the duties of the office or	22525
position.	22526

Each applicant for examination for any of the following	22527
positions shall present evidence satisfactory to the chief that	22528
the applicant has been a resident and citizen of this state for	22529
two years next preceding the date of application:	22530

(A) An applicant for the position of deputy mine inspector of	22531
underground mines shall have had actual practical experience of	22532
not less than six years, at least two of which shall have been in	22533
the underground workings of mines in this state. In the case of an	22534
applicant who would inspect underground coal mines, the two years	22535
shall consist of actual practical experience in underground coal	22536
mines. In the case of an applicant who would inspect noncoal	22537
mines, the two years shall consist of actual practical experience	22538
in noncoal mines. In lieu of two years of the actual practical	22539
experience required, the chief may accept as the equivalent	22540
thereof a certificate evidencing graduation from an accredited	22541
school of mines or mining, after a four-year course of study, but	22542
such credit shall not apply as to the two years' actual practical	22543
experience required in the mines in this state.	22544

The applicant shall pass an examination as to the applicant's	22545
practical and technological knowledge of mine surveying, mining	22546
machinery, and appliances; the proper development and operation of	22547
mines; the best methods of working and ventilating mines; the	22548
nature, properties, and powers of noxious, poisonous, and	22549
explosive gases, particularly methane; the best means and methods	22550
of detecting, preventing, and removing the accumulation of such	22551
gases; the use and operation of gas detecting devices and	22552
appliances; first aid to the injured; and the uses and dangers of	22553
electricity as applied and used in, at, and around mines. ~~Such~~The	22554
applicant shall also hold a certificate for foreperson of gaseous	22555
mines issued by the chief.	22556

(B) An applicant for the position of deputy mine inspector of	22557
surface mines shall have had actual practical mining experience of	22558
not less than six years, at least two of which shall have been in	22559
surface mines in this state. In lieu of two years of the actual	22560
practical experience required, the chief may accept as the	22561
equivalent thereof a certificate evidencing graduation from an	22562
accredited school of mines or mining, after a four-year course of	22563
study, but that credit shall not apply as to the two years' actual	22564
practical experience required in the mines in this state. The	22565
applicant shall pass an examination as to the applicant's	22566
practical and technological knowledge of surface mine surveying,	22567
machinery, and appliances; the proper development and operations	22568
of surface mines; first aid to the injured; and the use and	22569
dangers of explosives and electricity as applied and used in, at,	22570
and around surface mines. The applicant shall also hold a surface	22571
mine foreperson certificate issued by the chief.	22572

(C) An applicant for the position of electrical inspector	22573
shall have had at least five years' practical experience in the	22574
installation and maintenance of electrical circuits and equipment	22575
in mines, and the applicant shall be thoroughly familiar with the	22576
principles underlying the safety features of permissible and	22577
approved equipment as authorized and used in mines.	22578

The applicant shall be required to pass the examination	22579
required for deputy mine inspectors and an examination testing and	22580
determining the applicant's qualification and ability to	22581
competently inspect and administer the mining law that relates to	22582
electricity used in and around mines and mining in this state.	22583

(D) An applicant for the position of superintendent or	22584
assistant superintendent of rescue stations shall possess the same	22585
qualifications as those required for a deputy mine inspector. In	22586
addition, the applicant shall present evidence satisfactory to the	22587
chief that the applicant is sufficiently qualified and trained to	22588
organize, supervise, and conduct group training classes in first	22589
aid, safety, and rescue work.	22590

The applicant shall pass the examination required for deputy	22591
mine inspectors and shall be tested as to the applicant's	22592
practical and technological experience and training in first aid,	22593
safety, and mine rescue work.	22594

(E) An applicant for the position of mine chemist shall have	22595
such educational training as is represented by the degree MS in	22596
chemistry from a university of recognized standing, and at least	22597
five years of actual practical experience in research work in	22598
chemistry or as an assistant chemist. The chief may provide that	22599
an equivalent combination of education and experience together	22600
with a wide knowledge of the methods of and skill in chemical	22601
analysis and research may be accepted in lieu of the above	22602
qualifications. It is preferred that ~~such~~the chemist shall have	22603
had actual experience in mineralogy and metallurgy.	22604

~~(F) An applicant for the position of gas storage well~~	22605
~~inspector shall possess the same qualifications as an applicant~~	22606
~~for the position of deputy mine inspector and shall have a~~	22607
~~practical knowledge and experience of and in the operation,~~	22608
~~location, drilling, maintenance, and abandonment of oil and gas~~	22609
~~wells, especially in coal or mineral bearing townships, and shall~~	22610
~~have a thorough knowledge of the latest and best method of~~	22611
~~plugging and sealing abandoned oil and gas wells.~~	22612

~~Such applicant for gas storage well inspector shall pass an~~	22613
~~examination conducted by the chief to determine the applicant's~~	22614
~~fitness to act as a gas storage well inspector before being~~	22615
~~eligible for appointment.~~	22616

Sec. 1561.13. The chief of the division of mineral resources	22617
management shall conduct examinations for offices and positions in	22618
the division of mineral resources management, and for mine	22619
forepersons, mine electricians, shot firers, surface mine	22620
blasters, and fire bosses, as follows:	22621

(A) Division of mineral resources management:

22622

(1) Deputy mine inspectors of underground mines;

22623

(2) Deputy mine inspectors of surface mines;

22624

(3) Electrical inspectors;

22625

(4) Superintendent of rescue stations;

22626

(5) Assistant superintendents of rescue stations;

22627

(6) Mine chemists at a division laboratory if the chief	22628
chooses to operate a laboratory;	22629

~~(7) Gas storage well inspector~~.

22630

(B) Mine forepersons:

22631

(1) Mine foreperson of gaseous mines;

22632

(2) Mine foreperson of nongaseous mines;

22633

(3) Mine foreperson of surface mines.

22634

22635

(1) Foreperson of gaseous mines;

22636

(2) Foreperson of nongaseous mines;

22637

(3) Foreperson of surface maintenance facilities at	22638
underground or surface mines;	22639

(4) Foreperson of surface mines.

22640

(D) Fire bosses.

22641

(E) Mine electricians.

22642

(F) Surface mine blasters.

22643

(G) Shot firers.

22644

The chief annually shall provide for the examination of	22645
candidates for appointment or promotion as deputy mine inspectors	22646
and such other positions and offices set forth in division (A) of	22647
this section as are necessary. Special examinations may be held	22648
whenever it becomes necessary to make appointments to any of those	22649
positions.	22650

The chief shall provide for the examination of persons	22651
seeking certificates of competency as mine forepersons,	22652
forepersons, mine electricians, shot firers, surface mine	22653
blasters, and fire bosses quarterly or more often as required, at	22654
such times and places within the state as shall, in the judgment	22655
of the chief, afford the best facilities to the greatest number of	22656
applicants. Public notice shall be given through the press or	22657
otherwise, not less than ten days in advance, announcing the time	22658
and place at which examinations under this section are to be held.	22659

The examinations provided for in this section shall be	22660
conducted under rules adopted under section 1561.05 of the Revised	22661
Code and conditions prescribed by the chief. Any rules that relate	22662
to particular candidates shall, upon application of any candidate,	22663
be furnished to the candidate by the chief; they shall also be of	22664
uniform application to all candidates in the several groups.	22665

Sec. 1561.35. If the deputy mine inspector finds that any	22666
matter, thing, or practice connected with any mine and not	22667
prohibited specifically by law is dangerous or hazardous, or that	22668
from a rigid enforcement of this chapter and Chapters ~~1509.,~~	22669
1563., 1565., and 1567. and applicable provisions of Chapter 1509.	22670
of the Revised Code, the matter, thing, or practice would become	22671
dangerous and hazardous so as to tend to the bodily injury of any	22672
person, the deputy mine inspector forthwith shall give notice in	22673
writing to the owner, lessee, or agent of the mine of the	22674
particulars in which the deputy mine inspector considers the mine	22675
or any matter, thing, or practice connected therewith is dangerous	22676
or hazardous and recommend changes that the conditions require,	22677
and forthwith shall mail a copy of the report and the deputy mine	22678
inspector's recommendations to the chief of the division of	22679
mineral resources management. Upon receipt of the report and	22680
recommendations, the chief forthwith shall make a finding thereon	22681
and mail a copy to the owner, operator, lessee, or agent of the	22682
mine, and to the deputy mine inspector; a copy of the finding of	22683
the chief shall be posted upon the bulletin board of the mine.	22684
Where the miners have a mine safety committee, one additional copy	22685
shall be posted on the bulletin board for the use and possession	22686
of the committee.	22687

The owner, operator, lessee, or agent of the mine, or the	22688
authorized representative of the workers of the mine, within ten	22689
days may appeal to the reclamation commission for a review and	22690
redetermination of the finding of the chief in the matter in	22691
accordance with section 1513.13 of the Revised Code,	22692
notwithstanding division (A)(1) of that section, which provides	22693
for appeals within thirty days. A copy of the decision of the	22694
commission shall be mailed as required by this section for the	22695
mailing of the finding by the chief on the deputy mine inspector's	22696
report.	22697

Sec. 1561.49. The chief of the division of mineral resources	22698
management may designate not more than thirty deputy mine	22699
inspectors, at least one of whom shall be classified and appointed	22700
as electrical inspector provided for in division (B) of section	22701
1561.12 of the Revised Code; ~~one gas storage well inspector;~~ one	22702
superintendent of rescue stations; three assistant superintendents	22703
of rescue stations; three chemists; and such clerks,	22704
stenographers, and other employees as are necessary for the	22705
administration of this chapter and Chapters 1563., 1565., and	22706
1567., and applicable provisions of Chapter 1509. of the Revised	22707
Code.	22708

Such officers, employees, and personnel shall be appointed	22709
and employed under such conditions and qualifications as set forth	22710
in ~~such~~those chapters.	22711

Sec. 1563.06. For the purpose of making the examinations	22712
provided for in this chapter and Chapters ~~1509.,~~ 1561., 1565., and	22713
1567. and applicable provisions of Chapter 1509. of the Revised	22714
Code, the chief of the division of mineral resources management,	22715
and each deputy mine inspector, may enter any mine at a reasonable	22716
time, by day or by night, but in such manner as will not	22717
necessarily impede the working of the mine, and the owner, lessee,	22718
or agent thereof shall furnish the means necessary for such entry	22719
and examination.	22720

Sec. 1563.24. In all mines generating methane in such	22721
quantities as to be considered a gaseous mine under section	22722
1563.02 of the Revised Code, the mine foreperson of such a mine	22723
shall:	22724

(A) Employ a sufficient number of competent persons holding	22725
foreperson of gaseous mines or fire boss certificates, except as	22726
provided in section 1565.02 of the Revised Code, to examine the	22727
working places whether they are in actual course of working or	22728
not, and the traveling ways and entrances to old workings with	22729
approved flame safety lamps, all of which shall be done not more	22730
than three hours prior to the time fixed for the employees to	22731
enter ~~such~~the mine;	22732

(B) Have all old parts of the mine not in the actual course	22733
of working, but that are open and safe to travel, examined not	22734
less than once each three days by a competent person who holds a	22735
foreperson of gaseous mines or a fire boss certificate;	22736

(C) See that all parts of the mine not sealed off as provided	22737
in section 1563.41 of the Revised Code are kept free from standing	22738
gas, and upon the discovery of any standing gas, see that the	22739
entrance to the place where the gas is so discovered is fenced off	22740
and marked with a sign upon which is written the word "danger,"	22741
and ~~such~~the sign shall so remain until ~~such~~the gas has been	22742
removed;	22743

(D) Have the mine examined on all idle days, holidays, and	22744
Sundays on which employees are required to work therein;	22745

(E) If more than three hours elapse between shifts, have the	22746
places in which the succeeding shift works examined by a competent	22747
person who holds a foreperson of gaseous mines or fire boss	22748
certificate;	22749

(F) See that this chapter and Chapters ~~1509.,~~ 1561., 1565.,	22750
and 1567. and applicable provisions of Chapter 1509. of the	22751
Revised Code, with regard to examination of working places,	22752
removal of standing gas, and fencing off of dangerous places, are	22753
complied with before the employees employed by the mine foreperson	22754
for this particular work are permitted to do any other work;	22755

(G) Have a report made on the blackboard provided for in	22756
section 1567.06 of the Revised Code, which report shall show the	22757
condition of the mine as to the presence of gas and the place	22758
where such gas is present, if there is any, before the mine	22759
foreperson permits the employees to enter the mine;	22760

(H) Have reports of the duties and activities enumerated in	22761
this section signed by the person who makes ~~such~~the examination.	22762
The reports so signed shall be sent once each week to the deputy	22763
mine inspector of the district in which the mine is located on	22764
blanks furnished by the division of mineral resources management	22765
for that purpose, and a copy of ~~such~~the report shall be kept on	22766
file at the mine.	22767

(I) Have the fire boss record a report after each	22768
examination, in ink, in the fire boss' record book, which book	22769
shall show the time taken in making the examination and also	22770
clearly state the nature and location of any danger that was	22771
discovered in any room, entry, or other place in the mine, and, if	22772
any danger was discovered, the fire boss shall immediately report	22773
the location thereof to the mine foreperson.	22774

No person shall enter the mine until the fire bosses return	22775
to the mine office on the surface, or to a station located in the	22776
mine, where a record book as provided for in this section shall be	22777
kept and signed by the person making the examination, and report	22778
to the oncoming mine foreperson that the mine is in safe condition	22779
for the employees to enter. When a station is located in any mine,	22780
the fire bosses shall sign also the report entered in the record	22781
book in the mine office on the surface. The record books of the	22782
fire bosses shall at all times during working hours be accessible	22783
to the deputy mine inspector and the employees of the mine.	22784

In every mine generating explosive gas in quantities	22785
sufficient to be detected by an approved flame safety lamp, when	22786
the working portions are one mile or more from the entrance to the	22787
mine or from the bottom of the shaft or slope, a permanent station	22788
of suitable dimensions may be erected by the mine foreperson,	22789
provided that the location is approved by the deputy mine	22790
inspector, for the use of the fire bosses, and a fireproof vault	22791
of ample strength shall be erected in ~~such~~the station of brick,	22792
stone, or concrete, in which the temporary record book of the fire	22793
bosses, as described in this section, shall be kept. No person,	22794
except a mine foreperson of gaseous mines, and in case of	22795
necessity such other persons as are designated by the mine	22796
foreperson, shall pass beyond the permanent station and danger	22797
signal until the mine has been examined by a fire boss, and the	22798
mine or certain portions thereof reported by the fire boss to be	22799
safe.	22800

This section does not prevent a mine foreperson or foreperson	22801
of gaseous mines from being qualified to act and acting in the	22802
capacity of fire boss. The record book shall be supplied by the	22803
division and purchased by the operator.	22804

No mine foreperson or person delegated by the mine	22805
foreperson, or any operator of a mine, or other person, shall	22806
refuse or neglect to comply with this section.	22807

Sec. 1563.28. The ~~man~~worker performing the duties of fire	22808
boss shall, in an approved manner, use a flame safety lamp when	22809
making examinations under this chapter and Chapters ~~1509.,~~ 1561.,	22810
1565., and 1567. and applicable provisions of Chapter 1509. of the	22811
Revised Code. As evidence of such examinations hethe fire boss	22812
shall mark with chalk, upon the face of the coal or in some other	22813
conspicuous place, ~~his~~the fire boss's initials and the date of	22814
the month that ~~such~~the examination is made, and shall fully	22815
comply with all the law relating to gas and ~~his~~the fire boss's	22816
duties as to making such examinations. After making ~~his~~such an	22817
examination and report, prior to employees entering the mine for	22818
the oncoming shift, hethe fire boss who made the examination or	22819
another fire boss shall return to the working places with the	22820
employees at the starting time of the oncoming shift.	22821

No person shall refuse or neglect to comply with this	22822
section.	22823

Sec. 1571.01. As used in this chapter, unless other meaning	22824
is clearly indicated in the context:	22825

(A) "Gas storage reservoir" or "storage reservoir" or	22826
"reservoir" means a continuous area of a subterranean porous sand	22827
or rock stratum or strata, any part of which or of the protective	22828
area of which, is within a coal bearing township, into which gas	22829
is or may be injected for the purpose of storing it therein and	22830
removing it therefrom, or for the purpose of testing whether such	22831
stratum is suitable for such storage purposes.	22832

(B) "Gas" means any natural, manufactured, or by-product gas	22833
or any mixture thereof.	22834

(C) "Reservoir operator" or "operator," when used in	22835
referring to the operator of a gas storage reservoir, means a	22836
person who is engaged in the work of preparing to inject, or who	22837
injects gas into, or who stores gas in, or who removes gas from, a	22838
gas storage reservoir, and who owns the right to do so.	22839

(D)(1) "Boundary," when used in referring to the boundary of	22840
a gas storage reservoir, means the boundary of such reservoir as	22841
shown on the map or maps thereof on file in the division of	22842
~~mineral~~oil and gas resources management as required by this	22843
chapter.	22844

(2) "Boundary," when used in referring to the boundary of a	22845
reservoir protective area, means the boundary of such reservoir	22846
protective area as shown on the map or maps thereof on file in the	22847
division as required by this chapter.	22848

(E) "Reservoir protective area" or "reservoir's protective	22849
area" means the area of land outside the boundary of a gas storage	22850
reservoir shown as such on the map or maps thereof on file in the	22851
division as required by this chapter. The area of land shown on	22852
such map or maps as such reservoir protective area shall be	22853
outside the boundary of such reservoir, and shall encircle such	22854
reservoir and touch all parts of the boundary of such reservoir,	22855
and no part of the outside boundary of such protective area shall	22856
be less than two thousand nor more than five thousand linear feet	22857
distant from the boundary of such reservoir.	22858

(F) "Coal bearing township" means a township designated as a	22859
coal bearing township by the chief of the division of mineral	22860
resources management as required by section 1561.06 of the Revised	22861
Code.	22862

(G) "Coal mine" means the underground excavations of a mine	22863
that are being used or are usable or are being developed for use	22864
in connection with the extraction of coal from its natural deposit	22865
in the earth. "Underground excavations," when used in referring to	22866
the underground excavations of a coal mine, includes the abandoned	22867
underground excavations of such mine. It also includes the	22868
underground excavations of an abandoned coal mine if such	22869
abandoned mine is connected with underground excavations of a coal	22870
mine. "Coal mine" does not mean or include:	22871

(1) A mine in which coal is extracted from its natural	22872
deposit in the earth by strip or open pit mining methods or by	22873
other methods by which individuals are not required to go	22874
underground in connection with the extraction of coal from its	22875
natural deposit in the earth;	22876

(2) A mine in which not more than fourteen individuals are	22877
regularly employed underground.	22878

(H) "Operator," when used in referring to the operator of a	22879
coal mine, means a person who engages in the work of developing	22880
such mine for use in extracting coal from its natural deposit in	22881
the earth, or who so uses such mine, and who owns the right to do	22882
so.	22883

(I) "Boundary," when used in referring to the boundary of a	22884
coal mine, means the boundary of the underground excavations of	22885
such mine as shown on the maps of such mine on file in the	22886
division of mineral resources management as required by sections	22887
1563.03 to 1563.05 and 1571.03 of the Revised Code.	22888

(J) "Mine protective area" or "mine's protective area" means	22889
the area of land that the operator of a coal mine designates and	22890
shows as such on the map or maps of such coal mine filed with the	22891
division as required by sections 1563.03 to 1563.05 and 1571.03 of	22892
the Revised Code. Such area of land shall be outside of the	22893
boundary of such coal mine, but some part of the boundary of such	22894
area of land shall abut upon a part of the boundary of such coal	22895
mine. Such area of land shall be comprised of such tracts of land	22896
in which such coal mine operator owns the right to extract coal	22897
therefrom by underground mining methods and in which underground	22898
excavations of such coal mine are likely to be made within the	22899
ensuing year for use in connection with the extraction of coal	22900
therefrom.	22901

(K) "Pillar" means a solid block of coal or other material	22902
left unmined to support the overlying strata in a coal mine, or to	22903
protect a well.	22904

(L) "Retreat mining" means the removal of pillars and ribs	22905
and stumps and other coal remaining in a section of a coal mine	22906
after the development mining has been completed in such section.	22907

(M) "Linear feet," when used to indicate distance between two	22908
points that are not in the same plane, means the length in feet of	22909
the shortest horizontal line that connects two lines projected	22910
vertically upward or downward from the two points.	22911

(N) "Map" means a graphic representation of the location and	22912
size of the existing or proposed items it is made to represent,	22913
accurately drawn according to a given scale.	22914

(O) "Well" means any hole, drilled or bored, or being drilled	22915
or bored, into the earth, whether for the purpose of, or whether	22916
used for:	22917

(1) Producing or extracting any gas or liquid mineral, or	22918
natural or artificial brines, or oil field waters;	22919

(2) Injecting gas into or removing gas from an underground	22920
gas storage reservoir;	22921

(3) Introducing water or other liquid pressure into an oil	22922
bearing sand to recover oil contained in such sand, provided that	22923
"well" does not mean a hole drilled or bored, or being drilled or	22924
bored, into the earth, whether for the purpose of, or whether used	22925
for, producing or extracting potable water to be used as such.	22926

(P) "Testing" means injecting gas into, or storing gas in or	22927
removing gas from, a gas storage reservoir for the sole purpose of	22928
determining whether such reservoir is suitable for use as a gas	22929
storage reservoir.	22930

(Q) "Casing" means a string or strings of pipe commonly	22931
placed in a well.	22932

(R) "Inactivate" means to shut off temporarily all flow of	22933
gas from a well at a point below the horizon of the coal mine that	22934
might be affected by such flow of gas, by means of a plug or other	22935
suitable device or by injecting water, bentonite, or some other	22936
equally nonporous material into the well, or any other method	22937
approved by ~~the mineral~~an oil and gas resources inspector.	22938

(S) "Gas storage well inspector" means the gas storage well	22939
inspector in the division.	22940

(T) The verb "open" or the noun "opening," when used in	22941
clauses relating to the time when a coal mine operator intends to	22942
open a new coal mine, or the time when a new coal mine is opened,	22943
or the time of the opening of a new coal mine, or when used in	22944
other similar clauses to convey like meanings, means that time and	22945
condition in the initial development of a new coal mine when the	22946
second opening required by section 1563.14 of the Revised Code is	22947
completed in such mine.	22948

Sec. 1571.012. An applicant for the position of gas storage	22949
well inspector shall register the applicant's name with the chief	22950
of the division of oil and gas resources management and file with	22951
the chief an affidavit as to all matters of fact establishing the	22952
applicant's right to take the examination for that position, a	22953
certificate of good character and temperate habits signed by at	22954
least three reputable citizens of the community in which the	22955
applicant resides, and a certificate from a reputable and	22956
disinterested physician as to the physical condition of the	22957
applicant showing that the applicant is physically capable of	22958
performing the duties of the position. The applicant also shall	22959
present evidence satisfactory to the chief that the applicant has	22960
been a resident and citizen of this state for at least two years	22961
next preceding the date of application.	22962

An applicant shall possess the same qualifications as an	22963
applicant for the position of deputy mine inspector established in	22964
section 1561.12 of the Revised Code. In addition, the applicant	22965
shall have practical knowledge and experience of and in the	22966
operation, location, drilling, maintenance, and abandonment of oil	22967
and gas wells, especially in coal or mineral bearing townships,	22968
and shall have a thorough knowledge of the latest and best method	22969
of plugging and sealing abandoned oil and gas wells.	22970

An applicant for gas storage well inspector shall pass an	22971
examination conducted by the chief to determine the applicant's	22972
fitness to act as gas storage well inspector before being eligible	22973
for appointment.	22974

Sec. 1571.013. (A) The chief of the division of oil and gas	22975
resources management shall conduct examinations for the position	22976
of gas storage well inspector. The chief annually shall provide	22977
for the examination of candidates for appointment as gas storage	22978
well inspector. Special examinations may be held whenever it	22979
becomes necessary to make an appointment of gas storage well	22980
inspector.	22981

(B) Public notice shall be given through the press or	22982
otherwise, not less than ten days in advance, announcing the time	22983
and place at which examinations under this section are to be held.	22984

(C) The examinations provided for in this section shall be	22985
conducted in accordance with rules adopted under section 1571.014	22986
of the Revised Code and conditions prescribed by the chief.	22987

Sec. 1571.014. The chief of the division of oil and gas	22988
resources management shall appoint a gas storage well inspector	22989
from the eligible list of candidates for that position that is	22990
prepared under section 124.24 of the Revised Code. If a vacancy	22991
occurs in the position of gas storage well inspector, the chief	22992
shall fill the position by selecting a person from that list.	22993

The chief shall adopt rules in accordance with Chapter 119.	22994
of the Revised Code that are necessary for conducting examinations	22995
for the position of gas storage well inspector.	22996

Sec. 1571.02. (A) Any reservoir operator who, on September	22997
9, 1957, is injecting gas into, storing gas in, or removing gas	22998
from a reservoir shall within sixty days after such date file with	22999
the division of ~~mineral~~oil and gas resources management a map	23000
thereof as described in division (C) of this section, provided	23001
that if a reservoir operator is, on September 9, 1957, injecting	23002
gas into or storing gas in a reservoir solely for testing, the	23003
reservoir operator shall at once file such map with the division.	23004

(B) If the injection of gas into or storage of gas in a gas	23005
storage reservoir is begun after September 9, 1957, the operator	23006
of such reservoir shall file with the division a map thereof as	23007
described in division (C) of this section, on the same day and not	23008
less than three months prior to beginning such injection or	23009
storage.	23010

(C) Each map filed with the division pursuant to this section	23011
shall be prepared by a registered surveyor, registered engineer,	23012
or competent geologist. It shall show both of the following:	23013

(1) The location of the boundary of such reservoir and the	23014
boundary of such reservoir's protective area, and the known fixed	23015
monuments, corner stones, or other permanent markers in such	23016
boundary lines;	23017

(2) The boundary lines of the counties, townships, and	23018
sections or lots that are within the limits of such map, and the	23019
name of each such county and township and the number of each such	23020
section or lot clearly indicated thereon. The legend of the map	23021
shall indicate the stratum or strata in which the gas storage	23022
reservoir is located.	23023

The location of the boundary of the gas storage reservoir as	23024
shown on the map shall be defined by the location of those wells	23025
around the periphery of such reservoir that had no gas production	23026
when drilled into the storage stratum of such reservoir, provided	23027
that if the operator of such reservoir, upon taking into	23028
consideration the number and nature of such wells, the geological	23029
and production knowledge of the storage stratum, its character,	23030
permeability, and distribution, and operating experience,	23031
determines that the location of the boundary of such reservoir	23032
should be differently defined, the reservoir operator may, on such	23033
map, show the boundary of such reservoir to be located at a	23034
location different than the location defined by the location of	23035
those wells around the periphery of such reservoir that had no gas	23036
production when drilled into the storage stratum.	23037

Whenever the operator of a gas storage reservoir determines	23038
that the location of the boundary of such reservoir as shown on	23039
the most recent map thereof on file in the division pursuant to	23040
this section is incorrect, the reservoir operator shall file with	23041
the division an amended map showing the boundary of such reservoir	23042
to be located at the location that the reservoir operator then	23043
considers to be correct.	23044

(D) Each operator of a gas storage reservoir who files with	23045
the division a map as required by this section shall, at the end	23046
of each six-month period following the date of such filing, file	23047
with the division an amended map showing changes, if any, in the	23048
boundary line of such reservoir or of such reservoir's protective	23049
area that have occurred in the six-month period. Nothing in this	23050
division shall be construed to require such a reservoir operator	23051
to file an amended map at the end of any such six-month period if	23052
no such boundary changes have occurred in such period.	23053

An operator of a gas storage reservoir who is required by	23054
this section to file an amended map with the division shall not be	23055
required to so file such an amended map after such time when the	23056
reservoir operator files with the division a map pertaining to	23057
such reservoir, as provided in section 1571.04 of the Revised	23058
Code.	23059

Sec. 1571.03. (A) Every operator of a coal mine who is	23060
required by sections 1563.03 to 1563.05 of the Revised Code, to	23061
file maps of such mine, shall cause to be shown on each of such	23062
maps, in addition to the boundary lines of each tract under which	23063
excavations are likely to be made during the ensuing year, as	23064
referred to in section 1563.03 of the Revised Code:	23065

(1) The boundary of such coal mine in accordance with the	23066
meaning of the term "boundary" ~~when used in referring to the~~	23067
~~boundary of a coal mine, and the term "coal mine" as those terms~~	23068
~~are defined~~ in section 1571.01 of the Revised Code;	23069

(2) The boundary of the mine protective area of such mine.

23070

This division shall not be construed to amend or repeal any	23071
provisions of sections 1563.03 to 1563.05 of the Revised Code,	23072
either by implication or otherwise.	23073

This division is intended only to add to existing statutory	23074
requirements pertaining to the filing of coal mine maps with the	23075
division of mineral resources management, the requirements	23076
established in this division.	23077

(B) Every operator of a coal mine who believes that any part	23078
of the boundary of such mine is within two thousand linear feet of	23079
a well that is drilled through the horizon of such coal mine and	23080
into or through the storage stratum or strata of a gas storage	23081
reservoir within the boundary of such reservoir or within its	23082
protective area, shall at once send notice to that effect by	23083
registered mail to the operator of such reservoir, the division of	23084
mineral resources management, and to the division of oil and gas	23085
resources management.	23086

(C) Every operator of a coal mine who expects that any part	23087
of the boundary of such mine will, on a date after September 9,	23088
1957, be extended beyond its location on such date to a point	23089
within two thousand linear feet of a well that is drilled through	23090
the horizon of such mine and into or through the stratum or strata	23091
of a gas storage reservoir within the boundary of such reservoir	23092
or within its protective area, shall send at least nine months'	23093
notice of such date and of the location of such well by registered	23094
mail to the operator of such reservoir, the division of mineral	23095
resources management, and to the division of oil and gas resources	23096
management. If at the end of three years after the date stated in	23097
the notice by an operator of a coal mine to an operator of a	23098
storage reservoir as the date upon which part of the boundary of	23099
such coal mine is expected to be extended to a point within two	23100
thousand linear feet of such well, no part of such coal mine is so	23101
extended, the operator of such coal mine shall be liable to the	23102
operator of such storage reservoir for all expenses incurred by	23103
such reservoir operator in doing the plugging or reconditioning of	23104
such well as the reservoir operator is required to do in such	23105
cases as provided in section 1571.05 of the Revised Code. Such	23106
mine operator shall in no event be liable to such reservoir	23107
operator:	23108

(1) For expenses of plugging or reconditioning such well	23109
incurred prior to receipt by such reservoir operator from such	23110
mine operator of a notice as provided for in this division;	23111

(2) For any expenses of plugging or reconditioning such well	23112
if any part of the work of plugging or reconditioning was	23113
commenced prior to receipt by such reservoir operator from such	23114
mine operator of a notice as provided for in this division.	23115

(D) If a person intends to open a new coal mine after	23116
September 9, 1957, and if at the time of its opening any part of	23117
the boundary of such mine will be within two thousand linear feet	23118
of a well that is drilled through the horizon of such mine and	23119
into or through the storage stratum or strata of a gas storage	23120
reservoir within the boundary of such reservoir or within its	23121
protective area, such person shall send by registered mail to the	23122
operator of such storage reservoir, the division of mineral	23123
resources management, and to the division of oil and gas resources	23124
management at least nine months' notice of the date upon which the	23125
person intends to open such mine, and of the location of such	23126
well. If at the end of nine months after the date stated in the	23127
notice by an operator of a coal mine to an operator of a storage	23128
reservoir, the division of mineral resources management, and to	23129
the division of oil and gas resources management, as the date upon	23130
which such coal mine operator intends to open such new mine, such	23131
new mine is not opened, the operator of such coal mine shall be	23132
liable to the operator of such storage reservoir for all expenses	23133
incurred by such reservoir operator in doing the plugging or	23134
reconditioning of such well as the reservoir operator is required	23135
to do in such cases as provided in section 1571.05 of the Revised	23136
Code, provided:	23137

(1) That such mine operator may, prior to the end of nine	23138
months after the date stated in such mine operator's notice to	23139
such reservoir operator, the division of mineral resources	23140
management, and the division of oil and gas resources management	23141
as the date upon which the mine operator intended to open such new	23142
mine, notify such reservoir operator, the division of mineral	23143
resources management, and the division of oil and gas resources	23144
management in writing by registered mail, that the opening of such	23145
new mine will be delayed beyond the end of such nine-month period	23146
of time, and that the mine operator requests that a conference be	23147
held as provided in section 1571.10 of the Revised Code for the	23148
purpose of endeavoring to reach an agreement establishing a date	23149
subsequent to the end of such nine-month period of time, on or	23150
before which such mine operator may open such new mine without	23151
being liable to pay such reservoir operator expenses incurred by	23152
such reservoir operator in plugging or reconditioning such well as	23153
in this division provided;	23154

(2) That if such mine operator sends to such reservoir	23155
operator, the division of mineral resources management, and to the	23156
division of oil and gas resources management a notice and request	23157
for a conference as provided in division (D)(1) of this section,	23158
such mine operator shall not be liable to pay such reservoir	23159
operator for expenses incurred by such reservoir operator in	23160
plugging and reconditioning such well, unless such mine operator	23161
fails to open such new mine within the period of time fixed by an	23162
approved agreement reached in such conference, or fixed by an	23163
order by the chief of the division of ~~mineral~~oil and gas	23164
resources management upon a hearing held in the matter in the	23165
event of failure to reach an approved agreement in the	23166
conference;. After issuing an order under this division, the chief	23167
shall notify the chief of the division of mineral resources	23168
management and send a copy of the order to the chief.	23169

(3) That such mine operator shall in no event be liable to	23170
such reservoir operator:	23171

(a) For expense of plugging or reconditioning such well	23172
incurred prior to the receipt by such reservoir operator from such	23173
mine operator of the notice of the date upon which such mine	23174
operator intends to open such new mine;	23175

(b) For any expense of plugging or reconditioning such well	23176
if any part of the work of plugging or reconditioning was	23177
commenced prior to receipt by such reservoir operator from such	23178
mine operator of such notice.	23179

Sec. 1571.04. (A) Upon the filing of each map or amended map	23180
with the division of ~~mineral~~oil and gas resources management by	23181
operators of gas storage reservoirs as required by this chapter,	23182
and each coal mine map with the division of mineral resources	23183
management as required by sections 1563.03 to 1563.05 and division	23184
(A) of section 1571.03 of the Revised Code, the gas storage well	23185
inspector shall cause an examination to be made of all maps on	23186
file in ~~the division~~those divisions as the gas storage well	23187
inspector may deem necessary to ascertain whether any part of a	23188
reservoir protective area as shown on any such map is within ten	23189
thousand linear feet of any part of the boundary of a coal mine as	23190
shown on any such map. If, upon making that examination, the gas	23191
storage well inspector finds that any part of such a reservoir	23192
protective area is within ten thousand linear feet of any part of	23193
the boundary of such a coal mine, the gas storage well inspector	23194
shall promptly send by registered mail notice to that effect to	23195
the operator of the reservoir and to the operator of the coal	23196
mine.	23197

(B) Within sixty days after receipt by an operator of a gas	23198
storage reservoir of a notice from the gas storage well inspector	23199
under division (A) of this section, such operator shall file on	23200
the same day with both the division ~~a map~~of mineral resources	23201
management and the division of oil and gas resources management	23202
identical maps prepared by a registered surveyor, registered	23203
engineer, or competent geologist, which shall do all of the	23204
following:	23205

(1) Indicate the stratum or strata in which such gas storage	23206
reservoir is located;	23207

(2) Show the location of the boundary of the reservoir and	23208
the boundary of its protective area, and the known fixed	23209
monuments, corner stones, or other permanent markers in such	23210
boundary lines;	23211

(3) Show the boundary lines of the counties, townships, and	23212
sections or lots that are within the limits of such maps, and the	23213
name of each such county and township and the number of each such	23214
section or lot clearly indicated thereon;	23215

(4) Show the location of all oil or gas wells known to the	23216
operator of such reservoir that have been drilled within the	23217
boundary of the reservoir or within its protective area, and	23218
indicate which of such wells, if any, have been or are to be	23219
plugged or reconditioned for use in the operation of such	23220
reservoir.	23221

The location of the boundary of the gas storage reservoir as	23222
shown on the maps shall be defined by the location of those wells	23223
around the periphery of the reservoir that had no gas production	23224
when drilled into the storage stratum of the reservoir, provided	23225
that, if the operator of the reservoir, upon taking into	23226
consideration the number and nature of such wells, the geological	23227
and production knowledge of the storage stratum, its character,	23228
permeability, and distribution, and operating experience,	23229
determines that the location of the boundary of the reservoir	23230
should be differently defined, the reservoir operator may, on the	23231
maps, show the boundary of the reservoir to be located at a	23232
location different from the location defined by the location of	23233
those wells around the periphery of the reservoir that had no gas	23234
production when drilled into the storage stratum.	23235

(C) Any coal mine operator who receives from the gas storage	23236
well inspector a copy of a map as provided by division (E) of this	23237
section may request the gas storage well inspector to furnish the	23238
coal mine operator with:	23239

(1) The name of the original operator of any well shown on	23240
such map;	23241

(2) The date drilling of such well was completed;

23242

(3) The total depth of such well;

23243

(4) The depth at which oil or gas was encountered in such	23244
well if it was productive of oil or gas;	23245

(5) The initial rock pressure of such well;

23246

(6) A copy of the log of the driller of such well or other	23247
similar data;	23248

(7) The location of such well in respect to the property	23249
lines of the tract of land on which it is located;	23250

(8) A statement as to whether the well is inactive or active:

23251

(a) If inactive, the date of plugging and other pertinent	23252
data;	23253

(b) If active, whether it is being used for test purposes or	23254
storage purposes;.	23255

(9) A statement of the maximum injection pressure	23256
contemplated by the operator of the reservoir shown on such map.	23257

Upon receipt of such a request, the gas storage well	23258
inspector shall promptly furnish the coal mine operator the	23259
information requested. If the information is not ascertainable	23260
from the files in the division of oil and gas resources	23261
management, the gas storage well inspector shall request the	23262
reservoir operator to furnish the division with such information	23263
to the extent that the reservoir operator has knowledge thereof.	23264
Upon receipt of such a request, the reservoir operator shall	23265
promptly furnish such information to the division. Thereupon the	23266
gas storage well inspector shall promptly transmit such	23267
information to the mine operator who requested it.	23268

Whenever the operator of a gas storage reservoir determines	23269
that the location of the boundary of the reservoir as shown on the	23270
most recent map thereof on file in the division pursuant to this	23271
section is incorrect, the reservoir operator shall file with the	23272
division an amended map showing the boundary of the reservoir to	23273
be located at the location that the reservoir operator then	23274
considers to be correct.	23275

(D) Each operator of a gas storage reservoir who files ~~a map~~	23276
with the division of mineral resources management and the division	23277
of oil and gas resources management maps as required by this	23278
section shall, at the end of each six-month period following the	23279
date of such filing, file with ~~the~~each division anidentical	23280
amended ~~map~~maps showing changes in the boundary line of the	23281
reservoir or of the reservoir's protective area that have occurred	23282
in the six-month period, and further showing or describing any	23283
other occurrences within that six-month period that cause the most	23284
recent ~~map~~maps on file and pertaining to the reservoir to no	23285
longer be correct. Nothing in this division shall be construed to	23286
require such a reservoir operator to file an amended map at the	23287
end of any such six-month period if no boundary changes or other	23288
occurrences have occurred in that period. The operator of the	23289
reservoir shall also file with the division of mineral resources	23290
management and the division of oil and gas resources management,	23291
subsequent to the filing of ~~a map~~maps as provided for in division	23292
(B) of this section, a statement whenever changing the maximum	23293
injection pressure is contemplated, stating for each affected well	23294
within the boundary of the reservoir or its protective area, the	23295
amount of change of injection pressure contemplated. The location	23296
or drilling of new wells or the abandonment or reconditioning of	23297
wells shall not be considered to be occurrences requiring the	23298
filing of an amended map or statement.	23299

(E) Promptly upon the filing with the division of oil and gas	23300
resources management of a map or an amended map pertaining to a	23301
gas storage reservoir under this section, the gas storage well	23302
inspector shall send by registered mail to the operator of the	23303
coal mine a part of the boundary of which is within ten thousand	23304
linear feet of any part of the boundary of the reservoir or of the	23305
outside boundary of the reservoir's protective area, notice of the	23306
filing together with a copy of the map.	23307

(F) When the operator of a gas storage reservoir files with	23308
the division ~~a map~~of mineral resources management and the	23309
division of oil and gas resources management maps or an amended	23310
~~map~~maps under this section, the reservoir operator shall file as	23311
many copies of the ~~map~~maps as ~~the~~each division may require for	23312
its files and as are needed for sending a copy to each coal mine	23313
operator under division (E) of this section.	23314

Sec. 1571.05. (A) Whenever any part of a gas storage	23315
reservoir or any part of its protective area underlies any part of	23316
a coal mine, or is, or within nine months is expected or intended	23317
to be, within two thousand linear feet of the boundary of a coal	23318
mine that is operating in a coal seam any part of which extends	23319
over any part of the storage reservoir or its protective area, the	23320
operator of the reservoir, if the reservoir operator or some other	23321
reservoir operator has not theretofore done so, shall:	23322

(1) Use every known method that is reasonable under the	23323
circumstance for discovering and locating all wells drilled within	23324
the area of the reservoir or its protective area that underlie any	23325
part of the coal mine or its protective area;	23326

(2) Plug or recondition all known wells drilled within the	23327
area of the reservoir or its protective area that underlie any	23328
part of the coal mine.	23329

(B) Whenever an operator of a gas storage reservoir is	23330
notified by the operator of a coal mine, as provided in division	23331
(B) of section 1571.03 of the Revised Code, that the coal mine	23332
operator believes that part of the boundary of the mine is within	23333
two thousand linear feet of a well that is drilled through the	23334
horizon of the coal mine and into or through the storage stratum	23335
or strata of the reservoir within the boundary of the reservoir or	23336
within its protective area, the reservoir operator shall plug or	23337
recondition the well as in this section prescribed, unless it is	23338
agreed in a conference or is ordered by the chief of the division	23339
of ~~mineral~~oil and gas resources management after a hearing, as	23340
provided in section 1571.10 of the Revised Code, that the well	23341
referred to in the notice is not such a well as is described in	23342
division (B) of section 1571.03 of the Revised Code.	23343

Whenever an operator of a gas storage reservoir is notified	23344
by the operator of a coal mine as provided in division (C) or (D)	23345
of section 1571.03 of the Revised Code, that part of the boundary	23346
of the mine is, or within nine months is intended or expected to	23347
be, within two thousand linear feet of a well that is drilled	23348
through the horizon of the mine and into or through the storage	23349
stratum or strata of the reservoir within the boundary of the	23350
reservoir or within its protective area, the reservoir operator	23351
shall plug or recondition the well as in this section prescribed.	23352

Whenever the operator of a coal mine considers that the use	23353
of a well such as in this section described, if used for injecting	23354
gas into, or storing gas in, or removing gas from, a gas storage	23355
reservoir, would be hazardous to the safety of persons or property	23356
on or in the vicinity of the premises of the coal mine or the	23357
reservoir or well, the coal mine operator may file with the	23358
division objections to the use of the well for such purposes, and	23359
a request that a conference be held as provided in section 1571.10	23360
of the Revised Code, to discuss and endeavor to resolve by mutual	23361
agreement whether or not the well shall or shall not be used for	23362
such purposes, and whether or not the well shall be reconditioned,	23363
inactivated, or plugged. The request shall set forth the mine	23364
operator's reasons for such objections. If no approved agreement	23365
is reached in the conference, the gas storage well inspector shall	23366
within ten days after the termination of the conference, file with	23367
the chief a request that the chief hear and determine the matters	23368
considered at the conference as provided in section 1571.10 of the	23369
Revised Code. Upon conclusion of the hearing, the chief shall find	23370
and determine whether or not the safety of persons or of the	23371
property on or in the vicinity of the premises of the coal mine,	23372
or the reservoir, or the well requires that the well be	23373
reconditioned, inactivated, or plugged, and shall make an order	23374
consistent with that determination, provided that the chief shall	23375
not order a well plugged unless the chief first finds that there	23376
is underground leakage of gas therefrom.	23377

The plugging or reconditioning of each well described in a	23378
notice from a coal mine operator to a reservoir operator as	23379
provided in division (B) of section 1571.03 of the Revised Code,	23380
which must be plugged or reconditioned, shall be completed within	23381
such time as the gas storage well inspector may fix in the case of	23382
each such well. The plugging or reconditioning of each well	23383
described in a notice from a coal mine operator to a reservoir	23384
operator as provided in division (C) of section 1571.03 of the	23385
Revised Code, which must be plugged or reconditioned, shall be	23386
completed by the time the well, by reason of the extension of the	23387
boundary of the coal mine, is within two thousand linear feet of	23388
any part of the boundary of the mine. The plugging or	23389
reconditioning of each well described in a notice from a coal mine	23390
operator to a reservoir operator, as provided in division (D) of	23391
section 1571.03 of the Revised Code, which must be plugged or	23392
reconditioned, shall be completed by the time the well, by reason	23393
of the opening of the new mine, is within two thousand linear feet	23394
of any part of the boundary of the new mine. A reservoir operator	23395
who is required to complete the plugging or reconditioning of a	23396
well within a period of time fixed as in this division prescribed,	23397
may prior to the end of that period of time, notify the division	23398
and the mine operator from whom the reservoir operator received a	23399
notice as provided in division (B), (C), or (D) of section 1571.03	23400
of the Revised Code, in writing by registered mail, that the	23401
completion of the plugging or reconditioning of the well referred	23402
to in the notice will be delayed beyond the end of the period of	23403
time fixed therefor as in this section provided, and that the	23404
reservoir operator requests that a conference be held for the	23405
purpose of endeavoring to reach an agreement establishing a date	23406
subsequent to the end of that period of time, on or before which	23407
the reservoir operator may complete the plugging or reconditioning	23408
without incurring any penalties for failure to do so as provided	23409
in this chapter. If such a reservoir operator sends to such a mine	23410
operator and to the division a notice and request for a conference	23411
as in this division provided, the reservoir operator shall not	23412
incur any penalties for failure to complete the plugging or	23413
reconditioning of the well within the period of time fixed as in	23414
this division prescribed, unless the reservoir operator fails to	23415
complete the plugging or reconditioning of the well within the	23416
period of time fixed by an approved agreement reached in the	23417
conference, or fixed by an order by the chief upon a hearing held	23418
in the matter in the event of failure to reach an approved	23419
agreement in the conference.	23420

Whenever, in compliance with this division, a well is to be	23421
plugged by a reservoir operator, the operator shall give to the	23422
division notice thereof, as many days in advance as will be	23423
necessary for the gas storage well inspector or a deputy mine	23424
inspector to be present at the plugging. The notification shall be	23425
made on blanks furnished by the division and shall show the	23426
following information:	23427

(1) Name and address of the applicant;

23428

(2) The location of the well identified by section or lot	23429
number, city or village, and township and county;	23430

(3) The well name and number of each well to be plugged.

23431

(C) The operator shall give written notice at the same time	23432
to the owner of the land upon which the well is located, the	23433
owners or agents of the adjoining land, and adjoining well owners	23434
or agents of the operator's intention to abandon the well, and of	23435
the time when the operator will be prepared to commence plugging	23436
and filling the same. In addition to giving such notices, the	23437
reservoir operator shall also at the same time send a copy of the	23438
notice by registered mail to the coal mine operator, if any, who	23439
sent to the reservoir operator the notice as provided in division	23440
(B), (C), or (D) of section 1571.03 of the Revised Code, in order	23441
that the coal mine operator or the coal mine operator's designated	23442
representative may attend and observe the manner in which the	23443
plugging of the well is done.	23444

If the reservoir operator plugs the well without anthe gas	23445
storage well inspector ~~from the division~~or a deputy mine	23446
inspector being present to supervise the plugging, the reservoir	23447
operator shall send to the division and to the coal mine operator	23448
a copy of the report of the plugging of the well, including in the	23449
report:	23450

(1) The date of abandonment;

23451

(2) The name of the owner or operator of the well at the time	23452
of abandonment and the well owner's or operator's post office	23453
address;	23454

(3) The location of the well as to township and county and	23455
the name of the owner of the surface upon which the well is	23456
drilled, with the address thereof;	23457

(4) The date of the permit to drill;

23458

(5) The date when drilled;

23459

(6) Whether the well has been mapped;

23460

(7) The depth of the well;

23461

(8) The depth of the top of the sand to which the well was	23462
drilled;	23463

(9) The depth of each seam of coal drilled through;

23464

(10) A detailed report as to how the well was plugged, giving	23465
in particular the manner in which the coal and various sands were	23466
plugged, and the date of the plugging of the well, including	23467
therein the names of those who witnessed the plugging of the well.	23468

The report shall be signed by the operator or the operator's	23469
agent who plugged the well and verified by the oath of the party	23470
so signing. For the purposes of this section, a deputy mine	23471
inspector may take acknowledgements and administer oaths to the	23472
parties signing the report.	23473

Whenever, in compliance with this division, a well is to be	23474
reconditioned by a reservoir operator, the operator shall give to	23475
the division notice thereof as many days before the reconditioning	23476
is begun as will be necessary for the gas storage well inspector,	23477
or a deputy mine inspector, to be present at the reconditioning.	23478
No well shall be reconditioned if an inspector of the division is	23479
not present unless permission to do so has been granted by the	23480
chief. The reservoir operator, at the time of giving notice to the	23481
division as in this section required, also shall send a copy of	23482
the notice by registered mail to the coal mine operator, if any,	23483
who sent to the reservoir operator the notice as provided in	23484
division (B), (C), or (D) of section 1571.03 of the Revised Code,	23485
in order that the coal mine operator or the coal mine operator's	23486
designated representative may attend and observe the manner in	23487
which the reconditioning of the well is done.	23488

If the reservoir operator reconditions the well when nothe	23489
gas storage well inspector ~~of the division~~or a deputy mine	23490
inspector is not present to supervise the reconditioning, the	23491
reservoir operator shall make written report to the division	23492
describing the manner in which the reconditioning was done, and	23493
shall send to the coal mine operator a copy of the report by	23494
registered mail.	23495

(D) Wells that are required by this section to be plugged	23496
shall be plugged in the manner specified in sections 1509.13 to	23497
1509.17 of the Revised Code, and the operator shall give the	23498
notifications and reports required by divisions (B) and (C) of	23499
this section. No such well shall be plugged or abandoned without	23500
the written approval of the division, and no such well shall be	23501
mudded, plugged, or abandoned without the gas storage well	23502
inspector or a deputy mine inspector present unless written	23503
permission has been granted by the chief or the gas storage well	23504
inspector. For purposes of this section, the chief of the division	23505
of mineral resources management has the authority given the chief	23506
of the division of oil and gas resources management in sections	23507
1509.15 and 1509.17 of the Revised Code. If such a well has been	23508
plugged prior to the time plugging thereof is required by this	23509
section, and, on the basis of the data, information, and other	23510
evidence available it is determined that the plugging was done in	23511
the manner required by this section, or was done in accordance	23512
with statutes prescribing the manner of plugging wells in effect	23513
at the time the plugging was done, and that there is no evidence	23514
of leakage of gas from the well either at or below the surface,	23515
and that the plugging is sufficiently effective to prevent the	23516
leakage of gas from the well, the obligations imposed upon the	23517
reservoir operator by this section as to plugging the well shall	23518
be considered fully satisfied. The operator of a coal mine any	23519
part of the boundary of which is, or within nine months is	23520
expected or intended to be, within two thousand linear feet of the	23521
well may at any time raise a question as to whether the plugging	23522
of the well is sufficiently effective to prevent the leakage of	23523
gas therefrom, and the issue so made shall be determined by a	23524
conference or hearing as provided in section 1571.10 of the	23525
Revised Code.	23526

(E) Wells that are to be reconditioned as required by this	23527
section shall be, or shall be made to be:	23528

(1) Cased in accordance with the statutes of this state in	23529
effect at the time the wells were drilled, with the casing being,	23530
or made to be, sufficiently effective in that there is no evidence	23531
of any leakage of gas therefrom;	23532

(2) Equipped with a producing string and well head composed	23533
of new pipe, or pipe as good as new, and fittings designed to	23534
operate with safety and to contain the stored gas at maximum	23535
pressures contemplated.	23536

When a well that is to be reconditioned as required by this	23537
section has been reconditioned for use in the operation of the	23538
reservoir prior to the time prescribed in this section, and on the	23539
basis of the data, information, and other evidence available it is	23540
determined that at the time the well was so reconditioned the	23541
requirements prescribed in this division were met, and that there	23542
is no evidence of underground leakage of gas from the well, and	23543
that the reconditioning is sufficiently effective to prevent	23544
underground leakage from the well, the obligations imposed upon	23545
the reservoir operator by this section as to reconditioning the	23546
well shall be considered fully satisfied. Any operator of a coal	23547
mine any part of the boundary of which is, or within nine months	23548
is expected or intended to be, within two thousand linear feet of	23549
the well may at any time raise a question as to whether the	23550
reconditioning of the well is sufficiently effective to prevent	23551
underground leakage of gas therefrom, and the issue so made shall	23552
be determined by a conference or hearing as provided in section	23553
1571.10 of the Revised Code.	23554

If the gas storage well inspector at any time finds that a	23555
well that is drilled through the horizon of a coal mine and into	23556
or through the storage stratum or strata of a reservoir within the	23557
boundary of the reservoir or within its protective area is located	23558
within the boundary of the coal mine or within two thousand linear	23559
feet of the mine boundary, and was drilled prior to the time the	23560
statutes of this state required that wells be cased, and that the	23561
well fails to meet the casing and equipping requirements	23562
prescribed in this division, the gas storage well inspector shall	23563
promptly notify the operator of the reservoir thereof in writing,	23564
and the reservoir operator upon receipt of the notice shall	23565
promptly recondition the well in the manner prescribed in this	23566
division for reconditioning wells, unless, in a conference or	23567
hearing as provided in section 1571.10 of the Revised Code, a	23568
different course of action is agreed upon or ordered.	23569

(F)(1) When a well within the boundary of a gas storage	23570
reservoir or within the reservoir's protective area penetrates the	23571
storage stratum or strata of the reservoir, but does not penetrate	23572
the coal seam within the boundary of a coal mine, the gas storage	23573
well inspector may, upon application of the operator of the	23574
storage reservoir, exempt the well from the requirements of this	23575
section. Either party affected by the action of the gas storage	23576
well inspector may request a conference and hearing with respect	23577
to the exemption.	23578

(2) When a well located within the boundary of a storage	23579
reservoir or a reservoir's protective area is a producing well in	23580
a stratum above or below the storage stratum, the obligations	23581
imposed by this section shall not begin until the well ceases to	23582
be a producing well.	23583

(G) When retreat mining reaches a point in a coal mine when	23584
the operator of the mine expects that within ninety days retreat	23585
work will be at the location of a pillar surrounding an active	23586
storage reservoir well, the operator of the mine shall promptly	23587
send by registered mail notice to that effect to the operator of	23588
the reservoir. Thereupon the operators may by agreement determine	23589
whether it is necessary or advisable to temporarily inactivate the	23590
well. If inactivated, the well shall not be reactivated until a	23591
reasonable period of time has elapsed, such period of time to be	23592
determined by agreement by the operators. In the event that the	23593
parties cannot agree upon either of the foregoing matters, the	23594
question shall be submitted to the gas storage well inspector for	23595
a conference in accordance with section 1571.10 of the Revised	23596
Code.	23597

(H)(1) The provisions of this section that require the	23598
plugging or reconditioning of wells shall not apply to such wells	23599
as are used to inject gas into, store gas in, or remove gas from a	23600
gas storage reservoir when the sole purpose of the injection,	23601
storage, or removal is testing. The operator of a gas storage	23602
reservoir who injects gas into, stores gas in, or removes gas from	23603
a reservoir for the sole purpose of testing shall be subject to	23604
all other provisions of this chapter that are applicable to	23605
operators of reservoirs.	23606

(2) If the injection of gas into, or storage of gas in, a gas	23607
storage reservoir any part of which, or of the protective area of	23608
which, is within the boundary of a coal mine is begun after	23609
September 9, 1957, and if the injection or storage of gas is for	23610
the sole purpose of testing, the operator of the reservoir shall	23611
send by registered mail to the operator of the coal mine, the	23612
division of oil and gas resources management, and to the division	23613
of mineral resources management at least sixty days' notice of the	23614
date upon which the testing will be begun.	23615

If at any time within the period of time during which testing	23616
of a reservoir is in progress, any part of the reservoir or of its	23617
protective area comes within any part of the boundary of a coal	23618
mine, the operator of the reservoir shall promptly send notice to	23619
that effect by registered mail to the operator of the mine, the	23620
division of oil and gas resources management, and to the division	23621
of mineral resources management.	23622

(3) Any coal mine operator who receives a notice as provided	23623
for in division (H)(2) of this section may within thirty days of	23624
the receipt thereof file with the division objections to the	23625
testing. The gas storage well inspector also may, within the time	23626
within which a coal mine operator may file an objection, place in	23627
the files of the division objections to the testing. The reservoir	23628
operator shall comply throughout the period of the testing	23629
operations with all conditions and requirements agreed upon and	23630
approved in the conference on such objections conducted as	23631
provided in section 1571.10 of the Revised Code, or in an order	23632
made by the chief following a hearing in the matter as provided in	23633
section 1571.10 of the Revised Code. If in complying with the	23634
agreement or order either the reservoir operator or the coal mine	23635
operator encounters or discovers conditions that were not known to	23636
exist at the time of the conference or hearing and that materially	23637
affect the agreement or order, or the ability of the reservoir	23638
operator to comply therewith, either operator may apply for a	23639
rehearing or modification of the order.	23640

(I) In addition to complying with all other provisions of	23641
this chapter and any lawful orders issued thereunder, the operator	23642
of each gas storage reservoir shall keep all wells drilled into or	23643
through the storage stratum or strata within the boundary of the	23644
operator's reservoir or within the reservoir's protective area in	23645
such condition, and operate the same in such manner, as to prevent	23646
the escape of gas therefrom into any coal mine, and shall operate	23647
and maintain the storage reservoir and its facilities in such	23648
manner and at such pressures as will prevent gas from escaping	23649
from the reservoir or its facilities into any coal mine.	23650

Sec. 1571.06. (A) Distances between boundaries of gas	23651
storage reservoirs, reservoir protective areas, coal mines, coal	23652
mine protective areas, and wells, as shown on the most recent maps	23653
of storage reservoirs and of coal mines filed with the division of	23654
oil and gas resources management or the division of mineral	23655
resources management as required by this chapter and sections	23656
1563.03 to 1563.05 of the Revised Code, may be accepted and relied	23657
upon as being accurate and correct, by operators of coal mines and	23658
operators of reservoirs. Data, statements, and reports filed with	23659
~~the~~either division as required by this chapter and sections	23660
1563.03 to 1563.05 of the Revised Code may be likewise accepted	23661
and relied upon. However, the gas storage well inspector or any	23662
reservoir operator or coal mine operator, or any other person	23663
having a direct interest in the matter, may at any time question	23664
the accuracy or correctness of any map, data, statement, or report	23665
so filed, with ~~the~~either division by notifying ~~the division~~both	23666
divisions thereof in writing. Such notice shall state the reasons	23667
why the question is raised. When any such notice is so filed, the	23668
gas storage well inspector shall proceed promptly to hold a	23669
conference on the question thus raised, as provided in section	23670
1571.10 of the Revised Code.	23671

(B) If, in any proceeding under this chapter, the accuracy or	23672
correctness of any map, data, statement, or report, filed by any	23673
person pursuant to the requirements of this chapter is in	23674
question, the person so filing the same shall have the burden of	23675
proving the accuracy or correctness thereof.	23676

(C) The operator of a gas storage reservoir shall, at all	23677
reasonable times, be permitted to inspect the premises and	23678
facilities of any coal mine any part of the boundary of which is	23679
within any part of the boundary of such gas storage reservoir or	23680
within its protective area, and the operator of a coal mine shall,	23681
at all reasonable times, be permitted to inspect the premises and	23682
facilities of any gas storage reservoir any part of the boundary	23683
of which or any part of the protective area of which is within the	23684
boundary of such coal mine. In the event that either such	23685
reservoir operator or such coal mine operator denies permission to	23686
make any such inspection, the chief of the division of ~~mineral~~oil	23687
and gas resources management on the chief's own motion, or on an	23688
application by the operator desiring to make such inspection, upon	23689
a hearing thereon if requested by either operator, after	23690
reasonable notice of such hearing, may make an order providing for	23691
such inspection.	23692

Sec. 1571.08. (A) Whenever in this chapter, the method or	23693
material to be used in discharging any obligations imposed by this	23694
chapter is specified, an alternative method or material may be	23695
used if approved by the gas storage well inspector or the chief of	23696
the division of ~~mineral~~oil and gas resources management. A person	23697
desiring to use such alternative method or material shall file	23698
with the division of ~~mineral~~oil and gas resources management an	23699
application for permission to do so. Such application shall	23700
describe such alternative method or material in reasonable detail.	23701
The gas storage well inspector shall promptly send by registered	23702
mail notice of the filing of such application to any coal mine	23703
operator or reservoir operator whose mine or reservoir may be	23704
directly affected thereby. Any such coal mine operator or	23705
reservoir operator may within ten days following receipt of such	23706
notice, file with the division objections to such application. The	23707
gas storage well inspector may also file with the division an	23708
objection to such application at any time during which coal mine	23709
operators or reservoir operators are permitted to file objections.	23710
If no objections are filed within the ten-day period of time, the	23711
gas storage well inspector shall thereupon issue a permit	23712
approving the use of such alternative method or material. If any	23713
such objections are filed by any coal mine operator or reservoir	23714
operator, or by the gas storage well inspector, the question as to	23715
whether or not the use of such alternative method or material, or	23716
a modification thereof is approved, shall be determined by a	23717
conference or hearing as provided in section 1571.10 of the	23718
Revised Code.	23719

(B) Whenever in this chapter, provision is made for the	23720
filing of objections with the division, such objections shall be	23721
in writing and shall state as definitely as is reasonably possible	23722
the reasons for such objections. Upon the filing of any such	23723
objection the gas storage well inspector shall promptly fix the	23724
time and place for holding a conference for the purpose of	23725
discussing and endeavoring to resolve by mutual agreement the	23726
issue raised by such objection. The gas storage well inspector	23727
shall send written notice thereof by registered mail to each	23728
person having a direct interest therein. Thereupon the issue made	23729
by such objection shall be determined by a conference or hearing	23730
in accordance with the procedures for conferences and hearings as	23731
provided in section 1571.10 of the Revised Code.	23732

Sec. 1571.09. (A) The chief of the division of ~~mineral~~oil	23733
and gas resources management or any officer or employee of the	23734
division thereunto duly authorized by the chief may investigate,	23735
inspect, or examine records and facilities of any coal mine	23736
operator or reservoir operator, for the purpose of determining the	23737
accuracy or correctness of any map, data, statement, report, or	23738
other item or article, filed with or otherwise received by the	23739
division pursuant to this chapter. When a material question is	23740
raised by any reservoir operator or coal mine operator as to the	23741
accuracy or correctness of any such map, data, statement, report,	23742
or other item or article, which may directly affect the reservoir	23743
operator or coal mine operator, the matter shall be determined by	23744
a conference or hearing as provided in section 1571.10 of the	23745
Revised Code.	23746

(B) The division of ~~mineral~~oil and gas resources management	23747
shall keep all maps, data, statements, reports, well logs,	23748
notices, or other items or articles filed with or otherwise	23749
received by it pursuant to this chapter in a safe place and	23750
conveniently accessible to persons entitled to examine them. It	23751
shall maintain indexes of all such items and articles so that any	23752
of them may be promptly located. None of such items or articles	23753
shall be open to public inspection, but: (1) any of such items or	23754
articles pertaining to a mine may be examined by: the operator,	23755
owner, lessee, or agent of such mine; persons financially	23756
interested in such mine; owners of land adjoining such mine; the	23757
operator, owner, lessee, or agent of a mine adjoining such mine;	23758
authorized representatives of the persons employed to work in such	23759
mine; the operator of a gas storage reservoir any part of the	23760
boundary of which or of the boundary of its protective area is	23761
within ten thousand linear feet of the boundary of such mine, or	23762
the agent of such reservoir operator thereunto authorized by such	23763
reservoir operator; or any employee of the division of geological	23764
survey in the department of natural resources thereunto duly	23765
authorized by the chief of that division; and (2) any of such	23766
items or articles pertaining to a gas storage reservoir may be	23767
examined by: the operator of such reservoir; the operator of a	23768
coal mine any part of the boundary of which is within ten thousand	23769
linear feet of the boundary of a gas storage reservoir or of the	23770
boundary of its protective area, or the agent of such mine	23771
operator thereunto authorized by such mine operator, or the	23772
authorized representatives of the persons employed to work in such	23773
mine; or any employee of the division of geological survey	23774
thereunto duly authorized by the chief of that division. The	23775
division of ~~mineral~~oil and gas resources management shall not	23776
permit any of such items or articles to be removed from its	23777
office, and it shall not furnish copies of any such items or	23778
articles to any person other than as provided in this chapter.	23779

The division shall keep a docket of all proceedings arising	23780
under this chapter, in which shall be entered the dates of any	23781
notice received or issued, the names of all persons to whom it	23782
sends a notice, and the address of each, the dates of conferences	23783
and hearings, and all findings, determinations, decisions,	23784
rulings, and orders, or other actions by the division.	23785

(C) Whenever any provision of this chapter requires the	23786
division to give notice to the operator of a coal mine of any	23787
proceeding to be held pursuant to this chapter, the division shall	23788
simultaneously give a copy of such notice to the authorized	23789
representatives of the persons employed to work in such mine.	23790

Sec. 1571.10. (A) The gas storage well inspector or any	23791
person having a direct interest in the administration of this	23792
chapter may at any time file with the division of ~~mineral~~oil and	23793
gas resources management a written request that a conference be	23794
held for the purpose of discussing and endeavoring to resolve by	23795
mutual agreement any question or issue relating to the	23796
administration of this chapter, or to compliance with its	23797
provisions, or to any violation thereof. Such request shall	23798
describe the matter concerning which the conference is requested.	23799
Thereupon the gas storage well inspector shall promptly fix the	23800
time and place for the holding of such conference and shall send	23801
written notice thereof to each person having a direct interest	23802
therein. At such conference the gas storage well inspector or a	23803
representative of the division designated by the gas storage well	23804
inspector shall be in attendance, and shall preside at the	23805
conference, and the gas storage well inspector or designated	23806
representative may make such recommendations as the gas storage	23807
well inspector or designated representative deems proper. Any	23808
agreement reached at such conference shall be consistent with the	23809
requirements of this chapter and, if approved by the gas storage	23810
well inspector, it shall be reduced to writing and shall be	23811
effective. Any such agreement approved by the gas storage well	23812
inspector shall be kept on file in the division and a copy thereof	23813
shall be furnished to each of the persons having a direct interest	23814
therein. The conference shall be deemed terminated as of the date	23815
an approved agreement is reached or when any person having a	23816
direct interest therein refuses to confer thereafter. Such a	23817
conference shall be held in all cases prior to the holding of a	23818
hearing as provided in this section.	23819

(B) Within ten days after the termination of a conference at	23820
which no approved agreement is reached, any person who	23821
participated in such conference and who has a direct interest in	23822
the subject matter thereof, or the gas storage well inspector, may	23823
file with the chief of the division of ~~mineral~~oil and gas	23824
resources management a request that the chief hear and determine	23825
the matter or matters, or any part thereof considered at the	23826
conference. Thereupon the chief shall promptly fix the time and	23827
place for the holding of such hearing and shall send written	23828
notice thereof to each person having a direct interest therein.	23829
The form of the request for such hearing and the conduct of the	23830
hearing shall be in accordance with rules that the chief adopts	23831
under section 1571.11 of the Revised Code. Consistent with the	23832
requirement for reasonable notice each such hearing shall be held	23833
promptly after the filing of the request therefor. Any person	23834
having a direct interest in the matter to be heard shall be	23835
entitled to appear and be heard in person or by attorney. The	23836
division may present at such hearing any evidence that is material	23837
to the matter being heard and that has come to the division's	23838
attention in any investigation or inspection made pursuant to this	23839
chapter.	23840

(C) For the purpose of conducting such a hearing the chief	23841
may require the attendance of witnesses and the production of	23842
books, records, and papers, and the chief may, and at the request	23843
of any person having a direct interest in the matter being heard,	23844
the chief shall, issue subpoenas for witnesses or subpoenas duces	23845
tecum to compel the production of any books, records, or papers,	23846
directed to the sheriffs of the counties where such witnesses are	23847
found, which subpoenas shall be served and returned in the same	23848
manner as subpoenas in criminal cases are served and returned. The	23849
fees of sheriffs shall be the same as those allowed by the court	23850
of common pleas in criminal cases. Witnesses shall be paid the	23851
fees and mileage provided for under section 119.094 of the Revised	23852
Code. Such fee and mileage expenses shall be paid in advance by	23853
the persons at whose request they are incurred, and the remainder	23854
of such expenses shall be paid out of funds appropriated for the	23855
expenses of the division.	23856

In case of disobedience or neglect of any subpoena served on	23857
any person, or the refusal of any witness to testify to any matter	23858
regarding which the witness may be lawfully interrogated, the	23859
court of common pleas of the county in which such disobedience,	23860
neglect, or refusal occurs, or any judge thereof, on application	23861
of the chief, shall compel obedience by attachment proceedings for	23862
contempt as in the case of disobedience of the requirements of a	23863
subpoena issued from such court or a refusal to testify therein.	23864
Witnesses at such hearings shall testify under oath, and the chief	23865
may administer oaths or affirmations to persons who so testify.	23866

(D) With the consent of the chief, the testimony of any	23867
witness may be taken by deposition at the instance of a party to	23868
any hearing before the chief at any time after hearing has been	23869
formally commenced. The chief may, of the chief's own motion,	23870
order testimony to be taken by deposition at any stage in any	23871
hearing, proceeding, or investigation pending before the chief.	23872
Such deposition shall be taken in the manner prescribed by the	23873
laws of this state for taking depositions in civil cases in courts	23874
of record.	23875

(E) After the conclusion of a hearing the chief shall make a	23876
determination and finding of facts. Every adjudication,	23877
determination, or finding by the chief shall be made by written	23878
order and shall contain a written finding by the chief of the	23879
facts upon which the adjudication, determination, or finding is	23880
based. Notice of the making of such order shall be given to the	23881
persons whose rights, duties, or privileges are affected thereby,	23882
by sending a certified copy thereof by registered mail to each of	23883
such persons.	23884

Adjudications, determinations, findings, and orders made by	23885
the chief shall not be governed by, or be subject to, Chapter 119.	23886
of the Revised Code.	23887

Sec. 1571.11. The chief of the division of ~~mineral~~oil and	23888
gas resources management shall adopt rules governing	23889
administrative procedures to be followed in the administration of	23890
this chapter, which shall be of general application in all matters	23891
and to all persons affected by this chapter.	23892

No rule adopted by the chief pursuant to this section shall	23893
be effective until the tenth day after a certified copy thereof	23894
has been filed in the office of the secretary of state.	23895

All rules filed in the office of the secretary of state	23896
pursuant to this section shall be recorded by the secretary of	23897
state under a heading entitled "Regulations relating to the	23898
storage of gas in underground gas storage reservoirs" and shall be	23899
numbered consecutively under such heading and shall bear the date	23900
of filing. Such rules shall be public records open to public	23901
inspection.	23902

No rule filed in the office of the secretary of state	23903
pursuant to this section shall be amended except by a rule that	23904
contains the entire rule as amended and that repeals the rule	23905
amended. Each rule that amends a rule shall bear the same	23906
consecutive rule number as the number of the rule that it amends,	23907
and it shall bear the date of filing.	23908

No rule filed in the office of the secretary of state	23909
pursuant to this section shall be repealed except by a rule. Each	23910
rule that repeals a rule shall bear the same consecutive rule	23911
number as the number of the rule that it repeals, and it shall	23912
bear the date of filing.	23913

The authority and the duty of the chief to adopt rules as	23914
provided in this section shall not be governed by, or be subject	23915
to Chapter 119. of the Revised Code.	23916

The chief shall have available at all times copies of all	23917
rules adopted pursuant to this section, and shall furnish same	23918
free of charge to any person requesting same.	23919

Sec. 1571.14. Any person claiming to be aggrieved or	23920
adversely affected by an order of the chief of the division of	23921
~~mineral~~oil and gas resources management made as provided in	23922
section 1571.10 or 1571.16 of the Revised Code may appeal to the	23923
director of natural resources for an order vacating or modifying	23924
such order. Upon receipt of the appeal, the director shall appoint	23925
an individual who has knowledge of the laws and rules regarding	23926
the underground storage of gas and who shall act as a hearing	23927
officer in accordance with Chapter 119. of the Revised Code in	23928
hearing the appeal.	23929

The person appealing to the director shall be known as	23930
appellant and the chief shall be known as appellee. The appellant	23931
and the appellee shall be deemed parties to the appeal.	23932

The appeal shall be in writing and shall set forth the order	23933
complained of and the grounds upon which the appeal is based. The	23934
appeal shall be filed with the director within thirty days after	23935
the date upon which appellant received notice by registered mail	23936
of the making of the order complained of, as required by section	23937
1571.10 of the Revised Code. Notice of the filing of such appeal	23938
shall be delivered by appellant to the chief within three days	23939
after the appeal is filed with the director.	23940

Within seven days after receipt of the notice of appeal the	23941
chief shall prepare and certify to the director at the expense of	23942
appellant a complete transcript of the proceedings out of which	23943
the appeal arises, including a transcript of the testimony	23944
submitted to the chief.	23945

Upon the filing of the appeal the director shall fix the time	23946
and place at which the hearing on the appeal will be held, and	23947
shall give appellant and the chief at least ten days' written	23948
notice thereof by mail. The director may postpone or continue any	23949
hearing upon the director's own motion or upon application of	23950
appellant or of the chief.	23951

The filing of an appeal provided for in this section does not	23952
automatically suspend or stay execution of the order appealed	23953
from, but upon application by the appellant the director may	23954
suspend or stay such execution pending determination of the appeal	23955
upon such terms as the director deems proper.	23956

The hearing officer appointed by the director shall hear the	23957
appeal de novo, and either party to the appeal may submit such	23958
evidence as the hearing officer deems admissible.	23959

For the purpose of conducting a hearing on an appeal, the	23960
hearing officer may require the attendance of witnesses and the	23961
production of books, records, and papers, and may, and at the	23962
request of any party shall, issue subpoenas for witnesses or	23963
subpoenas duces tecum to compel the production of any books,	23964
records, or papers, directed to the sheriffs of the counties where	23965
such witnesses are found, which subpoenas shall be served and	23966
returned in the same manner as subpoenas in criminal cases are	23967
served and returned. The fees of sheriffs shall be the same as	23968
those allowed by the court of common pleas in criminal cases.	23969
Witnesses shall be paid the fees and mileage provided for under	23970
section 119.094 of the Revised Code. Such fee and mileage expenses	23971
incurred at the request of appellant shall be paid in advance by	23972
appellant, and the remainder of such expenses shall be paid out of	23973
funds appropriated for the expenses of the division of ~~mineral~~oil	23974
and gas resources management.	23975

In case of disobedience or neglect of any subpoena served on	23976
any person, or the refusal of any witness to testify to any matter	23977
regarding which the witness may be lawfully interrogated, the	23978
court of common pleas of the county in which such disobedience,	23979
neglect, or refusal occurs, or any judge thereof, on application	23980
of the director, shall compel obedience by attachment proceedings	23981
for contempt as in the case of disobedience of the requirements of	23982
a subpoena issued from such court or a refusal to testify therein.	23983
Witnesses at such hearings shall testify under oath, and the	23984
hearing officer may administer oaths or affirmations to persons	23985
who so testify.	23986

At the request of any party to the appeal, a stenographic or	23987
electronic record of the testimony and other evidence submitted	23988
shall be taken by an official court ~~shorthand~~ reporter at the	23989
expense of the party making the request ~~therefor~~for the record.	23990
The record shall include all of the testimony and other evidence	23991
and the rulings on the admissibility thereof presented at the	23992
hearing. The hearing officer shall pass upon the admissibility of	23993
evidence, but any party may at the time object to the admission of	23994
any evidence and except to the ruling of the hearing officer	23995
thereon, and if the hearing officer refuses to admit evidence, the	23996
party offering same may make a proffer thereof, and such proffer	23997
shall be made a part of the record of such hearing.	23998

If upon completion of the hearing the hearing officer finds	23999
that the order appealed from was lawful and reasonable, the	24000
hearing officer shall make a written order affirming the order	24001
appealed from. If the hearing officer finds that such order was	24002
unreasonable or unlawful, the hearing officer shall make a written	24003
order vacating the order appealed from and making the order that	24004
it finds the chief should have made. Every order made by the	24005
hearing officer shall contain a written finding by the hearing	24006
officer of the facts upon which the order is based. Notice of the	24007
making of such order shall be given forthwith to each party to the	24008
appeal by mailing a certified copy thereof to each such party by	24009
registered mail.	24010

Sec. 1571.16. (A) The gas storage well inspector or any	24011
person having a direct interest in the subject matter of this	24012
chapter may file with the division of ~~mineral~~oil and gas	24013
resources management a complaint in writing stating that a person	24014
is violating, or is about to violate, a provision or provisions of	24015
this chapter, or has done, or is about to do, an act, matter, or	24016
thing therein prohibited or declared to be unlawful, or has	24017
failed, omitted, neglected, or refused, or is about to fail, omit,	24018
neglect, or refuse, to perform a duty enjoined upon the person by	24019
this chapter. Upon the filing of such a complaint, the chief of	24020
the division of ~~mineral~~oil and gas resources management shall	24021
promptly fix the time for the holding of a hearing on such	24022
complaint and shall send by registered mail to the person so	24023
complained of, a copy of such complaint together with at least	24024
five days' notice of the time and place at which such hearing will	24025
be held. Such notice of such hearing shall also be given to all	24026
persons having a direct interest in the matters complained of in	24027
such complaint. Such hearing shall be conducted in the same	24028
manner, and the chief and persons having a direct interest in the	24029
matter being heard, shall have the same powers, rights, and duties	24030
as provided in divisions (B), (C), (D), and (E) of section 1571.10	24031
of the Revised Code, in connection with hearings by the chief,	24032
provided that if after conclusion of the hearing the chief finds	24033
that the charges against the person complained of, as stated in	24034
such complaint, have not been sustained by a preponderance of	24035
evidence, the chief shall make an order dismissing the complaint,	24036
and if the chief finds that the charges have been so sustained,	24037
the chief shall by appropriate order require compliance with those	24038
provisions.	24039

(B) Whenever the chief is of the opinion that any person is	24040
violating, or is about to violate, any provision of this chapter,	24041
or has done, or is about to do, any act, matter, or thing therein	24042
prohibited or declared to be unlawful, or has failed, omitted,	24043
neglected, or refused, or is about to fail, omit, neglect, or	24044
refuse, to perform any duty enjoined upon the person by this	24045
chapter, or has failed, omitted, neglected, or refused, or is	24046
about to fail, omit, neglect, or refuse, to obey any lawful	24047
requirement or order made by the chief, or any final judgment,	24048
order, or decree made by any court pursuant to this chapter, then	24049
and in every such case, the chief may institute in a court of	24050
competent jurisdiction of the county or counties wherein the	24051
operation is situated, an action to enjoin or restrain such	24052
violations or to enforce obedience with law or the orders of the	24053
chief. No injunction bond shall be required to be filed in any	24054
such proceeding. Such persons or corporations as the court may	24055
deem necessary or proper to be joined as parties in order to make	24056
its judgment, order, or writ effective may be joined as parties.	24057
An appeal may be taken as in other civil actions.	24058

(C) In addition to the other remedies as provided in	24059
divisions (A) and (B) of this section, any reservoir operator or	24060
coal mine operator affected by this chapter may proceed by	24061
injunction or other appropriate remedy to restrain violations or	24062
threatened violations of this chapter or of orders of the chief,	24063
or of the hearing officer appointed under section 1571.14 of the	24064
Revised Code, or the judgments, orders, or decrees of any court or	24065
to enforce obedience therewith.	24066

(D) Each remedy prescribed in divisions (A), (B), and (C) of	24067
this section is deemed concurrent or contemporaneous with each	24068
other remedy prescribed therein, and the existence or exercise of	24069
any one such remedy shall not prevent the exercise of any other	24070
such remedy.	24071

(E) The provisions of this chapter providing for conferences,	24072
hearings by the chief, appeals to the hearing officer from orders	24073
of the chief, and appeals to the court of common pleas from orders	24074
of the hearing officer, and the remedies prescribed in divisions	24075
(A), (B), (C), and (D) of this section, do not constitute the	24076
exclusive procedure that a person, who deems the person's rights	24077
to be unlawfully affected by any official action taken thereunder,	24078
must pursue in order to protect and preserve such rights, nor does	24079
this chapter constitute a procedure that such a person must pursue	24080
before the person may lawfully proceed by other actions, legal or	24081
equitable, to protect and preserve such rights.	24082

Sec. 1571.18. After ~~the effective date of this section~~June	24083
30, 2010, and not later than the thirty-first day of March each	24084
year, the owner of a well that is used for gas storage or of a	24085
well that is used to monitor a gas storage reservoir and that is	24086
located in a reservoir protective area shall pay to the chief of	24087
the division of ~~mineral~~oil and gas resources management a gas	24088
storage well regulatory fee of one hundred twenty-five dollars for	24089
each well that the owner owned as of the thirty-first day of	24090
December of the previous year for the purposes of administering	24091
this chapter and Chapter 1509. of the Revised Code. The chief may	24092
prescribe and provide a form for the collection of the fee imposed	24093
by this section and may adopt rules in accordance with Chapter	24094
119. of the Revised Code that are necessary for the administration	24095
of this section.	24096

All money collected under this section shall be deposited in	24097
the state treasury to the credit of the oil and gas well fund	24098
created in section 1509.02 of the Revised Code.	24099

Sec. 1571.99. Any person who purposely violates any order of	24100
the chief of the division of ~~mineral~~oil and gas resources	24101
management, of a hearing officer appointed by the director of	24102
natural resources under section 1571.14 of the Revised Code, or of	24103
the director, made pursuant to this chapter shall be punished by a	24104
fine not exceeding two thousand dollars, or imprisoned in jail for	24105
a period not exceeding twelve months, or both, in the discretion	24106
of the court.	24107

Sec. 1701.07. (A) Every corporation shall have and maintain	24108
an agent, sometimes referred to as the "statutory agent," upon	24109
whom any process, notice, or demand required or permitted by	24110
statute to be served upon a corporation may be served. The agent	24111
may be a natural person who is a resident of this state or may be	24112
a domestic corporation or a foreign corporation holding a license	24113
as such under the laws of this state, that is authorized by its	24114
articles of incorporation to act as such agent and that has a	24115
business address in this state.	24116

(B) The secretary of state shall not accept original articles	24117
for filing unless there is filed with the articles a written	24118
appointment of an agent that is signed by the incorporators of the	24119
corporation or a majority of them and a written acceptance of the	24120
appointment that is signed by the agent. In all other cases, the	24121
corporation shall appoint the agent and shall file in the office	24122
of the secretary of state a written appointment of the agent that	24123
is signed by any authorized officer of the corporation and a	24124
written acceptance of the appointment that is either the original	24125
acceptance signed by the agent or a photocopy, facsimile, or	24126
similar reproduction of the original acceptance signed by the	24127
agent.	24128

(C) The written appointment of an agent shall set forth the	24129
name and address in this state of the agent, including the street	24130
and number or other particular description, and shall otherwise be	24131
in such form as the secretary of state prescribes. The secretary	24132
of state shall keep a record of the names of corporations, and the	24133
names and addresses of their respective agents.	24134

(D) If any agent dies, removes from the state, or resigns,	24135
the corporation shall forthwith appoint another agent and file	24136
with the secretary of state, on a form prescribed by the secretary	24137
of state, a written appointment of the agent.	24138

(E) If the agent changes the agent's address from that	24139
appearing upon the record in the office of the secretary of state,	24140
the corporation or the agent shall forthwith file with the	24141
secretary of state, on a form prescribed by the secretary of	24142
state, a written statement setting forth the new address.	24143

(F) An agent may resign by filing with the secretary of	24144
state, on a form prescribed by the secretary of state, a written	24145
notice to that effect that is signed by the agent and by sending a	24146
copy of the notice to the corporation at the current or last known	24147
address of its principal office on or prior to the date the notice	24148
is filed with the secretary of state. The notice shall set forth	24149
the name of the corporation, the name and current address of the	24150
agent, the current or last known address, including the street and	24151
number or other particular description, of the corporation's	24152
principal office, the resignation of the agent, and a statement	24153
that a copy of the notice has been sent to the corporation within	24154
the time and in the manner prescribed by this division. Upon the	24155
expiration of thirty days after the filing, the authority of the	24156
agent shall terminate.	24157

(G) A corporation may revoke the appointment of an agent by	24158
filing with the secretary of state, on a form prescribed by the	24159
secretary of state, a written appointment of another agent and a	24160
statement that the appointment of the former agent is revoked.	24161

(H) Any process, notice, or demand required or permitted by	24162
statute to be served upon a corporation may be served upon the	24163
corporation by delivering a copy of it to its agent, if a natural	24164
person, or by delivering a copy of it at the address of its agent	24165
in this state, as the address appears upon the record in the	24166
office of the secretary of state. If (1) the agent cannot be	24167
found, or (2) the agent no longer has that address, or (3) the	24168
corporation has failed to maintain an agent as required by this	24169
section, and if in any such case the party desiring that the	24170
process, notice, or demand be served, or the agent or	24171
representative of the party, shall have filed with the secretary	24172
of state an affidavit stating that one of the foregoing conditions	24173
exists and stating the most recent address of the corporation that	24174
the party after diligent search has been able to ascertain, then	24175
service of process, notice, or demand upon the secretary of state,	24176
as the agent of the corporation, may be initiated by delivering to	24177
the secretary of state or at the secretary of state's office	24178
quadruplicate copies of such process, notice, or demand and by	24179
paying to the secretary of state a fee of five dollars. The	24180
secretary of state shall forthwith give notice of the delivery to	24181
the corporation at its principal office as shown upon the record	24182
in the secretary of state's office and at any different address	24183
shown on its last franchise tax report filed in this state, or to	24184
the corporation at any different address set forth in the above	24185
mentioned affidavit, and shall forward to the corporation at said	24186
addresses, by certified mail, with request for return receipt, a	24187
copy of the process, notice, or demand; and thereupon service upon	24188
the corporation shall be deemed to have been made.	24189

(I) The secretary of state shall keep a record of each	24190
process, notice, and demand delivered to the secretary of state or	24191
at the secretary of state's office under this section or any other	24192
law of this state that authorizes service upon the secretary of	24193
state, and shall record the time of the delivery and the action	24194
thereafter with respect thereto.	24195

(J) This section does not limit or affect the right to serve	24196
any process, notice, or demand upon a corporation in any other	24197
manner permitted by law.	24198

(K) Every corporation shall state in each annual report filed	24199
by it with the department of taxation the name and address of its	24200
statutory agent.	24201

(L) Except when an original appointment of an agent is filed	24202
with the original articles, a written appointment of an agent or a	24203
written statement filed by a corporation with the secretary of	24204
state shall be signed by any authorized officer of the corporation	24205
or by the incorporators of the corporation or a majority of them	24206
if no directors have been elected.	24207

(M) For filing a written appointment of an agent other than	24208
one filed with original articles, and for filing a statement of	24209
change of address of an agent, the secretary of state shall charge	24210
and collect the fee specified in division (R) of section 111.16 of	24211
the Revised Code.	24212

(N) Upon the failure of a corporation to appoint another	24213
agent or to file a statement of change of address of an agent, the	24214
secretary of state shall give notice thereof by ~~certified~~ordinary	24215
or electronic mail to the corporation at the electronic mail	24216
address provided to the secretary of state, or at the address set	24217
forth in the notice of resignation or on the last franchise tax	24218
return filed in this state by the corporation. Unless the default	24219
is cured within thirty days after the mailing by the secretary of	24220
state of the notice or within any further period of time that the	24221
secretary of state grants, upon the expiration of that period of	24222
time from the date of the mailing, the articles of the corporation	24223
shall be canceled without further notice or action by the	24224
secretary of state. The secretary of state shall make a notation	24225
of the cancellation on the secretary of state's records.	24226

A corporation whose articles have been canceled may be	24227
reinstated by filing, on a form prescribed by the secretary of	24228
state, an application for reinstatement and the required	24229
appointment of agent or required statement, and by paying the	24230
filing fee specified in division (Q) of section 111.16 of the	24231
Revised Code. The rights, privileges, and franchises of a	24232
corporation whose articles have been reinstated are subject to	24233
section 1701.922 of the Revised Code. The secretary of state shall	24234
furnish the tax commissioner a monthly list of all corporations	24235
canceled and reinstated under this division.	24236

(O) This section does not apply to banks, trust companies,	24237
insurance companies, or any corporation defined under the laws of	24238
this state as a public utility for taxation purposes.	24239

Sec. 1702.59. (A) Every nonprofit corporation, incorporated	24240
under the general corporation laws of this state, or previous	24241
laws, or under special provisions of the Revised Code, or created	24242
before September 1, 1851, which corporation has expressedly or	24243
impliedly elected to be governed by the laws passed since that	24244
date, and whose articles or other documents are filed with the	24245
secretary of state, shall file with the secretary of state a	24246
verified statement of continued existence, signed by a director,	24247
officer, or three members in good standing, setting forth the	24248
corporate name, the place where the principal office of the	24249
corporation is located, the date of incorporation, the fact that	24250
the corporation is still actively engaged in exercising its	24251
corporate privileges, and the name and address of its agent	24252
appointed pursuant to section 1702.06 of the Revised Code.	24253

(B) Each corporation required to file a statement of	24254
continued existence shall file it with the secretary of state	24255
within each five years after the date of incorporation or of the	24256
last corporate filing.	24257

(C) Corporations specifically exempted by division (N) of	24258
section 1702.06 of the Revised Code, or whose activities are	24259
regulated or supervised by another state official, agency, bureau,	24260
department, or commission are exempted from this section.	24261

(D) The secretary of state shall give notice ~~in writing~~by	24262
ordinary or electronic mail and provide a form for compliance with	24263
this section to each corporation required by this section to file	24264
the statement of continued existence, such notice and form to be	24265
mailed to the last known physical or electronic mail address of	24266
the corporation as it appears on the records of the secretary of	24267
state or which the secretary of state may ascertain upon a	24268
reasonable search.	24269

(E) If any nonprofit corporation required by this section to	24270
file a statement of continued existence fails to file the	24271
statement required every fifth year, then the secretary of state	24272
shall cancel the articles of such corporation, make a notation of	24273
the cancellation on the records, and mail to the corporation a	24274
certificate of the action so taken.	24275

(F) A corporation whose articles have been canceled may be	24276
reinstated by filing an application for reinstatement and paying	24277
to the secretary of state the fee specified in division (Q) of	24278
section 111.16 of the Revised Code. The name of a corporation	24279
whose articles have been canceled shall be reserved for a period	24280
of one year after the date of cancellation. If the reinstatement	24281
is not made within one year from the date of the cancellation of	24282
its articles of incorporation and it appears that a corporate	24283
name, limited liability company name, limited liability	24284
partnership name, limited partnership name, or trade name has been	24285
filed, the name of which is not distinguishable upon the record as	24286
provided in section 1702.06 of the Revised Code, the applicant for	24287
reinstatement shall be required by the secretary of state, as a	24288
condition prerequisite to such reinstatement, to amend its	24289
articles by changing its name. A certificate of reinstatement may	24290
be filed in the recorder's office of any county in the state, for	24291
which the recorder shall charge and collect a base fee of one	24292
dollar for services and a housing trust fund fee of one dollar	24293
pursuant to section 317.36 of the Revised Code. The rights,	24294
privileges, and franchises of a corporation whose articles have	24295
been reinstated are subject to section 1702.60 of the Revised	24296
Code.	24297

(G) The secretary of state shall furnish the tax commissioner	24298
a list of all corporations failing to file the required statement	24299
of continued existence.	24300

Sec. 1703.031. (A) If the laws of the United States	24301
prohibit, preempt, or otherwise eliminate the licensing	24302
requirement of sections 1703.01 to 1703.31 of the Revised Code	24303
with respect to a corporation that is a bank, savings bank, or	24304
savings and loan association chartered under the laws of the	24305
United States, the main office of which is located in another	24306
state, the bank, savings bank, or savings and loan association	24307
shall notify the secretary of state that it is transacting	24308
business in this state by submitting a notice in such form as the	24309
secretary of state prescribes. The notice shall be verified by the	24310
oath of the president, vice-president, secretary, or treasurer of	24311
the bank, savings bank, or savings and loan association, and shall	24312
set forth all of the following:	24313

(1) The name of the corporation and any trade name under	24314
which it will do business in this state;	24315

(2) The location and complete address, including the county,	24316
of its main office in another state and its principal office, if	24317
any, in this state;	24318

(3) The appointment of a designated agent and the complete	24319
address of such agent in this state, which agent may be a natural	24320
person who is a resident of this state, or may be a domestic	24321
corporation for profit or a foreign corporation for profit holding	24322
a license as such under the laws of this state, provided that the	24323
domestic or foreign corporation has a business address in this	24324
state and is authorized by its articles of incorporation to act as	24325
such agent;	24326

(4) The irrevocable consent of the corporation to service of	24327
process on such agent so long as the authority of the agent	24328
continues and to service of process upon the secretary of state in	24329
the events provided for in section 1703.19 of the Revised Code;	24330

(5) A brief summary of the business to be transacted within	24331
this state.	24332

(B) The notice required by this section shall be accompanied	24333
by a certificate of good standing or subsistence, dated not	24334
earlier than sixty days prior to the submission of the notice,	24335
under the seal of the proper official of the agency of the United	24336
States that incorporated the bank, savings bank, or savings and	24337
loan association, setting forth the exact corporate title, the	24338
date of incorporation, and the fact that the bank, savings bank,	24339
or savings and loan association is in good standing or is a	24340
subsisting bank, savings bank, or savings and loan association.	24341

(C) Upon submission of the notice, a bank, savings bank, or	24342
savings and loan association shall pay a filing fee ~~of one hundred~~	24343
~~dollars~~ to the secretary of state as required by section 111.16 of	24344
the Revised Code.	24345

(D)(1) No such notice shall be accepted for filing if it	24346
appears that the name of the bank, savings bank, or savings and	24347
loan association is any of the following:	24348

(a) Prohibited by law;

24349

(b) Not distinguishable upon the records in the office of the	24350
secretary of state from the name of a limited liability company,	24351
whether domestic or foreign, or any other corporation, whether	24352
nonprofit or for profit and whether that of a domestic corporation	24353
or of a foreign corporation authorized to transact business in	24354
this state, unless there is also filed with the secretary of state	24355
the consent of the other limited liability company or corporation	24356
to the use of the name, evidenced in a writing signed by any	24357
authorized representative or authorized officer of the other	24358
limited liability company or corporation;	24359

(c) Not distinguishable upon the records in the office of the	24360
secretary of state from a trade name, the exclusive right to which	24361
is at the time in question registered in the manner provided in	24362
Chapter 1329. of the Revised Code, unless there also is filed with	24363
the secretary of state the consent of the other corporation or	24364
person to the use of the name, evidenced in a writing signed by	24365
any authorized officer of the other corporation or authorized	24366
party of the other person owning the exclusive right to the	24367
registered trade name.	24368

(2) Notwithstanding division (D)(1)(b) of this section, if a	24369
notice is not acceptable for filing solely because the name of the	24370
bank, savings bank, or savings and loan association is not	24371
distinguishable from the name of another corporation or registered	24372
trade name, the bank, savings bank, or savings and loan	24373
association may be authorized to transact business in this state	24374
by filing with the secretary of state, in addition to those items	24375
otherwise prescribed by this section, a statement signed by an	24376
authorized officer directing the bank, savings bank, or savings	24377
and loan association to transact business in this state under an	24378
assumed business name or names that comply with the requirements	24379
of division (D) of this section and stating that the bank, savings	24380
bank, or savings and loan association will transact business in	24381
this state only under the assumed name or names.	24382

(E) The secretary of state shall provide evidence of receipt	24383
of notice to each bank, savings bank, or savings and loan	24384
association that submits a notice required by this section.	24385

Sec. 1703.07. If a foreign corporation has merged or	24386
consolidated with one or more foreign corporations, it shall file	24387
with the secretary of state a certificate setting forth the fact	24388
of merger or consolidation, certified by the secretary of state,	24389
or other proper official, of the state under the laws of which the	24390
foreign corporation was incorporated.	24391

The secretary of state, before filing a certificate	24392
evidencing a foreign corporation's merger or consolidation, shall	24393
charge and collect from the foreign corporation a filing fee of	24394
~~ten dollars~~as required by section 111.16 of the Revised Code.	24395

Sec. 1707.11. (A) Each person that is not organized under	24396
the laws of this state, that is not licensed under section 1703.03	24397
of the Revised Code, or that does not have its principal place of	24398
business in this state, shall submit to the division of securities	24399
an irrevocable consent to service of process, as described in	24400
division (B) of this section, in connection with any of the	24401
following:	24402

(1) Filings to claim any of the exemptions enumerated in	24403
division (Q), (W), ~~(X),~~ or (Y) of section 1707.03 of the Revised	24404
Code;	24405

(2) Applications for registration by description,	24406
qualification, or coordination;	24407

(3) Notice filings pursuant to section 1707.092 of the	24408
Revised Code.	24409

(B) The irrevocable written consent shall be executed and	24410
acknowledged by an individual duly authorized to give the consent	24411
and shall do all of the following:	24412

(1) Designate the secretary of state as agent for service of	24413
process or pleadings;	24414

(2) State that actions growing out of the sale of such	24415
securities, the giving of investment advice, or fraud committed by	24416
a person on whose behalf the consent is submitted may be commenced	24417
against the person, in the proper court of any county in this	24418
state in which a cause of action may arise or in which the	24419
plaintiff in the action may reside, by serving on the secretary of	24420
state any proper process or pleading authorized by the laws of	24421
this state;	24422

(3) Stipulate that service of process or pleading on the	24423
secretary of state shall be taken in all courts to be as valid and	24424
binding as if service had been made upon the person on whose	24425
behalf the consent is submitted.	24426

(C) Notwithstanding any application, form, or other material	24427
filed with or submitted to the division that purports to appoint	24428
as agent for service of process a person other than the secretary	24429
of state, the application, form, or other material shall be	24430
considered to appoint the secretary of state as agent for service	24431
of process.	24432

(D) Service of any process or pleadings may be made on the	24433
secretary of state by duplicate copies, of which one shall be	24434
filed in the office of the secretary of state, and the other	24435
immediately forwarded by the secretary of state by certified mail	24436
to the principal place of business of the person on whose behalf	24437
the consent is submitted or to the last known address as shown on	24438
the filing made with the division. However, failure to mail such	24439
copy does not invalidate the service.	24440

(E) Notwithstanding any provision of this chapter, or of any	24441
rule adopted by the division of securities under this chapter,	24442
that requires the submission of a consent to service of process,	24443
the division may provide by rule for the electronic filing or	24444
submission of a consent to service of process.	24445

Sec. 1707.17. (A)(1) The license of every dealer in and	24446
salesperson of securities shall expire on the thirty-first day of	24447
December of each year, and may be renewed upon the filing with the	24448
division of securities of an application for renewal, and the	24449
payment of the fee prescribed in this section. The division shall	24450
give notice, without unreasonable delay, of its action on any	24451
application for renewal of a dealer's or salesperson's license.	24452

(2) The license of every investment adviser and investment	24453
adviser representative licensed under section 1707.141 or 1707.161	24454
of the Revised Code shall expire on the thirty-first day of	24455
December of each year. The licenses may be renewed upon the filing	24456
with the division of an application for renewal, and the payment	24457
of the fee prescribed in division (B) of this section. The	24458
division shall give notice, without unreasonable delay, of its	24459
action on any application for renewal.	24460

(3) An investment adviser required to make a notice filing	24461
under division (B) of section 1707.141 of the Revised Code	24462
annually shall file with the division the notice filing and the	24463
fee prescribed in division (B) of this section, no later than the	24464
thirty-first day of December of each year.	24465

(4) The license of every state retirement system investment	24466
officer licensed under section 1707.163 of the Revised Code and	24467
the license of a bureau of workers' compensation chief investment	24468
officer issued under section 1707.165 of the Revised Code shall	24469
expire on the thirtieth day of June of each year. The licenses may	24470
be renewed on the filing with the division of an application for	24471
renewal, and the payment of the fee prescribed in division (B) of	24472
this section. The division shall give notice, without unreasonable	24473
delay, of its action on any application for renewal.	24474

(B)(1) The fee for each dealer's license, and for each annual	24475
renewal thereof, shall be two hundred dollars.	24476

(2) The fee for each salesperson's license, and for each	24477
annual renewal thereof, shall be sixty dollars.	24478

(3) The fee for each investment adviser's license, and for	24479
each annual renewal thereof, shall be one hundred dollars.	24480

(4) The fee for each investment adviser notice filing	24481
required by division (B) of section 1707.141 of the Revised Code	24482
shall be one hundred dollars.	24483

(5) The fee for each investment adviser representative's	24484
license, and for each annual renewal thereof, shall be thirty-five	24485
dollars.	24486

(6) The fee for each state retirement system investment	24487
officer's license, and for each annual renewal thereof, shall be	24488
fifty dollars.	24489

(7) The fee for a bureau of workers' compensation chief	24490
investment officer's license, and for each annual renewal thereof,	24491
shall be fifty dollars.	24492

(C) A dealer's, salesperson's, investment adviser's,	24493
investment adviser representative's, bureau of workers'	24494
compensation chief investment officer's, or state retirement	24495
system investment officer's license may be issued at any time for	24496
the remainder of the calendar year. In that event, the annual fee	24497
shall not be reduced.	24498

(D) The division may, by rule or order, waive, in whole or in	24499
part, any of the fee requirements of this section for any person	24500
or class of persons if the imposition or waiver is appropriate in	24501
the public interest and for the protection of securities	24502
investors.	24503

Sec. 1728.07. Every approved project shall be evidenced by a	24504
financial agreement between the municipal corporation and the	24505
community urban redevelopment corporation. Such agreement shall be	24506
prepared by the community urban redevelopment corporation and	24507
submitted as a separate part of its application for project	24508
approval.	24509

The financial agreement shall be in the form of a contract	24510
requiring full performance within twenty years from the date of	24511
completion of the project and shall, as a minimum, include the	24512
following:	24513

(A) That all improvements in the project to be constructed or	24514
acquired by the corporation shall be exempt from taxation, subject	24515
to section 1728.10 of the Revised Code;	24516

(B) That the corporation shall make payments in lieu of real	24517
estate taxes not less than the amount as provided by section	24518
1728.11 of the Revised Code; or if the municipal corporation is an	24519
impacted city, not less than the amount as provided by section	24520
1728.111 of the Revised Code;	24521

(C) That the corporation, its successors and assigns, shall	24522
use, develop, and redevelop the real property of the project in	24523
accordance with, and for the period of, the community development	24524
plan approved by the governing body of the municipal corporation	24525
for the blighted area in which the project is situated and shall	24526
so bind its successors and assigns by appropriate agreements and	24527
covenants running with the land enforceable by the municipal	24528
corporation.	24529

(D) If the municipal corporation is an impacted city, the	24530
extent of the undertakings and activities of the corporation for	24531
the elimination and for the prevention of the development or	24532
spread of blight.	24533

(E) That the corporation or the municipal corporation, or	24534
both, shall provide for carrying out relocation of persons,	24535
families, business concerns, and others displaced by the project,	24536
pursuant to a relocation plan, including the method for the	24537
relocation of residents in decent, safe, and sanitary dwelling	24538
accommodations, and reasonable moving costs, determined to be	24539
feasible by the governing body of the municipal corporation. Where	24540
the relocation plan is carried out by the corporation, its	24541
officers, employees, agents, or lessees, the municipal corporation	24542
shall enforce and supervise the corporation's compliance with the	24543
relocation plan. If the corporation refuses or fails to comply	24544
with the relocation plan and the municipal corporation fails or	24545
refuses to enforce compliance with such plan, the director of	24546
development may request the attorney general to commence a civil	24547
action against the municipality and the corporation to require	24548
compliance with such relocation plan. Prior to requesting action	24549
by the attorney general the director shall give notice of the	24550
proposed action to the municipality and the corporation, provide	24551
an opportunity to such municipality and corporation for	24552
discussions on the matter, and allow a reasonable time in which	24553
the corporation may begin compliance with the relocation plan, or	24554
the municipality may commence enforcement of the relocation plan.	24555

(F) That the corporation shall submit annually, within ninety	24556
days after the close of its fiscal year, its auditor's reports to	24557
the mayor and governing body of the municipal corporation;	24558

(G) That the corporation shall, upon request, permit	24559
inspection of property, equipment, buildings, and other facilities	24560
of the corporation, and also permit examination and audit of its	24561
books, contracts, records, documents, and papers by authorized	24562
representatives of the municipal corporation;	24563

(H) That in the event of any dispute between the parties the	24564
matters in controversy shall be resolved by arbitration in the	24565
manner provided therein;	24566

(I) That operation under the financial agreement is	24567
terminable by the corporation in the manner provided by Chapter	24568
1728. of the Revised Code;	24569

(J) That the corporation shall, at all times prior to the	24570
expiration or other termination of the financial agreement, remain	24571
bound by Chapter 1728. of the Revised Code;	24572

(K) ~~That all wages paid to laborers and mechanics employed~~	24573
~~for work on such projects, other than for residential structures~~	24574
~~containing seven or less family units, shall be paid at the~~	24575
~~prevailing rates of wages of laborers and mechanics for the class~~	24576
~~of work called for by the project, which wages shall be determined~~	24577
~~in accordance with the requirements of Chapter 4115. of the~~	24578
~~Revised Code for determination of prevailing wage rates, provided~~	24579
~~that the requirements of this division do not apply where the~~	24580
~~federal government or any of its agencies furnishes by law or~~	24581
~~grant all or any part of the funds used in connection with such~~	24582
~~project and prescribes predetermined minimum wages to be paid to~~	24583
~~such laborers and mechanics.~~	24584

Modifications of the financial agreement may from time to	24585
time be made by agreement between the governing body of the	24586
municipal corporation and the community urban redevelopment	24587
corporation.	24588

Sec. 1751.01. As used in this chapter:

24589

(A)(1) "Basic health care services" means the following	24590
services when medically necessary:	24591

(a) Physician's services, except when such services are	24592
supplemental under division (B) of this section;	24593

(b) Inpatient hospital services;

24594

24595

(d) Emergency health services;

24596

(e) Urgent care services;

24597

(f) Diagnostic laboratory services and diagnostic and	24598
therapeutic radiologic services;	24599

(g) Diagnostic and treatment services, other than	24600
prescription drug services, for biologically based mental	24601
illnesses;	24602

(h) Preventive health care services, including, but not	24603
limited to, voluntary family planning services, infertility	24604
services, periodic physical examinations, prenatal obstetrical	24605
care, and well-child care;	24606

(i) Routine patient care for patients enrolled in an eligible	24607
cancer clinical trial pursuant to section 3923.80 of the Revised	24608
Code.	24609

"Basic health care services" does not include experimental	24610
procedures.	24611

Except as provided by divisions (A)(2) and (3) of this	24612
section in connection with the offering of coverage for diagnostic	24613
and treatment services for biologically based mental illnesses, a	24614
health insuring corporation shall not offer coverage for a health	24615
care service, defined as a basic health care service by this	24616
division, unless it offers coverage for all listed basic health	24617
care services. However, this requirement does not apply to the	24618
coverage of beneficiaries enrolled in medicare pursuant to a	24619
medicare contract, or to the coverage of beneficiaries enrolled in	24620
the federal employee health benefits program pursuant to 5	24621
U.S.C.A. 8905, or to the coverage of medicaid recipients, ~~or to~~	24622
~~the coverage of participants of the children's buy-in program,~~ or	24623
to the coverage of beneficiaries under any federal health care	24624
program regulated by a federal regulatory body, or to the coverage	24625
of beneficiaries under any contract covering officers or employees	24626
of the state that has been entered into by the department of	24627
administrative services.	24628

(2) A health insuring corporation may offer coverage for	24629
diagnostic and treatment services for biologically based mental	24630
illnesses without offering coverage for all other basic health	24631
care services. A health insuring corporation may offer coverage	24632
for diagnostic and treatment services for biologically based	24633
mental illnesses alone or in combination with one or more	24634
supplemental health care services. However, a health insuring	24635
corporation that offers coverage for any other basic health care	24636
service shall offer coverage for diagnostic and treatment services	24637
for biologically based mental illnesses in combination with the	24638
offer of coverage for all other listed basic health care services.	24639

(3) A health insuring corporation that offers coverage for	24640
basic health care services is not required to offer coverage for	24641
diagnostic and treatment services for biologically based mental	24642
illnesses in combination with the offer of coverage for all other	24643
listed basic health care services if all of the following apply:	24644

(a) The health insuring corporation submits documentation	24645
certified by an independent member of the American academy of	24646
actuaries to the superintendent of insurance showing that incurred	24647
claims for diagnostic and treatment services for biologically	24648
based mental illnesses for a period of at least six months	24649
independently caused the health insuring corporation's costs for	24650
claims and administrative expenses for the coverage of basic	24651
health care services to increase by more than one per cent per	24652
year.	24653

(b) The health insuring corporation submits a signed letter	24654
from an independent member of the American academy of actuaries to	24655
the superintendent of insurance opining that the increase in costs	24656
described in division (A)(3)(a) of this section could reasonably	24657
justify an increase of more than one per cent in the annual	24658
premiums or rates charged by the health insuring corporation for	24659
the coverage of basic health care services.	24660

(c) The superintendent of insurance makes the following	24661
determinations from the documentation and opinion submitted	24662
pursuant to divisions (A)(3)(a) and (b) of this section:	24663

(i) Incurred claims for diagnostic and treatment services for	24664
biologically based mental illnesses for a period of at least six	24665
months independently caused the health insuring corporation's	24666
costs for claims and administrative expenses for the coverage of	24667
basic health care services to increase by more than one per cent	24668
per year.	24669

(ii) The increase in costs reasonably justifies an increase	24670
of more than one per cent in the annual premiums or rates charged	24671
by the health insuring corporation for the coverage of basic	24672
health care services.	24673

Any determination made by the superintendent under this	24674
division is subject to Chapter 119. of the Revised Code.	24675

(B)(1) "Supplemental health care services" means any health	24676
care services other than basic health care services that a health	24677
insuring corporation may offer, alone or in combination with	24678
either basic health care services or other supplemental health	24679
care services, and includes:	24680

(a) Services of facilities for intermediate or long-term	24681
care, or both;	24682

(b) Dental care services;

24683

(c) Vision care and optometric services including lenses and	24684
frames;	24685

(d) Podiatric care or foot care services;

24686

(e) Mental health services, excluding diagnostic and	24687
treatment services for biologically based mental illnesses;	24688

(f) Short-term outpatient evaluative and crisis-intervention	24689
mental health services;	24690

(g) Medical or psychological treatment and referral services	24691
for alcohol and drug abuse or addiction;	24692

(h) Home health services;

24693

(i) Prescription drug services;

24694

(j) Nursing services;

24695

(k) Services of a dietitian licensed under Chapter 4759. of	24696
the Revised Code;	24697

(l) Physical therapy services;

24698

(m) Chiropractic services;

24699

(n) Any other category of services approved by the	24700
superintendent of insurance.	24701

(2) If a health insuring corporation offers prescription drug	24702
services under this division, the coverage shall include	24703
prescription drug services for the treatment of biologically based	24704
mental illnesses on the same terms and conditions as other	24705
physical diseases and disorders.	24706

(C) "Specialty health care services" means one of the	24707
supplemental health care services listed in division (B) of this	24708
section, when provided by a health insuring corporation on an	24709
outpatient-only basis and not in combination with other	24710
supplemental health care services.	24711

(D) "Biologically based mental illnesses" means	24712
schizophrenia, schizoaffective disorder, major depressive	24713
disorder, bipolar disorder, paranoia and other psychotic	24714
disorders, obsessive-compulsive disorder, and panic disorder, as	24715
these terms are defined in the most recent edition of the	24716
diagnostic and statistical manual of mental disorders published by	24717
the American psychiatric association.	24718

(E) ~~"Children's buy-in program" has the same meaning as in~~	24719
~~section 5101.5211 of the Revised Code.~~	24720

~~(F)~~ "Closed panel plan" means a health care plan that	24721
requires enrollees to use participating providers.	24722

~~(G)~~(F) "Compensation" means remuneration for the provision of	24723
health care services, determined on other than a fee-for-service	24724
or discounted-fee-for-service basis.	24725

~~(H)~~(G) "Contractual periodic prepayment" means the formula	24726
for determining the premium rate for all subscribers of a health	24727
insuring corporation.	24728

~~(I)~~(H) "Corporation" means a corporation formed under Chapter	24729
1701. or 1702. of the Revised Code or the similar laws of another	24730
state.	24731

~~(J)~~(I) "Emergency health services" means those health care	24732
services that must be available on a seven-days-per-week,	24733
twenty-four-hours-per-day basis in order to prevent jeopardy to an	24734
enrollee's health status that would occur if such services were	24735
not received as soon as possible, and includes, where appropriate,	24736
provisions for transportation and indemnity payments or service	24737
agreements for out-of-area coverage.	24738

~~(K)~~(J) "Enrollee" means any natural person who is entitled to	24739
receive health care benefits provided by a health insuring	24740
corporation.	24741

~~(L)~~(K) "Evidence of coverage" means any certificate,	24742
agreement, policy, or contract issued to a subscriber that sets	24743
out the coverage and other rights to which such person is entitled	24744
under a health care plan.	24745

~~(M)~~(L) "Health care facility" means any facility, except a	24746
health care practitioner's office, that provides preventive,	24747
diagnostic, therapeutic, acute convalescent, rehabilitation,	24748
mental health, mental retardation, intermediate care, or skilled	24749
nursing services.	24750

~~(N)~~(M) "Health care services" means basic, supplemental, and	24751
specialty health care services.	24752

~~(O)~~(N) "Health delivery network" means any group of providers	24753
or health care facilities, or both, or any representative thereof,	24754
that have entered into an agreement to offer health care services	24755
in a panel rather than on an individual basis.	24756

~~(P)~~(O) "Health insuring corporation" means a corporation, as	24757
defined in division ~~(I)~~(H) of this section, that, pursuant to a	24758
policy, contract, certificate, or agreement, pays for, reimburses,	24759
or provides, delivers, arranges for, or otherwise makes available,	24760
basic health care services, supplemental health care services, or	24761
specialty health care services, or a combination of basic health	24762
care services and either supplemental health care services or	24763
specialty health care services, through either an open panel plan	24764
or a closed panel plan.	24765

"Health insuring corporation" does not include a limited	24766
liability company formed pursuant to Chapter 1705. of the Revised	24767
Code, an insurer licensed under Title XXXIX of the Revised Code if	24768
that insurer offers only open panel plans under which all	24769
providers and health care facilities participating receive their	24770
compensation directly from the insurer, a corporation formed by or	24771
on behalf of a political subdivision or a department, office, or	24772
institution of the state, or a public entity formed by or on	24773
behalf of a board of county commissioners, a county board of	24774
developmental disabilities, an alcohol and drug addiction services	24775
board, a board of alcohol, drug addiction, and mental health	24776
services, or a community mental health board, as those terms are	24777
used in Chapters 340. and 5126. of the Revised Code. Except as	24778
provided by division (D) of section 1751.02 of the Revised Code,	24779
or as otherwise provided by law, no board, commission, agency, or	24780
other entity under the control of a political subdivision may	24781
accept insurance risk in providing for health care services.	24782
However, nothing in this division shall be construed as	24783
prohibiting such entities from purchasing the services of a health	24784
insuring corporation or a third-party administrator licensed under	24785
Chapter 3959. of the Revised Code.	24786

~~(Q)~~(P) "Intermediary organization" means a health delivery	24787
network or other entity that contracts with licensed health	24788
insuring corporations or self-insured employers, or both, to	24789
provide health care services, and that enters into contractual	24790
arrangements with other entities for the provision of health care	24791
services for the purpose of fulfilling the terms of its contracts	24792
with the health insuring corporations and self-insured employers.	24793

~~(R)~~(Q) "Intermediate care" means residential care above the	24794
level of room and board for patients who require personal	24795
assistance and health-related services, but who do not require	24796
skilled nursing care.	24797

~~(S)~~(R) "Medicaid" has the same meaning as in section 5111.01	24798
of the Revised Code.	24799

~~(T)~~(S) "Medical record" means the personal information that	24800
relates to an individual's physical or mental condition, medical	24801
history, or medical treatment.	24802

~~(U)~~(T) "Medicare" means the program established under Title	24803
XVIII of the "Social Security Act" 49 Stat. 620 (1935), 42 U.S.C.	24804
1395, as amended.	24805

~~(V)~~(U)(1) "Open panel plan" means a health care plan that	24806
provides incentives for enrollees to use participating providers	24807
and that also allows enrollees to use providers that are not	24808
participating providers.	24809

(2) No health insuring corporation may offer an open panel	24810
plan, unless the health insuring corporation is also licensed as	24811
an insurer under Title XXXIX of the Revised Code, the health	24812
insuring corporation, on June 4, 1997, holds a certificate of	24813
authority or license to operate under Chapter 1736. or 1740. of	24814
the Revised Code, or an insurer licensed under Title XXXIX of the	24815
Revised Code is responsible for the out-of-network risk as	24816
evidenced by both an evidence of coverage filing under section	24817
1751.11 of the Revised Code and a policy and certificate filing	24818
under section 3923.02 of the Revised Code.	24819

~~(W)~~(V) "Panel" means a group of providers or health care	24820
facilities that have joined together to deliver health care	24821
services through a contractual arrangement with a health insuring	24822
corporation, employer group, or other payor.	24823

~~(X)~~(W) "Person" has the same meaning as in section 1.59 of	24824
the Revised Code, and, unless the context otherwise requires,	24825
includes any insurance company holding a certificate of authority	24826
under Title XXXIX of the Revised Code, any subsidiary and	24827
affiliate of an insurance company, and any government agency.	24828

~~(Y)~~(X) "Premium rate" means any set fee regularly paid by a	24829
subscriber to a health insuring corporation. A "premium rate" does	24830
not include a one-time membership fee, an annual administrative	24831
fee, or a nominal access fee, paid to a managed health care system	24832
under which the recipient of health care services remains solely	24833
responsible for any charges accessed for those services by the	24834
provider or health care facility.	24835

~~(Z)~~(Y) "Primary care provider" means a provider that is	24836
designated by a health insuring corporation to supervise,	24837
coordinate, or provide initial care or continuing care to an	24838
enrollee, and that may be required by the health insuring	24839
corporation to initiate a referral for specialty care and to	24840
maintain supervision of the health care services rendered to the	24841
enrollee.	24842

~~(AA)~~(Z) "Provider" means any natural person or partnership of	24843
natural persons who are licensed, certified, accredited, or	24844
otherwise authorized in this state to furnish health care	24845
services, or any professional association organized under Chapter	24846
1785. of the Revised Code, provided that nothing in this chapter	24847
or other provisions of law shall be construed to preclude a health	24848
insuring corporation, health care practitioner, or organized	24849
health care group associated with a health insuring corporation	24850
from employing certified nurse practitioners, certified nurse	24851
anesthetists, clinical nurse specialists, certified nurse	24852
midwives, dietitians, physician assistants, dental assistants,	24853
dental hygienists, optometric technicians, or other allied health	24854
personnel who are licensed, certified, accredited, or otherwise	24855
authorized in this state to furnish health care services.	24856

~~(BB)~~(AA) "Provider sponsored organization" means a	24857
corporation, as defined in division ~~(I)~~(H) of this section, that	24858
is at least eighty per cent owned or controlled by one or more	24859
hospitals, as defined in section 3727.01 of the Revised Code, or	24860
one or more physicians licensed to practice medicine or surgery or	24861
osteopathic medicine and surgery under Chapter 4731. of the	24862
Revised Code, or any combination of such physicians and hospitals.	24863
Such control is presumed to exist if at least eighty per cent of	24864
the voting rights or governance rights of a provider sponsored	24865
organization are directly or indirectly owned, controlled, or	24866
otherwise held by any combination of the physicians and hospitals	24867
described in this division.	24868

~~(CC)~~(BB) "Solicitation document" means the written materials	24869
provided to prospective subscribers or enrollees, or both, and	24870
used for advertising and marketing to induce enrollment in the	24871
health care plans of a health insuring corporation.	24872

~~(DD)~~(CC) "Subscriber" means a person who is responsible for	24873
making payments to a health insuring corporation for participation	24874
in a health care plan, or an enrollee whose employment or other	24875
status is the basis of eligibility for enrollment in a health	24876
insuring corporation.	24877

~~(EE)~~(DD) "Urgent care services" means those health care	24878
services that are appropriately provided for an unforeseen	24879
condition of a kind that usually requires medical attention	24880
without delay but that does not pose a threat to the life, limb,	24881
or permanent health of the injured or ill person, and may include	24882
such health care services provided out of the health insuring	24883
corporation's approved service area pursuant to indemnity payments	24884
or service agreements.	24885

Sec. 1751.04. (A) Except as provided by division (D) of this	24886
section, upon the receipt by the superintendent of insurance of a	24887
complete application for a certificate of authority to establish	24888
or operate a health insuring corporation, which application sets	24889
forth or is accompanied by the information and documents required	24890
by division (A) of section 1751.03 of the Revised Code, the	24891
superintendent shall review the application and accompanying	24892
documents and make findings as to whether the applicant for a	24893
certificate of authority has done all of the following with	24894
respect to any basic health care services and supplemental health	24895
care services to be furnished:	24896

(1) Demonstrated the willingness and potential ability to	24897
ensure that all basic health care services and supplemental health	24898
care services described in the evidence of coverage will be	24899
provided to all its enrollees as promptly as is appropriate and in	24900
a manner that assures continuity;	24901

(2) Made effective arrangements to ensure that its enrollees	24902
have reliable access to qualified providers in those specialties	24903
that are generally available in the geographic area or areas to be	24904
served by the applicant and that are necessary to provide all	24905
basic health care services and supplemental health care services	24906
described in the evidence of coverage;	24907

(3) Made appropriate arrangements for the availability of	24908
short-term health care services in emergencies within the	24909
geographic area or areas to be served by the applicant,	24910
twenty-four hours per day, seven days per week, and for the	24911
provision of adequate coverage whenever an out-of-area emergency	24912
arises;	24913

(4) Made appropriate arrangements for an ongoing evaluation	24914
and assurance of the quality of health care services provided to	24915
enrollees, including, if applicable, the development of a quality	24916
assurance program complying with the requirements of sections	24917
1751.73 to 1751.75 of the Revised Code, and the adequacy of the	24918
personnel, facilities, and equipment by or through which the	24919
services are rendered;	24920

(5) Developed a procedure to gather and report statistics	24921
relating to the cost and effectiveness of its operations, the	24922
pattern of utilization of its services, and the quality,	24923
availability, and accessibility of its services.	24924

(B) Based upon the information provided in the application	24925
for issuance of a certificate of authority, the superintendent	24926
shall determine whether or not the applicant meets the	24927
requirements of division (A) of this section. If the	24928
superintendent determines that the applicant does not meet these	24929
requirements, the superintendent shall specify in what respects it	24930
is deficient. However, the superintendent shall not deny an	24931
application because the requirements of this section are not met	24932
unless the applicant has been given an opportunity for a hearing	24933
on that issue.	24934

(C) If the applicant requests a hearing, the superintendent	24935
shall hold a hearing before denying an application because the	24936
applicant does not meet the requirements of this section. The	24937
hearing shall be held in accordance with Chapter 119. of the	24938
Revised Code.	24939

(D) Nothing in this section requires the superintendent to	24940
review or make findings with regard to an application and	24941
accompanying documents to establish or operate any of the	24942
following:	24943

(1) A health insuring corporation to cover solely medicaid	24944
recipients;	24945

(2) A health insuring corporation to cover solely medicare	24946
beneficiaries;	24947

(3) A health insuring corporation to cover solely medicaid	24948
recipients and medicare beneficiaries;	24949

~~(4) A health insuring corporation to cover solely~~	24950
~~participants of the children's buy-in program;~~	24951

~~(5) A health insuring corporation to cover solely medicaid~~	24952
~~recipients and participants of the children's buy-in program;~~	24953

~~(6) A health insuring corporation to cover solely medicaid~~	24954
~~recipients, medicare beneficiaries, and participants of the~~	24955
~~children's buy-in program~~.	24956

Sec. 1751.11. (A) Every subscriber of a health insuring	24957
corporation is entitled to an evidence of coverage for the health	24958
care plan under which health care benefits are provided.	24959

(B) Every subscriber of a health insuring corporation that	24960
offers basic health care services is entitled to an identification	24961
card or similar document that specifies the health insuring	24962
corporation's name as stated in its articles of incorporation, and	24963
any trade or fictitious names used by the health insuring	24964
corporation. The identification card or document shall list at	24965
least one toll-free telephone number that provides the subscriber	24966
with access, to information on a twenty-four-hours-per-day,	24967
seven-days-per-week basis, as to how health care services may be	24968
obtained. The identification card or document shall also list at	24969
least one toll-free number that, during normal business hours,	24970
provides the subscriber with access to information on the coverage	24971
available under the subscriber's health care plan and information	24972
on the health care plan's internal and external review processes.	24973

(C) No evidence of coverage, or amendment to the evidence of	24974
coverage, shall be delivered, issued for delivery, renewed, or	24975
used, until the form of the evidence of coverage or amendment has	24976
been filed by the health insuring corporation with the	24977
superintendent of insurance. If the superintendent does not	24978
disapprove the evidence of coverage or amendment within sixty days	24979
after it is filed it shall be deemed approved, unless the	24980
superintendent sooner gives approval for the evidence of coverage	24981
or amendment. With respect to an amendment to an approved evidence	24982
of coverage, the superintendent only may disapprove provisions	24983
amended or added to the evidence of coverage. If the	24984
superintendent determines within the sixty-day period that any	24985
evidence of coverage or amendment fails to meet the requirements	24986
of this section, the superintendent shall so notify the health	24987
insuring corporation and it shall be unlawful for the health	24988
insuring corporation to use such evidence of coverage or	24989
amendment. At any time, the superintendent, upon at least thirty	24990
days' written notice to a health insuring corporation, may	24991
withdraw an approval, deemed or actual, of any evidence of	24992
coverage or amendment on any of the grounds stated in this	24993
section. Such disapproval shall be effected by a written order,	24994
which shall state the grounds for disapproval and shall be issued	24995
in accordance with Chapter 119. of the Revised Code.	24996

(D) No evidence of coverage or amendment shall be delivered,	24997
issued for delivery, renewed, or used:	24998

(1) If it contains provisions or statements that are	24999
inequitable, untrue, misleading, or deceptive;	25000

(2) Unless it contains a clear, concise, and complete	25001
statement of the following:	25002

(a) The health care services and insurance or other benefits,	25003
if any, to which an enrollee is entitled under the health care	25004
plan;	25005

(b) Any exclusions or limitations on the health care	25006
services, type of health care services, benefits, or type of	25007
benefits to be provided, including copayments and deductibles;	25008

(c) An enrollee's personal financial obligation for	25009
noncovered services;	25010

(d) Where and in what manner general information and	25011
information as to how health care services may be obtained is	25012
available, including a toll-free telephone number;	25013

(e) The premium rate with respect to individual and	25014
conversion contracts, and relevant copayment and deductible	25015
provisions with respect to all contracts. The statement of the	25016
premium rate, however, may be contained in a separate insert.	25017

(f) The method utilized by the health insuring corporation	25018
for resolving enrollee complaints;	25019

(g) The utilization review, internal review, and external	25020
review procedures established under sections 1751.77 to 1751.85 of	25021
the Revised Code.	25022

(3) Unless it provides for the continuation of an enrollee's	25023
coverage, in the event that the enrollee's coverage under the	25024
group policy, contract, certificate, or agreement terminates while	25025
the enrollee is receiving inpatient care in a hospital. This	25026
continuation of coverage shall terminate at the earliest	25027
occurrence of any of the following:	25028

(a) The enrollee's discharge from the hospital;

25029

(b) The determination by the enrollee's attending physician	25030
that inpatient care is no longer medically indicated for the	25031
enrollee; however, nothing in division (D)(3)(b) of this section	25032
precludes a health insuring corporation from engaging in	25033
utilization review as described in the evidence of coverage.	25034

(c) The enrollee's reaching the limit for contractual	25035
benefits;	25036

(d) The effective date of any new coverage.

25037

(4) Unless it contains a provision that states, in substance,	25038
that the health insuring corporation is not a member of any	25039
guaranty fund, and that in the event of the health insuring	25040
corporation's insolvency, an enrollee is protected only to the	25041
extent that the hold harmless provision required by section	25042
1751.13 of the Revised Code applies to the health care services	25043
rendered;	25044

(5) Unless it contains a provision that states, in substance,	25045
that in the event of the insolvency of the health insuring	25046
corporation, an enrollee may be financially responsible for health	25047
care services rendered by a provider or health care facility that	25048
is not under contract to the health insuring corporation, whether	25049
or not the health insuring corporation authorized the use of the	25050
provider or health care facility.	25051

(E) Notwithstanding divisions (C) and (D) of this section, a	25052
health insuring corporation may use an evidence of coverage that	25053
provides for the coverage of beneficiaries enrolled in medicare	25054
pursuant to a medicare contract, or an evidence of coverage that	25055
provides for the coverage of beneficiaries enrolled in the federal	25056
employees health benefits program pursuant to 5 U.S.C.A. 8905, or	25057
an evidence of coverage that provides for the coverage of medicaid	25058
recipients, ~~or an evidence of coverage that provides for coverage~~	25059
~~of participants of the children's buy-in program,~~ or an evidence	25060
of coverage that provides for the coverage of beneficiaries under	25061
any other federal health care program regulated by a federal	25062
regulatory body, or an evidence of coverage that provides for the	25063
coverage of beneficiaries under any contract covering officers or	25064
employees of the state that has been entered into by the	25065
department of administrative services, if both of the following	25066
apply:	25067

(1) The evidence of coverage has been approved by the United	25068
States department of health and human services, the United States	25069
office of personnel management, the Ohio department of job and	25070
family services, or the department of administrative services.	25071

(2) The evidence of coverage is filed with the superintendent	25072
of insurance prior to use and is accompanied by documentation of	25073
approval from the United States department of health and human	25074
services, the United States office of personnel management, the	25075
Ohio department of job and family services, or the department of	25076
administrative services.	25077

Sec. 1751.111. (A)(1) This section applies to both of the	25078
following:	25079

(a) A health insuring corporation that issues or requires the	25080
use of a standardized identification card or an electronic	25081
technology for submission and routing of prescription drug claims	25082
pursuant to a policy, contract, or agreement for health care	25083
services;	25084

(b) A person or entity that a health insuring corporation	25085
contracts with to issue a standardized identification card or an	25086
electronic technology described in division (A)(1)(a) of this	25087
section.	25088

(2) Notwithstanding division (A)(1) of this section, this	25089
section does not apply to the issuance or required use of a	25090
standardized identification card or an electronic technology for	25091
submission and routing of prescription drug claims in connection	25092
with any of the following:	25093

(a) Coverage provided under the medicare advantage program	25094
operated pursuant to Part C of Title XVIII of the "Social Security	25095
Act," 49 Stat. 62 (1935), 42 U.S.C. 301, as amended.	25096

(b) Coverage provided under medicaid.

25097

25098

~~(d)~~ Coverage provided under an employer's self-insurance plan	25099
or by any of its administrators, as defined in section 3959.01 of	25100
the Revised Code, to the extent that federal law supersedes,	25101
preempts, prohibits, or otherwise precludes the application of	25102
this section to the plan and its administrators.	25103

(B) A standardized identification card or an electronic	25104
technology issued or required to be used as provided in division	25105
(A)(1) of this section shall contain uniform prescription drug	25106
information in accordance with either division (B)(1) or (2) of	25107
this section.	25108

(1) The standardized identification card or the electronic	25109
technology shall be in a format and contain information fields	25110
approved by the national council for prescription drug programs or	25111
a successor organization, as specified in the council's or	25112
successor organization's pharmacy identification card	25113
implementation guide in effect on the first day of October most	25114
immediately preceding the issuance or required use of the	25115
standardized identification card or the electronic technology.	25116

(2) If the health insuring corporation or the person under	25117
contract with the corporation to issue a standardized	25118
identification card or an electronic technology requires the	25119
information for the submission and routing of a claim, the	25120
standardized identification card or the electronic technology	25121
shall contain any of the following information:	25122

(a) The health insuring corporation's name;

25123

(b) The subscriber's name, group number, and identification	25124
number;	25125

(c) A telephone number to inquire about pharmacy-related	25126
issues;	25127

(d) The issuer's international identification number, labeled	25128
as "ANSI BIN" or "RxBIN";	25129

(e) The processor's control number, labeled as "RxPCN";

25130

(f) The subscriber's pharmacy benefits group number if	25131
different from the subscriber's medical group number, labeled as	25132
"RxGrp."	25133

(C) If the standardized identification card or the electronic	25134
technology issued or required to be used as provided in division	25135
(A)(1) of this section is also used for submission and routing of	25136
nonpharmacy claims, the designation "Rx" is required to be	25137
included as part of the labels identified in divisions (B)(2)(d)	25138
and (e) of this section if the issuer's international	25139
identification number or the processor's control number is	25140
different for medical and pharmacy claims.	25141

(D) Each health insuring corporation described in division	25142
(A) of this section shall annually file a certificate with the	25143
superintendent of insurance certifying that it or any person it	25144
contracts with to issue a standardized identification card or	25145
electronic technology for submission and routing of prescription	25146
drug claims complies with this section.	25147

(E)(1) Except as provided in division (E)(2) of this section,	25148
if there is a change in the information contained in the	25149
standardized identification card or the electronic technology	25150
issued to a subscriber, the health insuring corporation or person	25151
under contract with the corporation to issue a standardized	25152
identification card or an electronic technology shall issue a new	25153
card or electronic technology to the subscriber.	25154

(2) A health insuring corporation or person under contract	25155
with the corporation is not required under division (E)(1) of this	25156
section to issue a new card or electronic technology to a	25157
subscriber more than once during a twelve-month period.	25158

(F) Nothing in this section shall be construed as requiring a	25159
health insuring corporation to produce more than one standardized	25160
identification card or one electronic technology for use by	25161
subscribers accessing health care benefits provided under a	25162
policy, contract, or agreement for health care services.	25163

Sec. 1751.12. (A)(1) No contractual periodic prepayment and	25164
no premium rate for nongroup and conversion policies for health	25165
care services, or any amendment to them, may be used by any health	25166
insuring corporation at any time until the contractual periodic	25167
prepayment and premium rate, or amendment, have been filed with	25168
the superintendent of insurance, and shall not be effective until	25169
the expiration of sixty days after their filing unless the	25170
superintendent sooner gives approval. The filing shall be	25171
accompanied by an actuarial certification in the form prescribed	25172
by the superintendent. The superintendent shall disapprove the	25173
filing, if the superintendent determines within the sixty-day	25174
period that the contractual periodic prepayment or premium rate,	25175
or amendment, is not in accordance with sound actuarial principles	25176
or is not reasonably related to the applicable coverage and	25177
characteristics of the applicable class of enrollees. The	25178
superintendent shall notify the health insuring corporation of the	25179
disapproval, and it shall thereafter be unlawful for the health	25180
insuring corporation to use the contractual periodic prepayment or	25181
premium rate, or amendment.	25182

(2) No contractual periodic prepayment for group policies for	25183
health care services shall be used until the contractual periodic	25184
prepayment has been filed with the superintendent. The filing	25185
shall be accompanied by an actuarial certification in the form	25186
prescribed by the superintendent. The superintendent may reject a	25187
filing made under division (A)(2) of this section at any time,	25188
with at least thirty days' written notice to a health insuring	25189
corporation, if the contractual periodic prepayment is not in	25190
accordance with sound actuarial principles or is not reasonably	25191
related to the applicable coverage and characteristics of the	25192
applicable class of enrollees.	25193

(3) At any time, the superintendent, upon at least thirty	25194
days' written notice to a health insuring corporation, may	25195
withdraw the approval given under division (A)(1) of this section,	25196
deemed or actual, of any contractual periodic prepayment or	25197
premium rate, or amendment, based on information that either of	25198
the following applies:	25199

(a) The contractual periodic prepayment or premium rate, or	25200
amendment, is not in accordance with sound actuarial principles.	25201

(b) The contractual periodic prepayment or premium rate, or	25202
amendment, is not reasonably related to the applicable coverage	25203
and characteristics of the applicable class of enrollees.	25204

(4) Any disapproval under division (A)(1) of this section,	25205
any rejection of a filing made under division (A)(2) of this	25206
section, or any withdrawal of approval under division (A)(3) of	25207
this section, shall be effected by a written notice, which shall	25208
state the specific basis for the disapproval, rejection, or	25209
withdrawal and shall be issued in accordance with Chapter 119. of	25210
the Revised Code.	25211

(B) Notwithstanding division (A) of this section, a health	25212
insuring corporation may use a contractual periodic prepayment or	25213
premium rate for policies used for the coverage of beneficiaries	25214
enrolled in medicare pursuant to a medicare risk contract or	25215
medicare cost contract, or for policies used for the coverage of	25216
beneficiaries enrolled in the federal employees health benefits	25217
program pursuant to 5 U.S.C.A. 8905, or for policies used for the	25218
coverage of medicaid recipients, ~~or for policies used for coverage~~	25219
~~of participants of the children's buy-in program,~~ or for policies	25220
used for the coverage of beneficiaries under any other federal	25221
health care program regulated by a federal regulatory body, or for	25222
policies used for the coverage of beneficiaries under any contract	25223
covering officers or employees of the state that has been entered	25224
into by the department of administrative services, if both of the	25225
following apply:	25226

(1) The contractual periodic prepayment or premium rate has	25227
been approved by the United States department of health and human	25228
services, the United States office of personnel management, the	25229
department of job and family services, or the department of	25230
administrative services.	25231

(2) The contractual periodic prepayment or premium rate is	25232
filed with the superintendent prior to use and is accompanied by	25233
documentation of approval from the United States department of	25234
health and human services, the United States office of personnel	25235
management, the department of job and family services, or the	25236
department of administrative services.	25237

(C) The administrative expense portion of all contractual	25238
periodic prepayment or premium rate filings submitted to the	25239
superintendent for review must reflect the actual cost of	25240
administering the product. The superintendent may require that the	25241
administrative expense portion of the filings be itemized and	25242
supported.	25243

(D)(1) Copayments must be reasonable and must not be a	25244
barrier to the necessary utilization of services by enrollees.	25245

(2) A health insuring corporation, in order to ensure that	25246
copayments are reasonable and not a barrier to the necessary	25247
utilization of basic health care services by enrollees, may do one	25248
of the following:	25249

(a) Impose copayment charges on any single covered basic	25250
health care service that does not exceed forty per cent of the	25251
average cost to the health insuring corporation of providing the	25252
service;	25253

(b) Impose copayment charges that annually do not exceed	25254
twenty per cent of the total annual cost to the health insuring	25255
corporation of providing all covered basic health care services,	25256
including physician office visits, urgent care services, and	25257
emergency health services, when aggregated as to all persons	25258
covered under the filed product in question. In addition, annual	25259
copayment charges as to each enrollee shall not exceed twenty per	25260
cent of the total annual cost to the health insuring corporation	25261
of providing all covered basic health care services, including	25262
physician office visits, urgent care services, and emergency	25263
health services, as to such enrollee. The total annual cost of	25264
providing a health care service is the cost to the health insuring	25265
corporation of providing the health care service to its enrollees	25266
as reduced by any applicable provider discount.	25267

(3) To ensure that copayments are reasonable and not a	25268
barrier to the utilization of basic health care services, a health	25269
insuring corporation may not impose, in any contract year, on any	25270
subscriber or enrollee, copayments that exceed two hundred per	25271
cent of the average annual premium rate to subscribers or	25272
enrollees.	25273

(4) For purposes of division (D) of this section, both of the	25274
following apply:	25275

(a) Copayments imposed by health insuring corporations in	25276
connection with a high deductible health plan that is linked to a	25277
health savings account are reasonable and are not a barrier to the	25278
necessary utilization of services by enrollees.	25279

(b) Divisions (D)(2) and (3) of this section do not apply to	25280
a high deductible health plan that is linked to a health savings	25281
account.	25282

(E) A health insuring corporation shall not impose lifetime	25283
maximums on basic health care services. However, a health insuring	25284
corporation may establish a benefit limit for inpatient hospital	25285
services that are provided pursuant to a policy, contract,	25286
certificate, or agreement for supplemental health care services.	25287

(F) A health insuring corporation may require that an	25288
enrollee pay an annual deductible that does not exceed one	25289
thousand dollars per enrollee or two thousand dollars per family,	25290
except that:	25291

(1) A health insuring corporation may impose higher	25292
deductibles for high deductible health plans that are linked to	25293
health savings accounts;	25294

(2) The superintendent may adopt rules allowing different	25295
annual deductible amounts for plans with a medical savings	25296
account, health reimbursement arrangement, flexible spending	25297
account, or similar account;	25298

(3) A health insuring corporation may impose higher	25299
deductibles under health plans if requested by the group contract,	25300
policy, certificate, or agreement holder, or an individual seeking	25301
coverage under an individual health plan. This shall not be	25302
construed as requiring the health insuring corporation to create	25303
customized health plans for group contract holders or individuals.	25304

(G) As used in this section, "health savings account" and	25305
"high deductible health plan" have the same meanings as in the	25306
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 223, as	25307
amended.	25308

Sec. 1751.13. (A)(1)(a) A health insuring corporation shall,	25309
either directly or indirectly, enter into contracts for the	25310
provision of health care services with a sufficient number and	25311
types of providers and health care facilities to ensure that all	25312
covered health care services will be accessible to enrollees from	25313
a contracted provider or health care facility.	25314

(b) A health insuring corporation shall not refuse to	25315
contract with a physician for the provision of health care	25316
services or refuse to recognize a physician as a specialist on the	25317
basis that the physician attended an educational program or a	25318
residency program approved or certified by the American	25319
osteopathic association. A health insuring corporation shall not	25320
refuse to contract with a health care facility for the provision	25321
of health care services on the basis that the health care facility	25322
is certified or accredited by the American osteopathic association	25323
or that the health care facility is an osteopathic hospital as	25324
defined in section 3702.51 of the Revised Code.	25325

(c) Nothing in division (A)(1)(b) of this section shall be	25326
construed to require a health insuring corporation to make a	25327
benefit payment under a closed panel plan to a physician or health	25328
care facility with which the health insuring corporation does not	25329
have a contract, provided that none of the bases set forth in that	25330
division are used as a reason for failing to make a benefit	25331
payment.	25332

(2) When a health insuring corporation is unable to provide a	25333
covered health care service from a contracted provider or health	25334
care facility, the health insuring corporation must provide that	25335
health care service from a noncontracted provider or health care	25336
facility consistent with the terms of the enrollee's policy,	25337
contract, certificate, or agreement. The health insuring	25338
corporation shall either ensure that the health care service be	25339
provided at no greater cost to the enrollee than if the enrollee	25340
had obtained the health care service from a contracted provider or	25341
health care facility, or make other arrangements acceptable to the	25342
superintendent of insurance.	25343

(3) Nothing in this section shall prohibit a health insuring	25344
corporation from entering into contracts with out-of-state	25345
providers or health care facilities that are licensed, certified,	25346
accredited, or otherwise authorized in that state.	25347

(B)(1) A health insuring corporation shall, either directly	25348
or indirectly, enter into contracts with all providers and health	25349
care facilities through which health care services are provided to	25350
its enrollees.	25351

(2) A health insuring corporation, upon written request,	25352
shall assist its contracted providers in finding stop-loss or	25353
reinsurance carriers.	25354

(C) A health insuring corporation shall file an annual	25355
certificate with the superintendent certifying that all provider	25356
contracts and contracts with health care facilities through which	25357
health care services are being provided contain the following:	25358

(1) A description of the method by which the provider or	25359
health care facility will be notified of the specific health care	25360
services for which the provider or health care facility will be	25361
responsible, including any limitations or conditions on such	25362
services;	25363

(2) The specific hold harmless provision specifying	25364
protection of enrollees set forth as follows:	25365

"[Provider/Health Care Facility] agrees that in no event,	25366
including but not limited to nonpayment by the health insuring	25367
corporation, insolvency of the health insuring corporation, or	25368
breach of this agreement, shall [Provider/Health Care Facility]	25369
bill, charge, collect a deposit from, seek remuneration or	25370
reimbursement from, or have any recourse against, a subscriber,	25371
enrollee, person to whom health care services have been provided,	25372
or person acting on behalf of the covered enrollee, for health	25373
care services provided pursuant to this agreement. This does not	25374
prohibit [Provider/Health Care Facility] from collecting	25375
co-insurance, deductibles, or copayments as specifically provided	25376
in the evidence of coverage, or fees for uncovered health care	25377
services delivered on a fee-for-service basis to persons	25378
referenced above, nor from any recourse against the health	25379
insuring corporation or its successor."	25380

(3) Provisions requiring the provider or health care facility	25381
to continue to provide covered health care services to enrollees	25382
in the event of the health insuring corporation's insolvency or	25383
discontinuance of operations. The provisions shall require the	25384
provider or health care facility to continue to provide covered	25385
health care services to enrollees as needed to complete any	25386
medically necessary procedures commenced but unfinished at the	25387
time of the health insuring corporation's insolvency or	25388
discontinuance of operations. The completion of a medically	25389
necessary procedure shall include the rendering of all covered	25390
health care services that constitute medically necessary follow-up	25391
care for that procedure. If an enrollee is receiving necessary	25392
inpatient care at a hospital, the provisions may limit the	25393
required provision of covered health care services relating to	25394
that inpatient care in accordance with division (D)(3) of section	25395
1751.11 of the Revised Code, and may also limit such required	25396
provision of covered health care services to the period ending	25397
thirty days after the health insuring corporation's insolvency or	25398
discontinuance of operations.	25399

The provisions required by division (C)(3) of this section	25400
shall not require any provider or health care facility to continue	25401
to provide any covered health care service after the occurrence of	25402
any of the following:	25403

(a) The end of the thirty-day period following the entry of a	25404
liquidation order under Chapter 3903. of the Revised Code;	25405

(b) The end of the enrollee's period of coverage for a	25406
contractual prepayment or premium;	25407

(c) The enrollee obtains equivalent coverage with another	25408
health insuring corporation or insurer, or the enrollee's employer	25409
obtains such coverage for the enrollee;	25410

(d) The enrollee or the enrollee's employer terminates	25411
coverage under the contract;	25412

(e) A liquidator effects a transfer of the health insuring	25413
corporation's obligations under the contract under division (A)(8)	25414
of section 3903.21 of the Revised Code.	25415

(4) A provision clearly stating the rights and	25416
responsibilities of the health insuring corporation, and of the	25417
contracted providers and health care facilities, with respect to	25418
administrative policies and programs, including, but not limited	25419
to, payments systems, utilization review, quality assurance,	25420
assessment, and improvement programs, credentialing,	25421
confidentiality requirements, and any applicable federal or state	25422
programs;	25423

(5) A provision regarding the availability and	25424
confidentiality of those health records maintained by providers	25425
and health care facilities to monitor and evaluate the quality of	25426
care, to conduct evaluations and audits, and to determine on a	25427
concurrent or retrospective basis the necessity of and	25428
appropriateness of health care services provided to enrollees. The	25429
provision shall include terms requiring the provider or health	25430
care facility to make these health records available to	25431
appropriate state and federal authorities involved in assessing	25432
the quality of care or in investigating the grievances or	25433
complaints of enrollees, and requiring the provider or health care	25434
facility to comply with applicable state and federal laws related	25435
to the confidentiality of medical or health records.	25436

(6) A provision that states that contractual rights and	25437
responsibilities may not be assigned or delegated by the provider	25438
or health care facility without the prior written consent of the	25439
health insuring corporation;	25440

(7) A provision requiring the provider or health care	25441
facility to maintain adequate professional liability and	25442
malpractice insurance. The provision shall also require the	25443
provider or health care facility to notify the health insuring	25444
corporation not more than ten days after the provider's or health	25445
care facility's receipt of notice of any reduction or cancellation	25446
of such coverage.	25447

(8) A provision requiring the provider or health care	25448
facility to observe, protect, and promote the rights of enrollees	25449
as patients;	25450

(9) A provision requiring the provider or health care	25451
facility to provide health care services without discrimination on	25452
the basis of a patient's participation in the health care plan,	25453
age, sex, ethnicity, religion, sexual preference, health status,	25454
or disability, and without regard to the source of payments made	25455
for health care services rendered to a patient. This requirement	25456
shall not apply to circumstances when the provider or health care	25457
facility appropriately does not render services due to limitations	25458
arising from the provider's or health care facility's lack of	25459
training, experience, or skill, or due to licensing restrictions.	25460

(10) A provision containing the specifics of any obligation	25461
on the primary care provider to provide, or to arrange for the	25462
provision of, covered health care services twenty-four hours per	25463
day, seven days per week;	25464

(11) A provision setting forth procedures for the resolution	25465
of disputes arising out of the contract;	25466

(12) A provision stating that the hold harmless provision	25467
required by division (C)(2) of this section shall survive the	25468
termination of the contract with respect to services covered and	25469
provided under the contract during the time the contract was in	25470
effect, regardless of the reason for the termination, including	25471
the insolvency of the health insuring corporation;	25472

(13) A provision requiring those terms that are used in the	25473
contract and that are defined by this chapter, be used in the	25474
contract in a manner consistent with those definitions.	25475

This division does not apply to the coverage of beneficiaries	25476
enrolled in medicare pursuant to a medicare risk contract or	25477
medicare cost contract, or to the coverage of beneficiaries	25478
enrolled in the federal employee health benefits program pursuant	25479
to 5 U.S.C.A. 8905, or to the coverage of medicaid recipients, or	25480
to the coverage of beneficiaries under any federal health care	25481
program regulated by a federal regulatory body, ~~or to the coverage~~	25482
~~of participants of the children's buy-in program,~~ or to the	25483
coverage of beneficiaries under any contract covering officers or	25484
employees of the state that has been entered into by the	25485
department of administrative services.	25486

(D)(1) No health insuring corporation contract with a	25487
provider or health care facility shall contain any of the	25488
following:	25489

(a) A provision that directly or indirectly offers an	25490
inducement to the provider or health care facility to reduce or	25491
limit medically necessary health care services to a covered	25492
enrollee;	25493

(b) A provision that penalizes a provider or health care	25494
facility that assists an enrollee to seek a reconsideration of the	25495
health insuring corporation's decision to deny or limit benefits	25496
to the enrollee;	25497

(c) A provision that limits or otherwise restricts the	25498
provider's or health care facility's ethical and legal	25499
responsibility to fully advise enrollees about their medical	25500
condition and about medically appropriate treatment options;	25501

(d) A provision that penalizes a provider or health care	25502
facility for principally advocating for medically necessary health	25503
care services;	25504

(e) A provision that penalizes a provider or health care	25505
facility for providing information or testimony to a legislative	25506
or regulatory body or agency. This shall not be construed to	25507
prohibit a health insuring corporation from penalizing a provider	25508
or health care facility that provides information or testimony	25509
that is libelous or slanderous or that discloses trade secrets	25510
which the provider or health care facility has no privilege or	25511
permission to disclose.	25512

(f) A provision that violates Chapter 3963. of the Revised	25513
Code.	25514

(2) Nothing in this division shall be construed to prohibit a	25515
health insuring corporation from doing either of the following:	25516

(a) Making a determination not to reimburse or pay for a	25517
particular medical treatment or other health care service;	25518

(b) Enforcing reasonable peer review or utilization review	25519
protocols, or determining whether a particular provider or health	25520
care facility has complied with these protocols.	25521

(E) Any contract between a health insuring corporation and an	25522
intermediary organization shall clearly specify that the health	25523
insuring corporation must approve or disapprove the participation	25524
of any provider or health care facility with which the	25525
intermediary organization contracts.	25526

(F) If an intermediary organization that is not a health	25527
delivery network contracting solely with self-insured employers	25528
subcontracts with a provider or health care facility, the	25529
subcontract with the provider or health care facility shall do all	25530
of the following:	25531

(1) Contain the provisions required by divisions (C) and (G)	25532
of this section, as made applicable to an intermediary	25533
organization, without the inclusion of inducements or penalties	25534
described in division (D) of this section;	25535

(2) Acknowledge that the health insuring corporation is a	25536
third-party beneficiary to the agreement;	25537

(3) Acknowledge the health insuring corporation's role in	25538
approving the participation of the provider or health care	25539
facility, pursuant to division (E) of this section.	25540

(G) Any provider contract or contract with a health care	25541
facility shall clearly specify the health insuring corporation's	25542
statutory responsibility to monitor and oversee the offering of	25543
covered health care services to its enrollees.	25544

(H)(1) A health insuring corporation shall maintain its	25545
provider contracts and its contracts with health care facilities	25546
at one or more of its places of business in this state, and shall	25547
provide copies of these contracts to facilitate regulatory review	25548
upon written notice by the superintendent of insurance.	25549

(2) Any contract with an intermediary organization that	25550
accepts compensation shall include provisions requiring the	25551
intermediary organization to provide the superintendent with	25552
regulatory access to all books, records, financial information,	25553
and documents related to the provision of health care services to	25554
subscribers and enrollees under the contract. The contract shall	25555
require the intermediary organization to maintain such books,	25556
records, financial information, and documents at its principal	25557
place of business in this state and to preserve them for at least	25558
three years in a manner that facilitates regulatory review.	25559

(I)(1) A health insuring corporation shall notify its	25560
affected enrollees of the termination of a contract for the	25561
provision of health care services between the health insuring	25562
corporation and a primary care physician or hospital, by mail,	25563
within thirty days after the termination of the contract.	25564

(a) Notice shall be given to subscribers of the termination	25565
of a contract with a primary care physician if the subscriber, or	25566
a dependent covered under the subscriber's health care coverage,	25567
has received health care services from the primary care physician	25568
within the previous twelve months or if the subscriber or	25569
dependent has selected the physician as the subscriber's or	25570
dependent's primary care physician within the previous twelve	25571
months.	25572

(b) Notice shall be given to subscribers of the termination	25573
of a contract with a hospital if the subscriber, or a dependent	25574
covered under the subscriber's health care coverage, has received	25575
health care services from that hospital within the previous twelve	25576
months.	25577

(2) The health insuring corporation shall pay, in accordance	25578
with the terms of the contract, for all covered health care	25579
services rendered to an enrollee by a primary care physician or	25580
hospital between the date of the termination of the contract and	25581
five days after the notification of the contract termination is	25582
mailed to a subscriber at the subscriber's last known address.	25583

(J) Divisions (A) and (B) of this section do not apply to any	25584
health insuring corporation that, on June 4, 1997, holds a	25585
certificate of authority or license to operate under Chapter 1740.	25586
of the Revised Code.	25587

(K) Nothing in this section shall restrict the governing body	25588
of a hospital from exercising the authority granted it pursuant to	25589
section 3701.351 of the Revised Code.	25590

Sec. 1751.15. (A) Each health insuring corporation shall	25591
accept individuals for open enrollment coverage as provided in	25592
sections 3923.58 and 3923.581 of the Revised Code. A health	25593
insuring corporation may reinsure coverage of any individual	25594
acquired under those sections with the open enrollment reinsurance	25595
program in accordance with division (G) of section 3924.11 of the	25596
Revised Code. Fixed periodic prepayment rates charged for coverage	25597
reinsured by the program shall be established in accordance with	25598
section 3924.12 of the Revised Code.	25599

(B) This section does not apply to any of the following:

25600

(1) Any health insuring corporation that offers only	25601
supplemental health care services or specialty health care	25602
services;	25603

(2) Any health insuring corporation that offers plans only	25604
through medicare,or medicaid~~, or the children's buy-in program~~	25605
and that has no other commercial enrollment;	25606

(3) Any health insuring corporation that offers plans only	25607
through other federal health care programs regulated by federal	25608
regulatory bodies and that has no other commercial enrollment;	25609

(4) Any health insuring corporation that offers plans only	25610
through contracts covering officers or employees of the state that	25611
have been entered into by the department of administrative	25612
services and that has no other commercial enrollment.	25613

Sec. 1751.17. (A) As used in this section, "nongroup	25614
contract" means a contract issued by a health insuring corporation	25615
to an individual who makes direct application for coverage under	25616
the contract and who, if required by the health insuring	25617
corporation, submits to medical underwriting. "Nongroup contract"	25618
does not include group conversion coverage, coverage obtained	25619
through open enrollment, or coverage issued on the basis of	25620
membership in a group.	25621

(B) Except as provided in division (C) of this section, every	25622
nongroup contract that is issued by a health insuring corporation	25623
and that makes available basic health care services shall provide	25624
an option for conversion to a contract issued on a direct-payment	25625
basis to an enrollee covered by the nongroup contract. The option	25626
for conversion shall be available:	25627

(1) Upon the death of the subscriber, to the surviving spouse	25628
with respect to the spouse or dependents who were then covered by	25629
the nongroup contract;	25630

(2) Upon the divorce, dissolution, or annulment of the	25631
marriage of the subscriber, to the divorced spouse, or, in the	25632
event of annulment, to the former spouse of the subscriber;	25633

(3) To a child solely with respect to the child, upon the	25634
child's attaining the limiting age of coverage under the nongroup	25635
contract while covered as a dependent under the contract.	25636

(C) The direct payment contract offered pursuant to division	25637
(B) of this section shall not be made available to an enrollee if	25638
any of the following applies:	25639

(1) The enrollee is, or is eligible to be, covered for	25640
benefits at least comparable to the nongroup contract under any of	25641
the following:	25642

(a) Medicaid;

25643

(b) ~~The children's buy-in program;~~

25644

~~(c)~~ Medicare;

25645

~~(d)~~(c) Any act of congress or law under this or any other	25646
state of the United States providing coverage at least comparable	25647
to the benefits offered under division (C)(1)(a),or (b)~~, or (c)~~	25648
of this section.	25649

(2) The nongroup contract under which the enrollee was	25650
covered was terminated due to nonpayment of a premium rate.	25651

(3) The enrollee is eligible for group coverage provided by,	25652
or available through, an employer or association and the group	25653
coverage provides benefits comparable to the benefits provided	25654
under a direct payment contract.	25655

(D) The direct payment contract offered pursuant to division	25656
(B) of this section shall provide benefits that are at least	25657
comparable to the benefits provided by the nongroup contract under	25658
which the enrollee was covered at the time of the occurrence of	25659
any of the events set forth in division (B) of this section. The	25660
coverage provided under the direct payment contract shall be	25661
continuous, provided that the enrollee makes the required premium	25662
rate payment within the thirty-day period immediately following	25663
the occurrence of the event, and may be terminated for nonpayment	25664
of any required premium rate payment.	25665

(E) The evidence of coverage of every nongroup contract shall	25666
contain notice that an option for conversion to a contract issued	25667
on a direct-payment basis is available, in accordance with this	25668
section, to any enrollee covered by the contract.	25669

(F) Benefits otherwise payable to an enrollee under a direct	25670
payment contract shall be reduced by the amount of any benefits	25671
available to the enrollee under any applicable group health	25672
insuring corporation contract or group sickness and accident	25673
insurance policy.	25674

(G) Nothing in this section shall be construed as requiring a	25675
health insuring corporation to offer nongroup contracts.	25676

(H) This section does not apply to any nongroup contract	25677
offering only supplemental health care services or specialty	25678
health care services.	25679

Sec. 1751.20. (A) No health insuring corporation, or agent,	25680
employee, or representative of a health insuring corporation,	25681
shall use any advertisement or solicitation document, or shall	25682
engage in any activity, that is unfair, untrue, misleading, or	25683
deceptive.	25684

(B) No health insuring corporation shall use a name that is	25685
deceptively similar to the name or description of any insurance or	25686
surety corporation doing business in this state.	25687

(C) All solicitation documents, advertisements, evidences of	25688
coverage, and enrollee identification cards used by a health	25689
insuring corporation shall contain the health insuring	25690
corporation's name. The use of a trade name, an insurance group	25691
designation, the name of a parent company, the name of a division	25692
of an affiliated insurance company, a service mark, a slogan, a	25693
symbol, or other device, without the name of the health insuring	25694
corporation as stated in its articles of incorporation, shall not	25695
satisfy this requirement if the usage would have the capacity and	25696
tendency to mislead or deceive persons as to the true identity of	25697
the health insuring corporation.	25698

(D) No solicitation document or advertisement used by a	25699
health insuring corporation shall contain any words, symbols, or	25700
physical materials that are so similar in content, phraseology,	25701
shape, color, or other characteristic to those used by an agency	25702
of the federal government or this state, that prospective	25703
enrollees may be led to believe that the solicitation document or	25704
advertisement is connected with an agency of the federal	25705
government or this state.	25706

(E) A health insuring corporation that provides basic health	25707
care services may use the phrase "health maintenance organization"	25708
or the abbreviation "HMO" in its marketing name, advertising,	25709
solicitation documents, or marketing literature, or in reference	25710
to the phrase "doing business as" or the abbreviation "DBA."	25711

(F) This section does not apply to the coverage of	25712
beneficiaries enrolled in medicare pursuant to a medicare risk	25713
contract or medicare cost contract, or to the coverage of	25714
beneficiaries enrolled in the federal employee health benefits	25715
program pursuant to 5 U.S.C.A. 8905, or to the coverage of	25716
medicaid recipients~~, or to the coverage of participants of the~~	25717
~~children's buy-in program,~~ or to the coverage of beneficiaries	25718
under any federal health care program regulated by a federal	25719
regulatory body, or to the coverage of beneficiaries under any	25720
contract covering officers or employees of the state that has been	25721
entered into by the department of administrative services.	25722

Sec. 1751.31. (A) Any changes in a health insuring	25723
corporation's solicitation document shall be filed with the	25724
superintendent of insurance. The superintendent, within sixty days	25725
of filing, may disapprove any solicitation document or amendment	25726
to it on any of the grounds stated in this section. Such	25727
disapproval shall be effected by written notice to the health	25728
insuring corporation. The notice shall state the grounds for	25729
disapproval and shall be issued in accordance with Chapter 119. of	25730
the Revised Code.	25731

(B) The solicitation document shall contain all information	25732
necessary to enable a consumer to make an informed choice as to	25733
whether or not to enroll in the health insuring corporation. The	25734
information shall include a specific description of the health	25735
care services to be available and the approximate number and type	25736
of full-time equivalent medical practitioners. The information	25737
shall be presented in the solicitation document in a manner that	25738
is clear, concise, and intelligible to prospective applicants in	25739
the proposed service area.	25740

(C) Every potential applicant whose subscription to a health	25741
care plan is solicited shall receive, at or before the time of	25742
solicitation, a solicitation document approved by the	25743
superintendent.	25744

(D) Notwithstanding division (A) of this section, a health	25745
insuring corporation may use a solicitation document that the	25746
corporation uses in connection with policies for medicare	25747
beneficiaries pursuant to a medicare risk contract or medicare	25748
cost contract, or for policies for beneficiaries of the federal	25749
employees health benefits program pursuant to 5 U.S.C.A. 8905, or	25750
for policies for medicaid recipients, or for policies for	25751
beneficiaries of any other federal health care program regulated	25752
by a federal regulatory body, ~~or for policies for participants of~~	25753
~~the children's buy-in program,~~ or for policies for beneficiaries	25754
of contracts covering officers or employees of the state entered	25755
into by the department of administrative services, if both of the	25756
following apply:	25757

(1) The solicitation document has been approved by the United	25758
States department of health and human services, the United States	25759
office of personnel management, the department of job and family	25760
services, or the department of administrative services.	25761

(2) The solicitation document is filed with the	25762
superintendent of insurance prior to use and is accompanied by	25763
documentation of approval from the United States department of	25764
health and human services, the United States office of personnel	25765
management, the department of job and family services, or the	25766
department of administrative services.	25767

(E) No health insuring corporation, or its agents or	25768
representatives, shall use monetary or other valuable	25769
consideration, engage in misleading or deceptive practices, or	25770
make untrue, misleading, or deceptive representations to induce	25771
enrollment. Nothing in this division shall prohibit incentive	25772
forms of remuneration such as commission sales programs for the	25773
health insuring corporation's employees and agents.	25774

(F) Any person obligated for any part of a premium rate in	25775
connection with an enrollment agreement, in addition to any right	25776
otherwise available to revoke an offer, may cancel such agreement	25777
within seventy-two hours after having signed the agreement or	25778
offer to enroll. Cancellation occurs when written notice of the	25779
cancellation is given to the health insuring corporation or its	25780
agents or other representatives. A notice of cancellation mailed	25781
to the health insuring corporation shall be considered to have	25782
been filed on its postmark date.	25783

(G) Nothing in this section shall prohibit healthy lifestyle	25784
programs.	25785

Sec. 1751.34. (A) Each health insuring corporation and each	25786
applicant for a certificate of authority under this chapter shall	25787
be subject to examination by the superintendent of insurance in	25788
accordance with section 3901.07 of the Revised Code. Section	25789
3901.07 of the Revised Code shall govern every aspect of the	25790
examination, including the circumstances under and frequency with	25791
which it is conducted, the authority of the superintendent and any	25792
examiner or other person appointed by the superintendent, the	25793
liability for the assessment of expenses incurred in conducting	25794
the examination, and the remittance of the assessment to the	25795
superintendent's examination fund.	25796

(B) The superintendent shall make an examination concerning	25797
the matters subject to the superintendent's consideration in	25798
section 1751.04 of the Revised Code as often as the superintendent	25799
considers it necessary for the protection of the interests of the	25800
people of this state. The expenses of such examinations shall be	25801
assessed against the health insuring corporation being examined in	25802
the manner in which expenses of examinations are assessed against	25803
an insurance company under section 3901.07 of the Revised Code.	25804
Nothing in this division requires the superintendent to make an	25805
examination of any of the following:	25806

(1) A health insuring corporation that covers solely medicaid	25807
recipients;	25808

(2) A health insuring corporation that covers solely medicare	25809
beneficiaries;	25810

(3) A health insuring corporation that covers solely medicaid	25811
recipients and medicare beneficiaries;	25812

~~(4) A health insuring corporation that covers solely~~	25813
~~participants of the children's buy-in program;~~	25814

~~(5) A health insuring corporation that covers solely medicaid~~	25815
~~recipients and participants of the children's buy-in program;~~	25816

~~(6) A health insuring corporation that covers solely medicaid~~	25817
~~recipients, medicare beneficiaries, and participants of the~~	25818
~~children's buy-in program~~.	25819

(C) An examination, pursuant to section 3901.07 of the	25820
Revised Code, of an insurance company holding a certificate of	25821
authority under this chapter to organize and operate a health	25822
insuring corporation shall include an examination of the health	25823
insuring corporation pursuant to this section and the examination	25824
shall satisfy the requirements of divisions (A) and (B) of this	25825
section.	25826

(D) The superintendent may conduct market conduct	25827
examinations pursuant to section 3901.011 of the Revised Code of	25828
any health insuring corporation as often as the superintendent	25829
considers it necessary for the protection of the interests of	25830
subscribers and enrollees. The expenses of such market conduct	25831
examinations shall be assessed against the health insuring	25832
corporation being examined. All costs, assessments, or fines	25833
collected under this division shall be paid into the state	25834
treasury to the credit of the department of insurance operating	25835
fund.	25836

Sec. 1751.60. (A) Except as provided for in divisions (E)	25837
and (F) of this section, every provider or health care facility	25838
that contracts with a health insuring corporation to provide	25839
health care services to the health insuring corporation's	25840
enrollees or subscribers shall seek compensation for covered	25841
services solely from the health insuring corporation and not,	25842
under any circumstances, from the enrollees or subscribers, except	25843
for approved copayments and deductibles.	25844

(B) No subscriber or enrollee of a health insuring	25845
corporation is liable to any contracting provider or health care	25846
facility for the cost of any covered health care services, if the	25847
subscriber or enrollee has acted in accordance with the evidence	25848
of coverage.	25849

(C) Except as provided for in divisions (E) and (F) of this	25850
section, every contract between a health insuring corporation and	25851
provider or health care facility shall contain a provision	25852
approved by the superintendent of insurance requiring the provider	25853
or health care facility to seek compensation solely from the	25854
health insuring corporation and not, under any circumstances, from	25855
the subscriber or enrollee, except for approved copayments and	25856
deductibles.	25857

(D) Nothing in this section shall be construed as preventing	25858
a provider or health care facility from billing the enrollee or	25859
subscriber of a health insuring corporation for noncovered	25860
services.	25861

(E) Upon application by a health insuring corporation and a	25862
provider or health care facility, the superintendent may waive the	25863
requirements of divisions (A) and (C) of this section when, in	25864
addition to the reserve requirements contained in section 1751.28	25865
of the Revised Code, the health insuring corporation provides	25866
sufficient assurances to the superintendent that the provider or	25867
health care facility has been provided with financial guarantees.	25868
No waiver of the requirements of divisions (A) and (C) of this	25869
section is effective as to enrollees or subscribers for whom the	25870
health insuring corporation is compensated under a provider	25871
agreement or risk contract entered into pursuant to Chapter 5111.	25872
or 5115. of the Revised Code ~~or under the children's buy-in~~	25873
~~program~~.	25874

(F) The requirements of divisions (A) to (C) of this section	25875
apply only to health care services provided to an enrollee or	25876
subscriber prior to the effective date of a termination of a	25877
contract between the health insuring corporation and the provider	25878
or health care facility.	25879

Sec. 1761.04. (A) The licensing and operation of a credit	25880
union share guaranty corporation is subject to the regulation of	25881
the superintendent of insurance pursuant to Chapters 3901., 3903.,	25882
3905., 3925., 3927., 3929., 3937., 3941., and 3999. of the Revised	25883
Code to the extent such laws are otherwise applicable and are not	25884
in conflict with this chapter.	25885

(B) A credit union share guaranty corporation shall pay, by	25886
the fifteenth day of April of each year, to the superintendent of	25887
credit unions, an annual fee of one-half of one per cent of its	25888
guarantee fund as shown by the corporation's last annual financial	25889
report, but in no event shall such payment exceed ~~five~~fifty	25890
thousand dollars in any calendar year.	25891

(C) In addition to the specific powers and duties given the	25892
superintendent of insurance and the superintendent of credit	25893
unions under this chapter, the superintendents may independently,	25894
pursuant to Chapter 119. of the Revised Code, adopt, amend, and	25895
rescind such rules as are necessary to implement the requirements	25896
of this chapter.	25897

Sec. 1776.83. (A) A limited liability partnership and a	25898
foreign limited liability partnership authorized to transact	25899
business in this state shall file a biennial report in the office	25900
of the secretary of state. The report shall contain all of the	25901
following:	25902

(1) The name of the limited liability partnership and the	25903
state or other jurisdiction under whose laws the foreign limited	25904
liability partnership is formed;	25905

(2) The street address of the partnership's chief executive	25906
office and, if the partnership's chief executive office is not in	25907
this state, the street address of any office of the partnership in	25908
this state;	25909

(3) If the partnership does not have an office in this state,	25910
the name and street address of the partnership's current agent for	25911
service of process.	25912

(B) A partnership shall file a biennial report between the	25913
first day of April and the first day of July of each odd-numbered	25914
year that follows the calendar year in which the partnership files	25915
a statement of qualification or a foreign partnership becomes	25916
authorized to transact business in this state.	25917

(C) The secretary of state may revoke the statement of	25918
qualification of any partnership that fails to file a biennial	25919
report when due or pay the required filing fee. To revoke a	25920
statement, the secretary of state shall provide the partnership at	25921
least sixty days' written notice of the intent to revoke, mailed	25922
to the partnership at its chief executive office set forth in the	25923
last filed statement of qualification or biennial report or sent	25924
by electronic mail to the last electronic mail address provided to	25925
the secretary of state. The notice shall specify the report that	25926
the partnership failed to file, the unpaid fee, and the effective	25927
date of the revocation. The revocation is not effective if the	25928
partnership files the report and pays the fee before the effective	25929
date of the revocation.	25930

(D) A revocation under division (C) of this section affects	25931
only a partnership's status as a limited liability partnership and	25932
is not an event of dissolution of the partnership.	25933

(E) A partnership whose statement of qualification is revoked	25934
may apply to the secretary of state for reinstatement within two	25935
years after the effective date of the revocation. The application	25936
for reinstatement shall state the name of the partnership, the	25937
effective date of the revocation, and that the ground for	25938
revocation either did not exist or has been corrected.	25939

(F) A reinstatement under division (E) of this section	25940
relates back to and takes effect as of the effective date of the	25941
revocation, and the partnership's status as a limited liability	25942
partnership continues as if the revocation had never occurred.	25943

Sec. 1785.06. A professional association, within thirty days	25944
after the thirtieth day of June in each even-numbered year, shall	25945
furnish a statement to the secretary of state showing the names	25946
and post-office addresses of all of the shareholders in the	25947
association and certifying that all of the shareholders are duly	25948
licensed, certificated, or otherwise legally authorized to render	25949
within this state the same professional service for which the	25950
association was organized or, in the case of a combination of	25951
professional services described in division (B) of section 1785.01	25952
of the Revised Code, to render within this state any of the	25953
applicable types of professional services for which the	25954
association was organized. This statement shall be made on a form	25955
that the secretary of state shall prescribe, shall be signed by an	25956
officer of the association, and shall be filed in the office of	25957
the secretary of state.	25958

If any professional association fails to file the biennial	25959
statement within the time required by this section, the secretary	25960
of state shall give notice of the failure by ~~certified~~ordinary or	25961
electronic mail~~, return receipt requested,~~ to the last known	25962
physical or electronic address of the association or its agent. If	25963
the biennial statement is not filed within thirty days after the	25964
mailing of the notice, the secretary of state, upon the expiration	25965
of that period, shall cancel the association's articles of	25966
incorporation, give notice of the cancellation to the association	25967
by ordinary or electronic mail sent to the last known physical or	25968
electronic address of the association or its agent, and make a	25969
notation of the cancellation on the records of the secretary of	25970
state.	25971

A professional association whose articles have been canceled	25972
pursuant to this section may be reinstated by filing an	25973
application for reinstatement and the required biennial statement	25974
or statements and by paying the reinstatement fee specified in	25975
division (Q) of section 111.16 of the Revised Code. The rights,	25976
privileges, and franchises of a professional association whose	25977
articles have been reinstated are subject to section 1701.922 of	25978
the Revised Code. The secretary of state shall inform the tax	25979
commissioner of all cancellations and reinstatements under this	25980
section.	25981

Sec. 1901.18. (A) Except as otherwise provided in this	25982
division or section 1901.181 of the Revised Code, subject to the	25983
monetary jurisdiction of municipal courts as set forth in section	25984
1901.17 of the Revised Code, a municipal court has original	25985
jurisdiction within its territory in all of the following actions	25986
or proceedings and to perform all of the following functions:	25987

(1) In any civil action, of whatever nature or remedy, of	25988
which judges of county courts have jurisdiction;	25989

(2) In any action or proceeding at law for the recovery of	25990
money or personal property of which the court of common pleas has	25991
jurisdiction;	25992

(3) In any action at law based on contract, to determine,	25993
preserve, and enforce all legal and equitable rights involved in	25994
the contract, to decree an accounting, reformation, or	25995
cancellation of the contract, and to hear and determine all legal	25996
and equitable remedies necessary or proper for a complete	25997
determination of the rights of the parties to the contract;	25998

(4) In any action or proceeding for the sale of personal	25999
property under chattel mortgage, lien, encumbrance, or other	26000
charge, for the foreclosure and marshalling of liens on personal	26001
property of that nature, and for the rendering of personal	26002
judgment in the action or proceeding;	26003

(5) In any action or proceeding to enforce the collection of	26004
its own judgments or the judgments rendered by any court within	26005
the territory to which the municipal court has succeeded, and to	26006
subject the interest of a judgment debtor in personal property to	26007
satisfy judgments enforceable by the municipal court;	26008

(6) In any action or proceeding in the nature of	26009
interpleader;	26010

(7) In any action of replevin;

26011

(8) In any action of forcible entry and detainer;

26012

(9) In any action concerning the issuance and enforcement of	26013
temporary protection orders pursuant to section 2919.26 of the	26014
Revised Code or protection orders pursuant to section 2903.213 of	26015
the Revised Code or the enforcement of protection orders issued by	26016
courts of another state, as defined in section 2919.27 of the	26017
Revised Code;	26018

(10) If the municipal court has a housing or environmental	26019
division, in any action over which the division is given	26020
jurisdiction by section 1901.181 of the Revised Code, provided	26021
that, except as specified in division (B) of that section, no	26022
judge of the court other than the judge of the division shall hear	26023
or determine any action over which the division has jurisdiction;	26024

(11) In any action brought pursuant to division (I) of	26025
section ~~3733.11~~4781.40 of the Revised Code, if the residential	26026
premises that are the subject of the action are located within the	26027
territorial jurisdiction of the court;	26028

(12) In any civil action as described in division (B)(1) of	26029
section 3767.41 of the Revised Code that relates to a public	26030
nuisance, and, to the extent any provision of this chapter	26031
conflicts or is inconsistent with a provision of that section, the	26032
provision of that section shall control in the civil action.	26033

(B) The Cleveland municipal court also shall have	26034
jurisdiction within its territory in all of the following actions	26035
or proceedings and to perform all of the following functions:	26036

(1) In all actions and proceedings for the sale of real	26037
property under lien of a judgment of the municipal court or a lien	26038
for machinery, material, or fuel furnished or labor performed,	26039
irrespective of amount, and, in those actions and proceedings, the	26040
court may proceed to foreclose and marshal all liens and all	26041
vested or contingent rights, to appoint a receiver, and to render	26042
personal judgment irrespective of amount in favor of any party.	26043

(2) In all actions for the foreclosure of a mortgage on real	26044
property given to secure the payment of money or the enforcement	26045
of a specific lien for money or other encumbrance or charge on	26046
real property, when the amount claimed by the plaintiff does not	26047
exceed fifteen thousand dollars and the real property is situated	26048
within the territory, and, in those actions, the court may proceed	26049
to foreclose all liens and all vested and contingent rights and	26050
may proceed to render judgments and make findings and orders	26051
between the parties in the same manner and to the same extent as	26052
in similar actions in the court of common pleas.	26053

(3) In all actions for the recovery of real property situated	26054
within the territory to the same extent as courts of common pleas	26055
have jurisdiction;	26056

(4) In all actions for injunction to prevent or terminate	26057
violations of the ordinances and regulations of the city of	26058
Cleveland enacted or promulgated under the police power of the	26059
city of Cleveland, pursuant to Section 3 of Article XVIII, Ohio	26060
Constitution, over which the court of common pleas has or may have	26061
jurisdiction, and, in those actions, the court may proceed to	26062
render judgments and make findings and orders in the same manner	26063
and to the same extent as in similar actions in the court of	26064
common pleas.	26065

Sec. 1909.11. A county court judge has jurisdiction in any	26066
action brought pursuant to division (I) of section ~~3733.11~~4781.40	26067
of the Revised Code if the residential premises that are the	26068
subject of the action are located within the territorial	26069
jurisdiction of the judge's county court district.	26070

Sec. 1923.01. (A) As provided in this chapter, any judge of	26071
a county or municipal court or a court of common pleas, within the	26072
judge's proper area of jurisdiction, may inquire about persons who	26073
make unlawful and forcible entry into lands or tenements and	26074
detain them, and about persons who make a lawful and peaceable	26075
entry into lands or tenements and hold them unlawfully and by	26076
force. If, upon the inquiry, it is found that an unlawful and	26077
forcible entry has been made and the lands or tenements are	26078
detained, or that, after a lawful entry, lands or tenements are	26079
held unlawfully and by force, a judge shall cause the plaintiff in	26080
an action under this chapter to have restitution of the lands or	26081
tenements.	26082

(B) An action shall be brought under this chapter within two	26083
years after the cause of action accrues.	26084

26085

(1) "Tenant" means a person who is entitled under a rental	26086
agreement to the use or occupancy of premises, other than premises	26087
located in a manufactured home park, to the exclusion of others,	26088
except that as used in division (A)(6) of section 1923.02 and	26089
section 1923.051 of the Revised Code, "tenant" includes a	26090
manufactured home park resident.	26091

(2) "Landlord" means the owner, lessor, or sublessor of	26092
premises, or the agent or person the landlord authorizes to manage	26093
premises or to receive rent from a tenant under a rental	26094
agreement, except, if required by the facts of the action to which	26095
the term is applied, "landlord" means a park operator.	26096

(3) "Resident" has the same meaning as in section ~~3733.01~~	26097
4781.01 of the Revised Code.	26098

(4) "Residential premises" has the same meaning as in section	26099
5321.01 of the Revised Code, except, if required by the facts of	26100
the action to which the term is applied, "residential premises"	26101
has the same meaning as in section ~~3733.01~~4781.01 of the Revised	26102
Code.	26103

(5) "Rental agreement" means any agreement or lease, written	26104
or oral, that establishes or modifies the terms, conditions,	26105
rules, or other provisions concerning the use or occupancy of	26106
premises by one of the parties to the agreement or lease, except	26107
that "rental agreement," as used in division (A)(13) of section	26108
1923.02 of the Revised Code and where the context requires as used	26109
in this chapter, means a rental agreement as defined in division	26110
(D) of section 5322.01 of the Revised Code.	26111

(6) "Controlled substance" has the same meaning as in section	26112
3719.01 of the Revised Code.	26113

(7) "School premises" has the same meaning as in section	26114
2925.01 of the Revised Code.	26115

(8) "Sexually oriented offense" and "child-victim oriented	26116
offense" have the same meanings as in section 2950.01 of the	26117
Revised Code.	26118

(9) "Recreational vehicle" and "mobile home" have the same	26119
meanings as in section 4501.01 of the Revised Code.	26120

(10) "Manufactured home" has the same meaning as in section	26121
3781.06 of the Revised Code.	26122

(11) "Manufactured home park" has the same meaning as in	26123
section ~~3733.01~~4781.01 of the Revised Code and also means any	26124
tract of land upon which one or two manufactured or mobile homes	26125
used for habitation are parked, either free of charge or for	26126
revenue purposes, pursuant to rental agreements between the owners	26127
of the manufactured or mobile homes and the owner of the tract of	26128
land.	26129

(12) "Park operator" has the same meaning as in section	26130
~~3733.01~~4781.01 of the Revised Code and also means a landlord of	26131
premises upon which one or two manufactured or mobile homes used	26132
for habitation are parked, either free of charge or for revenue	26133
purposes, pursuant to rental agreements between the owners of the	26134
manufactured or mobile homes and a landlord who is not licensed as	26135
a manufactured home park operator pursuant to Chapter ~~3733.~~4781.	26136
of the Revised Code.	26137

(13) "Personal property" means tangible personal property	26138
other than a manufactured home, mobile home, or recreational	26139
vehicle that is the subject of an action under this chapter.	26140

(14) "Preschool or child day-care center premises" has the	26141
same meaning as in section 2950.034 of the Revised Code.	26142

Sec. 1923.02. (A) Proceedings under this chapter may be had	26143
as follows:	26144

(1) Against tenants or manufactured home park residents	26145
holding over their terms;	26146

(2) Against tenants or manufactured home park residents in	26147
possession under an oral tenancy, who are in default in the	26148
payment of rent as provided in division (B) of this section;	26149

(3) In sales of real estate, on executions, orders, or other	26150
judicial process, when the judgment debtor was in possession at	26151
the time of the rendition of the judgment or decree, by virtue of	26152
which the sale was made;	26153

(4) In sales by executors, administrators, or guardians, and	26154
on partition, when any of the parties to the complaint were in	26155
possession at the commencement of the action, after the sales, so	26156
made on execution or otherwise, have been examined by the proper	26157
court and adjudged legal;	26158

(5) When the defendant is an occupier of lands or tenements,	26159
without color of title, and the complainant has the right of	26160
possession to them;	26161

(6) In any other case of the unlawful and forcible detention	26162
of lands or tenements. For purposes of this division, in addition	26163
to any other type of unlawful and forcible detention of lands or	26164
tenements, such a detention may be determined to exist when both	26165
of the following apply:	26166

(a) A tenant fails to vacate residential premises within	26167
three days after both of the following occur:	26168

(i) The tenant's landlord has actual knowledge of or has	26169
reasonable cause to believe that the tenant, any person in the	26170
tenant's household, or any person on the premises with the consent	26171
of the tenant previously has or presently is engaged in a	26172
violation of Chapter 2925. or 3719. of the Revised Code, or of a	26173
municipal ordinance that is substantially similar to any section	26174
in either of those chapters, which involves a controlled substance	26175
and which occurred in, is occurring in, or otherwise was or is	26176
connected with the premises, whether or not the tenant or other	26177
person has been charged with, has pleaded guilty to or been	26178
convicted of, or has been determined to be a delinquent child for	26179
an act that, if committed by an adult, would be a violation as	26180
described in this division. For purposes of this division, a	26181
landlord has "actual knowledge of or has reasonable cause to	26182
believe" that a tenant, any person in the tenant's household, or	26183
any person on the premises with the consent of the tenant	26184
previously has or presently is engaged in a violation as described	26185
in this division if a search warrant was issued pursuant to	26186
Criminal Rule 41 or Chapter 2933. of the Revised Code; the	26187
affidavit presented to obtain the warrant named or described the	26188
tenant or person as the individual to be searched and particularly	26189
described the tenant's premises as the place to be searched, named	26190
or described one or more controlled substances to be searched for	26191
and seized, stated substantially the offense under Chapter 2925.	26192
or 3719. of the Revised Code or the substantially similar	26193
municipal ordinance that occurred in, is occurring in, or	26194
otherwise was or is connected with the tenant's premises, and	26195
states the factual basis for the affiant's belief that the	26196
controlled substances are located on the tenant's premises; the	26197
warrant was properly executed by a law enforcement officer and any	26198
controlled substance described in the affidavit was found by that	26199
officer during the search and seizure; and, subsequent to the	26200
search and seizure, the landlord was informed by that or another	26201
law enforcement officer of the fact that the tenant or person has	26202
or presently is engaged in a violation as described in this	26203
division and it occurred in, is occurring in, or otherwise was or	26204
is connected with the tenant's premises.	26205

(ii) The landlord gives the tenant the notice required by	26206
division (C) of section 5321.17 of the Revised Code.	26207

(b) The court determines, by a preponderance of the evidence,	26208
that the tenant, any person in the tenant's household, or any	26209
person on the premises with the consent of the tenant previously	26210
has or presently is engaged in a violation as described in	26211
division (A)(6)(a)(i) of this section.	26212

(7) In cases arising out of Chapter 5313. of the Revised	26213
Code. In those cases, the court has the authority to declare a	26214
forfeiture of the vendee's rights under a land installment	26215
contract and to grant any other claims arising out of the	26216
contract.	26217

(8) Against tenants who have breached an obligation that is	26218
imposed by section 5321.05 of the Revised Code, other than the	26219
obligation specified in division (A)(9) of that section, and that	26220
materially affects health and safety. Prior to the commencement of	26221
an action under this division, notice shall be given to the tenant	26222
and compliance secured with section 5321.11 of the Revised Code.	26223

(9) Against tenants who have breached an obligation imposed	26224
upon them by a written rental agreement;	26225

(10) Against manufactured home park residents who have	26226
defaulted in the payment of rent or breached the terms of a rental	26227
agreement with a park operator. Nothing in this division precludes	26228
the commencement of an action under division (A)(12) of this	26229
section when the additional circumstances described in that	26230
division apply.	26231

(11) Against manufactured home park residents who have	26232
committed two material violations of the rules of the manufactured	26233
home park, of the ~~public health council~~manufactured homes	26234
commission, or of applicable state and local health and safety	26235
codes and who have been notified of the violations in compliance	26236
with section ~~3733.13~~4781.45 of the Revised Code;	26237

(12) Against a manufactured home park resident, or the estate	26238
of a manufactured home park resident, who as a result of death or	26239
otherwise has been absent from the manufactured home park for a	26240
period of thirty consecutive days prior to the commencement of an	26241
action under this division and whose manufactured home or mobile	26242
home, or recreational vehicle that is parked in the manufactured	26243
home park, has been left unoccupied for that thirty-day period,	26244
without notice to the park operator and without payment of rent	26245
due under the rental agreement with the park operator;	26246

(13) Against occupants of self-service storage facilities, as	26247
defined in division (A) of section 5322.01 of the Revised Code,	26248
who have breached the terms of a rental agreement or violated	26249
section 5322.04 of the Revised Code;	26250

(14) Against any resident or occupant who, pursuant to a	26251
rental agreement, resides in or occupies residential premises	26252
located within one thousand feet of any school premises or	26253
preschool or child day-care center premises and to whom both of	26254
the following apply:	26255

(a) The resident's or occupant's name appears on the state	26256
registry of sex offenders and child-victim offenders maintained	26257
under section 2950.13 of the Revised Code.	26258

(b) The state registry of sex offenders and child-victim	26259
offenders indicates that the resident or occupant was convicted of	26260
or pleaded guilty to a sexually oriented offense or a child-victim	26261
oriented offense in a criminal prosecution and was not sentenced	26262
to a serious youthful offender dispositional sentence for that	26263
offense.	26264

(15) Against any tenant who permits any person to occupy	26265
residential premises located within one thousand feet of any	26266
school premises or preschool or child day-care center premises if	26267
both of the following apply to the person:	26268

(a) The person's name appears on the state registry of sex	26269
offenders and child-victim offenders maintained under section	26270
2950.13 of the Revised Code.	26271

(b) The state registry of sex offenders and child-victim	26272
offenders indicates that the person was convicted of or pleaded	26273
guilty to a sexually oriented offense or a child-victim oriented	26274
offense in a criminal prosecution and was not sentenced to a	26275
serious youthful offender dispositional sentence for that offense.	26276

(B) If a tenant or manufactured home park resident holding	26277
under an oral tenancy is in default in the payment of rent, the	26278
tenant or resident forfeits the right of occupancy, and the	26279
landlord may, at the landlord's option, terminate the tenancy by	26280
notifying the tenant or resident, as provided in section 1923.04	26281
of the Revised Code, to leave the premises, for the restitution of	26282
which an action may then be brought under this chapter.	26283

(C)(1) If a tenant or any other person with the tenant's	26284
permission resides in or occupies residential premises that are	26285
located within one thousand feet of any school premises and is a	26286
resident or occupant of the type described in division (A)(14) of	26287
this section or a person of the type described in division (A)(15)	26288
of this section, the landlord for those residential premises, upon	26289
discovery that the tenant or other person is a resident, occupant,	26290
or person of that nature, may terminate the rental agreement or	26291
tenancy for those residential premises by notifying the tenant and	26292
all other occupants, as provided in section 1923.04 of the Revised	26293
Code, to leave the premises.	26294

(2) If a landlord is authorized to terminate a rental	26295
agreement or tenancy pursuant to division (C)(1) of this section	26296
but does not so terminate the rental agreement or tenancy, the	26297
landlord is not liable in a tort or other civil action in damages	26298
for any injury, death, or loss to person or property that	26299
allegedly result from that decision.	26300

(D) This chapter does not apply to a student tenant as	26301
defined by division (H) of section 5321.01 of the Revised Code	26302
when the college or university proceeds to terminate a rental	26303
agreement pursuant to section 5321.031 of the Revised Code.	26304

Sec. 1923.061. (A) Any defense in an action under this	26305
chapter may be asserted at trial.	26306

(B) In an action for possession of residential premises based	26307
upon nonpayment of the rent or in an action for rent when the	26308
tenant or manufactured home park resident is in possession, the	26309
tenant or resident may counterclaim for any amount hethe tenant	26310
or resident may recover under the rental agreement or under	26311
Chapter ~~3733.~~4781. or 5321. of the Revised Code. In that event,	26312
the court from time to time may order the tenant or resident to	26313
pay into court all or part of the past due rent and rent becoming	26314
due during the pendency of the action. After trial and judgment,	26315
the party to whom a net judgment is owed shall be paid first from	26316
the money paid into court, and any balance shall be satisfied as	26317
any other judgment. If no rent remains due after application of	26318
this division, judgment shall be entered for the tenant or	26319
resident in the action for possession. If the tenant or resident	26320
has paid into court an amount greater than that necessary to	26321
satisfy a judgment obtained by the landlord, the balance shall be	26322
returned by the court to the tenant or resident.	26323

Sec. 1923.15. During any proceeding involving residential	26324
premises under this chapter, the court may order an appropriate	26325
governmental agency to inspect the residential premises. If the	26326
agency determines and the court finds conditions which constitute	26327
a violation of section ~~3733.10~~4781.38 or 5321.04 of the Revised	26328
Code, and if the premises have been vacated or are to be restored	26329
to the landlord, the court may issue an order forbidding the	26330
re-rental of the property until such conditions are corrected. If	26331
the agency determines and the court finds such conditions, and if	26332
the court finds that the tenant or manufactured home park resident	26333
may remain in possession, the court may order such conditions	26334
corrected. If such conditions have been caused by the tenant or	26335
resident, the court may award damages to the landlord equal to the	26336
reasonable cost of correcting such conditions.	26337

Sec. 2101.08. The probate judge may appoint a ~~stenographic~~	26338
reporter and fix ~~his~~the reporter's compensation in the manner	26339
provided for the court of common pleas in sections 2301.18 to	26340
2301.26~~, inclusive,~~ of the Revised Code.	26341

Sec. 2151.011. (A) As used in the Revised Code:

26342

(1) "Juvenile court" means whichever of the following is	26343
applicable that has jurisdiction under this chapter and Chapter	26344
2152. of the Revised Code:	26345

(a) The division of the court of common pleas specified in	26346
section 2101.022 or 2301.03 of the Revised Code as having	26347
jurisdiction under this chapter and Chapter 2152. of the Revised	26348
Code or as being the juvenile division or the juvenile division	26349
combined with one or more other divisions;	26350

(b) The juvenile court of Cuyahoga county or Hamilton county	26351
that is separately and independently created by section 2151.08 or	26352
Chapter 2153. of the Revised Code and that has jurisdiction under	26353
this chapter and Chapter 2152. of the Revised Code;	26354

(c) If division (A)(1)(a) or (b) of this section does not	26355
apply, the probate division of the court of common pleas.	26356

(2) "Juvenile judge" means a judge of a court having	26357
jurisdiction under this chapter.	26358

(3) "Private child placing agency" means any association, as	26359
defined in section 5103.02 of the Revised Code, that is certified	26360
under section 5103.03 of the Revised Code to accept temporary,	26361
permanent, or legal custody of children and place the children for	26362
either foster care or adoption.	26363

(4) "Private noncustodial agency" means any person,	26364
organization, association, or society certified by the department	26365
of job and family services that does not accept temporary or	26366
permanent legal custody of children, that is privately operated in	26367
this state, and that does one or more of the following:	26368

(a) Receives and cares for children for two or more	26369
consecutive weeks;	26370

(b) Participates in the placement of children in certified	26371
foster homes;	26372

(c) Provides adoption services in conjunction with a public	26373
children services agency or private child placing agency.	26374

(B) As used in this chapter:

26375

(1) "Adequate parental care" means the provision by a child's	26376
parent or parents, guardian, or custodian of adequate food,	26377
clothing, and shelter to ensure the child's health and physical	26378
safety and the provision by a child's parent or parents of	26379
specialized services warranted by the child's physical or mental	26380
needs.	26381

(2) "Adult" means an individual who is eighteen years of age	26382
or older.	26383

(3) "Agreement for temporary custody" means a voluntary	26384
agreement authorized by section 5103.15 of the Revised Code that	26385
transfers the temporary custody of a child to a public children	26386
services agency or a private child placing agency.	26387

(4) "Alternative response" means the public children services	26388
agency's response to a report of child abuse or neglect that	26389
engages the family in a comprehensive evaluation of child safety,	26390
risk of subsequent harm, and family strengths and needs and that	26391
does not include a determination as to whether child abuse or	26392
neglect occurred.	26393

(5) "Certified foster home" means a foster home, as defined	26394
in section 5103.02 of the Revised Code, certified under section	26395
5103.03 of the Revised Code.	26396

~~(5)~~(6) "Child" means a person who is under eighteen years of	26397
age, except that the juvenile court has jurisdiction over any	26398
person who is adjudicated an unruly child prior to attaining	26399
eighteen years of age until the person attains twenty-one years of	26400
age, and, for purposes of that jurisdiction related to that	26401
adjudication, a person who is so adjudicated an unruly child shall	26402
be deemed a "child" until the person attains twenty-one years of	26403
age.	26404

~~(6)~~(7) "Child day camp," "child care," "child day-care	26405
center," "part-time child day-care center," "type A family	26406
day-care home," "certified type B family day-care home," "type B	26407
home," "administrator of a child day-care center," "administrator	26408
of a type A family day-care home," "in-home aide," and "authorized	26409
provider" have the same meanings as in section 5104.01 of the	26410
Revised Code.	26411

~~(7)~~(8) "Child care provider" means an individual who is a	26412
child-care staff member or administrator of a child day-care	26413
center, a type A family day-care home, or a type B family day-care	26414
home, or an in-home aide or an individual who is licensed, is	26415
regulated, is approved, operates under the direction of, or	26416
otherwise is certified by the department of job and family	26417
services, department of developmental disabilities, or the early	26418
childhood programs of the department of education.	26419

~~(8)~~(9) "Chronic truant" has the same meaning as in section	26420
2152.02 of the Revised Code.	26421

~~(9)~~(10) "Commit" means to vest custody as ordered by the	26422
court.	26423

~~(10)~~(11) "Counseling" includes both of the following:

26424

(a) General counseling services performed by a public	26425
children services agency or shelter for victims of domestic	26426
violence to assist a child, a child's parents, and a child's	26427
siblings in alleviating identified problems that may cause or have	26428
caused the child to be an abused, neglected, or dependent child.	26429

(b) Psychiatric or psychological therapeutic counseling	26430
services provided to correct or alleviate any mental or emotional	26431
illness or disorder and performed by a licensed psychiatrist,	26432
licensed psychologist, or a person licensed under Chapter 4757. of	26433
the Revised Code to engage in social work or professional	26434
counseling.	26435

~~(11)~~(12) "Custodian" means a person who has legal custody of	26436
a child or a public children services agency or private child	26437
placing agency that has permanent, temporary, or legal custody of	26438
a child.	26439

~~(12)~~(13) "Delinquent child" has the same meaning as in	26440
section 2152.02 of the Revised Code.	26441

~~(13)~~(14) "Detention" means the temporary care of children	26442
pending court adjudication or disposition, or execution of a court	26443
order, in a public or private facility designed to physically	26444
restrict the movement and activities of children.	26445

~~(14)~~(15) "Developmental disability" has the same meaning as	26446
in section 5123.01 of the Revised Code.	26447

~~(15)~~(16) "Differential response approach" means an approach	26448
that a public children services agency may use to respond to	26449
accepted reports of child abuse or neglect with either an	26450
alternative response or a traditional response.	26451

(17) "Foster caregiver" has the same meaning as in section	26452
5103.02 of the Revised Code.	26453

~~(16)~~(18) "Guardian" means a person, association, or	26454
corporation that is granted authority by a probate court pursuant	26455
to Chapter 2111. of the Revised Code to exercise parental rights	26456
over a child to the extent provided in the court's order and	26457
subject to the residual parental rights of the child's parents.	26458

~~(17)~~(19) "Habitual truant" means any child of compulsory	26459
school age who is absent without legitimate excuse for absence	26460
from the public school the child is supposed to attend for five or	26461
more consecutive school days, seven or more school days in one	26462
school month, or twelve or more school days in a school year.	26463

~~(18)~~(20) "Juvenile traffic offender" has the same meaning as	26464
in section 2152.02 of the Revised Code.	26465

~~(19)~~(21) "Legal custody" means a legal status that vests in	26466
the custodian the right to have physical care and control of the	26467
child and to determine where and with whom the child shall live,	26468
and the right and duty to protect, train, and discipline the child	26469
and to provide the child with food, shelter, education, and	26470
medical care, all subject to any residual parental rights,	26471
privileges, and responsibilities. An individual granted legal	26472
custody shall exercise the rights and responsibilities personally	26473
unless otherwise authorized by any section of the Revised Code or	26474
by the court.	26475

~~(20)~~(22) A "legitimate excuse for absence from the public	26476
school the child is supposed to attend" includes, but is not	26477
limited to, any of the following:	26478

(a) The fact that the child in question has enrolled in and	26479
is attending another public or nonpublic school in this or another	26480
state;	26481

(b) The fact that the child in question is excused from	26482
attendance at school for any of the reasons specified in section	26483
3321.04 of the Revised Code;	26484

(c) The fact that the child in question has received an age	26485
and schooling certificate in accordance with section 3331.01 of	26486
the Revised Code.	26487

~~(21)~~(23) "Mental illness" and "mentally ill person subject to	26488
hospitalization by court order" have the same meanings as in	26489
section 5122.01 of the Revised Code.	26490

~~(22)~~(24) "Mental injury" means any behavioral, cognitive,	26491
emotional, or mental disorder in a child caused by an act or	26492
omission that is described in section 2919.22 of the Revised Code	26493
and is committed by the parent or other person responsible for the	26494
child's care.	26495

~~(23)~~(25) "Mentally retarded person" has the same meaning as	26496
in section 5123.01 of the Revised Code.	26497

~~(24)~~(26) "Nonsecure care, supervision, or training" means	26498
care, supervision, or training of a child in a facility that does	26499
not confine or prevent movement of the child within the facility	26500
or from the facility.	26501

~~(25)~~(27) "Of compulsory school age" has the same meaning as	26502
in section 3321.01 of the Revised Code.	26503

~~(26)~~(28) "Organization" means any institution, public,	26504
semipublic, or private, and any private association, society, or	26505
agency located or operating in the state, incorporated or	26506
unincorporated, having among its functions the furnishing of	26507
protective services or care for children, or the placement of	26508
children in certified foster homes or elsewhere.	26509

~~(27)~~(29) "Out-of-home care" means detention facilities,	26510
shelter facilities, certified children's crisis care facilities,	26511
certified foster homes, placement in a prospective adoptive home	26512
prior to the issuance of a final decree of adoption,	26513
organizations, certified organizations, child day-care centers,	26514
type A family day-care homes, child care provided by type B family	26515
day-care home providers and by in-home aides, group home	26516
providers, group homes, institutions, state institutions,	26517
residential facilities, residential care facilities, residential	26518
camps, day camps, public schools, chartered nonpublic schools,	26519
educational service centers, hospitals, and medical clinics that	26520
are responsible for the care, physical custody, or control of	26521
children.	26522

~~(28)~~(30) "Out-of-home care child abuse" means any of the	26523
following when committed by a person responsible for the care of a	26524
child in out-of-home care:	26525

(a) Engaging in sexual activity with a child in the person's	26526
care;	26527

(b) Denial to a child, as a means of punishment, of proper or	26528
necessary subsistence, education, medical care, or other care	26529
necessary for a child's health;	26530

(c) Use of restraint procedures on a child that cause injury	26531
or pain;	26532

(d) Administration of prescription drugs or psychotropic	26533
medication to the child without the written approval and ongoing	26534
supervision of a licensed physician;	26535

(e) Commission of any act, other than by accidental means,	26536
that results in any injury to or death of the child in out-of-home	26537
care or commission of any act by accidental means that results in	26538
an injury to or death of a child in out-of-home care and that is	26539
at variance with the history given of the injury or death.	26540

~~(29)~~(31) "Out-of-home care child neglect" means any of the	26541
following when committed by a person responsible for the care of a	26542
child in out-of-home care:	26543

(a) Failure to provide reasonable supervision according to	26544
the standards of care appropriate to the age, mental and physical	26545
condition, or other special needs of the child;	26546

(b) Failure to provide reasonable supervision according to	26547
the standards of care appropriate to the age, mental and physical	26548
condition, or other special needs of the child, that results in	26549
sexual or physical abuse of the child by any person;	26550

26551

(i) Administration of prescription drugs or psychotropic	26552
drugs for the child;	26553

(ii) Assuring that the instructions of the licensed physician	26554
who prescribed a drug for the child are followed;	26555

(iii) Reporting to the licensed physician who prescribed the	26556
drug all unfavorable or dangerous side effects from the use of the	26557
drug.	26558

(d) Failure to provide proper or necessary subsistence,	26559
education, medical care, or other individualized care necessary	26560
for the health or well-being of the child;	26561

(e) Confinement of the child to a locked room without	26562
monitoring by staff;	26563

(f) Failure to provide ongoing security for all prescription	26564
and nonprescription medication;	26565

(g) Isolation of a child for a period of time when there is	26566
substantial risk that the isolation, if continued, will impair or	26567
retard the mental health or physical well-being of the child.	26568

~~(30)~~(32) "Permanent custody" means a legal status that vests	26569
in a public children services agency or a private child placing	26570
agency, all parental rights, duties, and obligations, including	26571
the right to consent to adoption, and divests the natural parents	26572
or adoptive parents of all parental rights, privileges, and	26573
obligations, including all residual rights and obligations.	26574

~~(31)~~(33) "Permanent surrender" means the act of the parents	26575
or, if a child has only one parent, of the parent of a child, by a	26576
voluntary agreement authorized by section 5103.15 of the Revised	26577
Code, to transfer the permanent custody of the child to a public	26578
children services agency or a private child placing agency.	26579

~~(32)~~(34) "Person" means an individual, association,	26580
corporation, or partnership and the state or any of its political	26581
subdivisions, departments, or agencies.	26582

~~(33)~~(35) "Person responsible for a child's care in	26583
out-of-home care" means any of the following:	26584

(a) Any foster caregiver, in-home aide, or provider;

26585

(b) Any administrator, employee, or agent of any of the	26586
following: a public or private detention facility; shelter	26587
facility; certified children's crisis care facility; organization;	26588
certified organization; child day-care center; type A family	26589
day-care home; certified type B family day-care home; group home;	26590
institution; state institution; residential facility; residential	26591
care facility; residential camp; day camp; school district;	26592
community school; chartered nonpublic school; educational service	26593
center; hospital; or medical clinic;	26594

(c) Any person who supervises or coaches children as part of	26595
an extracurricular activity sponsored by a school district, public	26596
school, or chartered nonpublic school;	26597

(d) Any other person who performs a similar function with	26598
respect to, or has a similar relationship to, children.	26599

~~(34)~~(36) "Physically impaired" means having one or more of	26600
the following conditions that substantially limit one or more of	26601
an individual's major life activities, including self-care,	26602
receptive and expressive language, learning, mobility, and	26603
self-direction:	26604

(a) A substantial impairment of vision, speech, or hearing;

26605

(b) A congenital orthopedic impairment;

26606

(c) An orthopedic impairment caused by disease, rheumatic	26607
fever or any other similar chronic or acute health problem, or	26608
amputation or another similar cause.	26609

~~(35)~~(37) "Placement for adoption" means the arrangement by a	26610
public children services agency or a private child placing agency	26611
with a person for the care and adoption by that person of a child	26612
of whom the agency has permanent custody.	26613

~~(36)~~(38) "Placement in foster care" means the arrangement by	26614
a public children services agency or a private child placing	26615
agency for the out-of-home care of a child of whom the agency has	26616
temporary custody or permanent custody.	26617

~~(37)~~(39) "Planned permanent living arrangement" means an	26618
order of a juvenile court pursuant to which both of the following	26619
apply:	26620

(a) The court gives legal custody of a child to a public	26621
children services agency or a private child placing agency without	26622
the termination of parental rights.	26623

(b) The order permits the agency to make an appropriate	26624
placement of the child and to enter into a written agreement with	26625
a foster care provider or with another person or agency with whom	26626
the child is placed.	26627

~~(38)~~(40) "Practice of social work" and "practice of	26628
professional counseling" have the same meanings as in section	26629
4757.01 of the Revised Code.	26630

~~(39)~~(41) "Sanction, service, or condition" means a sanction,	26631
service, or condition created by court order following an	26632
adjudication that a child is an unruly child that is described in	26633
division (A)(4) of section 2152.19 of the Revised Code.	26634

~~(40)~~(42) "Protective supervision" means an order of	26635
disposition pursuant to which the court permits an abused,	26636
neglected, dependent, or unruly child to remain in the custody of	26637
the child's parents, guardian, or custodian and stay in the	26638
child's home, subject to any conditions and limitations upon the	26639
child, the child's parents, guardian, or custodian, or any other	26640
person that the court prescribes, including supervision as	26641
directed by the court for the protection of the child.	26642

~~(41)~~(43) "Psychiatrist" has the same meaning as in section	26643
5122.01 of the Revised Code.	26644

~~(42)~~(44) "Psychologist" has the same meaning as in section	26645
4732.01 of the Revised Code.	26646

~~(43)~~(45) "Residential camp" means a program in which the	26647
care, physical custody, or control of children is accepted	26648
overnight for recreational or recreational and educational	26649
purposes.	26650

~~(44)~~(46) "Residential care facility" means an institution,	26651
residence, or facility that is licensed by the department of	26652
mental health under section 5119.22 of the Revised Code and that	26653
provides care for a child.	26654

~~(45)~~(47) "Residential facility" means a home or facility that	26655
is licensed by the department of developmental disabilities under	26656
section 5123.19 of the Revised Code and in which a child with a	26657
developmental disability resides.	26658

~~(46)~~(48) "Residual parental rights, privileges, and	26659
responsibilities" means those rights, privileges, and	26660
responsibilities remaining with the natural parent after the	26661
transfer of legal custody of the child, including, but not	26662
necessarily limited to, the privilege of reasonable visitation,	26663
consent to adoption, the privilege to determine the child's	26664
religious affiliation, and the responsibility for support.	26665

~~(47)~~(49) "School day" means the school day established by the	26666
state board of education pursuant to section 3313.48 of the	26667
Revised Code.	26668

~~(48)~~(50) "School month" and "school year" have the same	26669
meanings as in section 3313.62 of the Revised Code.	26670

~~(49)~~(51) "Secure correctional facility" means a facility	26671
under the direction of the department of youth services that is	26672
designed to physically restrict the movement and activities of	26673
children and used for the placement of children after adjudication	26674
and disposition.	26675

~~(50)~~(52) "Sexual activity" has the same meaning as in section	26676
2907.01 of the Revised Code.	26677

~~(51)~~(53) "Shelter" means the temporary care of children in	26678
physically unrestricted facilities pending court adjudication or	26679
disposition.	26680

~~(52)~~(54) "Shelter for victims of domestic violence" has the	26681
same meaning as in section 3113.33 of the Revised Code.	26682

~~(53)~~(55) "Temporary custody" means legal custody of a child	26683
who is removed from the child's home, which custody may be	26684
terminated at any time at the discretion of the court or, if the	26685
legal custody is granted in an agreement for temporary custody, by	26686
the person who executed the agreement.	26687

(56) "Traditional response" means a public children services	26688
agency's response to a report of child abuse or neglect that	26689
encourages engagement of the family in a comprehensive evaluation	26690
of the child's current and future safety needs and a fact-finding	26691
process to determine whether child abuse or neglect occurred and	26692
the circumstances surrounding the alleged harm or risk of harm.	26693

(C) For the purposes of this chapter, a child shall be	26694
presumed abandoned when the parents of the child have failed to	26695
visit or maintain contact with the child for more than ninety	26696
days, regardless of whether the parents resume contact with the	26697
child after that period of ninety days.	26698

Sec. 2151.312. (A) A child alleged to be or adjudicated an	26699
unruly child may be held only in the following places:	26700

(1) A certified family foster home or a home approved by the	26701
court;	26702

(2) A facility operated by a certified child welfare agency;

26703

(3) Any other suitable place designated by the court.

26704

(B)(1) Except as provided under division (C)(1) of section	26705
2151.311 of the Revised Code, a child alleged to be or adjudicated	26706
a neglected child, an abused child, a dependent child, or an	26707
unruly child may not be held in any of the following facilities:	26708

(a) A state correctional institution, county, multicounty, or	26709
municipal jail or workhouse, or other place in which an adult	26710
convicted of a crime, under arrest, or charged with a crime is	26711
held;	26712

(b) A secure correctional facility.

26713

(2) Except as provided under sections ~~2151.26~~2151.27 to	26714
~~2151.61~~2151.59 of the Revised Code and division (B)(3) of this	26715
section and except when a case is transferred under section	26716
2152.12 of the Revised Code, a child alleged to be or adjudicated	26717
an unruly child may not be held for more than twenty-four hours in	26718
a detention facility. A child alleged to be or adjudicated a	26719
neglected child, an abused child, or a dependent child shall not	26720
be held in a detention facility.	26721

(3) A child who is alleged to be or adjudicated an unruly	26722
child and who is taken into custody on a Saturday, Sunday, or	26723
legal holiday, as listed in section 1.14 of the Revised Code, may	26724
be held in a detention facility until the next succeeding day that	26725
is not a Saturday, Sunday, or legal holiday.	26726

Sec. 2151.354. (A) If the child is adjudicated an unruly	26727
child, the court may:	26728

(1) Make any of the dispositions authorized under section	26729
2151.353 of the Revised Code;	26730

(2) Place the child on community control under any sanctions,	26731
services, and conditions that the court prescribes, as described	26732
in division (A)(4) of section 2152.19 of the Revised Code,	26733
provided that, if the court imposes a period of community service	26734
upon the child, the period of community service shall not exceed	26735
one hundred seventy-five hours;	26736

(3) Suspend the driver's license, probationary driver's	26737
license, or temporary instruction permit issued to the child for a	26738
period of time prescribed by the court and suspend the	26739
registration of all motor vehicles registered in the name of the	26740
child for a period of time prescribed by the court. A child whose	26741
license or permit is so suspended is ineligible for issuance of a	26742
license or permit during the period of suspension. At the end of	26743
the period of suspension, the child shall not be reissued a	26744
license or permit until the child has paid any applicable	26745
reinstatement fee and complied with all requirements governing	26746
license reinstatement.	26747

(4) Commit the child to the temporary or permanent custody of	26748
the court;	26749

(5) Make any further disposition the court finds proper that	26750
is consistent with sections 2151.312 and 2151.56 to ~~2151.61~~	26751
2151.59 of the Revised Code;	26752

(6) If, after making a disposition under division (A)(1),	26753
(2), or (3) of this section, the court finds upon further hearing	26754
that the child is not amenable to treatment or rehabilitation	26755
under that disposition, make a disposition otherwise authorized	26756
under divisions (A)(1), (4), (5), and (8) of section 2152.19 of	26757
the Revised Code that is consistent with sections 2151.312 and	26758
2151.56 to ~~2151.61~~2151.59 of the Revised Code.	26759

(B) If a child is adjudicated an unruly child for committing	26760
any act that, if committed by an adult, would be a drug abuse	26761
offense, as defined in section 2925.01 of the Revised Code, or a	26762
violation of division (B) of section 2917.11 of the Revised Code,	26763
in addition to imposing, in its discretion, any other order of	26764
disposition authorized by this section, the court shall do both of	26765
the following:	26766

(1) Require the child to participate in a drug abuse or	26767
alcohol abuse counseling program;	26768

(2) Suspend the temporary instruction permit, probationary	26769
driver's license, or driver's license issued to the child for a	26770
period of time prescribed by the court. The court, in its	26771
discretion, may terminate the suspension if the child attends and	26772
satisfactorily completes a drug abuse or alcohol abuse education,	26773
intervention, or treatment program specified by the court. During	26774
the time the child is attending a program as described in this	26775
division, the court shall retain the child's temporary instruction	26776
permit, probationary driver's license, or driver's license, and	26777
the court shall return the permit or license if it terminates the	26778
suspension.	26779

(C)(1) If a child is adjudicated an unruly child for being an	26780
habitual truant, in addition to or in lieu of imposing any other	26781
order of disposition authorized by this section, the court may do	26782
any of the following:	26783

(a) Order the board of education of the child's school	26784
district or the governing board of the educational service center	26785
in the child's school district to require the child to attend an	26786
alternative school if an alternative school has been established	26787
pursuant to section 3313.533 of the Revised Code in the school	26788
district in which the child is entitled to attend school;	26789

(b) Require the child to participate in any academic program	26790
or community service program;	26791

(c) Require the child to participate in a drug abuse or	26792
alcohol abuse counseling program;	26793

(d) Require that the child receive appropriate medical or	26794
psychological treatment or counseling;	26795

(e) Make any other order that the court finds proper to	26796
address the child's habitual truancy, including an order requiring	26797
the child to not be absent without legitimate excuse from the	26798
public school the child is supposed to attend for five or more	26799
consecutive days, seven or more school days in one school month,	26800
or twelve or more school days in a school year and including an	26801
order requiring the child to participate in a truancy prevention	26802
mediation program.	26803

(2) If a child is adjudicated an unruly child for being an	26804
habitual truant and the court determines that the parent,	26805
guardian, or other person having care of the child has failed to	26806
cause the child's attendance at school in violation of section	26807
3321.38 of the Revised Code, in addition to any order of	26808
disposition authorized by this section, all of the following	26809
apply:	26810

(a) The court may require the parent, guardian, or other	26811
person having care of the child to participate in any community	26812
service program, preferably a community service program that	26813
requires the involvement of the parent, guardian, or other person	26814
having care of the child in the school attended by the child.	26815

(b) The court may require the parent, guardian, or other	26816
person having care of the child to participate in a truancy	26817
prevention mediation program.	26818

(c) The court shall warn the parent, guardian, or other	26819
person having care of the child that any subsequent adjudication	26820
of the child as an unruly or delinquent child for being an	26821
habitual or chronic truant may result in a criminal charge against	26822
the parent, guardian, or other person having care of the child for	26823
a violation of division (C) of section 2919.21 or section 2919.24	26824
of the Revised Code.	26825

Sec. 2151.412. (A) Each public children services agency and	26826
private child placing agency shall prepare and maintain a case	26827
plan for any child to whom the agency is providing services and to	26828
whom any of the following applies:	26829

(1) The agency filed a complaint pursuant to section 2151.27	26830
of the Revised Code alleging that the child is an abused,	26831
neglected, or dependent child;	26832

(2) The agency has temporary or permanent custody of the	26833
child;	26834

(3) The child is living at home subject to an order for	26835
protective supervision;	26836

(4) The child is in a planned permanent living arrangement.

26837

Except as provided by division (A)(2) of section 5103.153 of	26838
the Revised Code, a private child placing agency providing	26839
services to a child who is the subject of a voluntary permanent	26840
custody surrender agreement entered into under division (B)(2) of	26841
section 5103.15 of the Revised Code is not required to prepare and	26842
maintain a case plan for that child.	26843

(B) Each public children services agency shall prepare and	26844
maintain a case plan or a family service plan for any child for	26845
whom the agency is providing in-home services pursuant to an	26846
alternative response.	26847

(C)(1) The director of job and family services shall adopt	26848
rules pursuant to Chapter 119. of the Revised Code setting forth	26849
the content and format of case plans required by division (A) of	26850
this section and establishing procedures for developing,	26851
implementing, and changing the case plans. The rules shall at a	26852
minimum comply with the requirements of Title IV-E of the "Social	26853
Security Act," 94 Stat. 501, 42 U.S.C. 671 (1980), as amended.	26854

(2) The director of job and family services shall adopt rules	26855
pursuant to Chapter 119. of the Revised Code requiring public	26856
children services agencies and private child placing agencies to	26857
maintain case plans for children and their families who are	26858
receiving services in their homes from the agencies and for whom	26859
case plans are not required by division (A) of this section. The	26860
rules for public children services agencies shall include the	26861
requirements for case plans or family service plans maintained for	26862
children and their families who are receiving services in their	26863
homes from public children services agencies pursuant to an	26864
alternative response. The agencies shall maintain case plans and	26865
family service plans as required by those rules; however, the case	26866
plans and family service plans shall not be subject to any other	26867
provision of this section except as specifically required by the	26868
rules.	26869

~~(C)~~(D) Each public children services agency and private child	26870
placing agency that is required by division (A) of this section to	26871
maintain a case plan shall file the case plan with the court prior	26872
to the child's adjudicatory hearing but no later than thirty days	26873
after the earlier of the date on which the complaint in the case	26874
was filed or the child was first placed into shelter care. If the	26875
agency does not have sufficient information prior to the	26876
adjudicatory hearing to complete any part of the case plan, the	26877
agency shall specify in the case plan the additional information	26878
necessary to complete each part of the case plan and the steps	26879
that will be taken to obtain that information. All parts of the	26880
case plan shall be completed by the earlier of thirty days after	26881
the adjudicatory hearing or the date of the dispositional hearing	26882
for the child.	26883

~~(D)~~(E) Any agency that is required by division (A) of this	26884
section to prepare a case plan shall attempt to obtain an	26885
agreement among all parties, including, but not limited to, the	26886
parents, guardian, or custodian of the child and the guardian ad	26887
litem of the child regarding the content of the case plan. If all	26888
parties agree to the content of the case plan and the court	26889
approves it, the court shall journalize it as part of its	26890
dispositional order. If the agency cannot obtain an agreement upon	26891
the contents of the case plan or the court does not approve it,	26892
the parties shall present evidence on the contents of the case	26893
plan at the dispositional hearing. The court, based upon the	26894
evidence presented at the dispositional hearing and the best	26895
interest of the child, shall determine the contents of the case	26896
plan and journalize it as part of the dispositional order for the	26897
child.	26898

~~(E)~~(F)(1) All parties, including the parents, guardian, or	26899
custodian of the child, are bound by the terms of the journalized	26900
case plan. A party that fails to comply with the terms of the	26901
journalized case plan may be held in contempt of court.	26902

(2) Any party may propose a change to a substantive part of	26903
the case plan, including, but not limited to, the child's	26904
placement and the visitation rights of any party. A party	26905
proposing a change to the case plan shall file the proposed change	26906
with the court and give notice of the proposed change in writing	26907
before the end of the day after the day of filing it to all	26908
parties and the child's guardian ad litem. All parties and the	26909
guardian ad litem shall have seven days from the date the notice	26910
is sent to object to and request a hearing on the proposed change.	26911

(a) If it receives a timely request for a hearing, the court	26912
shall schedule a hearing pursuant to section 2151.417 of the	26913
Revised Code to be held no later than thirty days after the	26914
request is received by the court. The court shall give notice of	26915
the date, time, and location of the hearing to all parties and the	26916
guardian ad litem. The agency may implement the proposed change	26917
after the hearing, if the court approves it. The agency shall not	26918
implement the proposed change unless it is approved by the court.	26919

(b) If it does not receive a timely request for a hearing,	26920
the court may approve the proposed change without a hearing. If	26921
the court approves the proposed change without a hearing, it shall	26922
journalize the case plan with the change not later than fourteen	26923
days after the change is filed with the court. If the court does	26924
not approve the proposed change to the case plan, it shall	26925
schedule a hearing to be held pursuant to section 2151.417 of the	26926
Revised Code no later than thirty days after the expiration of the	26927
fourteen-day time period and give notice of the date, time, and	26928
location of the hearing to all parties and the guardian ad litem	26929
of the child. If, despite the requirements of division ~~(E)~~(F)(2)	26930
of this section, the court neither approves and journalizes the	26931
proposed change nor conducts a hearing, the agency may implement	26932
the proposed change not earlier than fifteen days after it is	26933
submitted to the court.	26934

(3) If an agency has reasonable cause to believe that a child	26935
is suffering from illness or injury and is not receiving proper	26936
care and that an appropriate change in the child's case plan is	26937
necessary to prevent immediate or threatened physical or emotional	26938
harm, to believe that a child is in immediate danger from the	26939
child's surroundings and that an immediate change in the child's	26940
case plan is necessary to prevent immediate or threatened physical	26941
or emotional harm to the child, or to believe that a parent,	26942
guardian, custodian, or other member of the child's household has	26943
abused or neglected the child and that the child is in danger of	26944
immediate or threatened physical or emotional harm from that	26945
person unless the agency makes an appropriate change in the	26946
child's case plan, it may implement the change without prior	26947
agreement or a court hearing and, before the end of the next day	26948
after the change is made, give all parties, the guardian ad litem	26949
of the child, and the court notice of the change. Before the end	26950
of the third day after implementing the change in the case plan,	26951
the agency shall file a statement of the change with the court and	26952
give notice of the filing accompanied by a copy of the statement	26953
to all parties and the guardian ad litem. All parties and the	26954
guardian ad litem shall have ten days from the date the notice is	26955
sent to object to and request a hearing on the change.	26956

(a) If it receives a timely request for a hearing, the court	26957
shall schedule a hearing pursuant to section 2151.417 of the	26958
Revised Code to be held no later than thirty days after the	26959
request is received by the court. The court shall give notice of	26960
the date, time, and location of the hearing to all parties and the	26961
guardian ad litem. The agency shall continue to administer the	26962
case plan with the change after the hearing, if the court approves	26963
the change. If the court does not approve the change, the court	26964
shall make appropriate changes to the case plan and shall	26965
journalize the case plan.	26966

(b) If it does not receive a timely request for a hearing,	26967
the court may approve the change without a hearing. If the court	26968
approves the change without a hearing, it shall journalize the	26969
case plan with the change within fourteen days after receipt of	26970
the change. If the court does not approve the change to the case	26971
plan, it shall schedule a hearing under section 2151.417 of the	26972
Revised Code to be held no later than thirty days after the	26973
expiration of the fourteen-day time period and give notice of the	26974
date, time, and location of the hearing to all parties and the	26975
guardian ad litem of the child.	26976

~~(F)~~(G)(1) All case plans for children in temporary custody	26977
shall have the following general goals:	26978

(a) Consistent with the best interest and special needs of	26979
the child, to achieve a safe out-of-home placement in the least	26980
restrictive, most family-like setting available and in close	26981
proximity to the home from which the child was removed or the home	26982
in which the child will be permanently placed;	26983

(b) To eliminate with all due speed the need for the	26984
out-of-home placement so that the child can safely return home.	26985

(2) The director of job and family services shall adopt rules	26986
pursuant to Chapter 119. of the Revised Code setting forth the	26987
general goals of case plans for children subject to dispositional	26988
orders for protective supervision, a planned permanent living	26989
arrangement, or permanent custody.	26990

~~(G)~~(H) In the agency's development of a case plan and the	26991
court's review of the case plan, the child's health and safety	26992
shall be the paramount concern. The agency and the court shall be	26993
guided by the following general priorities:	26994

(1) A child who is residing with or can be placed with the	26995
child's parents within a reasonable time should remain in their	26996
legal custody even if an order of protective supervision is	26997
required for a reasonable period of time;	26998

(2) If both parents of the child have abandoned the child,	26999
have relinquished custody of the child, have become incapable of	27000
supporting or caring for the child even with reasonable	27001
assistance, or have a detrimental effect on the health, safety,	27002
and best interest of the child, the child should be placed in the	27003
legal custody of a suitable member of the child's extended family;	27004

(3) If a child described in division ~~(G)~~(H)(2) of this	27005
section has no suitable member of the child's extended family to	27006
accept legal custody, the child should be placed in the legal	27007
custody of a suitable nonrelative who shall be made a party to the	27008
proceedings after being given legal custody of the child;	27009

(4) If the child has no suitable member of the child's	27010
extended family to accept legal custody of the child and no	27011
suitable nonrelative is available to accept legal custody of the	27012
child and, if the child temporarily cannot or should not be placed	27013
with the child's parents, guardian, or custodian, the child should	27014
be placed in the temporary custody of a public children services	27015
agency or a private child placing agency;	27016

(5) If the child cannot be placed with either of the child's	27017
parents within a reasonable period of time or should not be placed	27018
with either, if no suitable member of the child's extended family	27019
or suitable nonrelative is available to accept legal custody of	27020
the child, and if the agency has a reasonable expectation of	27021
placing the child for adoption, the child should be committed to	27022
the permanent custody of the public children services agency or	27023
private child placing agency;	27024

(6) If the child is to be placed for adoption or foster care,	27025
the placement shall not be delayed or denied on the basis of the	27026
child's or adoptive or foster family's race, color, or national	27027
origin.	27028

~~(H)~~(I) The case plan for a child in temporary custody shall	27029
include at a minimum the following requirements if the child is or	27030
has been the victim of abuse or neglect or if the child witnessed	27031
the commission in the child's household of abuse or neglect	27032
against a sibling of the child, a parent of the child, or any	27033
other person in the child's household:	27034

(1) A requirement that the child's parents, guardian, or	27035
custodian participate in mandatory counseling;	27036

(2) A requirement that the child's parents, guardian, or	27037
custodian participate in any supportive services that are required	27038
by or provided pursuant to the child's case plan.	27039

~~(I)~~(J) A case plan may include, as a supplement, a plan for	27040
locating a permanent family placement. The supplement shall not be	27041
considered part of the case plan for purposes of division ~~(D)~~(E)	27042
of this section.	27043

Sec. 2151.421. (A)(1)(a) No person described in division	27044
(A)(1)(b) of this section who is acting in an official or	27045
professional capacity and knows, or has reasonable cause to	27046
suspect based on facts that would cause a reasonable person in a	27047
similar position to suspect, that a child under eighteen years of	27048
age or a mentally retarded, developmentally disabled, or	27049
physically impaired child under twenty-one years of age has	27050
suffered or faces a threat of suffering any physical or mental	27051
wound, injury, disability, or condition of a nature that	27052
reasonably indicates abuse or neglect of the child shall fail to	27053
immediately report that knowledge or reasonable cause to suspect	27054
to the entity or persons specified in this division. Except as	27055
provided in section 5120.173 of the Revised Code, the person	27056
making the report shall make it to the public children services	27057
agency or a municipal or county peace officer in the county in	27058
which the child resides or in which the abuse or neglect is	27059
occurring or has occurred. In the circumstances described in	27060
section 5120.173 of the Revised Code, the person making the report	27061
shall make it to the entity specified in that section.	27062

(b) Division (A)(1)(a) of this section applies to any person	27063
who is an attorney; physician, including a hospital intern or	27064
resident; dentist; podiatrist; practitioner of a limited branch of	27065
medicine as specified in section 4731.15 of the Revised Code;	27066
registered nurse; licensed practical nurse; visiting nurse; other	27067
health care professional; licensed psychologist; licensed school	27068
psychologist; independent marriage and family therapist or	27069
marriage and family therapist; speech pathologist or audiologist;	27070
coroner; administrator or employee of a child day-care center;	27071
administrator or employee of a residential camp or child day camp;	27072
administrator or employee of a certified child care agency or	27073
other public or private children services agency; school teacher;	27074
school employee; school authority; person engaged in social work	27075
or the practice of professional counseling; agent of a county	27076
humane society; person, other than a cleric, rendering spiritual	27077
treatment through prayer in accordance with the tenets of a	27078
well-recognized religion; employee of a county department of job	27079
and family services who is a professional and who works with	27080
children and families; superintendent, board member, or employee	27081
of a county board of developmental disabilities; investigative	27082
agent contracted with by a county board of developmental	27083
disabilities; employee of the department of developmental	27084
disabilities; employee of a facility or home that provides respite	27085
care in accordance with section 5123.171 of the Revised Code;	27086
employee of a home health agency; employee of an entity that	27087
provides homemaker services; a person performing the duties of an	27088
assessor pursuant to Chapter 3107. or 5103. of the Revised Code;	27089
or third party employed by a public children services agency to	27090
assist in providing child or family related services.	27091

(2) Except as provided in division (A)(3) of this section, an	27092
attorney or a physician is not required to make a report pursuant	27093
to division (A)(1) of this section concerning any communication	27094
the attorney or physician receives from a client or patient in an	27095
attorney-client or physician-patient relationship, if, in	27096
accordance with division (A) or (B) of section 2317.02 of the	27097
Revised Code, the attorney or physician could not testify with	27098
respect to that communication in a civil or criminal proceeding.	27099

(3) The client or patient in an attorney-client or	27100
physician-patient relationship described in division (A)(2) of	27101
this section is deemed to have waived any testimonial privilege	27102
under division (A) or (B) of section 2317.02 of the Revised Code	27103
with respect to any communication the attorney or physician	27104
receives from the client or patient in that attorney-client or	27105
physician-patient relationship, and the attorney or physician	27106
shall make a report pursuant to division (A)(1) of this section	27107
with respect to that communication, if all of the following apply:	27108

(a) The client or patient, at the time of the communication,	27109
is either a child under eighteen years of age or a mentally	27110
retarded, developmentally disabled, or physically impaired person	27111
under twenty-one years of age.	27112

(b) The attorney or physician knows, or has reasonable cause	27113
to suspect based on facts that would cause a reasonable person in	27114
similar position to suspect, as a result of the communication or	27115
any observations made during that communication, that the client	27116
or patient has suffered or faces a threat of suffering any	27117
physical or mental wound, injury, disability, or condition of a	27118
nature that reasonably indicates abuse or neglect of the client or	27119
patient.	27120

(c) The abuse or neglect does not arise out of the client's	27121
or patient's attempt to have an abortion without the notification	27122
of her parents, guardian, or custodian in accordance with section	27123
2151.85 of the Revised Code.	27124

(4)(a) No cleric and no person, other than a volunteer,	27125
designated by any church, religious society, or faith acting as a	27126
leader, official, or delegate on behalf of the church, religious	27127
society, or faith who is acting in an official or professional	27128
capacity, who knows, or has reasonable cause to believe based on	27129
facts that would cause a reasonable person in a similar position	27130
to believe, that a child under eighteen years of age or a mentally	27131
retarded, developmentally disabled, or physically impaired child	27132
under twenty-one years of age has suffered or faces a threat of	27133
suffering any physical or mental wound, injury, disability, or	27134
condition of a nature that reasonably indicates abuse or neglect	27135
of the child, and who knows, or has reasonable cause to believe	27136
based on facts that would cause a reasonable person in a similar	27137
position to believe, that another cleric or another person, other	27138
than a volunteer, designated by a church, religious society, or	27139
faith acting as a leader, official, or delegate on behalf of the	27140
church, religious society, or faith caused, or poses the threat of	27141
causing, the wound, injury, disability, or condition that	27142
reasonably indicates abuse or neglect shall fail to immediately	27143
report that knowledge or reasonable cause to believe to the entity	27144
or persons specified in this division. Except as provided in	27145
section 5120.173 of the Revised Code, the person making the report	27146
shall make it to the public children services agency or a	27147
municipal or county peace officer in the county in which the child	27148
resides or in which the abuse or neglect is occurring or has	27149
occurred. In the circumstances described in section 5120.173 of	27150
the Revised Code, the person making the report shall make it to	27151
the entity specified in that section.	27152

(b) Except as provided in division (A)(4)(c) of this section,	27153
a cleric is not required to make a report pursuant to division	27154
(A)(4)(a) of this section concerning any communication the cleric	27155
receives from a penitent in a cleric-penitent relationship, if, in	27156
accordance with division (C) of section 2317.02 of the Revised	27157
Code, the cleric could not testify with respect to that	27158
communication in a civil or criminal proceeding.	27159

(c) The penitent in a cleric-penitent relationship described	27160
in division (A)(4)(b) of this section is deemed to have waived any	27161
testimonial privilege under division (C) of section 2317.02 of the	27162
Revised Code with respect to any communication the cleric receives	27163
from the penitent in that cleric-penitent relationship, and the	27164
cleric shall make a report pursuant to division (A)(4)(a) of this	27165
section with respect to that communication, if all of the	27166
following apply:	27167

(i) The penitent, at the time of the communication, is either	27168
a child under eighteen years of age or a mentally retarded,	27169
developmentally disabled, or physically impaired person under	27170
twenty-one years of age.	27171

(ii) The cleric knows, or has reasonable cause to believe	27172
based on facts that would cause a reasonable person in a similar	27173
position to believe, as a result of the communication or any	27174
observations made during that communication, the penitent has	27175
suffered or faces a threat of suffering any physical or mental	27176
wound, injury, disability, or condition of a nature that	27177
reasonably indicates abuse or neglect of the penitent.	27178

(iii) The abuse or neglect does not arise out of the	27179
penitent's attempt to have an abortion performed upon a child	27180
under eighteen years of age or upon a mentally retarded,	27181
developmentally disabled, or physically impaired person under	27182
twenty-one years of age without the notification of her parents,	27183
guardian, or custodian in accordance with section 2151.85 of the	27184
Revised Code.	27185

(d) Divisions (A)(4)(a) and (c) of this section do not apply	27186
in a cleric-penitent relationship when the disclosure of any	27187
communication the cleric receives from the penitent is in	27188
violation of the sacred trust.	27189

(e) As used in divisions (A)(1) and (4) of this section,	27190
"cleric" and "sacred trust" have the same meanings as in section	27191
2317.02 of the Revised Code.	27192

(B) Anyone who knows, or has reasonable cause to suspect	27193
based on facts that would cause a reasonable person in similar	27194
circumstances to suspect, that a child under eighteen years of age	27195
or a mentally retarded, developmentally disabled, or physically	27196
impaired person under twenty-one years of age has suffered or	27197
faces a threat of suffering any physical or mental wound, injury,	27198
disability, or other condition of a nature that reasonably	27199
indicates abuse or neglect of the child may report or cause	27200
reports to be made of that knowledge or reasonable cause to	27201
suspect to the entity or persons specified in this division.	27202
Except as provided in section 5120.173 of the Revised Code, a	27203
person making a report or causing a report to be made under this	27204
division shall make it or cause it to be made to the public	27205
children services agency or to a municipal or county peace	27206
officer. In the circumstances described in section 5120.173 of the	27207
Revised Code, a person making a report or causing a report to be	27208
made under this division shall make it or cause it to be made to	27209
the entity specified in that section.	27210

(C) Any report made pursuant to division (A) or (B) of this	27211
section shall be made forthwith either by telephone or in person	27212
and shall be followed by a written report, if requested by the	27213
receiving agency or officer. The written report shall contain:	27214

(1) The names and addresses of the child and the child's	27215
parents or the person or persons having custody of the child, if	27216
known;	27217

(2) The child's age and the nature and extent of the child's	27218
injuries, abuse, or neglect that is known or reasonably suspected	27219
or believed, as applicable, to have occurred or of the threat of	27220
injury, abuse, or neglect that is known or reasonably suspected or	27221
believed, as applicable, to exist, including any evidence of	27222
previous injuries, abuse, or neglect;	27223

(3) Any other information that might be helpful in	27224
establishing the cause of the injury, abuse, or neglect that is	27225
known or reasonably suspected or believed, as applicable, to have	27226
occurred or of the threat of injury, abuse, or neglect that is	27227
known or reasonably suspected or believed, as applicable, to	27228
exist.	27229

Any person, who is required by division (A) of this section	27230
to report child abuse or child neglect that is known or reasonably	27231
suspected or believed to have occurred, may take or cause to be	27232
taken color photographs of areas of trauma visible on a child and,	27233
if medically indicated, cause to be performed radiological	27234
examinations of the child.	27235

(D) As used in this division, "children's advocacy center"	27236
and "sexual abuse of a child" have the same meanings as in section	27237
2151.425 of the Revised Code.	27238

(1) When a municipal or county peace officer receives a	27239
report concerning the possible abuse or neglect of a child or the	27240
possible threat of abuse or neglect of a child, upon receipt of	27241
the report, the municipal or county peace officer who receives the	27242
report shall refer the report to the appropriate public children	27243
services agency.	27244

(2) When a public children services agency receives a report	27245
pursuant to this division or division (A) or (B) of this section,	27246
upon receipt of the report, the public children services agency	27247
shall do both of the following:	27248

(a) Comply with section 2151.422 of the Revised Code;

27249

(b) If the county served by the agency is also served by a	27250
children's advocacy center and the report alleges sexual abuse of	27251
a child or another type of abuse of a child that is specified in	27252
the memorandum of understanding that creates the center as being	27253
within the center's jurisdiction, comply regarding the report with	27254
the protocol and procedures for referrals and investigations, with	27255
the coordinating activities, and with the authority or	27256
responsibility for performing or providing functions, activities,	27257
and services stipulated in the interagency agreement entered into	27258
under section 2151.428 of the Revised Code relative to that	27259
center.	27260

(E) No township, municipal, or county peace officer shall	27261
remove a child about whom a report is made pursuant to this	27262
section from the child's parents, stepparents, or guardian or any	27263
other persons having custody of the child without consultation	27264
with the public children services agency, unless, in the judgment	27265
of the officer, and, if the report was made by physician, the	27266
physician, immediate removal is considered essential to protect	27267
the child from further abuse or neglect. The agency that must be	27268
consulted shall be the agency conducting the investigation of the	27269
report as determined pursuant to section 2151.422 of the Revised	27270
Code.	27271

(F)(1) Except as provided in section 2151.422 of the Revised	27272
Code or in an interagency agreement entered into under section	27273
2151.428 of the Revised Code that applies to the particular	27274
report, the public children services agency shall investigate,	27275
within twenty-four hours, each report of child abuse or child	27276
neglect that is known or reasonably suspected or believed to have	27277
occurred and of a threat of child abuse or child neglect that is	27278
known or reasonably suspected or believed to exist that is	27279
referred to it under this section to determine the circumstances	27280
surrounding the injuries, abuse, or neglect or the threat of	27281
injury, abuse, or neglect, the cause of the injuries, abuse,	27282
neglect, or threat, and the person or persons responsible. The	27283
investigation shall be made in cooperation with the law	27284
enforcement agency and in accordance with the memorandum of	27285
understanding prepared under division (J) of this section. A	27286
representative of the public children services agency shall, at	27287
the time of initial contact with the person subject to the	27288
investigation, inform the person of the specific complaints or	27289
allegations made against the person. The information shall be	27290
given in a manner that is consistent with division (H)(1) of this	27291
section and protects the rights of the person making the report	27292
under this section.	27293

A failure to make the investigation in accordance with the	27294
memorandum is not grounds for, and shall not result in, the	27295
dismissal of any charges or complaint arising from the report or	27296
the suppression of any evidence obtained as a result of the report	27297
and does not give, and shall not be construed as giving, any	27298
rights or any grounds for appeal or post-conviction relief to any	27299
person. The public children services agency shall report each case	27300
to the uniform statewide automated child welfare information	27301
system that the department of job and family services shall	27302
maintain in accordance with section 5101.13 of the Revised Code.	27303
The public children services agency shall submit a report of its	27304
investigation, in writing, to the law enforcement agency.	27305

(2) The public children services agency shall make any	27306
recommendations to the county prosecuting attorney or city	27307
director of law that it considers necessary to protect any	27308
children that are brought to its attention.	27309

(G)(1)(a) Except as provided in division (H)(3) of this	27310
section, anyone or any hospital, institution, school, health	27311
department, or agency participating in the making of reports under	27312
division (A) of this section, anyone or any hospital, institution,	27313
school, health department, or agency participating in good faith	27314
in the making of reports under division (B) of this section, and	27315
anyone participating in good faith in a judicial proceeding	27316
resulting from the reports, shall be immune from any civil or	27317
criminal liability for injury, death, or loss to person or	27318
property that otherwise might be incurred or imposed as a result	27319
of the making of the reports or the participation in the judicial	27320
proceeding.	27321

(b) Notwithstanding section 4731.22 of the Revised Code, the	27322
physician-patient privilege shall not be a ground for excluding	27323
evidence regarding a child's injuries, abuse, or neglect, or the	27324
cause of the injuries, abuse, or neglect in any judicial	27325
proceeding resulting from a report submitted pursuant to this	27326
section.	27327

(2) In any civil or criminal action or proceeding in which it	27328
is alleged and proved that participation in the making of a report	27329
under this section was not in good faith or participation in a	27330
judicial proceeding resulting from a report made under this	27331
section was not in good faith, the court shall award the	27332
prevailing party reasonable attorney's fees and costs and, if a	27333
civil action or proceeding is voluntarily dismissed, may award	27334
reasonable attorney's fees and costs to the party against whom the	27335
civil action or proceeding is brought.	27336

(H)(1) Except as provided in divisions (H)(4) and (N) of this	27337
section, a report made under this section is confidential. The	27338
information provided in a report made pursuant to this section and	27339
the name of the person who made the report shall not be released	27340
for use, and shall not be used, as evidence in any civil action or	27341
proceeding brought against the person who made the report. Nothing	27342
in this division shall preclude the use of reports of other	27343
incidents of known or suspected abuse or neglect in a civil action	27344
or proceeding brought pursuant to division (M) of this section	27345
against a person who is alleged to have violated division (A)(1)	27346
of this section, provided that any information in a report that	27347
would identify the child who is the subject of the report or the	27348
maker of the report, if the maker of the report is not the	27349
defendant or an agent or employee of the defendant, has been	27350
redacted. In a criminal proceeding, the report is admissible in	27351
evidence in accordance with the Rules of Evidence and is subject	27352
to discovery in accordance with the Rules of Criminal Procedure.	27353

(2) No person shall permit or encourage the unauthorized	27354
dissemination of the contents of any report made under this	27355
section.	27356

(3) A person who knowingly makes or causes another person to	27357
make a false report under division (B) of this section that	27358
alleges that any person has committed an act or omission that	27359
resulted in a child being an abused child or a neglected child is	27360
guilty of a violation of section 2921.14 of the Revised Code.	27361

(4) If a report is made pursuant to division (A) or (B) of	27362
this section and the child who is the subject of the report dies	27363
for any reason at any time after the report is made, but before	27364
the child attains eighteen years of age, the public children	27365
services agency or municipal or county peace officer to which the	27366
report was made or referred, on the request of the child fatality	27367
review board, shall submit a summary sheet of information	27368
providing a summary of the report to the review board of the	27369
county in which the deceased child resided at the time of death.	27370
On the request of the review board, the agency or peace officer	27371
may, at its discretion, make the report available to the review	27372
board. If the county served by the public children services agency	27373
is also served by a children's advocacy center and the report of	27374
alleged sexual abuse of a child or another type of abuse of a	27375
child is specified in the memorandum of understanding that creates	27376
the center as being within the center's jurisdiction, the agency	27377
or center shall perform the duties and functions specified in this	27378
division in accordance with the interagency agreement entered into	27379
under section 2151.428 of the Revised Code relative to that	27380
advocacy center.	27381

(5) A public children services agency shall advise a person	27382
alleged to have inflicted abuse or neglect on a child who is the	27383
subject of a report made pursuant to this section, including a	27384
report alleging sexual abuse of a child or another type of abuse	27385
of a child referred to a children's advocacy center pursuant to an	27386
interagency agreement entered into under section 2151.428 of the	27387
Revised Code, in writing of the disposition of the investigation.	27388
The agency shall not provide to the person any information that	27389
identifies the person who made the report, statements of	27390
witnesses, or police or other investigative reports.	27391

(I) Any report that is required by this section, other than a	27392
report that is made to the state highway patrol as described in	27393
section 5120.173 of the Revised Code, shall result in protective	27394
services and emergency supportive services being made available by	27395
the public children services agency on behalf of the children	27396
about whom the report is made, in an effort to prevent further	27397
neglect or abuse, to enhance their welfare, and, whenever	27398
possible, to preserve the family unit intact. The agency required	27399
to provide the services shall be the agency conducting the	27400
investigation of the report pursuant to section 2151.422 of the	27401
Revised Code.	27402

(J)(1) Each public children services agency shall prepare a	27403
memorandum of understanding that is signed by all of the	27404
following:	27405

(a) If there is only one juvenile judge in the county, the	27406
juvenile judge of the county or the juvenile judge's	27407
representative;	27408

(b) If there is more than one juvenile judge in the county, a	27409
juvenile judge or the juvenile judges' representative selected by	27410
the juvenile judges or, if they are unable to do so for any	27411
reason, the juvenile judge who is senior in point of service or	27412
the senior juvenile judge's representative;	27413

27414

(d) All chief municipal peace officers within the county;

27415

(e) Other law enforcement officers handling child abuse and	27416
neglect cases in the county;	27417

(f) The prosecuting attorney of the county;

27418

(g) If the public children services agency is not the county	27419
department of job and family services, the county department of	27420
job and family services;	27421

(h) The county humane society;

27422

(i) If the public children services agency participated in	27423
the execution of a memorandum of understanding under section	27424
2151.426 of the Revised Code establishing a children's advocacy	27425
center, each participating member of the children's advocacy	27426
center established by the memorandum.	27427

(2) A memorandum of understanding shall set forth the normal	27428
operating procedure to be employed by all concerned officials in	27429
the execution of their respective responsibilities under this	27430
section and division (C) of section 2919.21, division (B)(1) of	27431
section 2919.22, division (B) of section 2919.23, and section	27432
2919.24 of the Revised Code and shall have as two of its primary	27433
goals the elimination of all unnecessary interviews of children	27434
who are the subject of reports made pursuant to division (A) or	27435
(B) of this section and, when feasible, providing for only one	27436
interview of a child who is the subject of any report made	27437
pursuant to division (A) or (B) of this section. A failure to	27438
follow the procedure set forth in the memorandum by the concerned	27439
officials is not grounds for, and shall not result in, the	27440
dismissal of any charges or complaint arising from any reported	27441
case of abuse or neglect or the suppression of any evidence	27442
obtained as a result of any reported child abuse or child neglect	27443
and does not give, and shall not be construed as giving, any	27444
rights or any grounds for appeal or post-conviction relief to any	27445
person.	27446

(3) A memorandum of understanding shall include all of the	27447
following:	27448

(a) The roles and responsibilities for handling emergency and	27449
nonemergency cases of abuse and neglect;	27450

(b) Standards and procedures to be used in handling and	27451
coordinating investigations of reported cases of child abuse and	27452
reported cases of child neglect, methods to be used in	27453
interviewing the child who is the subject of the report and who	27454
allegedly was abused or neglected, and standards and procedures	27455
addressing the categories of persons who may interview the child	27456
who is the subject of the report and who allegedly was abused or	27457
neglected.	27458

(4) If a public children services agency participated in the	27459
execution of a memorandum of understanding under section 2151.426	27460
of the Revised Code establishing a children's advocacy center, the	27461
agency shall incorporate the contents of that memorandum in the	27462
memorandum prepared pursuant to this section.	27463

(5) The clerk of the court of common pleas in the county may	27464
sign the memorandum of understanding prepared under division	27465
(J)(1) of this section. If the clerk signs the memorandum of	27466
understanding, the clerk shall execute all relevant	27467
responsibilities as required of officials specified in the	27468
memorandum.	27469

(K)(1) Except as provided in division (K)(4) of this section,	27470
a person who is required to make a report pursuant to division (A)	27471
of this section may make a reasonable number of requests of the	27472
public children services agency that receives or is referred the	27473
report, or of the children's advocacy center that is referred the	27474
report if the report is referred to a children's advocacy center	27475
pursuant to an interagency agreement entered into under section	27476
2151.428 of the Revised Code, to be provided with the following	27477
information:	27478

(a) Whether the agency or center has initiated an	27479
investigation of the report;	27480

(b) Whether the agency or center is continuing to investigate	27481
the report;	27482

(c) Whether the agency or center is otherwise involved with	27483
the child who is the subject of the report;	27484

(d) The general status of the health and safety of the child	27485
who is the subject of the report;	27486

(e) Whether the report has resulted in the filing of a	27487
complaint in juvenile court or of criminal charges in another	27488
court.	27489

(2) A person may request the information specified in	27490
division (K)(1) of this section only if, at the time the report is	27491
made, the person's name, address, and telephone number are	27492
provided to the person who receives the report.	27493

When a municipal or county peace officer or employee of a	27494
public children services agency receives a report pursuant to	27495
division (A) or (B) of this section the recipient of the report	27496
shall inform the person of the right to request the information	27497
described in division (K)(1) of this section. The recipient of the	27498
report shall include in the initial child abuse or child neglect	27499
report that the person making the report was so informed and, if	27500
provided at the time of the making of the report, shall include	27501
the person's name, address, and telephone number in the report.	27502

Each request is subject to verification of the identity of	27503
the person making the report. If that person's identity is	27504
verified, the agency shall provide the person with the information	27505
described in division (K)(1) of this section a reasonable number	27506
of times, except that the agency shall not disclose any	27507
confidential information regarding the child who is the subject of	27508
the report other than the information described in those	27509
divisions.	27510

(3) A request made pursuant to division (K)(1) of this	27511
section is not a substitute for any report required to be made	27512
pursuant to division (A) of this section.	27513

(4) If an agency other than the agency that received or was	27514
referred the report is conducting the investigation of the report	27515
pursuant to section 2151.422 of the Revised Code, the agency	27516
conducting the investigation shall comply with the requirements of	27517
division (K) of this section.	27518

(L) The director of job and family services shall adopt rules	27519
in accordance with Chapter 119. of the Revised Code to implement	27520
this section. The department of job and family services may enter	27521
into a plan of cooperation with any other governmental entity to	27522
aid in ensuring that children are protected from abuse and	27523
neglect. The department shall make recommendations to the attorney	27524
general that the department determines are necessary to protect	27525
children from child abuse and child neglect.	27526

(M) Whoever violates division (A) of this section is liable	27527
for compensatory and exemplary damages to the child who would have	27528
been the subject of the report that was not made. A person who	27529
brings a civil action or proceeding pursuant to this division	27530
against a person who is alleged to have violated division (A)(1)	27531
of this section may use in the action or proceeding reports of	27532
other incidents of known or suspected abuse or neglect, provided	27533
that any information in a report that would identify the child who	27534
is the subject of the report or the maker of the report, if the	27535
maker is not the defendant or an agent or employee of the	27536
defendant, has been redacted.	27537

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

27538

(a) "Out-of-home care" includes a nonchartered nonpublic	27539
school if the alleged child abuse or child neglect, or alleged	27540
threat of child abuse or child neglect, described in a report	27541
received by a public children services agency allegedly occurred	27542
in or involved the nonchartered nonpublic school and the alleged	27543
perpetrator named in the report holds a certificate, permit, or	27544
license issued by the state board of education under section	27545
3301.071 or Chapter 3319. of the Revised Code.	27546

(b) "Administrator, director, or other chief administrative	27547
officer" means the superintendent of the school district if the	27548
out-of-home care entity subject to a report made pursuant to this	27549
section is a school operated by the district.	27550

(2) No later than the end of the day following the day on	27551
which a public children services agency receives a report of	27552
alleged child abuse or child neglect, or a report of an alleged	27553
threat of child abuse or child neglect, that allegedly occurred in	27554
or involved an out-of-home care entity, the agency shall provide	27555
written notice of the allegations contained in and the person	27556
named as the alleged perpetrator in the report to the	27557
administrator, director, or other chief administrative officer of	27558
the out-of-home care entity that is the subject of the report	27559
unless the administrator, director, or other chief administrative	27560
officer is named as an alleged perpetrator in the report. If the	27561
administrator, director, or other chief administrative officer of	27562
an out-of-home care entity is named as an alleged perpetrator in a	27563
report of alleged child abuse or child neglect, or a report of an	27564
alleged threat of child abuse or child neglect, that allegedly	27565
occurred in or involved the out-of-home care entity, the agency	27566
shall provide the written notice to the owner or governing board	27567
of the out-of-home care entity that is the subject of the report.	27568
The agency shall not provide witness statements or police or other	27569
investigative reports.	27570

(3) No later than three days after the day on which a public	27571
children services agency that conducted the investigation as	27572
determined pursuant to section 2151.422 of the Revised Code makes	27573
a disposition of an investigation involving a report of alleged	27574
child abuse or child neglect, or a report of an alleged threat of	27575
child abuse or child neglect, that allegedly occurred in or	27576
involved an out-of-home care entity, the agency shall send written	27577
notice of the disposition of the investigation to the	27578
administrator, director, or other chief administrative officer and	27579
the owner or governing board of the out-of-home care entity. The	27580
agency shall not provide witness statements or police or other	27581
investigative reports.	27582

(O) As used in this section, "investigation" means the public	27583
children services agency's response to an accepted report of child	27584
abuse or neglect through either an alternative response or a	27585
traditional response.	27586

Sec. 2151.424. (A) If a child has been placed in a certified	27587
foster home or is in the custody of a relative of the child, other	27588
than a parent of the child, a court, prior to conducting any	27589
hearing pursuant to division ~~(E)~~(F)(2) or (3) of section 2151.412	27590
or section 2151.28, 2151.33, 2151.35, 2151.414, 2151.415,	27591
2151.416, or 2151.417 of the Revised Code with respect to the	27592
child, shall notify the foster caregiver or relative of the date,	27593
time, and place of the hearing. At the hearing, the foster	27594
caregiver or relative shall have the right to present evidence.	27595

(B) If a public children services agency or private child	27596
placing agency has permanent custody of a child and a petition to	27597
adopt the child has been filed under Chapter 3107. of the Revised	27598
Code, the agency, prior to conducting a review under section	27599
2151.416 of the Revised Code, or a court, prior to conducting a	27600
hearing under division ~~(E)~~(F)(2) or (3) of section 2151.412 or	27601
section 2151.416 or 2151.417 of the Revised Code, shall notify the	27602
prospective adoptive parent of the date, time, and place of the	27603
review or hearing. At the review or hearing, the prospective	27604
adoptive parent shall have the right to present evidence.	27605

(C) The notice and the opportunity to present evidence do not	27606
make the foster caregiver, relative, or prospective adoptive	27607
parent a party in the action or proceeding pursuant to which the	27608
review or hearing is conducted.	27609

Sec. 2151.429. (A) The differential response approach, as	27610
defined in section 2151.011 of the Revised Code, pursued by a	27611
public children services agency shall include two response	27612
pathways, the traditional response pathway and the alternative	27613
response pathway. The director of job and family services shall	27614
adopt rules pursuant to Chapter 119. of the Revised Code setting	27615
forth the procedures and criteria for public children services	27616
agencies to assign and reassign response pathways.	27617

(B) The agency shall use the traditional response for the	27618
following types of accepted reports:	27619

(1) Physical abuse resulting in serious injury or that	27620
creates a serious and immediate risk to a child's health and	27621
safety.	27622

(2) Sexual abuse.

27623

(3) Child fatality.

27624

(4) Reports requiring a specialized assessment as identified	27625
by rule adopted by the department.	27626

(5) Reports requiring a third party investigative procedure	27627
as identified by rule adopted by the department.	27628

(C) For all other child abuse and neglect reports, an	27629
alternative response shall be the preferred response, whenever	27630
appropriate and in accordance with rules adopted by the	27631
department.	27632

Sec. 2151.56. The "interstate compact for juveniles" is	27633
hereby ratified, enacted into law, and entered into by the state	27634
of Ohio as a party to the compact with any other state that has	27635
legally joined in the compact as follows:	27636

INTERSTATE COMPACT FOR JUVENILES	27637

Article I -- Purpose	27638

The compacting states to this interstate compact for	27639
juveniles recognize that each state is responsible for the proper	27640
supervision or return of juveniles, delinquents, and status	27641
offenders who are on probation or parole and who have absconded,	27642
escaped, or run away from supervision and control and in so doing	27643
have endangered their own safety and the safety of others. The	27644
compacting states also recognize that each state is responsible	27645
for the safe return of juveniles who have run away from home and	27646
in doing so have left their state of residence. The compacting	27647
states also recognize that congress, by enacting the Crime Control	27648
Act, 4 U.S.C. Section 112 (1965), has authorized and encouraged	27649
compacts for cooperative efforts and mutual assistance in the	27650
prevention of crime.	27651

It is the policy of the compacting states that the activities	27652
conducted by the interstate commission for juveniles created by	27653
this compact are the formation of public policies and therefore	27654
are public business. Furthermore, the compacting states shall	27655
cooperate and observe their individual and collective duties and	27656
responsibilities for the prompt return and acceptance of juveniles	27657
subject to the provisions of this compact. The provisions of this	27658
compact shall be reasonably and liberally construed to accomplish	27659
the purposes and policies of the compact.	27660

It is the purpose of this compact, through means of joint and	27661
cooperative action among the compacting states, to do all of the	27662
following:	27663

(A) Ensure that the adjudicated juveniles and status	27664
offenders subject to this compact are provided adequate	27665
supervision and services in the receiving state as ordered by the	27666
adjudicating judge or parole authority in the sending state;	27667

(B) Ensure that the public safety interests of the citizens,	27668
including the victims of juvenile offenders, in both the sending	27669
and receiving states are adequately protected;	27670

(C) Return juveniles who have run away, absconded, or escaped	27671
from supervision or control or have been accused of an offense to	27672
the state requesting their return;	27673

(D) Make contracts for the cooperative institutionalization	27674
in public facilities in member states for delinquent youth needing	27675
special services;	27676

(E) Provide for the effective tracking and supervision of	27677
juveniles;	27678

(F) Equitably allocate the costs, benefits, and obligations	27679
of the compacting states;	27680

(G) Establish procedures to manage the movement between	27681
states of juvenile offenders released to the community under the	27682
jurisdiction of courts, juvenile departments, or any other	27683
criminal or juvenile justice agency that has jurisdiction over	27684
juvenile offenders;	27685

(H) Ensure immediate notice to jurisdictions where defined	27686
offenders are authorized to travel or to relocate across state	27687
lines;	27688

(I) Establish procedures to resolve pending charges, such as	27689
detainers, against juvenile offenders prior to transfer or release	27690
to the community under the terms of this compact;	27691

(J) Establish a system of uniform data collection on	27692
information pertaining to juveniles subject to this compact that	27693
allows access by authorized juvenile justice and criminal justice	27694
officials and regular reporting of compact activities to heads of	27695
state executive, judicial, and legislative branches and juvenile	27696
justice and criminal justice administrators;	27697

(K) Monitor compliance with rules governing interstate	27698
movement of juveniles and initiate interventions to address and	27699
correct noncompliance;	27700

(L) Coordinate training and education regarding the	27701
regulation of interstate movement of juveniles for officials	27702
involved in such activity;	27703

(M) Coordinate the implementation and operation of this	27704
compact with the interstate compact for the placement of children,	27705
the interstate compact for adult offender supervision, and other	27706
compacts affecting juveniles, particularly in those cases where	27707
concurrent or overlapping supervision issues arise.	27708

Article II -- Definitions	27709

As used in this compact, unless the context clearly requires	27710
a different construction:	27711

(A) "Bylaws" means those bylaws established by the interstate	27712
commission for its governance or for directing or controlling its	27713
actions or conduct.	27714

(B) "Compact administrator" means the individual in each	27715
compacting state appointed pursuant to the terms of this compact	27716
who is responsible for the administration and management of the	27717
state's supervision and transfer of juveniles subject to the terms	27718
of this compact, the rules adopted by the interstate commission	27719
under this compact, and policies adopted by the state council	27720
under this compact.	27721

(C) "Compacting state" means any state that has enacted the	27722
enabling legislation for this compact.	27723

(D) "Commissioner" means the voting representative of each	27724
compacting state appointed pursuant to Article III of this	27725
compact.	27726

(E) "Court" means any court having jurisdiction over	27727
delinquent, neglected, or dependent children.	27728

(F) "Interstate commission for juveniles" or "interstate	27729
commission" means the interstate commission for juveniles created	27730
by Article III of this compact.	27731

(G) "Juvenile" means any person defined as a juvenile in any	27732
member state or by the rules of the interstate commission,	27733
including any of the following:	27734

(1) An "accused delinquent," which means a person charged	27735
with a violation of a law or municipal ordinance that, if	27736
committed by an adult, would be a criminal offense;	27737

(2) An "adjudicated delinquent," which means a person found	27738
to have committed a violation of a law or municipal ordinance	27739
that, if committed by an adult, would be a criminal offense;	27740

(3) An "accused status offender," which means a person	27741
charged with a violation of a law or municipal ordinance that	27742
would not be a criminal offense if committed by an adult;	27743

(4) An "adjudicated status offender," which means a person	27744
found to have committed a violation of a law or municipal	27745
ordinance that would not be a criminal offense if committed by an	27746
adult;	27747

(5) A "nonoffender," which means a person in need of	27748
supervision who is not an accused or adjudicated status offender	27749
or delinquent.	27750

(H) "Noncompacting state" means any state that has not	27751
enacted the enabling legislation for this compact.	27752

(I) "Probation or parole" means any kind of supervision or	27753
conditional release of juveniles authorized under the laws of the	27754
compacting states.	27755

(J) "Rule" means a written statement by the interstate	27756
commission promulgated pursuant to Article VI of this compact that	27757
is of general applicability, that implements, interprets, or	27758
prescribes a policy or provision of the compact, or an	27759
organizational, procedural, or practice requirement of the	27760
interstate commission, and that has the force and effect of	27761
statutory law in a compacting state, and includes the amendment,	27762
repeal, or suspension of an existing rule.	27763

(K) "State" means a state of the United States, the District	27764
of Columbia or its designee, the Commonwealth of Puerto Rico, the	27765
U.S. Virgin Islands, Guam, American Samoa, and the Northern	27766
Marianas Islands.	27767

Article III -- Interstate Commission for Juveniles	27768

(A) The compacting states hereby create the "interstate	27769
commission for juveniles." The commission shall be a body	27770
corporate and joint agency of the compacting states. The	27771
commission shall have all the responsibilities, powers, and duties	27772
set forth in this compact, and any additional powers that may be	27773
conferred upon it by subsequent action of the respective	27774
legislatures of the compacting states in accordance with the terms	27775
of this compact.	27776

(B) The interstate commission shall consist of commissioners	27777
appointed by the appropriate appointing authority in each state	27778
pursuant to the rules and requirements of each compacting state	27779
and in consultation with the state council for interstate juvenile	27780
supervision created in the state in accordance with this compact.	27781
The commissioners are the voting representatives of each state.	27782
The commissioner for a state shall be the compact administrator or	27783
designee from that state who shall serve on the interstate	27784
commission in such capacity under or pursuant to the applicable	27785
law of the compacting state.	27786

(C) In addition to the commissioners, the interstate	27787
commission also shall include individuals who are not	27788
commissioners but who are members of interested organizations. The	27789
noncommissioner members shall include a member of the national	27790
organizations of governors, legislators, state chief justices,	27791
attorneys general, interstate compact for adult offender	27792
supervision, interstate compact for the placement of children,	27793
juvenile justice and juvenile corrections officials, and crime	27794
victims. All noncommissioner members of the interstate commission	27795
shall be ex officio, nonvoting members. The interstate commission	27796
may provide in its bylaws for such additional ex officio,	27797
nonvoting members, including members of other national	27798
organizations, in such numbers as shall be determined by the	27799
commission.	27800

(D) Each compacting state represented at any meeting of the	27801
interstate commission is entitled to one vote. A majority of the	27802
compacting states shall constitute a quorum for the transaction of	27803
business, unless a larger quorum is required by the bylaws of the	27804
interstate commission.	27805

(E) The interstate commission shall meet at least once each	27806
calendar year. The chairperson may call additional meetings and,	27807
upon the request of a simple majority of the compacting states,	27808
shall call additional meetings. Public notice shall be given of	27809
all meetings, and all meetings, shall be open to the public.	27810

(F) The interstate commission shall establish an executive	27811
committee, which shall include commission officers, members, and	27812
others as determined by the interstate commission's bylaws. The	27813
executive committee shall have the power to act on behalf of the	27814
interstate commission during periods when the interstate	27815
commission is not in session, with the exception of any rulemaking	27816
or amendment to the compact. The executive committee shall do all	27817
of the following:	27818

(1) Oversee the day-to-day activities of the administration	27819
of the compact, managed by an executive director and interstate	27820
commission staff;	27821

(2) Administer enforcement and compliance with the provisions	27822
of this compact and the interstate commission's bylaws and rules;	27823

(3) Perform any other duties as directed by the interstate	27824
commission or set forth in its bylaws.	27825

(G) Each member of the interstate commission shall have the	27826
right and power to cast a vote to which that compacting state is	27827
entitled and to participate in the business and affairs of the	27828
interstate commission. A member shall vote in person and shall not	27829
delegate a vote to another compacting state. However, a	27830
commissioner, in consultation with the state council for	27831
interstate juvenile supervision for the state, shall appoint	27832
another authorized representative, in the absence of the	27833
commissioner from that state, to cast a vote on behalf of the	27834
compacting state at a specified meeting. The interstate	27835
commission's bylaws may provide for members' participation in	27836
meetings by telephone or other means of telecommunication or	27837
electronic communication.	27838

(H) The interstate commission's bylaws shall establish	27839
conditions and procedures under which the interstate commission	27840
shall make its information and official records available to the	27841
public for inspection or copying. The interstate commission may	27842
exempt from disclosure any information or official records to the	27843
extent the information or official records would adversely affect	27844
personal privacy rights or proprietary interests.	27845

(I) Public notice shall be given of all meetings of the	27846
interstate commission, and all of its meetings shall be open to	27847
the public, except as set forth in the commission's rules or as	27848
otherwise provided in this compact. The interstate commission and	27849
any of its committees may close a meeting to the public when it	27850
determines by two-thirds vote that an open meeting would be likely	27851
to do any of the following:	27852

(1) Relate solely to the interstate commission's internal	27853
personnel practices and procedures;	27854

(2) Disclose matters specifically exempted from disclosure by	27855
statute;	27856

(3) Disclose trade secrets or commercial or financial	27857
information that is privileged or confidential;	27858

(4) Involve accusing any person of a crime or formally	27859
censuring any person;	27860

(5) Disclose information of a personal nature where	27861
disclosure would constitute a clearly unwarranted invasion of	27862
personal privacy;	27863

(6) Disclose investigative records compiled for law	27864
enforcement purposes;	27865

(7) Disclose information contained in or related to	27866
examination, operating, or condition reports prepared by, or on	27867
behalf of or for the use of, the interstate commission with	27868
respect to a regulated person or entity for the purpose of	27869
regulation or supervision of such person or entity;	27870

(8) Disclose information, the premature disclosure of which	27871
would significantly endanger the stability of a regulated person	27872
or entity;	27873

(9) Specifically relate to the interstate commission's	27874
issuance of a subpoena or its participation in a civil action or	27875
other legal proceeding.	27876

(J) For every meeting closed pursuant to division (I) of this	27877
Article of this compact, the interstate commission's legal counsel	27878
shall publicly certify that, in the legal counsel's opinion, the	27879
meeting may be closed to the public and shall reference each	27880
relevant exemptive provision. The interstate commission shall keep	27881
minutes that fully and clearly describe all matters discussed in	27882
any meeting and that provide a full and accurate summary of any	27883
actions taken, and the reasons for the actions, including a	27884
description of each of the views expressed on any item and the	27885
record of any roll call vote (reflected in the vote of each member	27886
on the question). All documents considered in connection with any	27887
action shall be identified in those minutes.	27888

(K) The interstate commission shall collect standardized data	27889
concerning the interstate movement of juveniles as directed	27890
through its rules, which shall specify the data to be collected,	27891
the means of collection and data exchange, and reporting	27892
requirements. Such methods of data collection, exchange, and	27893
reporting shall insofar as is reasonably possible conform to	27894
up-to-date technology and coordinate the interstate commission's	27895
information functions with the appropriate repository of records.	27896

Article IV -- Powers and Duties of the Interstate Commission	27897

The interstate commission shall maintain its corporate books	27898
and records in accordance with its bylaws.	27899

The interstate commission shall have all of the following	27900
powers and duties:	27901

(A) To provide for dispute resolution among compacting	27902
states;	27903

(B) To promulgate rules to affect the purposes and	27904
obligations as enumerated in this compact, which rules shall have	27905
the force and effect of statutory law and shall be binding in the	27906
compacting states to the extent and in the manner provided in this	27907
compact;	27908

(C) To oversee, supervise, and coordinate the interstate	27909
movement of juveniles, subject to the terms of this compact and	27910
any bylaws adopted and rules promulgated by the interstate	27911
commission;	27912

(D) To enforce compliance with the provisions of this	27913
compact, the rules promulgated by the interstate commission, and	27914
the interstate commission's bylaws, using all necessary and proper	27915
means, including but not limited to the use of judicial process;	27916

(E) To establish and maintain offices, which shall be located	27917
within one or more of the compacting states;	27918

(F) To purchase and maintain insurance and bonds;

27919

(G) To borrow, accept, hire, or contract for services of	27920
personnel;	27921

(H) To establish and appoint committees and hire staff that	27922
it considers necessary for the carrying out of its functions,	27923
including, but not limited to, an executive committee as required	27924
by Article III of this compact, which executive committee shall	27925
have the power to act on behalf of the interstate commission in	27926
carrying out its powers and duties under this compact;	27927

(I) To elect or appoint officers, attorneys, employees,	27928
agents, or consultants, to fix their compensation, define their	27929
duties, and determine their qualifications, and to establish the	27930
interstate commission's personnel policies and programs relating	27931
to, inter alia, conflicts of interest, rates of compensation, and	27932
qualifications of personnel;	27933

(J) To accept any and all donations and grants of money,	27934
equipment, supplies, materials, and services and to receive,	27935
utilize, and dispose of same;	27936

(K) To lease, purchase, accept contributions or donations of,	27937
or otherwise to own, hold, improve, or use any real property,	27938
personal property, or mixed real and personal property;	27939

(L) To sell, convey, mortgage, pledge, lease, exchange,	27940
abandon, or otherwise dispose of any real property, personal	27941
property, or mixed real and personal property;	27942

(M) To establish a budget and make expenditures and levy dues	27943
as provided in Article VIII of this compact;	27944

(N) To sue and be sued;

27945

(O) To adopt a seal and bylaws governing the management and	27946
operation of the interstate commission;	27947

(P) To perform any functions that may be necessary or	27948
appropriate to achieve the purposes of this compact;	27949

(Q) To report annually to the legislatures, governors,	27950
judiciary, and state councils for interstate juvenile supervision	27951
of the compacting states concerning the activities of the	27952
interstate commission during the preceding year, and with the	27953
annual reports also including any recommendations that may have	27954
been adopted by the interstate commission.	27955

(R) To coordinate education, training, and public awareness	27956
regarding the interstate movement of juveniles for officials	27957
involved in such activity.	27958

(S) To establish uniform standards of the reporting,	27959
collecting and exchanging of data.	27960

Article V -- Organization and Operation of the Interstate	27961
Commission	27962

Section A. Bylaws

27963

The interstate commission, by a majority of the members	27964
present and voting and within twelve months after the first	27965
interstate commission meeting, shall adopt bylaws to govern its	27966
conduct as may be necessary or appropriate to carry out the	27967
purposes of this compact, including, but not limited to, bylaws	27968
that do all of the following:	27969

(1) Establish the fiscal year of the interstate commission;

27970

(2) Establish an executive committee and any other committees	27971
that may be necessary;	27972

(3) Provide for the establishment of committees governing any	27973
general or specific delegation of any authority or function of the	27974
interstate commission;	27975

(4) Provide reasonable procedures for calling and conducting	27976
meetings of the interstate commission and ensuring reasonable	27977
notice of each such meeting;	27978

(5) Establish the titles and responsibilities of the officers	27979
of the interstate commission;	27980

(6) Provide a mechanism for concluding the operations of the	27981
interstate commission and the return of any surplus funds that may	27982
exist upon the termination of this compact after the payment or	27983
reserving of all of its debts and obligations, or both;	27984

(7) Provide start-up rules for initial administration of this	27985
compact;	27986

(8) Establish standards and procedures for compliance and	27987
technical assistance in carrying out this compact.	27988

Section B. Officers and Staff

27989

(1) The interstate commission, by a majority of the members,	27990
shall elect annually from among its members a chairperson and a	27991
vice chairperson, each of whom shall have such authority and	27992
duties as may be specified in the interstate commission's bylaws.	27993
The chairperson or, in the chairperson's absence or disability,	27994
the vice chairperson shall preside at all meetings of the	27995
interstate commission. The officers so elected shall serve without	27996
compensation or remuneration from the interstate commission;	27997
provided that, subject to the availability of budgeted funds, the	27998
officers shall be reimbursed for any ordinary and necessary costs	27999
and expenses incurred by them in the performance of their duties	28000
and responsibilities as officers of the interstate commission.	28001

(2) The interstate commission, through its executive	28002
committee, shall appoint or retain an executive director for such	28003
period, upon such terms and conditions, and for such compensation	28004
as the interstate commission considers appropriate. The executive	28005
director shall serve as secretary to the interstate commission but	28006
shall not be a member of the interstate commission. The executive	28007
director shall hire and supervise such other staff as may be	28008
authorized by the interstate commission.	28009

Section C. Qualified Immunity, Defense, and Indemnification

28010

(1) Except as otherwise provided in this subsection, the	28011
interstate commission's executive director and each of its	28012
employees shall be immune from suit and liability, either	28013
personally or in the executive director's or employee's official	28014
capacity, for any claim for damage to or loss of property or	28015
personal injury or other civil liability caused or arising out of	28016
or relating to any actual or alleged act, error, or omission that	28017
occurred, or that the executive director or employee had a	28018
reasonable basis for believing occurred, within the scope of	28019
commission employment, duties, or responsibilities. The executive	28020
director or an employee shall not be protected from suit or	28021
liability for any damage, loss, injury, or liability caused by the	28022
executive director's or employee's willful and wanton misconduct	28023
of any such person.	28024

(2) The liability of any commissioner, or the employee or	28025
agent of a commissioner, acting within the scope of such person's	28026
employment or duties for acts, errors, or omissions occurring	28027
within such person's state may not exceed the limits of liability	28028
set forth under the constitution and laws of that state for state	28029
officials, employees, and agents. Nothing in this subsection shall	28030
be construed to protect any such person from suit or liability for	28031
any damage, loss, injury, or liability caused by the intentional	28032
or willful and wanton misconduct of any such person.	28033

(3) Except as otherwise provided in this subsection, the	28034
interstate commission shall defend the executive director or the	28035
employees or representatives of the interstate commission and,	28036
subject to the approval of the attorney general of the state	28037
represented by any commissioner of a compacting state, shall	28038
defend such commissioner or the commissioner's representatives or	28039
employees in any civil action seeking to impose liability arising	28040
out of any actual or alleged act, error, or omission that occurred	28041
within the scope of interstate commission employment, duties, or	28042
responsibilities, or that the defendant had a reasonable basis for	28043
believing occurred within the scope of interstate commission	28044
employment, duties, or responsibilities. The duty to defend	28045
described in this division does not apply if the actual or alleged	28046
act, error, or omission in question resulted from intentional or	28047
willful and wanton misconduct on the part of the executive	28048
director, employee, or representative of the interstate commission	28049
or the commissioner of a compacting state or the commissioner's	28050
representatives or employees.	28051

(4) Except as otherwise provided in this subsection, the	28052
interstate commission shall indemnify and hold the commissioner of	28053
a compacting state, or the commissioner's representatives or	28054
employees, or the interstate commission's representatives or	28055
employees, harmless in the amount of any settlement or judgment	28056
obtained against such persons arising out of any actual or alleged	28057
act, error, or omission that occurred within the scope of	28058
interstate commission employment, duties, or responsibilities, or	28059
that such persons had a reasonable basis for believing occurred	28060
within the scope of interstate commission employment, duties, or	28061
responsibilities. The duty to indemnify and hold harmless	28062
described in this division does not apply if the actual or alleged	28063
act, error, or omission in question resulted from intentional or	28064
willful and wanton misconduct on the part of the commissioner of a	28065
compacting state or the commissioner's representatives or	28066
employees or the interstate commission's representatives or	28067
employees.	28068

Article VI -- Rulemaking Functions of the Interstate Commission	28069

(A) The interstate commission shall promulgate and publish	28070
rules in order to effectively and efficiently achieve the purposes	28071
of this compact.	28072

(B) Rulemaking shall occur pursuant to the criteria set forth	28073
in this Article and the bylaws and rules adopted pursuant thereto.	28074
The rulemaking shall substantially conform to the principles of	28075
the "Model State Administrative Procedures Act," 1981 Act, Uniform	28076
Laws Annotated, Vol. 15, p. 1 (2000), or another administrative	28077
procedures act, as the interstate commission determines	28078
appropriate consistent with due process requirements under the	28079
United States Constitution as now or hereafter interpreted by the	28080
United States Supreme Court. All rules and amendments shall become	28081
binding as of the date specified, as published with the final	28082
version of the rule as approved by the interstate commission.	28083

(C) When promulgating a rule, the interstate commission, at a	28084
minimum, shall do all of the following:	28085

(1) Publish the proposed rule's entire text stating the	28086
reason or reasons for that proposed rule;	28087

(2) Allow and invite any and all persons to submit written	28088
data, facts, opinions, and arguments, which information shall be	28089
added to the record and be made publicly available;	28090

(3) Provide an opportunity for an informal hearing, if	28091
petitioned by ten or more persons;	28092

(4) Promulgate a final rule and its effective date, if	28093
appropriate, based on input from state or local officials, or	28094
interested parties.	28095

(D) When the interstate commission promulgates a rule, not	28096
later than sixty days after the rule is promulgated, any	28097
interested person may file a petition in the United States	28098
district court for the District of Columbia or in the federal	28099
district court where the interstate commission's principal office	28100
is located, for judicial review of the rule. If the court finds	28101
that the interstate commission's action is not supported by	28102
substantial evidence in the rulemaking record, the court shall	28103
hold the rule unlawful and set it aside. For purposes of this	28104
division, evidence is substantial if it would be considered	28105
substantial evidence under the "Model State Administrative	28106
Procedures Act," 1981 Act, Uniform Laws Annotated, Vol. 15, p. 1	28107
(2000).	28108

(E) If a majority of the legislatures of the compacting	28109
states rejects a rule, those states, by enactment of a statute or	28110
resolution in the same manner used to adopt the compact, may cause	28111
that such rule shall have no further force and effect in any	28112
compacting state.	28113

(F) The existing rules governing the operation of the	28114
interstate compact on juveniles that is superseded by this compact	28115
shall be null and void twelve months after the first meeting of	28116
the interstate commission created under this compact.	28117

(G) Upon determination by the interstate commission that a	28118
state of emergency exists, it may promulgate an emergency rule. An	28119
emergency rule so promulgated shall become effective immediately	28120
upon adoption, provided that the usual rulemaking procedures	28121
specified in this Article shall be retroactively applied to the	28122
emergency rule as soon as reasonably possible, but not later than	28123
ninety days after the effective date of the emergency rule.	28124

Article VII -- Oversight, Enforcement, and Dispute Resolution by	28125
the Interstate Commission	28126

A Oversight and Enforcement

28127

(1) The interstate commission shall oversee the	28128
administration and operations of the interstate movement of	28129
juveniles subject to this compact in the compacting states and	28130
shall monitor such activities being administered in noncompacting	28131
states that may significantly affect compacting states.	28132

(2) The courts and executive agencies in each compacting	28133
state shall enforce this compact and shall take all actions	28134
necessary and appropriate to effectuate this compact's purposes	28135
and intent. The provisions of this compact and the rules	28136
promulgated under it shall be received by all the judges, public	28137
officers, commissions, and departments of the state government as	28138
evidence of the authorized statute and administrative rules. All	28139
courts shall take judicial notice of the compact and the rules. In	28140
any judicial or administrative proceeding in a compacting state	28141
pertaining to the subject matter of this compact that may affect	28142
the powers, responsibilities, or actions of the interstate	28143
commission, the interstate commission shall be entitled to receive	28144
all service of process in the proceeding and shall have standing	28145
to intervene in the proceeding for all purposes.	28146

Section B. Dispute Resolution

28147

(1) The compacting states shall report to the interstate	28148
commission on all issues and activities necessary for the	28149
administration of this compact and on all issues and activities	28150
pertaining to compliance with the provisions of this compact and	28151
the interstate commission's bylaws and rules.	28152

(2) The interstate commission, upon the request of a	28153
compacting state, shall attempt to resolve any disputes or other	28154
issues that are subject to this compact and that may arise among	28155
compacting states and between compacting and non-compacting	28156
states. The interstate commission shall promulgate a rule	28157
providing for both mediation and binding dispute resolution for	28158
disputes among the compacting states.	28159

(3) The interstate commission, in the reasonable exercise of	28160
its discretion, shall enforce the provisions and rules of this	28161
compact using any or all means set forth in Article XI of this	28162
compact.	28163

Article VIII -- Finance	28164

(A) The interstate commission shall pay or provide for the	28165
payment of the reasonable expenses of its establishment,	28166
organization, and ongoing activities.	28167

(B) The interstate commission shall levy on and collect an	28168
annual assessment from each compacting state to cover the cost of	28169
the internal operations and activities of the interstate	28170
commission and its staff. The annual assessment shall be in a	28171
total amount sufficient to cover the interstate commission's	28172
annual budget as approved each year. The aggregate annual	28173
assessment amount shall be allocated based upon a formula to be	28174
determined by the interstate commission, taking into consideration	28175
the population of each compacting state and the volume of	28176
interstate movement of juveniles in each compacting state. The	28177
interstate commission shall promulgate a rule binding upon all	28178
compacting states that governs the assessment.	28179

(C) The interstate commission shall not incur any obligations	28180
of any kind prior to securing the funds adequate to meet the	28181
obligations. The interstate commission shall not pledge the credit	28182
of any of the compacting states, except by and with the authority	28183
of the compacting state.	28184

(D) The interstate commission shall keep accurate accounts of	28185
all receipts and disbursements. The receipts and disbursements of	28186
the interstate commission shall be subject to the audit and	28187
accounting procedures established under its bylaws. However, all	28188
receipts and disbursements of funds handled by the interstate	28189
commission shall be audited yearly by a certified or licensed	28190
public accountant and the report of the audit shall be included in	28191
and become part of the annual report of the interstate commission.	28192

Article IX -- The State Council	28193

Each compacting state shall create a state council for	28194
interstate juvenile supervision. While each compacting state may	28195
determine the membership of its own state council, its membership	28196
must include at least one representative from the legislative,	28197
judicial, and executive branches of government, victims groups,	28198
and the compact administrator or designee. Each compacting state	28199
retains the right to determine the qualifications of the compact	28200
administrator for the state. Each state council shall advise and	28201
may exercise oversight and advocacy concerning that state's	28202
participation in interstate commission activities and other duties	28203
as may be determined by that state, including but not limited to,	28204
development of policy concerning operations and procedures of the	28205
compact within that state.	28206

Article X – Compacting States, Effective Date, and Amendment	28207

(A) Any state, as defined in Article II of this compact, is	28208
eligible to become a compacting state.	28209

(B) This compact shall become effective and binding upon	28210
legislative enactment of the compact into law by no less than	28211
thirty-five of the states. The initial effective date shall be the	28212
later of July 1, 2004, or upon enactment into law by the	28213
thirty-fifth jurisdiction. Thereafter, this compact shall become	28214
effective and binding as to any other compacting state upon	28215
enactment of this compact into law by that state. The governors of	28216
non-compacting states or their designees shall be invited to	28217
participate in the activities of the interstate commission on a	28218
non-voting basis prior to adoption of this compact by all states.	28219

(C) The interstate commission may propose amendments to this	28220
compact for enactment by the compacting states. No amendment shall	28221
become effective and binding upon the interstate commission and	28222
the compacting states unless and until it is enacted into law by	28223
unanimous consent of the compacting states.	28224

Article XI – Withdrawal, Default, Termination, and Judicial	28225
Enforcement	28226

Section A. Withdrawal

28227

(1) Once effective, this compact shall continue in force and	28228
remain binding upon each and every compacting state, provided that	28229
a compacting state may withdraw from this compact by specifically	28230
repealing the statute that enacted this compact into law.	28231

(2) The effective date of withdrawal of a compacting state is	28232
the effective date of the state's repeal of the statute that	28233
enacted this compact into law.	28234

(3) A compacting state that withdraws from this compact shall	28235
immediately notify the chairperson of the interstate commission in	28236
writing upon the introduction of legislation repealing this	28237
compact in the withdrawing state. The interstate commission shall	28238
notify the other compacting states of the withdrawing state's	28239
intent to withdraw within sixty days of the interstate	28240
commission's receipt of the notice from the withdrawing state.	28241

(4) A compacting state that withdraws from this compact is	28242
responsible for all assessments, obligations, and liabilities	28243
incurred through the effective date of withdrawal, including any	28244
obligations, the performance of which extend beyond the effective	28245
date of withdrawal.	28246

(5) If a compacting state withdraws from this compact,	28247
reinstatement of the withdrawing state following withdrawal shall	28248
occur upon the withdrawing state reenacting this compact or upon	28249
such later date as determined by the interstate commission.	28250

Section B. Technical Assistance, Fines, Suspension,	28251
Termination, and Default	28252

(1) If the interstate commission determines that any	28253
compacting state has at any time defaulted in the performance of	28254
any of its obligations or responsibilities under this compact, or	28255
under the interstate commission's bylaws or duly promulgated	28256
rules, the interstate commission may impose one or more of the	28257
following penalties:	28258

(a) Remedial training and technical assistance as directed by	28259
the interstate commission;	28260

(b) Alternative dispute resolution;

28261

(c) Fines, fees, and costs in such amounts as are deemed to	28262
be reasonable as fixed by the interstate commission;	28263

(d) Suspension or termination of membership in this compact,	28264
provided that suspension or termination of membership shall be	28265
imposed only after all other reasonable means of securing	28266
compliance under the bylaws and rules have been exhausted and the	28267
interstate commission has therefore determined that the offending	28268
state is in default. Immediate notice of suspension shall be given	28269
by the interstate commission to the governor of the defaulting	28270
state, its chief justice or the chief judicial officer, the	28271
majority and minority leaders of its state legislature, and the	28272
state council for interstate juvenile supervision. The grounds for	28273
default include, but are not limited to, failure of a compacting	28274
state to perform such obligations or responsibilities imposed upon	28275
it by this compact, by the interstate commission's bylaws, or by	28276
its duly promulgated rules, and any other grounds designated in	28277
commission bylaws and rules. The interstate commission shall	28278
immediately notify the defaulting state in writing of the penalty	28279
imposed by the interstate commission and of the default pending a	28280
cure of the default. The interstate commission shall stipulate the	28281
conditions and the time period within which the defaulting state	28282
must cure its default. If the defaulting state fails to cure the	28283
default within the time period specified by the interstate	28284
commission, the defaulting state shall be terminated from this	28285
compact upon an affirmative vote of a majority of the compacting	28286
states and all rights, privileges, and benefits conferred by this	28287
compact shall be terminated from the effective date of	28288
termination.	28289

(2) Within sixty days of the effective date of termination of	28290
a defaulting compacting state, the interstate commission shall	28291
notify the defaulting state's governor, its chief justice or chief	28292
judicial officer, the majority and minority leaders of its state	28293
legislature, and the state council for interstate juvenile	28294
supervision of the termination.	28295

(3) A defaulting compacting state is responsible for all	28296
assessments, obligations, and liabilities incurred through the	28297
effective date of termination, including any obligations the	28298
performance of which extends beyond the effective date of	28299
termination.	28300

(4) The interstate commission shall not bear any costs	28301
relating to a defaulting compacting state unless otherwise	28302
mutually agreed upon in writing between the interstate commission	28303
and the defaulting state.	28304

(5) If a defaulting compacting state is terminated,	28305
reinstatement of the defaulting state following termination	28306
requires both a reenactment of the compact by the defaulting state	28307
and the approval of the interstate commission pursuant to its	28308
rules.	28309

Section C. Judicial Enforcement

28310

The interstate commission, by majority vote of the members,	28311
may initiate legal action against any compacting state to enforce	28312
compliance with the provisions of this compact, and the interstate	28313
commission's duly promulgated rules and bylaws. Any such action,	28314
if initiated, shall be initiated in the United States district	28315
court for the District of Columbia or, at the discretion of the	28316
interstate commission, in the federal district where the	28317
interstate commission has its offices. In the event judicial	28318
enforcement is necessary, the prevailing party shall be awarded	28319
all costs of the litigation including reasonable attorney's fees.	28320

D Dissolution of Compact

28321

(1) This compact dissolves effective upon the date of the	28322
withdrawal or default of the compacting state, which reduces	28323
membership in this compact to one compacting state.	28324

(2) Upon the dissolution of this compact, the compact becomes	28325
null and void and shall be of no further force or effect, the	28326
business and affairs of the interstate commission shall be	28327
concluded, and any surplus funds shall be distributed in	28328
accordance with the interstate commission's bylaws.	28329

Article XII – Severability and Construction

28330

(A) The provisions of this compact shall be severable, and if	28331
any phrase, clause, sentence, or provision is deemed	28332
unenforceable, the remaining provisions of the compact shall be	28333
enforceable.	28334

(B) The provisions of this compact shall be liberally	28335
construed to effectuate its purposes.	28336

Article XIII – Binding Effect of Compact and Other Laws	28337

Section A. Other Laws

28338

(1) Nothing in this compact prevents the enforcement of any	28339
other law of a compacting state that is not inconsistent with this	28340
compact.	28341

(2) All compacting states' laws, other than state	28342
constitutions and other interstate compacts, conflicting with this	28343
compact are superseded to the extent of the conflict.	28344

Section B. Binding Effect of the Compact

28345

(1) All lawful actions of the interstate commission,	28346
including all rules and bylaws promulgated by the interstate	28347
commission, are binding upon the compacting states.	28348

(2) All agreements between the interstate commission and the	28349
compacting states are binding in accordance with their terms.	28350

(3) Upon the request of a party to a conflict over the	28351
meaning or interpretation of interstate commission actions, and	28352
upon a majority vote of the compacting states, the interstate	28353
commission may issue advisory opinions regarding that meaning or	28354
interpretation.	28355

(4) In the event any provision of this compact exceeds the	28356
constitutional limits imposed on the legislature of any compacting	28357
state, the obligations, duties, powers, or jurisdiction sought to	28358
be conferred by that provision upon the interstate commission	28359
shall be ineffective and such obligations, duties, powers, or	28360
jurisdiction shall remain in the compacting state and shall be	28361
exercised by the agency of that state to which such obligations,	28362
duties, powers, or jurisdiction are delegated by law in effect at	28363
the time this compact becomes effective.	28364

Article XIV – Financial Reimbursement	28365

The state agency responsible for administering this compact	28366
shall have the legal authority to recoup fines, fees and costs	28367
imposed by the interstate commission as stated in Article XI,	28368
Section B, Subsection (1)(c) of this compact when the default in	28369
performance is the result of a decision made by an entity outside	28370
the jurisdiction of the agency administering this compact.	28371

Sec. 2151.57. (A) As used in sections 2151.57 to 2151.59 of	28372
the Revised Code:	28373

(1) "Interstate compact for juveniles" means the interstate	28374
compact for juveniles ratified, enacted into law, and entered into	28375
by this state pursuant to section 2151.56 of the Revised Code.	28376

(2) "Bylaws," "commissioner," "compact administrator," and	28377
"interstate commission for juveniles" have the same meanings as in	28378
section 2151.56 of the Revised Code.	28379

(B) The state council for interstate juvenile supervision is	28380
hereby established within the department of youth services. The	28381
council shall consist of the following members:	28382

(1) One member who is the compact administrator or the	28383
designee of the compact administrator;	28384

(2) One member of the house of representatives appointed by	28385
the speaker of the house of representatives;	28386

(3) One member of the senate appointed by the president of	28387
the senate;	28388

(4) One member who is a representative of the executive	28389
branch of state government, in addition to the member described in	28390
division (B)(1) of this section, appointed by the governor;	28391

(5) One member who is a representative of the judiciary, who	28392
shall be a juvenile court judge appointed by the chief justice of	28393
the supreme court;	28394

(6) One member who is a person who represents an organization	28395
that advocates for the rights of victims of crime or a delinquent	28396
act, appointed by the governor.	28397

(C) The state council for interstate juvenile supervision	28398
shall advise and may exercise oversight and advocacy concerning	28399
this state's participation in activities of the interstate	28400
commission for juveniles, shall develop policy for this state	28401
concerning operations and procedures of the interstate compact for	28402
juveniles within this state, and shall perform other duties	28403
assigned to state councils under that compact.	28404

Sec. 2151.58. (A) The governor shall appoint the director of	28405
youth services as the compact administrator for the interstate	28406
compact for juveniles.	28407

(B) The governor shall appoint the compact administrator or	28408
shall allow the compact administrator to appoint a designee to	28409
serve as the commissioner from this state on the interstate	28410
commission for juveniles.	28411

Sec. 2151.59. (A) The department of youth services is the	28412
state agency responsible for administering the interstate compact	28413
for juveniles in this state.	28414

(B) The department of youth services shall pay all of the	28415
following:	28416

(1) The annual assessment charged to this state for	28417
participating in the interstate compact for juveniles;	28418

(2) All fines, fees, or costs assessed against this state by	28419
the interstate commission for juveniles for any default in the	28420
performance of this state's obligations or responsibilities under	28421
the compact, the bylaws, or rules duly promulgated under the	28422
compact.	28423

Sec. 2152.26. (A) Except as provided in divisions (B) and	28424
(F) of this section, a child alleged to be or adjudicated a	28425
delinquent child or a juvenile traffic offender may be held only	28426
in the following places:	28427

(1) A certified foster home or a home approved by the court;

28428

(2) A facility operated by a certified child welfare agency;

28429

(3) Any other suitable place designated by the court.

28430

(B) In addition to the places listed in division (A) of this	28431
section, a child alleged to be or adjudicated a delinquent child	28432
may be held in a detention facility for delinquent children that	28433
is under the direction or supervision of the court or other public	28434
authority or of a private agency and approved by the court and a	28435
child adjudicated a delinquent child may be held in accordance	28436
with division (F)(2) of this section in a facility of a type	28437
specified in that division. Division (B) of this section does not	28438
apply to a child alleged to be or adjudicated a delinquent child	28439
for chronic truancy, unless the child violated a lawful court	28440
order made pursuant to division (A)(6) of section 2152.19 of the	28441
Revised Code. Division (B) of this section also does not apply to	28442
a child alleged to be or adjudicated a delinquent child for being	28443
an habitual truant who previously has been adjudicated an unruly	28444
child for being an habitual truant, unless the child violated a	28445
lawful court order made pursuant to division (C)(1)(e) of section	28446
2151.354 of the Revised Code.	28447

(C)(1) Except as provided under division (C)(1) of section	28448
2151.311 of the Revised Code or division (A)(5) of section 2152.21	28449
of the Revised Code, a child alleged to be or adjudicated a	28450
juvenile traffic offender may not be held in any of the following	28451
facilities:	28452

(a) A state correctional institution, county, multicounty, or	28453
municipal jail or workhouse, or other place in which an adult	28454
convicted of crime, under arrest, or charged with a crime is held.	28455

(b) A secure correctional facility.

28456

(2) Except as provided under this section, sections 2151.56	28457
to ~~2151.61~~2151.59, and divisions (A)(5) and (6) of section	28458
2152.21 of the Revised Code, a child alleged to be or adjudicated	28459
a juvenile traffic offender may not be held for more than	28460
twenty-four hours in a detention facility.	28461

(D) Except as provided in division (F) of this section or in	28462
division (C) of section 2151.311, in division (C)(2) of section	28463
5139.06 and section 5120.162, or in division (B) of section	28464
5120.16 of the Revised Code, a child who is alleged to be or is	28465
adjudicated a delinquent child may not be held in a state	28466
correctional institution, county, multicounty, or municipal jail	28467
or workhouse, or other place where an adult convicted of crime,	28468
under arrest, or charged with crime is held.	28469

(E) Unless the detention is pursuant to division (F) of this	28470
section or division (C) of section 2151.311, division (C)(2) of	28471
section 5139.06 and section 5120.162, or division (B) of section	28472
5120.16 of the Revised Code, the official in charge of the	28473
institution, jail, workhouse, or other facility shall inform the	28474
court immediately when a child, who is or appears to be under the	28475
age of eighteen years, is received at the facility, and shall	28476
deliver the child to the court upon request or transfer the child	28477
to a detention facility designated by the court.	28478

(F)(1) If a case is transferred to another court for criminal	28479
prosecution pursuant to section 2152.12 of the Revised Code, the	28480
child may be transferred for detention pending the criminal	28481
prosecution in a jail or other facility in accordance with the law	28482
governing the detention of persons charged with crime. Any child	28483
so held shall be confined in a manner that keeps the child beyond	28484
the range of touch of all adult detainees. The child shall be	28485
supervised at all times during the detention.	28486

(2) If a person is adjudicated a delinquent child or juvenile	28487
traffic offender and the court makes a disposition of the person	28488
under this chapter, at any time after the person attains eighteen	28489
years of age, the person may be held under that disposition in	28490
places other than those specified in division (A) of this section,	28491
including, but not limited to, a county, multicounty, or municipal	28492
jail or workhouse, or other place where an adult convicted of	28493
crime, under arrest, or charged with crime is held.	28494

(3)(a) A person alleged to be a delinquent child may be held	28495
in places other than those specified in division (A) of this	28496
section, including, but not limited to, a county, multicounty, or	28497
municipal jail, if the delinquent act that the child allegedly	28498
committed would be a felony if committed by an adult, and if	28499
either of the following applies:	28500

(i) The person attains eighteen years of age before the	28501
person is arrested or apprehended for that act.	28502

(ii) The person is arrested or apprehended for that act	28503
before the person attains eighteen years of age, but the person	28504
attains eighteen years of age before the court orders a	28505
disposition in the case.	28506

(b) If, pursuant to division (F)(3)(a) of this section, a	28507
person is held in a place other than a place specified in division	28508
(A) of this section, the person has the same rights to bail as an	28509
adult charged with the same offense who is confined in a jail	28510
pending trial.	28511

Sec. 2152.72. (A) This section applies only to a child who	28512
is or previously has been adjudicated a delinquent child for an	28513
act to which any of the following applies:	28514

(1) The act is a violation of section 2903.01, 2903.02,	28515
2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2907.02, 2907.03, or	28516
2907.05 of the Revised Code.	28517

(2) The act is a violation of section 2923.01 of the Revised	28518
Code and involved an attempt to commit aggravated murder or	28519
murder.	28520

(3) The act would be a felony if committed by an adult, and	28521
the court determined that the child, if an adult, would be guilty	28522
of a specification found in section 2941.141, 2941.144, or	28523
2941.145 of the Revised Code or in another section of the Revised	28524
Code that relates to the possession or use of a firearm during the	28525
commission of the act for which the child was adjudicated a	28526
delinquent child.	28527

(4) The act would be an offense of violence that is a felony	28528
if committed by an adult, and the court determined that the child,	28529
if an adult, would be guilty of a specification found in section	28530
2941.1411 of the Revised Code or in another section of the Revised	28531
Code that relates to the wearing or carrying of body armor during	28532
the commission of the act for which the child was adjudicated a	28533
delinquent child.	28534

(B)(1) Except as provided in division (E) of this section, a	28535
public children services agency, private child placing agency,	28536
private noncustodial agency, or court, the department of youth	28537
services, or another private or government entity shall not place	28538
a child in a certified foster home or for adoption until it	28539
provides the foster caregivers or prospective adoptive parents	28540
with all of the following:	28541

(a) A written report describing the child's social history;

28542

(b) A written report describing all the acts committed by the	28543
child the entity knows of that resulted in the child being	28544
adjudicated a delinquent child and the disposition made by the	28545
court, unless the records pertaining to the acts have been sealed	28546
pursuant to section 2151.356 of the Revised Code;	28547

(c) A written report describing any other violent act	28548
committed by the child of which the entity is aware;	28549

(d) The substantial and material conclusions and	28550
recommendations of any psychiatric or psychological examination	28551
conducted on the child or, if no psychological or psychiatric	28552
examination of the child is available, the substantial and	28553
material conclusions and recommendations of an examination to	28554
detect mental and emotional disorders conducted in compliance with	28555
the requirements of Chapter 4757. of the Revised Code by an	28556
independent social worker, social worker, professional clinical	28557
counselor, or professional counselor licensed under that chapter.	28558
The entity shall not provide any part of a psychological,	28559
psychiatric, or mental and emotional disorder examination to the	28560
foster caregivers or prospective adoptive parents other than the	28561
substantial and material conclusions.	28562

(2) Notwithstanding sections 2151.356 to 2151.358 of the	28563
Revised Code, if records of an adjudication that a child is a	28564
delinquent child have been sealed pursuant to those sections and	28565
an entity knows the records have been sealed, the entity shall	28566
provide the foster caregivers or prospective adoptive parents a	28567
written statement that the records of a prior adjudication have	28568
been sealed.	28569

(C)(1) The entity that places the child in a certified foster	28570
home or for adoption shall conduct a psychological examination of	28571
the child unless either of the following applies:	28572

(a) An entity is not required to conduct the examination if	28573
an examination was conducted no more than one year prior to the	28574
child's placement, and division (C)(1)(b) of this section does not	28575
apply.	28576

(b) An entity is not required to conduct the examination if a	28577
foster caregiver seeks to adopt the foster caregiver's foster	28578
child, and an examination was conducted no more than two years	28579
prior to the date the foster caregiver seeks to adopt the child.	28580

(2) No later than sixty days after placing the child, the	28581
entity shall provide the foster caregiver or prospective adoptive	28582
parents a written report detailing the substantial and material	28583
conclusions and recommendations of the examination conducted	28584
pursuant to this division.	28585

(D)(1) Except as provided in divisions (D)(2) and (3) of this	28586
section, the expenses of conducting the examinations and preparing	28587
the reports and assessment required by division (B) or (C) of this	28588
section shall be paid by the entity that places the child in the	28589
certified foster home or for adoption.	28590

(2) When a juvenile court grants temporary or permanent	28591
custody of a child pursuant to any section of the Revised Code,	28592
including section 2151.33, 2151.353, 2151.354, or 2152.19 of the	28593
Revised Code, to a public children services agency or private	28594
child placing agency, the court shall provide the agency the	28595
information described in division (B) of this section, pay the	28596
expenses of preparing that information, and, if a new examination	28597
is required to be conducted, pay the expenses of conducting the	28598
examination described in division (C) of this section. On receipt	28599
of the information described in division (B) of this section, the	28600
agency shall provide to the court written acknowledgment that the	28601
agency received the information. The court shall keep the	28602
acknowledgment and provide a copy to the agency. On the motion of	28603
the agency, the court may terminate the order granting temporary	28604
or permanent custody of the child to that agency, if the court	28605
does not provide the information described in division (B) of this	28606
section.	28607

(3) If one of the following entities is placing a child in a	28608
certified foster home or for adoption with the assistance of or by	28609
contracting with a public children services agency, private child	28610
placing agency, or a private noncustodial agency, the entity shall	28611
provide the agency with the information described in division (B)	28612
of this section, pay the expenses of preparing that information,	28613
and, if a new examination is required to be conducted, pay the	28614
expenses of conducting the examination described in division (C)	28615
of this section:	28616

(a) The department of youth services if the placement is	28617
pursuant to any section of the Revised Code including section	28618
2152.22, 5139.06, 5139.07, 5139.38, or 5139.39 of the Revised	28619
Code;	28620

(b) A juvenile court with temporary or permanent custody of a	28621
child pursuant to section 2151.354 or 2152.19 of the Revised Code;	28622

(c) A public children services agency or private child	28623
placing agency with temporary or permanent custody of the child.	28624

The agency receiving the information described in division	28625
(B) of this section shall provide the entity described in division	28626
(D)(3)(a) to (c) of this section that sent the information written	28627
acknowledgment that the agency received the information and	28628
provided it to the foster caregivers or prospective adoptive	28629
parents. The entity shall keep the acknowledgment and provide a	28630
copy to the agency. An entity that places a child in a certified	28631
foster home or for adoption with the assistance of or by	28632
contracting with an agency remains responsible to provide the	28633
information described in division (B) of this section to the	28634
foster caregivers or prospective adoptive parents unless the	28635
entity receives written acknowledgment that the agency provided	28636
the information.	28637

(E) If a child is placed in a certified foster home as a	28638
result of an emergency removal of the child from home pursuant to	28639
division (D) of section 2151.31 of the Revised Code, an emergency	28640
change in the child's case plan pursuant to division ~~(E)~~(F)(3) of	28641
section 2151.412 of the Revised Code, or an emergency placement by	28642
the department of youth services pursuant to this chapter or	28643
Chapter 5139. of the Revised Code, the entity that places the	28644
child in the certified foster home shall provide the information	28645
described in division (B) of this section no later than ninety-six	28646
hours after the child is placed in the certified foster home.	28647

(F) On receipt of the information described in divisions (B)	28648
and (C) of this section, the foster caregiver or prospective	28649
adoptive parents shall provide to the entity that places the child	28650
in the foster caregiver's or prospective adoptive parents' home a	28651
written acknowledgment that the foster caregiver or prospective	28652
adoptive parents received the information. The entity shall keep	28653
the acknowledgment and provide a copy to the foster caregiver or	28654
prospective adoptive parents.	28655

(G) No person employed by an entity subject to this section	28656
and made responsible by that entity for the child's placement in a	28657
certified foster home or for adoption shall fail to provide the	28658
foster caregivers or prospective adoptive parents with the	28659
information required by divisions (B) and (C) of this section.	28660

(H) It is not a violation of any duty of confidentiality	28661
provided for in the Revised Code or a code of professional	28662
responsibility for a person or government entity to provide the	28663
substantial and material conclusions and recommendations of a	28664
psychiatric or psychological examination, or an examination to	28665
detect mental and emotional disorders, in accordance with division	28666
(B)(1)(d) or (C) of this section.	28667

(I) As used in this section:

28668

(1) "Body armor" has the same meaning as in section 2941.1411	28669
of the Revised Code.	28670

(2) "Firearm" has the same meaning as in section 2923.11 of	28671
the Revised Code.	28672

Sec. 2301.03. (A) In Franklin county, the judges of the	28673
court of common pleas whose terms begin on January 1, 1953,	28674
January 2, 1953, January 5, 1969, January 5, 1977, and January 2,	28675
1997, and successors, shall have the same qualifications, exercise	28676
the same powers and jurisdiction, and receive the same	28677
compensation as other judges of the court of common pleas of	28678
Franklin county and shall be elected and designated as judges of	28679
the court of common pleas, division of domestic relations. They	28680
shall have all the powers relating to juvenile courts, and all	28681
cases under Chapters 2151. and 2152. of the Revised Code, all	28682
parentage proceedings under Chapter 3111. of the Revised Code over	28683
which the juvenile court has jurisdiction, and all divorce,	28684
dissolution of marriage, legal separation, and annulment cases	28685
shall be assigned to them. In addition to the judge's regular	28686
duties, the judge who is senior in point of service shall serve on	28687
the children services board and the county advisory board and	28688
shall be the administrator of the domestic relations division and	28689
its subdivisions and departments.	28690

(B) In Hamilton county:

28691

(1) The judge of the court of common pleas, whose term begins	28692
on January 1, 1957, and successors, and the judge of the court of	28693
common pleas, whose term begins on February 14, 1967, and	28694
successors, shall be the juvenile judges as provided in Chapters	28695
2151. and 2152. of the Revised Code, with the powers and	28696
jurisdiction conferred by those chapters.	28697

(2) The judges of the court of common pleas whose terms begin	28698
on January 5, 1957, January 16, 1981, and July 1, 1991, and	28699
successors, shall be elected and designated as judges of the court	28700
of common pleas, division of domestic relations, and shall have	28701
assigned to them all divorce, dissolution of marriage, legal	28702
separation, and annulment cases coming before the court. On or	28703
after the first day of July and before the first day of August of	28704
1991 and each year thereafter, a majority of the judges of the	28705
division of domestic relations shall elect one of the judges of	28706
the division as administrative judge of that division. If a	28707
majority of the judges of the division of domestic relations are	28708
unable for any reason to elect an administrative judge for the	28709
division before the first day of August, a majority of the judges	28710
of the Hamilton county court of common pleas, as soon as possible	28711
after that date, shall elect one of the judges of the division of	28712
domestic relations as administrative judge of that division. The	28713
term of the administrative judge shall begin on the earlier of the	28714
first day of August of the year in which the administrative judge	28715
is elected or the date on which the administrative judge is	28716
elected by a majority of the judges of the Hamilton county court	28717
of common pleas and shall terminate on the date on which the	28718
administrative judge's successor is elected in the following year.	28719

In addition to the judge's regular duties, the administrative	28720
judge of the division of domestic relations shall be the	28721
administrator of the domestic relations division and its	28722
subdivisions and departments and shall have charge of the	28723
employment, assignment, and supervision of the personnel of the	28724
division engaged in handling, servicing, or investigating divorce,	28725
dissolution of marriage, legal separation, and annulment cases,	28726
including any referees considered necessary by the judges in the	28727
discharge of their various duties.	28728

The administrative judge of the division of domestic	28729
relations also shall designate the title, compensation, expense	28730
allowances, hours, leaves of absence, and vacations of the	28731
personnel of the division, and shall fix the duties of its	28732
personnel. The duties of the personnel, in addition to those	28733
provided for in other sections of the Revised Code, shall include	28734
the handling, servicing, and investigation of divorce, dissolution	28735
of marriage, legal separation, and annulment cases and counseling	28736
and conciliation services that may be made available to persons	28737
requesting them, whether or not the persons are parties to an	28738
action pending in the division.	28739

The board of county commissioners shall appropriate the sum	28740
of money each year as will meet all the administrative expenses of	28741
the division of domestic relations, including reasonable expenses	28742
of the domestic relations judges and the division counselors and	28743
other employees designated to conduct the handling, servicing, and	28744
investigation of divorce, dissolution of marriage, legal	28745
separation, and annulment cases, conciliation and counseling, and	28746
all matters relating to those cases and counseling, and the	28747
expenses involved in the attendance of division personnel at	28748
domestic relations and welfare conferences designated by the	28749
division, and the further sum each year as will provide for the	28750
adequate operation of the division of domestic relations.	28751

The compensation and expenses of all employees and the salary	28752
and expenses of the judges shall be paid by the county treasurer	28753
from the money appropriated for the operation of the division,	28754
upon the warrant of the county auditor, certified to by the	28755
administrative judge of the division of domestic relations.	28756

The summonses, warrants, citations, subpoenas, and other	28757
writs of the division may issue to a bailiff, constable, or staff	28758
investigator of the division or to the sheriff of any county or	28759
any marshal, constable, or police officer, and the provisions of	28760
law relating to the subpoenaing of witnesses in other cases shall	28761
apply insofar as they are applicable. When a summons, warrant,	28762
citation, subpoena, or other writ is issued to an officer, other	28763
than a bailiff, constable, or staff investigator of the division,	28764
the expense of serving it shall be assessed as a part of the costs	28765
in the case involved.	28766

(3) The judge of the court of common pleas of Hamilton county	28767
whose term begins on January 3, 1997, and the successors to that	28768
judge shall each be elected and designated as the drug court judge	28769
of the court of common pleas of Hamilton county. The drug court	28770
judge may accept or reject any case referred to the drug court	28771
judge under division (B)(3) of this section. After the drug court	28772
judge accepts a referred case, the drug court judge has full	28773
authority over the case, including the authority to conduct	28774
arraignment, accept pleas, enter findings and dispositions,	28775
conduct trials, order treatment, and if treatment is not	28776
successfully completed pronounce and enter sentence.	28777

A judge of the general division of the court of common pleas	28778
of Hamilton county and a judge of the Hamilton county municipal	28779
court may refer to the drug court judge any case, and any	28780
companion cases, the judge determines meet the criteria described	28781
under divisions (B)(3)(a) and (b) of this section. If the drug	28782
court judge accepts referral of a referred case, the case, and any	28783
companion cases, shall be transferred to the drug court judge. A	28784
judge may refer a case meeting the criteria described in divisions	28785
(B)(3)(a) and (b) of this section that involves a violation of a	28786
condition of a community control sanction to the drug court judge,	28787
and, if the drug court judge accepts the referral, the referring	28788
judge and the drug court judge have concurrent jurisdiction over	28789
the case.	28790

A judge of the general division of the court of common pleas	28791
of Hamilton county and a judge of the Hamilton county municipal	28792
court may refer a case to the drug court judge under division	28793
(B)(3) of this section if the judge determines that both of the	28794
following apply:	28795

(a) One of the following applies:

28796

(i) The case involves a drug abuse offense, as defined in	28797
section 2925.01 of the Revised Code, that is a felony of the third	28798
or fourth degree if the offense is committed prior to July 1,	28799
1996, a felony of the third, fourth, or fifth degree if the	28800
offense is committed on or after July 1, 1996, or a misdemeanor.	28801

(ii) The case involves a theft offense, as defined in section	28802
2913.01 of the Revised Code, that is a felony of the third or	28803
fourth degree if the offense is committed prior to July 1, 1996, a	28804
felony of the third, fourth, or fifth degree if the offense is	28805
committed on or after July 1, 1996, or a misdemeanor, and the	28806
defendant is drug or alcohol dependent or in danger of becoming	28807
drug or alcohol dependent and would benefit from treatment.	28808

(b) All of the following apply:

28809

(i) The case involves an offense for which a community	28810
control sanction may be imposed or is a case in which a mandatory	28811
prison term or a mandatory jail term is not required to be	28812
imposed.	28813

(ii) The defendant has no history of violent behavior.

28814

(iii) The defendant has no history of mental illness.

28815

(iv) The defendant's current or past behavior, or both, is	28816
drug or alcohol driven.	28817

(v) The defendant demonstrates a sincere willingness to	28818
participate in a fifteen-month treatment process.	28819

(vi) The defendant has no acute health condition.

28820

(vii) If the defendant is incarcerated, the county prosecutor	28821
approves of the referral.	28822

(4) If the administrative judge of the court of common pleas	28823
of Hamilton county determines that the volume of cases pending	28824
before the drug court judge does not constitute a sufficient	28825
caseload for the drug court judge, the administrative judge, in	28826
accordance with the Rules of Superintendence for Courts of Common	28827
Pleas, shall assign individual cases to the drug court judge from	28828
the general docket of the court. If the assignments so occur, the	28829
administrative judge shall cease the assignments when the	28830
administrative judge determines that the volume of cases pending	28831
before the drug court judge constitutes a sufficient caseload for	28832
the drug court judge.	28833

(5) As used in division (B) of this section, "community	28834
control sanction," "mandatory prison term," and "mandatory jail	28835
term" have the same meanings as in section 2929.01 of the Revised	28836
Code.	28837

(C)(1) In Lorain county:

28838

(a) The judges of the court of common pleas whose terms begin	28839
on January 3, 1959, January 4, 1989, and January 2, 1999, and	28840
successors, and the judge of the court of common pleas whose term	28841
begins on February 9, 2009, shall have the same qualifications,	28842
exercise the same powers and jurisdiction, and receive the same	28843
compensation as the other judges of the court of common pleas of	28844
Lorain county and shall be elected and designated as the judges of	28845
the court of common pleas, division of domestic relations. The	28846
judges of the court of common pleas whose terms begin on January	28847
3, 1959, January 4, 1989, and January 2, 1999, and successors,	28848
shall have all of the powers relating to juvenile courts, and all	28849
cases under Chapters 2151. and 2152. of the Revised Code, all	28850
parentage proceedings over which the juvenile court has	28851
jurisdiction, and all divorce, dissolution of marriage, legal	28852
separation, and annulment cases shall be assigned to them, except	28853
cases that for some special reason are assigned to some other	28854
judge of the court of common pleas. From February 9, 2009, through	28855
September 28, 2009, the judge of the court of common pleas whose	28856
term begins on February 9, 2009, shall have all the powers	28857
relating to juvenile courts, and cases under Chapters 2151. and	28858
2152. of the Revised Code, parentage proceedings over which the	28859
juvenile court has jurisdiction, and divorce, dissolution of	28860
marriage, legal separation, and annulment cases shall be assigned	28861
to that judge, except cases that for some special reason are	28862
assigned to some other judge of the court of common pleas.	28863

(b) From January 1, 2006, through September 28, 2009, the	28864
judges of the court of common pleas, division of domestic	28865
relations, in addition to the powers and jurisdiction set forth in	28866
division (C)(1)(a) of this section, shall have jurisdiction over	28867
matters that are within the jurisdiction of the probate court	28868
under Chapter 2101. and other provisions of the Revised Code.	28869

(c) The judge of the court of common pleas, division of	28870
domestic relations, whose term begins on February 9, 2009, is the	28871
successor to the probate judge who was elected in 2002 for a term	28872
that began on February 9, 2003. After September 28, 2009, the	28873
judge of the court of common pleas, division of domestic	28874
relations, whose term begins on February 9, 2009, shall be the	28875
probate judge.	28876

(2)(a) From February 9, 2009, through September 28, 2009,	28877
with respect to Lorain county, all references in law to the	28878
probate court shall be construed as references to the court of	28879
common pleas, division of domestic relations, and all references	28880
to the probate judge shall be construed as references to the	28881
judges of the court of common pleas, division of domestic	28882
relations.	28883

(b) From February 9, 2009, through September 28, 2009, with	28884
respect to Lorain county, all references in law to the clerk of	28885
the probate court shall be construed as references to the judge	28886
who is serving pursuant to Rule 4 of the Rules of Superintendence	28887
for the Courts of Ohio as the administrative judge of the court of	28888
common pleas, division of domestic relations.	28889

(D) In Lucas county:

28890

(1) The judges of the court of common pleas whose terms begin	28891
on January 1, 1955, and January 3, 1965, and successors, shall	28892
have the same qualifications, exercise the same powers and	28893
jurisdiction, and receive the same compensation as other judges of	28894
the court of common pleas of Lucas county and shall be elected and	28895
designated as judges of the court of common pleas, division of	28896
domestic relations. All divorce, dissolution of marriage, legal	28897
separation, and annulment cases shall be assigned to them.	28898

The judge of the division of domestic relations, senior in	28899
point of service, shall be considered as the presiding judge of	28900
the court of common pleas, division of domestic relations, and	28901
shall be charged exclusively with the assignment and division of	28902
the work of the division and the employment and supervision of all	28903
other personnel of the domestic relations division.	28904

(2) The judges of the court of common pleas whose terms begin	28905
on January 5, 1977, and January 2, 1991, and successors shall have	28906
the same qualifications, exercise the same powers and	28907
jurisdiction, and receive the same compensation as other judges of	28908
the court of common pleas of Lucas county, shall be elected and	28909
designated as judges of the court of common pleas, juvenile	28910
division, and shall be the juvenile judges as provided in Chapters	28911
2151. and 2152. of the Revised Code with the powers and	28912
jurisdictions conferred by those chapters. In addition to the	28913
judge's regular duties, the judge of the court of common pleas,	28914
juvenile division, senior in point of service, shall be the	28915
administrator of the juvenile division and its subdivisions and	28916
departments and shall have charge of the employment, assignment,	28917
and supervision of the personnel of the division engaged in	28918
handling, servicing, or investigating juvenile cases, including	28919
any referees considered necessary by the judges of the division in	28920
the discharge of their various duties.	28921

The judge of the court of common pleas, juvenile division,	28922
senior in point of service, also shall designate the title,	28923
compensation, expense allowance, hours, leaves of absence, and	28924
vacation of the personnel of the division and shall fix the duties	28925
of the personnel of the division. The duties of the personnel, in	28926
addition to other statutory duties include the handling,	28927
servicing, and investigation of juvenile cases and counseling and	28928
conciliation services that may be made available to persons	28929
requesting them, whether or not the persons are parties to an	28930
action pending in the division.	28931

(3) If one of the judges of the court of common pleas,	28932
division of domestic relations, or one of the judges of the	28933
juvenile division is sick, absent, or unable to perform that	28934
judge's judicial duties or the volume of cases pending in that	28935
judge's division necessitates it, the duties shall be performed by	28936
the judges of the other of those divisions.	28937

(E) In Mahoning county:

28938

(1) The judge of the court of common pleas whose term began	28939
on January 1, 1955, and successors, shall have the same	28940
qualifications, exercise the same powers and jurisdiction, and	28941
receive the same compensation as other judges of the court of	28942
common pleas of Mahoning county, shall be elected and designated	28943
as judge of the court of common pleas, division of domestic	28944
relations, and shall be assigned all the divorce, dissolution of	28945
marriage, legal separation, and annulment cases coming before the	28946
court. In addition to the judge's regular duties, the judge of the	28947
court of common pleas, division of domestic relations, shall be	28948
the administrator of the domestic relations division and its	28949
subdivisions and departments and shall have charge of the	28950
employment, assignment, and supervision of the personnel of the	28951
division engaged in handling, servicing, or investigating divorce,	28952
dissolution of marriage, legal separation, and annulment cases,	28953
including any referees considered necessary in the discharge of	28954
the various duties of the judge's office.	28955

The judge also shall designate the title, compensation,	28956
expense allowances, hours, leaves of absence, and vacations of the	28957
personnel of the division and shall fix the duties of the	28958
personnel of the division. The duties of the personnel, in	28959
addition to other statutory duties, include the handling,	28960
servicing, and investigation of divorce, dissolution of marriage,	28961
legal separation, and annulment cases and counseling and	28962
conciliation services that may be made available to persons	28963
requesting them, whether or not the persons are parties to an	28964
action pending in the division.	28965

(2) The judge of the court of common pleas whose term began	28966
on January 2, 1969, and successors, shall have the same	28967
qualifications, exercise the same powers and jurisdiction, and	28968
receive the same compensation as other judges of the court of	28969
common pleas of Mahoning county, shall be elected and designated	28970
as judge of the court of common pleas, juvenile division, and	28971
shall be the juvenile judge as provided in Chapters 2151. and	28972
2152. of the Revised Code, with the powers and jurisdictions	28973
conferred by those chapters. In addition to the judge's regular	28974
duties, the judge of the court of common pleas, juvenile division,	28975
shall be the administrator of the juvenile division and its	28976
subdivisions and departments and shall have charge of the	28977
employment, assignment, and supervision of the personnel of the	28978
division engaged in handling, servicing, or investigating juvenile	28979
cases, including any referees considered necessary by the judge in	28980
the discharge of the judge's various duties.	28981

The judge also shall designate the title, compensation,	28982
expense allowances, hours, leaves of absence, and vacation of the	28983
personnel of the division and shall fix the duties of the	28984
personnel of the division. The duties of the personnel, in	28985
addition to other statutory duties, include the handling,	28986
servicing, and investigation of juvenile cases and counseling and	28987
conciliation services that may be made available to persons	28988
requesting them, whether or not the persons are parties to an	28989
action pending in the division.	28990

(3) If a judge of the court of common pleas, division of	28991
domestic relations or juvenile division, is sick, absent, or	28992
unable to perform that judge's judicial duties, or the volume of	28993
cases pending in that judge's division necessitates it, that	28994
judge's duties shall be performed by another judge of the court of	28995
common pleas.	28996

(F) In Montgomery county:

28997

(1) The judges of the court of common pleas whose terms begin	28998
on January 2, 1953, and January 4, 1977, and successors, shall	28999
have the same qualifications, exercise the same powers and	29000
jurisdiction, and receive the same compensation as other judges of	29001
the court of common pleas of Montgomery county and shall be	29002
elected and designated as judges of the court of common pleas,	29003
division of domestic relations. These judges shall have assigned	29004
to them all divorce, dissolution of marriage, legal separation,	29005
and annulment cases.	29006

The judge of the division of domestic relations, senior in	29007
point of service, shall be charged exclusively with the assignment	29008
and division of the work of the division and shall have charge of	29009
the employment and supervision of the personnel of the division	29010
engaged in handling, servicing, or investigating divorce,	29011
dissolution of marriage, legal separation, and annulment cases,	29012
including any necessary referees, except those employees who may	29013
be appointed by the judge, junior in point of service, under this	29014
section and sections 2301.12,and 2301.18~~, and 2301.19~~ of the	29015
Revised Code. The judge of the division of domestic relations,	29016
senior in point of service, also shall designate the title,	29017
compensation, expense allowances, hours, leaves of absence, and	29018
vacation of the personnel of the division and shall fix their	29019
duties.	29020

(2) The judges of the court of common pleas whose terms begin	29021
on January 1, 1953, and January 1, 1993, and successors, shall	29022
have the same qualifications, exercise the same powers and	29023
jurisdiction, and receive the same compensation as other judges of	29024
the court of common pleas of Montgomery county, shall be elected	29025
and designated as judges of the court of common pleas, juvenile	29026
division, and shall be, and have the powers and jurisdiction of,	29027
the juvenile judge as provided in Chapters 2151. and 2152. of the	29028
Revised Code.	29029

In addition to the judge's regular duties, the judge of the	29030
court of common pleas, juvenile division, senior in point of	29031
service, shall be the administrator of the juvenile division and	29032
its subdivisions and departments and shall have charge of the	29033
employment, assignment, and supervision of the personnel of the	29034
juvenile division, including any necessary referees, who are	29035
engaged in handling, servicing, or investigating juvenile cases.	29036
The judge, senior in point of service, also shall designate the	29037
title, compensation, expense allowances, hours, leaves of absence,	29038
and vacation of the personnel of the division and shall fix their	29039
duties. The duties of the personnel, in addition to other	29040
statutory duties, shall include the handling, servicing, and	29041
investigation of juvenile cases and of any counseling and	29042
conciliation services that are available upon request to persons,	29043
whether or not they are parties to an action pending in the	29044
division.	29045

If one of the judges of the court of common pleas, division	29046
of domestic relations, or one of the judges of the court of common	29047
pleas, juvenile division, is sick, absent, or unable to perform	29048
that judge's duties or the volume of cases pending in that judge's	29049
division necessitates it, the duties of that judge may be	29050
performed by the judge or judges of the other of those divisions.	29051

(G) In Richland county:

29052

(1) The judge of the court of common pleas whose term begins	29053
on January 1, 1957, and successors, shall have the same	29054
qualifications, exercise the same powers and jurisdiction, and	29055
receive the same compensation as the other judges of the court of	29056
common pleas of Richland county and shall be elected and	29057
designated as judge of the court of common pleas, division of	29058
domestic relations. That judge shall be assigned and hear all	29059
divorce, dissolution of marriage, legal separation, and annulment	29060
cases, all domestic violence cases arising under section 3113.31	29061
of the Revised Code, and all post-decree proceedings arising from	29062
any case pertaining to any of those matters. The division of	29063
domestic relations has concurrent jurisdiction with the juvenile	29064
division of the court of common pleas of Richland county to	29065
determine the care, custody, or control of any child not a ward of	29066
another court of this state, and to hear and determine a request	29067
for an order for the support of any child if the request is not	29068
ancillary to an action for divorce, dissolution of marriage,	29069
annulment, or legal separation, a criminal or civil action	29070
involving an allegation of domestic violence, or an action for	29071
support brought under Chapter 3115. of the Revised Code. Except in	29072
cases that are subject to the exclusive original jurisdiction of	29073
the juvenile court, the judge of the division of domestic	29074
relations shall be assigned and hear all cases pertaining to	29075
paternity or parentage, the care, custody, or control of children,	29076
parenting time or visitation, child support, or the allocation of	29077
parental rights and responsibilities for the care of children, all	29078
proceedings arising under Chapter 3111. of the Revised Code, all	29079
proceedings arising under the uniform interstate family support	29080
act contained in Chapter 3115. of the Revised Code, and all	29081
post-decree proceedings arising from any case pertaining to any of	29082
those matters.	29083

In addition to the judge's regular duties, the judge of the	29084
court of common pleas, division of domestic relations, shall be	29085
the administrator of the domestic relations division and its	29086
subdivisions and departments. The judge shall have charge of the	29087
employment, assignment, and supervision of the personnel of the	29088
domestic relations division, including any magistrates the judge	29089
considers necessary for the discharge of the judge's duties. The	29090
judge shall also designate the title, compensation, expense	29091
allowances, hours, leaves of absence, vacation, and other	29092
employment-related matters of the personnel of the division and	29093
shall fix their duties.	29094

(2) The judge of the court of common pleas whose term begins	29095
on January 3, 2005, and successors, shall have the same	29096
qualifications, exercise the same powers and jurisdiction, and	29097
receive the same compensation as other judges of the court of	29098
common pleas of Richland county, shall be elected and designated	29099
as judge of the court of common pleas, juvenile division, and	29100
shall be, and have the powers and jurisdiction of, the juvenile	29101
judge as provided in Chapters 2151. and 2152. of the Revised Code.	29102
Except in cases that are subject to the exclusive original	29103
jurisdiction of the juvenile court, the judge of the juvenile	29104
division shall not have jurisdiction or the power to hear, and	29105
shall not be assigned, any case pertaining to paternity or	29106
parentage, the care, custody, or control of children, parenting	29107
time or visitation, child support, or the allocation of parental	29108
rights and responsibilities for the care of children or any	29109
post-decree proceeding arising from any case pertaining to any of	29110
those matters. The judge of the juvenile division shall not have	29111
jurisdiction or the power to hear, and shall not be assigned, any	29112
proceeding under the uniform interstate family support act	29113
contained in Chapter 3115. of the Revised Code.	29114

In addition to the judge's regular duties, the judge of the	29115
juvenile division shall be the administrator of the juvenile	29116
division and its subdivisions and departments. The judge shall	29117
have charge of the employment, assignment, and supervision of the	29118
personnel of the juvenile division who are engaged in handling,	29119
servicing, or investigating juvenile cases, including any	29120
magistrates whom the judge considers necessary for the discharge	29121
of the judge's various duties.	29122

The judge of the juvenile division also shall designate the	29123
title, compensation, expense allowances, hours, leaves of absence,	29124
and vacation of the personnel of the division and shall fix their	29125
duties. The duties of the personnel, in addition to other	29126
statutory duties, include the handling, servicing, and	29127
investigation of juvenile cases and providing any counseling,	29128
conciliation, and mediation services that the court makes	29129
available to persons, whether or not the persons are parties to an	29130
action pending in the court, who request the services.	29131

(H) In Stark county, the judges of the court of common pleas	29132
whose terms begin on January 1, 1953, January 2, 1959, and January	29133
1, 1993, and successors, shall have the same qualifications,	29134
exercise the same powers and jurisdiction, and receive the same	29135
compensation as other judges of the court of common pleas of Stark	29136
county and shall be elected and designated as judges of the court	29137
of common pleas, division of domestic relations. They shall have	29138
all the powers relating to juvenile courts, and all cases under	29139
Chapters 2151. and 2152. of the Revised Code, all parentage	29140
proceedings over which the juvenile court has jurisdiction, and	29141
all divorce, dissolution of marriage, legal separation, and	29142
annulment cases, except cases that are assigned to some other	29143
judge of the court of common pleas for some special reason, shall	29144
be assigned to the judges.	29145

The judge of the division of domestic relations, second most	29146
senior in point of service, shall have charge of the employment	29147
and supervision of the personnel of the division engaged in	29148
handling, servicing, or investigating divorce, dissolution of	29149
marriage, legal separation, and annulment cases, and necessary	29150
referees required for the judge's respective court.	29151

The judge of the division of domestic relations, senior in	29152
point of service, shall be charged exclusively with the	29153
administration of sections 2151.13, 2151.16, 2151.17, and 2152.71	29154
of the Revised Code and with the assignment and division of the	29155
work of the division and the employment and supervision of all	29156
other personnel of the division, including, but not limited to,	29157
that judge's necessary referees, but excepting those employees who	29158
may be appointed by the judge second most senior in point of	29159
service. The senior judge further shall serve in every other	29160
position in which the statutes permit or require a juvenile judge	29161
to serve.	29162

(I) In Summit county:

29163

(1) The judges of the court of common pleas whose terms begin	29164
on January 4, 1967, and January 6, 1993, and successors, shall	29165
have the same qualifications, exercise the same powers and	29166
jurisdiction, and receive the same compensation as other judges of	29167
the court of common pleas of Summit county and shall be elected	29168
and designated as judges of the court of common pleas, division of	29169
domestic relations. The judges of the division of domestic	29170
relations shall have assigned to them and hear all divorce,	29171
dissolution of marriage, legal separation, and annulment cases	29172
that come before the court. Except in cases that are subject to	29173
the exclusive original jurisdiction of the juvenile court, the	29174
judges of the division of domestic relations shall have assigned	29175
to them and hear all cases pertaining to paternity, custody,	29176
visitation, child support, or the allocation of parental rights	29177
and responsibilities for the care of children and all post-decree	29178
proceedings arising from any case pertaining to any of those	29179
matters. The judges of the division of domestic relations shall	29180
have assigned to them and hear all proceedings under the uniform	29181
interstate family support act contained in Chapter 3115. of the	29182
Revised Code.	29183

The judge of the division of domestic relations, senior in	29184
point of service, shall be the administrator of the domestic	29185
relations division and its subdivisions and departments and shall	29186
have charge of the employment, assignment, and supervision of the	29187
personnel of the division, including any necessary referees, who	29188
are engaged in handling, servicing, or investigating divorce,	29189
dissolution of marriage, legal separation, and annulment cases.	29190
That judge also shall designate the title, compensation, expense	29191
allowances, hours, leaves of absence, and vacations of the	29192
personnel of the division and shall fix their duties. The duties	29193
of the personnel, in addition to other statutory duties, shall	29194
include the handling, servicing, and investigation of divorce,	29195
dissolution of marriage, legal separation, and annulment cases and	29196
of any counseling and conciliation services that are available	29197
upon request to all persons, whether or not they are parties to an	29198
action pending in the division.	29199

(2) The judge of the court of common pleas whose term begins	29200
on January 1, 1955, and successors, shall have the same	29201
qualifications, exercise the same powers and jurisdiction, and	29202
receive the same compensation as other judges of the court of	29203
common pleas of Summit county, shall be elected and designated as	29204
judge of the court of common pleas, juvenile division, and shall	29205
be, and have the powers and jurisdiction of, the juvenile judge as	29206
provided in Chapters 2151. and 2152. of the Revised Code. Except	29207
in cases that are subject to the exclusive original jurisdiction	29208
of the juvenile court, the judge of the juvenile division shall	29209
not have jurisdiction or the power to hear, and shall not be	29210
assigned, any case pertaining to paternity, custody, visitation,	29211
child support, or the allocation of parental rights and	29212
responsibilities for the care of children or any post-decree	29213
proceeding arising from any case pertaining to any of those	29214
matters. The judge of the juvenile division shall not have	29215
jurisdiction or the power to hear, and shall not be assigned, any	29216
proceeding under the uniform interstate family support act	29217
contained in Chapter 3115. of the Revised Code.	29218

The juvenile judge shall be the administrator of the juvenile	29219
division and its subdivisions and departments and shall have	29220
charge of the employment, assignment, and supervision of the	29221
personnel of the juvenile division, including any necessary	29222
referees, who are engaged in handling, servicing, or investigating	29223
juvenile cases. The judge also shall designate the title,	29224
compensation, expense allowances, hours, leaves of absence, and	29225
vacation of the personnel of the division and shall fix their	29226
duties. The duties of the personnel, in addition to other	29227
statutory duties, shall include the handling, servicing, and	29228
investigation of juvenile cases and of any counseling and	29229
conciliation services that are available upon request to persons,	29230
whether or not they are parties to an action pending in the	29231
division.	29232

(J) In Trumbull county, the judges of the court of common	29233
pleas whose terms begin on January 1, 1953, and January 2, 1977,	29234
and successors, shall have the same qualifications, exercise the	29235
same powers and jurisdiction, and receive the same compensation as	29236
other judges of the court of common pleas of Trumbull county and	29237
shall be elected and designated as judges of the court of common	29238
pleas, division of domestic relations. They shall have all the	29239
powers relating to juvenile courts, and all cases under Chapters	29240
2151. and 2152. of the Revised Code, all parentage proceedings	29241
over which the juvenile court has jurisdiction, and all divorce,	29242
dissolution of marriage, legal separation, and annulment cases	29243
shall be assigned to them, except cases that for some special	29244
reason are assigned to some other judge of the court of common	29245
pleas.	29246

(K) In Butler county:

29247

(1) The judges of the court of common pleas whose terms begin	29248
on January 1, 1957, and January 4, 1993, and successors, shall	29249
have the same qualifications, exercise the same powers and	29250
jurisdiction, and receive the same compensation as other judges of	29251
the court of common pleas of Butler county and shall be elected	29252
and designated as judges of the court of common pleas, division of	29253
domestic relations. The judges of the division of domestic	29254
relations shall have assigned to them all divorce, dissolution of	29255
marriage, legal separation, and annulment cases coming before the	29256
court, except in cases that for some special reason are assigned	29257
to some other judge of the court of common pleas. The judges of	29258
the division of domestic relations also have concurrent	29259
jurisdiction with judges of the juvenile division of the court of	29260
common pleas of Butler county with respect to and may hear cases	29261
to determine the custody, support, or custody and support of a	29262
child who is born of issue of a marriage and who is not the ward	29263
of another court of this state, cases commenced by a party of the	29264
marriage to obtain an order requiring support of any child when	29265
the request for that order is not ancillary to an action for	29266
divorce, dissolution of marriage, annulment, or legal separation,	29267
a criminal or civil action involving an allegation of domestic	29268
violence, an action for support under Chapter 3115. of the Revised	29269
Code, or an action that is within the exclusive original	29270
jurisdiction of the juvenile division of the court of common pleas	29271
of Butler county and that involves an allegation that the child is	29272
an abused, neglected, or dependent child, and post-decree	29273
proceedings and matters arising from those types of cases. The	29274
judge senior in point of service shall be charged with the	29275
assignment and division of the work of the division and with the	29276
employment and supervision of all other personnel of the domestic	29277
relations division.	29278

The judge senior in point of service also shall designate the	29279
title, compensation, expense allowances, hours, leaves of absence,	29280
and vacations of the personnel of the division and shall fix their	29281
duties. The duties of the personnel, in addition to other	29282
statutory duties, shall include the handling, servicing, and	29283
investigation of divorce, dissolution of marriage, legal	29284
separation, and annulment cases and providing any counseling and	29285
conciliation services that the division makes available to	29286
persons, whether or not the persons are parties to an action	29287
pending in the division, who request the services.	29288

(2) The judges of the court of common pleas whose terms begin	29289
on January 3, 1987, and January 2, 2003, and successors, shall	29290
have the same qualifications, exercise the same powers and	29291
jurisdiction, and receive the same compensation as other judges of	29292
the court of common pleas of Butler county, shall be elected and	29293
designated as judges of the court of common pleas, juvenile	29294
division, and shall be the juvenile judges as provided in Chapters	29295
2151. and 2152. of the Revised Code, with the powers and	29296
jurisdictions conferred by those chapters. Except in cases that	29297
are subject to the exclusive original jurisdiction of the juvenile	29298
court, the judges of the juvenile division shall not have	29299
jurisdiction or the power to hear and shall not be assigned, but	29300
shall have the limited ability and authority to certify, any case	29301
commenced by a party of a marriage to determine the custody,	29302
support, or custody and support of a child who is born of issue of	29303
the marriage and who is not the ward of another court of this	29304
state when the request for the order in the case is not ancillary	29305
to an action for divorce, dissolution of marriage, annulment, or	29306
legal separation. The judge of the court of common pleas, juvenile	29307
division, who is senior in point of service, shall be the	29308
administrator of the juvenile division and its subdivisions and	29309
departments. The judge, senior in point of service, shall have	29310
charge of the employment, assignment, and supervision of the	29311
personnel of the juvenile division who are engaged in handling,	29312
servicing, or investigating juvenile cases, including any referees	29313
whom the judge considers necessary for the discharge of the	29314
judge's various duties.	29315

The judge, senior in point of service, also shall designate	29316
the title, compensation, expense allowances, hours, leaves of	29317
absence, and vacation of the personnel of the division and shall	29318
fix their duties. The duties of the personnel, in addition to	29319
other statutory duties, include the handling, servicing, and	29320
investigation of juvenile cases and providing any counseling and	29321
conciliation services that the division makes available to	29322
persons, whether or not the persons are parties to an action	29323
pending in the division, who request the services.	29324

(3) If a judge of the court of common pleas, division of	29325
domestic relations or juvenile division, is sick, absent, or	29326
unable to perform that judge's judicial duties or the volume of	29327
cases pending in the judge's division necessitates it, the duties	29328
of that judge shall be performed by the other judges of the	29329
domestic relations and juvenile divisions.	29330

(L)(1) In Cuyahoga county, the judges of the court of common	29331
pleas whose terms begin on January 8, 1961, January 9, 1961,	29332
January 18, 1975, January 19, 1975, and January 13, 1987, and	29333
successors, shall have the same qualifications, exercise the same	29334
powers and jurisdiction, and receive the same compensation as	29335
other judges of the court of common pleas of Cuyahoga county and	29336
shall be elected and designated as judges of the court of common	29337
pleas, division of domestic relations. They shall have all the	29338
powers relating to all divorce, dissolution of marriage, legal	29339
separation, and annulment cases, except in cases that are assigned	29340
to some other judge of the court of common pleas for some special	29341
reason.	29342

(2) The administrative judge is administrator of the domestic	29343
relations division and its subdivisions and departments and has	29344
the following powers concerning division personnel:	29345

(a) Full charge of the employment, assignment, and	29346
supervision;	29347

(b) Sole determination of compensation, duties, expenses,	29348
allowances, hours, leaves, and vacations.	29349

(3) "Division personnel" include persons employed or referees	29350
engaged in hearing, servicing, investigating, counseling, or	29351
conciliating divorce, dissolution of marriage, legal separation	29352
and annulment matters.	29353

(M) In Lake county:

29354

(1) The judge of the court of common pleas whose term begins	29355
on January 2, 1961, and successors, shall have the same	29356
qualifications, exercise the same powers and jurisdiction, and	29357
receive the same compensation as the other judges of the court of	29358
common pleas of Lake county and shall be elected and designated as	29359
judge of the court of common pleas, division of domestic	29360
relations. The judge shall be assigned all the divorce,	29361
dissolution of marriage, legal separation, and annulment cases	29362
coming before the court, except in cases that for some special	29363
reason are assigned to some other judge of the court of common	29364
pleas. The judge shall be charged with the assignment and division	29365
of the work of the division and with the employment and	29366
supervision of all other personnel of the domestic relations	29367
division.	29368

The judge also shall designate the title, compensation,	29369
expense allowances, hours, leaves of absence, and vacations of the	29370
personnel of the division and shall fix their duties. The duties	29371
of the personnel, in addition to other statutory duties, shall	29372
include the handling, servicing, and investigation of divorce,	29373
dissolution of marriage, legal separation, and annulment cases and	29374
providing any counseling and conciliation services that the	29375
division makes available to persons, whether or not the persons	29376
are parties to an action pending in the division, who request the	29377
services.	29378

(2) The judge of the court of common pleas whose term begins	29379
on January 4, 1979, and successors, shall have the same	29380
qualifications, exercise the same powers and jurisdiction, and	29381
receive the same compensation as other judges of the court of	29382
common pleas of Lake county, shall be elected and designated as	29383
judge of the court of common pleas, juvenile division, and shall	29384
be the juvenile judge as provided in Chapters 2151. and 2152. of	29385
the Revised Code, with the powers and jurisdictions conferred by	29386
those chapters. The judge of the court of common pleas, juvenile	29387
division, shall be the administrator of the juvenile division and	29388
its subdivisions and departments. The judge shall have charge of	29389
the employment, assignment, and supervision of the personnel of	29390
the juvenile division who are engaged in handling, servicing, or	29391
investigating juvenile cases, including any referees whom the	29392
judge considers necessary for the discharge of the judge's various	29393
duties.	29394

The judge also shall designate the title, compensation,	29395
expense allowances, hours, leaves of absence, and vacation of the	29396
personnel of the division and shall fix their duties. The duties	29397
of the personnel, in addition to other statutory duties, include	29398
the handling, servicing, and investigation of juvenile cases and	29399
providing any counseling and conciliation services that the	29400
division makes available to persons, whether or not the persons	29401
are parties to an action pending in the division, who request the	29402
services.	29403

(3) If a judge of the court of common pleas, division of	29404
domestic relations or juvenile division, is sick, absent, or	29405
unable to perform that judge's judicial duties or the volume of	29406
cases pending in the judge's division necessitates it, the duties	29407
of that judge shall be performed by the other judges of the	29408
domestic relations and juvenile divisions.	29409

(N) In Erie county:

29410

(1) The judge of the court of common pleas whose term begins	29411
on January 2, 1971, and the successors to that judge whose terms	29412
begin before January 2, 2007, shall have the same qualifications,	29413
exercise the same powers and jurisdiction, and receive the same	29414
compensation as the other judge of the court of common pleas of	29415
Erie county and shall be elected and designated as judge of the	29416
court of common pleas, division of domestic relations. The judge	29417
shall have all the powers relating to juvenile courts, and shall	29418
be assigned all cases under Chapters 2151. and 2152. of the	29419
Revised Code, parentage proceedings over which the juvenile court	29420
has jurisdiction, and divorce, dissolution of marriage, legal	29421
separation, and annulment cases, except cases that for some	29422
special reason are assigned to some other judge.	29423

On or after January 2, 2007, the judge of the court of common	29424
pleas who is elected in 2006 shall be the successor to the judge	29425
of the domestic relations division whose term expires on January	29426
1, 2007, shall be designated as judge of the court of common	29427
pleas, juvenile division, and shall be the juvenile judge as	29428
provided in Chapters 2151. and 2152. of the Revised Code with the	29429
powers and jurisdictions conferred by those chapters.	29430

(2) The judge of the court of common pleas, general division,	29431
whose term begins on January 1, 2005, and successors, the judge of	29432
the court of common pleas, general division whose term begins on	29433
January 2, 2005, and successors, and the judge of the court of	29434
common pleas, general division, whose term begins February 9,	29435
2009, and successors, shall have assigned to them, in addition to	29436
all matters that are within the jurisdiction of the general	29437
division of the court of common pleas, all divorce, dissolution of	29438
marriage, legal separation, and annulment cases coming before the	29439
court, and all matters that are within the jurisdiction of the	29440
probate court under Chapter 2101., and other provisions, of the	29441
Revised Code.	29442

(O) In Greene county:

29443

(1) The judge of the court of common pleas whose term begins	29444
on January 1, 1961, and successors, shall have the same	29445
qualifications, exercise the same powers and jurisdiction, and	29446
receive the same compensation as the other judges of the court of	29447
common pleas of Greene county and shall be elected and designated	29448
as the judge of the court of common pleas, division of domestic	29449
relations. The judge shall be assigned all divorce, dissolution of	29450
marriage, legal separation, annulment, uniform reciprocal support	29451
enforcement, and domestic violence cases and all other cases	29452
related to domestic relations, except cases that for some special	29453
reason are assigned to some other judge of the court of common	29454
pleas.	29455

The judge shall be charged with the assignment and division	29456
of the work of the division and with the employment and	29457
supervision of all other personnel of the division. The judge also	29458
shall designate the title, compensation, hours, leaves of absence,	29459
and vacations of the personnel of the division and shall fix their	29460
duties. The duties of the personnel of the division, in addition	29461
to other statutory duties, shall include the handling, servicing,	29462
and investigation of divorce, dissolution of marriage, legal	29463
separation, and annulment cases and the provision of counseling	29464
and conciliation services that the division considers necessary	29465
and makes available to persons who request the services, whether	29466
or not the persons are parties in an action pending in the	29467
division. The compensation for the personnel shall be paid from	29468
the overall court budget and shall be included in the	29469
appropriations for the existing judges of the general division of	29470
the court of common pleas.	29471

(2) The judge of the court of common pleas whose term begins	29472
on January 1, 1995, and successors, shall have the same	29473
qualifications, exercise the same powers and jurisdiction, and	29474
receive the same compensation as the other judges of the court of	29475
common pleas of Greene county, shall be elected and designated as	29476
judge of the court of common pleas, juvenile division, and, on or	29477
after January 1, 1995, shall be the juvenile judge as provided in	29478
Chapters 2151. and 2152. of the Revised Code with the powers and	29479
jurisdiction conferred by those chapters. The judge of the court	29480
of common pleas, juvenile division, shall be the administrator of	29481
the juvenile division and its subdivisions and departments. The	29482
judge shall have charge of the employment, assignment, and	29483
supervision of the personnel of the juvenile division who are	29484
engaged in handling, servicing, or investigating juvenile cases,	29485
including any referees whom the judge considers necessary for the	29486
discharge of the judge's various duties.	29487

The judge also shall designate the title, compensation,	29488
expense allowances, hours, leaves of absence, and vacation of the	29489
personnel of the division and shall fix their duties. The duties	29490
of the personnel, in addition to other statutory duties, include	29491
the handling, servicing, and investigation of juvenile cases and	29492
providing any counseling and conciliation services that the court	29493
makes available to persons, whether or not the persons are parties	29494
to an action pending in the court, who request the services.	29495

(3) If one of the judges of the court of common pleas,	29496
general division, is sick, absent, or unable to perform that	29497
judge's judicial duties or the volume of cases pending in the	29498
general division necessitates it, the duties of that judge of the	29499
general division shall be performed by the judge of the division	29500
of domestic relations and the judge of the juvenile division.	29501

(P) In Portage county, the judge of the court of common	29502
pleas, whose term begins January 2, 1987, and successors, shall	29503
have the same qualifications, exercise the same powers and	29504
jurisdiction, and receive the same compensation as the other	29505
judges of the court of common pleas of Portage county and shall be	29506
elected and designated as judge of the court of common pleas,	29507
division of domestic relations. The judge shall be assigned all	29508
divorce, dissolution of marriage, legal separation, and annulment	29509
cases coming before the court, except in cases that for some	29510
special reason are assigned to some other judge of the court of	29511
common pleas. The judge shall be charged with the assignment and	29512
division of the work of the division and with the employment and	29513
supervision of all other personnel of the domestic relations	29514
division.	29515

The judge also shall designate the title, compensation,	29516
expense allowances, hours, leaves of absence, and vacations of the	29517
personnel of the division and shall fix their duties. The duties	29518
of the personnel, in addition to other statutory duties, shall	29519
include the handling, servicing, and investigation of divorce,	29520
dissolution of marriage, legal separation, and annulment cases and	29521
providing any counseling and conciliation services that the	29522
division makes available to persons, whether or not the persons	29523
are parties to an action pending in the division, who request the	29524
services.	29525

(Q) In Clermont county, the judge of the court of common	29526
pleas, whose term begins January 2, 1987, and successors, shall	29527
have the same qualifications, exercise the same powers and	29528
jurisdiction, and receive the same compensation as the other	29529
judges of the court of common pleas of Clermont county and shall	29530
be elected and designated as judge of the court of common pleas,	29531
division of domestic relations. The judge shall be assigned all	29532
divorce, dissolution of marriage, legal separation, and annulment	29533
cases coming before the court, except in cases that for some	29534
special reason are assigned to some other judge of the court of	29535
common pleas. The judge shall be charged with the assignment and	29536
division of the work of the division and with the employment and	29537
supervision of all other personnel of the domestic relations	29538
division.	29539

The judge also shall designate the title, compensation,	29540
expense allowances, hours, leaves of absence, and vacations of the	29541
personnel of the division and shall fix their duties. The duties	29542
of the personnel, in addition to other statutory duties, shall	29543
include the handling, servicing, and investigation of divorce,	29544
dissolution of marriage, legal separation, and annulment cases and	29545
providing any counseling and conciliation services that the	29546
division makes available to persons, whether or not the persons	29547
are parties to an action pending in the division, who request the	29548
services.	29549

(R) In Warren county, the judge of the court of common pleas,	29550
whose term begins January 1, 1987, and successors, shall have the	29551
same qualifications, exercise the same powers and jurisdiction,	29552
and receive the same compensation as the other judges of the court	29553
of common pleas of Warren county and shall be elected and	29554
designated as judge of the court of common pleas, division of	29555
domestic relations. The judge shall be assigned all divorce,	29556
dissolution of marriage, legal separation, and annulment cases	29557
coming before the court, except in cases that for some special	29558
reason are assigned to some other judge of the court of common	29559
pleas. The judge shall be charged with the assignment and division	29560
of the work of the division and with the employment and	29561
supervision of all other personnel of the domestic relations	29562
division.	29563

The judge also shall designate the title, compensation,	29564
expense allowances, hours, leaves of absence, and vacations of the	29565
personnel of the division and shall fix their duties. The duties	29566
of the personnel, in addition to other statutory duties, shall	29567
include the handling, servicing, and investigation of divorce,	29568
dissolution of marriage, legal separation, and annulment cases and	29569
providing any counseling and conciliation services that the	29570
division makes available to persons, whether or not the persons	29571
are parties to an action pending in the division, who request the	29572
services.	29573

(S) In Licking county, the judges of the court of common	29574
pleas, whose terms begin on January 1, 1991, and January 1, 2005,	29575
and successors, shall have the same qualifications, exercise the	29576
same powers and jurisdiction, and receive the same compensation as	29577
the other judges of the court of common pleas of Licking county	29578
and shall be elected and designated as judges of the court of	29579
common pleas, division of domestic relations. The judges shall be	29580
assigned all divorce, dissolution of marriage, legal separation,	29581
and annulment cases, all cases arising under Chapter 3111. of the	29582
Revised Code, all proceedings involving child support, the	29583
allocation of parental rights and responsibilities for the care of	29584
children and the designation for the children of a place of	29585
residence and legal custodian, parenting time, and visitation, and	29586
all post-decree proceedings and matters arising from those cases	29587
and proceedings, except in cases that for some special reason are	29588
assigned to another judge of the court of common pleas. The	29589
administrative judge of the division of domestic relations shall	29590
be charged with the assignment and division of the work of the	29591
division and with the employment and supervision of the personnel	29592
of the division.	29593

The administrative judge of the division of domestic	29594
relations shall designate the title, compensation, expense	29595
allowances, hours, leaves of absence, and vacations of the	29596
personnel of the division and shall fix the duties of the	29597
personnel of the division. The duties of the personnel of the	29598
division, in addition to other statutory duties, shall include the	29599
handling, servicing, and investigation of divorce, dissolution of	29600
marriage, legal separation, and annulment cases, cases arising	29601
under Chapter 3111. of the Revised Code, and proceedings involving	29602
child support, the allocation of parental rights and	29603
responsibilities for the care of children and the designation for	29604
the children of a place of residence and legal custodian,	29605
parenting time, and visitation and providing any counseling and	29606
conciliation services that the division makes available to	29607
persons, whether or not the persons are parties to an action	29608
pending in the division, who request the services.	29609

(T) In Allen county, the judge of the court of common pleas,	29610
whose term begins January 1, 1993, and successors, shall have the	29611
same qualifications, exercise the same powers and jurisdiction,	29612
and receive the same compensation as the other judges of the court	29613
of common pleas of Allen county and shall be elected and	29614
designated as judge of the court of common pleas, division of	29615
domestic relations. The judge shall be assigned all divorce,	29616
dissolution of marriage, legal separation, and annulment cases,	29617
all cases arising under Chapter 3111. of the Revised Code, all	29618
proceedings involving child support, the allocation of parental	29619
rights and responsibilities for the care of children and the	29620
designation for the children of a place of residence and legal	29621
custodian, parenting time, and visitation, and all post-decree	29622
proceedings and matters arising from those cases and proceedings,	29623
except in cases that for some special reason are assigned to	29624
another judge of the court of common pleas. The judge shall be	29625
charged with the assignment and division of the work of the	29626
division and with the employment and supervision of the personnel	29627
of the division.	29628

The judge shall designate the title, compensation, expense	29629
allowances, hours, leaves of absence, and vacations of the	29630
personnel of the division and shall fix the duties of the	29631
personnel of the division. The duties of the personnel of the	29632
division, in addition to other statutory duties, shall include the	29633
handling, servicing, and investigation of divorce, dissolution of	29634
marriage, legal separation, and annulment cases, cases arising	29635
under Chapter 3111. of the Revised Code, and proceedings involving	29636
child support, the allocation of parental rights and	29637
responsibilities for the care of children and the designation for	29638
the children of a place of residence and legal custodian,	29639
parenting time, and visitation, and providing any counseling and	29640
conciliation services that the division makes available to	29641
persons, whether or not the persons are parties to an action	29642
pending in the division, who request the services.	29643

(U) In Medina county, the judge of the court of common pleas	29644
whose term begins January 1, 1995, and successors, shall have the	29645
same qualifications, exercise the same powers and jurisdiction,	29646
and receive the same compensation as other judges of the court of	29647
common pleas of Medina county and shall be elected and designated	29648
as judge of the court of common pleas, division of domestic	29649
relations. The judge shall be assigned all divorce, dissolution of	29650
marriage, legal separation, and annulment cases, all cases arising	29651
under Chapter 3111. of the Revised Code, all proceedings involving	29652
child support, the allocation of parental rights and	29653
responsibilities for the care of children and the designation for	29654
the children of a place of residence and legal custodian,	29655
parenting time, and visitation, and all post-decree proceedings	29656
and matters arising from those cases and proceedings, except in	29657
cases that for some special reason are assigned to another judge	29658
of the court of common pleas. The judge shall be charged with the	29659
assignment and division of the work of the division and with the	29660
employment and supervision of the personnel of the division.	29661

The judge shall designate the title, compensation, expense	29662
allowances, hours, leaves of absence, and vacations of the	29663
personnel of the division and shall fix the duties of the	29664
personnel of the division. The duties of the personnel, in	29665
addition to other statutory duties, include the handling,	29666
servicing, and investigation of divorce, dissolution of marriage,	29667
legal separation, and annulment cases, cases arising under Chapter	29668
3111. of the Revised Code, and proceedings involving child	29669
support, the allocation of parental rights and responsibilities	29670
for the care of children and the designation for the children of a	29671
place of residence and legal custodian, parenting time, and	29672
visitation, and providing counseling and conciliation services	29673
that the division makes available to persons, whether or not the	29674
persons are parties to an action pending in the division, who	29675
request the services.	29676

(V) In Fairfield county, the judge of the court of common	29677
pleas whose term begins January 2, 1995, and successors, shall	29678
have the same qualifications, exercise the same powers and	29679
jurisdiction, and receive the same compensation as the other	29680
judges of the court of common pleas of Fairfield county and shall	29681
be elected and designated as judge of the court of common pleas,	29682
division of domestic relations. The judge shall be assigned all	29683
divorce, dissolution of marriage, legal separation, and annulment	29684
cases, all cases arising under Chapter 3111. of the Revised Code,	29685
all proceedings involving child support, the allocation of	29686
parental rights and responsibilities for the care of children and	29687
the designation for the children of a place of residence and legal	29688
custodian, parenting time, and visitation, and all post-decree	29689
proceedings and matters arising from those cases and proceedings,	29690
except in cases that for some special reason are assigned to	29691
another judge of the court of common pleas. The judge also has	29692
concurrent jurisdiction with the probate-juvenile division of the	29693
court of common pleas of Fairfield county with respect to and may	29694
hear cases to determine the custody of a child, as defined in	29695
section 2151.011 of the Revised Code, who is not the ward of	29696
another court of this state, cases that are commenced by a parent,	29697
guardian, or custodian of a child, as defined in section 2151.011	29698
of the Revised Code, to obtain an order requiring a parent of the	29699
child to pay child support for that child when the request for	29700
that order is not ancillary to an action for divorce, dissolution	29701
of marriage, annulment, or legal separation, a criminal or civil	29702
action involving an allegation of domestic violence, an action for	29703
support under Chapter 3115. of the Revised Code, or an action that	29704
is within the exclusive original jurisdiction of the	29705
probate-juvenile division of the court of common pleas of	29706
Fairfield county and that involves an allegation that the child is	29707
an abused, neglected, or dependent child, and post-decree	29708
proceedings and matters arising from those types of cases.	29709

The judge of the domestic relations division shall be charged	29710
with the assignment and division of the work of the division and	29711
with the employment and supervision of the personnel of the	29712
division.	29713

The judge shall designate the title, compensation, expense	29714
allowances, hours, leaves of absence, and vacations of the	29715
personnel of the division and shall fix the duties of the	29716
personnel of the division. The duties of the personnel of the	29717
division, in addition to other statutory duties, shall include the	29718
handling, servicing, and investigation of divorce, dissolution of	29719
marriage, legal separation, and annulment cases, cases arising	29720
under Chapter 3111. of the Revised Code, and proceedings involving	29721
child support, the allocation of parental rights and	29722
responsibilities for the care of children and the designation for	29723
the children of a place of residence and legal custodian,	29724
parenting time, and visitation, and providing any counseling and	29725
conciliation services that the division makes available to	29726
persons, regardless of whether the persons are parties to an	29727
action pending in the division, who request the services. When the	29728
judge hears a case to determine the custody of a child, as defined	29729
in section 2151.011 of the Revised Code, who is not the ward of	29730
another court of this state or a case that is commenced by a	29731
parent, guardian, or custodian of a child, as defined in section	29732
2151.011 of the Revised Code, to obtain an order requiring a	29733
parent of the child to pay child support for that child when the	29734
request for that order is not ancillary to an action for divorce,	29735
dissolution of marriage, annulment, or legal separation, a	29736
criminal or civil action involving an allegation of domestic	29737
violence, an action for support under Chapter 3115. of the Revised	29738
Code, or an action that is within the exclusive original	29739
jurisdiction of the probate-juvenile division of the court of	29740
common pleas of Fairfield county and that involves an allegation	29741
that the child is an abused, neglected, or dependent child, the	29742
duties of the personnel of the domestic relations division also	29743
include the handling, servicing, and investigation of those types	29744
of cases.	29745

(W)(1) In Clark county, the judge of the court of common	29746
pleas whose term begins on January 2, 1995, and successors, shall	29747
have the same qualifications, exercise the same powers and	29748
jurisdiction, and receive the same compensation as other judges of	29749
the court of common pleas of Clark county and shall be elected and	29750
designated as judge of the court of common pleas, domestic	29751
relations division. The judge shall have all the powers relating	29752
to juvenile courts, and all cases under Chapters 2151. and 2152.	29753
of the Revised Code and all parentage proceedings under Chapter	29754
3111. of the Revised Code over which the juvenile court has	29755
jurisdiction shall be assigned to the judge of the division of	29756
domestic relations. All divorce, dissolution of marriage, legal	29757
separation, annulment, uniform reciprocal support enforcement, and	29758
other cases related to domestic relations shall be assigned to the	29759
domestic relations division, and the presiding judge of the court	29760
of common pleas shall assign the cases to the judge of the	29761
domestic relations division and the judges of the general	29762
division.	29763

(2) In addition to the judge's regular duties, the judge of	29764
the division of domestic relations shall serve on the children	29765
services board and the county advisory board.	29766

(3) If the judge of the court of common pleas of Clark	29767
county, division of domestic relations, is sick, absent, or unable	29768
to perform that judge's judicial duties or if the presiding judge	29769
of the court of common pleas of Clark county determines that the	29770
volume of cases pending in the division of domestic relations	29771
necessitates it, the duties of the judge of the division of	29772
domestic relations shall be performed by the judges of the general	29773
division or probate division of the court of common pleas of Clark	29774
county, as assigned for that purpose by the presiding judge of	29775
that court, and the judges so assigned shall act in conjunction	29776
with the judge of the division of domestic relations of that	29777
court.	29778

(X) In Scioto county, the judge of the court of common pleas	29779
whose term begins January 2, 1995, and successors, shall have the	29780
same qualifications, exercise the same powers and jurisdiction,	29781
and receive the same compensation as other judges of the court of	29782
common pleas of Scioto county and shall be elected and designated	29783
as judge of the court of common pleas, division of domestic	29784
relations. The judge shall be assigned all divorce, dissolution of	29785
marriage, legal separation, and annulment cases, all cases arising	29786
under Chapter 3111. of the Revised Code, all proceedings involving	29787
child support, the allocation of parental rights and	29788
responsibilities for the care of children and the designation for	29789
the children of a place of residence and legal custodian,	29790
parenting time, visitation, and all post-decree proceedings and	29791
matters arising from those cases and proceedings, except in cases	29792
that for some special reason are assigned to another judge of the	29793
court of common pleas. The judge shall be charged with the	29794
assignment and division of the work of the division and with the	29795
employment and supervision of the personnel of the division.	29796

The judge shall designate the title, compensation, expense	29797
allowances, hours, leaves of absence, and vacations of the	29798
personnel of the division and shall fix the duties of the	29799
personnel of the division. The duties of the personnel, in	29800
addition to other statutory duties, include the handling,	29801
servicing, and investigation of divorce, dissolution of marriage,	29802
legal separation, and annulment cases, cases arising under Chapter	29803
3111. of the Revised Code, and proceedings involving child	29804
support, the allocation of parental rights and responsibilities	29805
for the care of children and the designation for the children of a	29806
place of residence and legal custodian, parenting time, and	29807
visitation, and providing counseling and conciliation services	29808
that the division makes available to persons, whether or not the	29809
persons are parties to an action pending in the division, who	29810
request the services.	29811

(Y) In Auglaize county, the judge of the probate and juvenile	29812
divisions of the Auglaize county court of common pleas also shall	29813
be the administrative judge of the domestic relations division of	29814
the court and shall be assigned all divorce, dissolution of	29815
marriage, legal separation, and annulment cases coming before the	29816
court. The judge shall have all powers as administrator of the	29817
domestic relations division and shall have charge of the personnel	29818
engaged in handling, servicing, or investigating divorce,	29819
dissolution of marriage, legal separation, and annulment cases,	29820
including any referees considered necessary for the discharge of	29821
the judge's various duties.	29822

(Z)(1) In Marion county, the judge of the court of common	29823
pleas whose term begins on February 9, 1999, and the successors to	29824
that judge, shall have the same qualifications, exercise the same	29825
powers and jurisdiction, and receive the same compensation as the	29826
other judges of the court of common pleas of Marion county and	29827
shall be elected and designated as judge of the court of common	29828
pleas, domestic relations-juvenile-probate division. Except as	29829
otherwise specified in this division, that judge, and the	29830
successors to that judge, shall have all the powers relating to	29831
juvenile courts, and all cases under Chapters 2151. and 2152. of	29832
the Revised Code, all cases arising under Chapter 3111. of the	29833
Revised Code, all divorce, dissolution of marriage, legal	29834
separation, and annulment cases, all proceedings involving child	29835
support, the allocation of parental rights and responsibilities	29836
for the care of children and the designation for the children of a	29837
place of residence and legal custodian, parenting time, and	29838
visitation, and all post-decree proceedings and matters arising	29839
from those cases and proceedings shall be assigned to that judge	29840
and the successors to that judge. Except as provided in division	29841
(Z)(2) of this section and notwithstanding any other provision of	29842
any section of the Revised Code, on and after February 9, 2003,	29843
the judge of the court of common pleas of Marion county whose term	29844
begins on February 9, 1999, and the successors to that judge,	29845
shall have all the powers relating to the probate division of the	29846
court of common pleas of Marion county in addition to the powers	29847
previously specified in this division, and shall exercise	29848
concurrent jurisdiction with the judge of the probate division of	29849
that court over all matters that are within the jurisdiction of	29850
the probate division of that court under Chapter 2101., and other	29851
provisions, of the Revised Code in addition to the jurisdiction of	29852
the domestic relations-juvenile-probate division of that court	29853
otherwise specified in division (Z)(1) of this section.	29854

(2) The judge of the domestic relations-juvenile-probate	29855
division of the court of common pleas of Marion county or the	29856
judge of the probate division of the court of common pleas of	29857
Marion county, whichever of those judges is senior in total length	29858
of service on the court of common pleas of Marion county,	29859
regardless of the division or divisions of service, shall serve as	29860
the clerk of the probate division of the court of common pleas of	29861
Marion county.	29862

(3) On and after February 9, 2003, all references in law to	29863
"the probate court," "the probate judge," "the juvenile court," or	29864
"the judge of the juvenile court" shall be construed, with respect	29865
to Marion county, as being references to both "the probate	29866
division" and "the domestic relations-juvenile-probate division"	29867
and as being references to both "the judge of the probate	29868
division" and "the judge of the domestic relations-	29869
juvenile-probate division." On and after February 9, 2003, all	29870
references in law to "the clerk of the probate court" shall be	29871
construed, with respect to Marion county, as being references to	29872
the judge who is serving pursuant to division (Z)(2) of this	29873
section as the clerk of the probate division of the court of	29874
common pleas of Marion county.	29875

(AA) In Muskingum county, the judge of the court of common	29876
pleas whose term begins on January 2, 2003, and successors, shall	29877
have the same qualifications, exercise the same powers and	29878
jurisdiction, and receive the same compensation as the other	29879
judges of the court of common pleas of Muskingum county and shall	29880
be elected and designated as the judge of the court of common	29881
pleas, division of domestic relations. The judge shall be assigned	29882
all divorce, dissolution of marriage, legal separation, and	29883
annulment cases, all cases arising under Chapter 3111. of the	29884
Revised Code, all proceedings involving child support, the	29885
allocation of parental rights and responsibilities for the care of	29886
children and the designation for the children of a place of	29887
residence and legal custodian, parenting time, and visitation, and	29888
all post-decree proceedings and matters arising from those cases	29889
and proceedings, except in cases that for some special reason are	29890
assigned to another judge of the court of common pleas. The judge	29891
shall be charged with the assignment and division of the work of	29892
the division and with the employment and supervision of the	29893
personnel of the division.	29894

The judge shall designate the title, compensation, expense	29895
allowances, hours, leaves of absence, and vacations of the	29896
personnel of the division and shall fix the duties of the	29897
personnel of the division. The duties of the personnel of the	29898
division, in addition to other statutory duties, shall include the	29899
handling, servicing, and investigation of divorce, dissolution of	29900
marriage, legal separation, and annulment cases, cases arising	29901
under Chapter 3111. of the Revised Code, and proceedings involving	29902
child support, the allocation of parental rights and	29903
responsibilities for the care of children and the designation for	29904
the children of a place of residence and legal custodian,	29905
parenting time, and visitation and providing any counseling and	29906
conciliation services that the division makes available to	29907
persons, whether or not the persons are parties to an action	29908
pending in the division, who request the services.	29909

(BB) In Henry county, the judge of the court of common pleas	29910
whose term begins on January 1, 2005, and successors, shall have	29911
the same qualifications, exercise the same powers and	29912
jurisdiction, and receive the same compensation as the other judge	29913
of the court of common pleas of Henry county and shall be elected	29914
and designated as the judge of the court of common pleas, division	29915
of domestic relations. The judge shall have all of the powers	29916
relating to juvenile courts, and all cases under Chapter 2151. or	29917
2152. of the Revised Code, all parentage proceedings arising under	29918
Chapter 3111. of the Revised Code over which the juvenile court	29919
has jurisdiction, all divorce, dissolution of marriage, legal	29920
separation, and annulment cases, all proceedings involving child	29921
support, the allocation of parental rights and responsibilities	29922
for the care of children and the designation for the children of a	29923
place of residence and legal custodian, parenting time, and	29924
visitation, and all post-decree proceedings and matters arising	29925
from those cases and proceedings shall be assigned to that judge,	29926
except in cases that for some special reason are assigned to the	29927
other judge of the court of common pleas.	29928

(CC)(1) In Logan county, the judge of the court of common	29929
pleas whose term begins January 2, 2005, and the successors to	29930
that judge, shall have the same qualifications, exercise the same	29931
powers and jurisdiction, and receive the same compensation as the	29932
other judges of the court of common pleas of Logan county and	29933
shall be elected and designated as judge of the court of common	29934
pleas, domestic relations-juvenile-probate division. Except as	29935
otherwise specified in this division, that judge, and the	29936
successors to that judge, shall have all the powers relating to	29937
juvenile courts, and all cases under Chapters 2151. and 2152. of	29938
the Revised Code, all cases arising under Chapter 3111. of the	29939
Revised Code, all divorce, dissolution of marriage, legal	29940
separation, and annulment cases, all proceedings involving child	29941
support, the allocation of parental rights and responsibilities	29942
for the care of children and designation for the children of a	29943
place of residence and legal custodian, parenting time, and	29944
visitation, and all post-decree proceedings and matters arising	29945
from those cases and proceedings shall be assigned to that judge	29946
and the successors to that judge. Notwithstanding any other	29947
provision of any section of the Revised Code, on and after January	29948
2, 2005, the judge of the court of common pleas of Logan county	29949
whose term begins on January 2, 2005, and the successors to that	29950
judge, shall have all the powers relating to the probate division	29951
of the court of common pleas of Logan county in addition to the	29952
powers previously specified in this division and shall exercise	29953
concurrent jurisdiction with the judge of the probate division of	29954
that court over all matters that are within the jurisdiction of	29955
the probate division of that court under Chapter 2101., and other	29956
provisions, of the Revised Code in addition to the jurisdiction of	29957
the domestic relations-juvenile-probate division of that court	29958
otherwise specified in division (CC)(1) of this section.	29959

(2) The judge of the domestic relations-juvenile-probate	29960
division of the court of common pleas of Logan county or the	29961
probate judge of the court of common pleas of Logan county who is	29962
elected as the administrative judge of the probate division of the	29963
court of common pleas of Logan county pursuant to Rule 4 of the	29964
Rules of Superintendence shall be the clerk of the probate	29965
division and juvenile division of the court of common pleas of	29966
Logan county. The clerk of the court of common pleas who is	29967
elected pursuant to section 2303.01 of the Revised Code shall keep	29968
all of the journals, records, books, papers, and files pertaining	29969
to the domestic relations cases.	29970

(3) On and after January 2, 2005, all references in law to	29971
"the probate court," "the probate judge," "the juvenile court," or	29972
"the judge of the juvenile court" shall be construed, with respect	29973
to Logan county, as being references to both "the probate	29974
division" and the "domestic relations-juvenile-probate division"	29975
and as being references to both "the judge of the probate	29976
division" and the "judge of the domestic	29977
relations-juvenile-probate division." On and after January 2,	29978
2005, all references in law to "the clerk of the probate court"	29979
shall be construed, with respect to Logan county, as being	29980
references to the judge who is serving pursuant to division	29981
(CC)(2) of this section as the clerk of the probate division of	29982
the court of common pleas of Logan county.	29983

(DD)(1) In Champaign county, the judge of the court of common	29984
pleas whose term begins February 9, 2003, and the judge of the	29985
court of common pleas whose term begins February 10, 2009, and the	29986
successors to those judges, shall have the same qualifications,	29987
exercise the same powers and jurisdiction, and receive the same	29988
compensation as the other judges of the court of common pleas of	29989
Champaign county and shall be elected and designated as judges of	29990
the court of common pleas, domestic relations-juvenile-probate	29991
division. Except as otherwise specified in this division, those	29992
judges, and the successors to those judges, shall have all the	29993
powers relating to juvenile courts, and all cases under Chapters	29994
2151. and 2152. of the Revised Code, all cases arising under	29995
Chapter 3111. of the Revised Code, all divorce, dissolution of	29996
marriage, legal separation, and annulment cases, all proceedings	29997
involving child support, the allocation of parental rights and	29998
responsibilities for the care of children and the designation for	29999
the children of a place of residence and legal custodian,	30000
parenting time, and visitation, and all post-decree proceedings	30001
and matters arising from those cases and proceedings shall be	30002
assigned to those judges and the successors to those judges.	30003
Notwithstanding any other provision of any section of the Revised	30004
Code, on and after February 9, 2009, the judges designated by this	30005
division as judges of the court of common pleas of Champaign	30006
county, domestic relations-juvenile-probate division, and the	30007
successors to those judges, shall have all the powers relating to	30008
probate courts in addition to the powers previously specified in	30009
this division and shall exercise jurisdiction over all matters	30010
that are within the jurisdiction of probate courts under Chapter	30011
2101., and other provisions, of the Revised Code in addition to	30012
the jurisdiction of the domestic relations-juvenile-probate	30013
division otherwise specified in division (DD)(1) of this section.	30014

(2) On and after February 9, 2009, all references in law to	30015
"the probate court," "the probate judge," "the juvenile court," or	30016
"the judge of the juvenile court" shall be construed with respect	30017
to Champaign county as being references to the "domestic	30018
relations-juvenile-probate division" and as being references to	30019
the "judge of the domestic relations-juvenile-probate division."	30020
On and after February 9, 2009, all references in law to "the clerk	30021
of the probate court" shall be construed with respect to Champaign	30022
county as being references to the judge who is serving pursuant to	30023
Rule 4 of the Rules of Superintendence for the Courts of Ohio as	30024
the administrative judge of the court of common pleas, domestic	30025
relations-juvenile-probate division.	30026

(EE) If a judge of the court of common pleas, division of	30027
domestic relations, or juvenile judge, of any of the counties	30028
mentioned in this section is sick, absent, or unable to perform	30029
that judge's judicial duties or the volume of cases pending in the	30030
judge's division necessitates it, the duties of that judge shall	30031
be performed by another judge of the court of common pleas of that	30032
county, assigned for that purpose by the presiding judge of the	30033
court of common pleas of that county to act in place of or in	30034
conjunction with that judge, as the case may require.	30035

Sec. 2301.18. The court of common pleas shall appoint a	30036
~~steongraphic~~ reporter as the official ~~shorthand~~ reporter of ~~such~~	30037
the court~~, who shall hold the appointment~~ for a term not exceeding	30038
three years ~~from the date thereof~~, unless removed by the court,	30039
after a good cause shown, for neglect of duty, misconduct in	30040
office, or incompetency. ~~Such~~The court of common pleas may	30041
appoint assistant reporters as the business of the court requires,	30042
for terms not exceeding three years under one appointment. The	30043
official ~~shorthand~~ reporter and assistant reporters shall take an	30044
oath faithfully and impartially to discharge the duties of ~~such~~	30045
~~position~~their positions.	30046

Sec. 2301.20. ~~Upon the trial of a~~All civil orand criminal	30047
~~action~~actions in the court of common pleas~~, if either party to~~	30048
~~the action or his attorney requests the services of a shorthand~~	30049
~~reporter, the trial judge shall grant the request, or may order a~~	30050
~~full report of the testimony or other proceedings. In either case,~~	30051
~~the shorthand~~shall be recorded. The reporter shall take accurate	30052
~~shorthand~~ notes of, or shall electronically record, the oral	30053
testimony ~~or other oral proceedings~~. The notes and electronic	30054
records shall be filed in the office of the official ~~shorthand~~	30055
reporter and carefully preserved for either of the following	30056
periods of time:	30057

(A) If the action is not a capital case, the notes and	30058
electronic records shall be preserved for the period of time	30059
specified by the court of common pleas, which period of time shall	30060
not be longer than the period of time that the other records of	30061
the particular action are required to be kept;.	30062

(B) If the action is a capital case, the notes and electronic	30063
records shall be preserved for the longer of ten years or until	30064
the final disposition of the action.	30065

Sec. 2301.21. In every case ~~reported~~recorded as provided in	30066
section 2301.20 of the Revised Code, there shall be taxed for each	30067
day's service of the official or assistant ~~shorthand~~ reporters a	30068
fee of twenty-five dollars, to be collected as other costs in the	30069
case. The fees so collected shall be paid quarterly by the clerk	30070
of the court of common pleas in which the cases were tried into	30071
the treasury of the county and shall be credited by the county	30072
treasurer to the general fund.	30073

Sec. 2301.22. Each ~~shorthand~~ reporter shall receive such	30074
compensation as the court of common pleas making the appointment	30075
fixes. ~~Such~~That compensation shall be in place of all per diem	30076
compensation in ~~such~~those courts. In case ~~such~~the appointment is	30077
for a term of less than one year, ~~such~~the court may allow a per	30078
diem compensation to be fixed by the court, plus actual and	30079
necessary expenses incurred, for each day ~~such shorthand~~the	30080
reporter is actually engaged in taking testimony or performing	30081
other duties under the orders of ~~such~~the court, which allowance	30082
shall be in full payment for all services so rendered.	30083

The county auditor shall issue warrants on the county	30084
treasurer for the payment of ~~such~~the compensation under this	30085
section in equal monthly installments~~, when~~if the compensation is	30086
allowed annually, and ~~when~~ in case of services per diem, for the	30087
amount of the bill approved by the court, from the general fund	30088
upon the presentation of a certified copy of the journal entry of	30089
appointment and compensation of ~~such shorthand~~the reporters.	30090

Sec. 2301.23. When ~~shorthand~~ notes have been taken or an	30091
electronic recording has been made in a case as provided in	30092
section 2301.20 of the Revised Code, if the court, or either party	30093
to the suit ~~or his attorney,~~ requests written transcripts of any	30094
portion of ~~such notes in longhand~~the proceeding, the ~~shorthand~~	30095
reporter reporting the case shall make full and accurate	30096
transcripts of the notes ~~for the use of such court or party~~or	30097
electronic recording. The court may direct the official ~~shorthand~~	30098
reporter to furnish to the court and the parties copies of	30099
decisions rendered and charges delivered by the court in pending	30100
cases.	30101

When the compensation for transcripts, copies of decisions,	30102
or charges is taxed as a part of the costs, ~~such~~the transcripts,	30103
copies of decisions, and charges shall remain on file with the	30104
papers of the case.	30105

Sec. 2301.24. The compensation of ~~shorthand~~ reporters for	30106
making written transcripts ~~and copies~~ as provided in section	30107
2301.23 of the Revised Code shall be fixed by ~~the judges of~~ the	30108
court of common pleas of the county ~~wherein~~in which the trial is	30109
~~had~~held. ~~Such~~If more than one transcript of the same testimony	30110
or proceeding is ordered, the reporter shall make copies of the	30111
transcript at cost pursuant to division (B)(1) of section 149.43	30112
of the Revised Code, or shall provide an electronic copy of the	30113
transcript free of charge. The compensation shall be paid	30114
~~forthwith~~ by the party for whose benefit a transcript is made. The	30115
compensation for transcripts ~~of testimony~~ requested by the	30116
prosecuting attorney ~~during trial~~or an indigent defendant in	30117
criminal cases or by the trial judge, in either civil or criminal	30118
cases, and for copies of decisions and charges furnished by	30119
direction of the court shall be paid from the county treasury, and	30120
taxed and collected as costs.	30121

Sec. 2301.25. When ordered by the prosecuting attorney or	30122
the defendant in a criminal ~~trial,~~case or when ordered by a judge	30123
of the court of common pleas ~~for his use,~~ in either civil or	30124
criminal cases, the costs of transcripts ~~mentioned in section~~	30125
~~2301.23 of the Revised Code,~~ shall be taxed as costs in the case,	30126
collected as other costs, whether ~~such~~the transcripts have been	30127
prepaid or not, as provided by section 2301.24 of the Revised	30128
Code, ~~and~~ paid by the clerk of the court of common pleas,	30129
quarterly, into the county treasury, and credited to the general	30130
fund. If, upon final judgment, the costs or any part ~~thereof shall~~	30131
beof the costs are adjudged against a defendant in a criminal	30132
case, hethe defendant shall be allowed credit on the cost bill of	30133
the amount paid ~~by him~~ for the transcript ~~he ordered~~ and, if the	30134
costs are finally adjudged against the state, the defendant shall	30135
have ~~his~~the defendant's deposit refunded. ~~When more than one~~	30136
~~transcript of the same testimony or proceedings is ordered at the~~	30137
~~same time by the same party, or by the court, the compensation for~~	30138
~~making such additional transcript shall be one-half the~~	30139
~~compensation allowed for the first copy, and shall be paid for in~~	30140
~~the same manner except that where ordered by the same party only~~	30141
~~the cost of the original shall be taxed as costs.~~ All ~~such~~	30142
transcripts shall be taken and received as prima-facie evidence of	30143
their correctness. ~~When~~If the testimony of witnesses is taken	30144
before the grand jury by ~~shorthand~~ reporters, they shall receive	30145
for ~~such~~the transcripts ~~as are ordered by the prosecuting~~	30146
~~attorney~~ the same compensation ~~per folio~~ and be paid ~~therefor~~ in	30147
the same manner as provided in this section and section 2301.24 of	30148
the Revised Code.	30149

Sec. 2301.26. ~~Shorthand reporters~~Reporters appointed under	30150
~~sections~~section 2301.18 ~~and 2301.19~~ of the Revised Code, may be	30151
appointed referees to take and report evidence in causes pending	30152
in any of the courts of this state. In the taking of evidence as	30153
~~such~~ referees, ~~they~~the reporters may administer oaths to	30154
witnesses. They shall be furnished by the board of county	30155
commissioners with a suitable room in the courthouse, and with	30156
~~stationery,~~ supplies and ~~other~~ equipment necessary infor the	30157
proper discharge of their duties and for the preservation of their	30158
~~stenographic~~ notes and electronic records. ~~Such~~The notes and	30159
electronic records shall be the property of the county and	30160
carefully preserved in the office of the ~~shorthand~~ reporters.	30161

Sec. 2305.01. Except as otherwise provided by this section	30162
or section 2305.03 of the Revised Code, the court of common pleas	30163
has original jurisdiction in all civil cases in which the sum or	30164
matter in dispute exceeds the exclusive original jurisdiction of	30165
county courts and appellate jurisdiction from the decisions of	30166
boards of county commissioners. The court of common pleas shall	30167
not have jurisdiction, in any tort action to which the amounts	30168
apply, to award punitive or exemplary damages that exceed the	30169
amounts set forth in section 2315.21 of the Revised Code. The	30170
court of common pleas shall not have jurisdiction in any tort	30171
action to which the limits apply to enter judgment on an award of	30172
compensatory damages for noneconomic loss in excess of the limits	30173
set forth in section 2315.18 of the Revised Code.	30174

The court of common pleas may on its own motion transfer for	30175
trial any action in the court to any municipal court in the county	30176
having concurrent jurisdiction of the subject matter of, and the	30177
parties to, the action, if the amount sought by the plaintiff does	30178
not exceed one thousand dollars and if the judge or presiding	30179
judge of the municipal court concurs in the proposed transfer.	30180
Upon the issuance of an order of transfer, the clerk of courts	30181
shall remove to the designated municipal court the entire case	30182
file. Any untaxed portion of the common pleas deposit for court	30183
costs shall be remitted to the municipal court by the clerk of	30184
courts to be applied in accordance with section 1901.26 of the	30185
Revised Code, and the costs taxed by the municipal court shall be	30186
added to any costs taxed in the common pleas court.	30187

The court of common pleas has jurisdiction in any action	30188
brought pursuant to division (I) of section ~~3733.11~~4781.40 of the	30189
Revised Code if the residential premises that are the subject of	30190
the action are located within the territorial jurisdiction of the	30191
court.	30192

The courts of common pleas of Adams, Athens, Belmont, Brown,	30193
Clermont, Columbiana, Gallia, Hamilton, Jefferson, Lawrence,	30194
Meigs, Monroe, Scioto, and Washington counties have jurisdiction	30195
beyond the north or northwest shore of the Ohio river extending to	30196
the opposite shore line, between the extended boundary lines of	30197
any adjacent counties or adjacent state. Each of those courts of	30198
common pleas has concurrent jurisdiction on the Ohio river with	30199
any adjacent court of common pleas that borders on that river and	30200
with any court of Kentucky or of West Virginia that borders on the	30201
Ohio river and that has jurisdiction on the Ohio river under the	30202
law of Kentucky or the law of West Virginia, whichever is	30203
applicable, or under federal law.	30204

Sec. 2317.02. The following persons shall not testify in	30205
certain respects:	30206

(A)(1) An attorney, concerning a communication made to the	30207
attorney by a client in that relation or the attorney's advice to	30208
a client, except that the attorney may testify by express consent	30209
of the client or, if the client is deceased, by the express	30210
consent of the surviving spouse or the executor or administrator	30211
of the estate of the deceased client. However, if the client	30212
voluntarily testifies or is deemed by section 2151.421 of the	30213
Revised Code to have waived any testimonial privilege under this	30214
division, the attorney may be compelled to testify on the same	30215
subject.	30216

The testimonial privilege established under this division	30217
does not apply concerning a communication between a client who has	30218
since died and the deceased client's attorney if the communication	30219
is relevant to a dispute between parties who claim through that	30220
deceased client, regardless of whether the claims are by testate	30221
or intestate succession or by inter vivos transaction, and the	30222
dispute addresses the competency of the deceased client when the	30223
deceased client executed a document that is the basis of the	30224
dispute or whether the deceased client was a victim of fraud,	30225
undue influence, or duress when the deceased client executed a	30226
document that is the basis of the dispute.	30227

(2) An attorney, concerning a communication made to the	30228
attorney by a client in that relationship or the attorney's advice	30229
to a client, except that if the client is an insurance company,	30230
the attorney may be compelled to testify, subject to an in camera	30231
inspection by a court, about communications made by the client to	30232
the attorney or by the attorney to the client that are related to	30233
the attorney's aiding or furthering an ongoing or future	30234
commission of bad faith by the client, if the party seeking	30235
disclosure of the communications has made a prima facie showing of	30236
bad faith, fraud, or criminal misconduct by the client.	30237

(B)(1) A physician or a dentist concerning a communication	30238
made to the physician or dentist by a patient in that relation or	30239
the physician's or dentist's advice to a patient, except as	30240
otherwise provided in this division, division (B)(2), and division	30241
(B)(3) of this section, and except that, if the patient is deemed	30242
by section 2151.421 of the Revised Code to have waived any	30243
testimonial privilege under this division, the physician may be	30244
compelled to testify on the same subject.	30245

The testimonial privilege established under this division	30246
does not apply, and a physician or dentist may testify or may be	30247
compelled to testify, in any of the following circumstances:	30248

(a) In any civil action, in accordance with the discovery	30249
provisions of the Rules of Civil Procedure in connection with a	30250
civil action, or in connection with a claim under Chapter 4123. of	30251
the Revised Code, under any of the following circumstances:	30252

(i) If the patient or the guardian or other legal	30253
representative of the patient gives express consent;	30254

(ii) If the patient is deceased, the spouse of the patient or	30255
the executor or administrator of the patient's estate gives	30256
express consent;	30257

(iii) If a medical claim, dental claim, chiropractic claim,	30258
or optometric claim, as defined in section 2305.113 of the Revised	30259
Code, an action for wrongful death, any other type of civil	30260
action, or a claim under Chapter 4123. of the Revised Code is	30261
filed by the patient, the personal representative of the estate of	30262
the patient if deceased, or the patient's guardian or other legal	30263
representative.	30264

(b) In any civil action concerning court-ordered treatment or	30265
services received by a patient, if the court-ordered treatment or	30266
services were ordered as part of a case plan journalized under	30267
section 2151.412 of the Revised Code or the court-ordered	30268
treatment or services are necessary or relevant to dependency,	30269
neglect, or abuse or temporary or permanent custody proceedings	30270
under Chapter 2151. of the Revised Code.	30271

(c) In any criminal action concerning any test or the results	30272
of any test that determines the presence or concentration of	30273
alcohol, a drug of abuse, a combination of them, a controlled	30274
substance, or a metabolite of a controlled substance in the	30275
patient's whole blood, blood serum or plasma, breath, urine, or	30276
other bodily substance at any time relevant to the criminal	30277
offense in question.	30278

(d) In any criminal action against a physician or dentist. In	30279
such an action, the testimonial privilege established under this	30280
division does not prohibit the admission into evidence, in	30281
accordance with the Rules of Evidence, of a patient's medical or	30282
dental records or other communications between a patient and the	30283
physician or dentist that are related to the action and obtained	30284
by subpoena, search warrant, or other lawful means. A court that	30285
permits or compels a physician or dentist to testify in such an	30286
action or permits the introduction into evidence of patient	30287
records or other communications in such an action shall require	30288
that appropriate measures be taken to ensure that the	30289
confidentiality of any patient named or otherwise identified in	30290
the records is maintained. Measures to ensure confidentiality that	30291
may be taken by the court include sealing its records or deleting	30292
specific information from its records.	30293

(e)(i) If the communication was between a patient who has	30294
since died and the deceased patient's physician or dentist, the	30295
communication is relevant to a dispute between parties who claim	30296
through that deceased patient, regardless of whether the claims	30297
are by testate or intestate succession or by inter vivos	30298
transaction, and the dispute addresses the competency of the	30299
deceased patient when the deceased patient executed a document	30300
that is the basis of the dispute or whether the deceased patient	30301
was a victim of fraud, undue influence, or duress when the	30302
deceased patient executed a document that is the basis of the	30303
dispute.	30304

(ii) If neither the spouse of a patient nor the executor or	30305
administrator of that patient's estate gives consent under	30306
division (B)(1)(a)(ii) of this section, testimony or the	30307
disclosure of the patient's medical records by a physician,	30308
dentist, or other health care provider under division (B)(1)(e)(i)	30309
of this section is a permitted use or disclosure of protected	30310
health information, as defined in 45 C.F.R. 160.103, and an	30311
authorization or opportunity to be heard shall not be required.	30312

(iii) Division (B)(1)(e)(i) of this section does not require	30313
a mental health professional to disclose psychotherapy notes, as	30314
defined in 45 C.F.R. 164.501.	30315

(iv) An interested person who objects to testimony or	30316
disclosure under division (B)(1)(e)(i) of this section may seek a	30317
protective order pursuant to Civil Rule 26.	30318

(v) A person to whom protected health information is	30319
disclosed under division (B)(1)(e)(i) of this section shall not	30320
use or disclose the protected health information for any purpose	30321
other than the litigation or proceeding for which the information	30322
was requested and shall return the protected health information to	30323
the covered entity or destroy the protected health information,	30324
including all copies made, at the conclusion of the litigation or	30325
proceeding.	30326

(2)(a) If any law enforcement officer submits a written	30327
statement to a health care provider that states that an official	30328
criminal investigation has begun regarding a specified person or	30329
that a criminal action or proceeding has been commenced against a	30330
specified person, that requests the provider to supply to the	30331
officer copies of any records the provider possesses that pertain	30332
to any test or the results of any test administered to the	30333
specified person to determine the presence or concentration of	30334
alcohol, a drug of abuse, a combination of them, a controlled	30335
substance, or a metabolite of a controlled substance in the	30336
person's whole blood, blood serum or plasma, breath, or urine at	30337
any time relevant to the criminal offense in question, and that	30338
conforms to section 2317.022 of the Revised Code, the provider,	30339
except to the extent specifically prohibited by any law of this	30340
state or of the United States, shall supply to the officer a copy	30341
of any of the requested records the provider possesses. If the	30342
health care provider does not possess any of the requested	30343
records, the provider shall give the officer a written statement	30344
that indicates that the provider does not possess any of the	30345
requested records.	30346

(b) If a health care provider possesses any records of the	30347
type described in division (B)(2)(a) of this section regarding the	30348
person in question at any time relevant to the criminal offense in	30349
question, in lieu of personally testifying as to the results of	30350
the test in question, the custodian of the records may submit a	30351
certified copy of the records, and, upon its submission, the	30352
certified copy is qualified as authentic evidence and may be	30353
admitted as evidence in accordance with the Rules of Evidence.	30354
Division (A) of section 2317.422 of the Revised Code does not	30355
apply to any certified copy of records submitted in accordance	30356
with this division. Nothing in this division shall be construed to	30357
limit the right of any party to call as a witness the person who	30358
administered the test to which the records pertain, the person	30359
under whose supervision the test was administered, the custodian	30360
of the records, the person who made the records, or the person	30361
under whose supervision the records were made.	30362

(3)(a) If the testimonial privilege described in division	30363
(B)(1) of this section does not apply as provided in division	30364
(B)(1)(a)(iii) of this section, a physician or dentist may be	30365
compelled to testify or to submit to discovery under the Rules of	30366
Civil Procedure only as to a communication made to the physician	30367
or dentist by the patient in question in that relation, or the	30368
physician's or dentist's advice to the patient in question, that	30369
related causally or historically to physical or mental injuries	30370
that are relevant to issues in the medical claim, dental claim,	30371
chiropractic claim, or optometric claim, action for wrongful	30372
death, other civil action, or claim under Chapter 4123. of the	30373
Revised Code.	30374

(b) If the testimonial privilege described in division (B)(1)	30375
of this section does not apply to a physician or dentist as	30376
provided in division (B)(1)(c) of this section, the physician or	30377
dentist, in lieu of personally testifying as to the results of the	30378
test in question, may submit a certified copy of those results,	30379
and, upon its submission, the certified copy is qualified as	30380
authentic evidence and may be admitted as evidence in accordance	30381
with the Rules of Evidence. Division (A) of section 2317.422 of	30382
the Revised Code does not apply to any certified copy of results	30383
submitted in accordance with this division. Nothing in this	30384
division shall be construed to limit the right of any party to	30385
call as a witness the person who administered the test in	30386
question, the person under whose supervision the test was	30387
administered, the custodian of the results of the test, the person	30388
who compiled the results, or the person under whose supervision	30389
the results were compiled.	30390

(4) The testimonial privilege described in division (B)(1) of	30391
this section is not waived when a communication is made by a	30392
physician to a pharmacist or when there is communication between a	30393
patient and a pharmacist in furtherance of the physician-patient	30394
relation.	30395

(5)(a) As used in divisions (B)(1) to (4) of this section,	30396
"communication" means acquiring, recording, or transmitting any	30397
information, in any manner, concerning any facts, opinions, or	30398
statements necessary to enable a physician or dentist to diagnose,	30399
treat, prescribe, or act for a patient. A "communication" may	30400
include, but is not limited to, any medical or dental, office, or	30401
hospital communication such as a record, chart, letter,	30402
memorandum, laboratory test and results, x-ray, photograph,	30403
financial statement, diagnosis, or prognosis.	30404

(b) As used in division (B)(2) of this section, "health care	30405
provider" means a hospital, ambulatory care facility, long-term	30406
care facility, pharmacy, emergency facility, or health care	30407
practitioner.	30408

30409

(i) "Ambulatory care facility" means a facility that provides	30410
medical, diagnostic, or surgical treatment to patients who do not	30411
require hospitalization, including a dialysis center, ambulatory	30412
surgical facility, cardiac catheterization facility, diagnostic	30413
imaging center, extracorporeal shock wave lithotripsy center, home	30414
health agency, inpatient hospice, birthing center, radiation	30415
therapy center, emergency facility, and an urgent care center.	30416
"Ambulatory health care facility" does not include the private	30417
office of a physician or dentist, whether the office is for an	30418
individual or group practice.	30419

(ii) "Emergency facility" means a hospital emergency	30420
department or any other facility that provides emergency medical	30421
services.	30422

(iii) "Health care practitioner" has the same meaning as in	30423
section 4769.01 of the Revised Code.	30424

(iv) "Hospital" has the same meaning as in section 3727.01 of	30425
the Revised Code.	30426

(v) "Long-term care facility" means a nursing home,	30427
residential care facility, or home for the aging, as those terms	30428
are defined in section 3721.01 of the Revised Code; an adult care	30429
facility, as defined in section ~~3722.01~~5119.70 of the Revised	30430
Code; a nursing facility or intermediate care facility for the	30431
mentally retarded, as those terms are defined in section 5111.20	30432
of the Revised Code; a facility or portion of a facility certified	30433
as a skilled nursing facility under Title XVIII of the "Social	30434
Security Act," 49 Stat. 286 (1965), 42 U.S.C.A. 1395, as amended.	30435

(vi) "Pharmacy" has the same meaning as in section 4729.01 of	30436
the Revised Code.	30437

(d) As used in divisions (B)(1) and (2) of this section,	30438
"drug of abuse" has the same meaning as in section 4506.01 of the	30439
Revised Code.	30440

(6) Divisions (B)(1), (2), (3), (4), and (5) of this section	30441
apply to doctors of medicine, doctors of osteopathic medicine,	30442
doctors of podiatry, and dentists.	30443

(7) Nothing in divisions (B)(1) to (6) of this section	30444
affects, or shall be construed as affecting, the immunity from	30445
civil liability conferred by section 307.628 of the Revised Code	30446
or the immunity from civil liability conferred by section 2305.33	30447
of the Revised Code upon physicians who report an employee's use	30448
of a drug of abuse, or a condition of an employee other than one	30449
involving the use of a drug of abuse, to the employer of the	30450
employee in accordance with division (B) of that section. As used	30451
in division (B)(7) of this section, "employee," "employer," and	30452
"physician" have the same meanings as in section 2305.33 of the	30453
Revised Code.	30454

(C)(1) A cleric, when the cleric remains accountable to the	30455
authority of that cleric's church, denomination, or sect,	30456
concerning a confession made, or any information confidentially	30457
communicated, to the cleric for a religious counseling purpose in	30458
the cleric's professional character. The cleric may testify by	30459
express consent of the person making the communication, except	30460
when the disclosure of the information is in violation of a sacred	30461
trust and except that, if the person voluntarily testifies or is	30462
deemed by division (A)(4)(c) of section 2151.421 of the Revised	30463
Code to have waived any testimonial privilege under this division,	30464
the cleric may be compelled to testify on the same subject except	30465
when disclosure of the information is in violation of a sacred	30466
trust.	30467

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

30468

(a) "Cleric" means a member of the clergy, rabbi, priest,	30469
Christian Science practitioner, or regularly ordained, accredited,	30470
or licensed minister of an established and legally cognizable	30471
church, denomination, or sect.	30472

(b) "Sacred trust" means a confession or confidential	30473
communication made to a cleric in the cleric's ecclesiastical	30474
capacity in the course of discipline enjoined by the church to	30475
which the cleric belongs, including, but not limited to, the	30476
Catholic Church, if both of the following apply:	30477

(i) The confession or confidential communication was made	30478
directly to the cleric.	30479

(ii) The confession or confidential communication was made in	30480
the manner and context that places the cleric specifically and	30481
strictly under a level of confidentiality that is considered	30482
inviolate by canon law or church doctrine.	30483

(D) Husband or wife, concerning any communication made by one	30484
to the other, or an act done by either in the presence of the	30485
other, during coverture, unless the communication was made, or act	30486
done, in the known presence or hearing of a third person competent	30487
to be a witness; and such rule is the same if the marital relation	30488
has ceased to exist;	30489

(E) A person who assigns a claim or interest, concerning any	30490
matter in respect to which the person would not, if a party, be	30491
permitted to testify;	30492

(F) A person who, if a party, would be restricted under	30493
section 2317.03 of the Revised Code, when the property or thing is	30494
sold or transferred by an executor, administrator, guardian,	30495
trustee, heir, devisee, or legatee, shall be restricted in the	30496
same manner in any action or proceeding concerning the property or	30497
thing.	30498

(G)(1) A school guidance counselor who holds a valid educator	30499
license from the state board of education as provided for in	30500
section 3319.22 of the Revised Code, a person licensed under	30501
Chapter 4757. of the Revised Code as a professional clinical	30502
counselor, professional counselor, social worker, independent	30503
social worker, marriage and family therapist or independent	30504
marriage and family therapist, or registered under Chapter 4757.	30505
of the Revised Code as a social work assistant concerning a	30506
confidential communication received from a client in that relation	30507
or the person's advice to a client unless any of the following	30508
applies:	30509

(a) The communication or advice indicates clear and present	30510
danger to the client or other persons. For the purposes of this	30511
division, cases in which there are indications of present or past	30512
child abuse or neglect of the client constitute a clear and	30513
present danger.	30514

(b) The client gives express consent to the testimony.

30515

(c) If the client is deceased, the surviving spouse or the	30516
executor or administrator of the estate of the deceased client	30517
gives express consent.	30518

(d) The client voluntarily testifies, in which case the	30519
school guidance counselor or person licensed or registered under	30520
Chapter 4757. of the Revised Code may be compelled to testify on	30521
the same subject.	30522

(e) The court in camera determines that the information	30523
communicated by the client is not germane to the counselor-client,	30524
marriage and family therapist-client, or social worker-client	30525
relationship.	30526

(f) A court, in an action brought against a school, its	30527
administration, or any of its personnel by the client, rules after	30528
an in-camera inspection that the testimony of the school guidance	30529
counselor is relevant to that action.	30530

(g) The testimony is sought in a civil action and concerns	30531
court-ordered treatment or services received by a patient as part	30532
of a case plan journalized under section 2151.412 of the Revised	30533
Code or the court-ordered treatment or services are necessary or	30534
relevant to dependency, neglect, or abuse or temporary or	30535
permanent custody proceedings under Chapter 2151. of the Revised	30536
Code.	30537

(2) Nothing in division (G)(1) of this section shall relieve	30538
a school guidance counselor or a person licensed or registered	30539
under Chapter 4757. of the Revised Code from the requirement to	30540
report information concerning child abuse or neglect under section	30541
2151.421 of the Revised Code.	30542

(H) A mediator acting under a mediation order issued under	30543
division (A) of section 3109.052 of the Revised Code or otherwise	30544
issued in any proceeding for divorce, dissolution, legal	30545
separation, annulment, or the allocation of parental rights and	30546
responsibilities for the care of children, in any action or	30547
proceeding, other than a criminal, delinquency, child abuse, child	30548
neglect, or dependent child action or proceeding, that is brought	30549
by or against either parent who takes part in mediation in	30550
accordance with the order and that pertains to the mediation	30551
process, to any information discussed or presented in the	30552
mediation process, to the allocation of parental rights and	30553
responsibilities for the care of the parents' children, or to the	30554
awarding of parenting time rights in relation to their children;	30555

(I) A communications assistant, acting within the scope of	30556
the communication assistant's authority, when providing	30557
telecommunications relay service pursuant to section 4931.06 of	30558
the Revised Code or Title II of the "Communications Act of 1934,"	30559
104 Stat. 366 (1990), 47 U.S.C. 225, concerning a communication	30560
made through a telecommunications relay service. Nothing in this	30561
section shall limit the obligation of a communications assistant	30562
to divulge information or testify when mandated by federal law or	30563
regulation or pursuant to subpoena in a criminal proceeding.	30564

Nothing in this section shall limit any immunity or privilege	30565
granted under federal law or regulation.	30566

(J)(1) A chiropractor in a civil proceeding concerning a	30567
communication made to the chiropractor by a patient in that	30568
relation or the chiropractor's advice to a patient, except as	30569
otherwise provided in this division. The testimonial privilege	30570
established under this division does not apply, and a chiropractor	30571
may testify or may be compelled to testify, in any civil action,	30572
in accordance with the discovery provisions of the Rules of Civil	30573
Procedure in connection with a civil action, or in connection with	30574
a claim under Chapter 4123. of the Revised Code, under any of the	30575
following circumstances:	30576

(a) If the patient or the guardian or other legal	30577
representative of the patient gives express consent.	30578

(b) If the patient is deceased, the spouse of the patient or	30579
the executor or administrator of the patient's estate gives	30580
express consent.	30581

(c) If a medical claim, dental claim, chiropractic claim, or	30582
optometric claim, as defined in section 2305.113 of the Revised	30583
Code, an action for wrongful death, any other type of civil	30584
action, or a claim under Chapter 4123. of the Revised Code is	30585
filed by the patient, the personal representative of the estate of	30586
the patient if deceased, or the patient's guardian or other legal	30587
representative.	30588

(2) If the testimonial privilege described in division (J)(1)	30589
of this section does not apply as provided in division (J)(1)(c)	30590
of this section, a chiropractor may be compelled to testify or to	30591
submit to discovery under the Rules of Civil Procedure only as to	30592
a communication made to the chiropractor by the patient in	30593
question in that relation, or the chiropractor's advice to the	30594
patient in question, that related causally or historically to	30595
physical or mental injuries that are relevant to issues in the	30596
medical claim, dental claim, chiropractic claim, or optometric	30597
claim, action for wrongful death, other civil action, or claim	30598
under Chapter 4123. of the Revised Code.	30599

(3) The testimonial privilege established under this division	30600
does not apply, and a chiropractor may testify or be compelled to	30601
testify, in any criminal action or administrative proceeding.	30602

(4) As used in this division, "communication" means	30603
acquiring, recording, or transmitting any information, in any	30604
manner, concerning any facts, opinions, or statements necessary to	30605
enable a chiropractor to diagnose, treat, or act for a patient. A	30606
communication may include, but is not limited to, any	30607
chiropractic, office, or hospital communication such as a record,	30608
chart, letter, memorandum, laboratory test and results, x-ray,	30609
photograph, financial statement, diagnosis, or prognosis.	30610

(K)(1) Except as provided under division (K)(2) of this	30611
section, a critical incident stress management team member	30612
concerning a communication received from an individual who	30613
receives crisis response services from the team member, or the	30614
team member's advice to the individual, during a debriefing	30615
session.	30616

(2) The testimonial privilege established under division	30617
(K)(1) of this section does not apply if any of the following are	30618
true:	30619

(a) The communication or advice indicates clear and present	30620
danger to the individual who receives crisis response services or	30621
to other persons. For purposes of this division, cases in which	30622
there are indications of present or past child abuse or neglect of	30623
the individual constitute a clear and present danger.	30624

(b) The individual who received crisis response services	30625
gives express consent to the testimony.	30626

(c) If the individual who received crisis response services	30627
is deceased, the surviving spouse or the executor or administrator	30628
of the estate of the deceased individual gives express consent.	30629

(d) The individual who received crisis response services	30630
voluntarily testifies, in which case the team member may be	30631
compelled to testify on the same subject.	30632

(e) The court in camera determines that the information	30633
communicated by the individual who received crisis response	30634
services is not germane to the relationship between the individual	30635
and the team member.	30636

(f) The communication or advice pertains or is related to any	30637
criminal act.	30638

(3) As used in division (K) of this section:

30639

(a) "Crisis response services" means consultation, risk	30640
assessment, referral, and on-site crisis intervention services	30641
provided by a critical incident stress management team to	30642
individuals affected by crisis or disaster.	30643

(b) "Critical incident stress management team member" or	30644
"team member" means an individual specially trained to provide	30645
crisis response services as a member of an organized community or	30646
local crisis response team that holds membership in the Ohio	30647
critical incident stress management network.	30648

(c) "Debriefing session" means a session at which crisis	30649
response services are rendered by a critical incident stress	30650
management team member during or after a crisis or disaster.	30651

(L)(1) Subject to division (L)(2) of this section and except	30652
as provided in division (L)(3) of this section, an employee	30653
assistance professional, concerning a communication made to the	30654
employee assistance professional by a client in the employee	30655
assistance professional's official capacity as an employee	30656
assistance professional.	30657

(2) Division (L)(1) of this section applies to an employee	30658
assistance professional who meets either or both of the following	30659
requirements:	30660

(a) Is certified by the employee assistance certification	30661
commission to engage in the employee assistance profession;	30662

(b) Has education, training, and experience in all of the	30663
following:	30664

(i) Providing workplace-based services designed to address	30665
employer and employee productivity issues;	30666

(ii) Providing assistance to employees and employees'	30667
dependents in identifying and finding the means to resolve	30668
personal problems that affect the employees or the employees'	30669
performance;	30670

(iii) Identifying and resolving productivity problems	30671
associated with an employee's concerns about any of the following	30672
matters: health, marriage, family, finances, substance abuse or	30673
other addiction, workplace, law, and emotional issues;	30674

(iv) Selecting and evaluating available community resources;

30675

(v) Making appropriate referrals;

30676

(vi) Local and national employee assistance agreements;

30677

(vii) Client confidentiality.

30678

(3) Division (L)(1) of this section does not apply to any of	30679
the following:	30680

(a) A criminal action or proceeding involving an offense	30681
under sections 2903.01 to 2903.06 of the Revised Code if the	30682
employee assistance professional's disclosure or testimony relates	30683
directly to the facts or immediate circumstances of the offense;	30684

(b) A communication made by a client to an employee	30685
assistance professional that reveals the contemplation or	30686
commission of a crime or serious, harmful act;	30687

(c) A communication that is made by a client who is an	30688
unemancipated minor or an adult adjudicated to be incompetent and	30689
indicates that the client was the victim of a crime or abuse;	30690

(d) A civil proceeding to determine an individual's mental	30691
competency or a criminal action in which a plea of not guilty by	30692
reason of insanity is entered;	30693

(e) A civil or criminal malpractice action brought against	30694
the employee assistance professional;	30695

(f) When the employee assistance professional has the express	30696
consent of the client or, if the client is deceased or disabled,	30697
the client's legal representative;	30698

(g) When the testimonial privilege otherwise provided by	30699
division (L)(1) of this section is abrogated under law.	30700

Sec. 2317.422. (A) Notwithstanding sections 2317.40 and	30701
2317.41 of the Revised Code but subject to division (B) of this	30702
section, the records, or copies or photographs of the records, of	30703
a hospital, homes required to be licensed pursuant to section	30704
3721.01 of the Revised Code, and adult care facilities required to	30705
be licensed pursuant to Chapter ~~3722.~~5119. of the Revised Code,	30706
in lieu of the testimony in open court of their custodian, person	30707
who made them, or person under whose supervision they were made,	30708
may be qualified as authentic evidence if any such person endorses	30709
thereon the person's verified certification identifying such	30710
records, giving the mode and time of their preparation, and	30711
stating that they were prepared in the usual course of the	30712
business of the institution. Such records, copies, or photographs	30713
may not be qualified by certification as provided in this section	30714
unless the party intending to offer them delivers a copy of them,	30715
or of their relevant portions, to the attorney of record for each	30716
adverse party not less than five days before trial. Nothing in	30717
this section shall be construed to limit the right of any party to	30718
call the custodian, person who made such records, or person under	30719
whose supervision they were made, as a witness.	30720

(B) Division (A) of this section does not apply to any	30721
certified copy of the results of any test given to determine the	30722
presence or concentration of alcohol, a drug of abuse, a	30723
combination of them, a controlled substance, or a metabolite of a	30724
controlled substance in a patient's whole blood, blood serum or	30725
plasma, breath, or urine at any time relevant to a criminal	30726
offense that is submitted in a criminal action or proceeding in	30727
accordance with division (B)(2)(b) or (B)(3)(b) of section 2317.02	30728
of the Revised Code.	30729

Sec. 2319.27. Except as section 147.08 of the Revised Code	30730
governs the fees chargeable by a notary public for services	30731
rendered in connection with depositions, the fees and expenses	30732
chargeable for the taking and certifying of a deposition by a	30733
person who is authorized to do so in this state, including, but	30734
not limited to, a ~~shorthand~~ reporter, stenographer, or person	30735
described in Civil Rule 28, may be established by that person	30736
subject to the qualification specified in this section, and may be	30737
different than the fees and expenses charged for the taking and	30738
certifying of depositions by similar persons in other areas of	30739
this state. Unless, prior to the taking and certifying of a	30740
deposition, the parties who request it agree that the fees or	30741
expenses to be charged may exceed the usual and customary fees or	30742
expenses charged in the particular community for similar services,	30743
such a person shall not charge fees or expenses in connection with	30744
the taking and certifying of the deposition that exceed those	30745
usual and customary fees and expenses.	30746

The person taking and certifying a deposition may retain the	30747
deposition until the fees and expenses that hethe person charged	30748
are paid. HeThe person also shall tax the costs, if any, of a	30749
sheriff or other officer who serves any process in connection with	30750
the taking of a deposition and the fees of the witnesses, and, if	30751
directed by a person entitled to those costs or fees, may retain	30752
the deposition until those costs or fees are paid.	30753

Sec. 2335.05. In all cases or proceedings not specified in	30754
sections 2335.06 and 2335.08 of the Revised Code, except as	30755
otherwise provided in section 2335.061 of the Revised Code, each	30756
person subpoenaed as a witness shall be allowed one dollar for	30757
each day's attendance and the mileage allowed in courts of record.	30758
~~When~~If not subpoenaed each person called upon to testify in a	30759
case or proceeding shall receive twenty-five cents. Such fee shall	30760
be taxed in the bill of costs, and if incurred in a state or	30761
ordinance case, or in a proceeding before a public officer, board,	30762
or commission, the fee shall be paid out of the proper public	30763
treasury, upon the certificate of the court, officer, board, or	30764
commission conducting the proceeding.	30765

Sec. 2335.06. ~~Each~~(A) Except as otherwise provided in	30766
section 2335.061 of the Revised Code, each witness in civil cases	30767
shall receive the following fees:	30768

~~(A)~~(1) Twelve dollars for each full day's attendance and six	30769
dollars for each half day's attendance at a court of record,	30770
mayor's court, or before a person authorized to take depositions,	30771
to be taxed in the bill of costs. Each witness shall also receive	30772
reimbursement for each mile necessarily traveled to and from the	30773
witness's place of residence to the place of giving testimony, to	30774
be taxed in the bill of costs. The board of county commissioners	30775
of each county shall set the reimbursement rate for each mile	30776
necessarily traveled by a witness in a civil case in the common	30777
pleas court, any division of the common pleas court, a county	30778
court, or a county-operated municipal court. The rate shall not	30779
exceed fifty and one-half cents for each mile.	30780

~~(B)~~(2) For attending a coroner's inquest, the same fees and	30781
mileage provided by division (A)(1) of this section, payable from	30782
the county treasury on the certificate of the coroner.	30783

~~(C)~~(B) As used in this section, "full day's attendance" means	30784
a day on which a witness is required or requested to be present at	30785
proceedings before and after twelve noon regardless of whether the	30786
witness actually testifies; "half day's attendance" means a day on	30787
which a witness is required or requested to be present at	30788
proceedings either before or after twelve noon, but not both,	30789
regardless of whether the witness actually testifies.	30790

Sec. 2335.061. (A) As used in this section:

30791

(1) "Coroner" has the same meaning as in section 313.01 of	30792
the Revised Code, and includes the following:	30793

(a) The coroner of a county other than a county in which the	30794
death occurred or the dead human body was found if the coroner of	30795
that other county performed services for the county in which the	30796
death occurred or the dead human body was found;	30797

(b) A medical examiner appointed by the governing authority	30798
of a county to perform the duties of a coroner set forth in	30799
Chapter 313. of the Revised Code.	30800

(2) "Deposition fee" means the amount derived by multiplying	30801
the hourly rate by the number of hours a coroner or deputy coroner	30802
spent preparing for and giving expert testimony at a deposition in	30803
a civil action pursuant to this section.	30804

(3) "Deputy coroner" means a pathologist serving as a deputy	30805
coroner.	30806

(4) "Expert testimony" means testimony given by a coroner or	30807
deputy coroner as an expert witness pursuant to this section and	30808
the Rules of Evidence.	30809

(5) "Fact testimony" means testimony given by a coroner or	30810
deputy coroner regarding the performance of the duties of the	30811
coroner as set forth in Chapter 313. of the Revised Code. "Fact	30812
testimony" does not include expert testimony.	30813

(6) "Hourly rate" means the compensation established in	30814
sections 325.15 and 325.18 of the Revised Code for a coroner	30815
without a private practice of medicine at the class 8 level for	30816
calendar year 2001 and thereafter, divided by two thousand eighty.	30817

(7) "Testimonial fee" means the amount derived by multiplying	30818
the hourly rate by six and multiplying the product by the number	30819
of hours that a coroner or deputy coroner spent preparing for and	30820
giving expert testimony at a trial or hearing in a civil action	30821
pursuant to this section.	30822

(B)(1) A party may subpoena a coroner or deputy coroner to	30823
give expert testimony at a trial, hearing, or deposition in a	30824
civil action only upon filing with the court a notice that	30825
includes all of the following:	30826

(a) The name of the coroner or deputy coroner whose testimony	30827
is sought;	30828

(b) A brief statement of the issues upon which the party	30829
seeks expert testimony from the coroner or deputy coroner;	30830

(c) An acknowledgment by the party that the giving of expert	30831
testimony by the coroner or deputy coroner at the trial, hearing,	30832
or deposition is governed by this section and that the party will	30833
comply with all of the requirements of this section;	30834

(d) A statement of the obligations of the coroner or deputy	30835
coroner under division (C) of this section.	30836

(2) The notice under division (B)(1) of this section shall be	30837
served together with the subpoena.	30838

(C) A party that obtains the expert testimony of a coroner or	30839
deputy coroner at a trial, hearing, or deposition in a civil	30840
action pursuant to division (B) or (D) of this section shall pay	30841
to the treasury of the county in which the coroner or deputy	30842
coroner holds office or is appointed or employed a testimonial fee	30843
or deposition fee, whichever is applicable, within thirty days	30844
after receiving the statement described in this division. Upon the	30845
conclusion of the coroner's or deputy coroner's expert testimony,	30846
the coroner or deputy coroner shall file a statement with the	30847
court on behalf of the county in which the coroner or deputy	30848
coroner holds office or is appointed or employed showing the fee	30849
due and how the coroner or deputy coroner calculated the fee. The	30850
coroner or deputy coroner shall serve a copy of the statement on	30851
each of the parties.	30852

(D) For good cause shown, the court may permit a coroner or	30853
deputy coroner who has not been served with a subpoena under	30854
division (B) of this section to give expert testimony at a trial,	30855
hearing, or deposition in a civil action. Unless good cause is	30856
shown, the failure of a party to file with the court the notice	30857
described in division (B)(1) of this section prohibits the party	30858
from having a coroner or deputy coroner subpoenaed to give expert	30859
testimony at a trial, hearing, or deposition in a civil action or	30860
from otherwise calling the coroner or a deputy coroner to give	30861
expert testimony at a trial, hearing, or deposition in a civil	30862
action.	30863

(E) In the event of a dispute as to the contents of the	30864
notice filed by a party under division (B) of this section or as	30865
to the nature of the testimony sought from or given by a coroner	30866
or a deputy coroner at a trial, hearing, or deposition in a civil	30867
action, the court shall determine whether the testimony sought	30868
from or given by the coroner or deputy coroner is expert testimony	30869
or fact testimony. In making this determination, the court shall	30870
consider all of the following:	30871

(1) The definitions of "expert testimony" and "fact	30872
testimony" set forth in this section;	30873

(2) All applicable rules of evidence;

30874

(3) Any other information that the court considers relevant.

30875

(F) Nothing in this section shall be construed to alter,	30876
amend, or supersede the requirements of the Rules of Civil	30877
Procedure or the Rules of Evidence.	30878

Sec. 2501.16. (A) Each court of appeals may appoint one or	30879
more official ~~shorthand~~ reporters, law clerks, secretaries, and	30880
any other employees that the court considers necessary for its	30881
efficient operation.	30882

The clerk of the court of common pleas, acting as the clerk	30883
of the court of appeals for the county, shall perform the duties	30884
otherwise performed and collect the fees otherwise collected by	30885
the clerk of the court of common pleas, as set forth in section	30886
2303.03 of the Revised Code, and shall maintain the files and	30887
records of the court. The clerk of the court of common pleas,	30888
acting as the clerk of the court of appeals for the county, may	30889
refuse to accept for filing any pleading or paper submitted for	30890
filing by a person who has been found to be a vexatious litigator	30891
under section 2323.52 of the Revised Code and who has failed to	30892
obtain leave from the court of appeals to proceed under that	30893
section. The overhead expenses pertaining to the office of the	30894
clerk of the court of common pleas that result from the clerk's	30895
acting as clerk of the court of appeals for the county, other than	30896
wages and salaries, shall be paid from the funds provided under	30897
sections 2501.18 and 2501.181 of the Revised Code.	30898

Each officer and employee appointed pursuant to this section	30899
shall take an oath of office, serve at the pleasure of the court,	30900
and perform any duties that the court directs. Each ~~shorthand~~	30901
reporter shall have the powers that are vested in official	30902
~~shorthand~~ reporters of the court of common pleas under sections	30903
2301.18 to 2301.26 of the Revised Code. Whenever an opinion, per	30904
curiam, or report of a case has been prepared in accordance with	30905
section 2503.20 of the Revised Code, the official ~~shorthand~~	30906
reporter immediately shall forward one copy of the opinion, per	30907
curiam, or report to the reporter of the supreme court, without	30908
expense to the reporter.	30909

(B) The court of appeals may determine that, for the	30910
efficient operation of the court, additional funds are necessary	30911
to acquire and pay for special projects of the court, including,	30912
but not limited to, the acquisition of additional facilities or	30913
the rehabilitation of existing facilities, the acquisition of	30914
equipment, the hiring and training of staff, the employment of	30915
magistrates, the training and education of judges, acting judges,	30916
and magistrates, community service programs, and other related	30917
services. Upon that determination, the court by rule may charge a	30918
fee, in addition to all other court costs, on the filing of each	30919
case or cause over which the court has jurisdiction.	30920

If the court of appeals offers a special program or service	30921
in cases of a specific type, the court by rule may assess an	30922
additional charge in a case of that type, over and above court	30923
costs, to cover the special program or service. The court shall	30924
adjust the special assessment periodically, but not retroactively,	30925
so that the amount assessed in those cases does not exceed the	30926
actual cost of providing the service or program.	30927

All moneys collected under division (B) of this section shall	30928
be paid to the county treasurer of the county selected as the	30929
principal seat of that court of appeals for deposit into either a	30930
general special projects fund or a fund established for a specific	30931
special project. Moneys from a fund of that nature shall be	30932
disbursed upon an order of the court in an amount no greater than	30933
the actual cost to the court of a project. If a specific fund is	30934
terminated because of the discontinuance of a program or service	30935
established under division (B) of this section, the court may	30936
order that moneys remaining in the fund be transferred to an	30937
account established under this division for a similar purpose.	30938

Sec. 2501.17. Each officer and employee of a court of	30939
appeals appointed under section 2501.16 of the Revised Code shall	30940
receive the compensation that is fixed by the court of appeals and	30941
payable from the state treasury upon the certificate of the	30942
presiding or administrative judge of the district in which the	30943
officer or employee serves. The additional amount of compensation	30944
that the clerk of the court of common pleas receives for acting as	30945
the clerk of the court of appeals in ~~his~~the clerk's county and	30946
assuming the duties of that office and that is equal to one-eighth	30947
of the annual compensation that hethe clerk receives pursuant to	30948
sections 325.08 and 325.18 of the Revised Code for being the clerk	30949
of the court of common pleas is payable from the state treasury	30950
upon the certificate of the presiding or administrative judge of	30951
the district in which the clerk serves.	30952

~~Shorthand reporters~~Reporters may receive additional	30953
compensation for transcripts of evidence, the fee for the	30954
transcripts to be fixed by the judges of the court of appeals and	30955
paid and collected in the same manner as the fees for transcripts	30956
furnished by official ~~shorthand~~ reporters of the court of common	30957
pleas under section 2301.24 of the Revised Code. ~~Shorthand~~	30958
~~reporters~~Reporters appointed for a term of less than one year	30959
shall receive a per diem compensation of not less than thirty	30960
dollars per day. All ~~shorthand~~ reporters shall receive their	30961
actual expenses for traveling when attending court in any county	30962
other than that in which they reside, to be paid as provided by	30963
section ~~2301.24~~2301.22 of the Revised Code.	30964

Sec. 2743.09. The clerk of the court of claims shall do all	30965
of the following:	30966

(A) Administer oaths and take and certify affidavits,	30967
depositions, and acknowledgments of powers of attorney and other	30968
instruments in writing;	30969

(B) Prepare the dockets, enter and record the orders,	30970
judgments, decisions, awards, and proceedings of the court of	30971
claims and the court of claims commissioners, and issue writs and	30972
process;	30973

(C) Maintain an office in Franklin county in rooms provided	30974
by the supreme court for that purpose;	30975

(D) Keep an appearance docket of civil actions, claims for an	30976
award of reparations, and appeals from decisions of the court of	30977
claims commissioners. The clerk may refuse to accept for filing	30978
any pleading or paper that relates to a civil action in the court	30979
of claims and that is submitted for filing by a person who has	30980
been found to be a vexatious litigator under section 2323.52 of	30981
the Revised Code and who has failed to obtain leave to proceed	30982
under that section.	30983

Upon the commencement of an action or claim, the clerk shall	30984
assign it a number. This number shall be placed on the first page,	30985
and every continuation page, of the appearance docket that	30986
concerns the particular action or claim. In addition, this number	30987
and the names of the parties shall be placed on the case file, and	30988
every paper filed in the action or claim.	30989

At the time the action is commenced the clerk shall enter in	30990
the appearance docket the names of the parties in full and the	30991
names of counsel and shall index the action alphabetically by the	30992
last name of each party. Thereafter, the clerk shall	30993
chronologically note in the appearance docket all process issued	30994
and returns, pleas, motions, papers filed in the action, orders,	30995
verdicts, and judgments. The notations shall be brief but shall	30996
show the date of filing, substance, and journal volume and page of	30997
each order, verdict, and judgment. An action is commenced for	30998
purposes of this division by the filing of a complaint, including	30999
a form complaint under section 2743.10 of the Revised Code or a	31000
petition for removal.	31001

At the time an appeal for an award of reparations is	31002
commenced, the clerk shall enter the full names of the claimant,	31003
the victim, and the attorneys in the appearance docket and shall	31004
index the claim alphabetically by the last name of the claimant	31005
and the victim. Thereafter, the clerk shall chronologically note	31006
in the appearance docket all process issued and returns, motions,	31007
papers filed in the claim, orders, decisions, and awards. The	31008
notations shall be brief but shall show the date of filing,	31009
substance, and journal volume and page of each order.	31010

(E) Keep all original papers filed in an action or claim in a	31011
separate file folder and a journal in which all orders, verdicts,	31012
and judgments of the court and commissioners shall be recorded;	31013

(F) Charge and collect fees pursuant to section 2303.20 of	31014
the Revised Code, keep a cashbook in which the clerk shall enter	31015
the amounts received, make a report to the clerk of the supreme	31016
court each quarter of the fees received during the preceding	31017
quarter, and pay them monthly into the state treasury;	31018

(G) Appoint stenographers, ~~shorthand~~ reporters, and other	31019
clerical personnel;	31020

(H) Under the direction of the chief justice, establish	31021
procedures for hearing and determining appeals for an award of	31022
reparations pursuant to sections 2743.51 to 2743.72 of the Revised	31023
Code.	31024

Sec. 2744.05. Notwithstanding any other provisions of the	31025
Revised Code or rules of a court to the contrary, in an action	31026
against a political subdivision to recover damages for injury,	31027
death, or loss to person or property caused by an act or omission	31028
in connection with a governmental or proprietary function:	31029

(A) Punitive or exemplary damages shall not be awarded.

31030

(B)(1) If a claimant receives or is entitled to receive	31031
benefits for injuries or loss allegedly incurred from a policy or	31032
policies of insurance or any other source, the benefits shall be	31033
disclosed to the court, and the amount of the benefits shall be	31034
deducted from any award against a political subdivision recovered	31035
by that claimant. No insurer or other person is entitled to bring	31036
an action under a subrogation provision in an insurance or other	31037
contract against a political subdivision with respect to those	31038
benefits.	31039

The amount of the benefits shall be deducted from an award	31040
against a political subdivision under division (B)(1) of this	31041
section regardless of whether the claimant may be under an	31042
obligation to pay back the benefits upon recovery, in whole or in	31043
part, for the claim. A claimant whose benefits have been deducted	31044
from an award under division (B)(1) of this section is not	31045
considered fully compensated and shall not be required to	31046
reimburse a subrogated claim for benefits deducted from an award	31047
pursuant to division (B)(1) of this section.	31048

(2) Nothing in division (B)(1) of this section shall be	31049
construed to do either of the following:	31050

(a) Limit the rights of a beneficiary under a life insurance	31051
policy or the rights of sureties under fidelity or surety bonds;	31052

(b) Prohibit the department of job and family services from	31053
recovering from the political subdivision, pursuant to section	31054
5101.58 of the Revised Code, the cost of medical assistance	31055
benefits provided under ~~sections 5101.5211 to 5101.5216 or~~ Chapter	31056
5107., or 5111. of the Revised Code.	31057

(C)(1) There shall not be any limitation on compensatory	31058
damages that represent the actual loss of the person who is	31059
awarded the damages. However, except in wrongful death actions	31060
brought pursuant to Chapter 2125. of the Revised Code, damages	31061
that arise from the same cause of action, transaction or	31062
occurrence, or series of transactions or occurrences and that do	31063
not represent the actual loss of the person who is awarded the	31064
damages shall not exceed two hundred fifty thousand dollars in	31065
favor of any one person. The limitation on damages that do not	31066
represent the actual loss of the person who is awarded the damages	31067
provided in this division does not apply to court costs that are	31068
awarded to a plaintiff, or to interest on a judgment rendered in	31069
favor of a plaintiff, in an action against a political	31070
subdivision.	31071

(2) As used in this division, "the actual loss of the person	31072
who is awarded the damages" includes all of the following:	31073

(a) All wages, salaries, or other compensation lost by the	31074
person injured as a result of the injury, including wages,	31075
salaries, or other compensation lost as of the date of a judgment	31076
and future expected lost earnings of the person injured;	31077

(b) All expenditures of the person injured or another person	31078
on behalf of the person injured for medical care or treatment, for	31079
rehabilitation services, or for other care, treatment, services,	31080
products, or accommodations that were necessary because of the	31081
injury;	31082

(c) All expenditures to be incurred in the future, as	31083
determined by the court, by the person injured or another person	31084
on behalf of the person injured for medical care or treatment, for	31085
rehabilitation services, or for other care, treatment, services,	31086
products, or accommodations that will be necessary because of the	31087
injury;	31088

(d) All expenditures of a person whose property was injured	31089
or destroyed or of another person on behalf of the person whose	31090
property was injured or destroyed in order to repair or replace	31091
the property that was injured or destroyed;	31092

(e) All expenditures of the person injured or of the person	31093
whose property was injured or destroyed or of another person on	31094
behalf of the person injured or of the person whose property was	31095
injured or destroyed in relation to the actual preparation or	31096
presentation of the claim involved;	31097

(f) Any other expenditures of the person injured or of the	31098
person whose property was injured or destroyed or of another	31099
person on behalf of the person injured or of the person whose	31100
property was injured or destroyed that the court determines	31101
represent an actual loss experienced because of the personal or	31102
property injury or property loss.	31103

"The actual loss of the person who is awarded the damages"	31104
does not include any fees paid or owed to an attorney for any	31105
services rendered in relation to a personal or property injury or	31106
property loss, and does not include any damages awarded for pain	31107
and suffering, for the loss of society, consortium, companionship,	31108
care, assistance, attention, protection, advice, guidance,	31109
counsel, instruction, training, or education of the person	31110
injured, for mental anguish, or for any other intangible loss.	31111

Sec. 2903.33. As used in sections 2903.33 to 2903.36 of the	31112
Revised Code:	31113

(A) "Care facility" means any of the following:

31114

(1) Any "home" as defined in section 3721.10 or 5111.20 of	31115
the Revised Code;	31116

(2) Any "residential facility" as defined in section 5123.19	31117
of the Revised Code;	31118

(3) Any institution or facility operated or provided by the	31119
department of mental health or by the department of developmental	31120
disabilities pursuant to sections 5119.02 and 5123.03 of the	31121
Revised Code;	31122

(4) Any "residential facility" as defined in section 5119.22	31123
of the Revised Code;	31124

(5) Any unit of any hospital, as defined in section 3701.01	31125
of the Revised Code, that provides the same services as a nursing	31126
home, as defined in section 3721.01 of the Revised Code;	31127

(6) Any institution, residence, or facility that provides,	31128
for a period of more than twenty-four hours, whether for a	31129
consideration or not, accommodations to one individual or two	31130
unrelated individuals who are dependent upon the services of	31131
others;	31132

(7) Any "adult care facility" as defined in section ~~3722.01~~	31133
5119.70 of the Revised Code;	31134

(8) Any adult foster home certified ~~by the department of~~	31135
~~aging or its designee~~ under section ~~173.36~~5119.692 of the Revised	31136
Code.	31137

(B) "Abuse" means knowingly causing physical harm or	31138
recklessly causing serious physical harm to a person by physical	31139
contact with the person or by the inappropriate use of a physical	31140
or chemical restraint, medication, or isolation on the person.	31141

(C)(1) "Gross neglect" means knowingly failing to provide a	31142
person with any treatment, care, goods, or service that is	31143
necessary to maintain the health or safety of the person when the	31144
failure results in physical harm or serious physical harm to the	31145
person.	31146

(2) "Neglect" means recklessly failing to provide a person	31147
with any treatment, care, goods, or service that is necessary to	31148
maintain the health or safety of the person when the failure	31149
results in serious physical harm to the person.	31150

(D) "Inappropriate use of a physical or chemical restraint,	31151
medication, or isolation" means the use of physical or chemical	31152
restraint, medication, or isolation as punishment, for staff	31153
convenience, excessively, as a substitute for treatment, or in	31154
quantities that preclude habilitation and treatment.	31155

Sec. 2919.271. (A)(1)(a) If a defendant is charged with a	31156
violation of section 2919.27 of the Revised Code or of a municipal	31157
ordinance that is substantially similar to that section, the court	31158
may order an evaluation of the mental condition of the defendant	31159
if the court determines that either of the following criteria	31160
apply:	31161

(i) If the alleged violation is a violation of a protection	31162
order issued or consent agreement approved pursuant to section	31163
2919.26 or 3113.31 of the Revised Code, that the violation	31164
allegedly involves conduct by the defendant that caused physical	31165
harm to the person or property of a family or household member	31166
covered by the order or agreement, or conduct by the defendant	31167
that caused a family or household member to believe that the	31168
defendant would cause physical harm to that member or that	31169
member's property.	31170

(ii) If the alleged violation is a violation of a protection	31171
order issued pursuant to section 2903.213 or 2903.214 of the	31172
Revised Code or a protection order issued by a court of another	31173
state, that the violation allegedly involves conduct by the	31174
defendant that caused physical harm to the person or property of	31175
the person covered by the order, or conduct by the defendant that	31176
caused the person covered by the order to believe that the	31177
defendant would cause physical harm to that person or that	31178
person's property.	31179

(b) If a defendant is charged with a violation of section	31180
2903.211 of the Revised Code or of a municipal ordinance that is	31181
substantially similar to that section, the court may order an	31182
evaluation of the mental condition of the defendant.	31183

(2) An evaluation ordered under division (A)(1) of this	31184
section shall be completed no later than thirty days from the date	31185
the order is entered pursuant to that division. In that order, the	31186
court shall do either of the following:	31187

(a) Order that the evaluation of the mental condition of the	31188
defendant be preceded by an examination conducted either by a	31189
forensic center that is designated by the department of mental	31190
health to conduct examinations and make evaluations of defendants	31191
charged with violations of section 2903.211 or 2919.27 of the	31192
Revised Code or of substantially similar municipal ordinances in	31193
the area in which the court is located, or by any other program or	31194
facility that is designated by the department of mental health or	31195
the department of developmental disabilities to conduct	31196
examinations and make evaluations of defendants charged with	31197
violations of section 2903.211 or 2919.27 of the Revised Code or	31198
of substantially similar municipal ordinances, and that is	31199
operated by either department or is certified by either department	31200
as being in compliance with the standards established under	31201
division ~~(I)~~(H) of section 5119.01 of the Revised Code or division	31202
(C) of section 5123.04 of the Revised Code.	31203

(b) Designate a center, program, or facility other than one	31204
designated by the department of mental health or the department of	31205
developmental disabilities, as described in division (A)(2)(a) of	31206
this section, to conduct the evaluation and preceding examination	31207
of the mental condition of the defendant.	31208

Whether the court acts pursuant to division (A)(2)(a) or (b)	31209
of this section, the court may designate examiners other than the	31210
personnel of the center, program, facility, or department involved	31211
to make the evaluation and preceding examination of the mental	31212
condition of the defendant.	31213

(B) If the court considers that additional evaluations of the	31214
mental condition of a defendant are necessary following the	31215
evaluation authorized by division (A) of this section, the court	31216
may order up to two additional similar evaluations. These	31217
evaluations shall be completed no later than thirty days from the	31218
date the applicable court order is entered. If more than one	31219
evaluation of the mental condition of the defendant is ordered	31220
under this division, the prosecutor and the defendant may	31221
recommend to the court an examiner whom each prefers to perform	31222
one of the evaluations and preceding examinations.	31223

(C)(1) The court may order a defendant who has been released	31224
on bail to submit to an examination under division (A) or (B) of	31225
this section. The examination shall be conducted either at the	31226
detention facility in which the defendant would have been confined	31227
if the defendant had not been released on bail, or, if so	31228
specified by the center, program, facility, or examiners involved,	31229
at the premises of the center, program, or facility. Additionally,	31230
the examination shall be conducted at the times established by the	31231
examiners involved. If such a defendant refuses to submit to an	31232
examination or a complete examination as required by the court or	31233
the center, program, facility, or examiners involved, the court	31234
may amend the conditions of the bail of the defendant and order	31235
the sheriff to take the defendant into custody and deliver the	31236
defendant to the detention facility in which the defendant would	31237
have been confined if the defendant had not been released on bail,	31238
or, if so specified by the center, program, facility, or examiners	31239
involved, to the premises of the center, program, or facility, for	31240
purposes of the examination.	31241

(2) A defendant who has not been released on bail shall be	31242
examined at the detention facility in which the defendant is	31243
confined or, if so specified by the center, program, facility, or	31244
examiners involved, at the premises of the center, program, or	31245
facility.	31246

(D) The examiner of the mental condition of a defendant under	31247
division (A) or (B) of this section shall file a written report	31248
with the court within thirty days after the entry of an order for	31249
the evaluation of the mental condition of the defendant. The	31250
report shall contain the findings of the examiner; the facts in	31251
reasonable detail on which the findings are based; the opinion of	31252
the examiner as to the mental condition of the defendant; the	31253
opinion of the examiner as to whether the defendant represents a	31254
substantial risk of physical harm to other persons as manifested	31255
by evidence of recent homicidal or other violent behavior,	31256
evidence of recent threats that placed other persons in reasonable	31257
fear of violent behavior and serious physical harm, or evidence of	31258
present dangerousness; and the opinion of the examiner as to the	31259
types of treatment or counseling that the defendant needs. The	31260
court shall provide copies of the report to the prosecutor and	31261
defense counsel.	31262

(E) The costs of any evaluation and preceding examination of	31263
a defendant that is ordered pursuant to division (A) or (B) of	31264
this section shall be taxed as court costs in the criminal case.	31265

(F) If the examiner considers it necessary in order to make	31266
an accurate evaluation of the mental condition of a defendant, an	31267
examiner under division (A) or (B) of this section may request any	31268
family or household member of the defendant to provide the	31269
examiner with information. A family or household member may, but	31270
is not required to, provide information to the examiner upon	31271
receipt of the request.	31272

(G) As used in this section:

31273

(1) "Bail" includes a recognizance.

31274

(2) "Examiner" means a psychiatrist, a licensed independent	31275
social worker who is employed by a forensic center that is	31276
certified as being in compliance with the standards established	31277
under division ~~(I)~~(H) of section 5119.01 or division (C) of	31278
section 5123.04 of the Revised Code, a licensed professional	31279
clinical counselor who is employed at a forensic center that is	31280
certified as being in compliance with such standards, or a	31281
licensed clinical psychologist, except that in order to be an	31282
examiner, a licensed clinical psychologist shall meet the criteria	31283
of division (I)(1) of section 5122.01 of the Revised Code or be	31284
employed to conduct examinations by the department of mental	31285
health or by a forensic center certified as being in compliance	31286
with the standards established under division ~~(I)~~(H) of section	31287
5119.01 or division (C) of section 5123.04 of the Revised Code	31288
that is designated by the department of mental health.	31289

(3) "Family or household member" has the same meaning as in	31290
section 2919.25 of the Revised Code.	31291

(4) "Prosecutor" has the same meaning as in section 2935.01	31292
of the Revised Code.	31293

(5) "Psychiatrist" and "licensed clinical psychologist" have	31294
the same meanings as in section 5122.01 of the Revised Code.	31295

(6) "Protection order issued by a court of another state" has	31296
the same meaning as in section 2919.27 of the Revised Code.	31297

Sec. 2929.14. (A) Except as provided in division (C),	31298
(D)(1), (D)(2), (D)(3), (D)(4), (D)(5), (D)(6), (D)(7), (D)(8),	31299
(G), (I), (J), or (L) of this section or in division (D)(6) of	31300
section 2919.25 of the Revised Code and except in relation to an	31301
offense for which a sentence of death or life imprisonment is to	31302
be imposed, if the court imposing a sentence upon an offender for	31303
a felony elects or is required to impose a prison term on the	31304
offender pursuant to this chapter, the court shall impose a	31305
definite prison term that shall be one of the following:	31306

(1) For a felony of the first degree, the prison term shall	31307
be three, four, five, six, seven, eight, nine, or ten years.	31308

(2) For a felony of the second degree, the prison term shall	31309
be two, three, four, five, six, seven, or eight years.	31310

(3) For a felony of the third degree, the prison term shall	31311
be one, two, three, four, or five years.	31312

(4) For a felony of the fourth degree, the prison term shall	31313
be six, seven, eight, nine, ten, eleven, twelve, thirteen,	31314
fourteen, fifteen, sixteen, seventeen, or eighteen months.	31315

(5) For a felony of the fifth degree, the prison term shall	31316
be six, seven, eight, nine, ten, eleven, or twelve months.	31317

(B) ~~Except as provided in division (C), (D)(1), (D)(2),~~	31318
~~(D)(3), (D)(5), (D)(6), (D)(7), (D)(8), (G), (I), (J), or (L) of~~	31319
~~this section, in section 2907.02, 2907.05, or 2919.25 of the~~	31320
~~Revised Code, or in Chapter 2925. of the Revised Code, if the~~	31321
~~court imposing a sentence upon an offender for a felony elects or~~	31322
~~is required to impose a prison term on the offender, the court~~	31323
~~shall impose the shortest prison term authorized for the offense~~	31324
~~pursuant to division (A) of this section, unless one or more of~~	31325
~~the following applies:~~	31326

~~(1) The offender was serving a prison term at the time of the~~	31327
~~offense, or the offender previously had served a prison term.~~	31328

~~(2) The court finds on the record that the shortest prison~~	31329
~~term will demean the seriousness of the offender's conduct or will~~	31330
~~not adequately protect the public from future crime by the~~	31331
~~offender or others.~~Except as provided in division (C), (D)(1),	31332
(D)(2), (D)(3), (D)(5), (D)(6), (G), (I), (J), (L), or (M) of this	31333
section, in section 2907.02, 2907.05, or 2919.25 of the Revised	31334
Code, or in Chapter 2925. of the Revised Code, if the court	31335
imposing a sentence upon an offender for a felony elects or is	31336
required to impose a prison term on the offender, the court shall	31337
impose the shortest prison term authorized for the offense	31338
pursuant to division (A) of this section, unless one or more of	31339
the following applies:	31340

(1) The offender was serving a prison term at the time of the	31341
offense, or the offender previously had served a prison term.	31342

(2) The court finds on the record that the shortest prison	31343
term will demean the seriousness of the offender's conduct or will	31344
not adequately protect the public from future crime by the	31345
offender or others.	31346

(C) ~~Except as provided in division (D)(7), (D)(8), (G), or~~	31347
~~(L) of this section, in section 2919.25 of the Revised Code, or in~~	31348
~~Chapter 2925. of the Revised Code, the court imposing a sentence~~	31349
~~upon an offender for a felony may impose the longest prison term~~	31350
~~authorized for the offense pursuant to division (A) of this~~	31351
~~section only upon offenders who committed the worst forms of the~~	31352
~~offense, upon offenders who pose the greatest likelihood of~~	31353
~~committing future crimes, upon certain major drug offenders under~~	31354
~~division (D)(3) of this section, and upon certain repeat violent~~	31355
~~offenders in accordance with division (D)(2) of this section.~~	31356
Except as provided in division (D)(7), (D)(8), (G), (L), or (M) of	31357
this section, in section 2919.25 of the Revised Code, or in	31358
Chapter 2925. of the Revised Code, the court imposing a sentence	31359
upon an offender for a felony may impose the longest prison term	31360
authorized for the offense pursuant to division (A) of this	31361
section only upon offenders who committed the worst forms of the	31362
offense, upon offenders who pose the greatest likelihood of	31363
committing future crimes, upon certain major drug offenders under	31364
division (D)(3) of this section, and upon certain repeat violent	31365
offenders in accordance with division (D)(2) of this section.	31366

(D)(1)(a) Except as provided in division (D)(1)(e) of this	31367
section, if an offender who is convicted of or pleads guilty to a	31368
felony also is convicted of or pleads guilty to a specification of	31369
the type described in section 2941.141, 2941.144, or 2941.145 of	31370
the Revised Code, the court shall impose on the offender one of	31371
the following prison terms:	31372

(i) A prison term of six years if the specification is of the	31373
type described in section 2941.144 of the Revised Code that	31374
charges the offender with having a firearm that is an automatic	31375
firearm or that was equipped with a firearm muffler or silencer on	31376
or about the offender's person or under the offender's control	31377
while committing the felony;	31378

(ii) A prison term of three years if the specification is of	31379
the type described in section 2941.145 of the Revised Code that	31380
charges the offender with having a firearm on or about the	31381
offender's person or under the offender's control while committing	31382
the offense and displaying the firearm, brandishing the firearm,	31383
indicating that the offender possessed the firearm, or using it to	31384
facilitate the offense;	31385

(iii) A prison term of one year if the specification is of	31386
the type described in section 2941.141 of the Revised Code that	31387
charges the offender with having a firearm on or about the	31388
offender's person or under the offender's control while committing	31389
the felony.	31390

(b) If a court imposes a prison term on an offender under	31391
division (D)(1)(a) of this section, the prison term shall not be	31392
reduced pursuant to section 2929.20, section 2967.193, or any	31393
other provision of Chapter 2967. or Chapter 5120. of the Revised	31394
Code. Except as provided in division (D)(1)(g) of this section, a	31395
court shall not impose more than one prison term on an offender	31396
under division (D)(1)(a) of this section for felonies committed as	31397
part of the same act or transaction.	31398

(c) Except as provided in division (D)(1)(e) of this section,	31399
if an offender who is convicted of or pleads guilty to a violation	31400
of section 2923.161 of the Revised Code or to a felony that	31401
includes, as an essential element, purposely or knowingly causing	31402
or attempting to cause the death of or physical harm to another,	31403
also is convicted of or pleads guilty to a specification of the	31404
type described in section 2941.146 of the Revised Code that	31405
charges the offender with committing the offense by discharging a	31406
firearm from a motor vehicle other than a manufactured home, the	31407
court, after imposing a prison term on the offender for the	31408
violation of section 2923.161 of the Revised Code or for the other	31409
felony offense under division (A), (D)(2), or (D)(3) of this	31410
section, shall impose an additional prison term of five years upon	31411
the offender that shall not be reduced pursuant to section	31412
2929.20, section 2967.193, or any other provision of Chapter 2967.	31413
or Chapter 5120. of the Revised Code. A court shall not impose	31414
more than one additional prison term on an offender under division	31415
(D)(1)(c) of this section for felonies committed as part of the	31416
same act or transaction. If a court imposes an additional prison	31417
term on an offender under division (D)(1)(c) of this section	31418
relative to an offense, the court also shall impose a prison term	31419
under division (D)(1)(a) of this section relative to the same	31420
offense, provided the criteria specified in that division for	31421
imposing an additional prison term are satisfied relative to the	31422
offender and the offense.	31423

(d) If an offender who is convicted of or pleads guilty to an	31424
offense of violence that is a felony also is convicted of or	31425
pleads guilty to a specification of the type described in section	31426
2941.1411 of the Revised Code that charges the offender with	31427
wearing or carrying body armor while committing the felony offense	31428
of violence, the court shall impose on the offender a prison term	31429
of two years. The prison term so imposed shall not be reduced	31430
pursuant to section 2929.20, section 2967.193, or any other	31431
provision of Chapter 2967. or Chapter 5120. of the Revised Code. A	31432
court shall not impose more than one prison term on an offender	31433
under division (D)(1)(d) of this section for felonies committed as	31434
part of the same act or transaction. If a court imposes an	31435
additional prison term under division (D)(1)(a) or (c) of this	31436
section, the court is not precluded from imposing an additional	31437
prison term under division (D)(1)(d) of this section.	31438

(e) The court shall not impose any of the prison terms	31439
described in division (D)(1)(a) of this section or any of the	31440
additional prison terms described in division (D)(1)(c) of this	31441
section upon an offender for a violation of section 2923.12 or	31442
2923.123 of the Revised Code. The court shall not impose any of	31443
the prison terms described in division (D)(1)(a) or (b) of this	31444
section upon an offender for a violation of section 2923.122 that	31445
involves a deadly weapon that is a firearm other than a dangerous	31446
ordnance, section 2923.16, or section 2923.121 of the Revised	31447
Code. The court shall not impose any of the prison terms described	31448
in division (D)(1)(a) of this section or any of the additional	31449
prison terms described in division (D)(1)(c) of this section upon	31450
an offender for a violation of section 2923.13 of the Revised Code	31451
unless all of the following apply:	31452

(i) The offender previously has been convicted of aggravated	31453
murder, murder, or any felony of the first or second degree.	31454

(ii) Less than five years have passed since the offender was	31455
released from prison or post-release control, whichever is later,	31456
for the prior offense.	31457

(f) If an offender is convicted of or pleads guilty to a	31458
felony that includes, as an essential element, causing or	31459
attempting to cause the death of or physical harm to another and	31460
also is convicted of or pleads guilty to a specification of the	31461
type described in section 2941.1412 of the Revised Code that	31462
charges the offender with committing the offense by discharging a	31463
firearm at a peace officer as defined in section 2935.01 of the	31464
Revised Code or a corrections officer, as defined in section	31465
2941.1412 of the Revised Code, the court, after imposing a prison	31466
term on the offender for the felony offense under division (A),	31467
(D)(2), or (D)(3) of this section, shall impose an additional	31468
prison term of seven years upon the offender that shall not be	31469
reduced pursuant to section 2929.20, section 2967.193, or any	31470
other provision of Chapter 2967. or Chapter 5120. of the Revised	31471
Code. If an offender is convicted of or pleads guilty to two or	31472
more felonies that include, as an essential element, causing or	31473
attempting to cause the death or physical harm to another and also	31474
is convicted of or pleads guilty to a specification of the type	31475
described under division (D)(1)(f) of this section in connection	31476
with two or more of the felonies of which the offender is	31477
convicted or to which the offender pleads guilty, the sentencing	31478
court shall impose on the offender the prison term specified under	31479
division (D)(1)(f) of this section for each of two of the	31480
specifications of which the offender is convicted or to which the	31481
offender pleads guilty and, in its discretion, also may impose on	31482
the offender the prison term specified under that division for any	31483
or all of the remaining specifications. If a court imposes an	31484
additional prison term on an offender under division (D)(1)(f) of	31485
this section relative to an offense, the court shall not impose a	31486
prison term under division (D)(1)(a) or (c) of this section	31487
relative to the same offense.	31488

(g) If an offender is convicted of or pleads guilty to two or	31489
more felonies, if one or more of those felonies isare aggravated	31490
murder, murder, attempted aggravated murder, attempted murder,	31491
aggravated robbery, felonious assault, or rape, and if the	31492
offender is convicted of or pleads guilty to a specification of	31493
the type described under division (D)(1)(a) of this section in	31494
connection with two or more of the felonies, the sentencing court	31495
shall impose on the offender the prison term specified under	31496
division (D)(1)(a) of this section for each of the two most	31497
serious specifications of which the offender is convicted or to	31498
which the offender pleads guilty and, in its discretion, also may	31499
impose on the offender the prison term specified under that	31500
division for any or all of the remaining specifications.	31501

(2)(a) If division (D)(2)(b) of this section does not apply,	31502
the court may impose on an offender, in addition to the longest	31503
prison term authorized or required for the offense, an additional	31504
definite prison term of one, two, three, four, five, six, seven,	31505
eight, nine, or ten years if all of the following criteria are	31506
met:	31507

(i) The offender is convicted of or pleads guilty to a	31508
specification of the type described in section 2941.149 of the	31509
Revised Code that the offender is a repeat violent offender.	31510

(ii) The offense of which the offender currently is convicted	31511
or to which the offender currently pleads guilty is aggravated	31512
murder and the court does not impose a sentence of death or life	31513
imprisonment without parole, murder, terrorism and the court does	31514
not impose a sentence of life imprisonment without parole, any	31515
felony of the first degree that is an offense of violence and the	31516
court does not impose a sentence of life imprisonment without	31517
parole, or any felony of the second degree that is an offense of	31518
violence and the trier of fact finds that the offense involved an	31519
attempt to cause or a threat to cause serious physical harm to a	31520
person or resulted in serious physical harm to a person.	31521

(iii) The court imposes the longest prison term for the	31522
offense that is not life imprisonment without parole.	31523

(iv) The court finds that the prison terms imposed pursuant	31524
to division (D)(2)(a)(iii) of this section and, if applicable,	31525
division (D)(1) or (3) of this section are inadequate to punish	31526
the offender and protect the public from future crime, because the	31527
applicable factors under section 2929.12 of the Revised Code	31528
indicating a greater likelihood of recidivism outweigh the	31529
applicable factors under that section indicating a lesser	31530
likelihood of recidivism.	31531

(v) The court finds that the prison terms imposed pursuant to	31532
division (D)(2)(a)(iii) of this section and, if applicable,	31533
division (D)(1) or (3) of this section are demeaning to the	31534
seriousness of the offense, because one or more of the factors	31535
under section 2929.12 of the Revised Code indicating that the	31536
offender's conduct is more serious than conduct normally	31537
constituting the offense are present, and they outweigh the	31538
applicable factors under that section indicating that the	31539
offender's conduct is less serious than conduct normally	31540
constituting the offense.	31541

(b) The court shall impose on an offender the longest prison	31542
term authorized or required for the offense and shall impose on	31543
the offender an additional definite prison term of one, two,	31544
three, four, five, six, seven, eight, nine, or ten years if all of	31545
the following criteria are met:	31546

(i) The offender is convicted of or pleads guilty to a	31547
specification of the type described in section 2941.149 of the	31548
Revised Code that the offender is a repeat violent offender.	31549

(ii) The offender within the preceding twenty years has been	31550
convicted of or pleaded guilty to three or more offenses described	31551
in division (CC)(1) of section 2929.01 of the Revised Code,	31552
including all offenses described in that division of which the	31553
offender is convicted or to which the offender pleads guilty in	31554
the current prosecution and all offenses described in that	31555
division of which the offender previously has been convicted or to	31556
which the offender previously pleaded guilty, whether prosecuted	31557
together or separately.	31558

(iii) The offense or offenses of which the offender currently	31559
is convicted or to which the offender currently pleads guilty is	31560
aggravated murder and the court does not impose a sentence of	31561
death or life imprisonment without parole, murder, terrorism and	31562
the court does not impose a sentence of life imprisonment without	31563
parole, any felony of the first degree that is an offense of	31564
violence and the court does not impose a sentence of life	31565
imprisonment without parole, or any felony of the second degree	31566
that is an offense of violence and the trier of fact finds that	31567
the offense involved an attempt to cause or a threat to cause	31568
serious physical harm to a person or resulted in serious physical	31569
harm to a person.	31570

(c) For purposes of division (D)(2)(b) of this section, two	31571
or more offenses committed at the same time or as part of the same	31572
act or event shall be considered one offense, and that one offense	31573
shall be the offense with the greatest penalty.	31574

(d) A sentence imposed under division (D)(2)(a) or (b) of	31575
this section shall not be reduced pursuant to section 2929.20 or	31576
section 2967.193, or any other provision of Chapter 2967. or	31577
Chapter 5120. of the Revised Code. The offender shall serve an	31578
additional prison term imposed under this section consecutively to	31579
and prior to the prison term imposed for the underlying offense.	31580

(e) When imposing a sentence pursuant to division (D)(2)(a)	31581
or (b) of this section, the court shall state its findings	31582
explaining the imposed sentence.	31583

(3)(a) Except when an offender commits a violation of section	31584
2903.01 or 2907.02 of the Revised Code and the penalty imposed for	31585
the violation is life imprisonment or commits a violation of	31586
section 2903.02 of the Revised Code, if the offender commits a	31587
violation of section 2925.03 or 2925.11 of the Revised Code and	31588
that section classifies the offender as a major drug offender and	31589
requires the imposition of a ten-year prison term on the offender,	31590
if the offender commits a felony violation of section 2925.02,	31591
2925.04, 2925.05, 2925.36, 3719.07, 3719.08, 3719.16, 3719.161,	31592
4729.37, or 4729.61, division (C) or (D) of section 3719.172,	31593
division (C) of section 4729.51, or division (J) of section	31594
4729.54 of the Revised Code that includes the sale, offer to sell,	31595
or possession of a schedule I or II controlled substance, with the	31596
exception of marihuana, and the court imposing sentence upon the	31597
offender finds that the offender is guilty of a specification of	31598
the type described in section 2941.1410 of the Revised Code	31599
charging that the offender is a major drug offender, if the court	31600
imposing sentence upon an offender for a felony finds that the	31601
offender is guilty of corrupt activity with the most serious	31602
offense in the pattern of corrupt activity being a felony of the	31603
first degree, or if the offender is guilty of an attempted	31604
violation of section 2907.02 of the Revised Code and, had the	31605
offender completed the violation of section 2907.02 of the Revised	31606
Code that was attempted, the offender would have been subject to a	31607
sentence of life imprisonment or life imprisonment without parole	31608
for the violation of section 2907.02 of the Revised Code, the	31609
court shall impose upon the offender for the felony violation a	31610
ten-year prison term that cannot be reduced pursuant to section	31611
2929.20 or Chapter 2967. or 5120. of the Revised Code.	31612

(b) ~~The court imposing a prison term on an offender under~~	31613
~~division (D)(3)(a) of this section may impose an additional prison~~	31614
~~term of one, two, three, four, five, six, seven, eight, nine, or~~	31615
~~ten years, if the court, with respect to the term imposed under~~	31616
~~division (D)(3)(a) of this section and, if applicable, divisions~~	31617
~~(D)(1) and (2) of this section, makes both of the findings set~~	31618
~~forth in divisions (D)(2)(a)(iv) and (v) of this section.~~The	31619
court imposing a prison term on an offender under division	31620
(D)(3)(a) of this section may impose an additional prison term of	31621
one, two, three, four, five, six, seven, eight, nine, or ten	31622
years, if the court, with respect to the term imposed under	31623
division (D)(3)(a) of this section and, if applicable, divisions	31624
(D)(1) and (2) of this section, makes both of the findings set	31625
forth in divisions (D)(2)(a)(iv) and (v) of this section.	31626

(4) If the offender is being sentenced for a third or fourth	31627
degree felony OVI offense under division (G)(2) of section 2929.13	31628
of the Revised Code, the sentencing court shall impose upon the	31629
offender a mandatory prison term in accordance with that division.	31630
In addition to the mandatory prison term, if the offender is being	31631
sentenced for a fourth degree felony OVI offense, the court,	31632
notwithstanding division (A)(4) of this section, may sentence the	31633
offender to a definite prison term of not less than six months and	31634
not more than thirty months, and if the offender is being	31635
sentenced for a third degree felony OVI offense, the sentencing	31636
court may sentence the offender to an additional prison term of	31637
any duration specified in division (A)(3) of this section. In	31638
either case, the additional prison term imposed shall be reduced	31639
by the sixty or one hundred twenty days imposed upon the offender	31640
as the mandatory prison term. The total of the additional prison	31641
term imposed under division (D)(4) of this section plus the sixty	31642
or one hundred twenty days imposed as the mandatory prison term	31643
shall equal a definite term in the range of six months to thirty	31644
months for a fourth degree felony OVI offense and shall equal one	31645
of the authorized prison terms specified in division (A)(3) of	31646
this section for a third degree felony OVI offense. If the court	31647
imposes an additional prison term under division (D)(4) of this	31648
section, the offender shall serve the additional prison term after	31649
the offender has served the mandatory prison term required for the	31650
offense. In addition to the mandatory prison term or mandatory and	31651
additional prison term imposed as described in division (D)(4) of	31652
this section, the court also may sentence the offender to a	31653
community control sanction under section 2929.16 or 2929.17 of the	31654
Revised Code, but the offender shall serve all of the prison terms	31655
so imposed prior to serving the community control sanction.	31656

If the offender is being sentenced for a fourth degree felony	31657
OVI offense under division (G)(1) of section 2929.13 of the	31658
Revised Code and the court imposes a mandatory term of local	31659
incarceration, the court may impose a prison term as described in	31660
division (A)(1) of that section.	31661

(5) If an offender is convicted of or pleads guilty to a	31662
violation of division (A)(1) or (2) of section 2903.06 of the	31663
Revised Code and also is convicted of or pleads guilty to a	31664
specification of the type described in section 2941.1414 of the	31665
Revised Code that charges that the victim of the offense is a	31666
peace officer, as defined in section 2935.01 of the Revised Code,	31667
or an investigator of the bureau of criminal identification and	31668
investigation, as defined in section 2903.11 of the Revised Code,	31669
the court shall impose on the offender a prison term of five	31670
years. If a court imposes a prison term on an offender under	31671
division (D)(5) of this section, the prison term shall not be	31672
reduced pursuant to section 2929.20, section 2967.193, or any	31673
other provision of Chapter 2967. or Chapter 5120. of the Revised	31674
Code. A court shall not impose more than one prison term on an	31675
offender under division (D)(5) of this section for felonies	31676
committed as part of the same act.	31677

(6) If an offender is convicted of or pleads guilty to a	31678
violation of division (A)(1) or (2) of section 2903.06 of the	31679
Revised Code and also is convicted of or pleads guilty to a	31680
specification of the type described in section 2941.1415 of the	31681
Revised Code that charges that the offender previously has been	31682
convicted of or pleaded guilty to three or more violations of	31683
division (A) or (B) of section 4511.19 of the Revised Code or an	31684
equivalent offense, as defined in section 2941.1415 of the Revised	31685
Code, or three or more violations of any combination of those	31686
divisions and offenses, the court shall impose on the offender a	31687
prison term of three years. If a court imposes a prison term on an	31688
offender under division (D)(6) of this section, the prison term	31689
shall not be reduced pursuant to section 2929.20, section	31690
2967.193, or any other provision of Chapter 2967. or Chapter 5120.	31691
of the Revised Code. A court shall not impose more than one prison	31692
term on an offender under division (D)(6) of this section for	31693
felonies committed as part of the same act.	31694

(7)(a) If an offender is convicted of or pleads guilty to a	31695
felony violation of section 2905.01, 2905.02, 2907.21, 2907.22, or	31696
2923.32, division (A)(1) or (2) of section 2907.323, or division	31697
(B)(1), (2), (3), (4), or (5) of section 2919.22 of the Revised	31698
Code and also is convicted of or pleads guilty to a specification	31699
of the type described in section 2941.1422 of the Revised Code	31700
that charges that the offender knowingly committed the offense in	31701
furtherance of human trafficking, the court shall impose on the	31702
offender a mandatory prison term that is one of the following:	31703

(i) If the offense is a felony of the first degree, a	31704
definite prison term of not less than five years and not greater	31705
than ten years;	31706

(ii) If the offense is a felony of the second or third	31707
degree, a definite prison term of not less than three years and	31708
not greater than the maximum prison term allowed for the offense	31709
by division (A) of section 2929.14 of the Revised Code;	31710

(iii) If the offense is a felony of the fourth or fifth	31711
degree, a definite prison term that is the maximum prison term	31712
allowed for the offense by division (A) of section 2929.14 of the	31713
Revised Code.	31714

(b) The prison term imposed under division (D)(7)(a) of this	31715
section shall not be reduced pursuant to section 2929.20, section	31716
2967.193, or any other provision of Chapter 2967. of the Revised	31717
Code. A court shall not impose more than one prison term on an	31718
offender under division (D)(7)(a) of this section for felonies	31719
committed as part of the same act, scheme, or plan.	31720

(8) If an offender is convicted of or pleads guilty to a	31721
felony violation of section 2903.11, 2903.12, or 2903.13 of the	31722
Revised Code and also is convicted of or pleads guilty to a	31723
specification of the type described in section 2941.1423 of the	31724
Revised Code that charges that the victim of the violation was a	31725
woman whom the offender knew was pregnant at the time of the	31726
violation, notwithstanding the range of prison terms prescribed in	31727
division (A) of this section for felonies of the same degree as	31728
the violation, the court shall impose on the offender a mandatory	31729
prison term that is either a definite prison term of six months or	31730
one of the prison terms prescribed in section 2929.14 of the	31731
Revised Code for felonies of the same degree as the violation.	31732

(E)(1)(a) Subject to division (E)(1)(b) of this section, if a	31733
mandatory prison term is imposed upon an offender pursuant to	31734
division (D)(1)(a) of this section for having a firearm on or	31735
about the offender's person or under the offender's control while	31736
committing a felony, if a mandatory prison term is imposed upon an	31737
offender pursuant to division (D)(1)(c) of this section for	31738
committing a felony specified in that division by discharging a	31739
firearm from a motor vehicle, or if both types of mandatory prison	31740
terms are imposed, the offender shall serve any mandatory prison	31741
term imposed under either division consecutively to any other	31742
mandatory prison term imposed under either division or under	31743
division (D)(1)(d) of this section, consecutively to and prior to	31744
any prison term imposed for the underlying felony pursuant to	31745
division (A), (D)(2), or (D)(3) of this section or any other	31746
section of the Revised Code, and consecutively to any other prison	31747
term or mandatory prison term previously or subsequently imposed	31748
upon the offender.	31749

(b) If a mandatory prison term is imposed upon an offender	31750
pursuant to division (D)(1)(d) of this section for wearing or	31751
carrying body armor while committing an offense of violence that	31752
is a felony, the offender shall serve the mandatory term so	31753
imposed consecutively to any other mandatory prison term imposed	31754
under that division or under division (D)(1)(a) or (c) of this	31755
section, consecutively to and prior to any prison term imposed for	31756
the underlying felony under division (A), (D)(2), or (D)(3) of	31757
this section or any other section of the Revised Code, and	31758
consecutively to any other prison term or mandatory prison term	31759
previously or subsequently imposed upon the offender.	31760

(c) If a mandatory prison term is imposed upon an offender	31761
pursuant to division (D)(1)(f) of this section, the offender shall	31762
serve the mandatory prison term so imposed consecutively to and	31763
prior to any prison term imposed for the underlying felony under	31764
division (A), (D)(2), or (D)(3) of this section or any other	31765
section of the Revised Code, and consecutively to any other prison	31766
term or mandatory prison term previously or subsequently imposed	31767
upon the offender.	31768

(d) If a mandatory prison term is imposed upon an offender	31769
pursuant to division (D)(7) or (8) of this section, the offender	31770
shall serve the mandatory prison term so imposed consecutively to	31771
any other mandatory prison term imposed under that division or	31772
under any other provision of law and consecutively to any other	31773
prison term or mandatory prison term previously or subsequently	31774
imposed upon the offender.	31775

(2) If an offender who is an inmate in a jail, prison, or	31776
other residential detention facility violates section 2917.02,	31777
2917.03, 2921.34, or 2921.35 of the Revised Code, if an offender	31778
who is under detention at a detention facility commits a felony	31779
violation of section 2923.131 of the Revised Code, or if an	31780
offender who is an inmate in a jail, prison, or other residential	31781
detention facility or is under detention at a detention facility	31782
commits another felony while the offender is an escapee in	31783
violation of section 2921.34 of the Revised Code, any prison term	31784
imposed upon the offender for one of those violations shall be	31785
served by the offender consecutively to the prison term or term of	31786
imprisonment the offender was serving when the offender committed	31787
that offense and to any other prison term previously or	31788
subsequently imposed upon the offender.	31789

(3) If a prison term is imposed for a violation of division	31790
(B) of section 2911.01 of the Revised Code, a violation of	31791
division (A) of section 2913.02 of the Revised Code in which the	31792
stolen property is a firearm or dangerous ordnance, or a felony	31793
violation of division (B) of section 2921.331 of the Revised Code,	31794
the offender shall serve that prison term consecutively to any	31795
other prison term or mandatory prison term previously or	31796
subsequently imposed upon the offender.	31797

(4) ~~If multiple prison terms are imposed on an offender for~~	31798
~~convictions of multiple offenses, the court may require the~~	31799
~~offender to serve the prison terms consecutively if the court~~	31800
~~finds that the consecutive service is necessary to protect the~~	31801
~~public from future crime or to punish the offender and that~~	31802
~~consecutive sentences are not disproportionate to the seriousness~~	31803
~~of the offender's conduct and to the danger the offender poses to~~	31804
~~the public, and if the court also finds any of the following:~~	31805

~~(a) The offender committed one or more of the multiple~~	31806
~~offenses while the offender was awaiting trial or sentencing, was~~	31807
~~under a sanction imposed pursuant to section 2929.16, 2929.17, or~~	31808
~~2929.18 of the Revised Code, or was under post-release control for~~	31809
~~a prior offense.~~	31810

~~(b) At least two of the multiple offenses were committed as~~	31811
~~part of one or more courses of conduct, and the harm caused by two~~	31812
~~or more of the multiple offenses so committed was so great or~~	31813
~~unusual that no single prison term for any of the offenses~~	31814
~~committed as part of any of the courses of conduct adequately~~	31815
~~reflects the seriousness of the offender's conduct.~~	31816

~~(c) The offender's history of criminal conduct demonstrates~~	31817
~~that consecutive sentences are necessary to protect the public~~	31818
~~from future crime by the offender.~~If multiple prison terms are	31819
imposed on an offender for convictions of multiple offenses, the	31820
court may require the offender to serve the prison terms	31821
consecutively if the court finds that the consecutive service is	31822
necessary to protect the public from future crime or to punish the	31823
offender and that consecutive sentences are not disproportionate	31824
to the seriousness of the offender's conduct and to the danger the	31825
offender poses to the public, and if the court also finds any of	31826
the following:	31827

(a) The offender committed one or more of the multiple	31828
offenses while the offender was awaiting trial or sentencing, was	31829
under a sanction imposed pursuant to section 2929.16, 2929.17, or	31830
2929.18 of the Revised Code, or was under post-release control for	31831
a prior offense.	31832

(b) At least two of the multiple offenses were committed as	31833
part of one or more courses of conduct, and the harm caused by two	31834
or more of the multiple offenses so committed was so great or	31835
unusual that no single prison term for any of the offenses	31836
committed as part of any of the courses of conduct adequately	31837
reflects the seriousness of the offender's conduct.	31838

(c) The offender's history of criminal conduct demonstrates	31839
that consecutive sentences are necessary to protect the public	31840
from future crime by the offender.	31841

(5) If a mandatory prison term is imposed upon an offender	31842
pursuant to division (D)(5) or (6) of this section, the offender	31843
shall serve the mandatory prison term consecutively to and prior	31844
to any prison term imposed for the underlying violation of	31845
division (A)(1) or (2) of section 2903.06 of the Revised Code	31846
pursuant to division (A) of this section or section 2929.142 of	31847
the Revised Code. If a mandatory prison term is imposed upon an	31848
offender pursuant to division (D)(5) of this section, and if a	31849
mandatory prison term also is imposed upon the offender pursuant	31850
to division (D)(6) of this section in relation to the same	31851
violation, the offender shall serve the mandatory prison term	31852
imposed pursuant to division (D)(5) of this section consecutively	31853
to and prior to the mandatory prison term imposed pursuant to	31854
division (D)(6) of this section and consecutively to and prior to	31855
any prison term imposed for the underlying violation of division	31856
(A)(1) or (2) of section 2903.06 of the Revised Code pursuant to	31857
division (A) of this section or section 2929.142 of the Revised	31858
Code.	31859

(6) When consecutive prison terms are imposed pursuant to	31860
division (E)(1), (2), (3), (4), or (5) or division (J)(1) or (2)	31861
of this section, the term to be served is the aggregate of all of	31862
the terms so imposed.	31863

(F)(1) If a court imposes a prison term for a felony of the	31864
first degree, for a felony of the second degree, for a felony sex	31865
offense, or for a felony of the third degree that is not a felony	31866
sex offense and in the commission of which the offender caused or	31867
threatened to cause physical harm to a person, it shall include in	31868
the sentence a requirement that the offender be subject to a	31869
period of post-release control after the offender's release from	31870
imprisonment, in accordance with that division. If a court imposes	31871
a sentence including a prison term of a type described in this	31872
division on or after July 11, 2006, the failure of a court to	31873
include a post-release control requirement in the sentence	31874
pursuant to this division does not negate, limit, or otherwise	31875
affect the mandatory period of post-release control that is	31876
required for the offender under division (B) of section 2967.28 of	31877
the Revised Code. Section 2929.191 of the Revised Code applies if,	31878
prior to July 11, 2006, a court imposed a sentence including a	31879
prison term of a type described in this division and failed to	31880
include in the sentence pursuant to this division a statement	31881
regarding post-release control.	31882

(2) If a court imposes a prison term for a felony of the	31883
third, fourth, or fifth degree that is not subject to division	31884
(F)(1) of this section, it shall include in the sentence a	31885
requirement that the offender be subject to a period of	31886
post-release control after the offender's release from	31887
imprisonment, in accordance with that division, if the parole	31888
board determines that a period of post-release control is	31889
necessary. Section 2929.191 of the Revised Code applies if, prior	31890
to July 11, 2006, a court imposed a sentence including a prison	31891
term of a type described in this division and failed to include in	31892
the sentence pursuant to this division a statement regarding	31893
post-release control.	31894

(G) The court shall impose sentence upon the offender in	31895
accordance with section 2971.03 of the Revised Code, and Chapter	31896
2971. of the Revised Code applies regarding the prison term or	31897
term of life imprisonment without parole imposed upon the offender	31898
and the service of that term of imprisonment if any of the	31899
following apply:	31900

(1) A person is convicted of or pleads guilty to a violent	31901
sex offense or a designated homicide, assault, or kidnapping	31902
offense, and, in relation to that offense, the offender is	31903
adjudicated a sexually violent predator.	31904

(2) A person is convicted of or pleads guilty to a violation	31905
of division (A)(1)(b) of section 2907.02 of the Revised Code	31906
committed on or after January 2, 2007, and either the court does	31907
not impose a sentence of life without parole when authorized	31908
pursuant to division (B) of section 2907.02 of the Revised Code,	31909
or division (B) of section 2907.02 of the Revised Code provides	31910
that the court shall not sentence the offender pursuant to section	31911
2971.03 of the Revised Code.	31912

(3) A person is convicted of or pleads guilty to attempted	31913
rape committed on or after January 2, 2007, and a specification of	31914
the type described in section 2941.1418, 2941.1419, or 2941.1420	31915
of the Revised Code.	31916

(4) A person is convicted of or pleads guilty to a violation	31917
of section 2905.01 of the Revised Code committed on or after	31918
January 1, 2008, and that section requires the court to sentence	31919
the offender pursuant to section 2971.03 of the Revised Code.	31920

(5) A person is convicted of or pleads guilty to aggravated	31921
murder committed on or after January 1, 2008, and division	31922
(A)(2)(b)(ii) of section 2929.022, division (A)(1)(e),	31923
(C)(1)(a)(v), (C)(2)(a)(ii), (D)(2)(b), (D)(3)(a)(iv), or	31924
(E)(1)(d) of section 2929.03, or division (A) or (B) of section	31925
2929.06 of the Revised Code requires the court to sentence the	31926
offender pursuant to division (B)(3) of section 2971.03 of the	31927
Revised Code.	31928

(6) A person is convicted of or pleads guilty to murder	31929
committed on or after January 1, 2008, and division (B)(2) of	31930
section 2929.02 of the Revised Code requires the court to sentence	31931
the offender pursuant to section 2971.03 of the Revised Code.	31932

(H) If a person who has been convicted of or pleaded guilty	31933
to a felony is sentenced to a prison term or term of imprisonment	31934
under this section, sections 2929.02 to 2929.06 of the Revised	31935
Code, section 2929.142 of the Revised Code, section 2971.03 of the	31936
Revised Code, or any other provision of law, section 5120.163 of	31937
the Revised Code applies regarding the person while the person is	31938
confined in a state correctional institution.	31939

(I) If an offender who is convicted of or pleads guilty to a	31940
felony that is an offense of violence also is convicted of or	31941
pleads guilty to a specification of the type described in section	31942
2941.142 of the Revised Code that charges the offender with having	31943
committed the felony while participating in a criminal gang, the	31944
court shall impose upon the offender an additional prison term of	31945
one, two, or three years.	31946

(J)(1) If an offender who is convicted of or pleads guilty to	31947
aggravated murder, murder, or a felony of the first, second, or	31948
third degree that is an offense of violence also is convicted of	31949
or pleads guilty to a specification of the type described in	31950
section 2941.143 of the Revised Code that charges the offender	31951
with having committed the offense in a school safety zone or	31952
towards a person in a school safety zone, the court shall impose	31953
upon the offender an additional prison term of two years. The	31954
offender shall serve the additional two years consecutively to and	31955
prior to the prison term imposed for the underlying offense.	31956

(2)(a) If an offender is convicted of or pleads guilty to a	31957
felony violation of section 2907.22, 2907.24, 2907.241, or 2907.25	31958
of the Revised Code and to a specification of the type described	31959
in section 2941.1421 of the Revised Code and if the court imposes	31960
a prison term on the offender for the felony violation, the court	31961
may impose upon the offender an additional prison term as follows:	31962

(i) Subject to division (J)(2)(a)(ii) of this section, an	31963
additional prison term of one, two, three, four, five, or six	31964
months;	31965

(ii) If the offender previously has been convicted of or	31966
pleaded guilty to one or more felony or misdemeanor violations of	31967
section 2907.22, 2907.23, 2907.24, 2907.241, or 2907.25 of the	31968
Revised Code and also was convicted of or pleaded guilty to a	31969
specification of the type described in section 2941.1421 of the	31970
Revised Code regarding one or more of those violations, an	31971
additional prison term of one, two, three, four, five, six, seven,	31972
eight, nine, ten, eleven, or twelve months.	31973

(b) In lieu of imposing an additional prison term under	31974
division (J)(2)(a) of this section, the court may directly impose	31975
on the offender a sanction that requires the offender to wear a	31976
real-time processing, continual tracking electronic monitoring	31977
device during the period of time specified by the court. The	31978
period of time specified by the court shall equal the duration of	31979
an additional prison term that the court could have imposed upon	31980
the offender under division (J)(2)(a) of this section. A sanction	31981
imposed under this division shall commence on the date specified	31982
by the court, provided that the sanction shall not commence until	31983
after the offender has served the prison term imposed for the	31984
felony violation of section 2907.22, 2907.24, 2907.241, or 2907.25	31985
of the Revised Code and any residential sanction imposed for the	31986
violation under section 2929.16 of the Revised Code. A sanction	31987
imposed under this division shall be considered to be a community	31988
control sanction for purposes of section 2929.15 of the Revised	31989
Code, and all provisions of the Revised Code that pertain to	31990
community control sanctions shall apply to a sanction imposed	31991
under this division, except to the extent that they would by their	31992
nature be clearly inapplicable. The offender shall pay all costs	31993
associated with a sanction imposed under this division, including	31994
the cost of the use of the monitoring device.	31995

(K) At the time of sentencing, the court may recommend the	31996
offender for placement in a program of shock incarceration under	31997
section 5120.031 of the Revised Code or for placement in an	31998
intensive program prison under section 5120.032 of the Revised	31999
Code, disapprove placement of the offender in a program of shock	32000
incarceration or an intensive program prison of that nature, or	32001
make no recommendation on placement of the offender. In no case	32002
shall the department of rehabilitation and correction place the	32003
offender in a program or prison of that nature unless the	32004
department determines as specified in section 5120.031 or 5120.032	32005
of the Revised Code, whichever is applicable, that the offender is	32006
eligible for the placement.	32007

If the court disapproves placement of the offender in a	32008
program or prison of that nature, the department of rehabilitation	32009
and correction shall not place the offender in any program of	32010
shock incarceration or intensive program prison.	32011

If the court recommends placement of the offender in a	32012
program of shock incarceration or in an intensive program prison,	32013
and if the offender is subsequently placed in the recommended	32014
program or prison, the department shall notify the court of the	32015
placement and shall include with the notice a brief description of	32016
the placement.	32017

If the court recommends placement of the offender in a	32018
program of shock incarceration or in an intensive program prison	32019
and the department does not subsequently place the offender in the	32020
recommended program or prison, the department shall send a notice	32021
to the court indicating why the offender was not placed in the	32022
recommended program or prison.	32023

If the court does not make a recommendation under this	32024
division with respect to an offender and if the department	32025
determines as specified in section 5120.031 or 5120.032 of the	32026
Revised Code, whichever is applicable, that the offender is	32027
eligible for placement in a program or prison of that nature, the	32028
department shall screen the offender and determine if there is an	32029
available program of shock incarceration or an intensive program	32030
prison for which the offender is suited. If there is an available	32031
program of shock incarceration or an intensive program prison for	32032
which the offender is suited, the department shall notify the	32033
court of the proposed placement of the offender as specified in	32034
section 5120.031 or 5120.032 of the Revised Code and shall include	32035
with the notice a brief description of the placement. The court	32036
shall have ten days from receipt of the notice to disapprove the	32037
placement.	32038

(L) If a person is convicted of or pleads guilty to	32039
aggravated vehicular homicide in violation of division (A)(1) of	32040
section 2903.06 of the Revised Code and division (B)(2)(c) of that	32041
section applies, the person shall be sentenced pursuant to section	32042
2929.142 of the Revised Code.	32043

Sec. 2929.19. (A) The court shall hold a sentencing hearing	32044
before imposing a sentence under this chapter upon an offender who	32045
was convicted of or pleaded guilty to a felony and before	32046
resentencing an offender who was convicted of or pleaded guilty to	32047
a felony and whose case was remanded pursuant to section 2953.07	32048
or 2953.08 of the Revised Code. At the hearing, the offender, the	32049
prosecuting attorney, the victim or the victim's representative in	32050
accordance with section 2930.14 of the Revised Code, and, with the	32051
approval of the court, any other person may present information	32052
relevant to the imposition of sentence in the case. The court	32053
shall inform the offender of the verdict of the jury or finding of	32054
the court and ask the offender whether the offender has anything	32055
to say as to why sentence should not be imposed upon the offender.	32056

(B)(1) At the sentencing hearing, the court, before imposing	32057
sentence, shall consider the record, any information presented at	32058
the hearing by any person pursuant to division (A) of this	32059
section, and, if one was prepared, the presentence investigation	32060
report made pursuant to section 2951.03 of the Revised Code or	32061
Criminal Rule 32.2, and any victim impact statement made pursuant	32062
to section 2947.051 of the Revised Code.	32063

(2) ~~The court shall impose a sentence and shall make a~~	32064
~~finding that gives its reasons for selecting the sentence imposed~~	32065
~~in any of the following circumstances:~~	32066

~~(a) Unless the offense is a violent sex offense or designated~~	32067
~~homicide, assault, or kidnapping offense for which the court is~~	32068
~~required to impose sentence pursuant to division (G) of section~~	32069
~~2929.14 of the Revised Code, if it imposes a prison term for a~~	32070
~~felony of the fourth or fifth degree or for a felony drug offense~~	32071
~~that is a violation of a provision of Chapter 2925. of the Revised~~	32072
~~Code and that is specified as being subject to division (B) of~~	32073
~~section 2929.13 of the Revised Code for purposes of sentencing,~~	32074
~~its reasons for imposing the prison term, based upon the~~	32075
~~overriding purposes and principles of felony sentencing set forth~~	32076
~~in section 2929.11 of the Revised Code, and any factors listed in~~	32077
~~divisions (B)(1)(a) to (i) of section 2929.13 of the Revised Code~~	32078
~~that it found to apply relative to the offender.~~	32079

~~(b) If it does not impose a prison term for a felony of the~~	32080
~~first or second degree or for a felony drug offense that is a~~	32081
~~violation of a provision of Chapter 2925. of the Revised Code and~~	32082
~~for which a presumption in favor of a prison term is specified as~~	32083
~~being applicable, its reasons for not imposing the prison term and~~	32084
~~for overriding the presumption, based upon the overriding purposes~~	32085
~~and principles of felony sentencing set forth in section 2929.11~~	32086
~~of the Revised Code, and the basis of the findings it made under~~	32087
~~divisions (D)(1) and (2) of section 2929.13 of the Revised Code.~~	32088

~~(c) If it imposes consecutive sentences under section 2929.14~~	32089
~~of the Revised Code, its reasons for imposing the consecutive~~	32090
~~sentences;~~	32091

~~(d) If the sentence is for one offense and it imposes a~~	32092
~~prison term for the offense that is the maximum prison term~~	32093
~~allowed for that offense by division (A) of section 2929.14 of the~~	32094
~~Revised Code or section 2929.142 of the Revised Code, its reasons~~	32095
~~for imposing the maximum prison term;~~	32096

~~(e) If the sentence is for two or more offenses arising out~~	32097
~~of a single incident and it imposes a prison term for those~~	32098
~~offenses that is the maximum prison term allowed for the offense~~	32099
~~of the highest degree by division (A) of section 2929.14 of the~~	32100
~~Revised Code or section 2929.142 of the Revised Code, its reasons~~	32101
~~for imposing the maximum prison term.~~The court shall impose a	32102
sentence and shall make a finding that gives its reasons for	32103
selecting the sentence imposed in any of the following	32104
circumstances:	32105

(a) Unless the offense is a violent sex offense or designated	32106
homicide, assault, or kidnapping offense for which the court is	32107
required to impose sentence pursuant to division (G) of section	32108
2929.14 of the Revised Code, if it imposes a prison term for a	32109
felony of the fourth or fifth degree or for a felony drug offense	32110
that is a violation of a provision of Chapter 2925. of the Revised	32111
Code and that is specified as being subject to division (B) of	32112
section 2929.13 of the Revised Code for purposes of sentencing,	32113
its reasons for imposing the prison term, based upon the	32114
overriding purposes and principles of felony sentencing set forth	32115
in section 2929.11 of the Revised Code, and any factors listed in	32116
divisions (B)(1)(a) to (i) of section 2929.13 of the Revised Code	32117
that it found to apply relative to the offender.	32118

(b) If it does not impose a prison term for a felony of the	32119
first or second degree or for a felony drug offense that is a	32120
violation of a provision of Chapter 2925. of the Revised Code and	32121
for which a presumption in favor of a prison term is specified as	32122
being applicable, its reasons for not imposing the prison term and	32123
for overriding the presumption, based upon the overriding purposes	32124
and principles of felony sentencing set forth in section 2929.11	32125
of the Revised Code, and the basis of the findings it made under	32126
divisions (D)(1) and (2) of section 2929.13 of the Revised Code.	32127

(c) If it imposes consecutive sentences under section 2929.14	32128
of the Revised Code, its reasons for imposing the consecutive	32129
sentences.	32130

(d) If the sentence is for one offense and it imposes a	32131
prison term for the offense that is the maximum prison term	32132
allowed for that offense by division (A) of section 2929.14 of the	32133
Revised Code or section 2929.142 of the Revised Code, its reasons	32134
for imposing the maximum prison term.	32135

(e) If the sentence is for two or more offenses arising out	32136
of a single incident and it imposes a prison term for those	32137
offenses that is the maximum prison term allowed for the offense	32138
of the highest degree by division (A) of section 2929.14 of the	32139
Revised Code or section 2929.142 of the Revised Code, its reasons	32140
for imposing the maximum prison term.	32141

(3) Subject to division (B)(4) of this section, if the	32142
sentencing court determines at the sentencing hearing that a	32143
prison term is necessary or required, the court shall do all of	32144
the following:	32145

(a) Impose a stated prison term and, if the court imposes a	32146
mandatory prison term, notify the offender that the prison term is	32147
a mandatory prison term;	32148

(b) In addition to any other information, include in the	32149
sentencing entry the name and section reference to the offense or	32150
offenses, the sentence or sentences imposed and whether the	32151
sentence or sentences contain mandatory prison terms, if sentences	32152
are imposed for multiple counts whether the sentences are to be	32153
served concurrently or consecutively, and the name and section	32154
reference of any specification or specifications for which	32155
sentence is imposed and the sentence or sentences imposed for the	32156
specification or specifications;	32157

(c) Notify the offender that the offender will be supervised	32158
under section 2967.28 of the Revised Code after the offender	32159
leaves prison if the offender is being sentenced for a felony of	32160
the first degree or second degree, for a felony sex offense, or	32161
for a felony of the third degree that is not a felony sex offense	32162
and in the commission of which the offender caused or threatened	32163
to cause physical harm to a person. If a court imposes a sentence	32164
including a prison term of a type described in division (B)(3)(c)	32165
of this section on or after July 11, 2006, the failure of a court	32166
to notify the offender pursuant to division (B)(3)(c) of this	32167
section that the offender will be supervised under section 2967.28	32168
of the Revised Code after the offender leaves prison or to include	32169
in the judgment of conviction entered on the journal a statement	32170
to that effect does not negate, limit, or otherwise affect the	32171
mandatory period of supervision that is required for the offender	32172
under division (B) of section 2967.28 of the Revised Code. Section	32173
2929.191 of the Revised Code applies if, prior to July 11, 2006, a	32174
court imposed a sentence including a prison term of a type	32175
described in division (B)(3)(c) of this section and failed to	32176
notify the offender pursuant to division (B)(3)(c) of this section	32177
regarding post-release control or to include in the judgment of	32178
conviction entered on the journal or in the sentence a statement	32179
regarding post-release control.	32180

(d) Notify the offender that the offender may be supervised	32181
under section 2967.28 of the Revised Code after the offender	32182
leaves prison if the offender is being sentenced for a felony of	32183
the third, fourth, or fifth degree that is not subject to division	32184
(B)(3)(c) of this section. Section 2929.191 of the Revised Code	32185
applies if, prior to July 11, 2006, a court imposed a sentence	32186
including a prison term of a type described in division (B)(3)(d)	32187
of this section and failed to notify the offender pursuant to	32188
division (B)(3)(d) of this section regarding post-release control	32189
or to include in the judgment of conviction entered on the journal	32190
or in the sentence a statement regarding post-release control.	32191

(e) Notify the offender that, if a period of supervision is	32192
imposed following the offender's release from prison, as described	32193
in division (B)(3)(c) or (d) of this section, and if the offender	32194
violates that supervision or a condition of post-release control	32195
imposed under division (B) of section 2967.131 of the Revised	32196
Code, the parole board may impose a prison term, as part of the	32197
sentence, of up to one-half of the stated prison term originally	32198
imposed upon the offender. If a court imposes a sentence including	32199
a prison term on or after July 11, 2006, the failure of a court to	32200
notify the offender pursuant to division (B)(3)(e) of this section	32201
that the parole board may impose a prison term as described in	32202
division (B)(3)(e) of this section for a violation of that	32203
supervision or a condition of post-release control imposed under	32204
division (B) of section 2967.131 of the Revised Code or to include	32205
in the judgment of conviction entered on the journal a statement	32206
to that effect does not negate, limit, or otherwise affect the	32207
authority of the parole board to so impose a prison term for a	32208
violation of that nature if, pursuant to division (D)(1) of	32209
section 2967.28 of the Revised Code, the parole board notifies the	32210
offender prior to the offender's release of the board's authority	32211
to so impose a prison term. Section 2929.191 of the Revised Code	32212
applies if, prior to July 11, 2006, a court imposed a sentence	32213
including a prison term and failed to notify the offender pursuant	32214
to division (B)(3)(e) of this section regarding the possibility of	32215
the parole board imposing a prison term for a violation of	32216
supervision or a condition of post-release control.	32217

(f) Require that the offender not ingest or be injected with	32218
a drug of abuse and submit to random drug testing as provided in	32219
section 341.26, 753.33, or 5120.63 of the Revised Code, whichever	32220
is applicable to the offender who is serving a prison term, and	32221
require that the results of the drug test administered under any	32222
of those sections indicate that the offender did not ingest or was	32223
not injected with a drug of abuse.	32224

(4)(a) The court shall include in the offender's sentence a	32225
statement that the offender is a tier III sex	32226
offender/child-victim offender, and the court shall comply with	32227
the requirements of section 2950.03 of the Revised Code if any of	32228
the following apply:	32229

(i) The offender is being sentenced for a violent sex offense	32230
or designated homicide, assault, or kidnapping offense that the	32231
offender committed on or after January 1, 1997, and the offender	32232
is adjudicated a sexually violent predator in relation to that	32233
offense.	32234

(ii) The offender is being sentenced for a sexually oriented	32235
offense that the offender committed on or after January 1, 1997,	32236
and the offender is a tier III sex offender/child-victim offender	32237
relative to that offense.	32238

(iii) The offender is being sentenced on or after July 31,	32239
2003, for a child-victim oriented offense, and the offender is a	32240
tier III sex offender/child-victim offender relative to that	32241
offense.	32242

(iv) The offender is being sentenced under section 2971.03 of	32243
the Revised Code for a violation of division (A)(1)(b) of section	32244
2907.02 of the Revised Code committed on or after January 2, 2007.	32245

(v) The offender is sentenced to a term of life without	32246
parole under division (B) of section 2907.02 of the Revised Code.	32247

(vi) The offender is being sentenced for attempted rape	32248
committed on or after January 2, 2007, and a specification of the	32249
type described in section 2941.1418, 2941.1419, or 2941.1420 of	32250
the Revised Code.	32251

(vii) The offender is being sentenced under division	32252
(B)(3)(a), (b), (c), or (d) of section 2971.03 of the Revised Code	32253
for an offense described in those divisions committed on or after	32254
January 1, 2008.	32255

(b) Additionally, if any criterion set forth in divisions	32256
(B)(4)(a)(i) to (vii) of this section is satisfied, in the	32257
circumstances described in division (G) of section 2929.14 of the	32258
Revised Code, the court shall impose sentence on the offender as	32259
described in that division.	32260

(5) If the sentencing court determines at the sentencing	32261
hearing that a community control sanction should be imposed and	32262
the court is not prohibited from imposing a community control	32263
sanction, the court shall impose a community control sanction. The	32264
court shall notify the offender that, if the conditions of the	32265
sanction are violated, if the offender commits a violation of any	32266
law, or if the offender leaves this state without the permission	32267
of the court or the offender's probation officer, the court may	32268
impose a longer time under the same sanction, may impose a more	32269
restrictive sanction, or may impose a prison term on the offender	32270
and shall indicate the specific prison term that may be imposed as	32271
a sanction for the violation, as selected by the court from the	32272
range of prison terms for the offense pursuant to section 2929.14	32273
of the Revised Code.	32274

(6) Before imposing a financial sanction under section	32275
2929.18 of the Revised Code or a fine under section 2929.32 of the	32276
Revised Code, the court shall consider the offender's present and	32277
future ability to pay the amount of the sanction or fine.	32278

(7) If the sentencing court sentences the offender to a	32279
sanction of confinement pursuant to section 2929.14 or 2929.16 of	32280
the Revised Code that is to be served in a local detention	32281
facility, as defined in section 2929.36 of the Revised Code, and	32282
if the local detention facility is covered by a policy adopted	32283
pursuant to section 307.93, 341.14, 341.19, 341.21, 341.23,	32284
753.02, 753.04, 753.16, 2301.56, or 2947.19 of the Revised Code	32285
and section 2929.37 of the Revised Code, both of the following	32286
apply:	32287

(a) The court shall specify both of the following as part of	32288
the sentence:	32289

(i) If the offender is presented with an itemized bill	32290
pursuant to section 2929.37 of the Revised Code for payment of the	32291
costs of confinement, the offender is required to pay the bill in	32292
accordance with that section.	32293

(ii) If the offender does not dispute the bill described in	32294
division (B)(7)(a)(i) of this section and does not pay the bill by	32295
the times specified in section 2929.37 of the Revised Code, the	32296
clerk of the court may issue a certificate of judgment against the	32297
offender as described in that section.	32298

(b) The sentence automatically includes any certificate of	32299
judgment issued as described in division (B)(7)(a)(ii) of this	32300
section.	32301

(8) The failure of the court to notify the offender that a	32302
prison term is a mandatory prison term pursuant to division	32303
(B)(3)(a) of this section or to include in the sentencing entry	32304
any information required by division (B)(3)(b) of this section	32305
does not affect the validity of the imposed sentence or sentences.	32306
If the sentencing court notifies the offender at the sentencing	32307
hearing that a prison term is mandatory but the sentencing entry	32308
does not specify that the prison term is mandatory, the court may	32309
complete a corrected journal entry and send copies of the	32310
corrected entry to the offender and the department of	32311
rehabilitation and correction, or, at the request of the state,	32312
the court shall complete a corrected journal entry and send copies	32313
of the corrected entry to the offender and department of	32314
rehabilitation and correction.	32315

(C)(1) If the offender is being sentenced for a fourth degree	32316
felony OVI offense under division (G)(1) of section 2929.13 of the	32317
Revised Code, the court shall impose the mandatory term of local	32318
incarceration in accordance with that division, shall impose a	32319
mandatory fine in accordance with division (B)(3) of section	32320
2929.18 of the Revised Code, and, in addition, may impose	32321
additional sanctions as specified in sections 2929.15, 2929.16,	32322
2929.17, and 2929.18 of the Revised Code. The court shall not	32323
impose a prison term on the offender except that the court may	32324
impose a prison term upon the offender as provided in division	32325
(A)(1) of section 2929.13 of the Revised Code.	32326

(2) If the offender is being sentenced for a third or fourth	32327
degree felony OVI offense under division (G)(2) of section 2929.13	32328
of the Revised Code, the court shall impose the mandatory prison	32329
term in accordance with that division, shall impose a mandatory	32330
fine in accordance with division (B)(3) of section 2929.18 of the	32331
Revised Code, and, in addition, may impose an additional prison	32332
term as specified in section 2929.14 of the Revised Code. In	32333
addition to the mandatory prison term or mandatory prison term and	32334
additional prison term the court imposes, the court also may	32335
impose a community control sanction on the offender, but the	32336
offender shall serve all of the prison terms so imposed prior to	32337
serving the community control sanction.	32338

(D) The sentencing court, pursuant to division (K) of section	32339
2929.14 of the Revised Code, may recommend placement of the	32340
offender in a program of shock incarceration under section	32341
5120.031 of the Revised Code or an intensive program prison under	32342
section 5120.032 of the Revised Code, disapprove placement of the	32343
offender in a program or prison of that nature, or make no	32344
recommendation. If the court recommends or disapproves placement,	32345
it shall make a finding that gives its reasons for its	32346
recommendation or disapproval.	32347

Sec. 2929.41. (A) ~~Except as provided in division (B) of this~~	32348
~~section, division (E) of section 2929.14, or division (D) or (E)~~	32349
~~of section 2971.03 of the Revised Code, a prison term, jail term,~~	32350
~~or sentence of imprisonment shall be served concurrently with any~~	32351
~~other prison term, jail term, or sentence of imprisonment imposed~~	32352
~~by a court of this state, another state, or the United States.~~	32353
~~Except as provided in division (B)(3) of this section, a jail term~~	32354
~~or sentence of imprisonment for misdemeanor shall be served~~	32355
~~concurrently with a prison term or sentence of imprisonment for~~	32356
~~felony served in a state or federal correctional institution.~~	32357
Except as provided in division (B) of this section, division (E)	32358
of section 2929.14, or division (D) or (E) of section 2971.03 of	32359
the Revised Code, a prison term, jail term, or sentence of	32360
imprisonment shall be served concurrently with any other prison	32361
term, jail term, or sentence of imprisonment imposed by a court of	32362
this state, another state, or the United States. Except as	32363
provided in division (B)(3) of this section, a jail term or	32364
sentence of imprisonment for misdemeanor shall be served	32365
concurrently with a prison term or sentence of imprisonment for	32366
felony served in a state or federal correctional institution.	32367

(B)(1) A jail term or sentence of imprisonment for a	32368
misdemeanor shall be served consecutively to any other prison	32369
term, jail term, or sentence of imprisonment when the trial court	32370
specifies that it is to be served consecutively or when it is	32371
imposed for a misdemeanor violation of section 2907.322, 2921.34,	32372
or 2923.131 of the Revised Code.	32373

When consecutive sentences are imposed for misdemeanor under	32374
this division, the term to be served is the aggregate of the	32375
consecutive terms imposed, except that the aggregate term to be	32376
served shall not exceed eighteen months.	32377

(2) If a court of this state imposes a prison term upon the	32378
offender for the commission of a felony and a court of another	32379
state or the United States also has imposed a prison term upon the	32380
offender for the commission of a felony, the court of this state	32381
may order that the offender serve the prison term it imposes	32382
consecutively to any prison term imposed upon the offender by the	32383
court of another state or the United States.	32384

(3) A jail term or sentence of imprisonment imposed for a	32385
misdemeanor violation of section 4510.11, 4510.14, 4510.16,	32386
4510.21, or 4511.19 of the Revised Code shall be served	32387
consecutively to a prison term that is imposed for a felony	32388
violation of section 2903.06, 2903.07, 2903.08, or 4511.19 of the	32389
Revised Code or a felony violation of section 2903.04 of the	32390
Revised Code involving the operation of a motor vehicle by the	32391
offender and that is served in a state correctional institution	32392
when the trial court specifies that it is to be served	32393
consecutively.	32394

When consecutive jail terms or sentences of imprisonment and	32395
prison terms are imposed for one or more misdemeanors and one or	32396
more felonies under this division, the term to be served is the	32397
aggregate of the consecutive terms imposed, and the offender shall	32398
serve all terms imposed for a felony before serving any term	32399
imposed for a misdemeanor.	32400

Sec. 2939.11. The official ~~shorthand~~ reporter of the county,	32401
or any ~~shorthand~~ reporter designated by the court of common pleas,	32402
at the request of the prosecuting attorney, or any such reporter	32403
designated by the attorney general in investigations conducted by	32404
~~him~~the attorney general, may take ~~shorthand~~ notes of, or	32405
electronically record, testimony before the grand jury, and	32406
furnish a transcript to the prosecuting attorney or the attorney	32407
general, and to no other person. The ~~shorthand~~ reporter shall	32408
withdraw from the jury room before the jurors begin to express	32409
their views or take their vote on the matter before them. Such	32410
reporter shall take an oath to be administered by the judge after	32411
the grand jury is sworn, imposing an obligation of secrecy to not	32412
disclose any testimony taken or heard except to the grand jury,	32413
prosecuting attorney, or attorney general, unless called upon in	32414
court to make disclosures.	32415

Sec. 2945.371. (A) If the issue of a defendant's competence	32416
to stand trial is raised or if a defendant enters a plea of not	32417
guilty by reason of insanity, the court may order one or more	32418
evaluations of the defendant's present mental condition or, in the	32419
case of a plea of not guilty by reason of insanity, of the	32420
defendant's mental condition at the time of the offense charged.	32421
An examiner shall conduct the evaluation.	32422

(B) If the court orders more than one evaluation under	32423
division (A) of this section, the prosecutor and the defendant may	32424
recommend to the court an examiner whom each prefers to perform	32425
one of the evaluations. If a defendant enters a plea of not guilty	32426
by reason of insanity and if the court does not designate an	32427
examiner recommended by the defendant, the court shall inform the	32428
defendant that the defendant may have independent expert	32429
evaluation and that, if the defendant is unable to obtain	32430
independent expert evaluation, it will be obtained for the	32431
defendant at public expense if the defendant is indigent.	32432

(C) If the court orders an evaluation under division (A) of	32433
this section, the defendant shall be available at the times and	32434
places established by the examiners who are to conduct the	32435
evaluation. The court may order a defendant who has been released	32436
on bail or recognizance to submit to an evaluation under this	32437
section. If a defendant who has been released on bail or	32438
recognizance refuses to submit to a complete evaluation, the court	32439
may amend the conditions of bail or recognizance and order the	32440
sheriff to take the defendant into custody and deliver the	32441
defendant to a center, program, or facility operated or certified	32442
by the department of mental health or the department of	32443
developmental disabilities where the defendant may be held for	32444
evaluation for a reasonable period of time not to exceed twenty	32445
days.	32446

(D) A defendant who has not been released on bail or	32447
recognizance may be evaluated at the defendant's place of	32448
detention. Upon the request of the examiner, the court may order	32449
the sheriff to transport the defendant to a program or facility	32450
operated or certified by the department of mental health or the	32451
department of developmental disabilities, where the defendant may	32452
be held for evaluation for a reasonable period of time not to	32453
exceed twenty days, and to return the defendant to the place of	32454
detention after the evaluation. A municipal court may make an	32455
order under this division only upon the request of a certified	32456
forensic center examiner.	32457

(E) If a court orders the evaluation to determine a	32458
defendant's mental condition at the time of the offense charged,	32459
the court shall inform the examiner of the offense with which the	32460
defendant is charged.	32461

(F) In conducting an evaluation of a defendant's mental	32462
condition at the time of the offense charged, the examiner shall	32463
consider all relevant evidence. If the offense charged involves	32464
the use of force against another person, the relevant evidence to	32465
be considered includes, but is not limited to, any evidence that	32466
the defendant suffered, at the time of the commission of the	32467
offense, from the "battered woman syndrome."	32468

(G) The examiner shall file a written report with the court	32469
within thirty days after entry of a court order for evaluation,	32470
and the court shall provide copies of the report to the prosecutor	32471
and defense counsel. The report shall include all of the	32472
following:	32473

(1) The examiner's findings;

32474

(2) The facts in reasonable detail on which the findings are	32475
based;	32476

(3) If the evaluation was ordered to determine the	32477
defendant's competence to stand trial, all of the following	32478
findings or recommendations that are applicable:	32479

(a) Whether the defendant is capable of understanding the	32480
nature and objective of the proceedings against the defendant or	32481
of assisting in the defendant's defense;	32482

(b) If the examiner's opinion is that the defendant is	32483
incapable of understanding the nature and objective of the	32484
proceedings against the defendant or of assisting in the	32485
defendant's defense, whether the defendant presently is mentally	32486
ill or mentally retarded and, if the examiner's opinion is that	32487
the defendant presently is mentally retarded, whether the	32488
defendant appears to be a mentally retarded person subject to	32489
institutionalization by court order;	32490

(c) If the examiner's opinion is that the defendant is	32491
incapable of understanding the nature and objective of the	32492
proceedings against the defendant or of assisting in the	32493
defendant's defense, the examiner's opinion as to the likelihood	32494
of the defendant becoming capable of understanding the nature and	32495
objective of the proceedings against the defendant and of	32496
assisting in the defendant's defense within one year if the	32497
defendant is provided with a course of treatment;	32498

(d) If the examiner's opinion is that the defendant is	32499
incapable of understanding the nature and objective of the	32500
proceedings against the defendant or of assisting in the	32501
defendant's defense and that the defendant presently is mentally	32502
ill or mentally retarded, the examiner's recommendation as to the	32503
least restrictive ~~treatment~~placement or commitment alternative,	32504
consistent with the defendant's treatment needs for restoration to	32505
competency and with the safety of the community;	32506

(e) If the defendant is charged with a misdemeanor offense	32507
that is not an offense of violence and the examiner's opinion is	32508
that the defendant is incapable of understanding the nature and	32509
objective of the proceedings against the defendant or of assisting	32510
in the defendant's defense and that the defendant is presently	32511
mentally ill or mentally retarded, the examiner's recommendation	32512
as to whether the defendant is amenable to engagement in mental	32513
health treatment or developmental disability services.	32514

(4) If the evaluation was ordered to determine the	32515
defendant's mental condition at the time of the offense charged,	32516
the examiner's findings as to whether the defendant, at the time	32517
of the offense charged, did not know, as a result of a severe	32518
mental disease or defect, the wrongfulness of the defendant's acts	32519
charged.	32520

(H) If the examiner's report filed under division (G) of this	32521
section indicates that in the examiner's opinion the defendant is	32522
incapable of understanding the nature and objective of the	32523
proceedings against the defendant or of assisting in the	32524
defendant's defense and that in the examiner's opinion the	32525
defendant appears to be a mentally retarded person subject to	32526
institutionalization by court order, the court shall order the	32527
defendant to undergo a separate mental retardation evaluation	32528
conducted by a psychologist designated by the director of	32529
developmental disabilities. Divisions (C) to (F) of this section	32530
apply in relation to a separate mental retardation evaluation	32531
conducted under this division. The psychologist appointed under	32532
this division to conduct the separate mental retardation	32533
evaluation shall file a written report with the court within	32534
thirty days after the entry of the court order requiring the	32535
separate mental retardation evaluation, and the court shall	32536
provide copies of the report to the prosecutor and defense	32537
counsel. The report shall include all of the information described	32538
in divisions (G)(1) to (4) of this section. If the court orders a	32539
separate mental retardation evaluation of a defendant under this	32540
division, the court shall not conduct a hearing under divisions	32541
(B) to (H) of section 2945.37 of the Revised Code regarding that	32542
defendant until a report of the separate mental retardation	32543
evaluation conducted under this division has been filed. Upon the	32544
filing of that report, the court shall conduct the hearing within	32545
the period of time specified in division (C) of section 2945.37 of	32546
the Revised Code.	32547

(I) An examiner appointed under divisions (A) and (B) of this	32548
section or under division (H) of this section to evaluate a	32549
defendant to determine the defendant's competence to stand trial	32550
also may be appointed to evaluate a defendant who has entered a	32551
plea of not guilty by reason of insanity, but an examiner of that	32552
nature shall prepare separate reports on the issue of competence	32553
to stand trial and the defense of not guilty by reason of	32554
insanity.	32555

(J) No statement that a defendant makes in an evaluation or	32556
hearing under divisions (A) to (H) of this section relating to the	32557
defendant's competence to stand trial or to the defendant's mental	32558
condition at the time of the offense charged shall be used against	32559
the defendant on the issue of guilt in any criminal action or	32560
proceeding, but, in a criminal action or proceeding, the	32561
prosecutor or defense counsel may call as a witness any person who	32562
evaluated the defendant or prepared a report pursuant to a	32563
referral under this section. Neither the appointment nor the	32564
testimony of an examiner appointed under this section precludes	32565
the prosecutor or defense counsel from calling other witnesses or	32566
presenting other evidence on competency or insanity issues.	32567

(K) Persons appointed as examiners under divisions (A) and	32568
(B) of this section or under division (H) of this section shall be	32569
paid a reasonable amount for their services and expenses, as	32570
certified by the court. The certified amount shall be paid by the	32571
county in the case of county courts and courts of common pleas and	32572
by the legislative authority, as defined in section 1901.03 of the	32573
Revised Code, in the case of municipal courts.	32574

Sec. 2945.38. (A) If the issue of a defendant's competence	32575
to stand trial is raised and if the court, upon conducting the	32576
hearing provided for in section 2945.37 of the Revised Code, finds	32577
that the defendant is competent to stand trial, the defendant	32578
shall be proceeded against as provided by law. If the court finds	32579
the defendant competent to stand trial and the defendant is	32580
receiving psychotropic drugs or other medication, the court may	32581
authorize the continued administration of the drugs or medication	32582
or other appropriate treatment in order to maintain the	32583
defendant's competence to stand trial, unless the defendant's	32584
attending physician advises the court against continuation of the	32585
drugs, other medication, or treatment.	32586

(B)(1)(a) If, after taking into consideration all relevant	32587
reports, information, and other evidence, the court finds that the	32588
defendant is incompetent to stand trial and that there is a	32589
substantial probability that the defendant will become competent	32590
to stand trial within one year if the defendant is provided with a	32591
course of treatment, the court shall order the defendant to	32592
undergo treatment. If the defendant has been charged with a felony	32593
offense and if, after taking into consideration all relevant	32594
reports, information, and other evidence, the court finds that the	32595
defendant is incompetent to stand trial, but the court is unable	32596
at that time to determine whether there is a substantial	32597
probability that the defendant will become competent to stand	32598
trial within one year if the defendant is provided with a course	32599
of treatment, the court shall order continuing evaluation and	32600
treatment of the defendant for a period not to exceed four months	32601
to determine whether there is a substantial probability that the	32602
defendant will become competent to stand trial within one year if	32603
the defendant is provided with a course of treatment.	32604

(b) The court order for the defendant to undergo treatment or	32605
continuing evaluation and treatment under division (B)(1)(a) of	32606
this section shall specify that the defendant, if determined to	32607
require mental health treatment or continuing evaluation and	32608
treatment, shall be committed to the department of mental health	32609
for treatment or continuing evaluation and treatment ~~shall occur~~	32610
at a hospital, facility, or agency, as determined to be clinically	32611
appropriate by the department of mental health and, if determined	32612
to require treatment or continuing evaluation and treatment for a	32613
developmental disability, shall receive treatment or continuing	32614
evaluation and treatment at an institution or facility operated by	32615
the department of ~~mental health or the department of~~ developmental	32616
disabilities, at a facility certified by ~~either of those~~	32617
~~departments~~the department of developmental disabilities as being	32618
qualified to treat ~~mental illness or~~ mental retardation, at a	32619
public or private community mental ~~health or mental~~ retardation	32620
facility, or by a ~~psychiatrist or another~~ mental ~~health or mental~~	32621
retardation professional. The order may restrict the defendant's	32622
freedom of movement as the court considers necessary. The	32623
prosecutor in the defendant's case shall send to the chief	32624
clinical officer of the hospital or, facility, or agency where	32625
the defendant is placed by the department of mental health, or to	32626
the managing officer of the institution, the director of the	32627
~~program~~facility, or the person to which the defendant is	32628
committed, copies of relevant police reports and other background	32629
information that pertains to the defendant and is available to the	32630
prosecutor unless the prosecutor determines that the release of	32631
any of the information in the police reports or any of the other	32632
background information to unauthorized persons would interfere	32633
with the effective prosecution of any person or would create a	32634
substantial risk of harm to any person.	32635

In committing the defendant to the department of mental	32636
health, the court shall consider the extent to which the person is	32637
a danger to the person and to others, the need for security, and	32638
the type of crime involved and, if the court finds that	32639
restrictions on the defendant's freedom of movement are necessary,	32640
shall specify the least restrictive limitations on the person's	32641
freedom of movement determined to be necessary to protect public	32642
safety. In determining ~~placement~~commitment alternatives for	32643
defendants determined to require treatment or continuing	32644
evaluation and treatment for developmental disabilities, the court	32645
shall consider the extent to which the person is a danger to the	32646
person and to others, the need for security, and the type of crime	32647
involved and shall order the least restrictive alternative	32648
available that is consistent with public safety and treatment	32649
goals. In weighing these factors, the court shall give preference	32650
to protecting public safety.	32651

(c) If the defendant is found incompetent to stand trial, if	32652
the chief clinical officer of the hospital or, facility, or agency	32653
where the defendant is placed, or the managing officer of the	32654
institution, the director of the ~~program~~facility, or the person	32655
to which the defendant is committed for treatment or continuing	32656
evaluation and treatment under division (B)(1)(b) of this section	32657
determines that medication is necessary to restore the defendant's	32658
competency to stand trial, and if the defendant lacks the capacity	32659
to give informed consent or refuses medication, the chief clinical	32660
officer of the hospital, facility, or agency where the defendant	32661
is placed, or the managing officer of the institution, the	32662
director of the facility, or the person to which the defendant is	32663
committed for treatment or continuing evaluation and treatment may	32664
petition the court for authorization for the involuntary	32665
administration of medication. The court shall hold a hearing on	32666
the petition within five days of the filing of the petition if the	32667
petition was filed in a municipal court or a county court	32668
regarding an incompetent defendant charged with a misdemeanor or	32669
within ten days of the filing of the petition if the petition was	32670
filed in a court of common pleas regarding an incompetent	32671
defendant charged with a felony offense. Following the hearing,	32672
the court may authorize the involuntary administration of	32673
medication or may dismiss the petition.	32674

(d) If the defendant is charged with a misdemeanor offense	32675
that is not an offense of violence, the prosecutor may hold the	32676
charges in abeyance while the defendant engages in mental health	32677
treatment or developmental disability services.	32678

(2) If the court finds that the defendant is incompetent to	32679
stand trial and that, even if the defendant is provided with a	32680
course of treatment, there is not a substantial probability that	32681
the defendant will become competent to stand trial within one	32682
year, the court shall order the discharge of the defendant, unless	32683
upon motion of the prosecutor or on its own motion, the court	32684
either seeks to retain jurisdiction over the defendant pursuant to	32685
section 2945.39 of the Revised Code or files an affidavit in the	32686
probate court for the civil commitment of the defendant pursuant	32687
to Chapter 5122. or 5123. of the Revised Code alleging that the	32688
defendant is a mentally ill person subject to hospitalization by	32689
court order or a mentally retarded person subject to	32690
institutionalization by court order. If an affidavit is filed in	32691
the probate court, the trial court shall send to the probate court	32692
copies of all written reports of the defendant's mental condition	32693
that were prepared pursuant to section 2945.371 of the Revised	32694
Code.	32695

The trial court may issue the temporary order of detention	32696
that a probate court may issue under section 5122.11 or 5123.71 of	32697
the Revised Code, to remain in effect until the probable cause or	32698
initial hearing in the probate court. Further proceedings in the	32699
probate court are civil proceedings governed by Chapter 5122. or	32700
5123. of the Revised Code.	32701

(C) No defendant shall be required to undergo treatment,	32702
including any continuing evaluation and treatment, under division	32703
(B)(1) of this section for longer than whichever of the following	32704
periods is applicable:	32705

(1) One year, if the most serious offense with which the	32706
defendant is charged is one of the following offenses:	32707

(a) Aggravated murder, murder, or an offense of violence for	32708
which a sentence of death or life imprisonment may be imposed;	32709

(b) An offense of violence that is a felony of the first or	32710
second degree;	32711

(c) A conspiracy to commit, an attempt to commit, or	32712
complicity in the commission of an offense described in division	32713
(C)(1)(a) or (b) of this section if the conspiracy, attempt, or	32714
complicity is a felony of the first or second degree.	32715

(2) Six months, if the most serious offense with which the	32716
defendant is charged is a felony other than a felony described in	32717
division (C)(1) of this section;	32718

(3) Sixty days, if the most serious offense with which the	32719
defendant is charged is a misdemeanor of the first or second	32720
degree;	32721

(4) Thirty days, if the most serious offense with which the	32722
defendant is charged is a misdemeanor of the third or fourth	32723
degree, a minor misdemeanor, or an unclassified misdemeanor.	32724

(D) Any defendant who is committed pursuant to this section	32725
shall not voluntarily admit the defendant or be voluntarily	32726
admitted to a hospital or institution pursuant to section 5122.02,	32727
5122.15, 5123.69, or 5123.76 of the Revised Code.	32728

(E) Except as otherwise provided in this division, a	32729
defendant who is charged with an offense and is committed by the	32730
court under this section to ~~a hospital~~the department of mental	32731
health with restrictions on the defendant's freedom of movement or	32732
~~other~~is committed to an institution ~~by the court under this~~	32733
~~section~~or facility for the treatment of developmental	32734
disabilities shall not be granted unsupervised on-grounds	32735
movement, supervised off-grounds movement, or nonsecured status	32736
except in accordance with the court order. The court may grant a	32737
defendant supervised off-grounds movement to obtain medical	32738
treatment or specialized habilitation treatment services if the	32739
person who supervises the treatment or the continuing evaluation	32740
and treatment of the defendant ordered under division (B)(1)(a) of	32741
this section informs the court that the treatment or continuing	32742
evaluation and treatment cannot be provided at the hospital or	32743
facility where the defendant is placed by the department of mental	32744
health or the institution or facility to which the defendant is	32745
committed. The chief clinical officer of the hospital or facility	32746
where the defendant is placed by the department of mental health	32747
or the managing officer of the institution or director of the	32748
facility to which the defendant is committed, or a designee of	32749
~~either~~any of those persons, may grant a defendant movement to a	32750
medical facility for an emergency medical situation with	32751
appropriate supervision to ensure the safety of the defendant,	32752
staff, and community during that emergency medical situation. The	32753
chief clinical officer of the hospital or facility where the	32754
defendant is placed by the department of mental health or the	32755
managing officer of the institution or director of the facility to	32756
which the defendant is committed shall notify the court within	32757
twenty-four hours of the defendant's movement to the medical	32758
facility for an emergency medical situation under this division.	32759

(F) The person who supervises the treatment or continuing	32760
evaluation and treatment of a defendant ordered to undergo	32761
treatment or continuing evaluation and treatment under division	32762
(B)(1)(a) of this section shall file a written report with the	32763
court at the following times:	32764

(1) Whenever the person believes the defendant is capable of	32765
understanding the nature and objective of the proceedings against	32766
the defendant and of assisting in the defendant's defense;	32767

(2) For a felony offense, fourteen days before expiration of	32768
the maximum time for treatment as specified in division (C) of	32769
this section and fourteen days before the expiration of the	32770
maximum time for continuing evaluation and treatment as specified	32771
in division (B)(1)(a) of this section, and, for a misdemeanor	32772
offense, ten days before the expiration of the maximum time for	32773
treatment, as specified in division (C) of this section;	32774

(3) At a minimum, after each six months of treatment;

32775

(4) Whenever the person who supervises the treatment or	32776
continuing evaluation and treatment of a defendant ordered under	32777
division (B)(1)(a) of this section believes that there is not a	32778
substantial probability that the defendant will become capable of	32779
understanding the nature and objective of the proceedings against	32780
the defendant or of assisting in the defendant's defense even if	32781
the defendant is provided with a course of treatment.	32782

(G) A report under division (F) of this section shall contain	32783
the examiner's findings, the facts in reasonable detail on which	32784
the findings are based, and the examiner's opinion as to the	32785
defendant's capability of understanding the nature and objective	32786
of the proceedings against the defendant and of assisting in the	32787
defendant's defense. If, in the examiner's opinion, the defendant	32788
remains incapable of understanding the nature and objective of the	32789
proceedings against the defendant and of assisting in the	32790
defendant's defense and there is a substantial probability that	32791
the defendant will become capable of understanding the nature and	32792
objective of the proceedings against the defendant and of	32793
assisting in the defendant's defense if the defendant is provided	32794
with a course of treatment, if in the examiner's opinion the	32795
defendant remains mentally ill or mentally retarded, and if the	32796
maximum time for treatment as specified in division (C) of this	32797
section has not expired, the report also shall contain the	32798
examiner's recommendation as to the least restrictive ~~treatment~~	32799
placement or commitment alternative that is consistent with the	32800
defendant's treatment needs for restoration to competency and with	32801
the safety of the community. The court shall provide copies of the	32802
report to the prosecutor and defense counsel.	32803

(H) If a defendant is committed pursuant to division (B)(1)	32804
of this section, within ten days after the treating physician of	32805
the defendant or the examiner of the defendant who is employed or	32806
retained by the treating facility advises that there is not a	32807
substantial probability that the defendant will become capable of	32808
understanding the nature and objective of the proceedings against	32809
the defendant or of assisting in the defendant's defense even if	32810
the defendant is provided with a course of treatment, within ten	32811
days after the expiration of the maximum time for treatment as	32812
specified in division (C) of this section, within ten days after	32813
the expiration of the maximum time for continuing evaluation and	32814
treatment as specified in division (B)(1)(a) of this section,	32815
within thirty days after a defendant's request for a hearing that	32816
is made after six months of treatment, or within thirty days after	32817
being advised by the treating physician or examiner that the	32818
defendant is competent to stand trial, whichever is the earliest,	32819
the court shall conduct another hearing to determine if the	32820
defendant is competent to stand trial and shall do whichever of	32821
the following is applicable:	32822

(1) If the court finds that the defendant is competent to	32823
stand trial, the defendant shall be proceeded against as provided	32824
by law.	32825

(2) If the court finds that the defendant is incompetent to	32826
stand trial, but that there is a substantial probability that the	32827
defendant will become competent to stand trial if the defendant is	32828
provided with a course of treatment, and the maximum time for	32829
treatment as specified in division (C) of this section has not	32830
expired, the court, after consideration of the examiner's	32831
recommendation, shall order that treatment be continued, may	32832
change the ~~facility or program at which the treatment is to be~~	32833
~~continued~~least restrictive limitations on the defendant's freedom	32834
of movement, and, if applicable, shall specify whether the	32835
treatment for developmental disabilities is to be continued at the	32836
same or a different facility or ~~program~~institution.	32837

(3) If the court finds that the defendant is incompetent to	32838
stand trial, if the defendant is charged with an offense listed in	32839
division (C)(1) of this section, and if the court finds that there	32840
is not a substantial probability that the defendant will become	32841
competent to stand trial even if the defendant is provided with a	32842
course of treatment, or if the maximum time for treatment relative	32843
to that offense as specified in division (C) of this section has	32844
expired, further proceedings shall be as provided in sections	32845
2945.39, 2945.401, and 2945.402 of the Revised Code.	32846

(4) If the court finds that the defendant is incompetent to	32847
stand trial, if the most serious offense with which the defendant	32848
is charged is a misdemeanor or a felony other than a felony listed	32849
in division (C)(1) of this section, and if the court finds that	32850
there is not a substantial probability that the defendant will	32851
become competent to stand trial even if the defendant is provided	32852
with a course of treatment, or if the maximum time for treatment	32853
relative to that offense as specified in division (C) of this	32854
section has expired, the court shall dismiss the indictment,	32855
information, or complaint against the defendant. A dismissal under	32856
this division is not a bar to further prosecution based on the	32857
same conduct. The court shall discharge the defendant unless the	32858
court or prosecutor files an affidavit in probate court for civil	32859
commitment pursuant to Chapter 5122. or 5123. of the Revised Code.	32860
If an affidavit for civil commitment is filed, the court may	32861
detain the defendant for ten days pending civil commitment. All of	32862
the following provisions apply to persons charged with a	32863
misdemeanor or a felony other than a felony listed in division	32864
(C)(1) of this section who are committed by the probate court	32865
subsequent to the court's or prosecutor's filing of an affidavit	32866
for civil commitment under authority of this division:	32867

(a) The chief clinical officer of the entity, hospital, or	32868
facility, the managing officer of the institution~~, the director of~~	32869
~~the program~~, or the person to which the defendant is committed or	32870
admitted shall do all of the following:	32871

(i) Notify the prosecutor, in writing, of the discharge of	32872
the defendant, send the notice at least ten days prior to the	32873
discharge unless the discharge is by the probate court, and state	32874
in the notice the date on which the defendant will be discharged;	32875

(ii) Notify the prosecutor, in writing, when the defendant is	32876
absent without leave or is granted unsupervised, off-grounds	32877
movement, and send this notice promptly after the discovery of the	32878
absence without leave or prior to the granting of the	32879
unsupervised, off-grounds movement, whichever is applicable;	32880

(iii) Notify the prosecutor, in writing, of the change of the	32881
defendant's commitment or admission to voluntary status, send the	32882
notice promptly upon learning of the change to voluntary status,	32883
and state in the notice the date on which the defendant was	32884
committed or admitted on a voluntary status.	32885

(b) Upon receiving notice that the defendant will be granted	32886
unsupervised, off-grounds movement, the prosecutor either shall	32887
re-indict the defendant or promptly notify the court that the	32888
prosecutor does not intend to prosecute the charges against the	32889
defendant.	32890

(I) If a defendant is convicted of a crime and sentenced to a	32891
jail or workhouse, the defendant's sentence shall be reduced by	32892
the total number of days the defendant is confined for evaluation	32893
to determine the defendant's competence to stand trial or	32894
treatment under this section and sections 2945.37 and 2945.371 of	32895
the Revised Code or by the total number of days the defendant is	32896
confined for evaluation to determine the defendant's mental	32897
condition at the time of the offense charged.	32898

Sec. 2945.39. (A) If a defendant who is charged with an	32899
offense described in division (C)(1) of section 2945.38 of the	32900
Revised Code is found incompetent to stand trial, after the	32901
expiration of the maximum time for treatment as specified in	32902
division (C) of that section or after the court finds that there	32903
is not a substantial probability that the defendant will become	32904
competent to stand trial even if the defendant is provided with a	32905
course of treatment, one of the following applies:	32906

(1) The court or the prosecutor may file an affidavit in	32907
probate court for civil commitment of the defendant in the manner	32908
provided in Chapter 5122. or 5123. of the Revised Code. If the	32909
court or prosecutor files an affidavit for civil commitment, the	32910
court may detain the defendant for ten days pending civil	32911
commitment. If the probate court commits the defendant subsequent	32912
to the court's or prosecutor's filing of an affidavit for civil	32913
commitment, the chief clinical officer of the entity, hospital, or	32914
facility, the managing officer of the institution, ~~the director of~~	32915
~~the program,~~ or the person to which the defendant is committed or	32916
admitted shall send to the prosecutor the notices described in	32917
divisions (H)(4)(a)(i) to (iii) of section 2945.38 of the Revised	32918
Code within the periods of time and under the circumstances	32919
specified in those divisions.	32920

(2) On the motion of the prosecutor or on its own motion, the	32921
court may retain jurisdiction over the defendant if, at a hearing,	32922
the court finds both of the following by clear and convincing	32923
evidence:	32924

(a) The defendant committed the offense with which the	32925
defendant is charged.	32926

(b) The defendant is a mentally ill person subject to	32927
hospitalization by court order or a mentally retarded person	32928
subject to institutionalization by court order.	32929

(B) In making its determination under division (A)(2) of this	32930
section as to whether to retain jurisdiction over the defendant,	32931
the court may consider all relevant evidence, including, but not	32932
limited to, any relevant psychiatric, psychological, or medical	32933
testimony or reports, the acts constituting the offense charged,	32934
and any history of the defendant that is relevant to the	32935
defendant's ability to conform to the law.	32936

(C) If the court conducts a hearing as described in division	32937
(A)(2) of this section and if the court does not make both	32938
findings described in divisions (A)(2)(a) and (b) of this section	32939
by clear and convincing evidence, the court shall dismiss the	32940
indictment, information, or complaint against the defendant. Upon	32941
the dismissal, the court shall discharge the defendant unless the	32942
court or prosecutor files an affidavit in probate court for civil	32943
commitment of the defendant pursuant to Chapter 5122. or 5123. of	32944
the Revised Code. If the court or prosecutor files an affidavit	32945
for civil commitment, the court may order that the defendant be	32946
detained for up to ten days pending the civil commitment. If the	32947
probate court commits the defendant subsequent to the court's or	32948
prosecutor's filing of an affidavit for civil commitment, the	32949
chief clinical officer of the entity, hospital, or facility, the	32950
managing officer of the institution, ~~the director of the program,~~	32951
or the person to which the defendant is committed or admitted	32952
shall send to the prosecutor the notices described in divisions	32953
(H)(4)(a)(i) to (iii) of section 2945.38 of the Revised Code	32954
within the periods of time and under the circumstances specified	32955
in those divisions. A dismissal of charges under this division is	32956
not a bar to further criminal proceedings based on the same	32957
conduct.	32958

(D)(1) If the court conducts a hearing as described in	32959
division (A)(2) of this section and if the court makes the	32960
findings described in divisions (A)(2)(a) and (b) of this section	32961
by clear and convincing evidence, the court shall commit the	32962
defendant, if determined to require mental health treatment, to a	32963
~~hospital operated by~~ the department of mental health for treatment	32964
at a hospital, facility, or agency as determined clinically	32965
appropriate by the department of mental health or, if determined	32966
to require treatment for developmental disabilities, to a facility	32967
operated by the department of developmental disabilities, or	32968
another ~~medical or psychiatric~~ facility, as appropriate. In	32969
committing the defendant to the department of mental health, the	32970
court shall specify the least restrictive limitations on the	32971
defendant's freedom of movement determined to be necessary to	32972
protect public safety. In determining the place and nature of the	32973
commitment to a facility operated by the department of	32974
developmental disabilities or another facility for treatment of	32975
developmental disabilities, the court shall order the least	32976
restrictive commitment alternative available that is consistent	32977
with public safety and the welfare of the defendant. In weighing	32978
these factors, the court shall give preference to protecting	32979
public safety.	32980

(2) If a court makes a commitment of a defendant under	32981
division (D)(1) of this section, the prosecutor shall send to the	32982
hospital, facility, or agency where the defendant is placed by the	32983
department of mental health or to the defendant's place of	32984
commitment all reports of the defendant's current mental condition	32985
and, except as otherwise provided in this division, any other	32986
relevant information, including, but not limited to, a transcript	32987
of the hearing held pursuant to division (A)(2) of this section,	32988
copies of relevant police reports, and copies of any prior arrest	32989
and conviction records that pertain to the defendant and that the	32990
prosecutor possesses. The prosecutor shall send the reports of the	32991
defendant's current mental condition in every case of commitment,	32992
and, unless the prosecutor determines that the release of any of	32993
the other relevant information to unauthorized persons would	32994
interfere with the effective prosecution of any person or would	32995
create a substantial risk of harm to any person, the prosecutor	32996
also shall send the other relevant information. ~~Upon admission of~~	32997
~~a defendant committed under division (D)(1) of this section, the~~	32998
~~place of commitment shall send to the board of alcohol, drug~~	32999
~~addiction, and mental health services or the community mental~~	33000
~~health board serving the county in which the charges against the~~	33001
~~defendant were filed a copy of all reports of the defendant's~~	33002
~~current mental condition and a copy of the other relevant~~	33003
~~information provided by the prosecutor under this division,~~	33004
~~including, if provided, a transcript of the hearing held pursuant~~	33005
~~to division (A)(2) of this section, the relevant police reports,~~	33006
~~and the prior arrest and conviction records that pertain to the~~	33007
~~defendant and that the prosecutor possesses.~~	33008

(3) If a court makes a commitment under division (D)(1) of	33009
this section, all further proceedings shall be in accordance with	33010
sections 2945.401 and 2945.402 of the Revised Code.	33011

Sec. 2945.40. (A) If a person is found not guilty by reason	33012
of insanity, the verdict shall state that finding, and the trial	33013
court shall conduct a full hearing to determine whether the person	33014
is a mentally ill person subject to hospitalization by court order	33015
or a mentally retarded person subject to institutionalization by	33016
court order. Prior to the hearing, if the trial judge believes	33017
that there is probable cause that the person found not guilty by	33018
reason of insanity is a mentally ill person subject to	33019
hospitalization by court order or mentally retarded person subject	33020
to institutionalization by court order, the trial judge may issue	33021
a temporary order of detention for that person to remain in effect	33022
for ten court days or until the hearing, whichever occurs first.	33023

Any person detained pursuant to a temporary order of	33024
detention issued under this division shall be held in a suitable	33025
facility, taking into consideration the place and type of	33026
confinement prior to and during trial.	33027

(B) The court shall hold the hearing under division (A) of	33028
this section to determine whether the person found not guilty by	33029
reason of insanity is a mentally ill person subject to	33030
hospitalization by court order or a mentally retarded person	33031
subject to institutionalization by court order within ten court	33032
days after the finding of not guilty by reason of insanity.	33033
Failure to conduct the hearing within the ten-day period shall	33034
cause the immediate discharge of the respondent, unless the judge	33035
grants a continuance for not longer than ten court days for good	33036
cause shown or for any period of time upon motion of the	33037
respondent.	33038

(C) If a person is found not guilty by reason of insanity,	33039
the person has the right to attend all hearings conducted pursuant	33040
to sections 2945.37 to 2945.402 of the Revised Code. At any	33041
hearing conducted pursuant to one of those sections, the court	33042
shall inform the person that the person has all of the following	33043
rights:	33044

(1) The right to be represented by counsel and to have that	33045
counsel provided at public expense if the person is indigent, with	33046
the counsel to be appointed by the court under Chapter 120. of the	33047
Revised Code or under the authority recognized in division (C) of	33048
section 120.06, division (E) of section 120.16, division (E) of	33049
section 120.26, or section 2941.51 of the Revised Code;	33050

(2) The right to have independent expert evaluation and to	33051
have that independent expert evaluation provided at public expense	33052
if the person is indigent;	33053

(3) The right to subpoena witnesses and documents, to present	33054
evidence on the person's behalf, and to cross-examine witnesses	33055
against the person;	33056

(4) The right to testify in the person's own behalf and to	33057
not be compelled to testify;	33058

(5) The right to have copies of any relevant medical or	33059
mental health document in the custody of the state or of any place	33060
of commitment other than a document for which the court finds that	33061
the release to the person of information contained in the document	33062
would create a substantial risk of harm to any person.	33063

(D) The hearing under division (A) of this section shall be	33064
open to the public, and the court shall conduct the hearing in	33065
accordance with the Rules of Civil Procedure. The court shall make	33066
and maintain a full transcript and record of the hearing	33067
proceedings. The court may consider all relevant evidence,	33068
including, but not limited to, any relevant psychiatric,	33069
psychological, or medical testimony or reports, the acts	33070
constituting the offense in relation to which the person was found	33071
not guilty by reason of insanity, and any history of the person	33072
that is relevant to the person's ability to conform to the law.	33073

(E) Upon completion of the hearing under division (A) of this	33074
section, if the court finds there is not clear and convincing	33075
evidence that the person is a mentally ill person subject to	33076
hospitalization by court order or a mentally retarded person	33077
subject to institutionalization by court order, the court shall	33078
discharge the person, unless a detainer has been placed upon the	33079
person by the department of rehabilitation and correction, in	33080
which case the person shall be returned to that department.	33081

(F) If, at the hearing under division (A) of this section,	33082
the court finds by clear and convincing evidence that the person	33083
is a mentally ill person subject to hospitalization by court order	33084
or, the court shall commit the person to the department of mental	33085
health for placement in a hospital, facility, or agency as	33086
determined clinically appropriate by the department of mental	33087
health. If, at the hearing under division (A) of this section, the	33088
court finds by clear and convincing evidence that the person is a	33089
mentally retarded person subject to institutionalization by court	33090
order, it shall commit the person to a ~~hospital operated by the~~	33091
~~department of mental health, a~~ facility operated by the department	33092
of developmental disabilities, or another ~~medical or psychiatric~~	33093
facility, as appropriate~~, and further~~. Further proceedings shall	33094
be in accordance with sections 2945.401 and 2945.402 of the	33095
Revised Code. In committing the person to the department of mental	33096
health, the court shall specify the least restrictive limitations	33097
to the defendant's freedom of movement determined to be necessary	33098
to protect public safety. In determining the place and nature of	33099
the commitment of a mentally retarded person subject to	33100
institutionalization by court order, the court shall order the	33101
least restrictive commitment alternative available that is	33102
consistent with public safety and the welfare of the person. In	33103
weighing these factors, the court shall give preference to	33104
protecting public safety.	33105

(G) If a court makes a commitment of a person under division	33106
(F) of this section, the prosecutor shall send to the hospital,	33107
facility, or agency where the person is placed by the department	33108
of mental health or to the defendant's place of commitment all	33109
reports of the person's current mental condition, and, except as	33110
otherwise provided in this division, any other relevant	33111
information, including, but not limited to, a transcript of the	33112
hearing held pursuant to division (A) of this section, copies of	33113
relevant police reports, and copies of any prior arrest and	33114
conviction records that pertain to the person and that the	33115
prosecutor possesses. The prosecutor shall send the reports of the	33116
person's current mental condition in every case of commitment,	33117
and, unless the prosecutor determines that the release of any of	33118
the other relevant information to unauthorized persons would	33119
interfere with the effective prosecution of any person or would	33120
create a substantial risk of harm to any person, the prosecutor	33121
also shall send the other relevant information. ~~Upon admission of~~	33122
~~a person committed under division (F) of this section, the place~~	33123
~~of commitment shall send to the board of alcohol, drug addiction,~~	33124
~~and mental health services or the community mental health board~~	33125
~~serving the county in which the charges against the person were~~	33126
~~filed a copy of all reports of the person's current mental~~	33127
~~condition and a copy of the other relevant information provided by~~	33128
~~the prosecutor under this division, including, if provided, a~~	33129
~~transcript of the hearing held pursuant to division (A) of this~~	33130
~~section, the relevant police reports, and the prior arrest and~~	33131
~~conviction records that pertain to the person and that the~~	33132
~~prosecutor possesses.~~	33133

(H) A person who is committed pursuant to this section shall	33134
not voluntarily admit the person or be voluntarily admitted to a	33135
hospital or institution pursuant to section 5122.02, 5122.15,	33136
5123.69, or 5123.76 of the Revised Code.	33137

Sec. 2945.401. (A) A defendant found incompetent to stand	33138
trial and committed pursuant to section 2945.39 of the Revised	33139
Code or a person found not guilty by reason of insanity and	33140
committed pursuant to section 2945.40 of the Revised Code shall	33141
remain subject to the jurisdiction of the trial court pursuant to	33142
that commitment, and to the provisions of this section, until the	33143
final termination of the commitment as described in division	33144
(J)(1) of this section. If the jurisdiction is terminated under	33145
this division because of the final termination of the commitment	33146
resulting from the expiration of the maximum prison term or term	33147
of imprisonment described in division (J)(1)(b) of this section,	33148
the court or prosecutor may file an affidavit for the civil	33149
commitment of the defendant or person pursuant to Chapter 5122. or	33150
5123. of the Revised Code.	33151

(B) A hearing conducted under any provision of sections	33152
2945.37 to 2945.402 of the Revised Code shall not be conducted in	33153
accordance with Chapters 5122. and 5123. of the Revised Code. Any	33154
person who is committed pursuant to section 2945.39 or 2945.40 of	33155
the Revised Code shall not voluntarily admit the person or be	33156
voluntarily admitted to a hospital or institution pursuant to	33157
section 5122.02, 5122.15, 5123.69, or 5123.76 of the Revised Code.	33158
All other provisions of Chapters 5122. and 5123. of the Revised	33159
Code regarding hospitalization or institutionalization shall apply	33160
to the extent they are not in conflict with this chapter. A	33161
commitment under section 2945.39 or 2945.40 of the Revised Code	33162
shall not be terminated and the conditions of the commitment shall	33163
not be changed except as otherwise provided in division (D)(2) of	33164
this section with respect to a mentally retarded person subject to	33165
institutionalization by court order or except by order of the	33166
trial court.	33167

(C) The ~~hospital,~~department of mental health or the	33168
institution or facility~~, or program~~ to which a defendant or person	33169
has been committed under section 2945.39 or 2945.40 of the Revised	33170
Code shall report in writing to the trial court, at the times	33171
specified in this division, as to whether the defendant or person	33172
remains a mentally ill person subject to hospitalization by court	33173
order or a mentally retarded person subject to	33174
institutionalization by court order and, in the case of a	33175
defendant committed under section 2945.39 of the Revised Code, as	33176
to whether the defendant remains incompetent to stand trial. The	33177
~~hospital~~department, institution, or facility~~, or program~~ shall	33178
make the reports after the initial six months of treatment and	33179
every two years after the initial report is made. The trial court	33180
shall provide copies of the reports to the prosecutor and to the	33181
counsel for the defendant or person. Within thirty days after its	33182
receipt pursuant to this division of a report from ~~a hospital~~the	33183
department, institution, or facility~~, or program~~, the trial court	33184
shall hold a hearing on the continued commitment of the defendant	33185
or person or on any changes in the conditions of the commitment of	33186
the defendant or person. The defendant or person may request a	33187
change in the conditions of confinement, and the trial court shall	33188
conduct a hearing on that request if six months or more have	33189
elapsed since the most recent hearing was conducted under this	33190
section.	33191

(D)(1) Except as otherwise provided in division (D)(2) of	33192
this section, when a defendant or person has been committed under	33193
section 2945.39 or 2945.40 of the Revised Code, at any time after	33194
evaluating the risks to public safety and the welfare of the	33195
defendant or person, the ~~chief clinical officer~~designee of the	33196
department of mental health or the managing officer of the	33197
institution or director of the ~~hospital,~~ facility~~, or program~~ to	33198
which the defendant or person is committed may recommend a	33199
termination of the defendant's or person's commitment or a change	33200
in the conditions of the defendant's or person's commitment.	33201

Except as otherwise provided in division (D)(2) of this	33202
section, if the ~~chief clinical officer~~designee of the department	33203
of mental health recommends on-grounds unsupervised movement,	33204
off-grounds supervised movement, or nonsecured status for the	33205
defendant or person or termination of the defendant's or person's	33206
commitment, the following provisions apply:	33207

(a) If the ~~chief clinical officer~~department's designee	33208
recommends on-grounds unsupervised movement or off-grounds	33209
supervised movement, the ~~chief clinical officer~~department's	33210
designee shall file with the trial court an application for	33211
approval of the movement and shall send a copy of the application	33212
to the prosecutor. Within fifteen days after receiving the	33213
application, the prosecutor may request a hearing on the	33214
application and, if a hearing is requested, shall so inform the	33215
~~chief clinical officer~~department's designee. If the prosecutor	33216
does not request a hearing within the fifteen-day period, the	33217
trial court shall approve the application by entering its order	33218
approving the requested movement or, within five days after the	33219
expiration of the fifteen-day period, shall set a date for a	33220
hearing on the application. If the prosecutor requests a hearing	33221
on the application within the fifteen-day period, the trial court	33222
shall hold a hearing on the application within thirty days after	33223
the hearing is requested. If the trial court, within five days	33224
after the expiration of the fifteen-day period, sets a date for a	33225
hearing on the application, the trial court shall hold the hearing	33226
within thirty days after setting the hearing date. At least	33227
fifteen days before any hearing is held under this division, the	33228
trial court shall give the prosecutor written notice of the date,	33229
time, and place of the hearing. At the conclusion of each hearing	33230
conducted under this division, the trial court either shall	33231
approve or disapprove the application and shall enter its order	33232
accordingly.	33233

(b) If the ~~chief clinical officer~~department's designee	33234
recommends termination of the defendant's or person's commitment	33235
at any time or if the ~~chief clinical officer~~department's designee	33236
recommends the first of any nonsecured status for the defendant or	33237
person, the ~~chief clinical officer~~department's designee shall	33238
send written notice of this recommendation to the trial court and	33239
to the local forensic center. The local forensic center shall	33240
evaluate the committed defendant or person and, within thirty days	33241
after its receipt of the written notice, shall submit to the trial	33242
court and the ~~chief clinical officer~~department's designee a	33243
written report of the evaluation. The trial court shall provide a	33244
copy of the ~~chief clinical officer's~~department's designee's	33245
written notice and of the local forensic center's written report	33246
to the prosecutor and to the counsel for the defendant or person.	33247
Upon the local forensic center's submission of the report to the	33248
trial court and the ~~chief clinical officer~~department's designee,	33249
all of the following apply:	33250

(i) If the forensic center disagrees with the recommendation	33251
of the ~~chief clinical officer~~department's designee, it shall	33252
inform the ~~chief clinical officer~~department's designee and the	33253
trial court of its decision and the reasons for the decision. The	33254
~~chief clinical officer~~department's designee, after consideration	33255
of the forensic center's decision, shall either withdraw, proceed	33256
with, or modify and proceed with the recommendation. If the ~~chief~~	33257
~~clinical officer~~department's designee proceeds with, or modifies	33258
and proceeds with, the recommendation, the ~~chief clinical officer~~	33259
department's designee shall proceed in accordance with division	33260
(D)(1)(b)(iii) of this section.	33261

(ii) If the forensic center agrees with the recommendation of	33262
the ~~chief clinical officer~~department's designee, it shall inform	33263
the ~~chief clinical officer~~department's designee and the trial	33264
court of its decision and the reasons for the decision, and the	33265
~~chief clinical officer~~department's designee shall proceed in	33266
accordance with division (D)(1)(b)(iii) of this section.	33267

(iii) If the forensic center disagrees with the	33268
recommendation of the ~~chief clinical officer~~ department's	33269
designee and the ~~chief clinical officer~~department's designee	33270
proceeds with, or modifies and proceeds with, the recommendation	33271
or if the forensic center agrees with the recommendation of the	33272
~~chief clinical officer~~department's designee, the ~~chief clinical~~	33273
~~officer~~department's designee shall work with ~~the board~~community	33274
mental health agencies, programs, facilities, or boards of	33275
alcohol, drug addiction, and mental health services ~~or community~~	33276
~~mental health board serving the area, as appropriate,~~ to develop a	33277
plan to implement the recommendation. If the defendant or person	33278
is on medication, the plan shall include, but shall not be limited	33279
to, a system to monitor the defendant's or person's compliance	33280
with the prescribed medication treatment plan. The system shall	33281
include a schedule that clearly states when the defendant or	33282
person shall report for a medication compliance check. The	33283
medication compliance checks shall be based upon the effective	33284
duration of the prescribed medication, taking into account the	33285
route by which it is taken, and shall be scheduled at intervals	33286
sufficiently close together to detect a potential increase in	33287
mental illness symptoms that the medication is intended to	33288
prevent.	33289

The ~~chief clinical officer, after consultation with the board~~	33290
~~of alcohol, drug addiction, and mental health services or the~~	33291
~~community mental health board serving the area,~~department's	33292
designee shall send the recommendation and plan developed under	33293
division (D)(1)(b)(iii) of this section, in writing, to the trial	33294
court, the prosecutor and the counsel for the committed defendant	33295
or person. The trial court shall conduct a hearing on the	33296
recommendation and plan developed under division (D)(1)(b)(iii) of	33297
this section. Divisions (D)(1)(c) and (d) and (E) to (J) of this	33298
section apply regarding the hearing.	33299

(c) If the ~~chief clinical officer's~~department's designee's	33300
recommendation is for nonsecured status or termination of	33301
commitment, the prosecutor may obtain an independent expert	33302
evaluation of the defendant's or person's mental condition, and	33303
the trial court may continue the hearing on the recommendation for	33304
a period of not more than thirty days to permit time for the	33305
evaluation.	33306

The prosecutor may introduce the evaluation report or present	33307
other evidence at the hearing in accordance with the Rules of	33308
Evidence.	33309

(d) The trial court shall schedule the hearing on a ~~chief~~	33310
~~clinical officer's~~department's designee's recommendation for	33311
nonsecured status or termination of commitment and shall give	33312
reasonable notice to the prosecutor and the counsel for the	33313
defendant or person. Unless continued for independent evaluation	33314
at the prosecutor's request or for other good cause, the hearing	33315
shall be held within thirty days after the trial court's receipt	33316
of the recommendation and plan.	33317

(2)(a) Division (D)(1) of this section does not apply to	33318
on-grounds unsupervised movement of a defendant or person who has	33319
been committed under section 2945.39 or 2945.40 of the Revised	33320
Code, who is a mentally retarded person subject to	33321
institutionalization by court order, and who is being provided	33322
residential habilitation, care, and treatment in a facility	33323
operated by the department of developmental disabilities.	33324

(b) If, pursuant to section 2945.39 of the Revised Code, the	33325
trial court commits a defendant who is found incompetent to stand	33326
trial and who is a mentally retarded person subject to	33327
institutionalization by court order, if the defendant is being	33328
provided residential habilitation, care, and treatment in a	33329
facility operated by the department of developmental disabilities,	33330
if an individual who is conducting a survey for the department of	33331
health to determine the facility's compliance with the	33332
certification requirements of the medicaid program under Chapter	33333
5111. of the Revised Code and Title XIX of the "Social Security	33334
Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended, cites the	33335
defendant's receipt of the residential habilitation, care, and	33336
treatment in the facility as being inappropriate under the	33337
certification requirements, if the defendant's receipt of the	33338
residential habilitation, care, and treatment in the facility	33339
potentially jeopardizes the facility's continued receipt of	33340
federal medicaid moneys, and if as a result of the citation the	33341
chief clinical officer of the facility determines that the	33342
conditions of the defendant's commitment should be changed, the	33343
department of developmental disabilities may cause the defendant	33344
to be removed from the particular facility and, after evaluating	33345
the risks to public safety and the welfare of the defendant and	33346
after determining whether another type of placement is consistent	33347
with the certification requirements, may place the defendant in	33348
another facility that the department selects as an appropriate	33349
facility for the defendant's continued receipt of residential	33350
habilitation, care, and treatment and that is a no less secure	33351
setting than the facility in which the defendant had been placed	33352
at the time of the citation. Within three days after the	33353
defendant's removal and alternative placement under the	33354
circumstances described in division (D)(2)(b) of this section, the	33355
department of developmental disabilities shall notify the trial	33356
court and the prosecutor in writing of the removal and alternative	33357
placement.	33358

The trial court shall set a date for a hearing on the removal	33359
and alternative placement, and the hearing shall be held within	33360
twenty-one days after the trial court's receipt of the notice from	33361
the department of developmental disabilities. At least ten days	33362
before the hearing is held, the trial court shall give the	33363
prosecutor, the department of developmental disabilities, and the	33364
counsel for the defendant written notice of the date, time, and	33365
place of the hearing. At the hearing, the trial court shall	33366
consider the citation issued by the individual who conducted the	33367
survey for the department of health to be prima-facie evidence of	33368
the fact that the defendant's commitment to the particular	33369
facility was inappropriate under the certification requirements of	33370
the medicaid program under Chapter 5111. of the Revised Code and	33371
Title XIX of the "Social Security Act," 49 Stat. 620 (1935), 42	33372
U.S.C.A. 301, as amended, and potentially jeopardizes the	33373
particular facility's continued receipt of federal medicaid	33374
moneys. At the conclusion of the hearing, the trial court may	33375
approve or disapprove the defendant's removal and alternative	33376
placement. If the trial court approves the defendant's removal and	33377
alternative placement, the department of developmental	33378
disabilities may continue the defendant's alternative placement.	33379
If the trial court disapproves the defendant's removal and	33380
alternative placement, it shall enter an order modifying the	33381
defendant's removal and alternative placement, but that order	33382
shall not require the department of developmental disabilities to	33383
replace the defendant for purposes of continued residential	33384
habilitation, care, and treatment in the facility associated with	33385
the citation issued by the individual who conducted the survey for	33386
the department of health.	33387

(E) In making a determination under this section regarding	33388
nonsecured status or termination of commitment, the trial court	33389
shall consider all relevant factors, including, but not limited	33390
to, all of the following:	33391

(1) Whether, in the trial court's view, the defendant or	33392
person currently represents a substantial risk of physical harm to	33393
the defendant or person or others;	33394

(2) Psychiatric and medical testimony as to the current	33395
mental and physical condition of the defendant or person;	33396

(3) Whether the defendant or person has insight into the	33397
dependant's or person's condition so that the defendant or person	33398
will continue treatment as prescribed or seek professional	33399
assistance as needed;	33400

(4) The grounds upon which the state relies for the proposed	33401
commitment;	33402

(5) Any past history that is relevant to establish the	33403
defendant's or person's degree of conformity to the laws, rules,	33404
regulations, and values of society;	33405

(6) If there is evidence that the defendant's or person's	33406
mental illness is in a state of remission, the medically suggested	33407
cause and degree of the remission and the probability that the	33408
defendant or person will continue treatment to maintain the	33409
remissive state of the defendant's or person's illness should the	33410
defendant's or person's commitment conditions be altered.	33411

(F) At any hearing held pursuant to division (C) or (D)(1) or	33412
(2) of this section, the defendant or the person shall have all	33413
the rights of a defendant or person at a commitment hearing as	33414
described in section 2945.40 of the Revised Code.	33415

(G) In a hearing held pursuant to division (C) or (D)(1) of	33416
this section, the prosecutor has the burden of proof as follows:	33417

(1) For a recommendation of termination of commitment, to	33418
show by clear and convincing evidence that the defendant or person	33419
remains a mentally ill person subject to hospitalization by court	33420
order or a mentally retarded person subject to	33421
institutionalization by court order;	33422

(2) For a recommendation for a change in the conditions of	33423
the commitment to a less restrictive status, to show by clear and	33424
convincing evidence that the proposed change represents a threat	33425
to public safety or a threat to the safety of any person.	33426

(H) In a hearing held pursuant to division (C) or (D)(1) or	33427
(2) of this section, the prosecutor shall represent the state or	33428
the public interest.	33429

(I) At the conclusion of a hearing conducted under division	33430
(D)(1) of this section regarding a recommendation from the ~~chief~~	33431
~~clinical officer~~designee of the department of mental health,	33432
managing officer of the institution, or director of a ~~hospital,~~	33433
~~program, or~~ facility, the trial court may approve, disapprove, or	33434
modify the recommendation and shall enter an order accordingly.	33435

(J)(1) A defendant or person who has been committed pursuant	33436
to section 2945.39 or 2945.40 of the Revised Code continues to be	33437
under the jurisdiction of the trial court until the final	33438
termination of the commitment. For purposes of division (J) of	33439
this section, the final termination of a commitment occurs upon	33440
the earlier of one of the following:	33441

(a) The defendant or person no longer is a mentally ill	33442
person subject to hospitalization by court order or a mentally	33443
retarded person subject to institutionalization by court order, as	33444
determined by the trial court;	33445

(b) The expiration of the maximum prison term or term of	33446
imprisonment that the defendant or person could have received if	33447
the defendant or person had been convicted of the most serious	33448
offense with which the defendant or person is charged or in	33449
relation to which the defendant or person was found not guilty by	33450
reason of insanity;	33451

(c) The trial court enters an order terminating the	33452
commitment under the circumstances described in division	33453
(J)(2)(a)(ii) of this section.	33454

(2)(a) If a defendant is found incompetent to stand trial and	33455
committed pursuant to section 2945.39 of the Revised Code, if	33456
neither of the circumstances described in divisions (J)(1)(a) and	33457
(b) of this section applies to that defendant, and if a report	33458
filed with the trial court pursuant to division (C) of this	33459
section indicates that the defendant presently is competent to	33460
stand trial or if, at any other time during the period of the	33461
defendant's commitment, the prosecutor, the counsel for the	33462
defendant, or the ~~chief clinical officer~~designee of the	33463
department of mental health or the managing officer of the	33464
institution or director of the ~~hospital,~~ facility~~, or program~~ to	33465
which the defendant is committed files an application with the	33466
trial court alleging that the defendant presently is competent to	33467
stand trial and requesting a hearing on the competency issue or	33468
the trial court otherwise has reasonable cause to believe that the	33469
defendant presently is competent to stand trial and determines on	33470
its own motion to hold a hearing on the competency issue, the	33471
trial court shall schedule a hearing on the competency of the	33472
defendant to stand trial, shall give the prosecutor, the counsel	33473
for the defendant, and the ~~chief clinical officer~~department's	33474
designee or the managing officer of the institution or the	33475
director of the facility to which the defendant is committed	33476
notice of the date, time, and place of the hearing at least	33477
fifteen days before the hearing, and shall conduct the hearing	33478
within thirty days of the filing of the application or of its own	33479
motion. If, at the conclusion of the hearing, the trial court	33480
determines that the defendant presently is capable of	33481
understanding the nature and objective of the proceedings against	33482
the defendant and of assisting in the defendant's defense, the	33483
trial court shall order that the defendant is competent to stand	33484
trial and shall be proceeded against as provided by law with	33485
respect to the applicable offenses described in division (C)(1) of	33486
section 2945.38 of the Revised Code and shall enter whichever of	33487
the following additional orders is appropriate:	33488

(i) If the trial court determines that the defendant remains	33489
a mentally ill person subject to hospitalization by court order or	33490
a mentally retarded person subject to institutionalization by	33491
court order, the trial court shall order that the defendant's	33492
commitment to the ~~hospital,~~department of mental health or to an	33493
institution or facility~~, or program~~for the treatment of	33494
developmental disabilities be continued during the pendency of the	33495
trial on the applicable offenses described in division (C)(1) of	33496
section 2945.38 of the Revised Code.	33497

(ii) If the trial court determines that the defendant no	33498
longer is a mentally ill person subject to hospitalization by	33499
court order or a mentally retarded person subject to	33500
institutionalization by court order, the trial court shall order	33501
that the defendant's commitment to the ~~hospital,~~department of	33502
mental health or to an institution or facility~~, or program~~for the	33503
treatment of developmental disabilities shall not be continued	33504
during the pendency of the trial on the applicable offenses	33505
described in division (C)(1) of section 2945.38 of the Revised	33506
Code. This order shall be a final termination of the commitment	33507
for purposes of division (J)(1)(c) of this section.	33508

(b) If, at the conclusion of the hearing described in	33509
division (J)(2)(a) of this section, the trial court determines	33510
that the defendant remains incapable of understanding the nature	33511
and objective of the proceedings against the defendant or of	33512
assisting in the defendant's defense, the trial court shall order	33513
that the defendant continues to be incompetent to stand trial,	33514
that the defendant's commitment to the ~~hospital,~~department of	33515
mental health or to an institution or facility~~, or program~~for the	33516
treatment of developmental disabilities shall be continued, and	33517
that the defendant remains subject to the jurisdiction of the	33518
trial court pursuant to that commitment, and to the provisions of	33519
this section, until the final termination of the commitment as	33520
described in division (J)(1) of this section.	33521

Sec. 2945.402. (A) In approving a conditional release, the	33522
trial court may set any conditions on the release with respect to	33523
the treatment, evaluation, counseling, or control of the defendant	33524
or person that the court considers necessary to protect the public	33525
safety and the welfare of the defendant or person. The trial court	33526
may revoke a defendant's or person's conditional release and order	33527
~~rehospitalization~~reinstatement of the previous placement or	33528
reinstitutionalization at any time the conditions of the release	33529
have not been satisfied, provided that the revocation shall be in	33530
accordance with this section.	33531

(B) A conditional release is a commitment. The hearings on	33532
continued commitment as described in section 2945.401 of the	33533
Revised Code apply to a defendant or person on conditional	33534
release.	33535

(C) A person, agency, or facility that is assigned to monitor	33536
a defendant or person on conditional release immediately shall	33537
notify the trial court on learning that the defendant or person	33538
being monitored has violated the terms of the conditional release.	33539
Upon learning of any violation of the terms of the conditional	33540
release, the trial court may issue a temporary order of detention	33541
or, if necessary, an arrest warrant for the defendant or person.	33542
Within ten court days after the defendant's or person's detention	33543
or arrest, the trial court shall conduct a hearing to determine	33544
whether the conditional release should be modified or terminated.	33545
At the hearing, the defendant or person shall have the same rights	33546
as are described in division (C) of section 2945.40 of the Revised	33547
Code. The trial court may order a continuance of the ten-court-day	33548
period for no longer than ten days for good cause shown or for any	33549
period on motion of the defendant or person. If the trial court	33550
fails to conduct the hearing within the ten-court-day period and	33551
does not order a continuance in accordance with this division, the	33552
defendant or person shall be restored to the prior conditional	33553
release status.	33554

(D) The trial court shall give all parties reasonable notice	33555
of a hearing conducted under this section. At the hearing, the	33556
prosecutor shall present the case demonstrating that the defendant	33557
or person violated the terms of the conditional release. If the	33558
court finds by a preponderance of the evidence that the defendant	33559
or person violated the terms of the conditional release, the court	33560
may continue, modify, or terminate the conditional release and	33561
shall enter its order accordingly.	33562

Sec. 3109.16. The children's trust fund board, upon the	33563
recommendation of the director of job and family services, shall	33564
approve the employment of an executive director who will	33565
administer the programs of the board. The department of job and	33566
family services shall provide budgetary, procurement, accounting,	33567
and other related management functions for the board and may adopt	33568
rules in accordance with Chapter 119. of the Revised Code for	33569
these purposes. An amount not to exceed three per cent of the	33570
total amount of fees deposited in the children's trust fund in	33571
each fiscal year may be used for costs directly related to these	33572
administrative functions of the department. Each fiscal year, the	33573
board shall approve a budget for administrative expenditures for	33574
the next fiscal year.	33575

The board may request that the department adopt rules the	33576
board considers necessary for the purpose of carrying out the	33577
board's responsibilities under this section, and the department	33578
may adopt those rules. The department may, after consultation with	33579
the board and the executive director, adopt any other rules to	33580
assist the board in carrying out its responsibilities under this	33581
section. In either case, the rules shall be adopted under Chapter	33582
119. of the Revised Code.	33583

The board shall meet at least quarterly at the call of the	33584
chairperson to conduct its official business. All business	33585
transactions of the board shall be conducted in public meetings.	33586
Eight members of the board constitute a quorum. A majority of the	33587
board members is required to adopt the state plan for the	33588
allocation of funds from the children's trust fund. A majority of	33589
the quorum is required to make all other decisions of the board.	33590

The board may apply for and accept federal and other funds	33591
for the purpose of funding child abuse and child neglect	33592
prevention programs. In addition, the board may accept gifts and	33593
donations from any source, including individuals, philanthropic	33594
foundations or organizations, corporations, or corporation	33595
endowments. The acceptance and use of federal funds shall not	33596
entail any commitment or pledge of state funds, nor obligate the	33597
general assembly to continue the programs or activities for which	33598
the federal funds are made available. All funds received in the	33599
manner described in this section shall be transmitted to the	33600
treasurer of state, who shall credit them to the children's trust	33601
fund created in section 3109.14 of the Revised Code.	33602

Sec. 3111.04. (A) An action to determine the existence or	33603
nonexistence of the father and child relationship may be brought	33604
by the child or the child's personal representative, the child's	33605
mother or her personal representative, a man alleged or alleging	33606
himself to be the child's father, the child support enforcement	33607
agency of the county in which the child resides if the child's	33608
mother, father, or alleged father is a recipient of public	33609
assistance or of services under Title IV-D of the "Social Security	33610
Act," 88 Stat. 2351 (1975), 42 U.S.C.A. 651, as amended, or the	33611
alleged father's personal representative.	33612

(B) An agreement does not bar an action under this section.

33613

(C) If an action under this section is brought before the	33614
birth of the child and if the action is contested, all	33615
proceedings, except service of process and the taking of	33616
depositions to perpetuate testimony, may be stayed until after the	33617
birth.	33618

(D) A recipient of public assistance or of services under	33619
Title IV-D of the "Social Security Act," 88 Stat. 2351 (1975), 42	33620
U.S.C.A. 651, as amended, shall cooperate with the child support	33621
enforcement agency of the county in which a child resides to	33622
obtain an administrative determination pursuant to sections	33623
3111.38 to 3111.54 of the Revised Code, or, if necessary, a court	33624
determination pursuant to sections 3111.01 to 3111.18 of the	33625
Revised Code, of the existence or nonexistence of a parent and	33626
child relationship between the father and the child. If the	33627
recipient fails to cooperate, the agency may commence an action to	33628
determine the existence or nonexistence of a parent and child	33629
relationship between the father and the child pursuant to sections	33630
3111.01 to 3111.18 of the Revised Code.	33631

(E) As used in this section, "public assistance" means all of	33632
the following:	33633

(1) Medicaid under Chapter 5111. of the Revised Code;

33634

(2) Ohio works first under Chapter 5107. of the Revised Code;

33635

(3) Disability financial assistance under Chapter 5115. of	33636
the Revised Code;	33637

~~(4) Children's buy-in program under sections 5101.5211 to~~	33638
~~5101.5216 of the Revised Code~~.	33639

Sec. 3113.06. No father, or mother when she is charged with	33640
the maintenance, of a child under eighteen years of age, or a	33641
mentally or physically handicapped child under age twenty-one, who	33642
is legally a ward of a public children services agency or is the	33643
recipient of aid pursuant to ~~sections 5101.5211 to 5101.5216 or~~	33644
Chapter 5107. or 5115. of the Revised Code, shall neglect or	33645
refuse to pay such agency the reasonable cost of maintaining such	33646
child when such father or mother is able to do so by reason of	33647
property, labor, or earnings.	33648

An offense under this section shall be held committed in the	33649
county in which the agency is located. The agency shall file	33650
charges against any parent who violates this section, unless the	33651
agency files charges under section 2919.21 of the Revised Code, or	33652
unless charges of nonsupport are filed by a relative or guardian	33653
of the child, or unless an action to enforce support is brought	33654
under Chapter 3115. of the Revised Code.	33655

Sec. 3119.54. A party to a child support order issued in	33656
accordance with section 3119.30 of the Revised Code shall notify	33657
any physician, hospital, or other provider of medical services	33658
that provides medical services to the child who is the subject of	33659
the child support order of the number of any health insurance or	33660
health care policy, contract, or plan that covers the child if the	33661
child is eligible for medical assistance under ~~sections 5101.5211~~	33662
~~to 5101.5216 or~~ Chapter 5111. of the Revised Code. The party shall	33663
include in the notice the name and address of the insurer. Any	33664
physician, hospital, or other provider of medical services for	33665
which medical assistance is available under ~~sections 5101.5211 to~~	33666
~~5101.5216 or~~ Chapter 5111. of the Revised Code who is notified	33667
under this section of the existence of a health insurance or	33668
health care policy, contract, or plan with coverage for children	33669
who are eligible for medical assistance shall first bill the	33670
insurer for any services provided for those children. If the	33671
insurer fails to pay all or any part of a claim filed under this	33672
section and the services for which the claim is filed are covered	33673
by ~~sections 5101.5211 to 5101.5216 or~~ Chapter 5111. of the Revised	33674
Code, the physician, hospital, or other medical services provider	33675
shall bill the remaining unpaid costs of the services in	33676
accordance with ~~sections 5101.5211 to 5101.5216 or~~ Chapter 5111.	33677
of the Revised Code.	33678

Sec. 3121.48. The office of child support shall ~~maintain~~	33679
administer a ~~separate account~~fund for the deposit of support	33680
payments it receives as trustee for remittance to the persons	33681
entitled to receive the support payments. The fund shall be in the	33682
custody of the treasurer of state, but shall not be part of the	33683
state treasury.	33684

Sec. 3123.44. (A) Notice shall be sent to an individual	33685
described in section 3123.42 of the Revised Code in compliance	33686
with section 3121.23 of the Revised Code. The notice shall specify	33687
that a court or child support enforcement agency has determined	33688
the individual to be in default under a child support order or	33689
that the individual is an obligor who has failed to comply with a	33690
subpoena or warrant issued by a court or agency with respect to a	33691
proceeding to enforce a child support order, that a notice	33692
containing the individual's name and social security number or	33693
other identification number may be sent to every board that has	33694
authority to issue or has issued the individual a license, and	33695
that, if the board receives that notice and determines that the	33696
individual is the individual named in that notice and the board	33697
has not received notice under section 3123.45 or 3123.46 of the	33698
Revised Code, all of the following will occur:	33699

~~(A)~~(1) The board will not issue any license to the individual	33700
or renew any license of the individual.	33701

~~(B)~~(2) The board will suspend any license of the individual	33702
if it determines that the individual is the individual named in	33703
the notice sent to the board under section 3123.43 of the Revised	33704
Code.	33705

~~(C)~~(3) If the individual is the individual named in the	33706
notice, the board will not issue any license to the individual,	33707
and will not reinstate a suspended license, until the board	33708
receives a notice under section 3123.45 or 3123.46 of the Revised	33709
Code.	33710

(B) If an agency makes the determination described in	33711
division (A) of section 3123.42 of the Revised Code, it shall not	33712
send the notice described in division (A) of this section unless	33713
both of the following are the case:	33714

(1) At least ninety days have elapsed since the final and	33715
enforceable determination of default;	33716

(2) In the preceding ninety days, the obligor has failed to	33717
pay at least fifty per cent of the arrearage through means other	33718
than those described in sections 3123.81 to 3123.85 of the Revised	33719
Code.	33720

(C) The department of job and family services shall adopt	33721
rules pursuant to section 3123.63 of the Revised Code establishing	33722
a uniform pre-suspension notice form that shall be used by	33723
agencies that send notice as required by this section.	33724

Sec. 3123.45. A child support enforcement agency that sent a	33725
notice to a board of an individual's default under a child support	33726
order shall send to each board to which the agency sent the notice	33727
a further notice that the individual is not in default if it	33728
determines that the individual is not in default or any of the	33729
following occurs:	33730

(A) The individual makes full payment to the office of child	33731
support in the department of job and family services or, pursuant	33732
to sections 3125.27 to 3125.30 of the Revised Code, the child	33733
support enforcement agency of the arrearage that was the basis for	33734
the court or agency determination that the individual was in	33735
default.	33736

(B) AnThe individual has presented to the agency sufficient	33737
evidence of current employment or of an account in a financial	33738
institution, the agency has confirmed the individual's employment	33739
or the existence of the account, and an appropriate withholding or	33740
deduction notice ~~or other appropriate order~~ described in section	33741
3121.03~~, 3121.04, 3121.05, 3121.06, or 3121.12~~ of the Revised Code	33742
has been issued to collect current support and any arrearage due	33743
under the child support order that was in default~~, and the~~	33744
~~individual is complying with the notice or order~~.	33745

(C) ~~A new child support order has been issued or the child~~	33746
~~support order that was in default, has been modified to collect~~	33747
~~current support and any arrearage due under the child support~~	33748
~~order that was in default, and the individual is complying with~~	33749
~~the new or modified child support order~~The individual presents	33750
evidence to the agency sufficient to establish that the individual	33751
is unable to work due to circumstances beyond the individual's	33752
control.	33753

The agency shall send the notice under this section not later	33754
than seven days after the agency determines the individual is not	33755
in default or that any of the circumstances specified in this	33756
section has occurred.	33757

Sec. 3123.55. (A) Notice shall be sent to the individual	33758
described in section ~~3123.54~~3123.53 of the Revised Code in	33759
compliance with section 3121.23 of the Revised Code. The notice	33760
shall specify that a court or child support enforcement agency has	33761
determined the individual to be in default under a child support	33762
order or that the individual is an obligor under a child support	33763
order who has failed to comply with a subpoena or warrant issued	33764
by a court or agency with respect to a proceeding to enforce a	33765
child support order, that a notice containing the individual's	33766
name and social security number or other identification number may	33767
be sent to the registrar of motor vehicles, and that, if the	33768
registrar receives that notice and determines that the individual	33769
is the individual named in that notice and the registrar has not	33770
received notice under section 3123.56 or 3123.57 of the Revised	33771
Code, all of the following will occur:	33772

~~(A)~~(1) The registrar and all deputy registrars will be	33773
prohibited from issuing to the individual a driver's or commercial	33774
driver's license, motorcycle operator's license or endorsement, or	33775
temporary instruction permit or commercial driver's temporary	33776
instruction permit.	33777

~~(B)~~(2) The registrar and all deputy registrars will be	33778
prohibited from renewing for the individual a driver's or	33779
commercial driver's license, motorcycle operator's license or	33780
endorsement, or commercial driver's temporary instruction permit.	33781

~~(C)~~(3) If the individual holds a driver's or commercial	33782
driver's license, motorcycle operator's license or endorsement, or	33783
temporary instruction permit or commercial driver's temporary	33784
instruction permit, the registrar will impose a class F suspension	33785
under division (B)(6) of section 4510.02 of the Revised Code if	33786
the registrar determines that the individual is the individual	33787
named in the notice sent pursuant to section 3123.54 of the	33788
Revised Code.	33789

~~(D)~~(4) If the individual is the individual named in the	33790
notice, the individual will not be issued or have renewed any	33791
license, endorsement, or permit, and no suspension will be lifted	33792
with respect to any license, endorsement, or permit listed in this	33793
section until the registrar receives a notice under section	33794
3123.56 or 3123.57 of the Revised Code.	33795

(B) If an agency makes the determination described in	33796
division (A) of section 3123.53 of the Revised Code, it shall not	33797
send the notice described in division (A) of this section unless	33798
both of the following are the case:	33799

(1) At least ninety days have elapsed since the final and	33800
enforceable determination of default;	33801

(2) In the preceding ninety days, the obligor has failed to	33802
pay at least fifty per cent of the arrearage through means other	33803
than those described in sections 3123.81 to 3123.85 of the Revised	33804
Code.	33805

(C) The department of job and family services shall adopt	33806
rules pursuant to section 3123.63 of the Revised Code establishing	33807
a uniform pre-suspension notice form that shall be used by	33808
agencies that send notice as required by this section.	33809

Sec. 3123.56. A child support enforcement agency that sent a	33810
notice under section 3123.54 of the Revised Code of an	33811
individual's default under a child support order shall send to the	33812
registrar of motor vehicles a notice that the individual is not in	33813
default if it determines that the individual is not in default or	33814
any of the following occurs:	33815

(A) The individual makes full payment to the office of child	33816
support or, pursuant to sections 3125.27 to 3125.30 of the Revised	33817
Code, to the child support enforcement agency of the arrearage	33818
that was the basis for the court or agency determination that the	33819
individual was in default.	33820

(B) AnThe individual has presented to the agency sufficient	33821
evidence of current employment or of an account in a financial	33822
institution, the agency has confirmed the individual's employment	33823
or the existence of the account, and an appropriate withholding or	33824
deduction notice ~~or other appropriate order~~ described in section	33825
3121.03~~, 3121.04, 3121.05, 3121.06, or 3121.12~~ of the Revised Code	33826
has been issued to collect current support and any arrearage due	33827
under the child support order that was in default~~, and the~~	33828
~~individual is complying with the notice or order~~.	33829

(C) ~~A new child support order has been issued or the child~~	33830
~~support order that was in default has been modified to collect~~	33831
~~current support and any arrearage due under the child support~~	33832
~~order that was in default, and the individual is complying with~~	33833
~~the new or modified child support order~~The individual presents	33834
evidence to the agency sufficient to establish that the individual	33835
is unable to work due to circumstances beyond the individual's	33836
control.	33837

The agency shall send the notice under this section not later	33838
than seven days after it determines the individual is not in	33839
default or that any of the circumstances specified in this section	33840
has occurred.	33841

Sec. 3123.58. (A) On receipt of a notice pursuant to section	33842
3123.54 of the Revised Code, the registrar of motor vehicles shall	33843
determine whether the individual named in the notice holds or has	33844
applied for a driver's license or commercial driver's license,	33845
motorcycle operator's license or endorsement, or temporary	33846
instruction permit or commercial driver's temporary instruction	33847
permit. If the registrar determines that the individual holds or	33848
has applied for a license, permit, or endorsement and the	33849
individual is the individual named in the notice and does not	33850
receive a notice pursuant to section 3123.56 or 3123.57 of the	33851
Revised Code, the registrar immediately shall provide notice of	33852
the determination to each deputy registrar. The registrar or a	33853
deputy registrar may not issue to the individual a driver's or	33854
commercial driver's license, motorcycle operator's license or	33855
endorsement, or temporary instruction permit or commercial	33856
driver's temporary instruction permit and may not renew for the	33857
individual a driver's or commercial driver's license, motorcycle	33858
operator's license or endorsement, or commercial driver's	33859
temporary instruction permit. The registrar or a deputy registrar	33860
also shall impose a class F suspension of the license, permit, or	33861
endorsement held by the individual under division (B)(6) of	33862
section 4510.02 of the Revised Code.	33863

~~(B) Prior to the date specified in section 3123.52 of the~~	33864
~~Revised Code, the registrar of motor vehicles or a deputy~~	33865
~~registrar shall do only the following with respect to an~~	33866
~~individual if the registrar makes the determination required under~~	33867
~~division (A) of this section and no notice is received concerning~~	33868
~~the individual under section 3123.56 or 3123.57 of the Revised~~	33869
~~Code:~~	33870

~~(1) Refuse to issue or renew the individual's commercial~~	33871
~~driver's license or commercial driver's temporary instruction~~	33872
~~permit;~~	33873

~~(2) Impose a class F suspension under division (B)(6) of~~	33874
~~section 4510.02 of the Revised Code on the individual with respect~~	33875
~~to the license or permit held by the individual.~~	33876

Sec. 3123.59. Not later than seven days after receipt of a	33877
notice pursuant to section 3123.56 or 3123.57 of the Revised Code,	33878
the registrar of motor vehicles shall notify each deputy registrar	33879
of the notice. The registrar and each deputy registrar shall then,	33880
if the individual otherwise is eligible for the license, permit,	33881
or endorsement and wants the license, permit, or endorsement,	33882
issue a license, permit, or endorsement to, or renew a license,	33883
permit, or endorsement of, the individual, or, if the registrar	33884
imposed a class F suspension of the individual's license, permit,	33885
or endorsement pursuant to division (A) of section 3123.58 of the	33886
Revised Code, remove the suspension. ~~On and after the date~~	33887
~~specified in section 3123.52 of the Revised Code, the registrar or~~	33888
~~a deputy registrar shall remove, after receipt of a notice under~~	33889
~~section 3123.56 or 3123.57 of the Revised Code, a class F~~	33890
~~suspension imposed on an individual with respect to a license or~~	33891
~~permit pursuant to division (B) of section 3123.58 of the Revised~~	33892
~~Code.~~ The registrar or a deputy registrar may charge a fee of not	33893
more than twenty-five dollars for issuing or renewing or removing	33894
the suspension of a license, permit, or endorsement pursuant to	33895
this section. The fees collected by the registrar pursuant to this	33896
section shall be paid into the state bureau of motor vehicles fund	33897
established in section 4501.25 of the Revised Code.	33898

Sec. 3123.591. A child support enforcement agency may,	33899
pursuant to rules adopted under section 3123.63 of the Revised	33900
Code, direct the registrar of motor vehicles to eliminate from the	33901
abstract maintained by the bureau of motor vehicles any reference	33902
to the suspension of an individual's license, permit, or	33903
endorsement imposed under section 3123.58 of the Revised Code.	33904

Sec. 3123.63. The director of job and family services ~~may~~	33905
shall adopt rules in accordance with Chapter 119. of the Revised	33906
Code to implement sections 3123.41 to 3123.50, ~~3123.52~~3123.53 to	33907
~~3123.614~~3123.60, and 3123.62 of the Revised Code. The rules shall	33908
include both of the following:	33909

(A) Requirements concerning the contents of, and the	33910
conditions for issuance of, a notice required by section 3123.44	33911
or 3123.55 of the Revised Code. The rules shall require the	33912
contents of the notice to include information about the effect of	33913
a license suspension and appropriate steps that an individual can	33914
take to avoid license suspension.	33915

(B) Requirements concerning the authority of a child support	33916
enforcement agency to direct the registrar of motor vehicles to	33917
eliminate from the abstract maintained by the bureau of motor	33918
vehicles any reference to the suspension of an individual's	33919
license, permit, or endorsement imposed under section 3123.58 of	33920
the Revised Code.	33921

Sec. 3301.07. The state board of education shall exercise	33922
under the acts of the general assembly general supervision of the	33923
system of public education in the state. In addition to the powers	33924
otherwise imposed on the state board under the provisions of law,	33925
the board shall have the powers described in this section.	33926

(A) The state board shall exercise policy forming, planning,	33927
and evaluative functions for the public schools of the state	33928
except as otherwise provided by law.	33929

(B)(1) The state board shall exercise leadership in the	33930
improvement of public education in this state, and administer the	33931
educational policies of this state relating to public schools, and	33932
relating to instruction and instructional material, building and	33933
equipment, transportation of pupils, administrative	33934
responsibilities of school officials and personnel, and finance	33935
and organization of school districts, educational service centers,	33936
and territory. Consultative and advisory services in such matters	33937
shall be provided by the board to school districts and educational	33938
service centers of this state.	33939

(2) The state board also shall develop a standard of	33940
financial reporting which shall be used by each school district	33941
board of education and educational service center governing board	33942
to make its financial information and annual budgets for each	33943
school building under its control available to the public in a	33944
format understandable by the average citizen. The format shall	33945
show, among other things, at the district and educational service	33946
center level or at the school building level, as determined	33947
appropriate by the department of education, revenue by source;	33948
expenditures for salaries, wages, and benefits of employees,	33949
showing such amounts separately for classroom teachers, other	33950
employees required to hold licenses issued pursuant to sections	33951
3319.22 to 3319.31 of the Revised Code, and all other employees;	33952
expenditures other than for personnel, by category, including	33953
utilities, textbooks and other educational materials, equipment,	33954
permanent improvements, pupil transportation, extracurricular	33955
athletics, and other extracurricular activities; and per pupil	33956
expenditures.	33957

(C) The state board shall administer and supervise the	33958
allocation and distribution of all state and federal funds for	33959
public school education under the provisions of law, and may	33960
prescribe such systems of accounting as are necessary and proper	33961
to this function. It may require county auditors and treasurers,	33962
boards of education, educational service center governing boards,	33963
treasurers of such boards, teachers, and other school officers and	33964
employees, or other public officers or employees, to file with it	33965
such reports as it may prescribe relating to such funds, or to the	33966
management and condition of such funds.	33967

(D)(1) Wherever in Titles IX, XXIII, XXIX, XXXIII, XXXVII,	33968
XLVII, and LI of the Revised Code a reference is made to standards	33969
prescribed under this section or division (D) of this section,	33970
that reference shall be construed to refer to the standards	33971
prescribed under division (D)(2) of this section, unless the	33972
context specifically indicates a different meaning or intent.	33973

(2) The state board shall formulate and prescribe minimum	33974
standards to be applied to all elementary and secondary schools in	33975
this state for the purpose of requiring a general education of	33976
high quality. Such standards shall provide adequately for: the	33977
licensing of teachers, administrators, and other professional	33978
personnel and their assignment according to training and	33979
qualifications; efficient and effective instructional materials	33980
and equipment, including library facilities; the proper	33981
organization, administration, and supervision of each school,	33982
including regulations for preparing all necessary records and	33983
reports and the preparation of a statement of policies and	33984
objectives for each school; buildings, grounds, health and	33985
sanitary facilities and services; admission of pupils, and such	33986
requirements for their promotion from grade to grade as will	33987
assure that they are capable and prepared for the level of study	33988
to which they are certified; requirements for graduation; and such	33989
other factors as the board finds necessary.	33990

In the formulation and administration of such standards for	33991
nonpublic schools the board shall also consider the particular	33992
needs, methods and objectives of those schools, provided they do	33993
not conflict with the provision of a general education of a high	33994
quality and provided that regular procedures shall be followed for	33995
promotion from grade to grade of pupils who have met the	33996
educational requirements prescribed.	33997

In the formulation and administration of such standards as	33998
they relate to instructional materials and equipment in public	33999
schools, including library materials, the board shall require that	34000
the material and equipment be aligned with and promote skills	34001
expected under the statewide academic standards adopted under	34002
section 3301.079 of the Revised Code.	34003

(3) In addition to the minimum standards required by division	34004
(D)(2) of this section, the state board ~~shall~~may formulate and	34005
prescribe the following additional minimum operating standards for	34006
school districts:	34007

(a) Standards for the effective and efficient organization,	34008
administration, and supervision of each school district so that it	34009
becomes a thinking and learning organization according to	34010
principles of systems design and collaborative professional	34011
learning communities research as defined by the superintendent of	34012
public instruction, including a focus on the personalized and	34013
individualized needs of each student; a shared responsibility	34014
among school boards, administrators, faculty, and staff to develop	34015
a common vision, mission, and set of guiding principles; a shared	34016
responsibility among school boards, administrators, faculty, and	34017
staff to engage in a process of collective inquiry, action	34018
orientation, and experimentation to ensure the academic success of	34019
all students; commitment to teaching and learning strategies that	34020
utilize technological tools and emphasize inter-disciplinary,	34021
real-world, project-based, and technology-oriented learning	34022
experiences to meet the individual needs of every student;	34023
commitment to high expectations for every student and commitment	34024
to closing the achievement gap so that all students achieve core	34025
knowledge and skills in accordance with the statewide academic	34026
standards adopted under section 3301.079 of the Revised Code;	34027
commitment to the use of assessments to diagnose the needs of each	34028
student; effective connections and relationships with families and	34029
others that support student success; and commitment to the use of	34030
positive behavior intervention supports throughout a district to	34031
ensure a safe and secure learning environment for all students;	34032

(b) Standards for the establishment of business advisory	34033
councils ~~and family and civic engagement teams by school districts~~	34034
under ~~sections~~section 3313.82~~, 3313.821, and 3313.822~~ of the	34035
Revised Code;	34036

(c) ~~Standards incorporating the classifications for the~~	34037
~~components of the adequacy amount under Chapter 3306. of the~~	34038
~~Revised Code into core academic strategy components and academic~~	34039
~~improvement components, as specified in rules adopted under~~	34040
~~section 3306.25 of the Revised Code;~~	34041

~~(d)~~ Standards for school district ~~organizational units, as~~	34042
~~defined in sections 3306.02 and 3306.04 of the Revised Code,~~	34043
buildings that may require:	34044

(i) The effective and efficient organization, administration,	34045
and supervision of each school district ~~organizational unit~~	34046
building so that it becomes a thinking and learning organization	34047
according to principles of systems design and collaborative	34048
professional learning communities research as defined by the state	34049
superintendent, including a focus on the personalized and	34050
individualized needs of each student; a shared responsibility	34051
among ~~organizational unit~~building administrators, faculty, and	34052
staff to develop a common vision, mission, and set of guiding	34053
principles; a shared responsibility among ~~organizational unit~~	34054
building administrators, faculty, and staff to engage in a process	34055
of collective inquiry, action orientation, and experimentation to	34056
ensure the academic success of all students; commitment to job	34057
embedded professional development and professional mentoring and	34058
coaching; established periods of time for teachers to pursue	34059
planning time for the development of lesson plans, professional	34060
development, and shared learning; commitment to effective	34061
management strategies that allow administrators reasonable access	34062
to classrooms for observation and professional development	34063
experiences; commitment to teaching and learning strategies that	34064
utilize technological tools and emphasize inter-disciplinary,	34065
real-world, project-based, and technology-oriented learning	34066
experiences to meet the individual needs of every student;	34067
commitment to high expectations for every student and commitment	34068
to closing the achievement gap so that all students achieve core	34069
knowledge and skills in accordance with the statewide academic	34070
standards adopted under section 3301.079 of the Revised Code;	34071
commitment to the use of assessments to diagnose the needs of each	34072
student; effective connections and relationships with families and	34073
others that support student success; commitment to the use of	34074
positive behavior intervention supports throughout the	34075
~~organizational unit~~building to ensure a safe and secure learning	34076
environment for all students;	34077

(ii) A school ~~organizational unit~~building leadership team to	34078
coordinate positive behavior intervention supports, ~~family and~~	34079
~~civic engagement services,~~ learning environments, thinking and	34080
learning systems, collaborative planning, planning time, student	34081
academic interventions, student extended learning opportunities,	34082
and other activities identified by the team and approved by the	34083
district board of education. The team shall include the building	34084
principal, representatives from each collective bargaining unit,	34085
~~the building lead~~a classroom teacher, parents, business	34086
representatives, and others that support student success.	34087

(E) The state board may require as part of the health	34088
curriculum information developed under section 2108.34 of the	34089
Revised Code promoting the donation of anatomical gifts pursuant	34090
to Chapter 2108. of the Revised Code and may provide the	34091
information to high schools, educational service centers, and	34092
joint vocational school district boards of education;	34093

(F) The state board shall prepare and submit annually to the	34094
governor and the general assembly a report on the status, needs,	34095
and major problems of the public schools of the state, with	34096
recommendations for necessary legislative action and a ten-year	34097
projection of the state's public and nonpublic school enrollment,	34098
by year and by grade level.	34099

(G) The state board shall prepare and submit to the director	34100
of budget and management the biennial budgetary requests of the	34101
state board of education, for its agencies and for the public	34102
schools of the state.	34103

(H) The state board shall cooperate with federal, state, and	34104
local agencies concerned with the health and welfare of children	34105
and youth of the state.	34106

(I) The state board shall require such reports from school	34107
districts and educational service centers, school officers, and	34108
employees as are necessary and desirable. The superintendents and	34109
treasurers of school districts and educational service centers	34110
shall certify as to the accuracy of all reports required by law or	34111
state board or state department of education rules to be submitted	34112
by the district or educational service center and which contain	34113
information necessary for calculation of state funding. Any	34114
superintendent who knowingly falsifies such report shall be	34115
subject to license revocation pursuant to section 3319.31 of the	34116
Revised Code.	34117

(J) In accordance with Chapter 119. of the Revised Code, the	34118
state board shall adopt procedures, standards, and guidelines for	34119
the education of children with disabilities pursuant to Chapter	34120
3323. of the Revised Code, including procedures, standards, and	34121
guidelines governing programs and services operated by county	34122
boards of developmental disabilities pursuant to section 3323.09	34123
of the Revised Code.	34124

(K) For the purpose of encouraging the development of special	34125
programs of education for academically gifted children, the state	34126
board shall employ competent persons to analyze and publish data,	34127
promote research, advise and counsel with boards of education, and	34128
encourage the training of teachers in the special instruction of	34129
gifted children. The board may provide financial assistance out of	34130
any funds appropriated for this purpose to boards of education and	34131
educational service center governing boards for developing and	34132
conducting programs of education for academically gifted children.	34133

(L) The state board shall require that all public schools	34134
emphasize and encourage, within existing units of study, the	34135
teaching of energy and resource conservation as recommended to	34136
each district board of education by leading business persons	34137
involved in energy production and conservation, beginning in the	34138
primary grades.	34139

(M) The state board shall formulate and prescribe minimum	34140
standards requiring the use of phonics as a technique in the	34141
teaching of reading in grades kindergarten through three. In	34142
addition, the state board shall provide in-service training	34143
programs for teachers on the use of phonics as a technique in the	34144
teaching of reading in grades kindergarten through three.	34145

(N) The state board may adopt rules necessary for carrying	34146
out any function imposed on it by law, and may provide rules as	34147
are necessary for its government and the government of its	34148
employees, and may delegate to the superintendent of public	34149
instruction the management and administration of any function	34150
imposed on it by law. It may provide for the appointment of board	34151
members to serve on temporary committees established by the board	34152
for such purposes as are necessary. Permanent or standing	34153
committees shall not be created.	34154

~~Compliance~~(O) Upon application from the board of education	34155
of a school district, the superintendent of public instruction may	34156
issue a waiver exempting the district from compliance with the	34157
standards adopted under divisions (B)(2) and (D) of this section,	34158
as they relate to the operation of a school operated by ~~a school~~	34159
the district~~, may be waived by the state superintendent pursuant~~	34160
~~to section 3306.40 of the Revised Code~~. The state board shall	34161
adopt standards for the approval or disapproval of waivers under	34162
this division. The state superintendent shall consider every	34163
application for a waiver and shall determine whether to grant or	34164
deny a waiver in accordance with the state board's standards. For	34165
each waiver granted, the state superintendent shall specify the	34166
period of time during which the waiver is in effect, which shall	34167
not exceed five years. A district board may apply to renew a	34168
waiver.	34169

Sec. 3301.071. (A)(1) In the case of nontax-supported	34170
schools, standards for teacher certification prescribed under	34171
section 3301.07 of the Revised Code shall provide for	34172
certification, without further educational requirements, of any	34173
administrator, supervisor, or teacher who has attended and	34174
received a bachelor's degree from a college or university	34175
accredited by a national or regional association in the United	34176
States except that, at the discretion of the state board of	34177
education, this requirement may be met by having an equivalent	34178
degree from a foreign college or university of comparable	34179
standing.	34180

(2) In the case of nonchartered, nontax-supported schools,	34181
the standards for teacher certification prescribed under section	34182
3301.07 of the Revised Code shall provide for certification,	34183
without further educational requirements, of any administrator,	34184
supervisor, or teacher who has attended and received a diploma	34185
from a "bible college" or "bible institute" described in division	34186
(E) of section 1713.02 of the Revised Code.	34187

(3) Notwithstanding division (A)(1) of this section, the	34188
standards for teacher certification prescribed under section	34189
3301.07 of the Revised Code shall provide for certification of a	34190
person to teach foreign language upon receipt by the state board	34191
of an affidavit signed by the chief administrative officer of a	34192
chartered nonpublic school seeking to employ the person, stating	34193
that the person meets one of the following conditions:	34194

(a) The person has specialized knowledge, skills, or	34195
expertise that qualifies the person to provide instruction.	34196

(b) The person has provided to the chief administrative	34197
officer evidence of at least three years of teaching experience in	34198
a public or nonpublic school.	34199

(c) The person has provided to the chief administrative	34200
officer evidence of completion of a teacher training program named	34201
in the affidavit.	34202

(B) Each person applying for a certificate under this section	34203
for purposes of serving in a nonpublic school chartered by the	34204
state board under section 3301.16 of the Revised Code shall pay a	34205
fee in the amount established under division (A) of section	34206
3319.51 of the Revised Code. Any fees received under this division	34207
shall be paid into the state treasury to the credit of the state	34208
board of education certification fund established under division	34209
(B) of section 3319.51 of the Revised Code.	34210

(C) A person applying for or holding any certificate pursuant	34211
to this section for purposes of serving in a nonpublic school	34212
chartered by the state board is subject to sections 3123.41 to	34213
3123.50 of the Revised Code and any applicable rules adopted under	34214
section 3123.63 of the Revised Code and sections 3319.31 and	34215
3319.311 of the Revised Code.	34216

(D) Divisions (B) and (C) of this section and sections	34217
3319.291, 3319.31, and 3319.311 of the Revised Code do not apply	34218
to any administrators, supervisors, or teachers in nonchartered,	34219
nontax-supported schools.	34220

Sec. 3301.079. (A)(1) Not later than June 30, 2010, and at	34221
least once every five years thereafter, the state board of	34222
education shall adopt statewide academic standards with emphasis	34223
on coherence, focus, and rigor for each of grades kindergarten	34224
through twelve in English language arts, mathematics, science, and	34225
social studies.	34226

The standards shall specify the following:

34227

(a) The core academic content and skills that students are	34228
expected to know and be able to do at each grade level that will	34229
allow each student to be prepared for postsecondary instruction	34230
and the workplace for success in the twenty-first century;	34231

(b) ~~The development of skill sets as they relate to~~	34232
~~creativity and innovation, critical thinking and problem solving,~~	34233
~~and communication and collaboration;~~	34234

~~(c)~~ The development of skill sets that promote information,	34235
media, and technological literacy;	34236

~~(d) The development of skill sets that promote personal~~	34237
~~management, productivity and accountability, and leadership and~~	34238
~~responsibility;~~	34239

~~(e)~~(c) Interdisciplinary, project-based, real-world learning	34240
opportunities.	34241

(2) After completing the standards required by division	34242
(A)(1) of this section, the state board shall adopt standards and	34243
model curricula for instruction in computer literacy, financial	34244
literacy and entrepreneurship, fine arts, and foreign language for	34245
grades kindergarten through twelve. The standards shall meet the	34246
same requirements prescribed in divisions (A)(1)(a) to ~~(e)~~(c) of	34247
this section.	34248

(3) The state board shall adopt the most recent standards	34249
developed by the national association for sport and physical	34250
education for physical education in grades kindergarten through	34251
twelve or shall adopt its own standards for physical education in	34252
those grades and revise and update them periodically.	34253

The department shall employ a full-time physical education	34254
coordinator to provide guidance and technical assistance to	34255
districts, community schools, and STEM schools in implementing the	34256
physical education standards adopted under this division. The	34257
superintendent of public instruction shall determine that the	34258
person employed as coordinator is qualified for the position, as	34259
demonstrated by possessing an adequate combination of education,	34260
license, and experience.	34261

(4) When academic standards have been completed for any	34262
subject area required by this section, the state board shall	34263
inform all school districts, all community schools established	34264
under Chapter 3314. of the Revised Code, all STEM schools	34265
established under Chapter 3326. of the Revised Code, and all	34266
nonpublic schools required to administer the assessments	34267
prescribed by sections 3301.0710 and 3301.0712 of the Revised Code	34268
of the content of those standards.	34269

(B) Not later than March 31, 2011, the state board shall	34270
adopt a model curriculum for instruction in each subject area for	34271
which updated academic standards are required by division (A)(1)	34272
of this section and for each of grades kindergarten through twelve	34273
that is sufficient to meet the needs of students in every	34274
community. The model curriculum shall be aligned with the	34275
standards, to ensure that the academic content and skills	34276
specified for each grade level are taught to students, and shall	34277
demonstrate vertical articulation and emphasize coherence, focus,	34278
and rigor. When any model curriculum has been completed, the state	34279
board shall inform all school districts, community schools, and	34280
STEM schools of the content of that model curriculum.	34281

All school districts, community schools, and STEM schools may	34282
utilize the state standards and the model curriculum established	34283
by the state board, together with other relevant resources,	34284
examples, or models to ensure that students have the opportunity	34285
to attain the academic standards. Upon request, the department of	34286
education shall provide technical assistance to any district,	34287
community school, or STEM school in implementing the model	34288
curriculum.	34289

Nothing in this section requires any school district to	34290
utilize all or any part of a model curriculum developed under this	34291
division.	34292

(C) The state board shall develop achievement assessments	34293
aligned with the academic standards and model curriculum for each	34294
of the subject areas and grade levels required by divisions (A)(1)	34295
and (B)(1) of section 3301.0710 of the Revised Code.	34296

When any achievement assessment has been completed, the state	34297
board shall inform all school districts, community schools, STEM	34298
schools, and nonpublic schools required to administer the	34299
assessment of its completion, and the department of education	34300
shall make the achievement assessment available to the districts	34301
and schools.	34302

(D)(1) The state board shall adopt a diagnostic assessment	34303
aligned with the academic standards and model curriculum for each	34304
of grades kindergarten through two in English language arts and	34305
mathematics and for grade three in English language arts. The	34306
diagnostic assessment shall be designed to measure student	34307
comprehension of academic content and mastery of related skills	34308
for the relevant subject area and grade level. Any diagnostic	34309
assessment shall not include components to identify gifted	34310
students. Blank copies of diagnostic assessments shall be public	34311
records.	34312

(2) When each diagnostic assessment has been completed, the	34313
state board shall inform all school districts of its completion	34314
and the department of education shall make the diagnostic	34315
assessment available to the districts at no cost to the district.	34316
School districts shall administer the diagnostic assessment	34317
pursuant to section 3301.0715 of the Revised Code beginning the	34318
first school year following the development of the assessment.	34319

(E) The state board shall not adopt a diagnostic or	34320
achievement assessment for any grade level or subject area other	34321
than those specified in this section.	34322

(F) Whenever the state board or the department of education	34323
consults with persons for the purpose of drafting or reviewing any	34324
standards, diagnostic assessments, achievement assessments, or	34325
model curriculum required under this section, the state board or	34326
the department shall first consult with parents of students in	34327
kindergarten through twelfth grade and with active Ohio classroom	34328
teachers, other school personnel, and administrators with	34329
expertise in the appropriate subject area. Whenever practicable,	34330
the state board and department shall consult with teachers	34331
recognized as outstanding in their fields.	34332

If the department contracts with more than one outside entity	34333
for the development of the achievement assessments required by	34334
this section, the department shall ensure the interchangeability	34335
of those assessments.	34336

(G) The fairness sensitivity review committee, established by	34337
rule of the state board of education, shall not allow any question	34338
on any achievement or diagnostic assessment developed under this	34339
section or any proficiency test prescribed by former section	34340
3301.0710 of the Revised Code, as it existed prior to September	34341
11, 2001, to include, be written to promote, or inquire as to	34342
individual moral or social values or beliefs. The decision of the	34343
committee shall be final. This section does not create a private	34344
cause of action.	34345

(H) Not later than forty-five days prior to the initial	34346
deadline established under division (A)(1) of this section and the	34347
deadline established under division (B) of this section, the	34348
superintendent of public instruction shall present the academic	34349
standards or model curricula, as applicable, to the respective	34350
committees of the house of representatives and senate that	34351
consider education legislation.	34352

(I) As used in this section:

34353

(1) "Coherence" means a reflection of the structure of the	34354
discipline being taught.	34355

(2) "Focus" means limiting the number of items included in a	34356
curriculum to allow for deeper exploration of the subject matter.	34357

(3) "Rigor" means more challenging and demanding when	34358
compared to international standards.	34359

(4) "Vertical articulation" means key academic concepts and	34360
skills associated with mastery in particular content areas should	34361
be articulated and reinforced in a developmentally appropriate	34362
manner at each grade level so that over time students acquire a	34363
depth of knowledge and understanding in the core academic	34364
disciplines.	34365

Sec. 3301.0710. The state board of education shall adopt	34366
rules establishing a statewide program to assess student	34367
achievement. The state board shall ensure that all assessments	34368
administered under the program are aligned with the academic	34369
standards and model curricula adopted by the state board and are	34370
created with input from Ohio parents, Ohio classroom teachers,	34371
Ohio school administrators, and other Ohio school personnel	34372
pursuant to section 3301.079 of the Revised Code.	34373

The assessment program shall be designed to ensure that	34374
students who receive a high school diploma demonstrate at least	34375
high school levels of achievement in English language arts,	34376
mathematics, science, and social studies~~, and other skills~~	34377
~~necessary in the twenty-first century~~.	34378

(A)(1) The state board shall prescribe all of the following:

34379

(a) Two statewide achievement assessments, one each designed	34380
to measure the level of English language arts and mathematics	34381
skill expected at the end of third grade;	34382

(b) Two statewide achievement assessments, one each designed	34383
to measure the level of English language arts and mathematics	34384
skill expected at the end of fourth grade;	34385

(c) Four statewide achievement assessments, one each designed	34386
to measure the level of English language arts, mathematics,	34387
science, and social studies skill expected at the end of fifth	34388
grade;	34389

(d) Two statewide achievement assessments, one each designed	34390
to measure the level of English language arts and mathematics	34391
skill expected at the end of sixth grade;	34392

(e) Two statewide achievement assessments, one each designed	34393
to measure the level of English language arts and mathematics	34394
skill expected at the end of seventh grade;	34395

(f) Four statewide achievement assessments, one each designed	34396
to measure the level of English language arts, mathematics,	34397
science, and social studies skill expected at the end of eighth	34398
grade.	34399

(2) The state board shall determine and designate at least	34400
three ranges of scores on each of the achievement assessments	34401
described in divisions (A)(1) and (B)(1) of this section. Each	34402
range of scores shall be deemed to demonstrate a level of	34403
achievement so that any student attaining a score within such	34404
range has achieved one of the following:	34405

(a) An advanced level of skill;

34406

(b) A proficient level of skill;

34407

34408

(B)(1) The assessments prescribed under division (B)(1) of	34409
this section shall collectively be known as the Ohio graduation	34410
tests. The state board shall prescribe five statewide high school	34411
achievement assessments, one each designed to measure the level of	34412
reading, writing, mathematics, science, and social studies skill	34413
expected at the end of tenth grade. The state board shall	34414
designate a score in at least the range designated under division	34415
(A)(2)(b) of this section on each such assessment that shall be	34416
deemed to be a passing score on the assessment as a condition	34417
toward granting high school diplomas under sections 3313.61,	34418
3313.611, 3313.612, and 3325.08 of the Revised Code until the	34419
assessment system prescribed by section 3301.0712 of the Revised	34420
Code is implemented in accordance with rules adopted by the state	34421
board under division ~~(E)~~(D) of that section.	34422

(2) The state board shall prescribe an assessment system in	34423
accordance with section 3301.0712 of the Revised Code that shall	34424
replace the Ohio graduation tests in the manner prescribed by	34425
rules adopted by the state board under division ~~(E)~~(D) of that	34426
section.	34427

(3) The state board may enter into a reciprocal agreement	34428
with the appropriate body or agency of any other state that has	34429
similar statewide achievement assessment requirements for	34430
receiving high school diplomas, under which any student who has	34431
met an achievement assessment requirement of one state is	34432
recognized as having met the similar requirement of the other	34433
state for purposes of receiving a high school diploma. For	34434
purposes of this section and sections 3301.0711 and 3313.61 of the	34435
Revised Code, any student enrolled in any public high school in	34436
this state who has met an achievement assessment requirement	34437
specified in a reciprocal agreement entered into under this	34438
division shall be deemed to have attained at least the applicable	34439
score designated under this division on each assessment required	34440
by division (B)(1) or (2) of this section that is specified in the	34441
agreement.	34442

(C) The superintendent of public instruction shall designate	34443
dates and times for the administration of the assessments	34444
prescribed by divisions (A) and (B) of this section.	34445

In prescribing administration dates pursuant to this	34446
division, the superintendent shall designate the dates in such a	34447
way as to allow a reasonable length of time between the	34448
administration of assessments prescribed under this section and	34449
any administration of the national assessment of educational	34450
progress given to students in the same grade level pursuant to	34451
section 3301.27 of the Revised Code or federal law.	34452

(D) The state board shall prescribe a practice version of	34453
each Ohio graduation test described in division (B)(1) of this	34454
section that is of comparable length to the actual test.	34455

(E) Any committee established by the department of education	34456
for the purpose of making recommendations to the state board	34457
regarding the state board's designation of scores on the	34458
assessments described by this section shall inform the state board	34459
of the probable percentage of students who would score in each of	34460
the ranges established under division (A)(2) of this section on	34461
the assessments if the committee's recommendations are adopted by	34462
the state board. To the extent possible, these percentages shall	34463
be disaggregated by gender, major racial and ethnic groups,	34464
limited English proficient students, economically disadvantaged	34465
students, students with disabilities, and migrant students.	34466

If the state board intends to make any change to the	34467
committee's recommendations, the state board shall explain the	34468
intended change to the Ohio accountability task force established	34469
by section 3302.021 of the Revised Code. The task force shall	34470
recommend whether the state board should proceed to adopt the	34471
intended change. Nothing in this division shall require the state	34472
board to designate assessment scores based upon the	34473
recommendations of the task force.	34474

Sec. 3301.0711. (A) The department of education shall:

34475

(1) Annually furnish to, grade, and score all assessments	34476
required by divisions (A)(1) and (B)(1) of section 3301.0710 of	34477
the Revised Code to be administered by city, local, exempted	34478
village, and joint vocational school districts, except that each	34479
district shall score any assessment administered pursuant to	34480
division (B)(10) of this section. Each assessment so furnished	34481
shall include the data verification code of the student to whom	34482
the assessment will be administered, as assigned pursuant to	34483
division (D)(2) of section 3301.0714 of the Revised Code. In	34484
furnishing the practice versions of Ohio graduation tests	34485
prescribed by division (D) of section 3301.0710 of the Revised	34486
Code, the department shall make the tests available on its web	34487
site for reproduction by districts. In awarding contracts for	34488
grading assessments, the department shall give preference to	34489
Ohio-based entities employing Ohio residents.	34490

(2) Adopt rules for the ethical use of assessments and	34491
prescribing the manner in which the assessments prescribed by	34492
section 3301.0710 of the Revised Code shall be administered to	34493
students.	34494

(B) Except as provided in divisions (C) and (J) of this	34495
section, the board of education of each city, local, and exempted	34496
village school district shall, in accordance with rules adopted	34497
under division (A) of this section:	34498

(1) Administer the English language arts assessments	34499
prescribed under division (A)(1)(a) of section 3301.0710 of the	34500
Revised Code twice annually to all students in the third grade who	34501
have not attained the score designated for that assessment under	34502
division (A)(2)(b) of section 3301.0710 of the Revised Code.	34503

(2) Administer the mathematics assessment prescribed under	34504
division (A)(1)(a) of section 3301.0710 of the Revised Code at	34505
least once annually to all students in the third grade.	34506

(3) Administer the assessments prescribed under division	34507
(A)(1)(b) of section 3301.0710 of the Revised Code at least once	34508
annually to all students in the fourth grade.	34509

(4) Administer the assessments prescribed under division	34510
(A)(1)(c) of section 3301.0710 of the Revised Code at least once	34511
annually to all students in the fifth grade.	34512

(5) Administer the assessments prescribed under division	34513
(A)(1)(d) of section 3301.0710 of the Revised Code at least once	34514
annually to all students in the sixth grade.	34515

(6) Administer the assessments prescribed under division	34516
(A)(1)(e) of section 3301.0710 of the Revised Code at least once	34517
annually to all students in the seventh grade.	34518

(7) Administer the assessments prescribed under division	34519
(A)(1)(f) of section 3301.0710 of the Revised Code at least once	34520
annually to all students in the eighth grade.	34521

(8) Except as provided in division (B)(9) of this section,	34522
administer any assessment prescribed under division (B)(1) of	34523
section 3301.0710 of the Revised Code as follows:	34524

(a) At least once annually to all tenth grade students and at	34525
least twice annually to all students in eleventh or twelfth grade	34526
who have not yet attained the score on that assessment designated	34527
under that division;	34528

(b) To any person who has successfully completed the	34529
curriculum in any high school or the individualized education	34530
program developed for the person by any high school pursuant to	34531
section 3323.08 of the Revised Code but has not received a high	34532
school diploma and who requests to take such assessment, at any	34533
time such assessment is administered in the district.	34534

(9) In lieu of the board of education of any city, local, or	34535
exempted village school district in which the student is also	34536
enrolled, the board of a joint vocational school district shall	34537
administer any assessment prescribed under division (B)(1) of	34538
section 3301.0710 of the Revised Code at least twice annually to	34539
any student enrolled in the joint vocational school district who	34540
has not yet attained the score on that assessment designated under	34541
that division. A board of a joint vocational school district may	34542
also administer such an assessment to any student described in	34543
division (B)(8)(b) of this section.	34544

(10) If the district has been declared to be under an	34545
academic watch or in a state of academic emergency pursuant to	34546
section 3302.03 of the Revised Code or has a three-year average	34547
graduation rate of not more than seventy-five per cent, administer	34548
each assessment prescribed by division (D) of section 3301.0710 of	34549
the Revised Code in September to all ninth grade students,	34550
beginning in the school year that starts July 1, 2005.	34551

Except as provided in section 3313.614 of the Revised Code	34552
for administration of an assessment to a person who has fulfilled	34553
the curriculum requirement for a high school diploma but has not	34554
passed one or more of the required assessments, the assessments	34555
prescribed under division (B)(1) of section 3301.0710 of the	34556
Revised Code and the practice assessments prescribed under	34557
division (D) of that section and required to be administered under	34558
divisions (B)(8), (9), and (10) of this section shall not be	34559
administered after the assessment system prescribed by division	34560
(B)(2) of section 3301.0710 and section 3301.0712 of the Revised	34561
Code is implemented under rule of the state board adopted under	34562
division ~~(E)~~(D)(1) of section 3301.0712 of the Revised Code.	34563

(11) Administer the assessments prescribed by division (B)(2)	34564
of section 3301.0710 and section 3301.0712 of the Revised Code in	34565
accordance with the timeline and plan for implementation of those	34566
assessments prescribed by rule of the state board adopted under	34567
division ~~(E)~~(D)(1) of section 3301.0712 of the Revised Code.	34568

(C)(1)(a) ~~Any~~In the case of a student receiving special	34569
education services under Chapter 3323. of the Revised Code, the	34570
individualized education program developed for the student under	34571
that chapter shall specify the manner in which the student will	34572
participate in the assessments administered under this section.	34573
The individualized education program may ~~be excused~~excuse the	34574
student from taking any particular assessment required to be	34575
administered under this section if ~~the individualized education~~	34576
~~program developed for the student pursuant to section 3323.08 of~~	34577
~~the Revised Code excuses the student from taking that assessment~~	34578
~~and~~it instead specifies an alternate assessment method approved	34579
by the department of education as conforming to requirements of	34580
federal law for receipt of federal funds for disadvantaged pupils.	34581
To the extent possible, the individualized education program shall	34582
not excuse the student from taking an assessment unless no	34583
reasonable accommodation can be made to enable the student to take	34584
the assessment.	34585

(b) Any alternate assessment approved by the department for a	34586
student under this division shall produce measurable results	34587
comparable to those produced by the assessment it replaces in	34588
order to allow for the student's results to be included in the	34589
data compiled for a school district or building under section	34590
3302.03 of the Revised Code.	34591

(c) Any student enrolled in a chartered nonpublic school who	34592
has been identified, based on an evaluation conducted in	34593
accordance with section 3323.03 of the Revised Code or section 504	34594
of the "Rehabilitation Act of 1973," 87 Stat. 355, 29 U.S.C.A.	34595
794, as amended, as a child with a disability shall be excused	34596
from taking any particular assessment required to be administered	34597
under this section if a plan developed for the student pursuant to	34598
rules adopted by the state board excuses the student from taking	34599
that assessment. In the case of any student so excused from taking	34600
an assessment, the chartered nonpublic school shall not prohibit	34601
the student from taking the assessment.	34602

(2) A district board may, for medical reasons or other good	34603
cause, excuse a student from taking an assessment administered	34604
under this section on the date scheduled, but that assessment	34605
shall be administered to the excused student not later than nine	34606
days following the scheduled date. The district board shall	34607
annually report the number of students who have not taken one or	34608
more of the assessments required by this section to the state	34609
board of education not later than the thirtieth day of June.	34610

(3) As used in this division, "limited English proficient	34611
student" has the same meaning as in 20 U.S.C. 7801.	34612

No school district board shall excuse any limited English	34613
proficient student from taking any particular assessment required	34614
to be administered under this section, except that any limited	34615
English proficient student who has been enrolled in United States	34616
schools for less than one full school year shall not be required	34617
to take any reading, writing, or English language arts assessment.	34618
However, no board shall prohibit a limited English proficient	34619
student who is not required to take an assessment under this	34620
division from taking the assessment. A board may permit any	34621
limited English proficient student to take an assessment required	34622
to be administered under this section with appropriate	34623
accommodations, as determined by the department. For each limited	34624
English proficient student, each school district shall annually	34625
assess that student's progress in learning English, in accordance	34626
with procedures approved by the department.	34627

The governing authority of a chartered nonpublic school may	34628
excuse a limited English proficient student from taking any	34629
assessment administered under this section. However, no governing	34630
authority shall prohibit a limited English proficient student from	34631
taking the assessment.	34632

(D)(1) In the school year next succeeding the school year in	34633
which the assessments prescribed by division (A)(1) or (B)(1) of	34634
section 3301.0710 of the Revised Code or former division (A)(1),	34635
(A)(2), or (B) of section 3301.0710 of the Revised Code as it	34636
existed prior to September 11, 2001, are administered to any	34637
student, the board of education of any school district in which	34638
the student is enrolled in that year shall provide to the student	34639
intervention services commensurate with the student's performance,	34640
including any intensive intervention required under section	34641
3313.608 of the Revised Code, in any skill in which the student	34642
failed to demonstrate at least a score at the proficient level on	34643
the assessment.	34644

(2) Following any administration of the assessments	34645
prescribed by division (D) of section 3301.0710 of the Revised	34646
Code to ninth grade students, each school district that has a	34647
three-year average graduation rate of not more than seventy-five	34648
per cent shall determine for each high school in the district	34649
whether the school shall be required to provide intervention	34650
services to any students who took the assessments. In determining	34651
which high schools shall provide intervention services based on	34652
the resources available, the district shall consider each school's	34653
graduation rate and scores on the practice assessments. The	34654
district also shall consider the scores received by ninth grade	34655
students on the English language arts and mathematics assessments	34656
prescribed under division (A)(1)(f) of section 3301.0710 of the	34657
Revised Code in the eighth grade in determining which high schools	34658
shall provide intervention services.	34659

Each high school selected to provide intervention services	34660
under this division shall provide intervention services to any	34661
student whose results indicate that the student is failing to make	34662
satisfactory progress toward being able to attain scores at the	34663
proficient level on the Ohio graduation tests. Intervention	34664
services shall be provided in any skill in which a student	34665
demonstrates unsatisfactory progress and shall be commensurate	34666
with the student's performance. Schools shall provide the	34667
intervention services prior to the end of the school year, during	34668
the summer following the ninth grade, in the next succeeding	34669
school year, or at any combination of those times.	34670

(E) Except as provided in section 3313.608 of the Revised	34671
Code and division (M) of this section, no school district board of	34672
education shall utilize any student's failure to attain a	34673
specified score on an assessment administered under this section	34674
as a factor in any decision to deny the student promotion to a	34675
higher grade level. However, a district board may choose not to	34676
promote to the next grade level any student who does not take an	34677
assessment administered under this section or make up an	34678
assessment as provided by division (C)(2) of this section and who	34679
is not exempt from the requirement to take the assessment under	34680
division (C)(3) of this section.	34681

(F) No person shall be charged a fee for taking any	34682
assessment administered under this section.	34683

(G)(1) Each school district board shall designate one	34684
location for the collection of assessments administered in the	34685
spring under division (B)(1) of this section and those	34686
administered under divisions (B)(2) to (7) of this section. Each	34687
district board shall submit the assessments to the entity with	34688
which the department contracts for the scoring of the assessments	34689
as follows:	34690

(a) If the district's total enrollment in grades kindergarten	34691
through twelve during the first full school week of October was	34692
less than two thousand five hundred, not later than the Friday	34693
after all of the assessments have been administered;	34694

(b) If the district's total enrollment in grades kindergarten	34695
through twelve during the first full school week of October was	34696
two thousand five hundred or more, but less than seven thousand,	34697
not later than the Monday after all of the assessments have been	34698
administered;	34699

(c) If the district's total enrollment in grades kindergarten	34700
through twelve during the first full school week of October was	34701
seven thousand or more, not later than the Tuesday after all of	34702
the assessments have been administered.	34703

However, any assessment that a student takes during the	34704
make-up period described in division (C)(2) of this section shall	34705
be submitted not later than the Friday following the day the	34706
student takes the assessment.	34707

(2) The department or an entity with which the department	34708
contracts for the scoring of the assessment shall send to each	34709
school district board a list of the individual scores of all	34710
persons taking an assessment prescribed by division (A)(1) or	34711
(B)(1) of section 3301.0710 of the Revised Code within sixty days	34712
after its administration, but in no case shall the scores be	34713
returned later than the fifteenth day of June following the	34714
administration. For assessments administered under this section by	34715
a joint vocational school district, the department or entity shall	34716
also send to each city, local, or exempted village school district	34717
a list of the individual scores of any students of such city,	34718
local, or exempted village school district who are attending	34719
school in the joint vocational school district.	34720

(H) Individual scores on any assessments administered under	34721
this section shall be released by a district board only in	34722
accordance with section 3319.321 of the Revised Code and the rules	34723
adopted under division (A) of this section. No district board or	34724
its employees shall utilize individual or aggregate results in any	34725
manner that conflicts with rules for the ethical use of	34726
assessments adopted pursuant to division (A) of this section.	34727

(I) Except as provided in division (G) of this section, the	34728
department or an entity with which the department contracts for	34729
the scoring of the assessment shall not release any individual	34730
scores on any assessment administered under this section. The	34731
state board of education shall adopt rules to ensure the	34732
protection of student confidentiality at all times. The rules may	34733
require the use of the data verification codes assigned to	34734
students pursuant to division (D)(2) of section 3301.0714 of the	34735
Revised Code to protect the confidentiality of student scores.	34736

(J) Notwithstanding division (D) of section 3311.52 of the	34737
Revised Code, this section does not apply to the board of	34738
education of any cooperative education school district except as	34739
provided under rules adopted pursuant to this division.	34740

(1) In accordance with rules that the state board of	34741
education shall adopt, the board of education of any city,	34742
exempted village, or local school district with territory in a	34743
cooperative education school district established pursuant to	34744
divisions (A) to (C) of section 3311.52 of the Revised Code may	34745
enter into an agreement with the board of education of the	34746
cooperative education school district for administering any	34747
assessment prescribed under this section to students of the city,	34748
exempted village, or local school district who are attending	34749
school in the cooperative education school district.	34750

(2) In accordance with rules that the state board of	34751
education shall adopt, the board of education of any city,	34752
exempted village, or local school district with territory in a	34753
cooperative education school district established pursuant to	34754
section 3311.521 of the Revised Code shall enter into an agreement	34755
with the cooperative district that provides for the administration	34756
of any assessment prescribed under this section to both of the	34757
following:	34758

(a) Students who are attending school in the cooperative	34759
district and who, if the cooperative district were not	34760
established, would be entitled to attend school in the city,	34761
local, or exempted village school district pursuant to section	34762
3313.64 or 3313.65 of the Revised Code;	34763

(b) Persons described in division (B)(8)(b) of this section.

34764

Any assessment of students pursuant to such an agreement	34765
shall be in lieu of any assessment of such students or persons	34766
pursuant to this section.	34767

(K)(1) As a condition of compliance with section 3313.612 of	34768
the Revised Code, each chartered nonpublic school that educates	34769
students in grades nine through twelve shall administer the	34770
assessments prescribed by divisions (B)(1) and (2) of section	34771
3301.0710 of the Revised Code. Any chartered nonpublic school may	34772
participate in the assessment program by administering any of the	34773
assessments prescribed by division (A) of section 3301.0710 of the	34774
Revised Code. The chief administrator of the school shall specify	34775
which assessments the school will administer. Such specification	34776
shall be made in writing to the superintendent of public	34777
instruction prior to the first day of August of any school year in	34778
which assessments are administered and shall include a pledge that	34779
the nonpublic school will administer the specified assessments in	34780
the same manner as public schools are required to do under this	34781
section and rules adopted by the department.	34782

(2) The department of education shall furnish the assessments	34783
prescribed by section 3301.0710 or 3301.0712 of the Revised Code	34784
to each chartered nonpublic school that participates under this	34785
division.	34786

(L)(1) The superintendent of the state school for the blind	34787
and the superintendent of the state school for the deaf shall	34788
administer the assessments described by sections 3301.0710 and	34789
3301.0712 of the Revised Code. Each superintendent shall	34790
administer the assessments in the same manner as district boards	34791
are required to do under this section and rules adopted by the	34792
department of education and in conformity with division (C)(1)(a)	34793
of this section.	34794

(2) The department of education shall furnish the assessments	34795
described by sections 3301.0710 and 3301.0712 of the Revised Code	34796
to each superintendent.	34797

(M) Notwithstanding division (E) of this section, a school	34798
district may use a student's failure to attain a score in at least	34799
the proficient range on the mathematics assessment described by	34800
division (A)(1)(a) of section 3301.0710 of the Revised Code or on	34801
an assessment described by division (A)(1)(b), (c), (d), (e), or	34802
(f) of section 3301.0710 of the Revised Code as a factor in	34803
retaining that student in the current grade level.	34804

(N)(1) In the manner specified in divisions (N)(3) and (4) of	34805
this section, the assessments required by division (A)(1) of	34806
section 3301.0710 of the Revised Code shall become public records	34807
pursuant to section 149.43 of the Revised Code on the first day of	34808
July following the school year that the assessments were	34809
administered.	34810

(2) The department may field test proposed questions with	34811
samples of students to determine the validity, reliability, or	34812
appropriateness of questions for possible inclusion in a future	34813
year's assessment. The department also may use anchor questions on	34814
assessments to ensure that different versions of the same	34815
assessment are of comparable difficulty.	34816

Field test questions and anchor questions shall not be	34817
considered in computing scores for individual students. Field test	34818
questions and anchor questions may be included as part of the	34819
administration of any assessment required by division (A)(1) or	34820
(B)(1) of section 3301.0710 of the Revised Code.	34821

(3) Any field test question or anchor question administered	34822
under division (N)(2) of this section shall not be a public	34823
record. Such field test questions and anchor questions shall be	34824
redacted from any assessments which are released as a public	34825
record pursuant to division (N)(1) of this section.	34826

(4) This division applies to the assessments prescribed by	34827
division (A) of section 3301.0710 of the Revised Code.	34828

(a) The first administration of each assessment, as specified	34829
in former section 3301.0712 of the Revised Code, shall be a public	34830
record.	34831

(b) For subsequent administrations of each assessment, not	34832
less than forty per cent of the questions on the assessment that	34833
are used to compute a student's score shall be a public record.	34834
The department shall determine which questions will be needed for	34835
reuse on a future assessment and those questions shall not be	34836
public records and shall be redacted from the assessment prior to	34837
its release as a public record. However, for each redacted	34838
question, the department shall inform each city, local, and	34839
exempted village school district of the statewide academic	34840
standard adopted by the state board of education under section	34841
3301.079 of the Revised Code and the corresponding benchmark to	34842
which the question relates. The preceding sentence does not apply	34843
to field test questions that are redacted under division (N)(3) of	34844
this section.	34845

(5) Each assessment prescribed by division (B)(1) of section	34846
3301.0710 of the Revised Code shall not be a public record.	34847

(O) As used in this section:

34848

(1) "Three-year average" means the average of the most recent	34849
consecutive three school years of data.	34850

(2) "Dropout" means a student who withdraws from school	34851
before completing course requirements for graduation and who is	34852
not enrolled in an education program approved by the state board	34853
of education or an education program outside the state. "Dropout"	34854
does not include a student who has departed the country.	34855

(3) "Graduation rate" means the ratio of students receiving a	34856
diploma to the number of students who entered ninth grade four	34857
years earlier. Students who transfer into the district are added	34858
to the calculation. Students who transfer out of the district for	34859
reasons other than dropout are subtracted from the calculation. If	34860
a student who was a dropout in any previous year returns to the	34861
same school district, that student shall be entered into the	34862
calculation as if the student had entered ninth grade four years	34863
before the graduation year of the graduating class that the	34864
student joins.	34865

Sec. 3301.0712. (A) The state board of education, the	34866
superintendent of public instruction, and the chancellor of the	34867
Ohio board of regents shall develop a system of college and work	34868
ready assessments as described in divisions (B)(1) ~~to (3)~~and (2)	34869
of this section to assess whether each student upon graduating	34870
from high school is ready to enter college or the workforce. The	34871
system shall replace the Ohio graduation tests prescribed in	34872
division (B)(1) of section 3301.0710 of the Revised Code as a	34873
measure of student academic performance and a prerequisite for	34874
eligibility for a high school diploma in the manner prescribed by	34875
rule of the state board adopted under division ~~(E)~~(D) of this	34876
section.	34877

(B) The college and work ready assessment system shall	34878
consist of the following:	34879

(1) A nationally standardized assessment that measures	34880
competencies in science, mathematics, and English language arts	34881
selected jointly by the state superintendent and the chancellor.	34882

(2) A series of end-of-course examinations in the areas of	34883
science, mathematics, English language arts, and social studies	34884
selected jointly by the state superintendent and the chancellor in	34885
consultation with faculty in the appropriate subject areas at	34886
institutions of higher education of the university system of Ohio.	34887

~~(3) A senior project completed by a student or a group of~~	34888
~~students. The purpose of the senior project is to assess the~~	34889
~~student's:~~	34890

~~(a) Mastery of core knowledge in a subject area chosen by the~~	34891
~~student;~~	34892

~~(b) Written and verbal communication skills;~~

34893

~~(c) Critical thinking and problem-solving skills;~~

34894

~~(d) Real-world and interdisciplinary learning;~~

34895

~~(e) Creative and innovative thinking;~~

34896

~~(f) Acquired technology, information, and media skills;~~

34897

~~(g) Personal management skills such as self-direction, time~~	34898
~~management, work ethic, enthusiasm, and the desire to produce a~~	34899
~~high quality product.~~	34900

~~The state superintendent and the chancellor jointly shall~~	34901
~~develop standards for the senior project for students~~	34902
~~participating in dual enrollment programs.~~	34903

(C)~~(1) The state superintendent and the chancellor jointly~~	34904
~~shall designate the scoring rubrics and the required overall~~	34905
~~composite score for the assessment system to assess whether each~~	34906
~~student is college or work ready.~~	34907

~~(2) Each senior project shall be judged by the student's high~~	34908
~~school in accordance with rubrics designated by the state~~	34909
~~superintendent and the chancellor.~~	34910

~~(D)~~ Not later than thirty days after the state board adopts	34911
the model curricula required by division (B) of section 3301.079	34912
of the Revised Code, the state board shall convene a group of	34913
national experts, state experts, and local practitioners to	34914
provide advice, guidance, and recommendations for the alignment of	34915
standards and model curricula to the assessments and in the design	34916
of the end-of-course examinations ~~and scoring rubrics~~ prescribed	34917
by this section.	34918

~~(E)~~(D) Upon completion of the development of the assessment	34919
system, the state board shall adopt rules prescribing all of the	34920
following:	34921

(1) A timeline and plan for implementation of the assessment	34922
system, including a phased implementation if the state board	34923
determines such a phase-in is warranted;	34924

(2) The date after which a person entering ninth grade shall	34925
~~attain at least the composite score for~~meet the requirements of	34926
the entire assessment system as a prerequisite for a high school	34927
diploma under ~~sections~~section 3313.61, 3313.612, or 3325.08 of	34928
the Revised Code;	34929

(3) The date after which a person shall ~~attain at least the~~	34930
~~composite score for~~meet the requirements of the entire assessment	34931
system as a prerequisite for a diploma of adult education under	34932
section 3313.611 of the Revised Code;	34933

(4) Whether and the extent to which a person may be excused	34934
from a social studies end-of-course examination under division (H)	34935
of section 3313.61 and division (B)(2) of section 3313.612 of the	34936
Revised Code;	34937

(5) The date after which a person who has fulfilled the	34938
curriculum requirement for a diploma but has not passed one or	34939
more of the required assessments at the time the person fulfilled	34940
the curriculum requirement shall ~~attain at least the composite~~	34941
~~score for~~meet the requirements of the entire assessment system as	34942
a prerequisite for a high school diploma under division (B) of	34943
section 3313.614 of the Revised Code;	34944

(6) The extent to which the assessment system applies to	34945
students enrolled in a dropout recovery and prevention program for	34946
purposes of division (F) of section 3313.603 and section 3314.36	34947
of the Revised Code.	34948

No rule adopted under this division shall be effective	34949
earlier than one year after the date the rule is filed in final	34950
form pursuant to Chapter 119. of the Revised Code.	34951

~~(F)~~(E) Not later than forty-five days prior to the state	34952
board's adoption of a resolution directing the department of	34953
education to file the rules prescribed by division ~~(E)~~(D) of this	34954
section in final form under section 119.04 of the Revised Code,	34955
the superintendent of public instruction shall present the	34956
assessment system developed under this section to the respective	34957
committees of the house of representatives and senate that	34958
consider education legislation.	34959

Sec. 3301.16. Pursuant to standards prescribed by the state	34960
board of education as provided in division (D) of section 3301.07	34961
of the Revised Code, the state board shall classify and charter	34962
school districts and individual schools within each district	34963
except that no charter shall be granted to a nonpublic school	34964
unless the school complies with section 3313.612 of the Revised	34965
Code.	34966

In the course of considering the charter of a new school	34967
district created under section 3311.26 or 3311.38 of the Revised	34968
Code, the state board shall require the party proposing creation	34969
of the district to submit to the board a map, certified by the	34970
county auditor of the county in which the proposed new district is	34971
located, showing the boundaries of the proposed new district. In	34972
the case of a proposed new district located in more than one	34973
county, the map shall be certified by the county auditor of each	34974
county in which the proposed district is located.	34975

The state board shall revoke the charter of any school	34976
district or school which fails to meet the standards for	34977
elementary and high schools as prescribed by the board. The state	34978
board shall also revoke the charter of any nonpublic school that	34979
does not comply with section 3313.612 of the Revised Code.	34980

In the issuance and revocation of school district or school	34981
charters, the state board shall be governed by the provisions of	34982
Chapter 119. of the Revised Code.	34983

No school district, or individual school operated by a school	34984
district, shall operate without a charter issued by the state	34985
board under this section.	34986

In case a school district charter is revoked pursuant to this	34987
section, the state board may dissolve the school district and	34988
transfer its territory to one or more adjacent districts. An	34989
equitable division of the funds, property, and indebtedness of the	34990
school district shall be made by the state board among the	34991
receiving districts. The board of education of a receiving	34992
district shall accept such territory pursuant to the order of the	34993
state board. Prior to dissolving the school district, the state	34994
board shall notify the appropriate educational service center	34995
governing board and all adjacent school district boards of	34996
education of its intention to do so. Boards so notified may make	34997
recommendations to the state board regarding the proposed	34998
dissolution and subsequent transfer of territory. Except as	34999
provided in section 3301.161 of the Revised Code, the transfer	35000
ordered by the state board shall become effective on the date	35001
specified by the state board, but the date shall be at least	35002
thirty days following the date of issuance of the order.	35003

A high school is one of higher grade than an elementary	35004
school, in which instruction and training are given in accordance	35005
with sections 3301.07 and 3313.60 of the Revised Code and which	35006
also offers other subjects of study more advanced than those	35007
taught in the elementary schools and such other subjects as may be	35008
approved by the state board of education.	35009

An elementary school is one in which instruction and training	35010
are given in accordance with sections 3301.07 and 3313.60 of the	35011
Revised Code and which offers such other subjects as may be	35012
approved by the state board of education. In districts wherein a	35013
junior high school is maintained, the elementary schools in that	35014
district may be considered to include only the work of the first	35015
six school years inclusive, plus the kindergarten year.	35016

~~A high school or an elementary school may consist of less~~	35017
~~than one or more than one organizational unit, as defined in~~	35018
~~sections 3306.02 and 3306.04 of the Revised Code.~~	35019

Sec. 3301.162. (A) If the governing authority of a chartered	35020
nonpublic school intends to close the school, the governing	35021
authority shall notify all of the following of that intent prior	35022
to closing the school:	35023

(1) The department of education;

35024

(2) The school district that receives auxiliary services	35025
funding under division ~~(I)~~(E) of section 3317.024 of the Revised	35026
Code on behalf of the students enrolled in the school;	35027

(3) The accrediting association that most recently accredited	35028
the school for purposes of chartering the school in accordance	35029
with the rules of the state board of education, if applicable.	35030

The notice shall include the school year and, if possible,	35031
the actual date the school will close.	35032

(B) The chief administrator of each chartered nonpublic	35033
school that closes shall deposit the school's records with either:	35034

(1) The accrediting association that most recently accredited	35035
the school for purposes of chartering the school in accordance	35036
with the rules of the state board, if applicable;	35037

(2) The school district that received auxiliary services	35038
funding under division ~~(I)~~(E) of section 3317.024 of the Revised	35039
Code on behalf of the students enrolled in the school.	35040

The school district that receives the records may charge for	35041
and receive a one-time reimbursement from auxiliary services	35042
funding under division ~~(I)~~(E) of section 3317.024 of the Revised	35043
Code for costs the district incurred to store the records.	35044

Sec. 3301.70. (A) The state board of education is the	35045
designated state agency responsible for the coordination and	35046
administration of sections 110 to 118 of the "National and	35047
Community Service Act of 1990," 104 Stat. 3127 (1990), 42 U.S.C.	35048
12401 to 12431, as amended. With the assistance of the Ohio	35049
~~community~~commission on service ~~council~~and volunteerism created	35050
in section 121.40 of the Revised Code, the state board shall	35051
coordinate with other state agencies to apply for funding under	35052
the act when appropriate.	35053

(B) With the assistance of the Ohio ~~community~~commission on	35054
service ~~council~~and volunteerism, the state board of education	35055
shall develop a plan to assist school districts in the	35056
implementation of section 3313.605 of the Revised Code and other	35057
community service activities of school districts. The state board	35058
shall encourage the development of school district programs	35059
meeting the requirements for funding under the National and	35060
Community Service Act of 1990. The plan shall include the	35061
investigation of funding from all available sources for school	35062
community service education programs, including funds available	35063
under the National and Community Service Act of 1990, and the	35064
provision of technical assistance to school districts for the	35065
implementation of community service education programs. The plan	35066
shall also provide for technical assistance to be given to school	35067
boards to assist in obtaining funds for community service	35068
education programs from any source.	35069

(C) With the assistance of the Ohio ~~community~~commission on	35070
service ~~council~~and volunteerism, the state board of education	35071
shall do all of the following:	35072

(1) Disseminate information about school district community	35073
service education programs to other school districts and to	35074
statewide organizations involved with or promoting volunteerism;	35075

(2) Recruit additional school districts to develop community	35076
service education programs;	35077

(3) Identify or develop model community service programs,	35078
teacher training courses, and community service curricula and	35079
teaching materials for possible use by school districts in their	35080
programs.	35081

Sec. 3302.02. Not later than one year after the adoption of	35082
rules under division ~~(E)~~(D) of section 3301.0712 of the Revised	35083
Code and at least every sixth year thereafter, upon	35084
recommendations of the superintendent of public instruction, the	35085
state board of education shall establish performance indicators	35086
for the report cards required by division (C) of section 3302.03	35087
of the Revised Code. In establishing these indicators, the	35088
superintendent shall consider inclusion of student performance on	35089
assessments prescribed under section 3301.0710 or 3301.0712 of the	35090
Revised Code, rates of student improvement on such assessments,	35091
student attendance, the breadth of coursework available within the	35092
district, and other indicators of student success. Not later than	35093
December 31, 2011, the state board, upon recommendation of the	35094
superintendent, shall establish a performance indicator reflecting	35095
the level of services provided to, and the performance of,	35096
students identified as gifted under Chapter 3324. of the Revised	35097
Code.	35098

The superintendent shall inform the Ohio accountability task	35099
force established under section 3302.021 of the Revised Code of	35100
the performance indicators the superintendent establishes under	35101
this section and the rationale for choosing each indicator and for	35102
determining how a school district or building meets that	35103
indicator.	35104

The superintendent shall not establish any performance	35105
indicator for passage of the third or fourth grade English	35106
language arts assessment that is solely based on the assessment	35107
given in the fall for the purpose of determining whether students	35108
have met the reading guarantee provisions of section 3313.608 of	35109
the Revised Code.	35110

Sec. 3302.031. In addition to the report cards required under	35111
section 3302.03 of the Revised Code, the department of education	35112
shall annually prepare the following reports for each school	35113
district and make a copy of each report available to the	35114
superintendent of each district:	35115

(A) A funding and expenditure accountability report which	35116
shall consist of the amount of state aid payments the school	35117
district will receive during the fiscal year under ~~Chapters 3306.~~	35118
~~and~~Chapter 3317. of the Revised Code and any other fiscal data	35119
the department determines is necessary to inform the public about	35120
the financial status of the district;	35121

(B) A school safety and discipline report which shall consist	35122
of statistical information regarding student safety and discipline	35123
in each school building, including the number of suspensions and	35124
expulsions disaggregated according to race and gender;	35125

(C) A student equity report which shall consist of at least a	35126
description of the status of teacher qualifications, library and	35127
media resources, textbooks, classroom materials and supplies, and	35128
technology resources for each district. To the extent possible,	35129
the information included in the report required under this	35130
division shall be disaggregated according to grade level, race,	35131
gender, disability, and scores attained on assessments required	35132
under section 3301.0710 of the Revised Code.	35133

(D) A school enrollment report which shall consist of	35134
information about the composition of classes within each district	35135
by grade and subject disaggregated according to race, gender, and	35136
scores attained on assessments required under section 3301.0710 of	35137
the Revised Code;	35138

(E) A student retention report which shall consist of the	35139
number of students retained in their respective grade levels in	35140
the district disaggregated by grade level, subject area, race,	35141
gender, and disability;	35142

(F) A school district performance report which shall describe	35143
for the district and each building within the district the extent	35144
to which the district or building meets each of the applicable	35145
performance indicators established under section 3302.02 of the	35146
Revised Code, the number of performance indicators that have been	35147
achieved, and the performance index score. In calculating the	35148
rates of achievement on the performance indicators and the	35149
performance index scores for each report, the department shall	35150
exclude all students with disabilities.	35151

Sec. 3302.042. (A) The department of education annually shall	35152
rank all schools statewide that are operated by a city, exempted	35153
village, or local school district in order according to the	35154
schools' performance index scores.	35155

(B) This section applies to any school that has been ranked	35156
in the lowest five per cent of performance index scores for three	35157
or more consecutive school years.	35158

(C) Except as provided in division (E) of this section, if	35159
the parents or guardians of at least fifty per cent of the	35160
students enrolled in a school to which this section applies, or if	35161
the parents or guardians of at least fifty per cent of the total	35162
number of students enrolled in that school and the schools of	35163
lower grade levels whose students typically matriculate into that	35164
school, sign and file with the school district treasurer a	35165
petition requesting the district board of education to implement	35166
one of the following reforms in the school, and if the validity	35167
and sufficiency of the petition is certified in accordance with	35168
division (D) of this section, the board shall implement the	35169
requested reform in the next school year:	35170

(1) Reopen the school as a community school under Chapter	35171
3314. of the Revised Code;	35172

(2) Replace at least seventy per cent of the school's	35173
personnel who are related to the school's poor academic	35174
performance or, at the request of the petitioners, retain not more	35175
than thirty per cent of the personnel;	35176

(3) Contract with another school district or a nonprofit or	35177
for-profit entity with a demonstrated record of effectiveness to	35178
operate the school;	35179

(4) Turn operation of the school over to the department;

35180

(5) Any other major restructuring of the school that makes	35181
fundamental reforms in the school's staffing or governance.	35182

(D) Not later than thirty days after receipt of a petition	35183
under division (C) of this section, the district treasurer shall	35184
verify the validity and sufficiency of the signatures on the	35185
petition and certify to the district board whether the petition	35186
contains the necessary number of valid signatures to require the	35187
board to implement the reform requested by the petitioners. If the	35188
treasurer certifies to the district board that the petition does	35189
not contain the necessary number of valid signatures, any person	35190
who signed the petition may file an appeal with the county auditor	35191
within ten days after the certification. Not later than thirty	35192
days after the filing of an appeal, the county auditor shall	35193
conduct an independent verification of the validity and	35194
sufficiency of the signatures on the petition and certify to the	35195
district board whether the petition contains the necessary number	35196
of valid signatures to require the board to implement the	35197
requested reform. If the treasurer or county auditor certifies	35198
that the petition contains the necessary number of valid	35199
signatures, the district board shall notify the superintendent of	35200
public instruction and the state board of education of the	35201
certification.	35202

(E) The district board shall not implement the reform	35203
requested by the petitioners in any of the following	35204
circumstances:	35205

(1) The district board has determined that the request is for	35206
reasons other than improving student academic achievement or	35207
student safety.	35208

(2) The state superintendent has determined that	35209
implementation of the requested reform would not comply with the	35210
model of differentiated accountability described in section	35211
3302.041 of the Revised Code.	35212

(3) The petitioners have requested the district board to	35213
implement the reform described in division (C)(4) of this section	35214
and the department has not agreed to take over the school's	35215
operation.	35216

(4) When all of the following have occurred:

35217

(a) After a public hearing on the matter, the district board	35218
issued a written statement explaining the reasons that it is	35219
unable to implement the requested reform and agreeing to implement	35220
one of the other reforms described in division (C) of this	35221
section.	35222

(b) The district board submitted its written statement to the	35223
state superintendent and the state board along with evidence	35224
showing how the alternative reform the district board has agreed	35225
to implement will enable the school to improve its academic	35226
performance.	35227

(c) Both the state superintendent and the state board have	35228
approved implementation of the alternative reform.	35229

Sec. 3302.05. The state board of education shall adopt rules	35230
freeing school districts declared to be excellent under division	35231
(B)(1) or effective under division (B)(2) of section 3302.03 of	35232
the Revised Code from specified state mandates. Any mandates	35233
included in the rules shall be only those statutes or rules	35234
pertaining to state education requirements. The rules shall not	35235
exempt districts ~~from any standard or requirement of section~~	35236
~~3306.09 of the Revised Code or~~ from any operating standard adopted	35237
under division (D)(3) of section 3301.07 or from the requirements	35238
of sections 3317.141, 3319.08, 3319.111, or 3319.17 of the Revised	35239
Code.	35240

Sec. 3302.06. (A) Any school operated by a city, exempted	35241
village, or local school district may apply to the district board	35242
of education to be designated as an innovation school. Each	35243
application shall include an innovation plan that contains the	35244
following:	35245

(1) A statement of the school's mission and an explanation of	35246
how the designation would enhance the school's ability to fulfill	35247
its mission;	35248

(2) A description of the innovations the school would	35249
implement;	35250

(3) An explanation of how implementation of the innovations	35251
described in division (A)(2) of this section would affect the	35252
school's programs and policies, including any of the following	35253
that apply:	35254

(a) The school's educational program;

35255

(b) The length of the school day and the school year;

35256

35257

(d) The school's plan for the assessment of students;

35258

(e) The school's budget;

35259

(f) The school's staffing levels.

35260

(4) A description of the improvements in student academic	35261
performance that the school expects to achieve by implementing the	35262
innovations described in division (A)(2) of this section;	35263

(5) An estimate of the cost savings and increased	35264
efficiencies, if any, that the school expects to achieve by	35265
implementing the innovations described in division (A)(2) of this	35266
section;	35267

(6) A description of any laws in Title XXXIII of the Revised	35268
Code, rules adopted by the state board of education, or	35269
requirements enacted by the district board that would need to be	35270
waived to implement the innovations described in division (A)(2)	35271
of this section;	35272

(7) A description of any provisions of a collective	35273
bargaining agreement covering personnel of the school that would	35274
need to be waived to implement the innovations described in	35275
division (A)(2) of this section;	35276

(8) Evidence that a majority of the administrators assigned	35277
to the school and a majority of the teachers assigned to the	35278
school consent to seeking the designation and a statement of the	35279
level of support for seeking the designation demonstrated by other	35280
staff working in the school, students enrolled in the school and	35281
their parents, and members of the community in which the school is	35282
located.	35283

(B) Two or more schools that are operated by the district may	35284
apply to the district board to be designated as an innovation	35285
school zone, if the schools share common interests based on	35286
factors such as geographical proximity or similar educational	35287
programs or if the schools serve the same classes of students as	35288
they advance to higher grade levels. Each application shall	35289
include an innovation plan that contains the information	35290
prescribed by divisions (A)(1) to (8) of this section for each	35291
participating school and the following additional information:	35292

(1) A description of how innovations in the participating	35293
schools would be integrated to achieve results that would be less	35294
likely to be achieved by each participating school alone;	35295

(2) An estimate of any economies of scale that would be	35296
realized by implementing innovations jointly.	35297

Sec. 3302.061. (A) A school district board of education shall	35298
review each application received under section 3302.06 of the	35299
Revised Code and, within sixty days after receipt of the	35300
application, shall approve or disapprove the application. In	35301
reviewing applications, the board shall give preference to	35302
applications that propose innovations in one or more of the	35303
following areas:	35304

(1) Curriculum;

35305

(2) Student assessments, other than the assessments	35306
prescribed by sections 3301.0710 and 3301.0712 of the Revised	35307
Code;	35308

(3) Class scheduling;

35309

(4) Accountability measures, including innovations that	35310
expand the number and variety of measures used in order to collect	35311
more complete data about student academic performance. For this	35312
purpose, schools may consider use of measures such as	35313
end-of-course examinations, portfolios of student work, nationally	35314
or internationally normed assessments, the percentage of students	35315
enrolling in post-secondary education, or the percentage of	35316
students simultaneously obtaining a high school diploma and an	35317
associate's degree or certification to work in an industry or	35318
career field.	35319

(5) Provision of student services, including services for	35320
students who are disabled, identified as gifted under Chapter	35321
3324. of the Revised Code, limited English proficient, at risk of	35322
academic failure or dropping out, or at risk of suspension or	35323
expulsion;	35324

(6) Provision of health, counseling, or other social services	35325
to students;	35326

(7) Preparation of students for transition to higher	35327
education or the workforce;	35328

(8) Teacher recruitment, employment, and evaluation;

35329

(9) Compensation for school personnel;

35330

(10) Professional development;

35331

(11) School governance and the roles and responsibilities of	35332
principals;	35333

(12) Use of financial or other resources.

35334

(B)(1) If the board approves an application seeking	35335
designation as an innovation school, it shall so designate the	35336
school that submitted the application. If the board approves an	35337
application seeking designation as an innovation school zone, it	35338
shall so designate the participating schools that submitted the	35339
application.	35340

(2) If the board disapproves an application, it shall provide	35341
a written explanation of the basis for its decision to the school	35342
or schools that submitted the application. The school or schools	35343
may reapply for designation as an innovation school or innovation	35344
school zone at any time.	35345

(C) The board may approve an application that allows an	35346
innovation school or a school participating in an innovation	35347
school zone to determine the compensation of board employees	35348
working in the school, but the total compensation for all such	35349
employees shall not exceed the financial resources allocated to	35350
the school by the board. The school shall not be required to	35351
comply with the salary schedule adopted by the board under section	35352
3317.14 or 3317.141 of the Revised Code. The board may approve an	35353
application that allows an innovation school or a school	35354
participating in an innovation school zone to remove board	35355
employees from the school, but no employee shall be terminated	35356
except as provided in section 3319.081 or 3319.16 of the Revised	35357
Code.	35358

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

35359

(1) Designate a school as an innovation school by creating an	35360
innovation plan for that school and offering the school an	35361
opportunity to participate in the plan's creation;	35362

(2) Designate as an innovation school zone two or more	35363
schools that share common interests based on factors such as	35364
geographical proximity or similar educational programs or that	35365
serve the same classes of students as they advance to higher grade	35366
levels, by creating an innovation plan for those schools and	35367
offering the schools an opportunity to participate in the plan's	35368
creation.	35369

Sec. 3302.062. (A) If a school district board of education	35370
approves an application under division (B)(1) of section 3302.061	35371
of the Revised Code or designates an innovation school or	35372
innovation school zone under division (D) of that section, the	35373
district board shall apply to the state board of education for	35374
designation as a school district of innovation by submitting to	35375
the state board the innovation plan included in the approved	35376
application or created by the district board.	35377

Within sixty days after receipt of the application, the state	35378
board shall designate the district as a school district of	35379
innovation, unless the state board determines that the submitted	35380
innovation plan is not financially feasible or will likely result	35381
in decreased academic achievement. If the state board so	35382
determines, it shall provide a written explanation of the basis	35383
for its determination to the district board. If the district is	35384
not designated as a school district of innovation, the district	35385
board shall not implement the innovation plan. However, the	35386
district board may reapply for designation as a school district of	35387
innovation at any time.	35388

(B) A district board may request the state board to make a	35389
preliminary review of an innovation plan prior to the district	35390
board's formal application for designation as a school district of	35391
innovation. In that case, the state board shall review the	35392
innovation plan and, within sixty days after the request,	35393
recommend to the district board any changes or additions that the	35394
state board believes will improve the plan, which may include	35395
further innovations or measures to increase the likelihood that	35396
the innovations will result in higher academic achievement. The	35397
district board may revise the innovation plan prior to making	35398
formal application for designation as a school district of	35399
innovation.	35400

Sec. 3302.063. (A) Except as provided in division (B) of this	35401
section, upon designation of a school district of innovation under	35402
section 3302.062 of the Revised Code, the state board of education	35403
shall waive any laws in Title XXXIII of the Revised Code or rules	35404
adopted by the state board that are specified in the innovation	35405
plan submitted by the district board of education as needing to be	35406
waived to implement the plan. The waiver shall apply only to the	35407
school or schools participating in the innovation plan and shall	35408
not apply to the district as a whole, unless each of the	35409
district's schools is a participating school. The waiver shall	35410
cease to apply to a school if the school's designation as an	35411
innovation school is revoked or the innovation school zone in	35412
which the school participates has its designation revoked under	35413
section 3302.065 of the Revised Code, or if the school is removed	35414
from an innovation school zone under that section or section	35415
3302.064 of the Revised Code.	35416

(B) The state board shall not waive any law or rule regarding	35417
the following:	35418

(1) Funding for school districts under Chapter 3317. of the	35419
Revised Code;	35420

(2) The requirements of Chapters 3323. and 3324. of the	35421
Revised Code for the provision of services to students with	35422
disabilities and gifted students;	35423

(3) Requirements related to the provision of career-technical	35424
education that are necessary to comply with federal law or	35425
maintenance of effort provisions;	35426

(4) Administration of the assessments prescribed by sections	35427
3301.0710, 3301.0712, and 3301.0715 of the Revised Code;	35428

(5) Requirements related to the issuance of report cards and	35429
the assignment of performance ratings under section 3302.03 of the	35430
Revised Code;	35431

(6) Implementation of the model of differentiated	35432
accountability under section 3302.041 of the Revised Code;	35433

(7) Requirements for the reporting of data to the department	35434
of education;	35435

(8) Criminal records checks of school employees;

35436

(9) The requirements of Chapters 3307. and 3309. regarding	35437
the retirement systems for teachers and school employees.	35438

(C) If a district board's revisions to an innovation plan	35439
under section 3302.066 of the Revised Code require a waiver of	35440
additional laws or state board rules, the state board shall grant	35441
a waiver from those laws or rules upon evidence that	35442
administrators and teachers have consented to the revisions as	35443
required by that section.	35444

Sec. 3302.064. (A) Each collective bargaining agreement	35445
entered into by a school district board of education under Chapter	35446
4117. of the Revised Code on or after the effective date of this	35447
section shall allow for the waiver of any provision of the	35448
agreement specified in the innovation plan approved or created	35449
under section 3302.061 of the Revised Code as needing to be waived	35450
to implement the plan, in the event the district is designated as	35451
a school district of innovation.	35452

(B)(1) In the case of an innovation school, waiver of the	35453
provisions specified in the innovation plan shall be contingent	35454
upon at least sixty per cent of the members of the bargaining unit	35455
covered by the collective bargaining agreement who work in the	35456
school voting, by secret ballot, to approve the waiver.	35457

(2) In the case of an innovation school zone, waiver of the	35458
provisions specified in the innovation plan shall be contingent	35459
upon, in each participating school, at least sixty per cent of the	35460
members of the bargaining unit covered by the collective	35461
bargaining agreement who work in that school voting, by secret	35462
ballot, to approve the waiver. If at least sixty per cent of the	35463
members of the bargaining unit in a participating school do not	35464
vote to approve the waiver, the board may revise the innovation	35465
plan to remove that school from the innovation school zone.	35466

(3) If a board's revisions to an innovation plan under	35467
section 3302.066 of the Revised Code require a waiver of	35468
additional provisions of the collective bargaining agreement, that	35469
waiver shall be contingent upon approval under division (B)(1) or	35470
(2) of this section in the same manner as the initial waiver.	35471

(C) A waiver approved under division (B) of this section	35472
shall continue to apply relative to any substantially similar	35473
provision of a collective bargaining agreement entered into after	35474
the approval of the waiver.	35475

(D) A waiver approved under division (B) of this section	35476
shall cease to apply to a school if the school's designation as an	35477
innovation school is revoked or the innovation school zone in	35478
which the school participates has its designation revoked under	35479
section 3302.065 of the Revised Code, or if the school is removed	35480
from an innovation school zone under that section.	35481

(E) An employee working in an innovation school or a school	35482
participating in an innovation school zone who is a member of a	35483
bargaining unit that approves a waiver under division (B) of this	35484
section may request the board to transfer the employee to another	35485
school operated by the district. The board shall make every	35486
reasonable effort to accommodate the employee's request.	35487

Sec. 3302.065. Not later than three years after obtaining	35488
designation as a school district of innovation under section	35489
3302.062 of the Revised Code, and every three years thereafter,	35490
the district board of education shall review the performance of	35491
the innovation school or innovation school zone and determine if	35492
it is achieving, or making sufficient progress toward achieving,	35493
the improvements in student academic performance that were	35494
described in its innovation plan. If the board finds that an	35495
innovation school is not achieving, or not making sufficient	35496
progress toward achieving, those improvements in student academic	35497
performance, the board may revoke the designation as an innovation	35498
school. If the board finds that a school participating in an	35499
innovation school zone is not achieving, or not making sufficient	35500
progress toward achieving, those improvements in student academic	35501
performance, the board may remove that school from the innovation	35502
school zone or may revoke the designation of all participating	35503
schools as an innovation school zone.	35504

Sec. 3302.066. A school district board of education may	35505
revise an innovation plan approved or created under section	35506
3302.061 of the Revised Code, in collaboration with the school or	35507
schools participating in the plan, to further improve student	35508
academic performance. The revisions may include identifying	35509
additional laws in Title XXXIII of the Revised Code, rules adopted	35510
by the state board of education, requirements enacted by the	35511
district board, or provisions of a collective bargaining agreement	35512
that need to be waived. Any revisions to an innovation plan shall	35513
require the consent, in each school participating in the plan, of	35514
a majority of the administrators assigned to that school and a	35515
majority of the teachers assigned to that school.	35516

Sec. 3302.067. The board of education of any district	35517
designated as a school district of innovation or any school	35518
participating in an innovation plan may accept, receive, and	35519
expend gifts, grants, or donations from any public or private	35520
entity to support the implementation of the plan.	35521

Sec. 3302.068. Not later than the first day of July each	35522
year, the department of education shall issue, and post on its web	35523
site, a report on school districts of innovation. The report shall	35524
include the following information:	35525

(A) The number of districts designated as school districts of	35526
innovation in the preceding school year and the total number of	35527
school districts of innovation statewide;	35528

(B) The number of innovation schools in each school district	35529
of innovation and the number of district students served by the	35530
schools, expressed as a total number and as a percentage of the	35531
district's total student population;	35532

(C) The number of innovation school zones in each school	35533
district of innovation, the number of schools participating in	35534
each zone, and the number of district students served by the	35535
participating schools, expressed as a total number and as a	35536
percentage of the district's total student population;	35537

(D) An overview of the innovations implemented in innovation	35538
schools and innovation school zones;	35539

(E) Data on the academic performance of the students enrolled	35540
in an innovation school or an innovation school zone in each	35541
school district of innovation, including a comparison of the	35542
students' academic performance before and after the district's	35543
designation as a school district of innovation;	35544

(F) Recommendations for legislative changes based on the	35545
innovations implemented or to enhance the ability of schools and	35546
districts to implement innovations.	35547

Sec. 3302.07. (A) The board of education of any school	35548
district, the governing board of any educational service center,	35549
or the administrative authority of any chartered nonpublic school	35550
may submit to the state board of education an application	35551
proposing an innovative education pilot program the implementation	35552
of which requires exemptions from specific statutory provisions or	35553
rules. If a district or service center board employs teachers	35554
under a collective bargaining agreement adopted pursuant to	35555
Chapter 4117. of the Revised Code, any application submitted under	35556
this division shall include the written consent of the teachers'	35557
employee representative designated under division (B) of section	35558
4117.04 of the Revised Code. The exemptions requested in the	35559
application shall be limited to any requirement of Title XXXIII of	35560
the Revised Code or of any rule of the state board adopted	35561
pursuant to that title except that the application may not propose	35562
an exemption from any requirement of or rule adopted pursuant to	35563
Chapter 3307. or 3309., sections 3319.07 to 3319.21, or Chapter	35564
3323. of the Revised Code. Furthermore, an exemption from any	35565
~~standard or requirement of Chapter 3306. or from any operating~~	35566
standard adopted under division (B)(2) or (D)~~(3)~~ of section	35567
3301.07 of the Revised Code shall be granted only pursuant to a	35568
waiver granted by the superintendent of public instruction under	35569
division (O) of that section ~~3306.40 of the Revised Code~~.	35570

(B) The state board of education shall accept any application	35571
submitted in accordance with division (A) of this section. The	35572
superintendent of public instruction shall approve or disapprove	35573
the application in accordance with standards for approval, which	35574
shall be adopted by the state board.	35575

(C) The superintendent of public instruction shall exempt	35576
each district or service center board or chartered nonpublic	35577
school administrative authority with an application approved under	35578
division (B) of this section for a specified period from the	35579
statutory provisions or rules specified in the approved	35580
application. The period of exemption shall not exceed the period	35581
during which the pilot program proposed in the application is	35582
being implemented and a reasonable period to allow for evaluation	35583
of the effectiveness of the program.	35584

Sec. 3302.12. (A) Not later than the first day of September	35585
each year, the superintendent of public instruction shall rank all	35586
school buildings operated by a school district statewide from	35587
highest to lowest according to the buildings' performance index	35588
scores. For school buildings to which the performance index score	35589
does not apply, the superintendent shall develop another measure	35590
of student academic performance and use that measure to include	35591
those buildings in the ranking so that all district-operated	35592
buildings may be reliably compared to each other.	35593

(B) For any school building that is ranked in the lowest five	35594
per cent of all district-operated buildings statewide for three	35595
consecutive years and is declared to be under an academic watch or	35596
in a state of academic emergency under section 3302.03 of the	35597
Revised Code, the district board of education shall do one of the	35598
following at the conclusion of the school year in which the	35599
building first becomes subject to this division:	35600

(1) Close the school and direct the district superintendent	35601
to reassign the students enrolled in the school to other school	35602
buildings that demonstrate higher academic achievement;	35603

(2) Contract with another school district or a nonprofit or	35604
for-profit entity with a demonstrated record of effectiveness to	35605
operate the school;	35606

(3) Replace the principal and all teaching staff of the	35607
school and, upon request from the new principal, exempt the school	35608
from all requested policies and regulations of the board regarding	35609
curriculum and instruction. The board also shall distribute	35610
funding to the school in an amount that is at least equal to the	35611
product of the per pupil amount of all revenues received by the	35612
district multiplied by the student population of the school.	35613

(4) Reopen the school as a conversion community school under	35614
Chapter 3314. of the Revised Code.	35615

(C) If an action taken by the board under division (B) of	35616
this section causes the district to no longer maintain all grades	35617
kindergarten through twelve, as required by section 3311.29 of the	35618
Revised Code, the board shall enter into a contract with another	35619
school district pursuant to section 3327.04 of the Revised Code	35620
for enrollment of students in the schools of that other district	35621
to the extent necessary to comply with the requirement of section	35622
3311.29 of the Revised Code. Notwithstanding any provision of the	35623
Revised Code to the contrary, if the board enters into and	35624
maintains a contract under section 3327.04 of the Revised Code,	35625
the district shall not be considered to have failed to comply with	35626
the requirement of section 3311.29 of the Revised Code. If,	35627
however, the district board fails to or is unable to enter into or	35628
maintain such a contract, the state board of education shall take	35629
all necessary actions to dissolve the district as provided in	35630
division (A) of section 3311.29 of the Revised Code.	35631

Sec. 3302.20. (A) The department of education shall develop	35632
standards for determining, from the existing data reported in	35633
accordance with sections 3301.0714 and 3314.17 of the Revised	35634
Code, the amount of annual operating expenditures for classroom	35635
instructional purposes and for nonclassroom purposes for each	35636
city, exempted village, local, and joint vocational school	35637
district, each community school established under Chapter 3314.	35638
that is not an internet- or computer-based community school, each	35639
internet- or computer-based community school, and each STEM school	35640
established under Chapter 3326. of the Revised Code. Not later	35641
than January 1, 2012, the department shall present those standards	35642
to the state board of education for consideration. In developing	35643
the standards, the department shall adapt existing standards used	35644
by professional organizations, research organizations, and other	35645
state governments.	35646

The state board shall consider the proposed standards and	35647
adopt a final set of standards not later than July 1, 2012.	35648

(B)(1) The department shall categorize all city, exempted	35649
village, and local school districts into not less than three nor	35650
more than five groups based primarily on average daily student	35651
enrollment as reported on the most recent report card issued for	35652
each district under section 3302.03 of the Revised Code.	35653

(2) The department shall categorize all joint vocational	35654
school districts into not less than three nor more than five	35655
groups based primarily on average daily membership as reported	35656
under division (D) of section 3317.03 of the Revised Code rounded	35657
to the nearest whole number.	35658

(3) The department shall categorize all community schools	35659
that are not internet- or computer-based community schools into	35660
not less than three nor more than five groups based primarily on	35661
average daily student enrollment as reported on the most recent	35662
report card issued for each community school under sections	35663
3302.03 and 3314.012 of the Revised Code.	35664

(4) The department shall categorize all internet- or	35665
computer-based community schools into a single category.	35666

(5) The department shall categorize all STEM schools into a	35667
single category.	35668

(C) Using the standards adopted under division (A) of this	35669
section and the data reported under sections 3301.0714 and 3314.17	35670
of the Revised Code, the department shall compute, for fiscal	35671
years 2008 through 2012, and annually for each fiscal year	35672
thereafter, the following:	35673

(1) The percentage of each district's, community school's, or	35674
STEM school's total operating budget spent for classroom	35675
instructional purposes;	35676

(2) The statewide average percentage for all districts,	35677
community schools, and STEM schools combined spent for classroom	35678
instructional purposes;	35679

(3) The average percentage for each of the categories of	35680
districts and schools established under division (B) of this	35681
section spent for classroom instructional purposes;	35682

(4) The ranking of each district, community school, or STEM	35683
school within its respective category established under division	35684
(B) of this section according to the following:	35685

(a) From highest to lowest percentage spent for classroom	35686
instructional purposes;	35687

(b) From lowest to highest percentage spent for	35688
noninstructional purposes.	35689

(D) In its display of rankings within each category under	35690
division (C)(4) of this section, the department shall make the	35691
following notations:	35692

(1) Within each category of city, exempted village, and local	35693
school districts, the department shall denote each district that	35694
is:	35695

(a) Among the twenty per cent of all city, exempted village,	35696
and local school districts statewide with the lowest total	35697
operating expenditures per pupil;	35698

(b) Among the twenty per cent of all city, exempted village,	35699
and local school districts statewide with the highest performance	35700
index scores.	35701

(2) Within each category of joint vocational school	35702
districts, the department shall denote each district that is:	35703

(a) Among the twenty per cent of all joint vocational school	35704
districts statewide with the lowest total operating expenditures	35705
per pupil;	35706

(b) Among the twenty per cent of all joint vocational school	35707
districts statewide with the highest performance measures required	35708
for career-technical education under 20 U.S.C. 2323, as ranked	35709
under division (A)(3) of section 3302.21 of the Revised Code.	35710

(3) Within each category of community schools that are not	35711
internet- or computer-based community schools, the department	35712
shall denote each school that is:	35713

(a) Among the twenty per cent of all such community schools	35714
statewide with the lowest total operating expenditures per pupil;	35715

(b) Among the twenty per cent of all such community schools	35716
statewide with the highest performance index scores.	35717

(4) Within the category of internet- or computer-based	35718
community schools, the department shall denote each school that	35719
is:	35720

(a) Among the twenty per cent of all such community schools	35721
statewide with the lowest total operating expenditures per pupil;	35722

(b) Among the twenty per cent of all such community schools	35723
statewide with the highest performance index scores.	35724

(5) Within the category of STEM schools, the department shall	35725
denote each school that is:	35726

(a) Among the twenty per cent of all STEM schools statewide	35727
with the lowest total operating expenditures per pupil;	35728

(b) Among the twenty per cent of all STEM schools statewide	35729
with the highest performance index scores.	35730

(E) The department shall post in a prominent location on its	35731
web site the information prescribed by divisions (C) and (D) of	35732
this section. The department also shall include on each	35733
district's, community school's, and STEM school's annual report	35734
card issued under section 3302.03 of the Revised Code the	35735
respective information computed for the district or school under	35736
divisions (C)(1) and (4) of this section, the statewide	35737
information computed under division (C)(2) of this section, and	35738
the information computed for the district's or school's category	35739
under division (C)(3) of this section.	35740

(F) As used in this section, "internet- or computer-based	35741
community school" has the same meaning as in section 3314.02 of	35742
the Revised Code.	35743

Sec. 3302.21. (A) The department of education shall develop	35744
a system to rank order all city, exempted village, local, and	35745
joint vocational school districts, community schools established	35746
under Chapter 3314., and STEM schools established under Chapter	35747
3326. of the Revised Code according to the following measures:	35748

(1) Performance index score;

35749

(2) Student performance growth from year to year, using the	35750
value-added progress dimension, if applicable, and other measures	35751
of student performance growth designated by the superintendent of	35752
public instruction for subjects and grades not covered by the	35753
value-added progress dimension;	35754

(3) Performance measures required for career-technical	35755
education under 20 U.S.C. 2323, if applicable. If a school	35756
district is a "VEPD" or "lead district" as those terms are defined	35757
in section 3317.023 of the Revised Code, the district's ranking	35758
shall be based on the performance of career-technical students	35759
from that district and all other districts served by that	35760
district, and such fact, including the identity of the other	35761
districts served by that district, shall be noted on the report	35762
required by division (B) of this section.	35763

(4) Current operating expenditures per pupil;

35764

(5) Of total current operating expenditures, percentage spent	35765
for classroom instruction as determined under standards adopted by	35766
the state board of education.	35767

The department shall rank each district, community school,	35768
and STEM school annually in accordance with the system developed	35769
under this section.	35770

(B) In addition to the reports required by sections 3302.03	35771
and 3302.031 of the Revised Code, the department shall issue an	35772
annual report for each city, exempted village, local, and joint	35773
vocational school district, each community school, and each STEM	35774
school indicating the district's or school's rank on each measure	35775
described in divisions (A)(1) to (5) of this section.	35776

Sec. 3302.22. (A) The governor's effective and efficient	35777
schools recognition program is hereby created. Each year, the	35778
governor shall recognize, in a manner deemed appropriate by the	35779
governor, the top ten per cent of all public and chartered	35780
nonpublic schools in this state. Public schools shall include	35781
schools operated by city, exempted village, local, or joint	35782
vocational school districts, community schools established under	35783
Chapter 3314. of the Revised Code, and STEM schools established	35784
under Chapter 3326. of the Revised Code.	35785

(B) The top ten per cent of schools shall be determined by	35786
the department of education according to standards established by	35787
the department. The standards shall include, but need not be	35788
limited to, both of the following:	35789

(1) Student performance, as determined by factors including,	35790
but not limited to, performance indicators under section 3302.02	35791
of the Revised Code, report cards issued under section 3302.03 of	35792
the Revised Code, and any other statewide or national assessment	35793
or student performance recognition program the department selects;	35794

(2) Fiscal performance, including cost-effective measures	35795
taken by the school.	35796

Sec. 3302.23. The teacher incentive payment program is	35797
hereby established. Under the program, the department of education	35798
shall pay to eligible classroom teachers an annual stipend of	35799
fifty dollars for each of the teachers' students in classes that	35800
have achieved more than a standard year of academic growth, as	35801
defined in the rules adopted under section 3302.021 of the Ohio	35802
Revised Code, in one or more eligible subject areas taught by the	35803
teachers, as measured by the value-added progress dimension. The	35804
program applies only to teachers who teach in city, exempted	35805
village, local, and joint vocational school districts, community	35806
schools established under Chapter 3314. of the Revised Code, or	35807
STEM schools established under Chapter 3326. of the Revised Code	35808
in subject areas and grade levels for which value-added data is	35809
available under the value-added progress dimension, as determined	35810
by the department.	35811

If a student attains more than a standard year of academic	35812
growth in more than one eligible subject area, the fifty-dollar	35813
stipend attributable to that student shall be divided among the	35814
teachers who taught those subjects. If more than one teacher is	35815
responsible to teach a particular student in one eligible subject	35816
area, such as in a team-teaching arrangement, and that student	35817
attains more than a standard year of academic growth in that	35818
subject area, the portion of the stipend attributable to that	35819
student for that subject area shall be divided among the teachers	35820
who taught that student in that subject area.	35821

The first stipends paid under this section shall be based on	35822
student performance for the 2011-2012 school year as computed for	35823
the school district and school report cards issued by the	35824
department in 2012.	35825

The department shall pay the stipend to each eligible teacher	35826
as soon as possible after determining the teacher's eligibility.	35827

The state board of education, in consultation with the	35828
governor's office, shall adopt rules for the implementation of	35829
this section.	35830

Sec. 3302.24. The teacher incentive payment program fund is	35831
hereby established in the state treasury. The fund shall consist	35832
of moneys appropriated by the general assembly specifically for	35833
the payment of stipends under the teacher incentive payment	35834
program established under section 3302.23 of the Revised Code. The	35835
department of education shall use moneys in the fund for that	35836
purpose.	35837

Sec. 3302.25. (A) In accordance with standards prescribed by	35838
the state board of education for categorization of school district	35839
expenditures adopted under division (A) of section 3302.20 of the	35840
Revised Code, the department of education annually shall determine	35841
all of the following for the previous fiscal year:	35842

(1) For each school district, the ratio of the district's	35843
operating expenditures for instructional purposes compared to its	35844
operating expenditures for administrative purposes;	35845

(2) For each school district, the per pupil amount of the	35846
district's expenditures for instructional purposes;	35847

(3) For each school district, the per pupil amount of the	35848
district's operating expenditures for administrative purposes;	35849

(4) For each school district, the percentage of the	35850
district's operating expenditures attributable to school district	35851
funds;	35852

(5) The statewide average among all school districts for each	35853
of the items described in divisions (A)(1) to (4) of this section.	35854

(B) The department annually shall submit a report to each	35855
school district indicating the district's information for each of	35856
the items described in divisions (A)(1) to (4) of this section and	35857
the statewide averages described in division (A)(5) of this	35858
section.	35859

(C) Each school district, upon receipt of the report	35860
prescribed by division (B) of this section, shall publish the	35861
information contained in that report in a prominent location on	35862
the district's web site and publish the report in another fashion	35863
so that it is available to all parents of students enrolled in the	35864
district and to taxpayers of the district.	35865

Sec. 3302.30. (A) The superintendent of public instruction	35866
shall establish a pilot project in Columbiana county under which	35867
one or more school districts in that county shall offer a	35868
multiple-track high school curriculum for students with differing	35869
career plans. The superintendent shall solicit and select	35870
districts to participate in the pilot project. Selected districts	35871
shall begin offering their career track curricula not later than	35872
the school year that begins at least six months after the	35873
effective date of this section. No district shall be required to	35874
participate in the pilot project.	35875

The curricula provided under the pilot project at each	35876
participating district shall offer at least three distinct career	35877
tracks, including at least a college preparatory track and a	35878
career-technical track. Each track shall comply with the	35879
curriculum requirements of section 3313.603 of the Revised Code.	35880
The different tracks may be offered at different campuses. Two or	35881
more participating districts may offer some or all of their	35882
respective curriculum tracks through a cooperative agreement	35883
entered into under section 3313.842 of the Revised Code.	35884

The department of education shall provide technical	35885
assistance to participating districts in developing the curriculum	35886
tracks to offer to students under the pilot project.	35887

Part or all of selected curriculum materials or services may	35888
be purchased from other public or private sources.	35889

The state superintendent shall apply for private and other	35890
nonstate funds, and may use other available state funds, to	35891
support the pilot project.	35892

(B) Each participating school district shall report to the	35893
state superintendent data about the operation and results of the	35894
pilot project, as required by the superintendent.	35895

(C) Not later than the thirty-first day of December of the	35896
third school year in which the pilot project is operating, the	35897
state superintendent shall submit a report to the general	35898
assembly, in accordance with section 101.68 of the Revised Code,	35899
containing the superintendent's evaluation of the results of the	35900
pilot project and legislative recommendations whether to continue,	35901
expand, or make changes to the pilot project.	35902

Sec. 3304.181. If the total of all funds available from	35903
nonfederal sources to support the activities of the rehabilitation	35904
services commission does not comply with the expenditure	35905
requirements of 34 C.F.R. 361.60 and 361.62 for those activities	35906
or would cause the state to lose an allotment or fail to receive a	35907
reallotment under 34 C.F.R. 361.65, the commission shall solicit	35908
additional funds from, and enter into agreements for the use of	35909
those funds with, private or public entities, including local	35910
government entities of this state. The commission shall continue	35911
to solicit additional funds and enter into agreements until the	35912
total funding available is sufficient for the commission to	35913
receive federal funds at the maximum amount and in the most	35914
advantageous proportion possible.	35915

Any agreement entered into between the commission and a	35916
private or public entity to provide funds under this section shall	35917
be in accordance with 34 C.F.R. 361.28 and section 3304.182 of the	35918
Revised Code.	35919

Sec. 3304.182. Any agreement between the rehabilitation	35920
services commission and a private or public entity providing funds	35921
under section 3304.181 of the Revised Code may permit the	35922
commission to receive a specified percentage of the funds ~~for~~	35923
~~administration~~, but the percentage shall be not more than ~~thirteen~~	35924
twenty-five per cent of the total funds available under the	35925
agreement. The agreement shall not be for less than six months or	35926
be discontinued by the commission without the commission first	35927
providing three months notice of intent to discontinue the	35928
agreement. The commission may terminate an agreement only for good	35929
cause.	35930

Any services provided under an agreement entered into under	35931
section 3304.181 of the Revised Code shall be provided by a person	35932
or government entity that meets the accreditation standards	35933
established in rules adopted by the commission under section	35934
3304.16 of the Revised Code.	35935

Sec. 3307.20. (A) As used in this section:

35936

(1) "Personal history record" means information maintained by	35937
the state teachers retirement board on an individual who is a	35938
member, former member, contributor, former contributor, retirant,	35939
or beneficiary that includes the address, telephone number, social	35940
security number, record of contributions, correspondence with the	35941
state teachers retirement system, or other information the board	35942
determines to be confidential.	35943

(2) "Retirant" has the same meaning as in section 3307.50 of	35944
the Revised Code.	35945

(B) The records of the board shall be open to public	35946
inspection, except for the following, which shall be excluded,	35947
except with the written authorization of the individual concerned:	35948

(1) The individual's personal records provided for in section	35949
3307.23 of the Revised Code;	35950

(2) The individual's personal history record;

35951

(3) Any information identifying, by name and address, the	35952
amount of a monthly allowance or benefit paid to the individual.	35953

(C) All medical reports and recommendations under sections	35954
3307.62, 3307.64, and 3307.66 of the Revised Code are privileged,	35955
except that copies of such medical reports or recommendations	35956
shall be made available to the personal physician, attorney, or	35957
authorized agent of the individual concerned upon written release	35958
received from the individual or the individual's agent, or, when	35959
necessary for the proper administration of the fund, to the board	35960
assigned physician.	35961

(D) Any person who is a member or contributor of the system	35962
shall be furnished, on written request, with a statement of the	35963
amount to the credit of the person's account. The board need not	35964
answer more than one request of a person in any one year.	35965

(E) Notwithstanding the exceptions to public inspection in	35966
division (B) of this section, the board may furnish the following	35967
information:	35968

(1) If a member, former member, retirant, contributor, or	35969
former contributor is subject to an order issued under section	35970
2907.15 of the Revised Code or an order issued under division (A)	35971
or (B) of section 2929.192 of the Revised Code or is convicted of	35972
or pleads guilty to a violation of section 2921.41 of the Revised	35973
Code, on written request of a prosecutor as defined in section	35974
2935.01 of the Revised Code, the board shall furnish to the	35975
prosecutor the information requested from the individual's	35976
personal history record.	35977

(2) Pursuant to a court or administrative order issued under	35978
section 3119.80, 3119.81, 3121.02, 3121.03, or 3123.06 of the	35979
Revised Code, the board shall furnish to a court or child support	35980
enforcement agency the information required under that section.	35981

(3) At the written request of any person, the board shall	35982
provide to the person a list of the names and addresses of	35983
members, former members, retirants, contributors, former	35984
contributors, or beneficiaries. The costs of compiling, copying,	35985
and mailing the list shall be paid by such person.	35986

(4) Within fourteen days after receiving from the director of	35987
job and family services a list of the names and social security	35988
numbers of recipients of public assistance pursuant to section	35989
5101.181 of the Revised Code, the board shall inform the auditor	35990
of state of the name, current or most recent employer address, and	35991
social security number of each member whose name and social	35992
security number are the same as that of a person whose name or	35993
social security number was submitted by the director. The board	35994
and its employees shall, except for purposes of furnishing the	35995
auditor of state with information required by this section,	35996
preserve the confidentiality of recipients of public assistance in	35997
compliance with ~~division (A) of~~ section 5101.181 of the Revised	35998
Code.	35999

(5) The system shall comply with orders issued under section	36000
3105.87 of the Revised Code.	36001

On the written request of an alternate payee, as defined in	36002
section 3105.80 of the Revised Code, the system shall furnish to	36003
the alternate payee information on the amount and status of any	36004
amounts payable to the alternate payee under an order issued under	36005
section 3105.171 or 3105.65 of the Revised Code.	36006

(6) At the request of any person, the board shall make	36007
available to the person copies of all documents, including	36008
resumes, in the board's possession regarding filling a vacancy of	36009
a contributing member or retired teacher member of the board. The	36010
person who made the request shall pay the cost of compiling,	36011
copying, and mailing the documents. The information described in	36012
this division is a public record.	36013

(F) A statement that contains information obtained from the	36014
system's records that is signed by an officer of the retirement	36015
system and to which the system's official seal is affixed, or	36016
copies of the system's records to which the signature and seal are	36017
attached, shall be received as true copies of the system's records	36018
in any court or before any officer of this state.	36019

Sec. 3307.31. (A) Payments by boards of education and	36020
governing authorities of community schools to the state teachers	36021
retirement system, as provided in sections 3307.29 and 3307.291 of	36022
the Revised Code, shall be made from the amount allocated under	36023
section 3314.08~~, Chapter 3306.,~~ or Chapter 3317. of the Revised	36024
Code prior to its distribution to the individual school districts	36025
or community schools. The amount due from each school district or	36026
community school shall be certified by the secretary of the system	36027
to the superintendent of public instruction monthly, or at such	36028
times as may be determined by the state teachers retirement board.	36029

The superintendent shall deduct, from the amount allocated to	36030
each district or community school under section 3314.08~~, Chapter~~	36031
~~3306.,~~ or Chapter 3317. of the Revised Code, the entire amounts	36032
due to the system from such district or school upon the	36033
certification to the superintendent by the secretary thereof.	36034

The superintendent shall certify to the director of budget	36035
and management the amounts thus due the system for payment.	36036

(B) Payments to the state teachers retirement system by a	36037
science, technology, engineering, and mathematics school shall be	36038
deducted from the amount allocated under section 3326.33 of the	36039
Revised Code and shall be made in the same manner as payments by	36040
boards of education under this section.	36041

Sec. 3307.64. A disability benefit recipient,	36042
notwithstanding section 3319.13 of the Revised Code, shall retain	36043
membership in the state teachers retirement system and shall be	36044
considered on leave of absence during the first five years	36045
following the effective date of a disability benefit.	36046

The state teachers retirement board shall require any	36047
disability benefit recipient to submit to an annual medical	36048
examination by a physician selected by the board, except that the	36049
board may waive the medical examination if the board's physician	36050
certifies that the recipient's disability is ongoing. If a	36051
disability benefit recipient refuses to submit to a medical	36052
examination, the recipient's disability benefit shall be suspended	36053
until the recipient withdraws the refusal. If the refusal	36054
continues for one year, all the recipient's rights under and to	36055
the disability benefit shall be terminated as of the effective	36056
date of the original suspension.	36057

After the examination, the examiner shall report and certify	36058
to the board whether the disability benefit recipient is no longer	36059
physically and mentally incapable of resuming the service from	36060
which the recipient was found disabled. If the board concurs in a	36061
report by the examining physician that the disability benefit	36062
recipient is no longer incapable, the payment of a disability	36063
benefit shall be terminated not later than the following	36064
thirty-first day of August or upon employment as a teacher prior	36065
thereto. If the leave of absence has not expired, the board shall	36066
so certify to the disability benefit recipient's last employer	36067
before being found disabled that the recipient is no longer	36068
physically and mentally incapable of resuming service that is the	36069
same or similar to that from which the recipient was found	36070
disabled. If the recipient was under contract at the time the	36071
recipient was found disabled, the employer by the first day of the	36072
next succeeding year shall restore the recipient to the	36073
recipient's previous position and salary or to a position and	36074
salary similar thereto, unless the recipient was dismissed or	36075
resigned in lieu of dismissal for dishonesty, misfeasance,	36076
malfeasance, or conviction of a felony.	36077

A disability benefit shall terminate if the disability	36078
benefit recipient becomes employed as a teacher in any public or	36079
private school or institution in this state or elsewhere. An	36080
individual receiving a disability benefit from the system shall be	36081
ineligible for any employment as a teacher and it shall be	36082
unlawful for any employer to employ the individual as a teacher.	36083
If any employer should employ or reemploy the individual prior to	36084
the termination of a disability benefit, the employer shall file	36085
notice of employment with the board designating the date of the	36086
employment. If the individual should be paid both a disability	36087
benefit and also compensation for teaching service for all or any	36088
part of the same month, the secretary of the board shall certify	36089
to the employer or to the superintendent of public instruction the	36090
amount of the disability benefit received by the individual during	36091
the employment, which amount shall be deducted from any amount due	36092
the employing district under ~~Chapters 3306. and~~Chapter 3317. of	36093
the Revised Code or shall be paid by the employer to the annuity	36094
and pension reserve fund.	36095

Each disability benefit recipient shall file with the board	36096
an annual statement of earnings, current medical information on	36097
the recipient's condition, and any other information required in	36098
rules adopted by the board. The board may waive the requirement	36099
that a disability benefit recipient file an annual statement of	36100
earnings or current medical information if the board's physician	36101
certifies that the recipient's disability is ongoing.	36102

The board shall annually examine the information submitted by	36103
the recipient. If a disability benefit recipient refuses to file	36104
the statement or information, the disability benefit shall be	36105
suspended until the statement and information are filed. If the	36106
refusal continues for one year, the recipient's right to the	36107
disability benefit shall be terminated as of the effective date of	36108
the original suspension.	36109

A disability benefit also may be terminated by the board at	36110
the request of the disability benefit recipient.	36111

If disability retirement under section 3307.63 of the Revised	36112
Code is terminated for any reason, the annuity and pension	36113
reserves at that time in the annuity and pension reserve fund	36114
shall be transferred to the teachers' savings fund and the	36115
employers' trust fund, respectively. If the total disability	36116
benefit paid was less than the amount of the accumulated	36117
contributions of the member transferred to the annuity and pension	36118
reserve fund at the time of the member's disability retirement,	36119
then the difference shall be transferred from the annuity and	36120
pension reserve fund to another fund as required. In determining	36121
the amount of a member's account following the termination of	36122
disability retirement for any reason, the total amount paid shall	36123
be charged against the member's refundable account.	36124

If a disability allowance paid under section 3307.631 of the	36125
Revised Code is terminated for any reason, the reserve on the	36126
allowance at that time in the annuity and pension reserve fund	36127
shall be transferred from that fund to the employers' trust fund.	36128

If a former disability benefit recipient again becomes a	36129
contributor, other than as an other system retirant under section	36130
3307.35 of the Revised Code, to this retirement system, the school	36131
employees retirement system, or the public employees retirement	36132
system, and completes at least two additional years of service	36133
credit, the former disability benefit recipient shall receive	36134
credit for the period as a disability benefit recipient.	36135

Sec. 3309.22. (A)(1) As used in this division, "personal	36136
history record" means information maintained by the board on an	36137
individual who is a member, former member, contributor, former	36138
contributor, retirant, or beneficiary that includes the address,	36139
telephone number, social security number, record of contributions,	36140
correspondence with the system, and other information the board	36141
determines to be confidential.	36142

(2) The records of the board shall be open to public	36143
inspection, except for the following, which shall be excluded,	36144
except with the written authorization of the individual concerned:	36145

(a) The individual's statement of previous service and other	36146
information as provided for in section 3309.28 of the Revised	36147
Code;	36148

(b) Any information identifying by name and address the	36149
amount of a monthly allowance or benefit paid to the individual;	36150

36151

(B) All medical reports and recommendations required by the	36152
system are privileged except that copies of such medical reports	36153
or recommendations shall be made available to the personal	36154
physician, attorney, or authorized agent of the individual	36155
concerned upon written release received from the individual or the	36156
individual's agent, or when necessary for the proper	36157
administration of the fund, to the board assigned physician.	36158

(C) Any person who is a contributor of the system shall be	36159
furnished, on written request, with a statement of the amount to	36160
the credit of the person's account. The board need not answer more	36161
than one such request of a person in any one year.	36162

(D) Notwithstanding the exceptions to public inspection in	36163
division (A)(2) of this section, the board may furnish the	36164
following information:	36165

(1) If a member, former member, contributor, former	36166
contributor, or retirant is subject to an order issued under	36167
section 2907.15 of the Revised Code or an order issued under	36168
division (A) or (B) of section 2929.192 of the Revised Code or is	36169
convicted of or pleads guilty to a violation of section 2921.41 of	36170
the Revised Code, on written request of a prosecutor as defined in	36171
section 2935.01 of the Revised Code, the board shall furnish to	36172
the prosecutor the information requested from the individual's	36173
personal history record.	36174

(2) Pursuant to a court or administrative order issued under	36175
section 3119.80, 3119.81, 3121.02, 3121.03, or 3123.06 of the	36176
Revised Code, the board shall furnish to a court or child support	36177
enforcement agency the information required under that section.	36178

(3) At the written request of any person, the board shall	36179
provide to the person a list of the names and addresses of	36180
members, former members, retirants, contributors, former	36181
contributors, or beneficiaries. The costs of compiling, copying,	36182
and mailing the list shall be paid by such person.	36183

(4) Within fourteen days after receiving from the director of	36184
job and family services a list of the names and social security	36185
numbers of recipients of public assistance pursuant to section	36186
5101.181 of the Revised Code, the board shall inform the auditor	36187
of state of the name, current or most recent employer address, and	36188
social security number of each contributor whose name and social	36189
security number are the same as that of a person whose name or	36190
social security number was submitted by the director. The board	36191
and its employees shall, except for purposes of furnishing the	36192
auditor of state with information required by this section,	36193
preserve the confidentiality of recipients of public assistance in	36194
compliance with ~~division (A) of~~ section 5101.181 of the Revised	36195
Code.	36196

(5) The system shall comply with orders issued under section	36197
3105.87 of the Revised Code.	36198

On the written request of an alternate payee, as defined in	36199
section 3105.80 of the Revised Code, the system shall furnish to	36200
the alternate payee information on the amount and status of any	36201
amounts payable to the alternate payee under an order issued under	36202
section 3105.171 or 3105.65 of the Revised Code.	36203

(6) At the request of any person, the board shall make	36204
available to the person copies of all documents, including	36205
resumes, in the board's possession regarding filling a vacancy of	36206
an employee member or retirant member of the board. The person who	36207
made the request shall pay the cost of compiling, copying, and	36208
mailing the documents. The information described in this division	36209
is a public record.	36210

(E) A statement that contains information obtained from the	36211
system's records that is signed by an officer of the retirement	36212
system and to which the system's official seal is affixed, or	36213
copies of the system's records to which the signature and seal are	36214
attached, shall be received as true copies of the system's records	36215
in any court or before any officer of this state.	36216

Sec. 3309.41. (A) A disability benefit recipient shall	36217
retain membership status and shall be considered on leave of	36218
absence from employment during the first five years following the	36219
effective date of a disability benefit, notwithstanding any	36220
contrary provisions in Chapter 124. or 3319. of the Revised Code.	36221

(B) The school employees retirement board shall require a	36222
disability benefit recipient to undergo an annual medical	36223
examination, except that the board may waive the medical	36224
examination if the board's physician or physicians certify that	36225
the recipient's disability is ongoing. Should any disability	36226
benefit recipient refuse to submit to a medical examination, the	36227
recipient's disability benefit shall be suspended until withdrawal	36228
of the refusal. Should the refusal continue for one year, all the	36229
recipient's rights in and to the disability benefit shall be	36230
terminated as of the effective date of the original suspension.	36231

(C) On completion of the examination by an examining	36232
physician or physicians selected by the board, the physician or	36233
physicians shall report and certify to the board whether the	36234
disability benefit recipient is no longer physically and mentally	36235
incapable of resuming the service from which the recipient was	36236
found disabled. If the board concurs in the report that the	36237
disability benefit recipient is no longer incapable, the payment	36238
of the disability benefit shall be terminated not later than three	36239
months after the date of the board's concurrence or upon	36240
employment as an employee. If the leave of absence has not	36241
expired, the retirement board shall certify to the disability	36242
benefit recipient's last employer before being found disabled that	36243
the recipient is no longer physically and mentally incapable of	36244
resuming service that is the same or similar to that from which	36245
the recipient was found disabled. The employer shall restore the	36246
recipient to the recipient's previous position and salary or to a	36247
position and salary similar thereto not later than the first day	36248
of the first month following termination of the disability	36249
benefit, unless the recipient was dismissed or resigned in lieu of	36250
dismissal for dishonesty, misfeasance, malfeasance, or conviction	36251
of a felony.	36252

(D) Each disability benefit recipient shall file with the	36253
board an annual statement of earnings, current medical information	36254
on the recipient's condition, and any other information required	36255
in rules adopted by the board. The board may waive the requirement	36256
that a disability benefit recipient file an annual statement of	36257
earnings or current medical information on the recipient's	36258
condition if the board's physician or physicians certify that the	36259
recipient's disability is ongoing.	36260

The board shall annually examine the information submitted by	36261
the recipient. If a disability benefit recipient refuses to file	36262
the statement or information, the disability benefit shall be	36263
suspended until the statement and information are filed. If the	36264
refusal continues for one year, the recipient's right to the	36265
disability benefit shall be terminated as of the effective date of	36266
the original suspension.	36267

(E) If a disability benefit recipient is employed by an	36268
employer covered by this chapter, the recipient's disability	36269
benefit shall cease.	36270

(F) If disability retirement under section 3309.40 of the	36271
Revised Code is terminated for any reason, the annuity and pension	36272
reserves at that time in the annuity and pension reserve fund	36273
shall be transferred to the employees' savings fund and the	36274
employers' trust fund, respectively. If the total disability	36275
benefit paid is less than the amount of the accumulated	36276
contributions of the member transferred into the annuity and	36277
pension reserve fund at the time of the member's disability	36278
retirement, the difference shall be transferred from the annuity	36279
and pension reserve fund to another fund as may be required. In	36280
determining the amount of a member's account following the	36281
termination of disability retirement for any reason, the amount	36282
paid shall be charged against the member's refundable account.	36283

If a disability allowance paid under section 3309.401 of the	36284
Revised Code is terminated for any reason, the reserve on the	36285
allowance at that time in the annuity and pension reserve fund	36286
shall be transferred from that fund to the employers' trust fund.	36287

The board may terminate a disability benefit at the request	36288
of the recipient.	36289

(G) If a disability benefit is terminated and a former	36290
disability benefit recipient again becomes a contributor, other	36291
than as an other system retirant as defined in section 3309.341 of	36292
the Revised Code, to this system, the public employees retirement	36293
system, or the state teachers retirement system, and completes an	36294
additional two years of service credit after the termination of	36295
the disability benefit, the former disability benefit recipient	36296
shall be entitled to full service credit for the period as a	36297
disability benefit recipient.	36298

(H) If any employer employs any member who is receiving a	36299
disability benefit, the employer shall file notice of employment	36300
with the retirement board, designating the date of employment. In	36301
case the notice is not filed, the total amount of the benefit paid	36302
during the period of employment prior to notice shall be paid from	36303
amounts allocated under ~~Chapters 3306. and~~Chapter 3317. of the	36304
Revised Code prior to its distribution to the school district in	36305
which the disability benefit recipient was so employed.	36306

Sec. 3309.48. Any employee who left the service of an	36307
employer after attaining age sixty-five or over and such employer	36308
had failed or refused to deduct and transmit to the school	36309
employees retirement system the employee contributions as required	36310
by section 3309.47 of the Revised Code during any year for which	36311
membership was compulsory as determined by the school employees	36312
retirement board, shall be granted service credit without cost,	36313
which shall be considered as total service credit for the purposes	36314
of meeting the qualifications for service retirement provided by	36315
the law in effect on and retroactive to the first eligible	36316
retirement date following the date such employment terminated, but	36317
shall not be paid until formal application for such allowance on a	36318
form provided by the retirement board is received in the office of	36319
the retirement system. The total service credit granted under this	36320
section shall not exceed ten years for any such employee.	36321

The liability incurred by the retirement board because of the	36322
service credit granted under this section shall be determined by	36323
the retirement board, the cost of which shall be equal to an	36324
amount that is determined by applying the combined employee and	36325
employer rates of contribution against the compensation of such	36326
employee at the rates of contribution and maximum salary	36327
provisions in effect during such employment for each year for	36328
which credit is granted, together with interest at the rate to be	36329
credited accumulated contributions at retirement, compounded	36330
annually from the first day of the month payment was due the	36331
retirement system to and including the month of deposit, the total	36332
amount of which shall be collected from the employer. Such amounts	36333
shall be certified by the retirement board to the superintendent	36334
of public instruction, who shall deduct the amount due the system	36335
from any funds due the affected school district under ~~Chapters~~	36336
~~3306. and~~Chapter 3317. of the Revised Code. The superintendent	36337
shall certify to the director of budget and management the amount	36338
due the system for payment. The total amount paid shall be	36339
deposited into the employers' trust fund, and shall not be	36340
considered as accumulated contributions of the employee in the	36341
event of the employee's death or withdrawal of funds.	36342

Sec. 3309.51. (A) Each employer shall pay annually into the	36343
employers' trust fund, in such monthly or less frequent	36344
installments as the school employees retirement board requires, an	36345
amount certified by the school employees retirement board, which	36346
shall be as required by Chapter 3309. of the Revised Code.	36347

Payments by school district boards of education to the	36348
employers' trust fund of the school employees retirement system	36349
may be made from the amounts allocated under ~~Chapters 3306. and~~	36350
Chapter 3317. of the Revised Code prior to their distribution to	36351
the individual school districts. The amount due from each school	36352
district may be certified by the secretary of the system to the	36353
superintendent of public instruction monthly, or at such times as	36354
is determined by the school employees retirement board.	36355

Payments by governing authorities of community schools to the	36356
employers' trust fund of the school employees retirement system	36357
shall be made from the amounts allocated under section 3314.08 of	36358
the Revised Code prior to their distribution to the individual	36359
community schools. The amount due from each community school shall	36360
be certified by the secretary of the system to the superintendent	36361
of public instruction monthly, or at such times as determined by	36362
the school employees retirement board.	36363

Payments by a science, technology, engineering, and	36364
mathematics school to the employers' trust fund of the school	36365
employees retirement system shall be made from the amounts	36366
allocated under section 3326.33 of the Revised Code prior to their	36367
distribution to the school. The amount due from a science,	36368
technology, engineering, and mathematics school shall be certified	36369
by the secretary of the school employees retirement system to the	36370
superintendent of public instruction monthly, or at such times as	36371
determined by the school employees retirement board.	36372

(B) The superintendent shall deduct from the amount allocated	36373
to each community school under section 3314.08 of the Revised	36374
Code, to each school district under ~~Chapters 3306. and~~Chapter	36375
3317. of the Revised Code, or to each science, technology,	36376
engineering, and mathematics school under section 3326.33 of the	36377
Revised Code the entire amounts due to the school employees	36378
retirement system from such school or school district upon the	36379
certification to the superintendent by the secretary thereof.	36380

(C) Where an employer fails or has failed or refuses to make	36381
payments to the employers' trust fund, as provided for under	36382
Chapter 3309. of the Revised Code, the secretary of the school	36383
employees retirement system may certify to the state	36384
superintendent of public instruction, monthly or at such times as	36385
is determined by the school employees retirement board, the amount	36386
due from such employer, and the superintendent shall deduct from	36387
the amount allocated to the employer under section 3314.08 or	36388
3326.33 or Chapter ~~3306. or~~ 3317. of the Revised Code, as	36389
applicable, the entire amounts due to the system from the employer	36390
upon the certification to the superintendent by the secretary of	36391
the school employees retirement system.	36392

(D) The superintendent shall certify to the director of	36393
budget and management the amounts thus due the system for payment.	36394

Sec. 3310.02. (A) The educational choice scholarship pilot	36395
program is hereby established. Under the program, the department	36396
of education annually shall pay scholarships to attend chartered	36397
nonpublic schools in accordance with section 3310.08 of the	36398
Revised Code for up to ~~fourteen thousand~~the following number of	36399
eligible students:	36400

(1) Thirty thousand in the 2011-2012 school year;

36401

(2) Sixty thousand in the 2012-2013 school year and	36402
thereafter. If	36403

(B) If the number of students who apply for a scholarship	36404
exceeds ~~fourteen thousand~~the number of scholarships available	36405
under division (A) of this section for the applicable school year,	36406
the department shall award scholarships in the following order of	36407
priority:	36408

~~(A)~~(1) First, to eligible students who received scholarships	36409
in the prior school year;	36410

~~(B)~~(2) Second, to eligible students with family incomes at or	36411
below two hundred per cent of the federal poverty guidelines, as	36412
defined in section 5101.46 of the Revised Code, who qualify under	36413
division (A) of section 3310.03 of the Revised Code. If the number	36414
of students described in ~~this~~ division (B)(2) of this section who	36415
apply for a scholarship exceeds the number of available	36416
scholarships after awards are made under division ~~(A)~~(B)(1) of	36417
this section, the department shall select students described in	36418
~~this~~ division (B)(2) of this section by lot to receive any	36419
remaining scholarships.	36420

~~(C)~~(3) Third, to other eligible students who qualify under	36421
division (A) of section 3310.03 of the Revised Code. If the number	36422
of students described in ~~this~~ division (B)(3) of this section who	36423
apply for a scholarship exceeds the number of available	36424
scholarships after awards are made under divisions ~~(A)~~(B)(1) and	36425
~~(B)~~(2) of this section, the department shall select students	36426
described in ~~this~~ division (B)(3) of this section by lot to	36427
receive any remaining scholarships.	36428

(4) Fourth, to eligible students with family incomes at or	36429
below two hundred per cent of the federal poverty guidelines who	36430
qualify under division (B) of section 3310.03 of the Revised Code.	36431
If the number of students described in division (B)(4) of this	36432
section who apply for a scholarship exceeds the number of	36433
available scholarships after awards are made under divisions	36434
(B)(1) to (3) of this section, the department shall select	36435
students described in division (B)(4) of this section by lot to	36436
receive any remaining scholarships.	36437

(5) Fifth, to other eligible students who qualify under	36438
division (B) of section 3310.03 of the Revised Code. If the number	36439
of students described in division (B)(5) of this section who apply	36440
for a scholarship exceeds the number of available scholarships	36441
after awards are made under divisions (B)(1) to (4) of this	36442
section, the department shall select students described in	36443
division (B)(5) of this section by lot to receive any remaining	36444
scholarships.	36445

Sec. 3310.03. ~~(A)~~ A student is an "eligible student" for	36446
purposes of the educational choice scholarship pilot program if	36447
the student's resident district is not a school district in which	36448
the pilot project scholarship program is operating under sections	36449
3313.974 to 3313.979 of the Revised Code and the student satisfies	36450
one of the ~~following~~ conditions in division (A) or (B) of this	36451
section:	36452

(A)(1) The student is enrolled in a school building that is	36453
operated by the student's resident district and to which both of	36454
the following apply:	36455

(a) The building was declared, in at least two of the three	36456
most recent ratings of school buildings published prior to the	36457
first day of July of the school year for which a scholarship is	36458
sought, to be in a state of academic emergency or academic watch	36459
under section 3302.03 of the Revised Code;	36460

(b) The building was not declared to be excellent or	36461
effective under that section in the most recent rating published	36462
prior to the first day of July of the school year for which a	36463
scholarship is sought.	36464

(2) The student is eligible to enroll in kindergarten in the	36465
school year for which a scholarship is sought and otherwise would	36466
be assigned under section 3319.01 of the Revised Code to a school	36467
building described in division (A)(1) of this section.	36468

(3) The student is enrolled in a community school established	36469
under Chapter 3314. of the Revised Code but otherwise would be	36470
assigned under section 3319.01 of the Revised Code to a building	36471
described in division (A)(1) of this section.	36472

(4) The student is enrolled in a school building that is	36473
operated by the student's resident district or in a community	36474
school established under Chapter 3314. of the Revised Code and	36475
otherwise would be assigned under section 3319.01 of the Revised	36476
Code to a school building described in division (A)(1) of this	36477
section in the school year for which the scholarship is sought.	36478

(5) The student is eligible to enroll in kindergarten in the	36479
school year for which a scholarship is sought, or is enrolled in a	36480
community school established under Chapter 3314. of the Revised	36481
Code, and all of the following apply to the student's resident	36482
district:	36483

(a) The district has in force an intradistrict open	36484
enrollment policy under which no student in kindergarten or the	36485
community school student's grade level, respectively, is	36486
automatically assigned to a particular school building;	36487

(b) In at least two of the three most recent ratings of	36488
school districts published prior to the first day of July of the	36489
school year for which a scholarship is sought, the district was	36490
declared to be in a state of academic emergency under section	36491
3302.03 of the Revised Code;	36492

(c) The district was not declared to be excellent or	36493
effective under that section in the most recent rating published	36494
prior to the first day of July of the school year for which a	36495
scholarship is sought.	36496

(B)(1) The student is enrolled in a school building that is	36497
operated by the student's resident district and to which both of	36498
the following apply:	36499

(a) The building was ranked, in at least two of the three	36500
most recent ratings of school buildings published prior to the	36501
first day of July of the school year for which a scholarship is	36502
sought, in the lowest ten per cent of school buildings according	36503
to performance index score reported under section 3302.03 of the	36504
Revised Code.	36505

(b) The building was not declared to be excellent or	36506
effective under that section in the most recent rating published	36507
prior to the first day of July of the school year for which a	36508
scholarship is sought.	36509

(2) The student is eligible to enroll in kindergarten in the	36510
school year for which a scholarship is sought and otherwise would	36511
be assigned under section 3319.01 of the Revised Code to a school	36512
building described in division (B)(1) of this section.	36513

(3) The student is enrolled in a community school established	36514
under Chapter 3314. of the Revised Code but otherwise would be	36515
assigned under section 3319.01 of the Revised Code to a building	36516
described in division (B)(1) of this section.	36517

(4) The student is enrolled in a school building that is	36518
operated by the student's resident district or in a community	36519
school established under Chapter 3314. of the Revised Code and	36520
otherwise would be assigned under section 3319.01 of the Revised	36521
Code to a school building described in division (B)(1) of this	36522
section in the school year for which the scholarship is sought.	36523

(C) A student who receives a scholarship under the	36524
educational choice scholarship pilot program remains an eligible	36525
student and may continue to receive scholarships in subsequent	36526
school years until the student completes grade twelve, so long as	36527
all of the following apply:	36528

(1) The student's resident district remains the same, or the	36529
student transfers to a new resident district and otherwise would	36530
be assigned in the new resident district to a school building	36531
described in division (A)(1) or ~~(6)~~(B)(1) of this section;	36532

(2) The student takes each assessment prescribed for the	36533
student's grade level under section 3301.0710 or 3301.0712 of the	36534
Revised Code while enrolled in a chartered nonpublic school;	36535

(3) In each school year that the student is enrolled in a	36536
chartered nonpublic school, the student is absent from school for	36537
not more than twenty days that the school is open for instruction,	36538
not including excused absences.	36539

~~(C)~~(D)(1) The department shall cease awarding first-time	36540
scholarships pursuant to divisions (A)(1) to (4) of this section	36541
with respect to a school building that, in the most recent ratings	36542
of school buildings published under section 3302.03 of the Revised	36543
Code prior to the first day of July of the school year, ceases to	36544
meet the criteria in division (A)(1) of this section. The	36545
department shall cease awarding first-time scholarships pursuant	36546
to division (A)(5) of this section with respect to a school	36547
district that, in the most recent ratings of school districts	36548
published under section 3302.03 of the Revised Code prior to the	36549
first day of July of the school year, ceases to meet the criteria	36550
in division (A)(5) of this section. ~~However~~	36551

(2) The department shall cease awarding first-time	36552
scholarships pursuant to divisions (B)(1) to (4) of this section	36553
with respect to a school building that, in the most recent ratings	36554
of school buildings under section 3302.03 of the Revised Code	36555
prior to the first day of July of the school year, ceases to meet	36556
the criteria in division (B)(1) of this section.	36557

(3) However, students who have received scholarships in the	36558
prior school year remain eligible students pursuant to division	36559
~~(B)~~(C) of this section.	36560

~~(D)~~(E) The state board of education shall adopt rules	36561
defining excused absences for purposes of division ~~(B)~~(C)(3) of	36562
this section.	36563

Sec. 3310.05. A scholarship under the educational choice	36564
scholarship pilot program is not available for any student whose	36565
resident district is a school district in which the pilot project	36566
scholarship program is operating under sections 3313.974 to	36567
3313.979 of the Revised Code. The two pilot programs are separate	36568
and distinct~~. The general assembly has prescribed separate~~	36569
~~scholarship amounts for the two pilot programs in recognition of~~	36570
~~their~~, with differing eligibility criteria. The pilot project	36571
scholarship program operating under sections 3313.974 to 3313.979	36572
of the Revised Code is a district-wide program that may award	36573
scholarships to students who do not attend district schools that	36574
face academic challenges, whereas the educational choice	36575
scholarship pilot program established under sections 3310.01 to	36576
3310.17 of the Revised Code is limited to students of individual	36577
district school buildings that face academic challenges.	36578

Sec. 3310.08. (A) The amount paid for an eligible student	36579
under the educational choice scholarship pilot program shall be	36580
the lesser of the tuition of the chartered nonpublic school in	36581
which the student is enrolled or the maximum amount prescribed in	36582
section 3310.09 of the Revised Code.	36583

(B)(1) The department shall pay to the parent of each	36584
eligible student for whom a scholarship is awarded under the	36585
program, or to the student if at least eighteen years of age,	36586
periodic partial payments of the scholarship.	36587

(2) The department shall proportionately reduce or terminate	36588
the payments for any student who withdraws from a chartered	36589
nonpublic school prior to the end of the school year.	36590

(C)(1) The department shall deduct ~~five thousand two hundred~~	36591
~~dollars~~ from the payments made to each school district under	36592
~~Chapters 3306. and~~Chapter 3317., and, if necessary, sections	36593
321.24 and 323.156 of the Revised Code, the amount paid under	36594
division (B) of this section for each eligible student awarded a	36595
scholarship under the ~~educational choice scholarship pilot~~ program	36596
who is entitled under section 3313.64 or 3313.65 of the Revised	36597
Code to attend school in the district.	36598

~~The amount deducted under division (C)(1) of this section~~	36599
~~funds scholarships for students under both the educational choice~~	36600
~~scholarship pilot program and the pilot project scholarship~~	36601
~~program under sections 3313.974 to 3313.979 of the Revised Code.~~	36602

(2) If the department reduces or terminates payments to a	36603
parent or a student, as prescribed in division (B)(2) of this	36604
section, and the student enrolls in the schools of the student's	36605
resident district or in a community school, established under	36606
Chapter 3314. of the Revised Code, before the end of the school	36607
year, the department shall proportionally restore to the resident	36608
district the amount deducted for that student under division	36609
(C)(1) of this section.	36610

~~(D) In the case of any school district from which a deduction~~	36611
~~is made under division (C) of this section, the department shall~~	36612
~~disclose on the district's SF-3 form, or any successor to that~~	36613
~~form used to calculate a district's state funding for operating~~	36614
~~expenses, a comparison of the following:~~	36615

~~(1) The district's state share of the adequacy amount~~	36616
~~payment, as calculated under section 3306.13 of the Revised Code~~	36617
~~with the scholarship students included in the district's formula~~	36618
~~ADM;~~	36619

~~(2) What the district's state share of the adequacy amount~~	36620
~~payment would have been, as calculated under that section if the~~	36621
~~scholarship students were not included in the district's formula~~	36622
~~ADM.~~	36623

~~This comparison shall display both the aggregate difference~~	36624
~~between the amounts described in divisions (D)(1) and (2) of this~~	36625
~~section, and the quotient of that aggregate difference divided by~~	36626
~~the number of eligible students for whom deductions are made under~~	36627
~~division (C) of this section.~~	36628

Sec. 3310.41. (A) As used in this section:

36629

(1) "Alternative public provider" means either of the	36630
following providers that agrees to enroll a child in the	36631
provider's special education program to implement the child's	36632
individualized education program and to which the child's parent	36633
owes fees for the services provided to the child:	36634

(a) A school district that is not the school district in	36635
which the child is entitled to attend school;	36636

(b) A public entity other than a school district.

36637

(2) "Entitled to attend school" means entitled to attend	36638
school in a school district under section 3313.64 or 3313.65 of	36639
the Revised Code.	36640

(3) "Formula ADM" and "category six special education ADM"	36641
have the same meanings as in section 3317.02 of the Revised Code.	36642

(4) "Preschool child with a disability" and "individualized	36643
education program" have the same meanings as in section 3323.01 of	36644
the Revised Code.	36645

(5) "Parent" has the same meaning as in section 3313.64 of	36646
the Revised Code, except that "parent" does not mean a parent	36647
whose custodial rights have been terminated.	36648

(6) "Preschool scholarship ADM" means the number of preschool	36649
children with disabilities reported under division (B)(3)(h) of	36650
section 3317.03 of the Revised Code.	36651

(7) "Qualified special education child" is a child for whom	36652
all of the following conditions apply:	36653

(a) The school district in which the child is entitled to	36654
attend school has identified the child as autistic. A child who	36655
has been identified as having a "pervasive developmental disorder	36656
- not otherwise specified (PPD-NOS)" shall be considered to be an	36657
autistic child for purposes of this section.	36658

(b) The school district in which the child is entitled to	36659
attend school has developed an individualized education program	36660
under Chapter 3323. of the Revised Code for the child.	36661

36662

(i) Was enrolled in the school district in which the child is	36663
entitled to attend school in any grade from preschool through	36664
twelve in the school year prior to the year in which a scholarship	36665
under this section is first sought for the child; or	36666

(ii) Is eligible to enter school in any grade preschool	36667
through twelve in the school district in which the child is	36668
entitled to attend school in the school year in which a	36669
scholarship under this section is first sought for the child.	36670

(8) "Registered private provider" means a nonpublic school or	36671
other nonpublic entity that has been approved by the department of	36672
education to participate in the program established under this	36673
section.	36674

(9) "Special education program" means a school or facility	36675
that provides special education and related services to children	36676
with disabilities.	36677

(B) There is hereby established the autism scholarship	36678
program. Under the program, the department of education shall pay	36679
a scholarship to the parent of each qualified special education	36680
child upon application of that parent pursuant to procedures and	36681
deadlines established by rule of the state board of education.	36682
Each scholarship shall be used only to pay tuition for the child	36683
on whose behalf the scholarship is awarded to attend a special	36684
education program that implements the child's individualized	36685
education program and that is operated by an alternative public	36686
provider or by a registered private provider. Each scholarship	36687
shall be in an amount not to exceed the lesser of the tuition	36688
charged for the child by the special education program or twenty	36689
thousand dollars. The purpose of the scholarship is to permit the	36690
parent of a qualified special education child the choice to send	36691
the child to a special education program, instead of the one	36692
operated by or for the school district in which the child is	36693
entitled to attend school, to receive the services prescribed in	36694
the child's individualized education program once the	36695
individualized education program is finalized. AThe services	36696
provided under the scholarship shall include an educational	36697
component.	36698

A scholarship under this section shall not be awarded to the	36699
parent of a child while the child's individualized education	36700
program is being developed by the school district in which the	36701
child is entitled to attend school, or while any administrative or	36702
judicial mediation or proceedings with respect to the content of	36703
the child's individualized education program are pending. A	36704
scholarship under this section shall not be used for a child to	36705
attend a public special education program that operates under a	36706
contract, compact, or other bilateral agreement between the school	36707
district in which the child is entitled to attend school and	36708
another school district or other public provider, or for a child	36709
to attend a community school established under Chapter 3314. of	36710
the Revised Code. However, nothing in this section or in any rule	36711
adopted by the state board shall prohibit a parent whose child	36712
attends a public special education program under a contract,	36713
compact, or other bilateral agreement, or a parent whose child	36714
attends a community school, from applying for and accepting a	36715
scholarship under this section so that the parent may withdraw the	36716
child from that program or community school and use the	36717
scholarship for the child to attend a special education program	36718
for which the parent is required to pay for services for the	36719
child. A	36720

A child attending a special education program with a	36721
scholarship under this section shall continue to be entitled to	36722
transportation to and from that program in the manner prescribed	36723
by law.	36724

(C)(1) As prescribed in divisions (A)(2)(h), (B)(3)(g), and	36725
(B)(10) of section 3317.03 of the Revised Code, a child who is not	36726
a preschool child with a disability for whom a scholarship is	36727
awarded under this section shall be counted in the formula ADM and	36728
the category six special education ADM of the district in which	36729
the child is entitled to attend school and not in the formula ADM	36730
and the category six special education ADM of any other school	36731
district. As prescribed in divisions (B)(3)(h) and (B)(10) of	36732
section 3317.03 of the Revised Code, a child who is a preschool	36733
child with a disability for whom a scholarship is awarded under	36734
this section shall be counted in the preschool scholarship ADM and	36735
category six special education ADM of the school district in which	36736
the child is entitled to attend school and not in the preschool	36737
scholarship ADM or category six special education ADM of any other	36738
school district.	36739

(2) In each fiscal year, the department shall deduct from the	36740
amounts paid to each school district under ~~Chapters 3306. and~~	36741
Chapter 3317. of the Revised Code, and, if necessary, sections	36742
321.24 and 323.156 of the Revised Code, the aggregate amount of	36743
scholarships awarded under this section for qualified special	36744
education children included in the formula ADM, or preschool	36745
scholarship ADM, and in the category six special education ADM of	36746
that school district as provided in division (C)(1) of this	36747
section. ~~When computing the school district's instructional~~	36748
~~services support under section 3306.05 of the Revised Code, the~~	36749
~~department shall add the district's preschool scholarship ADM to~~	36750
~~the district's formula ADM.~~	36751

The scholarships deducted shall be considered as an approved	36752
special education and related services expense of the school	36753
district.	36754

(3) From time to time, the department shall make a payment to	36755
the parent of each qualified special education child for whom a	36756
scholarship has been awarded under this section. The scholarship	36757
amount shall be proportionately reduced in the case of any such	36758
child who is not enrolled in the special education program for	36759
which a scholarship was awarded under this section for the entire	36760
school year. The department shall make no payments to the parent	36761
of a child while any administrative or judicial mediation or	36762
proceedings with respect to the content of the child's	36763
individualized education program are pending.	36764

(D) A scholarship shall not be paid to a parent for payment	36765
of tuition owed to a nonpublic entity unless that entity is a	36766
registered private provider. The department shall approve entities	36767
that meet the standards established by rule of the state board for	36768
the program established under this section.	36769

(E) The state board shall adopt rules under Chapter 119. of	36770
the Revised Code prescribing procedures necessary to implement	36771
this section, including, but not limited to, procedures and	36772
deadlines for parents to apply for scholarships, standards for	36773
registered private providers, and procedures for approval of	36774
entities as registered private providers.	36775

Sec. 3311.05. (A) The territory within the territorial	36776
limits of a county, or the territory included in a district formed	36777
under ~~either~~ section 3311.053 ~~or 3311.059~~ of the Revised Code,	36778
exclusive of the territory embraced in any city school district or	36779
exempted village school district, and excluding the territory	36780
detached therefrom for school purposes and including the territory	36781
attached thereto for school purposes constitutes an educational	36782
service center.	36783

(B) A county school financing district created under section	36784
3311.50 of the Revised Code is not the school district described	36785
in division (A) of this section or any other school district but	36786
is a taxing district.	36787

Sec. 3311.0510. (A) If all of the local school districts	36788
that make up the territory of an educational service center have	36789
severed from the territory of that service center, upon the	36790
effective date of the severance of the last remaining local school	36791
district to make up the territory of the service center, the	36792
governing board of that service center shall be abolished and such	36793
service center shall be dissolved by order of the superintendent	36794
of public instruction. The superintendent's order shall provide	36795
for the equitable division and disposition of the assets,	36796
property, debts, and obligations of the service center among the	36797
local school districts, of which the territory of the service	36798
center is or previously was made up, and the city and exempted	36799
village school districts with which the service center had	36800
agreements under section 3313.843 of the Revised Code for the	36801
service center's last fiscal year of operation. The	36802
superintendent's order shall provide that the tax duplicate of	36803
each of those school districts shall be bound for and assume the	36804
district's equitable share of the outstanding indebtedness of the	36805
service center. The superintendent's order is final and is not	36806
appealable.	36807

Immediately upon the abolishment of the service center	36808
governing board pursuant to this section, the superintendent of	36809
public instruction shall appoint a qualified individual to	36810
administer the dissolution of the service center and to implement	36811
the terms of the superintendent's dissolution order.	36812

Prior to distributing assets to any school district under	36813
this section, but after paying in full other debts and obligations	36814
of the service center under this section, the superintendent of	36815
public instruction may assess against the remaining assets of the	36816
service center the amount of the costs incurred by the department	36817
of education in performing the superintendent's duties under this	36818
division, including the fees, if any, owed to the individual	36819
appointed to administer the superintendent's dissolution order.	36820
Any excess cost incurred by the department under this division	36821
shall be divided equitably among the local school districts, of	36822
which the territory of the service center is or previously was	36823
made up, and the city and exempted village school districts with	36824
which the service center had agreements under section 3313.843 of	36825
the Revised Code for the service center's last fiscal year of	36826
operation. Each district's share of that excess cost shall be	36827
bound against the tax duplicate of that district.	36828

(B) A final audit of the former service center shall be	36829
performed in accordance with procedures established by the auditor	36830
of state.	36831

(C) The public records of an educational service center that	36832
is dissolved under this section shall be transferred in accordance	36833
with this division. Public records maintained by the service	36834
center in connection with services provided by the service center	36835
to local school districts shall be transferred to each of the	36836
respective local school districts. Public records maintained by	36837
the service center in connection with services provided under an	36838
agreement with a city or exempted village school district pursuant	36839
to section 3313.843 of the Revised Code shall be transferred to	36840
each of the respective city or exempted village school districts.	36841
All other public records maintained by the service center at the	36842
time the service center ceases operations shall be transferred to	36843
the Ohio historical society for analysis and disposition by the	36844
society in its capacity as archives administrator for the state	36845
and its political subdivisions pursuant to division (C) of section	36846
149.30 and section 149.31 of the Revised Code.	36847

Sec. 3311.06. (A) As used in this section:

36848

(1) "Annexation" and "annexed" mean annexation for municipal	36849
purposes under sections 709.02 to 709.37 of the Revised Code.	36850

(2) "Annexed territory" means territory that has been annexed	36851
for municipal purposes to a city served by an urban school	36852
district, but on September 24, 1986, has not been transferred to	36853
the urban school district.	36854

(3) "Urban school district" means a city school district with	36855
an average daily membership for the 1985-1986 school year in	36856
excess of twenty thousand that is the school district of a city	36857
that contains annexed territory.	36858

(4) "Annexation agreement" means an agreement entered into	36859
under division (F) of this section that has been approved by the	36860
state board of education or an agreement entered into prior to	36861
September 24, 1986, that meets the requirements of division (F) of	36862
this section and has been filed with the state board.	36863

(B) The territory included within the boundaries of a city,	36864
local, exempted village, or joint vocational school district shall	36865
be contiguous except where a natural island forms an integral part	36866
of the district, where the state board of education authorizes a	36867
noncontiguous school district, as provided in division (E)(1) of	36868
this section, or where a local school district is created pursuant	36869
to section 3311.26 of the Revised Code from one or more local	36870
school districts, one of which has entered into an agreement under	36871
section 3313.42 of the Revised Code.	36872

(C)(1) When all of the territory of a school district is	36873
annexed to a city or village, such territory thereby becomes a	36874
part of the city school district or the school district of which	36875
the village is a part, and the legal title to school property in	36876
such territory for school purposes shall be vested in the board of	36877
education of the city school district or the school district of	36878
which the village is a part.	36879

(2) When the territory so annexed to a city or village	36880
comprises part but not all of the territory of a school district,	36881
the said territory becomes part of the city school district or the	36882
school district of which the village is a part only upon approval	36883
by the state board of education, unless the district in which the	36884
territory is located is a party to an annexation agreement with	36885
the city school district.	36886

Any urban school district that has not entered into an	36887
annexation agreement with any other school district whose	36888
territory would be affected by any transfer under this division	36889
and that desires to negotiate the terms of transfer with any such	36890
district shall conduct any negotiations under division (F) of this	36891
section as part of entering into an annexation agreement with such	36892
a district.	36893

Any school district, except an urban school district,	36894
desiring state board approval of a transfer under this division	36895
shall make a good faith effort to negotiate the terms of transfer	36896
with any other school district whose territory would be affected	36897
by the transfer. Before the state board may approve any transfer	36898
of territory to a school district, except an urban school	36899
district, under this section, it must receive the following:	36900

(a) A resolution requesting approval of the transfer, passed	36901
by at least one of the school districts whose territory would be	36902
affected by the transfer;	36903

(b) Evidence determined to be sufficient by the state board	36904
to show that good faith negotiations have taken place or that the	36905
district requesting the transfer has made a good faith effort to	36906
hold such negotiations;	36907

(c) If any negotiations took place, a statement signed by all	36908
boards that participated in the negotiations, listing the terms	36909
agreed on and the points on which no agreement could be reached.	36910

(D) The state board of education shall adopt rules governing	36911
negotiations held by any school district except an urban school	36912
district pursuant to division (C)(2) of this section. The rules	36913
shall encourage the realization of the following goals:	36914

(1) A discussion by the negotiating districts of the present	36915
and future educational needs of the pupils in each district;	36916

(2) The educational, financial, and territorial stability of	36917
each district affected by the transfer;	36918

(3) The assurance of appropriate educational programs,	36919
services, and opportunities for all the pupils in each	36920
participating district, and adequate planning for the facilities	36921
needed to provide these programs, services, and opportunities.	36922

Districts involved in negotiations under such rules may agree	36923
to share revenues from the property included in the territory to	36924
be transferred, establish cooperative programs between the	36925
participating districts, and establish mechanisms for the	36926
settlement of any future boundary disputes.	36927

(E)(1) If territory annexed after September 24, 1986, is part	36928
of a school district that is a party to an annexation agreement	36929
with the urban school district serving the annexing city, the	36930
transfer of such territory shall be governed by the agreement. If	36931
the agreement does not specify how the territory is to be dealt	36932
with, the boards of education of the district in which the	36933
territory is located and the urban school district shall negotiate	36934
with regard to the transfer of the territory which shall be	36935
transferred to the urban school district unless, not later than	36936
ninety days after the effective date of municipal annexation, the	36937
boards of education of both districts, by resolution adopted by a	36938
majority of the members of each board, agree that the territory	36939
will not be transferred and so inform the state board of	36940
education.	36941

If territory is transferred under this division the transfer	36942
shall take effect on the first day of July occurring not sooner	36943
than ninety-one days after the effective date of the municipal	36944
annexation. Territory transferred under this division need not be	36945
contiguous to the district to which it is transferred.	36946

(2) Territory annexed prior to September 24, 1986, by a city	36947
served by an urban school district shall not be subject to	36948
transfer under this section if the district in which the territory	36949
is located is a party to an annexation agreement or becomes a	36950
party to such an agreement not later than ninety days after	36951
September 24, 1986. If the district does not become a party to an	36952
annexation agreement within the ninety-day period, transfer of	36953
territory shall be governed by division (C)(2) of this section. If	36954
the district subsequently becomes a party to an agreement,	36955
territory annexed prior to September 24, 1986, other than	36956
territory annexed under division (C)(2) of this section prior to	36957
the effective date of the agreement, shall not be subject to	36958
transfer under this section.	36959

(F) An urban school district may enter into a comprehensive	36960
agreement with one or more school districts under which transfers	36961
of territory annexed by the city served by the urban school	36962
district after September 24, 1986, shall be governed by the	36963
agreement. Such agreement must provide for the establishment of a	36964
cooperative education program under section 3313.842 of the	36965
Revised Code in which all the parties to the agreement are	36966
participants and must be approved by resolution of the majority of	36967
the members of each of the boards of education of the school	36968
districts that are parties to it. An agreement may provide for	36969
interdistrict payments based on local revenue growth resulting	36970
from development in any territory annexed by the city served by	36971
the urban school district.	36972

An agreement entered into under this division may be altered,	36973
modified, or terminated only by agreement, by resolution approved	36974
by the majority of the members of each board of education, of all	36975
school districts that are parties to the agreement, except that	36976
with regard to any provision that affects only the urban school	36977
district and one of the other districts that is a party, that	36978
district and the urban district may modify or alter the agreement	36979
by resolution approved by the majority of the members of the board	36980
of that district and the urban district. Alterations,	36981
modifications, terminations, and extensions of an agreement	36982
entered into under this division do not require approval of the	36983
state board of education, but shall be filed with the board after	36984
approval and execution by the parties.	36985

If an agreement provides for interdistrict payments, each	36986
party to the agreement, except any school district specifically	36987
exempted by the agreement, shall agree to make an annual payment	36988
to the urban school district with respect to any of its territory	36989
that is annexed territory in an amount not to exceed the amount	36990
certified for that year under former section 3317.029 of the	36991
Revised Code as that section existed prior to July 1, 1998; except	36992
that such limitation of annual payments to amounts certified under	36993
former section 3317.029 of the Revised Code does not apply to	36994
agreements or extensions of agreements entered into on or after	36995
June 1, 1992, unless such limitation is expressly agreed to by the	36996
parties. The agreement may provide that all or any part of the	36997
payment shall be waived if the urban school district receives its	36998
payment with respect to such annexed territory under former	36999
section 3317.029 of the Revised Code and that all or any part of	37000
such payment may be waived if the urban school district does not	37001
receive its payment with respect to such annexed territory under	37002
such section.	37003

With respect to territory that is transferred to the urban	37004
school district after September 24, 1986, the agreement may	37005
provide for annual payments by the urban school district to the	37006
school district whose territory is transferred to the urban school	37007
district subsequent to annexation by the city served by the urban	37008
school district.	37009

(G) In the event territory is transferred from one school	37010
district to another under this section, an equitable division of	37011
the funds and indebtedness between the districts involved shall be	37012
made under the supervision of the state board of education and	37013
that board's decision shall be final. Such division shall not	37014
include funds payable to or received by a school district under	37015
Chapter ~~3306. or~~ 3317. of the Revised Code or payable to or	37016
received by a school district from the United States or any	37017
department or agency thereof. In the event such transferred	37018
territory includes real property owned by a school district, the	37019
state board of education, as part of such division of funds and	37020
indebtedness, shall determine the true value in money of such real	37021
property and all buildings or other improvements thereon. The	37022
board of education of the school district receiving such territory	37023
shall forthwith pay to the board of education of the school	37024
district losing such territory such true value in money of such	37025
real property, buildings, and improvements less such percentage of	37026
the true value in money of each school building located on such	37027
real property as is represented by the ratio of the total	37028
enrollment in day classes of the pupils residing in the territory	37029
transferred enrolled at such school building in the school year in	37030
which such annexation proceedings were commenced to the total	37031
enrollment in day classes of all pupils residing in the school	37032
district losing such territory enrolled at such school building in	37033
such school year. The school district receiving such payment shall	37034
place the proceeds thereof in its sinking fund or bond retirement	37035
fund.	37036

(H) The state board of education, before approving such	37037
transfer of territory, shall determine that such payment has been	37038
made and shall apportion to the acquiring school district such	37039
percentage of the indebtedness of the school district losing the	37040
territory as is represented by the ratio that the assessed	37041
valuation of the territory transferred bears to the total assessed	37042
valuation of the entire school district losing the territory as of	37043
the effective date of the transfer, provided that in ascertaining	37044
the indebtedness of the school district losing the territory the	37045
state board of education shall disregard such percentage of the	37046
par value of the outstanding and unpaid bonds and notes of said	37047
school district issued for construction or improvement of the	37048
school building or buildings for which payment was made by the	37049
acquiring district as is equal to the percentage by which the true	37050
value in money of such building or buildings was reduced in fixing	37051
the amount of said payment.	37052

(I) No transfer of school district territory or division of	37053
funds and indebtedness incident thereto, pursuant to the	37054
annexation of territory to a city or village shall be completed in	37055
any other manner than that prescribed by this section regardless	37056
of the date of the commencement of such annexation proceedings,	37057
and this section applies to all proceedings for such transfers and	37058
divisions of funds and indebtedness pending or commenced on or	37059
after October 2, 1959.	37060

Sec. 3311.19. (A) The management and control of a joint	37061
vocational school district shall be vested in the joint vocational	37062
school district board of education. Where a joint vocational	37063
school district is composed only of two or more local school	37064
districts located in one county, or when all the participating	37065
districts are in one county and the boards of such participating	37066
districts so choose, the educational service center governing	37067
board of the county in which the joint vocational school district	37068
is located shall serve as the joint vocational school district	37069
board of education. Where a joint vocational school district is	37070
composed of local school districts of more than one county, or of	37071
any combination of city, local, or exempted village school	37072
districts or educational service centers, unless administration by	37073
the educational service center governing board has been chosen by	37074
all the participating districts in one county pursuant to this	37075
section, the board of education of the joint vocational school	37076
district shall be composed of one or more persons who are members	37077
of the boards of education from each of the city or exempted	37078
village school districts or members of the educational service	37079
centers' governing boards affected to be appointed by the boards	37080
of education or governing boards of such school districts and	37081
educational service centers. In such joint vocational school	37082
districts the number and terms of members of the joint vocational	37083
school district board of education and the allocation of a given	37084
number of members to each of the city and exempted village	37085
districts and educational service centers shall be determined in	37086
the plan for such district, provided that each such joint	37087
vocational school district board of education shall be composed of	37088
an odd number of members.	37089

(B) Notwithstanding division (A) of this section, a governing	37090
board of an educational service center that has members of its	37091
governing board serving on a joint vocational school district	37092
board of education may make a request to the joint vocational	37093
district board that the joint vocational school district plan be	37094
revised to provide for one or more members of boards of education	37095
of local school districts that are within the territory of the	37096
educational service district and within the joint vocational	37097
school district to serve in the place of or in addition to its	37098
educational service center governing board members. If agreement	37099
is obtained among a majority of the boards of education and	37100
governing boards that have a member serving on the joint	37101
vocational school district board of education and among a majority	37102
of the local school district boards of education included in the	37103
district and located within the territory of the educational	37104
service center whose board requests the substitution or addition,	37105
the state board of education may revise the joint vocational	37106
school district plan to conform with such agreement.	37107

(C) If the board of education of any school district or	37108
educational service center governing board included within a joint	37109
vocational district that has had its board or governing board	37110
membership revised under division (B) of this section requests the	37111
joint vocational school district board to submit to the state	37112
board of education a revised plan under which one or more joint	37113
vocational board members chosen in accordance with a plan revised	37114
under such division would again be chosen in the manner prescribed	37115
by division (A) of this section, the joint vocational board shall	37116
submit the revised plan to the state board of education, provided	37117
the plan is agreed to by a majority of the boards of education	37118
represented on the joint vocational board, a majority of the local	37119
school district boards included within the joint vocational	37120
district, and each educational service center governing board	37121
affected by such plan. The state board of education may revise the	37122
joint vocational school district plan to conform with the revised	37123
plan.	37124

(D) The vocational schools in such joint vocational school	37125
district shall be available to all youth of school age within the	37126
joint vocational school district subject to the rules adopted by	37127
the joint vocational school district board of education in regard	37128
to the standards requisite to admission. A joint vocational school	37129
district board of education shall have the same powers, duties,	37130
and authority for the management and operation of such joint	37131
vocational school district as is granted by law, except by this	37132
chapter and Chapters 124., ~~3306.,~~ 3317., 3323., and 3331. of the	37133
Revised Code, to a board of education of a city school district,	37134
and shall be subject to all the provisions of law that apply to a	37135
city school district, except such provisions in this chapter and	37136
Chapters 124., ~~3306.,~~ 3317., 3323., and 3331. of the Revised Code.	37137

(E) Where a governing board of an educational service center	37138
has been designated to serve as the joint vocational school	37139
district board of education, the educational service center	37140
superintendent shall be the executive officer for the joint	37141
vocational school district, and the governing board may provide	37142
for additional compensation to be paid to the educational service	37143
center superintendent by the joint vocational school district, but	37144
the educational service center superintendent shall have no	37145
continuing tenure other than that of educational service center	37146
superintendent. The superintendent of schools of a joint	37147
vocational school district shall exercise the duties and authority	37148
vested by law in a superintendent of schools pertaining to the	37149
operation of a school district and the employment and supervision	37150
of its personnel. The joint vocational school district board of	37151
education shall appoint a treasurer of the joint vocational school	37152
district who shall be the fiscal officer for such district and who	37153
shall have all the powers, duties, and authority vested by law in	37154
a treasurer of a board of education. Where a governing board of an	37155
educational service center has been designated to serve as the	37156
joint vocational school district board of education, such board	37157
may appoint the educational service center superintendent as the	37158
treasurer of the joint vocational school district.	37159

(F) Each member of a joint vocational school district board	37160
of education may be paid such compensation as the board provides	37161
by resolution, but it shall not exceed one hundred twenty-five	37162
dollars per member for each meeting attended plus mileage, at the	37163
rate per mile provided by resolution of the board, to and from	37164
meetings of the board.	37165

The board may provide by resolution for the deduction of	37166
amounts payable for benefits under section 3313.202 of the Revised	37167
Code.	37168

Each member of a joint vocational school district board may	37169
be paid such compensation as the board provides by resolution for	37170
attendance at an approved training program, provided that such	37171
compensation shall not exceed sixty dollars per day for attendance	37172
at a training program three hours or fewer in length and one	37173
hundred twenty-five dollars a day for attendance at a training	37174
program longer than three hours in length. However, no board	37175
member shall be compensated for the same training program under	37176
this section and section 3313.12 of the Revised Code.	37177

Sec. 3311.21. (A) In addition to the resolutions authorized	37178
by sections 5705.194, 5705.199, 5705.21, 5705.212, and 5705.213 of	37179
the Revised Code, the board of education of a joint vocational or	37180
cooperative education school district by a vote of two-thirds of	37181
its full membership may at any time adopt a resolution declaring	37182
the necessity to levy a tax in excess of the ten-mill limitation	37183
for a period not to exceed ten years to provide funds for any one	37184
or more of the following purposes, which may be stated in the	37185
following manner in such resolution, the ballot, and the notice of	37186
election: purchasing a site or enlargement thereof and for the	37187
erection and equipment of buildings; for the purpose of enlarging,	37188
improving, or rebuilding thereof; for the purpose of providing for	37189
the current expenses of the joint vocational or cooperative school	37190
district; or for a continuing period for the purpose of providing	37191
for the current expenses of the joint vocational or cooperative	37192
education school district. The resolution shall specify the amount	37193
of the proposed rate and, if a renewal, whether the levy is to	37194
renew all, or a portion of, the existing levy, and shall specify	37195
the first year in which the levy will be imposed. If the levy	37196
provides for but is not limited to current expenses, the	37197
resolution shall apportion the annual rate of the levy between	37198
current expenses and the other purpose or purposes. Such	37199
apportionment may but need not be the same for each year of the	37200
levy, but the respective portions of the rate actually levied each	37201
year for current expenses and the other purpose or purposes shall	37202
be limited by such apportionment. The portion of any such rate	37203
actually levied for current expenses of a joint vocational or	37204
cooperative education school district shall be used in applying	37205
~~division (A)(1) of section 3306.01 and~~ division (A) of section	37206
3317.01 of the Revised Code. The portion of any such rate not	37207
apportioned to the current expenses of a joint vocational or	37208
cooperative education school district shall be used in applying	37209
division (B) of this section. On the adoption of such resolution,	37210
the joint vocational or cooperative education school district	37211
board of education shall certify the resolution to the board of	37212
elections of the county containing the most populous portion of	37213
the district, which board shall receive resolutions for filing and	37214
send them to the boards of elections of each county in which	37215
territory of the district is located, furnish all ballots for the	37216
election as provided in section 3505.071 of the Revised Code, and	37217
prepare the election notice; and the board of elections of each	37218
county in which the territory of such district is located shall	37219
make the other necessary arrangements for the submission of the	37220
question to the electors of the joint vocational or cooperative	37221
education school district at the next primary or general election	37222
occurring not less than ninety days after the resolution was	37223
received from the joint vocational or cooperative education school	37224
district board of education, or at a special election to be held	37225
at a time designated by the district board of education consistent	37226
with the requirements of section 3501.01 of the Revised Code,	37227
which date shall not be earlier than ninety days after the	37228
adoption and certification of the resolution.	37229

The board of elections of the county or counties in which	37230
territory of the joint vocational or cooperative education school	37231
district is located shall cause to be published in one or more	37232
newspapers of general circulation in that district an	37233
advertisement of the proposed tax levy question together with a	37234
statement of the amount of the proposed levy once a week for two	37235
consecutive weeks, prior to the election at which the question is	37236
to appear on the ballot, and, if the board of elections operates	37237
and maintains a web site, the board also shall post a similar	37238
advertisement on its web site for thirty days prior to that	37239
election.	37240

If a majority of the electors voting on the question of	37241
levying such tax vote in favor of the levy, the joint vocational	37242
or cooperative education school district board of education shall	37243
annually make the levy within the district at the rate specified	37244
in the resolution and ballot or at any lesser rate, and the county	37245
auditor of each affected county shall annually place the levy on	37246
the tax list and duplicate of each school district in the county	37247
having territory in the joint vocational or cooperative education	37248
school district. The taxes realized from the levy shall be	37249
collected at the same time and in the same manner as other taxes	37250
on the duplicate, and the taxes, when collected, shall be paid to	37251
the treasurer of the joint vocational or cooperative education	37252
school district and deposited to a special fund, which shall be	37253
established by the joint vocational or cooperative education	37254
school district board of education for all revenue derived from	37255
any tax levied pursuant to this section and for the proceeds of	37256
anticipation notes which shall be deposited in such fund. After	37257
the approval of the levy, the joint vocational or cooperative	37258
education school district board of education may anticipate a	37259
fraction of the proceeds of the levy and from time to time, during	37260
the life of the levy, but in any year prior to the time when the	37261
tax collection from the levy so anticipated can be made for that	37262
year, issue anticipation notes in an amount not exceeding fifty	37263
per cent of the estimated proceeds of the levy to be collected in	37264
each year up to a period of five years after the date of the	37265
issuance of the notes, less an amount equal to the proceeds of the	37266
levy obligated for each year by the issuance of anticipation	37267
notes, provided that the total amount maturing in any one year	37268
shall not exceed fifty per cent of the anticipated proceeds of the	37269
levy for that year. Each issue of notes shall be sold as provided	37270
in Chapter 133. of the Revised Code, and shall, except for such	37271
limitation that the total amount of such notes maturing in any one	37272
year shall not exceed fifty per cent of the anticipated proceeds	37273
of the levy for that year, mature serially in substantially equal	37274
installments, during each year over a period not to exceed five	37275
years after their issuance.	37276

(B) Prior to the application of section 319.301 of the	37277
Revised Code, the rate of a levy that is limited to, or to the	37278
extent that it is apportioned to, purposes other than current	37279
expenses shall be reduced in the same proportion in which the	37280
district's total valuation increases during the life of the levy	37281
because of additions to such valuation that have resulted from	37282
improvements added to the tax list and duplicate.	37283

(C) The form of ballot cast at an election under division (A)	37284
of this section shall be as prescribed by section 5705.25 of the	37285
Revised Code.	37286

Sec. 3311.29. (A) Except as provided under division (B) or	37287
(C) of this section, no school district shall be created and no	37288
school district shall exist which does not maintain within such	37289
district public schools consisting of grades kindergarten through	37290
twelve and any such existing school district not maintaining such	37291
schools shall be dissolved and its territory joined with another	37292
school district or districts by order of the state board of	37293
education if no agreement is made among the surrounding districts	37294
voluntarily, which order shall provide an equitable division of	37295
the funds, property, and indebtedness of the dissolved school	37296
district among the districts receiving its territory. The state	37297
board of education may authorize exceptions to school districts	37298
where topography, sparsity of population, and other factors make	37299
compliance impracticable.	37300

The superintendent of public instruction is without authority	37301
to distribute funds under Chapter ~~3306. or~~ 3317. of the Revised	37302
Code to any school district that does not maintain schools with	37303
grades kindergarten through twelve and to which no exception has	37304
been granted by the state board of education.	37305

(B) Division (A) of this section does not apply to any joint	37306
vocational school district or any cooperative education school	37307
district established pursuant to divisions (A) to (C) of section	37308
3311.52 of the Revised Code.	37309

(C)(1)(a) Except as provided in division (C)(3) of this	37310
section, division (A) of this section does not apply to any	37311
cooperative education school district established pursuant to	37312
section 3311.521 of the Revised Code nor to the city, exempted	37313
village, or local school districts that have territory within such	37314
a cooperative education district.	37315

(b) The cooperative district and each city, exempted village,	37316
or local district with territory within the cooperative district	37317
shall maintain the grades that the resolution adopted or amended	37318
pursuant to section 3311.521 of the Revised Code specifies.	37319

(2) Any cooperative education school district described under	37320
division (C)(1) of this section that fails to maintain the grades	37321
it is specified to operate shall be dissolved by order of the	37322
state board of education unless prior to such an order the	37323
cooperative district is dissolved pursuant to section 3311.54 of	37324
the Revised Code. Any such order shall provide for the equitable	37325
adjustment, division, and disposition of the assets, property,	37326
debts, and obligations of the district among each city, local, and	37327
exempted village school district whose territory is in the	37328
cooperative district and shall provide that the tax duplicate of	37329
each city, local, and exempted village school district whose	37330
territory is in the cooperative district shall be bound for and	37331
assume its share of the outstanding indebtedness of the	37332
cooperative district.	37333

(3) If any city, exempted village, or local school district	37334
described under division (C)(1) of this section fails to maintain	37335
the grades it is specified to operate the cooperative district	37336
within which it has territory shall be dissolved in accordance	37337
with division (C)(2) of this section and upon that dissolution any	37338
city, exempted village, or local district failing to maintain	37339
grades kindergarten through twelve shall be subject to the	37340
provisions for dissolution in division (A) of this section.	37341

Sec. 3311.52. A cooperative education school district may be	37342
established pursuant to divisions (A) to (C) of this section or	37343
pursuant to section 3311.521 of the Revised Code.	37344

(A) A cooperative education school district may be	37345
established upon the adoption of identical resolutions within a	37346
sixty-day period by a majority of the members of the board of	37347
education of each city, local, and exempted village school	37348
district that is within the territory of a county school financing	37349
district.	37350

A copy of each resolution shall be filed with the governing	37351
board of the educational service center which created the county	37352
school financing district. Upon the filing of the last such	37353
resolution, the educational service center governing board shall	37354
immediately notify each board of education filing such a	37355
resolution of the date on which the last resolution was filed.	37356

Ten days after the date on which the last resolution is filed	37357
with the educational service center governing board or ten days	37358
after the last of any notices required under division (C) of this	37359
section is received by the educational service center governing	37360
board, whichever is later, the county school financing district	37361
shall be dissolved and the new cooperative education school	37362
district and the board of education of the cooperative education	37363
school district shall be established.	37364

On the date that any county school financing district is	37365
dissolved and a cooperative education school district is	37366
established under this section, each of the following shall apply:	37367

(1) The territory of the dissolved district becomes the	37368
territory of the new district.	37369

(2) Any outstanding tax levy in force in the dissolved	37370
district shall be spread over the territory of the new district	37371
and shall remain in force in the new district until the levy	37372
expires or is renewed.	37373

(3) Any funds of the dissolved district shall be paid over in	37374
full to the new district.	37375

(4) Any net indebtedness of the dissolved district shall be	37376
assumed in full by the new district. As used in division (A)(4) of	37377
this section, "net indebtedness" means the difference between the	37378
par value of the outstanding and unpaid bonds and notes of the	37379
dissolved district and the amount held in the sinking fund and	37380
other indebtedness retirement funds for their redemption.	37381

When a county school financing district is dissolved and a	37382
cooperative education school district is established under this	37383
section, the governing board of the educational service center	37384
that created the dissolved district shall give written notice of	37385
this fact to the county auditor and the board of elections of each	37386
county having any territory in the new district.	37387

(B) The resolutions adopted under division (A) of this	37388
section shall include all of the following provisions:	37389

(1) Provision that the governing board of the educational	37390
service center which created the county school financing district	37391
shall be the board of education of the cooperative education	37392
school district, except that provision may be made for the	37393
composition, selection, and terms of office of an alternative	37394
board of education of the cooperative district, which board shall	37395
include at least one member selected from or by the members of the	37396
board of education of each city, local, and exempted village	37397
school district and at least one member selected from or by the	37398
members of the educational service center governing board within	37399
the territory of the cooperative district;	37400

(2) Provision that the treasurer and superintendent of the	37401
educational service center which created the county school	37402
financing district shall be the treasurer and superintendent of	37403
the cooperative education school district, except that provision	37404
may be made for the selection of a treasurer or superintendent of	37405
the cooperative district other than the treasurer or	37406
superintendent of the educational service center, which provision	37407
shall require one of the following:	37408

(a) The selection of one person as both the treasurer and	37409
superintendent of the cooperative district, which provision may	37410
require such person to be the treasurer or superintendent of any	37411
city, local, or exempted village school district or educational	37412
service center within the territory of the cooperative district;	37413

(b) The selection of one person as the treasurer and another	37414
person as the superintendent of the cooperative district, which	37415
provision may require either one or both such persons to be	37416
treasurers or superintendents of any city, local, or exempted	37417
village school districts or educational service center within the	37418
territory of the cooperative district.	37419

(3) A statement of the educational program the board of	37420
education of the cooperative education school district will	37421
conduct, including but not necessarily limited to the type of	37422
educational program, the grade levels proposed for inclusion in	37423
the program, the timetable for commencing operation of the	37424
program, and the facilities proposed to be used or constructed to	37425
be used by the program;	37426

(4) A statement of the annual amount, or the method for	37427
determining that amount, of funds or services or facilities that	37428
each city, local, and exempted village school district within the	37429
territory of the cooperative district is required to pay to or	37430
provide for the use of the board of education of the cooperative	37431
education school district;	37432

(5) Provision for adopting amendments to the provisions of	37433
divisions (B)(2) to (4) of this section.	37434

(C) If the resolutions adopted under division (A) of this	37435
section provide for a board of education of the cooperative	37436
education school district that is not the governing board of the	37437
educational service center that created the county school	37438
financing district, each board of education of each city, local,	37439
or exempted village school district and the governing board of the	37440
educational service center within the territory of the cooperative	37441
district shall, within thirty days after the date on which the	37442
last resolution is filed with the educational service center	37443
governing board under division (A) of this section, select one or	37444
more members of the board of education of the cooperative district	37445
as provided in the resolutions filed with the educational service	37446
center governing board. Each such board shall immediately notify	37447
the educational service center governing board of each such	37448
selection.	37449

(D) Except for the powers and duties in this chapter and	37450
Chapters 124., ~~3306.,~~ 3317., 3318., 3323., and 3331. of the	37451
Revised Code, a cooperative education school district established	37452
pursuant to divisions (A) to (C) of this section or pursuant to	37453
section 3311.521 of the Revised Code has all the powers of a city	37454
school district and its board of education has all the powers and	37455
duties of a board of education of a city school district with	37456
respect to the educational program specified in the resolutions	37457
adopted under division (A) of this section. All laws applicable to	37458
a city school district or the board of education or the members of	37459
the board of education of a city school district, except such laws	37460
in this chapter and Chapters 124., ~~3306.,~~ 3317., 3318., 3323., and	37461
3331. of the Revised Code, are applicable to a cooperative	37462
education school district and its board.	37463

The treasurer and superintendent of a cooperative education	37464
school district shall have the same respective duties and powers	37465
as a treasurer and superintendent of a city school district,	37466
except for any powers and duties in this chapter and Chapters	37467
124., ~~3306.,~~ 3317., 3318., 3323., and 3331. of the Revised Code.	37468

(E) For purposes of this title, any student included in the	37469
formula ADM certified for any city, exempted village, or local	37470
school district under section 3317.03 of the Revised Code by	37471
virtue of being counted, in whole or in part, in the average daily	37472
membership of a cooperative education school district under	37473
division (A)(2)(f) of that section shall be construed to be	37474
enrolled both in that city, exempted village, or local school	37475
district and in that cooperative education school district. This	37476
division shall not be construed to mean that any such individual	37477
student may be counted more than once for purposes of determining	37478
the average daily membership of any one school district.	37479

Sec. 3311.76. (A) Notwithstanding Chapters 3302.~~, 3306.,~~ and	37480
3317. of the Revised Code, upon written request of the district	37481
chief executive officer the state superintendent of public	37482
instruction may exempt a municipal school district from any rules	37483
adopted under Title XXXIII of the Revised Code except for any rule	37484
adopted under Chapter 3307. or 3309., sections 3319.07 to 3319.21,	37485
or Chapter 3323. of the Revised Code, and may authorize a	37486
municipal school district to apply funds allocated to the district	37487
under ~~Chapters 3306. and~~Chapter 3317. of the Revised Code, except	37488
those specifically allocated to purposes other than current	37489
expenses, to the payment of debt charges on the district's public	37490
obligations. The request must specify the provisions from which	37491
the district is seeking exemption or the application requested and	37492
the reasons for the request. The state superintendent shall	37493
approve the request if the superintendent finds the requested	37494
exemption or application is in the best interest of the district's	37495
students. The superintendent shall approve or disapprove the	37496
request within thirty days and shall notify the district board and	37497
the district chief executive officer of approval or reasons for	37498
disapproving the request.	37499

(B) In addition to the rights, authority, and duties	37500
conferred upon a municipal school district and its board of	37501
education in sections 3311.71 to 3311.76 of the Revised Code, a	37502
municipal school district and its board shall have all of the	37503
rights, authority, and duties conferred upon a city school	37504
district and its board by law that are not inconsistent with	37505
sections 3311.71 to 3311.76 of the Revised Code.	37506

Sec. 3313.29. The treasurer of each board of education shall	37507
keep an account of all school funds of the district. The treasurer	37508
shall receive all vouchers for payments and disbursements made to	37509
and by the board and preserve such vouchers for a period of ten	37510
years unless copied or reproduced according to the procedure	37511
prescribed in section 9.01 of the Revised Code. Thereafter, such	37512
vouchers may be destroyed by the treasurer upon applying to and	37513
obtaining an order from the school district records commission in	37514
the manner prescribed by section 149.41 of the Revised Code,	37515
except that it shall not be necessary to copy or reproduce such	37516
vouchers before their destruction. The treasurer shall render a	37517
statement to the board and to the superintendent of the school	37518
district, monthly, or more often if required, showing the revenues	37519
and receipts from whatever sources derived, the various	37520
appropriations made by the board, the expenditures and	37521
disbursements therefrom, the purposes thereof, the balances	37522
remaining in each appropriation, and the assets and liabilities of	37523
the school district. At the end of the fiscal year such statement	37524
shall be a complete exhibit of the financial affairs of the school	37525
district which may be published and distributed with the approval	37526
of the board. All monthly and yearly statements as required in	37527
this section shall be available for examination by the public.	37528

On request of the principal or other chief administrator of	37529
any nonpublic school located within the school district's	37530
territory, the treasurer shall provide such principal or	37531
administrator with an account of the moneys received by the	37532
district under division ~~(I)~~(E) of section 3317.024 of the Revised	37533
Code as reported to the district's board in the treasurer's most	37534
recent monthly statement.	37535

Sec. 3313.372. (A) As used in this section, "energy	37536
conservation measure" means an installation or modification of an	37537
installation in, or remodeling of, a building, to reduce energy	37538
consumption. It includes:	37539

(1) Insulation of the building structure and systems within	37540
the building;	37541

(2) Storm windows and doors, multiglazed windows and doors,	37542
heat absorbing or heat reflective glazed and coated window and	37543
door systems, additional glazing, reductions in glass area, and	37544
other window and door system modifications that reduce energy	37545
consumption;	37546

(3) Automatic energy control systems;

37547

(4) Heating, ventilating, or air conditioning system	37548
modifications or replacements;	37549

(5) Caulking and weatherstripping;

37550

(6) Replacement or modification of lighting fixtures to	37551
increase the energy efficiency of the system without increasing	37552
the overall illumination of a facility, unless such increase in	37553
illumination is necessary to conform to the applicable state or	37554
local building code for the proposed lighting system;	37555

(7) Energy recovery systems;

37556

(8) Cogeneration systems that produce steam or forms of	37557
energy such as heat, as well as electricity, for use primarily	37558
within a building or complex of buildings;	37559

(9) Any other modification, installation, or remodeling	37560
approved by the Ohio school facilities commission as an energy	37561
conservation measure.	37562

(B) A board of education of a city, exempted village, local,	37563
or joint vocational school district may enter into an installment	37564
payment contract for the purchase and installation of energy	37565
conservation measures. The provisions of such installment payment	37566
contracts dealing with interest charges and financing terms shall	37567
not be subject to the competitive bidding requirements of section	37568
3313.46 of the Revised Code, and shall be on the following terms:	37569

(1) Not less than one-fifteenth of the costs thereof shall be	37570
paid within two years from the date of purchase.	37571

(2) The remaining balance of the costs thereof shall be paid	37572
within fifteen years from the date of purchase.	37573

An installment payment contract entered into by a board of	37574
education under this section shall require the board to contract	37575
in accordance with division (A) of section 3313.46 of the Revised	37576
Code for the installation, modification, or remodeling of energy	37577
conservation measures unless division (A) of section 3313.46 of	37578
the Revised Code does not apply pursuant to division (B)(3) of	37579
that section.	37580

(C) The board may issue the notes of the school district	37581
signed by the president and the treasurer of the board and	37582
specifying the terms of the purchase and securing the deferred	37583
payments provided in this section, payable at the times provided	37584
and bearing interest at a rate not exceeding the rate determined	37585
as provided in section 9.95 of the Revised Code. The notes may	37586
contain an option for prepayment and shall not be subject to	37587
Chapter 133. of the Revised Code. In the resolution authorizing	37588
the notes, the board may provide, without the vote of the electors	37589
of the district, for annually levying and collecting taxes in	37590
amounts sufficient to pay the interest on and retire the notes,	37591
except that the total net indebtedness of the district without a	37592
vote of the electors incurred under this and all other sections of	37593
the Revised Code, except section 3318.052 of the Revised Code,	37594
shall not exceed one per cent of the district's tax valuation.	37595
Revenues derived from local taxes or otherwise, for the purpose of	37596
conserving energy or for defraying the current operating expenses	37597
of the district, may be applied to the payment of interest and the	37598
retirement of such notes. The notes may be sold at private sale or	37599
given to the contractor under the installment payment contract	37600
authorized by division (B) of this section.	37601

(D) Debt incurred under this section shall not be included in	37602
the calculation of the net indebtedness of a school district under	37603
section 133.06 of the Revised Code.	37604

(E) No school district board shall enter into an installment	37605
payment contract under division (B) of this section unless it	37606
first obtains a report of the costs of the energy conservation	37607
measures and the savings thereof as described under division (G)	37608
of section 133.06 of the Revised Code as a requirement for issuing	37609
energy securities, makes a finding that the amount spent on such	37610
measures is not likely to exceed the amount of money it would save	37611
in energy costs and resultant operational and maintenance costs as	37612
described in that division, except that that finding shall cover	37613
the ensuing fifteen years, and the Ohio school facilities	37614
commission determines that the district board's findings are	37615
reasonable and approves the contract as described in that	37616
division.	37617

The district board shall monitor the savings and maintain a	37618
report of those savings, which shall be ~~available~~submitted to the	37619
commission in the same manner as required by division (G) of	37620
section 133.06 of the Revised Code in the case of energy	37621
securities.	37622

Sec. 3313.41. (A) Except as provided in divisions (C), (D),	37623
(F), and (G) of this section, when a board of education decides to	37624
dispose of real or personal property that it owns in its corporate	37625
capacity and that exceeds in value ten thousand dollars, it shall	37626
sell the property at public auction, after giving at least thirty	37627
days' notice of the auction by publication in a newspaper of	37628
general circulation or by posting notices in five of the most	37629
public places in the school district in which the property, if it	37630
is real property, is situated, or, if it is personal property, in	37631
the school district of the board of education that owns the	37632
property. The board may offer real property for sale as an entire	37633
tract or in parcels.	37634

(B) When the board of education has offered real or personal	37635
property for sale at public auction at least once pursuant to	37636
division (A) of this section, and the property has not been sold,	37637
the board may sell it at a private sale. Regardless of how it was	37638
offered at public auction, at a private sale, the board shall, as	37639
it considers best, sell real property as an entire tract or in	37640
parcels, and personal property in a single lot or in several lots.	37641

(C) If a board of education decides to dispose of real or	37642
personal property that it owns in its corporate capacity and that	37643
exceeds in value ten thousand dollars, it may sell the property to	37644
the adjutant general; to any subdivision or taxing authority as	37645
respectively defined in divisions (A) and (C) of section 5705.01	37646
of the Revised Code, township park district, board of park	37647
commissioners established under Chapter 755. of the Revised Code,	37648
or park district established under Chapter 1545. of the Revised	37649
Code; to a wholly or partially tax-supported university,	37650
university branch, or college; or to the board of trustees of a	37651
school district library, upon such terms as are agreed upon. The	37652
sale of real or personal property to the board of trustees of a	37653
school district library is limited, in the case of real property,	37654
to a school district library within whose boundaries the real	37655
property is situated, or, in the case of personal property, to a	37656
school district library whose boundaries lie in whole or in part	37657
within the school district of the selling board of education.	37658

(D) When a board of education decides to trade as a part or	37659
an entire consideration, an item of personal property on the	37660
purchase price of an item of similar personal property, it may	37661
trade the same upon such terms as are agreed upon by the parties	37662
to the trade.	37663

(E) The president and the treasurer of the board of education	37664
shall execute and deliver deeds or other necessary instruments of	37665
conveyance to complete any sale or trade under this section.	37666

(F) When a board of education has identified a parcel of real	37667
property that it determines is needed for school purposes, the	37668
board may, upon a majority vote of the members of the board,	37669
acquire that property by exchanging real property that the board	37670
owns in its corporate capacity for the identified real property or	37671
by using real property that the board owns in its corporate	37672
capacity as part or an entire consideration for the purchase price	37673
of the identified real property. Any exchange or acquisition made	37674
pursuant to this division shall be made by a conveyance executed	37675
by the president and the treasurer of the board.	37676

(G)(1) When a school district board of education decides to	37677
dispose of real property suitable for use as classroom space,	37678
prior to disposing of that property under divisions (A) to (F) of	37679
this section, it shall first offer that property for sale toby	37680
public auction as described in division (A) of this section. Only	37681
the governing authorities of ~~the start-up~~ community schools	37682
established under Chapter 3314. of the Revised Code ~~located within~~	37683
~~the territory of the school district, at a price that is not~~	37684
~~higher than the appraised fair market value of that property. If~~	37685
~~more than one community school governing authority accepts the~~	37686
~~offer made by the school district board, the board shall sell the~~	37687
~~property to the governing authority that accepted the offer first~~	37688
~~in time~~, operators of community schools, and any persons or	37689
entities that have entered into a lease agreement with a governing	37690
authority or operator of a community school shall be eligible to	37691
bid at the auction. If no community school governing authority	37692
~~accepts the offer within sixty days after the offer is made by the~~	37693
~~school district board~~, operator, or lessor or leasing entity	37694
offers a bid to purchase the property, the board may dispose of	37695
the property in the applicable manner prescribed under divisions	37696
(A) to (F) of this section.	37697

(2) When a school district board of education has not used	37698
real property ~~suitable for classroom space for academic~~	37699
~~instruction, administration, storage, or any other educational~~	37700
~~purpose~~ for one full school year ~~and has not adopted a resolution~~	37701
~~outlining a plan for using that property for any of those purposes~~	37702
~~within the next three school years~~, it immediately shall offer	37703
that property for sale toby public auction as described in	37704
division (A) of this section. Only the governing authorities of	37705
~~the start-up~~ community schools established under Chapter 3314. of	37706
the Revised Code ~~located within the territory of the school~~	37707
~~district, at a price that is not higher than the appraised fair~~	37708
~~market value of that property. If more than one community school~~	37709
~~governing authority accepts the offer made by the school district~~	37710
~~board, the board shall sell the property to the governing~~	37711
~~authority that accepted the offer first in time~~, operators of	37712
community schools, and any persons or entities that have entered	37713
into a lease agreement with a governing authority or operator of a	37714
community school shall be eligible to bid at the auction. If no	37715
governing authority, operator, or lessor or leasing entity offers	37716
a bid to purchase property, the board may dispose of property in	37717
the applicable manner under divisions (A) to (F) of this section.	37718

(H) When a school district board of education has property	37719
that the board, by resolution, finds is not needed for school	37720
district use, is obsolete, or is unfit for the use for which it	37721
was acquired, the board may donate that property in accordance	37722
with this division if the fair market value of the property is, in	37723
the opinion of the board, two thousand five hundred dollars or	37724
less.	37725

The board shall first offer the property to the governing	37726
authorities and operators of community schools established under	37727
Chapter 3314. of the Revised Code located within the territory of	37728
the school district. If no community school governing authority or	37729
operator accepts the donation, the property may be donated to an	37730
eligible nonprofit organization that is located in this state and	37731
is exempt from federal income taxation pursuant to 26 U.S.C.	37732
501(a) and (c)(3). Before donating any property under this	37733
division, the board shall adopt a resolution expressing its intent	37734
to make unneeded, obsolete, or unfit-for-use school district	37735
property available to these organizations. The resolution shall	37736
include guidelines and procedures the board considers to be	37737
necessary to implement the donation program and shall indicate	37738
whether the school district will conduct the donation program or	37739
the board will contract with a representative to conduct it. If a	37740
representative is known when the resolution is adopted, the	37741
resolution shall provide contact information such as the	37742
representative's name, address, and telephone number.	37743

The resolution shall include within its procedures a	37744
requirement that any nonprofit organization desiring to obtain	37745
donated property under this division shall submit a written notice	37746
to the board or its representative. The written notice shall	37747
include evidence that the organization is a nonprofit organization	37748
that is located in this state and is exempt from federal income	37749
taxation pursuant to 26 U.S.C. 501(a) and (c)(3); a description of	37750
the organization's primary purpose; a description of the type or	37751
types of property the organization needs; and the name, address,	37752
and telephone number of a person designated by the organization's	37753
governing board to receive donated property and to serve as its	37754
agent.	37755

After adoption of the resolution, the board shall publish, in	37756
a newspaper of general circulation in the school district, notice	37757
of its intent to donate unneeded, obsolete, or unfit-for-use	37758
school district property to eligible nonprofit organizations. The	37759
notice shall include a summary of the information provided in the	37760
resolution and shall be published at least twice. The second and	37761
any subsequent notice shall be published not less than ten nor	37762
more than twenty days after the previous notice. A similar notice	37763
also shall be posted continually in the board's office, and, if	37764
the school district maintains a web site on the internet, the	37765
notice shall be posted continually at that web site.	37766

The board or its representatives shall maintain a list of all	37767
nonprofit organizations that notify the board or its	37768
representative of their desire to obtain donated property under	37769
this division and that the board or its representative determines	37770
to be eligible, in accordance with the requirements set forth in	37771
this section and in the donation program's guidelines and	37772
procedures, to receive donated property.	37773

The board or its representative also shall maintain a list of	37774
all school district property the board finds to be unneeded,	37775
obsolete, or unfit for use and to be available for donation under	37776
this division. The list shall be posted continually in a	37777
conspicuous location in the board's office, and, if the school	37778
district maintains a web site on the internet, the list shall be	37779
posted continually at that web site. An item of property on the	37780
list shall be donated to the eligible nonprofit organization that	37781
first declares to the board or its representative its desire to	37782
obtain the item unless the board previously has established, by	37783
resolution, a list of eligible nonprofit organizations that shall	37784
be given priority with respect to the item's donation. Priority	37785
may be given on the basis that the purposes of a nonprofit	37786
organization have a direct relationship to specific school	37787
district purposes of programs provided or administered by the	37788
board. A resolution giving priority to certain nonprofit	37789
organizations with respect to the donation of an item of property	37790
shall specify the reasons why the organizations are given that	37791
priority.	37792

Members of the board shall consult with the Ohio ethics	37793
commission, and comply with Chapters 102. and 2921. of the Revised	37794
Code, with respect to any donation under this division to a	37795
nonprofit organization of which a board member, any member of a	37796
board member's family, or any business associate of a board member	37797
is a trustee, officer, board member, or employee.	37798

Any community school, or its governing authority or operator,	37799
or person or entity that has entered into a lease agreement with a	37800
governing authority or operator of a community school may bring	37801
civil action in the court of common pleas for the county in which	37802
the subject real property is located to enforce the provisions of	37803
division (G) or (H) of this section.	37804

Sec. 3313.411. (A) On or after the effective date of this	37805
section, when a school district board of education decides to	37806
lease to another entity, on a basis of not less than one school	37807
year at a time, real property that it owns in its corporate	37808
capacity and that is suitable for use as classroom space or for	37809
other educational purposes, the board shall first offer to lease	37810
that property to the governing authorities of the community	37811
schools, established under Chapter 3314. of the Revised Code,	37812
located within the territory of the school district. The lease	37813
price offered by the district board shall not be higher than the	37814
fair market value for such a leasehold. If more than one community	37815
school governing authority accepts the offer to lease that	37816
property, the district board shall lease the property to the	37817
governing authority that accepted the offer first in time, except	37818
that any conversion community school sponsored by the school	37819
district shall have highest priority for the leasehold. If no	37820
community school governing authority accepts the offer to lease	37821
the property within sixty days after the offer is made, the	37822
district board may offer the property for lease to any other	37823
entity.	37824

(B) Notwithstanding division (A) of this section, a school	37825
district board may renew any agreement it originally entered into	37826
prior to the effective date of this section to lease real property	37827
to an entity other than a community school. Nothing in this	37828
section shall affect the leasehold arrangements between the	37829
district board and that other entity.	37830

Sec. 3313.46. (A) In addition to any other law governing the	37831
bidding for contracts by the board of education of any school	37832
district, when any such board determines to build, repair,	37833
enlarge, improve, or demolish any school building, the cost of	37834
which will exceed twenty-five thousand dollars, except in cases of	37835
urgent necessity, or for the security and protection of school	37836
property, and except as otherwise provided in division (D) of	37837
section 713.23 and in section 125.04 of the Revised Code, all of	37838
the following shall apply:	37839

(1) The board shall cause to be prepared the plans,	37840
specifications, and related information as required in divisions	37841
(A)~~, (B)~~(1), (2), and ~~(D)~~(3) of section 153.01 of the Revised Code	37842
unless the board determines that other information is sufficient	37843
to inform any bidders of the board's requirements. However, if the	37844
board determines that such other information is sufficient for	37845
bidding a project, the board shall not engage in the construction	37846
of any such project involving the practice of professional	37847
engineering, professional surveying, or architecture, for which	37848
plans, specifications, and estimates have not been made by, and	37849
the construction thereof inspected by, a licensed professional	37850
engineer, licensed professional surveyor, or registered architect.	37851

(2) The board shall advertise for bids once each week for a	37852
period of not less than two consecutive weeks in a newspaper of	37853
general circulation in the district before the date specified by	37854
the board for receiving bids. The board may also cause notice to	37855
be inserted in trade papers or other publications designated by it	37856
or to be distributed by electronic means, including posting the	37857
notice on the board's internet web site. If the board posts the	37858
notice on its web site, it may eliminate the second notice	37859
otherwise required to be published in a newspaper of general	37860
circulation within the school district, provided that the first	37861
notice published in such newspaper meets all of the following	37862
requirements:	37863

(a) It is published at least two weeks before the opening of	37864
bids.	37865

(b) It includes a statement that the notice is posted on the	37866
board of education's internet web site.	37867

(c) It includes the internet address of the board's internet	37868
web site.	37869

(d) It includes instructions describing how the notice may be	37870
accessed on the board's internet web site.	37871

(3) Unless the board extends the time for the opening of bids	37872
they shall be opened at the time and place specified by the board	37873
in the advertisement for the bids.	37874

(4) Each bid shall contain the name of every person	37875
interested therein. Each bid shall meet the requirements of	37876
section 153.54 of the Revised Code.	37877

(5) When both labor and materials are embraced in the work	37878
bid for, the board may require that each be separately stated in	37879
the bid, with the price thereof, or may require that bids be	37880
submitted without such separation.	37881

(6) None but the lowest responsible bid shall be accepted.	37882
The board may reject all the bids, or accept any bid for both	37883
labor and material for such improvement or repair, which is the	37884
lowest in the aggregate. In all other respects, the award of	37885
contracts for improvement or repair, but not for purchases made	37886
under section 3327.08 of the Revised Code, shall be pursuant to	37887
section 153.12 of the Revised Code.	37888

(7) The contract shall be between the board and the bidders.	37889
The board shall pay the contract price for the work pursuant to	37890
sections 153.13 and 153.14 of the Revised Code. The board shall	37891
approve and retain the estimates referred to in section 153.13 of	37892
the Revised Code and make them available to the auditor of state	37893
upon request.	37894

(8) When two or more bids are equal, in the whole, or in any	37895
part thereof, and are lower than any others, either may be	37896
accepted, but in no case shall the work be divided between such	37897
bidders.	37898

(9) When there is reason to believe there is collusion or	37899
combination among the bidders, or any number of them, the bids of	37900
those concerned therein shall be rejected.	37901

(B) Division (A) of this section does not apply to the board	37902
of education of any school district in any of the following	37903
situations:	37904

(1) The acquisition of educational materials used in	37905
teaching.	37906

(2) If the board determines and declares by resolution	37907
adopted by two-thirds of all its members that any item is	37908
available and can be acquired only from a single source.	37909

(3) If the board declares by resolution adopted by two-thirds	37910
of all its members that division (A) of this section does not	37911
apply to any installation, modification, or remodeling involved in	37912
any energy conservation measure undertaken through an installment	37913
payment contract under section 3313.372 of the Revised Code or	37914
undertaken pursuant to division (G) of section 133.06 of the	37915
Revised Code.	37916

(4) The acquisition of computer software for instructional	37917
purposes and computer hardware for instructional purposes pursuant	37918
to division (B)(4) of section 3313.37 of the Revised Code.	37919

(C) No resolution adopted pursuant to division (B)(2) or (3)	37920
of this section shall have any effect on whether sections 153.12	37921
to 153.14 and 153.54 of the Revised Code apply to the board of	37922
education of any school district with regard to any item.	37923

~~Sec. 3314.20.~~ Sec. 3313.473. This section does not apply to any	37924
school district declared to be excellent or effective pursuant to	37925
division (B)(1) or (2) of section 3302.03 of the Revised Code.	37926

(A) The state board of education shall adopt rules requiring	37927
school districts with a total student count of over five thousand,	37928
as determined pursuant to section 3317.03 of the Revised Code, to	37929
designate one school building to be operated by a site-based	37930
management council. The rules shall specify the composition of the	37931
council and the manner in which members of the council are to be	37932
selected and removed.	37933

(B) The rules adopted under division (A) of this section	37934
shall specify those powers, duties, functions, and	37935
responsibilities that shall be vested in the management council	37936
and that would otherwise be exercised by the district board of	37937
education. The rules shall also establish a mechanism for	37938
resolving any differences between the council and the district	37939
board if there is disagreement as to their respective powers,	37940
duties, functions, and responsibilities.	37941

(C) The board of education of any school district described	37942
by division (A) of this section may, in lieu of complying with the	37943
rules adopted under this section, file with the department of	37944
education an alternative structure for a district site-based	37945
management program in at least one of its school buildings. The	37946
proposal shall specify the composition of the council, which shall	37947
include an equal number of parents and teachers and the building	37948
principal, and the method of selection and removal of the council	37949
members. The proposal shall also clearly delineate the respective	37950
powers, duties, functions, and responsibilities of the district	37951
board and the council. The district's proposal shall comply	37952
substantially with the rules adopted under division (A) of this	37953
section.	37954

Sec. 3313.55. The board of education of any school district	37955
in which is located a state, district, county, or municipal	37956
hospital for children with epilepsy or any public institution,	37957
except state institutions for the care and treatment of	37958
delinquent, unstable, or socially maladjusted children, shall make	37959
provision for the education of all educable children therein;	37960
except that in the event another school district within the same	37961
county or an adjoining county is the source of sixty per cent or	37962
more of the children in said hospital or institution, the board of	37963
that school district shall make provision for the education of all	37964
the children therein. In any case in which a board provides	37965
educational facilities under this section, the board that provides	37966
the facilities shall be entitled to all moneys authorized for the	37967
attendance of pupils as provided in Chapter ~~3306. or~~ 3317. of the	37968
Revised Code, tuition as provided in section 3317.08 of the	37969
Revised Code, and such additional compensation as is provided for	37970
crippled children in sections 3323.01 to 3323.12 of the Revised	37971
Code. Any board that provides the educational facilities for	37972
children in county or municipal institutions established for the	37973
care and treatment of children who are delinquent, unstable, or	37974
socially maladjusted shall not be entitled to any moneys provided	37975
for crippled children in sections 3323.01 to 3323.12 of the	37976
Revised Code.	37977

Sec. 3313.603. (A) As used in this section:

37978

(1) "One unit" means a minimum of one hundred twenty hours of	37979
course instruction, except that for a laboratory course, "one	37980
unit" means a minimum of one hundred fifty hours of course	37981
instruction.	37982

(2) "One-half unit" means a minimum of sixty hours of course	37983
instruction, except that for physical education courses, "one-half	37984
unit" means a minimum of one hundred twenty hours of course	37985
instruction.	37986

(B) Beginning September 15, 2001, except as required in	37987
division (C) of this section and division (C) of section 3313.614	37988
of the Revised Code, the requirements for graduation from every	37989
high school shall include twenty units earned in grades nine	37990
through twelve and shall be distributed as follows:	37991

(1) English language arts, four units;

37992

(2) Health, one-half unit;

37993

(3) Mathematics, three units;

37994

(4) Physical education, one-half unit;

37995

(5) Science, two units until September 15, 2003, and three	37996
units thereafter, which at all times shall include both of the	37997
following:	37998

(a) Biological sciences, one unit;

37999

(b) Physical sciences, one unit.

38000

(6) Social studies, three units, which shall include both of	38001
the following:	38002

(a) American history, one-half unit;

38003

(b) American government, one-half unit.

38004

(7) Elective units, seven units until September 15, 2003, and	38005
six units thereafter.	38006

Each student's electives shall include at least one unit, or	38007
two half units, chosen from among the areas of	38008
business/technology, fine arts, and/or foreign language.	38009

(C) Beginning with students who enter ninth grade for the	38010
first time on or after July 1, 2010, except as provided in	38011
divisions (D) to (F) of this section, the requirements for	38012
graduation from every public and chartered nonpublic high school	38013
shall include twenty units that are designed to prepare students	38014
for the workforce and college. The units shall be distributed as	38015
follows:	38016

(1) English language arts, four units;

38017

(2) Health, one-half unit, which shall include instruction in	38018
nutrition and the benefits of nutritious foods and physical	38019
activity for overall health;	38020

(3) Mathematics, four units, which shall include one unit of	38021
algebra II or the equivalent of algebra II;	38022

(4) Physical education, one-half unit;

38023

(5) Science, three units with inquiry-based laboratory	38024
experience that engages students in asking valid scientific	38025
questions and gathering and analyzing information, which shall	38026
include the following, or their equivalent:	38027

(a) Physical sciences, one unit;

38028

(b) Life sciences, one unit;

38029

(c) Advanced study in one or more of the following sciences,	38030
one unit:	38031

(i) Chemistry, physics, or other physical science;

38032

(ii) Advanced biology or other life science;

38033

(iii) Astronomy, physical geology, or other earth or space	38034
science.	38035

(6) Social studies, three units, which shall include both of	38036
the following:	38037

(a) American history, one-half unit;

38038

(b) American government, one-half unit.

38039

Each school shall integrate the study of economics and	38040
financial literacy, as expressed in the social studies academic	38041
content standards adopted by the state board of education under	38042
division (A)(1) of section 3301.079 of the Revised Code and the	38043
academic content standards for financial literacy and	38044
entrepreneurship adopted under division (A)(2) of that section,	38045
into one or more existing social studies credits required under	38046
division (C)(6) of this section, or into the content of another	38047
class, so that every high school student receives instruction in	38048
those concepts. In developing the curriculum required by this	38049
paragraph, schools shall use available public-private partnerships	38050
and resources and materials that exist in business, industry, and	38051
through the centers for economics education at institutions of	38052
higher education in the state.	38053

(7) Five units consisting of one or any combination of	38054
foreign language, fine arts, business, career-technical education,	38055
family and consumer sciences, technology, agricultural education,	38056
a junior reserve officer training corps (JROTC) program approved	38057
by the congress of the United States under title 10 of the United	38058
States Code, or English language arts, mathematics, science, or	38059
social studies courses not otherwise required under division (C)	38060
of this section.	38061

Ohioans must be prepared to apply increased knowledge and	38062
skills in the workplace and to adapt their knowledge and skills	38063
quickly to meet the rapidly changing conditions of the	38064
twenty-first century. National studies indicate that all high	38065
school graduates need the same academic foundation, regardless of	38066
the opportunities they pursue after graduation. The goal of Ohio's	38067
system of elementary and secondary education is to prepare all	38068
students for and seamlessly connect all students to success in	38069
life beyond high school graduation, regardless of whether the next	38070
step is entering the workforce, beginning an apprenticeship,	38071
engaging in post-secondary training, serving in the military, or	38072
pursuing a college degree.	38073

The Ohio core curriculum is the standard expectation for all	38074
students entering ninth grade for the first time at a public or	38075
chartered nonpublic high school on or after July 1, 2010. A	38076
student may satisfy this expectation through a variety of methods,	38077
including, but not limited to, integrated, applied,	38078
career-technical, and traditional coursework.	38079

Whereas teacher quality is essential for student success in	38080
completing the Ohio core curriculum, the general assembly shall	38081
appropriate funds for strategic initiatives designed to strengthen	38082
schools' capacities to hire and retain highly qualified teachers	38083
in the subject areas required by the curriculum. Such initiatives	38084
are expected to require an investment of $120,000,000 over five	38085
years.	38086

Stronger coordination between high schools and institutions	38087
of higher education is necessary to prepare students for more	38088
challenging academic endeavors and to lessen the need for academic	38089
remediation in college, thereby reducing the costs of higher	38090
education for Ohio's students, families, and the state. The state	38091
board and the chancellor of the Ohio board of regents shall	38092
develop policies to ensure that only in rare instances will	38093
students who complete the Ohio core curriculum require academic	38094
remediation after high school.	38095

School districts, community schools, and chartered nonpublic	38096
schools shall integrate technology into learning experiences	38097
~~whenever practicable~~ across the curriculum in order to maximize	38098
efficiency, enhance learning, and prepare students for success in	38099
the technology-driven twenty-first century. Districts and schools	38100
~~may~~shall use distance and web-based course delivery as a method	38101
of providing or augmenting all instruction required under this	38102
division, including laboratory experience in science. Districts	38103
and schools shall ~~whenever practicable~~ utilize technology access	38104
and electronic learning opportunities provided by the eTech Ohio	38105
commission, the Ohio learning network, education technology	38106
centers, public television stations, and other public and private	38107
providers.	38108

(D) Except as provided in division (E) of this section, a	38109
student who enters ninth grade on or after July 1, 2010, and	38110
before July 1, 2014, may qualify for graduation from a public or	38111
chartered nonpublic high school even though the student has not	38112
completed the Ohio core curriculum prescribed in division (C) of	38113
this section if all of the following conditions are satisfied:	38114

(1) After the student has attended high school for two years,	38115
as determined by the school, the student and the student's parent,	38116
guardian, or custodian sign and file with the school a written	38117
statement asserting the parent's, guardian's, or custodian's	38118
consent to the student's graduating without completing the Ohio	38119
core curriculum and acknowledging that one consequence of not	38120
completing the Ohio core curriculum is ineligibility to enroll in	38121
most state universities in Ohio without further coursework.	38122

(2) The student and parent, guardian, or custodian fulfill	38123
any procedural requirements the school stipulates to ensure the	38124
student's and parent's, guardian's, or custodian's informed	38125
consent and to facilitate orderly filing of statements under	38126
division (D)(1) of this section.	38127

(3) The student and the student's parent, guardian, or	38128
custodian and a representative of the student's high school	38129
jointly develop an individual career plan for the student that	38130
specifies the student matriculating to a two-year degree program,	38131
acquiring a business and industry credential, or entering an	38132
apprenticeship.	38133

(4) The student's high school provides counseling and support	38134
for the student related to the plan developed under division	38135
(D)(3) of this section during the remainder of the student's high	38136
school experience.	38137

(5) The student successfully completes, at a minimum, the	38138
curriculum prescribed in division (B) of this section.	38139

The department of education, in collaboration with the	38140
chancellor, shall analyze student performance data to determine if	38141
there are mitigating factors that warrant extending the exception	38142
permitted by division (D) of this section to high school classes	38143
beyond those entering ninth grade before July 1, 2014. The	38144
department shall submit its findings and any recommendations not	38145
later than August 1, 2014, to the speaker and minority leader of	38146
the house of representatives, the president and minority leader of	38147
the senate, the chairpersons and ranking minority members of the	38148
standing committees of the house of representatives and the senate	38149
that consider education legislation, the state board of education,	38150
and the superintendent of public instruction.	38151

(E) Each school district and chartered nonpublic school	38152
retains the authority to require an even more rigorous minimum	38153
curriculum for high school graduation than specified in division	38154
(B) or (C) of this section. A school district board of education,	38155
through the adoption of a resolution, or the governing authority	38156
of a chartered nonpublic school may stipulate any of the	38157
following:	38158

(1) A minimum high school curriculum that requires more than	38159
twenty units of academic credit to graduate;	38160

(2) An exception to the district's or school's minimum high	38161
school curriculum that is comparable to the exception provided in	38162
division (D) of this section but with additional requirements,	38163
which may include a requirement that the student successfully	38164
complete more than the minimum curriculum prescribed in division	38165
(B) of this section;	38166

(3) That no exception comparable to that provided in division	38167
(D) of this section is available.	38168

(F) A student enrolled in a dropout prevention and recovery	38169
program, which program has received a waiver from the department,	38170
may qualify for graduation from high school by successfully	38171
completing a competency-based instructional program administered	38172
by the dropout prevention and recovery program in lieu of	38173
completing the Ohio core curriculum prescribed in division (C) of	38174
this section. The department shall grant a waiver to a dropout	38175
prevention and recovery program, within sixty days after the	38176
program applies for the waiver, if the program meets all of the	38177
following conditions:	38178

(1) The program serves only students not younger than sixteen	38179
years of age and not older than twenty-one years of age.	38180

(2) The program enrolls students who, at the time of their	38181
initial enrollment, either, or both, are at least one grade level	38182
behind their cohort age groups or experience crises that	38183
significantly interfere with their academic progress such that	38184
they are prevented from continuing their traditional programs.	38185

(3) The program requires students to attain at least the	38186
applicable score designated for each of the assessments prescribed	38187
under division (B)(1) of section 3301.0710 of the Revised Code or,	38188
to the extent prescribed by rule of the state board under division	38189
~~(E)~~(D)(6) of section 3301.0712 of the Revised Code, division	38190
(B)(2) of that section.	38191

(4) The program develops an individual career plan for the	38192
student that specifies the student's matriculating to a two-year	38193
degree program, acquiring a business and industry credential, or	38194
entering an apprenticeship.	38195

(5) The program provides counseling and support for the	38196
student related to the plan developed under division (F)(4) of	38197
this section during the remainder of the student's high school	38198
experience.	38199

(6) The program requires the student and the student's	38200
parent, guardian, or custodian to sign and file, in accordance	38201
with procedural requirements stipulated by the program, a written	38202
statement asserting the parent's, guardian's, or custodian's	38203
consent to the student's graduating without completing the Ohio	38204
core curriculum and acknowledging that one consequence of not	38205
completing the Ohio core curriculum is ineligibility to enroll in	38206
most state universities in Ohio without further coursework.	38207

(7) Prior to receiving the waiver, the program has submitted	38208
to the department an instructional plan that demonstrates how the	38209
academic content standards adopted by the state board under	38210
section 3301.079 of the Revised Code will be taught and assessed.	38211

If the department does not act either to grant the waiver or	38212
to reject the program application for the waiver within sixty days	38213
as required under this section, the waiver shall be considered to	38214
be granted.	38215

(G) Every high school may permit students below the ninth	38216
grade to take advanced work. If a high school so permits, it shall	38217
award high school credit for successful completion of the advanced	38218
work and shall count such advanced work toward the graduation	38219
requirements of division (B) or (C) of this section if the	38220
advanced work was both:	38221

(1) Taught by a person who possesses a license or certificate	38222
issued under section 3301.071, 3319.22, or 3319.222 of the Revised	38223
Code that is valid for teaching high school;	38224

(2) Designated by the board of education of the city, local,	38225
or exempted village school district, the board of the cooperative	38226
education school district, or the governing authority of the	38227
chartered nonpublic school as meeting the high school curriculum	38228
requirements.	38229

Each high school shall record on the student's high school	38230
transcript all high school credit awarded under division (G) of	38231
this section. In addition, if the student completed a seventh- or	38232
eighth-grade fine arts course described in division (K) of this	38233
section and the course qualified for high school credit under that	38234
division, the high school shall record that course on the	38235
student's high school transcript.	38236

(H) The department shall make its individual academic career	38237
plan available through its Ohio career information system web site	38238
for districts and schools to use as a tool for communicating with	38239
and providing guidance to students and families in selecting high	38240
school courses.	38241

(I) Units earned in English language arts, mathematics,	38242
science, and social studies that are delivered through integrated	38243
academic and career-technical instruction are eligible to meet the	38244
graduation requirements of division (B) or (C) of this section.	38245

(J) The state board, in consultation with the chancellor,	38246
shall adopt a statewide plan implementing methods for students to	38247
earn units of high school credit based on a demonstration of	38248
subject area competency, instead of or in combination with	38249
completing hours of classroom instruction. The state board shall	38250
adopt the plan not later than March 31, 2009, and commence phasing	38251
in the plan during the 2009-2010 school year. The plan shall	38252
include a standard method for recording demonstrated proficiency	38253
on high school transcripts. Each school district, community	38254
school, and chartered nonpublic school shall comply with the state	38255
board's plan adopted under this division and award units of high	38256
school credit in accordance with the plan. The state board may	38257
adopt existing methods for earning high school credit based on a	38258
demonstration of subject area competency as necessary prior to the	38259
2009-2010 school year.	38260

(K) This division does not apply to students who qualify for	38261
graduation from high school under division (D) or (F) of this	38262
section, or to students pursuing a career-technical instructional	38263
track as determined by the school district board of education or	38264
the chartered nonpublic school's governing authority.	38265
Nevertheless, the general assembly encourages such students to	38266
consider enrolling in a fine arts course as an elective.	38267

Beginning with students who enter ninth grade for the first	38268
time on or after July 1, 2010, each student enrolled in a public	38269
or chartered nonpublic high school shall complete two semesters or	38270
the equivalent of fine arts to graduate from high school. The	38271
coursework may be completed in any of grades seven to twelve. Each	38272
student who completes a fine arts course in grade seven or eight	38273
may elect to count that course toward the five units of electives	38274
required for graduation under division (C)(7) of this section, if	38275
the course satisfied the requirements of division (G) of this	38276
section. In that case, the high school shall award the student	38277
high school credit for the course and count the course toward the	38278
five units required under division (C)(7) of this section. If the	38279
course in grade seven or eight did not satisfy the requirements of	38280
division (G) of this section, the high school shall not award the	38281
student high school credit for the course but shall count the	38282
course toward the two semesters or the equivalent of fine arts	38283
required by this division.	38284

(L) Notwithstanding anything to the contrary in this section,	38285
the board of education of each school district and the governing	38286
authority of each chartered nonpublic school may adopt a policy to	38287
excuse from the high school physical education requirement each	38288
student who, during high school, has participated in	38289
interscholastic athletics, marching band, or cheerleading for at	38290
least two full seasons or in the junior reserve officer training	38291
corps for at least two full school years. If the board or	38292
authority adopts such a policy, the board or authority shall not	38293
require the student to complete any physical education course as a	38294
condition to graduate. However, the student shall be required to	38295
complete one-half unit, consisting of at least sixty hours of	38296
instruction, in another course of study. In the case of a student	38297
who has participated in the junior reserve officer training corps	38298
for at least two full school years, credit received for that	38299
participation may be used to satisfy the requirement to complete	38300
one-half unit in another course of study.	38301

Sec. 3313.61. (A) A diploma shall be granted by the board of	38302
education of any city, exempted village, or local school district	38303
that operates a high school to any person to whom all of the	38304
following apply:	38305

(1) The person has successfully completed the curriculum in	38306
any high school or the individualized education program developed	38307
for the person by any high school pursuant to section 3323.08 of	38308
the Revised Code, or has qualified under division (D) or (F) of	38309
section 3313.603 of the Revised Code, provided that no school	38310
district shall require a student to remain in school for any	38311
specific number of semesters or other terms if the student	38312
completes the required curriculum early;	38313

(2) Subject to section 3313.614 of the Revised Code, the	38314
person has met the assessment requirements of division (A)(2)(a)	38315
or (b) of this section, as applicable.	38316

(a) If the person entered the ninth grade prior to the date	38317
prescribed by rule of the state board of education under division	38318
~~(E)~~(D)(2) of section 3301.0712 of the Revised Code, the person	38319
either:	38320

(i) Has attained at least the applicable scores designated	38321
under division (B)(1) of section 3301.0710 of the Revised Code on	38322
all the assessments required by that division unless the person	38323
was excused from taking any such assessment pursuant to section	38324
3313.532 of the Revised Code or unless division (H) or (L) of this	38325
section applies to the person;	38326

(ii) Has satisfied the alternative conditions prescribed in	38327
section 3313.615 of the Revised Code.	38328

(b) If the person entered the ninth grade on or after the	38329
date prescribed by rule of the state board under division	38330
~~(E)~~(D)(2) of section 3301.0712 of the Revised Code, the person has	38331
~~attained on~~met the requirements of the entire assessment system	38332
prescribed under division (B)(2) of section 3301.0710 of the	38333
Revised Code ~~at least the required passing composite score,~~	38334
~~designated under division (C)(1) of section 3301.0712 of the~~	38335
~~Revised Code~~, except to the extent that the person is excused from	38336
some portion of that assessment system pursuant to section	38337
3313.532 of the Revised Code or division (H) or (L) of this	38338
section.	38339

(3) The person is not eligible to receive an honors diploma	38340
granted pursuant to division (B) of this section.	38341

Except as provided in divisions (C), (E), (J), and (L) of	38342
this section, no diploma shall be granted under this division to	38343
anyone except as provided under this division.	38344

(B) In lieu of a diploma granted under division (A) of this	38345
section, an honors diploma shall be granted, in accordance with	38346
rules of the state board, by any such district board to anyone who	38347
accomplishes all of the following:	38348

(1) Successfully completes the curriculum in any high school	38349
or the individualized education program developed for the person	38350
by any high school pursuant to section 3323.08 of the Revised	38351
Code;	38352

(2) Subject to section 3313.614 of the Revised Code, has met	38353
the assessment requirements of division (B)(2)(a) or (b) of this	38354
section, as applicable.	38355

(a) If the person entered the ninth grade prior to the date	38356
prescribed by rule of the state board of education under division	38357
~~(E)~~(D)(2) of section 3301.0712 of the Revised Code, the person	38358
either:	38359

(i) Has attained at least the applicable scores designated	38360
under division (B)(1) of section 3301.0710 of the Revised Code on	38361
all the assessments required by that division;	38362

(ii) Has satisfied the alternative conditions prescribed in	38363
section 3313.615 of the Revised Code.	38364

(b) If the person entered the ninth grade on or after the	38365
date prescribed by rule of the state board under division	38366
~~(E)~~(D)(2) of section 3301.0712 of the Revised Code, the person has	38367
~~attained on~~met the requirements of the entire assessment system	38368
prescribed under division (B)(2) of section 3301.0710 of the	38369
Revised Code ~~at least the required passing composite score,~~	38370
~~designated under division (C)(1) of section 3301.0712 of the~~	38371
~~Revised Code~~.	38372

(3) Has met additional criteria established by the state	38373
board for the granting of such a diploma.	38374

An honors diploma shall not be granted to a student who is	38375
subject to the Ohio core curriculum prescribed in division (C) of	38376
section 3313.603 of the Revised Code but elects the option of	38377
division (D) or (F) of that section. Except as provided in	38378
divisions (C), (E), and (J) of this section, no honors diploma	38379
shall be granted to anyone failing to comply with this division	38380
and no more than one honors diploma shall be granted to any	38381
student under this division.	38382

The state board shall adopt rules prescribing the granting of	38383
honors diplomas under this division. These rules may prescribe the	38384
granting of honors diplomas that recognize a student's achievement	38385
as a whole or that recognize a student's achievement in one or	38386
more specific subjects or both. The rules may prescribe the	38387
granting of an honors diploma recognizing technical expertise for	38388
a career-technical student. In any case, the rules shall designate	38389
two or more criteria for the granting of each type of honors	38390
diploma the board establishes under this division and the number	38391
of such criteria that must be met for the granting of that type of	38392
diploma. The number of such criteria for any type of honors	38393
diploma shall be at least one less than the total number of	38394
criteria designated for that type and no one or more particular	38395
criteria shall be required of all persons who are to be granted	38396
that type of diploma.	38397

(C) Any district board administering any of the assessments	38398
required by section 3301.0710 of the Revised Code to any person	38399
requesting to take such assessment pursuant to division (B)(8)(b)	38400
of section 3301.0711 of the Revised Code shall award a diploma to	38401
such person if the person attains at least the applicable scores	38402
designated under division (B)(1) of section 3301.0710 of the	38403
Revised Code on all the assessments administered and if the person	38404
has previously attained the applicable scores on all the other	38405
assessments required by division (B)(1) of that section or has	38406
been exempted or excused from attaining the applicable score on	38407
any such assessment pursuant to division (H) or (L) of this	38408
section or from taking any such assessment pursuant to section	38409
3313.532 of the Revised Code.	38410

(D) Each diploma awarded under this section shall be signed	38411
by the president and treasurer of the issuing board, the	38412
superintendent of schools, and the principal of the high school.	38413
Each diploma shall bear the date of its issue, be in such form as	38414
the district board prescribes, and be paid for out of the	38415
district's general fund.	38416

(E) A person who is a resident of Ohio and is eligible under	38417
state board of education minimum standards to receive a high	38418
school diploma based in whole or in part on credits earned while	38419
an inmate of a correctional institution operated by the state or	38420
any political subdivision thereof, shall be granted such diploma	38421
by the correctional institution operating the programs in which	38422
such credits were earned, and by the board of education of the	38423
school district in which the inmate resided immediately prior to	38424
the inmate's placement in the institution. The diploma granted by	38425
the correctional institution shall be signed by the director of	38426
the institution, and by the person serving as principal of the	38427
institution's high school and shall bear the date of issue.	38428

(F) Persons who are not residents of Ohio but who are inmates	38429
of correctional institutions operated by the state or any	38430
political subdivision thereof, and who are eligible under state	38431
board of education minimum standards to receive a high school	38432
diploma based in whole or in part on credits earned while an	38433
inmate of the correctional institution, shall be granted a diploma	38434
by the correctional institution offering the program in which the	38435
credits were earned. The diploma granted by the correctional	38436
institution shall be signed by the director of the institution and	38437
by the person serving as principal of the institution's high	38438
school and shall bear the date of issue.	38439

(G) The state board of education shall provide by rule for	38440
the administration of the assessments required by section	38441
3301.0710 of the Revised Code to inmates of correctional	38442
institutions.	38443

(H) Any person to whom all of the following apply shall be	38444
exempted from attaining the applicable score on the assessment in	38445
social studies designated under division (B)(1) of section	38446
3301.0710 of the Revised Code, any social studies end-of-course	38447
examination required under division (B)(2) of that section if such	38448
an exemption is prescribed by rule of the state board under	38449
division ~~(E)~~(D)(4) of section 3301.0712 of the Revised Code, or	38450
the test in citizenship designated under former division (B) of	38451
section 3301.0710 of the Revised Code as it existed prior to	38452
September 11, 2001:	38453

(1) The person is not a citizen of the United States;

38454

(2) The person is not a permanent resident of the United	38455
States;	38456

(3) The person indicates no intention to reside in the United	38457
States after the completion of high school.	38458

(I) Notwithstanding division (D) of section 3311.19 and	38459
division (D) of section 3311.52 of the Revised Code, this section	38460
and section 3311.611 of the Revised Code do not apply to the board	38461
of education of any joint vocational school district or any	38462
cooperative education school district established pursuant to	38463
divisions (A) to (C) of section 3311.52 of the Revised Code.	38464

(J) Upon receipt of a notice under division (D) of section	38465
3325.08 of division (D) of section 3328.25 of the Revised Code	38466
that a student has received a diploma under ~~that~~either section,	38467
the board of education receiving the notice may grant a high	38468
school diploma under this section to the student, except that such	38469
board shall grant the student a diploma if the student meets the	38470
graduation requirements that the student would otherwise have had	38471
to meet to receive a diploma from the district. The diploma	38472
granted under this section shall be of the same type the notice	38473
indicates the student received under section 3325.08 or 3328.25 of	38474
the Revised Code.	38475

(K) As used in this division, "limited English proficient	38476
student" has the same meaning as in division (C)(3) of section	38477
3301.0711 of the Revised Code.	38478

Notwithstanding division (C)(3) of section 3301.0711 of the	38479
Revised Code, no limited English proficient student who has not	38480
either attained the applicable scores designated under division	38481
(B)(1) of section 3301.0710 of the Revised Code on all the	38482
assessments required by that division, or ~~attained the composite~~	38483
~~score designated for~~met the requirements of the assessments	38484
required by division (B)(2) of that section, shall be awarded a	38485
diploma under this section.	38486

(L) Any student described by division (A)(1) of this section	38487
may be awarded a diploma without attaining the applicable scores	38488
designated on the assessments prescribed under division (B) of	38489
section 3301.0710 of the Revised Code provided an individualized	38490
education program specifically exempts the student from attaining	38491
such scores. This division does not negate the requirement for	38492
such a student to take all such assessments or alternate	38493
assessments required by division (C)(1) of section 3301.0711 of	38494
the Revised Code for the purpose of assessing student progress as	38495
required by federal law.	38496

Sec. 3313.611. (A) The state board of education shall adopt,	38497
by rule, standards for awarding high school credit equivalent to	38498
credit for completion of high school academic and vocational	38499
education courses to applicants for diplomas under this section.	38500
The standards may permit high school credit to be granted to an	38501
applicant for any of the following:	38502

(1) Work experiences or experiences as a volunteer;

38503

(2) Completion of academic, vocational, or self-improvement	38504
courses offered to persons over the age of twenty-one by a	38505
chartered public or nonpublic school;	38506

(3) Completion of academic, vocational, or self-improvement	38507
courses offered by an organization, individual, or educational	38508
institution other than a chartered public or nonpublic school;	38509

(4) Other life experiences considered by the board to provide	38510
knowledge and learning experiences comparable to that gained in a	38511
classroom setting.	38512

(B) The board of education of any city, exempted village, or	38513
local school district that operates a high school shall grant a	38514
diploma of adult education to any applicant if all of the	38515
following apply:	38516

(1) The applicant is a resident of the district;

38517

(2) The applicant is over the age of twenty-one and has not	38518
been issued a diploma as provided in section 3313.61 of the	38519
Revised Code;	38520

(3) Subject to section 3313.614 of the Revised Code, the	38521
applicant has met the assessment requirements of division	38522
(B)(3)(a) or (b) of this section, as applicable.	38523

(a) Prior to the date prescribed by rule of the state board	38524
under division ~~(E)~~(D)(3) of section 3301.0712 of the Revised Code,	38525
the applicant either:	38526

(i) Has attained the applicable scores designated under	38527
division (B)(1) of section 3301.0710 of the Revised Code on all of	38528
the assessments required by that division or was excused or	38529
exempted from any such assessment pursuant to section 3313.532 or	38530
was exempted from attaining the applicable score on any such	38531
assessment pursuant to division (H) or (L) of section 3313.61 of	38532
the Revised Code;	38533

(ii) Has satisfied the alternative conditions prescribed in	38534
section 3313.615 of the Revised Code.	38535

(b) On or after the date prescribed by rule of the state	38536
board under division ~~(E)~~(D)(3) of section 3301.0712 of the	38537
Revised Code, has ~~attained on~~met the requirements of the entire	38538
assessment system prescribed under division (B)(2) of section	38539
3301.0710 of the Revised Code ~~at least the required passing~~	38540
~~composite score, designated under division (C)(1) of section~~	38541
~~3301.0712 of the Revised Code~~, except and only to the extent that	38542
the applicant is excused from some portion of that assessment	38543
system pursuant to section 3313.532 of the Revised Code or	38544
division (H) or (L) of section 3313.61 of the Revised Code.	38545

(4) The district board determines, in accordance with the	38546
standards adopted under division (A) of this section, that the	38547
applicant has attained sufficient high school credits, including	38548
equivalent credits awarded under such standards, to qualify as	38549
having successfully completed the curriculum required by the	38550
district for graduation.	38551

(C) If a district board determines that an applicant is not	38552
eligible for a diploma under division (B) of this section, it	38553
shall inform the applicant of the reason the applicant is	38554
ineligible and shall provide a list of any courses required for	38555
the diploma for which the applicant has not received credit. An	38556
applicant may reapply for a diploma under this section at any	38557
time.	38558

(D) If a district board awards an adult education diploma	38559
under this section, the president and treasurer of the board and	38560
the superintendent of schools shall sign it. Each diploma shall	38561
bear the date of its issuance, be in such form as the district	38562
board prescribes, and be paid for from the district's general	38563
fund, except that the state board may by rule prescribe standard	38564
language to be included on each diploma.	38565

(E) As used in this division, "limited English proficient	38566
student" has the same meaning as in division (C)(3) of section	38567
3301.0711 of the Revised Code.	38568

Notwithstanding division (C)(3) of section 3301.0711 of the	38569
Revised Code, no limited English proficient student who has not	38570
either attained the applicable scores designated under division	38571
(B)(1) of section 3301.0710 of the Revised Code on all the	38572
assessments required by that division, or ~~attained the composite~~	38573
~~score designated for~~has not met the requirements of the	38574
assessments required by division (B)(2) of that section, shall be	38575
awarded a diploma under this section.	38576

Sec. 3313.612. (A) No nonpublic school chartered by the	38577
state board of education shall grant a high school diploma to any	38578
person unless, subject to section 3313.614 of the Revised Code,	38579
the person has met the assessment requirements of division (A)(1)	38580
or (2) of this section, as applicable.	38581

(1) If the person entered the ninth grade prior to the date	38582
prescribed by rule of the state board under division ~~(E)~~(D)(2) of	38583
section 3301.0712 of the Revised Code, the person has attained at	38584
least the applicable scores designated under division (B)(1) of	38585
section 3301.0710 of the Revised Code on all the assessments	38586
required by that division, or has satisfied the alternative	38587
conditions prescribed in section 3313.615 of the Revised Code.	38588

(2) If the person entered the ninth grade on or after the	38589
date prescribed by rule of the state board under division (E)(2)	38590
of section 3301.0712 of the Revised Code, the person has ~~attained~~	38591
onmet the requirements of the entire assessment system	38592
prescribed under division (B)(2) of section 3301.0710 of the	38593
Revised Code ~~at least the required passing composite score,~~	38594
~~designated under division (C)(1) of section 3301.0712 of the~~	38595
~~Revised Code~~.	38596

(B) This section does not apply to either of the following:

38597

(1) Any person with regard to any assessment from which the	38598
person was excused pursuant to division (C)(1)(c) of section	38599
3301.0711 of the Revised Code;	38600

(2) Any person with regard to the social studies assessment	38601
under division (B)(1) of section 3301.0710 of the Revised Code,	38602
any social studies end-of-course examination required under	38603
division (B)(2) of that section if such an exemption is prescribed	38604
by rule of the state board of education under division ~~(E)~~(D)(4)	38605
of section 3301.0712 of the Revised Code, or the citizenship test	38606
under former division (B) of section 3301.0710 of the Revised Code	38607
as it existed prior to September 11, 2001, if all of the following	38608
apply:	38609

(a) The person is not a citizen of the United States;

38610

(b) The person is not a permanent resident of the United	38611
States;	38612

(c) The person indicates no intention to reside in the United	38613
States after completion of high school.	38614

(C) As used in this division, "limited English proficient	38615
student" has the same meaning as in division (C)(3) of section	38616
3301.0711 of the Revised Code.	38617

Notwithstanding division (C)(3) of section 3301.0711 of the	38618
Revised Code, no limited English proficient student who has not	38619
either attained the applicable scores designated under division	38620
(B)(1) of section 3301.0710 of the Revised Code on all the	38621
assessments required by that division, or ~~attained the composite~~	38622
~~score designated for~~met the requirements of the assessments	38623
~~required by~~under division (B)(2) of that section, shall be	38624
awarded a diploma under this section.	38625

Sec. 3313.614. (A) As used in this section, a person	38626
"fulfills the curriculum requirement for a diploma" at the time	38627
one of the following conditions is satisfied:	38628

(1) The person successfully completes the high school	38629
curriculum of a school district, a community school, a chartered	38630
nonpublic school, or a correctional institution.	38631

(2) The person successfully completes the individualized	38632
education program developed for the person under section 3323.08	38633
of the Revised Code.	38634

(3) A board of education issues its determination under	38635
section 3313.611 of the Revised Code that the person qualifies as	38636
having successfully completed the curriculum required by the	38637
district.	38638

(B) This division specifies the assessment requirements that	38639
must be fulfilled as a condition toward granting high school	38640
diplomas under sections 3313.61, 3313.611, 3313.612, and 3325.08	38641
of the Revised Code.	38642

(1) A person who fulfills the curriculum requirement for a	38643
diploma before September 15, 2000, is not required to pass any	38644
proficiency test or achievement test in science as a condition to	38645
receiving a diploma.	38646

(2) A person who began ninth grade prior to July 1, 2003, is	38647
not required to pass the Ohio graduation test prescribed under	38648
division (B)(1) of section 3301.0710 or any assessment prescribed	38649
under division (B)(2) of that section in any subject as a	38650
condition to receiving a diploma once the person has passed the	38651
ninth grade proficiency test in the same subject, so long as the	38652
person passed the ninth grade proficiency test prior to September	38653
15, 2008. However, any such person who passes the Ohio graduation	38654
test in any subject prior to passing the ninth grade proficiency	38655
test in the same subject shall be deemed to have passed the ninth	38656
grade proficiency test in that subject as a condition to receiving	38657
a diploma. For this purpose, the ninth grade proficiency test in	38658
citizenship substitutes for the Ohio graduation test in social	38659
studies. If a person began ninth grade prior to July 1, 2003, but	38660
does not pass a ninth grade proficiency test or the Ohio	38661
graduation test in a particular subject before September 15, 2008,	38662
and passage of a test in that subject is a condition for the	38663
person to receive a diploma, the person must pass the Ohio	38664
graduation test instead of the ninth grade proficiency test in	38665
that subject to receive a diploma.	38666

(3) A person who begins ninth grade on or after July 1, 2003,	38667
in a school district, community school, or chartered nonpublic	38668
school is not eligible to receive a diploma based on passage of	38669
ninth grade proficiency tests. Each such person who begins ninth	38670
grade prior to the date prescribed by the state board of education	38671
under division ~~(E)~~(D)(5) of section 3301.0712 of the Revised Code	38672
must pass Ohio graduation tests to meet the assessment	38673
requirements applicable to that person as a condition to receiving	38674
a diploma.	38675

(4) A person who begins ninth grade on or after the date	38676
prescribed by the state board of education under division	38677
~~(E)~~(D)(5) of section 3301.0712 of the Revised Code is not eligible	38678
to receive a diploma based on passage of the Ohio graduation	38679
tests. Each such person must ~~attain on~~meet the requirements of	38680
the entire assessment system prescribed under division (B)(2) of	38681
section 3301.0710 of the Revised Code ~~at least the required~~	38682
~~passing composite score, designated under division (C)(1) of~~	38683
~~section 3301.0712 of the Revised Code~~.	38684

(C) This division specifies the curriculum requirement that	38685
shall be completed as a condition toward granting high school	38686
diplomas under sections 3313.61, 3313.611, 3313.612, and 3325.08	38687
of the Revised Code.	38688

(1) A person who is under twenty-two years of age, or under	38689
thirty years of age for a person enrolled under section 3314.38 of	38690
the Revised Code in a dropout prevention and recovery program	38691
operated by a community school, when the person fulfills the	38692
curriculum requirement for a diploma shall complete the curriculum	38693
required by the school district or school issuing the diploma for	38694
the first year that the person originally enrolled in high school,	38695
except for a person who qualifies for graduation from high school	38696
under either division (D) or (F) of section 3313.603 of the	38697
Revised Code.	38698

(2) Once a person fulfills the curriculum requirement for a	38699
diploma, the person is never required, as a condition of receiving	38700
a diploma, to meet any different curriculum requirements that take	38701
effect pending the person's passage of proficiency tests or	38702
achievement tests or assessments, including changes mandated by	38703
section 3313.603 of the Revised Code, the state board, a school	38704
district board of education, or a governing authority of a	38705
community school or chartered nonpublic school.	38706

Sec. 3313.617. (A) When a person who is at least sixteen	38707
years of age but less than nineteen years of age applies to the	38708
department of education to take the tests of general educational	38709
development, the person shall submit with the application written	38710
approval from the superintendent of the school district in which	38711
the person was last enrolled, or the superintendent's designee,	38712
except that if the person was last enrolled in a community school	38713
established under Chapter 3314. of the Revised Code or a science,	38714
technology, engineering, and mathematics school established under	38715
Chapter 3326. of the Revised Code, the approval shall be from the	38716
principal of the school, or the principal's designee. The	38717
department may require the person also to submit written approval	38718
from the person's parent or guardian or a court official, if the	38719
person is younger than eighteen years of age.	38720

(B) For the purpose of calculating graduation rates for the	38721
school district report cards under section 3302.03 of the Revised	38722
Code, the department shall count any person for whom approval is	38723
obtained from the superintendent or principal, or a designee,	38724
under division (A) of this section as a dropout from the district	38725
in which the person was last enrolled prior to obtaining the	38726
approval.	38727

Sec. 3313.64. (A) As used in this section and in section	38728
3313.65 of the Revised Code:	38729

(1)(a) Except as provided in division (A)(1)(b) of this	38730
section, "parent" means either parent, unless the parents are	38731
separated or divorced or their marriage has been dissolved or	38732
annulled, in which case "parent" means the parent who is the	38733
residential parent and legal custodian of the child. When a child	38734
is in the legal custody of a government agency or a person other	38735
than the child's natural or adoptive parent, "parent" means the	38736
parent with residual parental rights, privileges, and	38737
responsibilities. When a child is in the permanent custody of a	38738
government agency or a person other than the child's natural or	38739
adoptive parent, "parent" means the parent who was divested of	38740
parental rights and responsibilities for the care of the child and	38741
the right to have the child live with the parent and be the legal	38742
custodian of the child and all residual parental rights,	38743
privileges, and responsibilities.	38744

(b) When a child is the subject of a power of attorney	38745
executed under sections 3109.51 to 3109.62 of the Revised Code,	38746
"parent" means the grandparent designated as attorney in fact	38747
under the power of attorney. When a child is the subject of a	38748
caretaker authorization affidavit executed under sections 3109.64	38749
to 3109.73 of the Revised Code, "parent" means the grandparent	38750
that executed the affidavit.	38751

(2) "Legal custody," "permanent custody," and "residual	38752
parental rights, privileges, and responsibilities" have the same	38753
meanings as in section 2151.011 of the Revised Code.	38754

(3) "School district" or "district" means a city, local, or	38755
exempted village school district and excludes any school operated	38756
in an institution maintained by the department of youth services.	38757

(4) Except as used in division (C)(2) of this section, "home"	38758
means a home, institution, foster home, group home, or other	38759
residential facility in this state that receives and cares for	38760
children, to which any of the following applies:	38761

(a) The home is licensed, certified, or approved for such	38762
purpose by the state or is maintained by the department of youth	38763
services.	38764

(b) The home is operated by a person who is licensed,	38765
certified, or approved by the state to operate the home for such	38766
purpose.	38767

(c) The home accepted the child through a placement by a	38768
person licensed, certified, or approved to place a child in such a	38769
home by the state.	38770

(d) The home is a children's home created under section	38771
5153.21 or 5153.36 of the Revised Code.	38772

(5) "Agency" means all of the following:

38773

(a) A public children services agency;

38774

(b) An organization that holds a certificate issued by the	38775
Ohio department of job and family services in accordance with the	38776
requirements of section 5103.03 of the Revised Code and assumes	38777
temporary or permanent custody of children through commitment,	38778
agreement, or surrender, and places children in family homes for	38779
the purpose of adoption;	38780

(c) Comparable agencies of other states or countries that	38781
have complied with applicable requirements of section 2151.39 of	38782
the Revised Code or as applicable, sections 5103.20 to 5103.22 or	38783
5103.23 to 5103.237 of the Revised Code.	38784

(6) A child is placed for adoption if either of the following	38785
occurs:	38786

(a) An agency to which the child has been permanently	38787
committed or surrendered enters into an agreement with a person	38788
pursuant to section 5103.16 of the Revised Code for the care and	38789
adoption of the child.	38790

(b) The child's natural parent places the child pursuant to	38791
section 5103.16 of the Revised Code with a person who will care	38792
for and adopt the child.	38793

(7) "Preschool child with a disability" has the same meaning	38794
as in section 3323.01 of the Revised Code.	38795

(8) "Child," unless otherwise indicated, includes preschool	38796
children with disabilities.	38797

(9) "Active duty" means active duty pursuant to an executive	38798
order of the president of the United States, an act of the	38799
congress of the United States, or section 5919.29 or 5923.21 of	38800
the Revised Code.	38801

(B) Except as otherwise provided in section 3321.01 of the	38802
Revised Code for admittance to kindergarten and first grade, a	38803
child who is at least five but under twenty-two years of age and	38804
any preschool child with a disability shall be admitted to school	38805
as provided in this division.	38806

(1) A child shall be admitted to the schools of the school	38807
district in which the child's parent resides.	38808

(2) A child who does not reside in the district where the	38809
child's parent resides shall be admitted to the schools of the	38810
district in which the child resides if any of the following	38811
applies:	38812

(a) The child is in the legal or permanent custody of a	38813
government agency or a person other than the child's natural or	38814
adoptive parent.	38815

(b) The child resides in a home.

38816

38817

(3) A child who is not entitled under division (B)(2) of this	38818
section to be admitted to the schools of the district where the	38819
child resides and who is residing with a resident of this state	38820
with whom the child has been placed for adoption shall be admitted	38821
to the schools of the district where the child resides unless	38822
either of the following applies:	38823

(a) The placement for adoption has been terminated.

38824

(b) Another school district is required to admit the child	38825
under division (B)(1) of this section.	38826

Division (B) of this section does not prohibit the board of	38827
education of a school district from placing a child with a	38828
disability who resides in the district in a special education	38829
program outside of the district or its schools in compliance with	38830
Chapter 3323. of the Revised Code.	38831

(C) A district shall not charge tuition for children admitted	38832
under division (B)(1) or (3) of this section. If the district	38833
admits a child under division (B)(2) of this section, tuition	38834
shall be paid to the district that admits the child as provided in	38835
divisions (C)(1) to (3) of this section, unless division (C)(4) of	38836
this section applies to the child:	38837

(1) If the child receives special education in accordance	38838
with Chapter 3323. of the Revised Code, the school district of	38839
residence, as defined in section 3323.01 of the Revised Code,	38840
shall pay tuition for the child in accordance with section	38841
3323.091, 3323.13, 3323.14, or 3323.141 of the Revised Code	38842
regardless of who has custody of the child or whether the child	38843
resides in a home.	38844

(2) For a child that does not receive special education in	38845
accordance with Chapter 3323. of the Revised Code, except as	38846
otherwise provided in division (C)(2)(d) of this section, if the	38847
child is in the permanent or legal custody of a government agency	38848
or person other than the child's parent, tuition shall be paid by:	38849

(a) The district in which the child's parent resided at the	38850
time the court removed the child from home or at the time the	38851
court vested legal or permanent custody of the child in the person	38852
or government agency, whichever occurred first;	38853

(b) If the parent's residence at the time the court removed	38854
the child from home or placed the child in the legal or permanent	38855
custody of the person or government agency is unknown, tuition	38856
shall be paid by the district in which the child resided at the	38857
time the child was removed from home or placed in legal or	38858
permanent custody, whichever occurred first;	38859

(c) If a school district cannot be established under division	38860
(C)(2)(a) or (b) of this section, tuition shall be paid by the	38861
district determined as required by section 2151.362 of the Revised	38862
Code by the court at the time it vests custody of the child in the	38863
person or government agency;	38864

(d) If at the time the court removed the child from home or	38865
vested legal or permanent custody of the child in the person or	38866
government agency, whichever occurred first, one parent was in a	38867
residential or correctional facility or a juvenile residential	38868
placement and the other parent, if living and not in such a	38869
facility or placement, was not known to reside in this state,	38870
tuition shall be paid by the district determined under division	38871
(D) of section 3313.65 of the Revised Code as the district	38872
required to pay any tuition while the parent was in such facility	38873
or placement;	38874

(e) If the department of education has determined, pursuant	38875
to division (A)(2) of section 2151.362 of the Revised Code, that a	38876
school district other than the one named in the court's initial	38877
order, or in a prior determination of the department, is	38878
responsible to bear the cost of educating the child, the district	38879
so determined shall be responsible for that cost.	38880

(3) If the child is not in the permanent or legal custody of	38881
a government agency or person other than the child's parent and	38882
the child resides in a home, tuition shall be paid by one of the	38883
following:	38884

(a) The school district in which the child's parent resides;

38885

(b) If the child's parent is not a resident of this state,	38886
the home in which the child resides.	38887

(4) Division (C)(4) of this section applies to any child who	38888
is admitted to a school district under division (B)(2) of this	38889
section, resides in a home that is not a foster home or a home	38890
maintained by the department of youth services, receives	38891
educational services at the home in which the child resides	38892
pursuant to a contract between the home and the school district	38893
providing those services, and does not receive special education.	38894

In the case of a child to which division (C)(4) of this	38895
section applies, the total educational cost to be paid for the	38896
child shall be determined by a formula approved by the department	38897
of education, which formula shall be designed to calculate a per	38898
diem cost for the educational services provided to the child for	38899
each day the child is served and shall reflect the total actual	38900
cost incurred in providing those services. The department shall	38901
certify the total educational cost to be paid for the child to	38902
both the school district providing the educational services and,	38903
if different, the school district that is responsible to pay	38904
tuition for the child. The department shall deduct the certified	38905
amount from the state basic aid funds payable under Chapter 3317.	38906
of the Revised Code to the district responsible to pay tuition and	38907
shall pay that amount to the district providing the educational	38908
services to the child.	38909

(D) Tuition required to be paid under divisions (C)(2) and	38910
(3)(a) of this section shall be computed in accordance with	38911
section 3317.08 of the Revised Code. Tuition required to be paid	38912
under division (C)(3)(b) of this section shall be computed in	38913
accordance with section 3317.081 of the Revised Code. If a home	38914
fails to pay the tuition required by division (C)(3)(b) of this	38915
section, the board of education providing the education may	38916
recover in a civil action the tuition and the expenses incurred in	38917
prosecuting the action, including court costs and reasonable	38918
attorney's fees. If the prosecuting attorney or city director of	38919
law represents the board in such action, costs and reasonable	38920
attorney's fees awarded by the court, based upon the prosecuting	38921
attorney's, director's, or one of their designee's time spent	38922
preparing and presenting the case, shall be deposited in the	38923
county or city general fund.	38924

(E) A board of education may enroll a child free of any	38925
tuition obligation for a period not to exceed sixty days, on the	38926
sworn statement of an adult resident of the district that the	38927
resident has initiated legal proceedings for custody of the child.	38928

(F) In the case of any individual entitled to attend school	38929
under this division, no tuition shall be charged by the school	38930
district of attendance and no other school district shall be	38931
required to pay tuition for the individual's attendance.	38932
Notwithstanding division (B), (C), or (E) of this section:	38933

(1) All persons at least eighteen but under twenty-two years	38934
of age who live apart from their parents, support themselves by	38935
their own labor, and have not successfully completed the high	38936
school curriculum or the individualized education program	38937
developed for the person by the high school pursuant to section	38938
3323.08 of the Revised Code, are entitled to attend school in the	38939
district in which they reside.	38940

(2) Any child under eighteen years of age who is married is	38941
entitled to attend school in the child's district of residence.	38942

(3) A child is entitled to attend school in the district in	38943
which either of the child's parents is employed if the child has a	38944
medical condition that may require emergency medical attention.	38945
The parent of a child entitled to attend school under division	38946
(F)(3) of this section shall submit to the board of education of	38947
the district in which the parent is employed a statement from the	38948
child's physician certifying that the child's medical condition	38949
may require emergency medical attention. The statement shall be	38950
supported by such other evidence as the board may require.	38951

(4) Any child residing with a person other than the child's	38952
parent is entitled, for a period not to exceed twelve months, to	38953
attend school in the district in which that person resides if the	38954
child's parent files an affidavit with the superintendent of the	38955
district in which the person with whom the child is living resides	38956
stating all of the following:	38957

(a) That the parent is serving outside of the state in the	38958
armed services of the United States;	38959

(b) That the parent intends to reside in the district upon	38960
returning to this state;	38961

(c) The name and address of the person with whom the child is	38962
living while the parent is outside the state.	38963

(5) Any child under the age of twenty-two years who, after	38964
the death of a parent, resides in a school district other than the	38965
district in which the child attended school at the time of the	38966
parent's death is entitled to continue to attend school in the	38967
district in which the child attended school at the time of the	38968
parent's death for the remainder of the school year, subject to	38969
approval of that district board.	38970

(6) A child under the age of twenty-two years who resides	38971
with a parent who is having a new house built in a school district	38972
outside the district where the parent is residing is entitled to	38973
attend school for a period of time in the district where the new	38974
house is being built. In order to be entitled to such attendance,	38975
the parent shall provide the district superintendent with the	38976
following:	38977

(a) A sworn statement explaining the situation, revealing the	38978
location of the house being built, and stating the parent's	38979
intention to reside there upon its completion;	38980

(b) A statement from the builder confirming that a new house	38981
is being built for the parent and that the house is at the	38982
location indicated in the parent's statement.	38983

(7) A child under the age of twenty-two years residing with a	38984
parent who has a contract to purchase a house in a school district	38985
outside the district where the parent is residing and who is	38986
waiting upon the date of closing of the mortgage loan for the	38987
purchase of such house is entitled to attend school for a period	38988
of time in the district where the house is being purchased. In	38989
order to be entitled to such attendance, the parent shall provide	38990
the district superintendent with the following:	38991

(a) A sworn statement explaining the situation, revealing the	38992
location of the house being purchased, and stating the parent's	38993
intent to reside there;	38994

(b) A statement from a real estate broker or bank officer	38995
confirming that the parent has a contract to purchase the house,	38996
that the parent is waiting upon the date of closing of the	38997
mortgage loan, and that the house is at the location indicated in	38998
the parent's statement.	38999

The district superintendent shall establish a period of time	39000
not to exceed ninety days during which the child entitled to	39001
attend school under division (F)(6) or (7) of this section may	39002
attend without tuition obligation. A student attending a school	39003
under division (F)(6) or (7) of this section shall be eligible to	39004
participate in interscholastic athletics under the auspices of	39005
that school, provided the board of education of the school	39006
district where the student's parent resides, by a formal action,	39007
releases the student to participate in interscholastic athletics	39008
at the school where the student is attending, and provided the	39009
student receives any authorization required by a public agency or	39010
private organization of which the school district is a member	39011
exercising authority over interscholastic sports.	39012

(8) A child whose parent is a full-time employee of a city,	39013
local, or exempted village school district, or of an educational	39014
service center, may be admitted to the schools of the district	39015
where the child's parent is employed, or in the case of a child	39016
whose parent is employed by an educational service center, in the	39017
district that serves the location where the parent's job is	39018
primarily located, provided the district board of education	39019
establishes such an admission policy by resolution adopted by a	39020
majority of its members. Any such policy shall take effect on the	39021
first day of the school year and the effective date of any	39022
amendment or repeal may not be prior to the first day of the	39023
subsequent school year. The policy shall be uniformly applied to	39024
all such children and shall provide for the admission of any such	39025
child upon request of the parent. No child may be admitted under	39026
this policy after the first day of classes of any school year.	39027

(9) A child who is with the child's parent under the care of	39028
a shelter for victims of domestic violence, as defined in section	39029
3113.33 of the Revised Code, is entitled to attend school free in	39030
the district in which the child is with the child's parent, and no	39031
other school district shall be required to pay tuition for the	39032
child's attendance in that school district.	39033

The enrollment of a child in a school district under this	39034
division shall not be denied due to a delay in the school	39035
district's receipt of any records required under section 3313.672	39036
of the Revised Code or any other records required for enrollment.	39037
Any days of attendance and any credits earned by a child while	39038
enrolled in a school district under this division shall be	39039
transferred to and accepted by any school district in which the	39040
child subsequently enrolls. The state board of education shall	39041
adopt rules to ensure compliance with this division.	39042

(10) Any child under the age of twenty-two years whose parent	39043
has moved out of the school district after the commencement of	39044
classes in the child's senior year of high school is entitled,	39045
subject to the approval of that district board, to attend school	39046
in the district in which the child attended school at the time of	39047
the parental move for the remainder of the school year and for one	39048
additional semester or equivalent term. A district board may also	39049
adopt a policy specifying extenuating circumstances under which a	39050
student may continue to attend school under division (F)(10) of	39051
this section for an additional period of time in order to	39052
successfully complete the high school curriculum for the	39053
individualized education program developed for the student by the	39054
high school pursuant to section 3323.08 of the Revised Code.	39055

(11) As used in this division, "grandparent" means a parent	39056
of a parent of a child. A child under the age of twenty-two years	39057
who is in the custody of the child's parent, resides with a	39058
grandparent, and does not require special education is entitled to	39059
attend the schools of the district in which the child's	39060
grandparent resides, provided that, prior to such attendance in	39061
any school year, the board of education of the school district in	39062
which the child's grandparent resides and the board of education	39063
of the school district in which the child's parent resides enter	39064
into a written agreement specifying that good cause exists for	39065
such attendance, describing the nature of this good cause, and	39066
consenting to such attendance.	39067

In lieu of a consent form signed by a parent, a board of	39068
education may request the grandparent of a child attending school	39069
in the district in which the grandparent resides pursuant to	39070
division (F)(11) of this section to complete any consent form	39071
required by the district, including any authorization required by	39072
sections 3313.712, 3313.713, 3313.716, and 3313.718 of the Revised	39073
Code. Upon request, the grandparent shall complete any consent	39074
form required by the district. A school district shall not incur	39075
any liability solely because of its receipt of a consent form from	39076
a grandparent in lieu of a parent.	39077

Division (F)(11) of this section does not create, and shall	39078
not be construed as creating, a new cause of action or substantive	39079
legal right against a school district, a member of a board of	39080
education, or an employee of a school district. This section does	39081
not affect, and shall not be construed as affecting, any	39082
immunities from defenses to tort liability created or recognized	39083
by Chapter 2744. of the Revised Code for a school district,	39084
member, or employee.	39085

(12) A child under the age of twenty-two years is entitled to	39086
attend school in a school district other than the district in	39087
which the child is entitled to attend school under division (B),	39088
(C), or (E) of this section provided that, prior to such	39089
attendance in any school year, both of the following occur:	39090

(a) The superintendent of the district in which the child is	39091
entitled to attend school under division (B), (C), or (E) of this	39092
section contacts the superintendent of another district for	39093
purposes of this division;	39094

(b) The superintendents of both districts enter into a	39095
written agreement that consents to the attendance and specifies	39096
that the purpose of such attendance is to protect the student's	39097
physical or mental well-being or to deal with other extenuating	39098
circumstances deemed appropriate by the superintendents.	39099

While an agreement is in effect under this division for a	39100
student who is not receiving special education under Chapter 3323.	39101
of the Revised Code and notwithstanding Chapter 3327. of the	39102
Revised Code, the board of education of neither school district	39103
involved in the agreement is required to provide transportation	39104
for the student to and from the school where the student attends.	39105

A student attending a school of a district pursuant to this	39106
division shall be allowed to participate in all student	39107
activities, including interscholastic athletics, at the school	39108
where the student is attending on the same basis as any student	39109
who has always attended the schools of that district while of	39110
compulsory school age.	39111

(13) All school districts shall comply with the	39112
"McKinney-Vento Homeless Assistance Act," 42 U.S.C.A. 11431 et	39113
seq., for the education of homeless children. Each city, local,	39114
and exempted village school district shall comply with the	39115
requirements of that act governing the provision of a free,	39116
appropriate public education, including public preschool, to each	39117
homeless child.	39118

When a child loses permanent housing and becomes a homeless	39119
person, as defined in 42 U.S.C.A. 11481(5), or when a child who is	39120
such a homeless person changes temporary living arrangements, the	39121
child's parent or guardian shall have the option of enrolling the	39122
child in either of the following:	39123

(a) The child's school of origin, as defined in 42 U.S.C.A.	39124
11432(g)(3)(C);	39125

(b) The school that is operated by the school district in	39126
which the shelter where the child currently resides is located and	39127
that serves the geographic area in which the shelter is located.	39128

(14) A child under the age of twenty-two years who resides	39129
with a person other than the child's parent is entitled to attend	39130
school in the school district in which that person resides if both	39131
of the following apply:	39132

(a) That person has been appointed, through a military power	39133
of attorney executed under section 574(a) of the "National Defense	39134
Authorization Act for Fiscal Year 1994," 107 Stat. 1674 (1993), 10	39135
U.S.C. 1044b, or through a comparable document necessary to	39136
complete a family care plan, as the parent's agent for the care,	39137
custody, and control of the child while the parent is on active	39138
duty as a member of the national guard or a reserve unit of the	39139
armed forces of the United States or because the parent is a	39140
member of the armed forces of the United States and is on a duty	39141
assignment away from the parent's residence.	39142

(b) The military power of attorney or comparable document	39143
includes at least the authority to enroll the child in school.	39144

The entitlement to attend school in the district in which the	39145
parent's agent under the military power of attorney or comparable	39146
document resides applies until the end of the school year in which	39147
the military power of attorney or comparable document expires.	39148

(G) A board of education, after approving admission, may	39149
waive tuition for students who will temporarily reside in the	39150
district and who are either of the following:	39151

(1) Residents or domiciliaries of a foreign nation who	39152
request admission as foreign exchange students;	39153

(2) Residents or domiciliaries of the United States but not	39154
of Ohio who request admission as participants in an exchange	39155
program operated by a student exchange organization.	39156

(H) Pursuant to sections 3311.211, 3313.90, 3319.01, 3323.04,	39157
3327.04, and 3327.06 of the Revised Code, a child may attend	39158
school or participate in a special education program in a school	39159
district other than in the district where the child is entitled to	39160
attend school under division (B) of this section.	39161

(I)(1) Notwithstanding anything to the contrary in this	39162
section or section 3313.65 of the Revised Code, a child under	39163
twenty-two years of age may attend school in the school district	39164
in which the child, at the end of the first full week of October	39165
of the school year, was entitled to attend school as otherwise	39166
provided under this section or section 3313.65 of the Revised	39167
Code, if at that time the child was enrolled in the schools of the	39168
district but since that time the child or the child's parent has	39169
relocated to a new address located outside of that school district	39170
and within the same county as the child's or parent's address	39171
immediately prior to the relocation. The child may continue to	39172
attend school in the district, and at the school to which the	39173
child was assigned at the end of the first full week of October of	39174
the current school year, for the balance of the school year.	39175
Division (I)(1) of this section applies only if both of the	39176
following conditions are satisfied:	39177

(a) The board of education of the school district in which	39178
the child was entitled to attend school at the end of the first	39179
full week in October and of the district to which the child or	39180
child's parent has relocated each has adopted a policy to enroll	39181
children described in division (I)(1) of this section.	39182

(b) The child's parent provides written notification of the	39183
relocation outside of the school district to the superintendent of	39184
each of the two school districts.	39185

(2) At the beginning of the school year following the school	39186
year in which the child or the child's parent relocated outside of	39187
the school district as described in division (I)(1) of this	39188
section, the child is not entitled to attend school in the school	39189
district under that division.	39190

(3) Any person or entity owing tuition to the school district	39191
on behalf of the child at the end of the first full week in	39192
October, as provided in division (C) of this section, shall	39193
continue to owe such tuition to the district for the child's	39194
attendance under division (I)(1) of this section for the lesser of	39195
the balance of the school year or the balance of the time that the	39196
child attends school in the district under division (I)(1) of this	39197
section.	39198

(4) A pupil who may attend school in the district under	39199
division (I)(1) of this section shall be entitled to	39200
transportation services pursuant to an agreement between the	39201
district and the district in which the child or child's parent has	39202
relocated unless the districts have not entered into such	39203
agreement, in which case the child shall be entitled to	39204
transportation services in the same manner as a pupil attending	39205
school in the district under interdistrict open enrollment as	39206
described in division (H) of section 3313.981 of the Revised Code,	39207
regardless of whether the district has adopted an open enrollment	39208
policy as described in division (B)(1)(b) or (c) of section	39209
3313.98 of the Revised Code.	39210

(J) This division does not apply to a child receiving special	39211
education.	39212

A school district required to pay tuition pursuant to	39213
division (C)(2) or (3) of this section or section 3313.65 of the	39214
Revised Code shall have an amount deducted under division ~~(F)~~(C)	39215
of section 3317.023 of the Revised Code equal to its own tuition	39216
rate for the same period of attendance. A school district entitled	39217
to receive tuition pursuant to division (C)(2) or (3) of this	39218
section or section 3313.65 of the Revised Code shall have an	39219
amount credited under division ~~(F)~~(C) of section 3317.023 of the	39220
Revised Code equal to its own tuition rate for the same period of	39221
attendance. If the tuition rate credited to the district of	39222
attendance exceeds the rate deducted from the district required to	39223
pay tuition, the department of education shall pay the district of	39224
attendance the difference from amounts deducted from all	39225
districts' payments under division ~~(F)~~(C) of section 3317.023 of	39226
the Revised Code but not credited to other school districts under	39227
such division and from appropriations made for such purpose. The	39228
treasurer of each school district shall, by the fifteenth day of	39229
January and July, furnish the superintendent of public instruction	39230
a report of the names of each child who attended the district's	39231
schools under divisions (C)(2) and (3) of this section or section	39232
3313.65 of the Revised Code during the preceding six calendar	39233
months, the duration of the attendance of those children, the	39234
school district responsible for tuition on behalf of the child,	39235
and any other information that the superintendent requires.	39236

Upon receipt of the report the superintendent, pursuant to	39237
division ~~(F)~~(C) of section 3317.023 of the Revised Code, shall	39238
deduct each district's tuition obligations under divisions (C)(2)	39239
and (3) of this section or section 3313.65 of the Revised Code and	39240
pay to the district of attendance that amount plus any amount	39241
required to be paid by the state.	39242

(K) In the event of a disagreement, the superintendent of	39243
public instruction shall determine the school district in which	39244
the parent resides.	39245

(L) Nothing in this section requires or authorizes, or shall	39246
be construed to require or authorize, the admission to a public	39247
school in this state of a pupil who has been permanently excluded	39248
from public school attendance by the superintendent of public	39249
instruction pursuant to sections 3301.121 and 3313.662 of the	39250
Revised Code.	39251

(M) In accordance with division (B)(1) of this section, a	39252
child whose parent is a member of the national guard or a reserve	39253
unit of the armed forces of the United States and is called to	39254
active duty, or a child whose parent is a member of the armed	39255
forces of the United States and is ordered to a temporary duty	39256
assignment outside of the district, may continue to attend school	39257
in the district in which the child's parent lived before being	39258
called to active duty or ordered to a temporary duty assignment	39259
outside of the district, as long as the child's parent continues	39260
to be a resident of that district, and regardless of where the	39261
child lives as a result of the parent's active duty status or	39262
temporary duty assignment. However, the district is not	39263
responsible for providing transportation for the child if the	39264
child lives outside of the district as a result of the parent's	39265
active duty status or temporary duty assignment.	39266

Sec. 3313.6410. This section applies to any school that is	39267
operated by a school district and in which the enrolled students	39268
work primarily on assignments in nonclassroom-based learning	39269
opportunities provided via an internet- or other computer-based	39270
instructional method.	39271

(A) Any school to which this section applies shall withdraw	39272
from the school any student who, for two consecutive school years,	39273
has failed to participate in the spring administration of any	39274
assessment prescribed under section 3301.0710 or 3301.0712 of the	39275
Revised Code for the student's grade level and was not excused	39276
from the assessment pursuant to division (C)(1) or (3) of section	39277
3301.0711 of the Revised Code, regardless of whether a waiver was	39278
granted for the student under division (E) of section 3317.03 of	39279
the Revised Code. The school shall report any such student's data	39280
verification code, as assigned pursuant to section 3301.0714 of	39281
the Revised Code, to the department of education to be added to	39282
the list maintained by the department under section 3314.26 of the	39283
Revised Code.	39284

(B) No school to which this section applies shall receive any	39285
state funds under Chapter ~~3306. or~~ 3317. of the Revised Code for	39286
any enrolled student whose data verification code appears on the	39287
list maintained by the department under section 3314.26 of the	39288
Revised Code. Notwithstanding any provision of the Revised Code to	39289
the contrary, the parent of any such student shall pay tuition to	39290
the school district that operates the school in an amount equal to	39291
the state funds the district otherwise would receive for that	39292
student, as determined by the department. A school to which this	39293
section applies may withdraw any student for whom the parent does	39294
not pay tuition as required by this division.	39295

Sec. 3313.65. (A) As used in this section and section	39296
3313.64 of the Revised Code:	39297

(1) A person is "in a residential facility" if the person is	39298
a resident or a resident patient of an institution, home, or other	39299
residential facility that is:	39300

(a) Licensed as a nursing home, residential care facility, or	39301
home for the aging by the director of health under section 3721.02	39302
of the Revised Code;	39303

(b) Licensed as an adult care facility by the director of	39304
mental health under ~~Chapter 3722.~~sections 5119.70 to 5119.88 of	39305
the Revised Code;	39306

(c) Maintained as a county home or district home by the board	39307
of county commissioners or a joint board of county commissioners	39308
under Chapter 5155. of the Revised Code;	39309

(d) Operated or administered by a board of alcohol, drug	39310
addiction, and mental health services under section 340.03 or	39311
340.06 of the Revised Code, or provides residential care pursuant	39312
to contracts made under section 340.03 or 340.033 of the Revised	39313
Code;	39314

(e) Maintained as a state institution for the mentally ill	39315
under Chapter 5119. of the Revised Code;	39316

(f) Licensed by the department of mental health under section	39317
5119.20 or 5119.22 of the Revised Code;	39318

(g) Licensed as a residential facility by the department of	39319
developmental disabilities under section 5123.19 of the Revised	39320
Code;	39321

(h) Operated by the veteran's administration or another	39322
agency of the United States government;	39323

(i) The Ohio soldiers' and sailors' home.

39324

(2) A person is "in a correctional facility" if any of the	39325
following apply:	39326

(a) The person is an Ohio resident and is:

39327

(i) Imprisoned, as defined in section 1.05 of the Revised	39328
Code;	39329

(ii) Serving a term in a community-based correctional	39330
facility or a district community-based correctional facility;	39331

(iii) Required, as a condition of parole, a post-release	39332
control sanction, a community control sanction, transitional	39333
control, or early release from imprisonment, as a condition of	39334
shock parole or shock probation granted under the law in effect	39335
prior to July 1, 1996, or as a condition of a furlough granted	39336
under the version of section 2967.26 of the Revised Code in effect	39337
prior to March 17, 1998, to reside in a halfway house or other	39338
community residential center licensed under section 2967.14 of the	39339
Revised Code or a similar facility designated by the court of	39340
common pleas that established the condition or by the adult parole	39341
authority.	39342

(b) The person is imprisoned in a state correctional	39343
institution of another state or a federal correctional institution	39344
but was an Ohio resident at the time the sentence was imposed for	39345
the crime for which the person is imprisoned.	39346

(3) A person is "in a juvenile residential placement" if the	39347
person is an Ohio resident who is under twenty-one years of age	39348
and has been removed, by the order of a juvenile court, from the	39349
place the person resided at the time the person became subject to	39350
the court's jurisdiction in the matter that resulted in the	39351
person's removal.	39352

(4) "Community control sanction" has the same meaning as in	39353
section 2929.01 of the Revised Code.	39354

(5) "Post-release control sanction" has the same meaning as	39355
in section 2967.01 of the Revised Code.	39356

(B) If the circumstances described in division (C) of this	39357
section apply, the determination of what school district must	39358
admit a child to its schools and what district, if any, is liable	39359
for tuition shall be made in accordance with this section, rather	39360
than section 3313.64 of the Revised Code.	39361

(C) A child who does not reside in the school district in	39362
which the child's parent resides and for whom a tuition obligation	39363
previously has not been established under division (C)(2) of	39364
section 3313.64 of the Revised Code shall be admitted to the	39365
schools of the district in which the child resides if at least one	39366
of the child's parents is in a residential or correctional	39367
facility or a juvenile residential placement and the other parent,	39368
if living and not in such a facility or placement, is not known to	39369
reside in this state.	39370

(D) Regardless of who has custody or care of the child,	39371
whether the child resides in a home, or whether the child receives	39372
special education, if a district admits a child under division (C)	39373
of this section, tuition shall be paid to that district as	39374
follows:	39375

(1) If the child's parent is in a juvenile residential	39376
placement, by the district in which the child's parent resided at	39377
the time the parent became subject to the jurisdiction of the	39378
juvenile court;	39379

(2) If the child's parent is in a correctional facility, by	39380
the district in which the child's parent resided at the time the	39381
sentence was imposed;	39382

(3) If the child's parent is in a residential facility, by	39383
the district in which the parent resided at the time the parent	39384
was admitted to the residential facility, except that if the	39385
parent was transferred from another residential facility, tuition	39386
shall be paid by the district in which the parent resided at the	39387
time the parent was admitted to the facility from which the parent	39388
first was transferred;	39389

(4) In the event of a disagreement as to which school	39390
district is liable for tuition under division (C)(1), (2), or (3)	39391
of this section, the superintendent of public instruction shall	39392
determine which district shall pay tuition.	39393

(E) If a child covered by division (D) of this section	39394
receives special education in accordance with Chapter 3323. of the	39395
Revised Code, the tuition shall be paid in accordance with section	39396
3323.13 or 3323.14 of the Revised Code. Tuition for children who	39397
do not receive special education shall be paid in accordance with	39398
division (J) of section 3313.64 of the Revised Code.	39399

Sec. 3313.842. (A) The boards of education or governing	39400
authorities of any two or more school districts or community	39401
schools may enter into an agreement for joint or cooperative	39402
establishment and operation of any educational program including	39403
any class, course, or program that may be included in a school	39404
district's or community school's graded course of study and staff	39405
development programs for teaching and nonteaching school	39406
employees. Each school district or community school that is party	39407
to such an agreement may contribute funds of the district or	39408
school in support of the agreement and for the establishment and	39409
operation of any educational program established under the	39410
agreement. The agreement shall designate one of the districts or	39411
community schools as ~~the district~~ responsible for receiving and	39412
disbursing the funds contributed by the ~~districts that are~~ parties	39413
to the agreement.	39414

(B) Notwithstanding sections 3313.48 and 3313.64 of the	39415
Revised Code, any school district that is party to an agreement	39416
for joint or cooperative establishment and operation of an	39417
educational program may charge fees or tuition for students who	39418
participate in the program and are entitled to attend school in	39419
the district under section 3313.64 or 3313.65 of the Revised Code.	39420
Except as otherwise provided in division (H) of section 3321.01 of	39421
the Revised Code, no community school that is party to the	39422
agreement shall charge fees or tuition for students who	39423
participate in the program and are reported by the school under	39424
division (B)(2) of section 3314.08 of the Revised Code.	39425

Sec. 3313.843. (A) Notwithstanding division (D) of section	39426
3311.52 of the Revised Code, this section does not apply to ~~either~~	39427
~~of the following:~~	39428

~~(1) Any~~any cooperative education school district;

39429

~~(2) Any city or exempted village school district with a total~~	39430
~~student count of thirteen thousand or more determined pursuant to~~	39431
~~section 3317.03 of the Revised Code that has not entered into one~~	39432
~~or more agreements pursuant to this section prior to July 1, 1993,~~	39433
~~unless the district's total student count did not exceed thirteen~~	39434
~~thousand at the time it entered into an initial agreement under~~	39435
~~this section~~.	39436

(B)(1) The board of education of aeach city or, exempted	39437
village, or local school district ~~and~~with a student count of	39438
sixteen thousand or less, as defined in section 3301.011 of the	39439
Revised Code, shall enter into an agreement with the governing	39440
board of an educational service center ~~may enter into an~~	39441
~~agreement, through adoption of identical resolutions~~, under which	39442
the educational service center governing board will provide	39443
services to the ~~city or exempted village school~~ district.	39444

(2) The board of education of a city, exempted village, or	39445
local school district with a student count of more than sixteen	39446
thousand, as determined by its average daily membership, may enter	39447
into an agreement with the governing board of an educational	39448
service center, under which the educational service center	39449
governing board will provide services to the district.	39450

(3) Services provided under ~~the~~an agreement entered into	39451
under division (B)(1) or (2) of this section shall be specified in	39452
the agreement, and may include any ~~one or a combination~~ of the	39453
following: supervisory teachers; in-service and continuing	39454
education programs for ~~city or exempted village school~~ district	39455
personnel; curriculum services ~~as provided to the local school~~	39456
~~districts under the supervision of the service center governing~~	39457
~~board~~; research and development programs; academic instruction for	39458
which the governing board employs teachers pursuant to section	39459
3319.02 of the Revised Code; ~~and~~ assistance in the provision of	39460
special accommodations and classes for students with disabilities;	39461
or any other services the district board and service center	39462
governing board agree can be better provided by the service center	39463
and are not provided under an agreement entered into under section	39464
3313.845 of the Revised Code. Services included in the agreement	39465
shall be provided to the ~~city or exempted village~~ district in the	39466
~~same~~ manner ~~they are provided to local school districts under the~~	39467
~~governing board's supervision, unless otherwise~~ specified in the	39468
agreement. The ~~city or exempted village~~district board of	39469
education shall reimburse the educational service center governing	39470
board pursuant to section 3317.11 of the Revised Code.	39471

(C) ~~If an educational service center received funding under~~	39472
~~division (B) of former section 3317.11 or division (F) of section~~	39473
~~3317.11 of the Revised Code for an agreement under this section~~	39474
~~involving a city school district whose total student count was~~	39475
~~less than thirteen thousand, the service center may continue to~~	39476
~~receive funding under that division for such an agreement in any~~	39477
~~subsequent year if the city district's total student count exceeds~~	39478
~~thirteen thousand. However, only the first thirteen thousand~~	39479
~~pupils in the formula ADM of such district shall be included in~~	39480
~~determining the amount of the per pupil subsidy the service center~~	39481
~~shall receive under division (F) of section 3317.11 of the Revised~~	39482
~~Code.~~	39483

~~(D)~~ Any agreement entered into pursuant to this section shall	39484
be ~~valid only if a copy is~~ filed with the department of education	39485
by the first day of July of the school year for which the	39486
agreement is in effect.	39487

(D)(1) An agreement for services from an educational service	39488
center entered into under this section may be terminated by the	39489
school district board of education, at its option, by notifying	39490
the governing board of the service center by the first day of	39491
January of any odd-numbered year thereafter, that the district	39492
board intends to terminate the agreement in that year, and that	39493
termination shall be effective on the thirtieth day of June of	39494
that year. The failure of a district board to notify an	39495
educational service center of its intent to terminate an agreement	39496
by the first day of January of an odd-numbered year shall result	39497
in renewal of the existing agreement for the following two school	39498
years.	39499

(2) If the school district that terminates an agreement for	39500
services under division (D)(1) of this section is also subject to	39501
the requirement of division (B)(1) of this section, the district	39502
board shall enter into a new agreement with a different	39503
educational service center so that the new agreement is effective	39504
on the first day of July of that same year.	39505

Sec. 3313.845. The board of education of a city, exempted	39506
village, or local school district and the governing board of an	39507
educational service center may enter into an agreement~~, through~~	39508
~~adoption of identical resolutions,~~ under which the educational	39509
service center will provide services to the school district.	39510
Services provided under the agreement and the amount to be paid	39511
for such services shall be mutually agreed to by the district	39512
board of education and the service center governing board, and	39513
shall be specified in the agreement. Payment for services	39514
specified in the agreement shall be made pursuant to division (D)	39515
of section 3317.11 of the Revised Code and shall not include any	39516
deduction under division (B), (C), or (F) of that section. Any	39517
agreement entered into pursuant to this section shall be valid	39518
only if a copy is filed with the department of education by the	39519
first day of the school year for which the agreement is in effect.	39520

The authority granted under this section to the boards of	39521
education of city ~~and~~, exempted village, and local school	39522
districts is in addition to the authority granted to such boards	39523
under section 3313.843 of the Revised Code. ~~No city or exempted~~	39524
~~village district that is eligible to receive services from an~~	39525
~~educational service center under section 3313.843 of the Revised~~	39526
~~Code may receive any of the services described in division (B) of~~	39527
~~that section pursuant to an agreement entered into with an~~	39528
~~educational service center under this section.~~	39529

~~If a local school district enters into an agreement with an~~	39530
~~educational service center under this section and the district is~~	39531
~~not located within the territory of the service center, the~~	39532
~~agreement shall not require the district to receive any~~	39533
~~supervisory services described in division (B) of section 3317.11~~	39534
~~of the Revised Code from the service center. The supervisory~~	39535
~~services described in that section shall be provided to the~~	39536
~~district by the educational service center of the territory in~~	39537
~~which the district is located.~~	39538

Sec. 3313.846. The governing board of an educational service	39539
center may enter into a contract with any political subdivision as	39540
defined in section 2744.01 of the Revised Code, not including	39541
school districts, community schools, or STEM schools contracting	39542
for services under section 3313.843, 3313.844, 3313.845, or	39543
3326.45 of the Revised Code, under which the educational service	39544
center will provide services to the political subdivision.	39545
Services provided under the contract and the amount to be paid for	39546
such services shall be mutually agreed to by the parties and shall	39547
be specified in the contract. The political subdivision shall	39548
directly pay an educational service center for services specified	39549
in the contract. The board of the educational service center shall	39550
file a copy of each contract entered into under this section with	39551
the department of education by the first day the contract is in	39552
effect.	39553

Sec. 3313.88. (A)(1) Prior to the first day of August of	39554
each school year, the board of education of any school district or	39555
the governing authority of any chartered nonpublic school may	39556
submit to the department of education a plan to require students	39557
to access and complete classroom lessons posted on the district's	39558
or nonpublic school's web portal or web site in order to make up	39559
days in that school year on which it is necessary to close schools	39560
for any of the reasons specified in division (B) of section	39561
3317.01 of the Revised Code in excess of the number of days	39562
permitted under sections 3313.48, 3313.481, and 3317.01 of the	39563
Revised Code.	39564

Prior to the first day of August of each school year, the	39565
governing authority of any community school established under	39566
Chapter 3314. that is not an internet- or computer-based community	39567
school, as defined in section 3314.02 of the Revised Code, may	39568
submit to the department a plan to require students to access and	39569
complete classroom lessons posted on the school's web portal or	39570
web site in order to make up days or hours in that school year on	39571
which it is necessary to close the school for any of the reasons	39572
specified in division (L)(4) of section 3314.08 of the Revised	39573
Code so that the school is in compliance with the minimum number	39574
of hours required under Chapter 3314. of the Revised Code.	39575

A plan submitted by a school district board or chartered	39576
nonpublic school governing authority shall provide for making up	39577
any number of days, up to a maximum of three days. A plan	39578
submitted by a community school governing authority shall provide	39579
for making up any number of hours, up to a maximum of the	39580
equivalent of three days. Provided the plan meets all requirements	39581
of this section, the department shall permit the board or	39582
governing authority to implement the plan for the applicable	39583
school year.	39584

(2) Each plan submitted under this section by a school	39585
district board of education shall include the written consent of	39586
the teachers' employee representative designated under division	39587
(B) of section 4117.04 of the Revised Code.	39588

(3) Each plan submitted under this section shall provide for	39589
the following:	39590

(a) Not later than the first day of November of the school	39591
year, each classroom teacher shall develop a sufficient number of	39592
lessons for each course taught by the teacher that school year to	39593
cover the number of make-up days or hours specified in the plan.	39594
The teacher shall designate the order in which the lessons are to	39595
be posted on the district's, community school's, or nonpublic	39596
school's web portal or web site in the event of a school closure.	39597
Teachers may be granted up to one professional development day to	39598
create lesson plans for those lessons.	39599

(b) To the extent possible and necessary, a classroom teacher	39600
shall update or replace, based on current instructional progress,	39601
one or more of the lesson plans developed under division (A)(3)(a)	39602
of this section before they are posted on the web portal or web	39603
site under division (A)(3)(c) of this section or distributed under	39604
division (B) of this section.	39605

(c) As soon as practicable after a school closure, a district	39606
or school employee responsible for web portal or web site	39607
operations shall make the designated lessons available to students	39608
on the district's, community school's, or nonpublic school's	39609
portal or site. A lesson shall be posted for each course that was	39610
scheduled to meet on the day or hours of the closure.	39611

(d) Each student enrolled in a course for which a lesson is	39612
posted on the portal or site shall be granted a two-week period	39613
from the date of posting to complete the lesson. The student's	39614
classroom teacher shall grade the lesson in the same manner as	39615
other lessons. The student may receive an incomplete or failing	39616
grade if the lesson is not completed on time.	39617

(e) If a student does not have access to a computer at the	39618
student's residence and the plan does not include blizzard bags	39619
under division (B) of this section, the student shall be permitted	39620
to work on the posted lessons at school after the student's school	39621
reopens. If the lessons were posted prior to the reopening, the	39622
student shall be granted a two-week period from the date of the	39623
reopening, rather than from the date of posting as otherwise	39624
required under division (A)(3)(d) of this section, to complete the	39625
lessons. The district board or community school or nonpublic	39626
school governing authority may provide the student access to a	39627
computer before, during, or after the regularly scheduled school	39628
day or may provide a substantially similar paper lesson in order	39629
to complete the lessons.	39630

(B)(1) In addition to posting classroom lessons online under	39631
division (A) of this section, the board of education of any school	39632
district or governing authority of any community or chartered	39633
nonpublic school may include in the plan distribution of "blizzard	39634
bags," which are paper copies of the lessons posted online.	39635

(2) If a school opts to use blizzard bags, teachers shall	39636
prepare paper copies in conjunction with the lessons to be posted	39637
online and update the paper copies whenever the teacher updates	39638
the online lesson plans.	39639

(3) The board of education of any school district or	39640
governing authority of any community or chartered nonpublic school	39641
that opts to use blizzard bags shall specify in the plan the	39642
method of distribution of blizzard bag lessons, which may include,	39643
but not be limited to, requiring distribution by a specific	39644
deadline or requiring distribution prior to anticipated school	39645
closure as directed by the superintendent of a school district or	39646
the principal, director, chief administrative officer, or the	39647
equivalent, of a school.	39648

(4) Students shall turn in completed lessons in accordance	39649
with division (A)(3)(d) of this section.	39650

(C)(1) No school district that implements a plan in	39651
accordance with this section shall be considered to have failed to	39652
comply with division (B) of section 3317.01 of the Revised Code	39653
with respect to the number of make-up days specified in the plan.	39654

(2) No community school that implements a plan in accordance	39655
with this section shall be considered to have failed to comply	39656
with the minimum number of hours required under Chapter 3314. of	39657
the Revised Code with respect to the number of make-up hours	39658
specified in the plan.	39659

Sec. 3313.975. As used in this section and in sections	39660
3313.975 to 3313.979 of the Revised Code, "the pilot project	39661
school district" or "the district" means any school district	39662
included in the pilot project scholarship program pursuant to this	39663
section.	39664

(A) The superintendent of public instruction shall establish	39665
a pilot project scholarship program and shall include in such	39666
program any school districts that are or have ever been under	39667
federal court order requiring supervision and operational	39668
management of the district by the state superintendent. The	39669
program shall provide for a number of students residing in any	39670
such district to receive scholarships to attend alternative	39671
schools, and for an equal number of students to receive tutorial	39672
assistance grants while attending public school in any such	39673
district.	39674

(B) The state superintendent shall establish an application	39675
process and deadline for accepting applications from students	39676
residing in the district to participate in the scholarship	39677
program. In the initial year of the program students may only use	39678
a scholarship to attend school in grades kindergarten through	39679
third.	39680

The state superintendent shall award as many scholarships and	39681
tutorial assistance grants as can be funded given the amount	39682
appropriated for the program. In no case, however, shall more than	39683
fifty per cent of all scholarships awarded be used by students who	39684
were enrolled in a nonpublic school during the school year of	39685
application for a scholarship.	39686

(C)(1) The pilot project program shall continue in effect	39687
each year that the general assembly has appropriated sufficient	39688
money to fund scholarships and tutorial assistance grants. In each	39689
year the program continues, no new students may receive	39690
scholarships ~~unless they are enrolled~~ in grades kindergarten to	39691
~~eight~~twelve. ~~However, any~~A student who has received a	39692
scholarship ~~the preceding year~~ may continue to receive one until	39693
the student has completed grade ~~ten. Beginning in the 2005-2006~~	39694
~~academic year, a student who previously has received a scholarship~~	39695
~~may receive a scholarship in grade eleven. Beginning in the~~	39696
~~2006-2007 academic year, a student who previously has received a~~	39697
~~scholarship may receive a scholarship in grade~~ twelve.	39698

(2) If the general assembly discontinues the scholarship	39699
program, all students who are attending an alternative school	39700
under the pilot project shall be entitled to continued admittance	39701
to that specific school through all grades that are provided in	39702
such school, under the same conditions as when they were	39703
participating in the pilot project. The state superintendent shall	39704
continue to make scholarship payments in accordance with division	39705
(A) or (B) of section 3313.979 of the Revised Code for students	39706
who remain enrolled in an alternative school under this provision	39707
in any year that funds have been appropriated for this purpose.	39708

If funds are not appropriated, the tuition charged to the	39709
parents of a student who remains enrolled in an alternative school	39710
under this provision shall not be increased beyond the amount	39711
equal to the amount of the scholarship plus any additional amount	39712
charged that student's parent in the most recent year of	39713
attendance as a participant in the pilot project, except that	39714
tuition for all the students enrolled in such school may be	39715
increased by the same percentage.	39716

(D) Notwithstanding sections 124.39, 3307.54, and 3319.17 of	39717
the Revised Code, if the pilot project school district experiences	39718
a decrease in enrollment due to participation in a state-sponsored	39719
scholarship program pursuant to sections 3313.974 to 3313.979 of	39720
the Revised Code, the district board of education may enter into	39721
an agreement with any teacher it employs to provide to that	39722
teacher severance pay or early retirement incentives, or both, if	39723
the teacher agrees to terminate the employment contract with the	39724
district board, provided any collective bargaining agreement in	39725
force pursuant to Chapter 4117. of the Revised Code does not	39726
prohibit such an agreement for termination of a teacher's	39727
employment contract.	39728

Sec. 3313.978. (A) Annually by the first day of November,	39729
the superintendent of public instruction shall notify the pilot	39730
project school district of the number of initial scholarships that	39731
the state superintendent will be awarding in each of grades	39732
kindergarten through ~~eight~~twelve.	39733

The state superintendent shall provide information about the	39734
scholarship program to all students residing in the district,	39735
shall accept applications from any such students until such date	39736
as shall be established by the state superintendent as a deadline	39737
for applications, and shall establish criteria for the selection	39738
of students to receive scholarships from among all those applying	39739
prior to the deadline, which criteria shall give preference to	39740
students from low-income families. For each student selected, the	39741
state superintendent shall also determine whether the student	39742
qualifies for seventy-five or ninety per cent of the scholarship	39743
amount. Students whose family income is at or above two hundred	39744
per cent of the maximum income level established by the state	39745
superintendent for low-income families shall qualify for	39746
seventy-five per cent of the scholarship amount and students whose	39747
family income is below two hundred per cent of that maximum income	39748
level shall qualify for ninety per cent of the scholarship amount.	39749
The state superintendent shall notify students of their selection	39750
prior to the fifteenth day of January and whether they qualify for	39751
seventy-five or ninety per cent of the scholarship amount.	39752

(1) A student receiving a pilot project scholarship may	39753
utilize it at an alternative public school by notifying the	39754
district superintendent, at any time before the beginning of the	39755
school year, of the name of the public school in an adjacent	39756
school district to which the student has been accepted pursuant to	39757
section 3327.06 of the Revised Code.	39758

(2) A student may decide to utilize a pilot project	39759
scholarship at a registered private school in the district if all	39760
of the following conditions are met:	39761

(a) By the fifteenth day of February of the preceding school	39762
year, or at any time prior to the start of the school year, the	39763
parent makes an application on behalf of the student to a	39764
registered private school.	39765

(b) The registered private school notifies the parent and the	39766
state superintendent as follows that the student has been	39767
admitted:	39768

(i) By the fifteenth day of March of the preceding school	39769
year if the student filed an application by the fifteenth day of	39770
February and was admitted by the school pursuant to division (A)	39771
of section 3313.977 of the Revised Code;	39772

(ii) Within one week of the decision to admit the student if	39773
the student is admitted pursuant to division (C) of section	39774
3313.977 of the Revised Code.	39775

(c) The student actually enrolls in the registered private	39776
school to which the student was first admitted or in another	39777
registered private school in the district or in a public school in	39778
an adjacent school district.	39779

(B) The state superintendent shall also award in any school	39780
year tutorial assistance grants to a number of students equal to	39781
the number of students who receive scholarships under division (A)	39782
of this section. Tutorial assistance grants shall be awarded	39783
solely to students who are enrolled in the public schools of the	39784
district in a grade level covered by the pilot project. Tutorial	39785
assistance grants may be used solely to obtain tutorial assistance	39786
from a provider approved pursuant to division (D) of section	39787
3313.976 of the Revised Code.	39788

All students wishing to obtain tutorial assistance grants	39789
shall make application to the state superintendent by the first	39790
day of the school year in which the assistance will be used. The	39791
state superintendent shall award assistance grants in accordance	39792
with criteria the superintendent shall establish. For each student	39793
awarded a grant, the state superintendent shall also determine	39794
whether the student qualifies for seventy-five or ninety per cent	39795
of the grant amount and so notify the student. Students whose	39796
family income is at or above two hundred per cent of the maximum	39797
income level established by the state superintendent for	39798
low-income families shall qualify for seventy-five per cent of the	39799
grant amount and students whose family income is below two hundred	39800
per cent of that maximum income level shall qualify for ninety per	39801
cent of the grant amount.	39802

(C)(1) In the case of basic scholarships for students in	39803
grades kindergarten through eight, the scholarship amount shall	39804
not exceed the lesser of the tuition charges of the alternative	39805
school the scholarship recipient attends or three thousand dollars	39806
before fiscal year 2007 ~~and~~, three thousand four hundred fifty	39807
dollars in fiscal year 2007 through fiscal year 2011, and four	39808
thousand two hundred fifty dollars in fiscal year 2012 and	39809
thereafter.	39810

In the case of basic scholarships for students in grades nine	39811
through twelve, the scholarship amount shall not exceed the lesser	39812
of the tuition charges of the alternative school the scholarship	39813
recipient attends or two thousand seven hundred dollars before	39814
fiscal year 2007 ~~and~~, three thousand four hundred fifty dollars in	39815
fiscal year 2007 through fiscal year 2011, and five thousand	39816
dollars in fiscal year 2012 and thereafter.	39817

(2) The state superintendent shall provide for an increase in	39818
the basic scholarship amount in the case of any student who is a	39819
mainstreamed student with a disability and shall further increase	39820
such amount in the case of any separately educated student with a	39821
disability. Such increases shall take into account the	39822
instruction, related services, and transportation costs of	39823
educating such students.	39824

(3) In the case of tutorial assistance grants, the grant	39825
amount shall not exceed the lesser of the provider's actual	39826
charges for such assistance or:	39827

(a) Before fiscal year 2007, a percentage established by the	39828
state superintendent, not to exceed twenty per cent, of the amount	39829
of the pilot project school district's average basic scholarship	39830
amount;	39831

(b) In fiscal year 2007 and thereafter, four hundred dollars.

39832

(4) No scholarship or tutorial assistance grant shall be	39833
awarded unless the state superintendent determines that	39834
twenty-five or ten per cent, as applicable, of the amount	39835
specified for such scholarship or grant pursuant to division	39836
(C)(1), (2), or (3) of this section will be furnished by a	39837
political subdivision, a private nonprofit or for profit entity,	39838
or another person. Only seventy-five or ninety per cent of such	39839
amounts, as applicable, shall be paid from state funds pursuant to	39840
section 3313.979 of the Revised Code.	39841

(D)(1) Annually by the first day of November, the state	39842
superintendent shall estimate the maximum per-pupil scholarship	39843
amounts for the ensuing school year. The state superintendent	39844
shall make this estimate available to the general public at the	39845
offices of the district board of education together with the forms	39846
required by division (D)(2) of this section.	39847

(2) Annually by the fifteenth day of January, the chief	39848
administrator of each registered private school located in the	39849
pilot project district and the principal of each public school in	39850
such district shall complete a parental information form and	39851
forward it to the president of the board of education. The	39852
parental information form shall be prescribed by the department of	39853
education and shall provide information about the grade levels	39854
offered, the numbers of students, tuition amounts, achievement	39855
test results, and any sectarian or other organizational	39856
affiliations.	39857

(E)(1) Only for the purpose of administering the pilot	39858
project scholarship program, the department may request from any	39859
of the following entities the data verification code assigned	39860
under division (D)(2) of section 3301.0714 of the Revised Code to	39861
any student who is seeking a scholarship under the program:	39862

(a) The school district in which the student is entitled to	39863
attend school under section 3313.64 or 3313.65 of the Revised	39864
Code;	39865

(b) If applicable, the community school in which the student	39866
is enrolled;	39867

(c) The independent contractor engaged to create and maintain	39868
data verification codes.	39869

(2) Upon a request by the department under division (E)(1) of	39870
this section for the data verification code of a student seeking a	39871
scholarship or a request by the student's parent for that code,	39872
the school district or community school shall submit that code to	39873
the department or parent in the manner specified by the	39874
department. If the student has not been assigned a code, because	39875
the student will be entering kindergarten during the school year	39876
for which the scholarship is sought, the district shall assign a	39877
code to that student and submit the code to the department or	39878
parent by a date specified by the department. If the district does	39879
not assign a code to the student by the specified date, the	39880
department shall assign a code to the student.	39881

The department annually shall submit to each school district	39882
the name and data verification code of each student residing in	39883
the district who is entering kindergarten, who has been awarded a	39884
scholarship under the program, and for whom the department has	39885
assigned a code under this division.	39886

(3) The department shall not release any data verification	39887
code that it receives under division (E) of this section to any	39888
person except as provided by law.	39889

(F) Any document relative to the pilot project scholarship	39890
program that the department holds in its files that contains both	39891
a student's name or other personally identifiable information and	39892
the student's data verification code shall not be a public record	39893
under section 149.43 of the Revised Code.	39894

(G)(1) The department annually shall compile the scores	39895
attained by scholarship students enrolled in registered private	39896
schools on the assessments administered to the students pursuant	39897
to division (A)(11) of section 3313.976 of the Revised Code. The	39898
scores shall be aggregated as follows:	39899

(a) By school district, which shall include all scholarship	39900
students residing in the pilot project school district who are	39901
enrolled in a registered private school and were required to take	39902
an assessment pursuant to division (A)(11) of section 3313.976 of	39903
the Revised Code;	39904

(b) By registered private school, which shall include all	39905
scholarship students enrolled in that school who were required to	39906
take an assessment pursuant to division (A)(11) of section	39907
3313.976 of the Revised Code.	39908

(2) The department shall disaggregate the student performance	39909
data described in division (G)(1) of this section according to the	39910
following categories:	39911

(a) Age;

39912

(b) Race and ethnicity;

39913

39914

(d) Students who have participated in the scholarship program	39915
for three or more years;	39916

(e) Students who have participated in the scholarship program	39917
for more than one year and less than three years;	39918

(f) Students who have participated in the scholarship program	39919
for one year or less;	39920

(g) Economically disadvantaged students.

39921

(3) The department shall post the student performance data	39922
required under divisions (G)(1) and (2) of this section on its web	39923
site and shall include that data in the information about the	39924
scholarship program provided to students under division (A) of	39925
this section. In reporting student performance data under this	39926
division, the department shall not include any data that is	39927
statistically unreliable or that could result in the	39928
identification of individual students. For this purpose, the	39929
department shall not report performance data for any group that	39930
contains less than ten students.	39931

(4) The department shall provide the parent of each	39932
scholarship student enrolled in a registered private school with	39933
information comparing the student's performance on the assessments	39934
administered pursuant to division (A)(11) of section 3313.976 of	39935
the Revised Code with the average performance of similar students	39936
enrolled in the building operated by the pilot project school	39937
district that the scholarship student would otherwise attend. In	39938
calculating the performance of similar students, the department	39939
shall consider age, grade, race and ethnicity, gender, and	39940
socioeconomic status.	39941

Sec. 3313.981. (A) The state board of education shall adopt	39942
rules requiring all of the following:	39943

(1) The board of education of each city, exempted village,	39944
and local school district to annually report to the department of	39945
education all of the following:	39946

(a) The number of adjacent district or other district	39947
students, as applicable, and adjacent district or other district	39948
joint vocational students, as applicable, enrolled in the district	39949
and the number of native students enrolled in adjacent or other	39950
districts, in accordance with a policy adopted under division (B)	39951
of section 3313.98 of the Revised Code;	39952

(b) Each adjacent district or other district student's or	39953
adjacent district or other district joint vocational student's	39954
date of enrollment in the district;	39955

(c) The full-time equivalent number of adjacent district or	39956
other district students enrolled in vocational education programs	39957
or classes described in division (A) of section 3317.014 of the	39958
Revised Code and the full-time equivalent number of such students	39959
enrolled in vocational education programs or classes described in	39960
division (B) of that section;	39961

(d) Each native student's date of enrollment in an adjacent	39962
or other district.	39963

(2) The board of education of each joint vocational school	39964
district to annually report to the department all of the	39965
following:	39966

(a) The number of adjacent district or other district joint	39967
vocational students, as applicable, enrolled in the district;	39968

(b) The full-time equivalent number of adjacent district or	39969
other district joint vocational students enrolled in vocational	39970
education programs or classes described in division (A) of section	39971
3317.014 of the Revised Code and the full-time equivalent number	39972
of such students enrolled in vocational education programs or	39973
classes described in division (B) of that section;	39974

(c) For each adjacent district or other district joint	39975
vocational student, the city, exempted village, or local school	39976
district in which the student is also enrolled.	39977

(3) Prior to the first full school week in October each year,	39978
the superintendent of each city, local, or exempted village school	39979
district that admits adjacent district or other district students	39980
or adjacent district or other district joint vocational students	39981
in accordance with a policy adopted under division (B) of section	39982
3313.98 of the Revised Code to notify each adjacent or other	39983
district where those students are entitled to attend school under	39984
section 3313.64 or 3313.65 of the Revised Code of the number of	39985
the adjacent or other district's native students who are enrolled	39986
in the superintendent's district under the policy.	39987

The rules shall provide for the method of counting students	39988
who are enrolled for part of a school year in an adjacent or other	39989
district or as an adjacent district or other district joint	39990
vocational student.	39991

(B) From the payments made to a city, exempted village, or	39992
local school district under Chapter ~~3306.~~3317. of the Revised	39993
Code and, if necessary, from the payments made to the district	39994
under sections 321.24 and 323.156 of the Revised Code, the	39995
department of education shall annually subtract both of the	39996
following:	39997

(1) An amount equal to the number of the district's native	39998
students reported under division (A)(1) of this section who are	39999
enrolled in adjacent or other school districts pursuant to	40000
policies adopted by such districts under division (B) of section	40001
3313.98 of the Revised Code multiplied by the adjusted formula	40002
amount;	40003

(2) The excess costs computed in accordance with division (E)	40004
of this section for any such native students receiving special	40005
education and related services in adjacent or other school	40006
districts or as an adjacent district or other district joint	40007
vocational student;	40008

(3) For the full-time equivalent number of the district's	40009
native students reported under division (A)(1)(c) or (2)(b) of	40010
this section as enrolled in vocational education programs or	40011
classes described in section 3317.014 of the Revised Code, an	40012
amount equal to ~~the formula amount~~$5,732 times the applicable	40013
multiple prescribed by that section.	40014

(C) To the payments made to a city, exempted village, or	40015
local school district under Chapter ~~3306.~~3317. of the Revised	40016
Code, the department of education shall annually add all of the	40017
following:	40018

(1) An amount equal to the adjusted formula amount multiplied	40019
by the remainder obtained by subtracting the number of adjacent	40020
district or other district joint vocational students from the	40021
number of adjacent district or other district students enrolled in	40022
the district, as reported under division (A)(1) of this section;	40023

(2) The excess costs computed in accordance with division (E)	40024
of this section for any adjacent district or other district	40025
students, except for any adjacent or other district joint	40026
vocational students, receiving special education and related	40027
services in the district;	40028

(3) For the full-time equivalent number of the adjacent or	40029
other district students who are not adjacent district or other	40030
district joint vocational students and are reported under division	40031
(A)(1)(c) of this section as enrolled in vocational education	40032
programs or classes described in section 3317.014 of the Revised	40033
Code, an amount equal to ~~the formula amount~~$5,732 times the	40034
applicable multiple prescribed by that section;	40035

(4) An amount equal to the number of adjacent district or	40036
other district joint vocational students reported under division	40037
(A)(1) of this section multiplied by an amount equal to twenty per	40038
cent of the adjusted formula amount.	40039

(D) To the payments made to a joint vocational school	40040
district under Chapter 3317. of the Revised Code, the department	40041
of education shall add, for each adjacent district or other	40042
district joint vocational student reported under division (A)(2)	40043
of this section, both of the following:	40044

(1) The adjusted formula amount;

40045

(2) An amount equal to the full-time equivalent number of	40046
students reported pursuant to division (A)(2)(b) of this section	40047
times ~~the formula amount~~$5,732 times the applicable multiple	40048
prescribed by section 3317.014 of the Revised Code.	40049

(E)(1) A city, exempted village, or local school board	40050
providing special education and related services to an adjacent or	40051
other district student in accordance with an IEP shall, pursuant	40052
to rules of the state board, compute the excess costs to educate	40053
such student as follows:	40054

(a) Subtract the adjusted formula amount from the actual	40055
costs to educate the student;	40056

(b) From the amount computed under division (E)(1)(a) of this	40057
section subtract the amount of any funds received by the district	40058
under Chapter ~~3306.~~3317. of the Revised Code to provide special	40059
education and related services to the student.	40060

(2) The board shall report the excess costs computed under	40061
this division to the department of education.	40062

(3) If any student for whom excess costs are computed under	40063
division (E)(1) of this section is an adjacent or other district	40064
joint vocational student, the department of education shall add	40065
the amount of such excess costs to the payments made under Chapter	40066
~~3306.~~3317. of the Revised Code to the joint vocational school	40067
district enrolling the student.	40068

(F) As provided in division (D)(1)(b) of section 3317.03 of	40069
the Revised Code, no joint vocational school district shall count	40070
any adjacent or other district joint vocational student enrolled	40071
in the district in its formula ADM certified under section 3317.03	40072
of the Revised Code.	40073

(G) No city, exempted village, or local school district shall	40074
receive a payment under division (C) of this section for a	40075
student, and no joint vocational school district shall receive a	40076
payment under division (D) of this section for a student, if for	40077
the same school year that student is counted in the district's	40078
formula ADM certified under section 3317.03 of the Revised Code.	40079

(H) Upon request of a parent, and provided the board offers	40080
transportation to native students of the same grade level and	40081
distance from school under section 3327.01 of the Revised Code, a	40082
city, exempted village, or local school board enrolling an	40083
adjacent or other district student shall provide transportation	40084
for the student within the boundaries of the board's district,	40085
except that the board shall be required to pick up and drop off a	40086
nonhandicapped student only at a regular school bus stop	40087
designated in accordance with the board's transportation policy.	40088
Pursuant to rules of the state board of education, such board may	40089
reimburse the parent from funds received for pupil transportation	40090
under section ~~3306.12~~3317.0212 of the Revised Code, or other	40091
provisions of law, for the reasonable cost of transportation from	40092
the student's home to the designated school bus stop if the	40093
student's family has an income below the federal poverty line.	40094

Sec. 3314.01. (A)(1) A board of education may permit all or	40095
part of any of the schools under its control, upon request of a	40096
proposing person or, group of individuals, or entity and provided	40097
the person or, group of individuals, or entity meets the	40098
requirements of this chapter, to become a community school.	40099

(2) Any person or, group of individuals, or entity may	40100
propose the creation of a community school pursuant to the	40101
provisions of this chapter. No nonpublic chartered or nonchartered	40102
school in existence on January 1, 1997, is eligible to become a	40103
community school under this chapter.	40104

(B) A community school created under this chapter is a public	40105
school, independent of any school district, and is part of the	40106
state's program of education. A community school may sue and be	40107
sued, acquire facilities as needed, contract for any services	40108
necessary for the operation of the school, and enter into	40109
contracts with a sponsor pursuant to this chapter. The governing	40110
authority of a community school may carry out any act and ensure	40111
the performance of any function that is in compliance with the	40112
Ohio Constitution, this chapter, other statutes applicable to	40113
community schools, and the contract entered into under this	40114
chapter establishing the school.	40115

Sec. 3314.013. (A)~~(1) Until July 1, 2000, no more than~~	40116
~~seventy-five contracts between start-up schools and the state~~	40117
~~board of education may be in effect outside the pilot project area~~	40118
~~at any time under this chapter.~~	40119

~~(2) After July 1, 2000, and until July 1, 2001, no more than~~	40120
~~one hundred twenty-five contracts between start-up schools and the~~	40121
~~state board of education may be in effect outside the pilot~~	40122
~~project area at any time under this chapter.~~	40123

~~(3) This division applies only to contracts between start-up~~	40124
~~schools and the state board of education and contracts between~~	40125
~~start-up schools and entities described in divisions (C)(1)(b) to~~	40126
~~(f) of section 3314.02 of the Revised Code.~~	40127

~~Until July 1, 2005, not more than two hundred twenty-five~~	40128
~~contracts to which this division applies may be in effect at any~~	40129
~~time under this chapter.~~	40130

~~(4) This division applies only to contracts between start-up~~	40131
~~schools and entities described in divisions (C)(1)(b) to (f) of~~	40132
~~section 3314.02 of the Revised Code.~~	40133

~~Except as otherwise provided in section 3314.014 of the~~	40134
~~Revised Code, after July 1, 2005, and until July 1, 2007, the~~	40135
~~number of contracts to which this division applies in effect at~~	40136
~~any time under this chapter shall be not more than thirty plus the~~	40137
~~number of such contracts with schools that were open for operation~~	40138
~~as of May 1, 2005.~~	40139

~~(5) This division applies only to contracts between a~~	40140
~~conversion school that is an internet- or computer-based community~~	40141
~~school or a start-up school and the board of education of the~~	40142
~~school district in which the school is or is proposed to be~~	40143
~~located.~~	40144

~~Except as otherwise provided in section 3314.014 of the~~	40145
~~Revised Code, until July 1, 2007, the number of contracts to which~~	40146
~~this division applies in effect at any time under this chapter~~	40147
~~shall be not more than thirty plus the number of such contracts~~	40148
~~with schools that were open for operation as of May 1, 2005.~~	40149

~~(6)~~ Until ~~the effective date of any standards enacted by the~~	40150
~~general assembly governing the operation of internet- or~~	40151
~~computer-based community schools~~July 1, 2013, no internet- or	40152
computer-based community school shall operate unless the school	40153
was open for instruction as of May 1, 2005. No entity described in	40154
division (C)(1) of section 3314.02 of the Revised Code shall enter	40155
into a contract to sponsor an internet- or computer-based	40156
community school, including a conversion school, between May 1,	40157
2005, and ~~the effective date of any standards enacted by the~~	40158
~~general assembly governing the operation of internet- or~~	40159
~~computer-based community schools~~July 1, 2013, except as follows:	40160

~~(a) Any~~(1) The entity ~~described in division (C)(1) of that~~	40161
~~section~~ may renew a contract that the entity entered into with an	40162
internet- or computer-based community school prior to May 1, 2005,	40163
if the school was open for operation as of that date.	40164

~~(b) Any~~(2) The entity ~~described in divisions (C)(1)(a) to~~	40165
~~(e) of that section~~ may assume sponsorship of an existing	40166
internet- or computer-based community school that was formerly	40167
sponsored by another entity and may enter into a contract with	40168
that community school in accordance with section 3314.03 of the	40169
Revised Code.	40170

~~(c) Any entity described in division (C)(1)(f) of that~~	40171
~~section may assume sponsorship of an existing internet- or~~	40172
~~computer-based community school in accordance with division (A)(7)~~	40173
~~of this section and may enter into a contract with that community~~	40174
~~school in accordance with section 3314.03 of the Revised Code.~~	40175

If a sponsor entered into a contract with an internet- or	40176
computer-based community school, including a conversion school,	40177
but the school was not open for operation as of May 1, 2005, the	40178
contract shall be void and the entity shall not enter into another	40179
contract with the school until ~~the effective date of any standards~~	40180
~~enacted by the general assembly governing the operation of~~	40181
~~internet- or computer-based community schools~~July 1, 2013.	40182

~~(7) Until July 1, 2005, any entity described in division~~	40183
~~(C)(1)(f) of section 3314.02 of the Revised Code may sponsor only~~	40184
~~a community school that formerly was sponsored by the state board~~	40185
~~of education under division (C)(1)(d) of that section, as it~~	40186
~~existed prior to April 8, 2003. After July 1, 2005, any such~~	40187
~~entity may assume sponsorship of any existing community school,~~	40188
~~and may sponsor any new community school that is not an internet-~~	40189
~~or computer-based community school. Beginning on the effective~~	40190
~~date of any standards enacted by the general assembly governing~~	40191
~~the operation of internet- or computer-based community schools,~~	40192
~~any such entity may sponsor a new internet- or computer-based~~	40193
~~community school.~~	40194

~~(8)~~(B) Nothing in division (A) of this section prohibits aan	40195
internet- or computer-based community school from increasing the	40196
number of grade levels it offers.	40197

~~(B) Within twenty-four hours of a request by any person, the~~	40198
~~superintendent of public instruction shall indicate the number of~~	40199
~~preliminary agreements for start-up schools currently outstanding~~	40200
~~and the number of contracts for these schools in effect at the~~	40201
~~time of the request.~~	40202

(C) ~~It is the intent of the general assembly to consider~~	40203
~~whether to provide limitations on the number of start-up community~~	40204
~~schools after July 1, 2001, following its examination of the~~	40205
~~results of the studies by the legislative office of education~~	40206
~~oversight required under Section 50.39 of Am. Sub. H.B. No. 215 of~~	40207
~~the 122nd general assembly and Section 50.52.2 of Am. Sub. H.B.~~	40208
~~No. 215 of the 122nd general assembly, as amended by Am. Sub. H.B.~~	40209
~~No. 770 of the 122nd general assembly~~Not later than July 1, 2013,	40210
the superintendent of public instruction, the chancellor of the	40211
Ohio board of regents, and the director of the governor's office	40212
of 21st century education jointly shall develop standards for the	40213
operation of internet- and computer-based community schools. The	40214
superintendent shall submit those standards to the speaker of the	40215
house of representatives and the president of the senate for	40216
consideration of enactment by the general assembly.	40217

Sec. 3314.015. (A) The department of education shall be	40218
responsible for the oversight of any and all sponsors of the	40219
community schools established under this chapter and shall provide	40220
technical assistance to schools and sponsors in their compliance	40221
with applicable laws and the terms of the contracts entered into	40222
under section 3314.03 of the Revised Code and in the development	40223
and start-up activities of those schools. In carrying out its	40224
duties under this section, the department shall do all of the	40225
following:	40226

(1) In providing technical assistance to proposing parties,	40227
governing authorities, and sponsors, conduct training sessions and	40228
distribute informational materials;	40229

(2) Approve entities to be sponsors of community schools;

40230

(3) Monitor the effectiveness of any and all sponsors in	40231
their oversight of the schools with which they have contracted;	40232

(4) By December thirty-first of each year, issue a report to	40233
the governor, the speaker of the house of representatives, the	40234
president of the senate, and the chairpersons of the house and	40235
senate committees principally responsible for education matters	40236
regarding the effectiveness of academic programs, operations, and	40237
legal compliance and of the financial condition of all community	40238
schools established under this chapter and on the performance of	40239
community school sponsors;	40240

(5) From time to time, make legislative recommendations to	40241
the general assembly designed to enhance the operation and	40242
performance of community schools.	40243

(B)(1) Except as provided in sections 3314.021 and 3314.027	40244
of the Revised Code, no entity listed in division (C)(1) of	40245
section 3314.02 of the Revised Code shall enter into a preliminary	40246
agreement under division (C)(2) of section 3314.02 of the Revised	40247
Code until it has received approval from the department of	40248
education to sponsor community schools under this chapter and has	40249
entered into a written agreement with the department regarding the	40250
manner in which the entity will conduct such sponsorship. The	40251
department shall adopt in accordance with Chapter 119. of the	40252
Revised Code rules containing criteria, procedures, and deadlines	40253
for processing applications for such approval, for oversight of	40254
sponsors, for revocation of the approval of sponsors, and for	40255
entering into written agreements with sponsors. The rules shall	40256
require an entity to submit evidence of the entity's ability and	40257
willingness to comply with the provisions of division (D) of	40258
section 3314.03 of the Revised Code. The rules also shall require	40259
entities approved as sponsors on and after June 30, 2005, to	40260
demonstrate a record of financial responsibility and successful	40261
implementation of educational programs. If an entity seeking	40262
approval on or after June 30, 2005, to sponsor community schools	40263
in this state sponsors or operates schools in another state, at	40264
least one of the schools sponsored or operated by the entity must	40265
be comparable to or better than the performance of Ohio schools in	40266
need of continuous improvement under section 3302.03 of the	40267
Revised Code, as determined by the department.	40268

AnSubject to section 3314.016 of the Revised Code, an entity	40269
that sponsors community schools may enter into preliminary	40270
agreements and sponsor up to one hundred schools ~~as follows~~,	40271
provided each school and the contract for sponsorship meets the	40272
requirements of this chapter:	40273

~~(a) An entity that sponsored fifty or fewer schools that were~~	40274
~~open for operation as of May 1, 2005, may sponsor not more than~~	40275
~~fifty schools.~~	40276

~~(b) An entity that sponsored more than fifty but not more~~	40277
~~than seventy-five schools that were open for operation as of May~~	40278
~~1, 2005, may sponsor not more than the number of schools the~~	40279
~~entity sponsored that were open for operation as of May 1, 2005.~~	40280

~~(c) Until June 30, 2006, an entity that sponsored more than~~	40281
~~seventy-five schools that were open for operation as of May 1,~~	40282
~~2005, may sponsor not more than the number of schools the entity~~	40283
~~sponsored that were open for operation as of May 1, 2005. After~~	40284
~~June 30, 2006, such an entity may sponsor not more than~~	40285
~~seventy-five schools.~~	40286

~~Upon approval of an entity to be a sponsor under this~~	40287
~~division, the department shall notify the entity of the number of~~	40288
~~schools the entity may sponsor.~~	40289

~~The limit imposed on an entity to which division (B)(1) of~~	40290
~~this section applies shall be decreased by one for each school~~	40291
~~sponsored by the entity that permanently closes.~~	40292

~~If at any time an entity exceeds the number of schools it may~~	40293
~~sponsor under this division, the department shall assist the~~	40294
~~schools in excess of the entity's limit in securing new sponsors.~~	40295
~~If a school is unable to secure a new sponsor, the department~~	40296
~~shall assume sponsorship of the school in accordance with division~~	40297
~~(C) of this section. Those schools for which another sponsor or~~	40298
~~the department assumes sponsorship shall be the schools that most~~	40299
~~recently entered into contracts with the entity under section~~	40300
~~3314.03 of the Revised Code~~.	40301

(2) The department of education shall determine, pursuant to	40302
criteria adopted by rule of the department, whether the mission	40303
proposed to be specified in the contract of a community school to	40304
be sponsored by a state university board of trustees or the	40305
board's designee under division (C)(1)(e) of section 3314.02 of	40306
the Revised Code complies with the requirements of that division.	40307
Such determination of the department is final.	40308

(3) The department of education shall determine, pursuant to	40309
criteria adopted by rule of the department, if any tax-exempt	40310
entity under section 501(c)(3) of the Internal Revenue Code that	40311
is proposed to be a sponsor of a community school is an	40312
education-oriented entity for purpose of satisfying the condition	40313
prescribed in division (C)(1)(f)(iii) of section 3314.02 of the	40314
Revised Code. Such determination of the department is final.	40315

(C) If at any time the state board of education finds that a	40316
sponsor is not in compliance or is no longer willing to comply	40317
with its contract with any community school or with the	40318
department's rules for sponsorship, the state board or designee	40319
shall conduct a hearing in accordance with Chapter 119. of the	40320
Revised Code on that matter. If after the hearing, the state board	40321
or designee has confirmed the original finding, the department of	40322
education may revoke the sponsor's approval to sponsor community	40323
schools and may assume the sponsorship of any schools with which	40324
the sponsor has contracted until the earlier of the expiration of	40325
two school years or until a new sponsor as described in division	40326
(C)(1) of section 3314.02 of the Revised Code is secured by the	40327
school's governing authority. The department may extend the term	40328
of the contract in the case of a school for which it has assumed	40329
sponsorship under this division as necessary to accommodate the	40330
term of the department's authorization to sponsor the school	40331
specified in this division.	40332

(D) The decision of the department to disapprove an entity	40333
for sponsorship of a community school or to revoke approval for	40334
such sponsorship under division (C) of this section, may be	40335
appealed by the entity in accordance with section 119.12 of the	40336
Revised Code.	40337

(E) The department shall adopt procedures for use by a	40338
community school governing authority and sponsor when the school	40339
permanently closes and ceases operation, which shall include at	40340
least procedures for data reporting to the department, handling of	40341
student records, distribution of assets in accordance with section	40342
3314.074 of the Revised Code, and other matters related to ceasing	40343
operation of the school.	40344

(F) In carrying out its duties under this chapter, the	40345
department shall not impose requirements on community schools or	40346
their sponsors that are not permitted by law or duly adopted	40347
rules.	40348

Sec. 3314.016. This section does not apply to any entity that	40349
section 3314.021 or 3314.027 of the Revised Code exempts from the	40350
requirement to be approved for sponsorship under divisions (A)(2)	40351
and (B)(1) of section 3314.015 of the Revised Code.	40352

(A) An entity that sponsors a community school on the	40353
effective date of this section shall be permitted to enter into	40354
contracts under section 3314.03 of the Revised Code to sponsor	40355
additional community schools only if the entity meets both of the	40356
following criteria:	40357

(1) The entity is in compliance with all provisions of this	40358
chapter requiring sponsors of community schools to report data or	40359
information to the department.	40360

(2) The entity is not ranked in the lowest ten per cent of	40361
community school sponsors on the ranking prescribed by division	40362
(B) of this section.	40363

(B) For purposes of this section, the department shall	40364
develop a composite performance index score, as defined in section	40365
3302.01 of the Revised Code, that measures the academic	40366
performance of students enrolled in all community schools	40367
sponsored by the same entity. The department annually shall rank	40368
all entities that sponsor community schools from highest to lowest	40369
according to the entities' composite performance index scores.	40370

Sec. 3314.019. (A)(1) Any community school established on or	40371
after the effective date of this section may function as a hybrid	40372
community school in accordance with this section to provide	40373
students with a combination of technology-based instruction,	40374
including internet- or computer-based instruction, and	40375
classroom-based instruction. The contract adopted under section	40376
3314.03 of the Revised Code shall describe the hybrid nature of	40377
the school's instructional program and prescribe an academic	40378
accountability plan.	40379

(2) The governing authority of any community school	40380
established prior to the effective date of this section, upon the	40381
approval of the school's sponsor, may restructure the school as a	40382
hybrid community school in accordance with this section to provide	40383
students with a combination of technology-based instruction and	40384
classroom-based instruction. Prior to the first day of July of the	40385
school year in which the school will be restructured, the	40386
governing authority and the school's sponsor shall amend the	40387
contract adopted under section 3314.03 of the Revised Code to	40388
describe the hybrid nature of the school's instructional program,	40389
to prescribe an academic accountability plan, and to make any	40390
other changes necessary to conform the contract to the	40391
requirements of this section.	40392

(B)(1) The governing authority of each hybrid community	40393
school shall require each student enrolled in the school to do	40394
both of the following:	40395

(a) Attend a designated site maintained by the governing	40396
authority to receive traditional classroom-based instruction that	40397
does not rely primarily on the use of computers or other	40398
electronic, digital, or wireless technology for the percentage of	40399
required instructional time determined under division (B)(2) of	40400
this section;	40401

(b) For the period of time the student does not attend the	40402
site maintained by the governing authority, work primarily from	40403
the student's residence on assignments in nonclassroom-based	40404
learning opportunities provided via a technology-based	40405
instructional method.	40406

(2) Before the beginning of each school year, the education	40407
team of each student enrolled in a community school established or	40408
restructured under this section shall determine the percentage of	40409
the required instructional time under the contract entered into	40410
under section 3314.03 of the Revised Code that should be devoted	40411
to traditional classroom-based instruction and technology-based	40412
instruction to best meet the student's educational needs. As used	40413
in this division, "education team" includes, but is not limited	40414
to, the chief administrative officer of the school, the student,	40415
the student's parent or guardian, and any teacher requested by the	40416
chief administrative officer, student, or parent or guardian.	40417

(C) The designated site maintained by the school's governing	40418
authority for the provision of classroom-based instruction shall	40419
be located in a challenged school district or an adjacent school	40420
district. However, the challenged school district shall be	40421
considered the school district in which the school is located for	40422
all purposes of this chapter, including adopting an admission	40423
policy under division (A)(19) of section 3314.03 of the Revised	40424
Code.	40425

(D) Notwithstanding anything in this chapter or Chapter 3317.	40426
of the Revised Code to the contrary, all of the following apply	40427
with respect to each student enrolled in a hybrid community	40428
school:	40429

(1) For purposes of the report required under division (B)(2)	40430
of section 3314.08 of the Revised Code, the community school shall	40431
report the number of hours each school week that the student is	40432
required to attend the designated site described in division (C)	40433
of this section.	40434

(2) The department of education shall deduct from the school	40435
district reported for the student under division (B)(2)(h) of	40436
section 3314.08 of the Revised Code the amounts prescribed under	40437
division (C) of section 3314.08 of the Revised Code that would be	40438
applicable if the student were enrolled in a community school	40439
other than an internet- or computer-based community school.	40440

(3) The department shall pay to the community school the sum	40441
of the following:	40442

(a) The amount calculated under divisions (D)(1) to (10) of	40443
section 3314.08 of the Revised Code;	40444

(b) Any amount prescribed by division (E) of section 3314.08	40445
of the Revised Code.	40446

(E) Except as provided in section 3314.091 of the Revised	40447
Code, the board of education of each city, local, and exempted	40448
village school district shall provide for its district's native	40449
students, in accordance with section 3327.01 of the Revised Code,	40450
transportation to and from the site described in division (C) of	40451
this section on each weekday the students are required to attend	40452
school at that site.	40453

As used in this division, "native student" has the same	40454
meaning as in section 3314.09 of the Revised Code.	40455

(F) A hybrid community school is not an internet- or	40456
computer-based community school for purposes of this chapter.	40457
Nevertheless, except as otherwise provided in this section, a	40458
hybrid community school shall comply with all requirements of this	40459
chapter, including any provisions that apply solely to an	40460
internet- or computer-based community school.	40461

Sec. 3314.02. (A) As used in this chapter:

40462

(1) "Sponsor" means an entity listed in division (C)(1) of	40463
this section, which has been approved by the department of	40464
education to sponsor community schools and with which the	40465
governing authority of the proposed community school enters into a	40466
contract pursuant to this section.	40467

(2) "Pilot project area" means the school districts included	40468
in the territory of the former community school pilot project	40469
established by former Section 50.52 of Am. Sub. H.B. No. 215 of	40470
the 122nd general assembly.	40471

(3) "Challenged school district" means any of the following:

40472

(a) A school district that is part of the pilot project area;

40473

(b) A school district that is either in a state of academic	40474
emergency or in a state of academic watch under section 3302.03 of	40475
the Revised Code;	40476

40477

(4) "Big eight school district" means a school district that	40478
for fiscal year 1997 had both of the following:	40479

(a) A percentage of children residing in the district and	40480
participating in the predecessor of Ohio works first greater than	40481
thirty per cent, as reported pursuant to section 3317.10 of the	40482
Revised Code;	40483

(b) An average daily membership greater than twelve thousand,	40484
as reported pursuant to former division (A) of section 3317.03 of	40485
the Revised Code.	40486

(5) "New start-up school" means a community school other than	40487
one created by converting all or part of an existing public school	40488
or educational service center building, as designated in the	40489
school's contract pursuant to division (A)(17) of section 3314.03	40490
of the Revised Code.	40491

(6) "Urban school district" means one of the state's	40492
twenty-one urban school districts as defined in division (O) of	40493
section 3317.02 of the Revised Code as that section existed prior	40494
to July 1, 1998.	40495

(7) "Internet- or computer-based community school" means a	40496
community school established under this chapter in which the	40497
enrolled students work primarily from their residences on	40498
assignments in nonclassroom-based learning opportunities provided	40499
via an internet- or other computer-based instructional method that	40500
does not rely on regular classroom instruction or via	40501
comprehensive instructional methods that include internet-based,	40502
other computer-based, and noncomputer-based learning	40503
opportunities.	40504

(8) "Operator" means either of the following:

40505

(a) An individual or organization that manages the daily	40506
operations of a community school pursuant to a contract between	40507
the operator and the school's governing authority;	40508

(b) An individual or organization that provides programmatic	40509
oversight and support to a community school under a contract with	40510
the school's governing authority and that retains the right to	40511
terminate affiliation with the school if the school fails to meet	40512
the individual's or organization's quality standards.	40513

(B) Any person or group of individuals may initially propose	40514
under this division the conversion of all or a portion of a public	40515
school or a building operated by an educational service center to	40516
a community school. The proposal shall be made to the board of	40517
education of the city, local, exempted village, or joint	40518
vocational school district in which the public school is proposed	40519
to be converted or, in the case of the conversion of a building	40520
operated by an educational service center, to the governing board	40521
of the service center. Upon receipt of a proposal, a board may	40522
enter into a preliminary agreement with the person or group	40523
proposing the conversion of the public school or service center	40524
building, indicating the intention of the board to support the	40525
conversion to a community school. A proposing person or group that	40526
has a preliminary agreement under this division may proceed to	40527
finalize plans for the school, establish a governing authority for	40528
the school, and negotiate a contract with the board. Provided the	40529
proposing person or group adheres to the preliminary agreement and	40530
all provisions of this chapter, the board shall negotiate in good	40531
faith to enter into a contract in accordance with section 3314.03	40532
of the Revised Code and division (C) of this section.	40533

(C)(1) Any person or group of individuals may propose under	40534
this division the establishment of a new start-up school to be	40535
located in a challenged school district. The proposal may be made	40536
to any of the following entities:	40537

(a) The board of education of the district in which the	40538
school is proposed to be located;	40539

(b) The board of education of any joint vocational school	40540
district with territory in the county in which is located the	40541
majority of the territory of the district in which the school is	40542
proposed to be located;	40543

(c) The board of education of any other city, local, or	40544
exempted village school district having territory in the same	40545
county where the district in which the school is proposed to be	40546
located has the major portion of its territory;	40547

(d) The governing board of any educational service center, as	40548
long as the proposed school will be located in a county within the	40549
territory of the service center or in a county contiguous to such	40550
county;	40551

(e) A sponsoring authority designated by the board of	40552
trustees of any of the thirteen state universities listed in	40553
section 3345.011 of the Revised Code or the board of trustees	40554
itself as long as a mission of the proposed school to be specified	40555
in the contract under division (A)(2) of section 3314.03 of the	40556
Revised Code and as approved by the department of education under	40557
division (B)(2) of section 3314.015 of the Revised Code will be	40558
the practical demonstration of teaching methods, educational	40559
technology, or other teaching practices that are included in the	40560
curriculum of the university's teacher preparation program	40561
approved by the state board of education;	40562

(f) Any qualified tax-exempt entity under section 501(c)(3)	40563
of the Internal Revenue Code as long as all of the following	40564
conditions are satisfied:	40565

(i) The entity has been in operation for at least five years	40566
prior to applying to be a community school sponsor.	40567

(ii) The entity has assets of at least five hundred thousand	40568
dollars and a demonstrated record of financial responsibility.	40569

(iii) The department of education has determined that the	40570
entity is an education-oriented entity under division (B)(3) of	40571
section 3314.015 of the Revised Code and the entity has a	40572
demonstrated record of successful implementation of educational	40573
programs.	40574

(iv) The entity is not a community school.

40575

Any entity described in division (C)(1) of this section may	40576
enter into a preliminary agreement pursuant to division (C)(2) of	40577
this section with the proposing person or group.	40578

(2) A preliminary agreement indicates the intention of an	40579
entity described in division (C)(1) of this section to sponsor the	40580
community school. A proposing person or group that has such a	40581
preliminary agreement may proceed to finalize plans for the	40582
school, establish a governing authority as described in division	40583
(E) of this section for the school, and negotiate a contract with	40584
the entity. Provided the proposing person or group adheres to the	40585
preliminary agreement and all provisions of this chapter, the	40586
entity shall negotiate in good faith to enter into a contract in	40587
accordance with section 3314.03 of the Revised Code.	40588

(3) A new start-up school that is established in a school	40589
district while that district is either in a state of academic	40590
emergency or in a state of academic watch under section 3302.03 of	40591
the Revised Code may continue in existence once the school	40592
district is no longer in a state of academic emergency or academic	40593
watch, provided there is a valid contract between the school and a	40594
sponsor.	40595

(4) A copy of every preliminary agreement entered into under	40596
this division shall be filed with the superintendent of public	40597
instruction.	40598

(D) A majority vote of the board of a sponsoring entity and a	40599
majority vote of the members of the governing authority of a	40600
community school shall be required to adopt a contract and convert	40601
the public school or educational service center building to a	40602
community school or establish the new start-up school. Beginning	40603
September 29, 2005, adoption of the contract shall occur not later	40604
than the fifteenth day of March, and signing of the contract shall	40605
occur not later than the fifteenth day of May, prior to the school	40606
year in which the school will open. The governing authority shall	40607
notify the department of education when the contract has been	40608
signed. Subject to ~~sections~~section 3314.013~~, 3314.014, 3314.016,~~	40609
~~and 3314.017~~ of the Revised Code, an unlimited number of community	40610
schools may be established in any school district provided that a	40611
contract is entered into for each community school pursuant to	40612
this chapter.	40613

(E)(1) As used in this division, "immediate relatives" are	40614
limited to spouses, children, parents, grandparents, siblings, and	40615
in-laws.	40616

Each new start-up community school established under this	40617
chapter shall be under the direction of a governing authority	40618
which shall consist of a board of directors, a board of managers,	40619
or a board of trustees, as appropriate under division (A)(1) of	40620
section 3314.03 of the Revised Code, of not less than five	40621
individuals.	40622

No person shall serve on the governing authority or operate	40623
the community school under contract with the governing authority	40624
so long as the person owes the state any money or is in a dispute	40625
over whether the person owes the state any money concerning the	40626
operation of a community school that has closed.	40627

(2) No person shall serve on the governing authorities of	40628
more than two start-up community schools at the same time.	40629

(3) No present or former member, or immediate relative of a	40630
present or former member, of the governing authority of any	40631
community school established under this chapter shall be an owner,	40632
employee, or consultant of any ~~nonprofit~~sponsor or ~~for-profit~~	40633
operator of a community school, unless at least one year has	40634
elapsed since the conclusion of the person's membership.	40635

(4) No person shall be appointed to serve on a governing	40636
authority for a term of more than three years.	40637

(5) The governing authority of a start-up community school	40638
may provide by resolution for the compensation of its members.	40639
However, no individual who serves on the governing authority of a	40640
start-up community school shall be compensated more than a total	40641
amount of five thousand dollars per year for all governing	40642
authorities upon which the individual serves.	40643

(6) No person shall be deemed to have acquired a vested right	40644
in a position as a member of a governing authority.	40645

(F)(1) A new start-up school that is established prior to	40646
August 15, 2003, in an urban school district that is not also a	40647
big-eight school district may continue to operate after that date	40648
and the contract between the school's governing authority and the	40649
school's sponsor may be renewed, as provided under this chapter,	40650
after that date, but no additional new start-up schools may be	40651
established in such a district unless the district is a challenged	40652
school district as defined in this section as it exists on and	40653
after that date.	40654

(2) A community school that was established prior to June 29,	40655
1999, and is located in a county contiguous to the pilot project	40656
area and in a school district that is not a challenged school	40657
district may continue to operate after that date, provided the	40658
school complies with all provisions of this chapter. The contract	40659
between the school's governing authority and the school's sponsor	40660
may be renewed, but no additional start-up community school may be	40661
established in that district unless the district is a challenged	40662
school district.	40663

(3) Any educational service center that, on June 30, 2007,	40664
sponsors a community school that is not located in a county within	40665
the territory of the service center or in a county contiguous to	40666
such county may continue to sponsor that community school on and	40667
after June 30, 2007, and may renew its contract with the school.	40668
However, the educational service center shall not enter into a	40669
contract with any additional community school unless the school is	40670
located in a county within the territory of the service center or	40671
in a county contiguous to such county.	40672

(G) No entity described in division (B) or (C) of this	40673
section shall refuse to enter into a preliminary agreement under	40674
those divisions, or to enter into a contract under section 3314.03	40675
of the Revised Code, for the sponsorship of a community school	40676
based solely on the type of school that is proposed to be	40677
established, the composition of the members of the public benefit	40678
corporation that will comprise the school, or the involvement of	40679
any for-profit entity as a member of that public benefit	40680
corporation.	40681

Sec. 3314.021. (A) This section applies to any entity that is	40682
exempt from taxation under section 501(c)(3) of the Internal	40683
Revenue Code and that satisfies the conditions specified in	40684
divisions (C)(1)(f)(ii) and (iii) of section 3314.02 of the	40685
Revised Code but does not satisfy the condition specified in	40686
division (C)(1)(f)(i) of that section.	40687

(B) Notwithstanding division (C)(1)(f)(i) of section 3314.02	40688
of the Revised Code, an entity described in division (A) of this	40689
section may do both of the following without obtaining the	40690
department of education's initial approval of its sponsorship	40691
under divisions (A)(2) and (B)(1) of section 3314.015 of the	40692
Revised Code:	40693

(1) Succeed the board of trustees of a state university	40694
located in the pilot project area or that board's designee as the	40695
sponsor of a community school established under this chapter;	40696

(2) Continue to sponsor that school in conformance with the	40697
terms of the contract between the board of trustees or its	40698
designee and the governing authority of the community school and	40699
renew that contract as provided in division (E) of section 3314.03	40700
of the Revised Code.	40701

(C) The entity that succeeds the board of trustees or the	40702
board's designee as sponsor of a community school under division	40703
(B) of this section also may enter into contracts to sponsor other	40704
community schools located in any challenged school district,	40705
without obtaining the department's initial approval of its	40706
sponsorship of those schools under divisions (A)(2) and (B)(1) of	40707
section 3314.015 of the Revised Code~~, and not subject to the~~	40708
~~restriction of division (A)(7) of section 3314.013 of the Revised~~	40709
~~Code,~~ as long as the contracts conform with and the entity	40710
complies with all other requirements of this chapter.	40711

(D) Regardless of the entity's authority to sponsor community	40712
schools without the initial approval of the department, the entity	40713
is under the continuing oversight of the department in accordance	40714
with rules adopted under section 3314.015 of the Revised Code.	40715

Sec. 3314.026. If the governing authority of a community	40716
school intends to terminate its contract with the school's	40717
operator prior to expiration or intends not to renew that contract	40718
upon expiration, the governing authority shall notify the operator	40719
of that intent not less than one hundred eighty days prior to the	40720
expiration of the contract. Any failure to give such notice	40721
constitutes the governing authority's irrevocable agreement to	40722
continue the contract as then in effect for one additional school	40723
year. The operator may appeal the contract termination or	40724
nonrenewal to the school's sponsor, if the sponsor has sponsored	40725
the school for at least twelve months, or to the state board of	40726
education, if the sponsor has sponsored the school for less than	40727
twelve months. Upon appeal, the sponsor or state board shall	40728
determine whether the operator should continue to manage the	40729
school. In making its determination, the sponsor or state board	40730
shall consider whether the operator has managed the school in	40731
compliance with all applicable laws and terms of the contract	40732
between the sponsor and the governing authority entered into under	40733
section 3314.03 of the Revised Code and whether the school's	40734
progress in meeting the academic goals prescribed in that contract	40735
has been satisfactory. The sponsor or state board shall notify the	40736
governing authority and operator of its determination. If the	40737
sponsor or state board determines that the operator should	40738
continue to manage the school, the ~~sponsor shall remove the~~	40739
~~existing governing authority and the operator shall appoint a new~~	40740
~~governing authority for the school. The~~contract between the	40741
governing authority and the operator shall continue until terms of	40742
office of all members of the governing board in office prior to	40743
the determination have expired and those members have been	40744
replaced with individuals recommended by the operator. An operator	40745
may reappoint a member to the governing authority. Once all the	40746
terms of the members in office prior to the determination have	40747
expired, the new governing authority shall assume responsibility	40748
for the school ~~immediately~~ and shall exercise all functions	40749
assigned to it by the Revised Code or rule in the same manner as	40750
any other community school governing authority.	40751

Sec. 3314.029. (A)(1) Notwithstanding anything to the	40752
contrary in this chapter, any person, group of individuals, or	40753
entity may apply to the department of education for direct	40754
authorization to establish a community school and, upon approval	40755
of the application, may establish and operate the school without a	40756
sponsor. Notwithstanding anything to the contrary in this chapter,	40757
the governing authority of an existing community school, upon the	40758
expiration or termination of its contract with the school's	40759
sponsor entered into under section 3314.03 of the Revised Code,	40760
may apply to the department for direct authorization to continue	40761
operating the school and, upon approval of the application, may	40762
continue to operate the school without a sponsor. Each application	40763
submitted to the department shall include both of the following:	40764

(a) Evidence that the applicant will be able to comply with	40765
division (C) of this section;	40766

(b) A statement indicating that the applicant agrees to	40767
comply with all applicable provisions of this chapter.	40768

(2) The department shall approve each application submitted	40769
under division (A)(1) of this section, unless, within thirty days	40770
after receipt of the application, the department determines that	40771
the application does not satisfy the requirements of that division	40772
and provides the applicant a written explanation of the reasons	40773
for the determination. In that case, the department shall grant	40774
the applicant thirty days to correct the insufficiencies in the	40775
application. If the department determines that the insufficiencies	40776
have been corrected, it shall approve the application. If the	40777
department determines that the insufficiencies have not been	40778
corrected, it shall deny the application and provide the applicant	40779
with a written explanation of the reasons for the denial. The	40780
denial of an application may be appealed in accordance with	40781
section 119.12 of the Revised Code.	40782

(3) An unlimited number of applications may be submitted and	40783
approved under division (A) of this section.	40784

(B) The department and the governing authority of each	40785
community school authorized under this section shall enter into a	40786
contract under section 3314.03 of the Revised Code, except that	40787
the contract shall not be required to specify the provisions of	40788
divisions (A)(4), (5), (16), (18), (20), (23), and (24) of that	40789
section. Notwithstanding division (A)(13) of that section, the	40790
contract may begin at any time during the academic year and the	40791
length of the initial contract may be for any term up to fifteen	40792
years. The contract may be renewed in accordance with division (E)	40793
of that section. The contract shall not provide for the school's	40794
governing authority to make any payments to the department.	40795

(C) A community school authorized under this section shall	40796
post and file with the superintendent of public instruction a bond	40797
payable to the state in the amount of one million dollars or file	40798
with the state superintendent a guarantee in the amount of one	40799
million dollars issued by an entity with a certified net worth of	40800
at least five million dollars. The bond or guarantee shall be used	40801
to pay the state any moneys owed by the community school in the	40802
event the school closes.	40803

(D) A community school authorized under this section shall	40804
not be subject to sections 3314.072 and 3314.073 of the Revised	40805
Code.	40806

(E) A community school sponsored by an entity described in	40807
division (C)(1) of section 3314.02 of the Revised Code may merge	40808
with a community school authorized under this section. In that	40809
case, on the effective date of the merger, the contract between	40810
the governing authority of the sponsored community school and the	40811
school's sponsor shall be terminated and that community school	40812
shall be covered by the contract between the department and the	40813
governing authority of the community school with which it merges	40814
under this division.	40815

(F) Except as otherwise provided in this section, a community	40816
school authorized under this section shall comply with all	40817
applicable provisions of this chapter.	40818

Sec. 3314.03. A copy of every contract entered into under	40819
this section shall be filed with the superintendent of public	40820
instruction.	40821

(A) Each contract entered into between a sponsor and the	40822
governing authority of a community school shall specify the	40823
following:	40824

(1) That the school shall be established as ~~either~~any of the	40825
following:	40826

(a) A nonprofit corporation established under Chapter 1702.	40827
of the Revised Code, if established prior to April 8, 2003;	40828

(b) A public benefit corporation established under Chapter	40829
1702. of the Revised Code, if established after April 8, 2003;	40830

(c) A for-profit corporation formed under Chapter 1701. of	40831
the Revised Code or a limited liability corporation formed under	40832
Chapter 1705. of the Revised Code.	40833

(2) The education program of the school, including the	40834
school's mission, the characteristics of the students the school	40835
is expected to attract, the ages and grades of students, and the	40836
focus of the curriculum;	40837

(3) The academic goals to be achieved and the method of	40838
measurement that will be used to determine progress toward those	40839
goals, which shall include the statewide achievement assessments;	40840

(4) Performance standards by which the success of the school	40841
will be evaluated by the sponsor;	40842

(5) The admission standards of section 3314.06 of the Revised	40843
Code and, if applicable, section 3314.061 of the Revised Code;	40844

(6)(a) Dismissal procedures;

40845

(b) A requirement that the governing authority adopt an	40846
attendance policy that includes a procedure for automatically	40847
withdrawing a student from the school if the student without a	40848
legitimate excuse fails to participate in one hundred five	40849
consecutive hours of the learning opportunities offered to the	40850
student.	40851

(7) The ways by which the school will achieve racial and	40852
ethnic balance reflective of the community it serves;	40853

(8) Requirements for financial audits by the auditor of	40854
state. The contract shall require financial records of the school	40855
to be maintained in the same manner as are financial records of	40856
school districts, pursuant to rules of the auditor of state.	40857
Audits shall be conducted in accordance with section 117.10 of the	40858
Revised Code.	40859

(9) The facilities to be used and their locations;

40860

(10) Qualifications of teachers, including the following:

40861

(a) A requirement that the school's classroom teachers be	40862
licensed in accordance with sections 3319.22 to 3319.31 of the	40863
Revised Code, except that a community school may engage	40864
noncertificated persons to teach up to twelve hours per week	40865
pursuant to section 3319.301 of the Revised Code;	40866

(b) A requirement that each classroom teacher initially hired	40867
by the school on or after July 1, 2013, and employed to provide	40868
instruction in physical education hold a valid license issued	40869
pursuant to section 3319.22 of the Revised Code for teaching	40870
physical education.	40871

(11) That the school will comply with the following	40872
requirements:	40873

(a) The school will provide learning opportunities to a	40874
minimum of twenty-five students for a minimum of nine hundred	40875
twenty hours per school year.	40876

(b) The governing authority will purchase liability	40877
insurance, or otherwise provide for the potential liability of the	40878
school.	40879

(c) The school will be nonsectarian in its programs,	40880
admission policies, employment practices, and all other	40881
operations, and will not be operated by a sectarian school or	40882
religious institution.	40883

(d) The school will comply with sections 9.90, 9.91, 109.65,	40884
121.22, 149.43, 2151.357, 2151.421, 2313.18, 3301.0710, 3301.0711,	40885
3301.0712, 3301.0715, 3313.472, 3313.50, 3313.536, 3313.608,	40886
3313.6012, 3313.6013, 3313.6014, 3313.6015, 3313.643, 3313.648,	40887
3313.66, 3313.661, 3313.662, 3313.666, 3313.667, 3313.67,	40888
~~3313.671,~~ 3313.672, 3313.673, 3313.69, 3313.71, 3313.716,	40889
3313.718, 3313.719, 3313.80, 3313.814, 3313.816, ~~3314.817~~	40890
3313.817, 3313.86, 3313.96, 3317.141, 3319.073, 3319.08, 3319.111,	40891
3319.17, 3319.321, 3319.39, 3319.391, 3319.41, 3321.01, 3321.041,	40892
3321.13, 3321.14, 3321.17, 3321.18, 3321.19, 3321.191, 3327.10,	40893
4111.17, 4113.52, and 5705.391 and Chapters 117., 1347., 2744.,	40894
3365., 3742., 4112., 4123., 4141., and 4167. of the Revised Code	40895
as if it were a school district and will comply with section	40896
3301.0714 of the Revised Code in the manner specified in section	40897
3314.17 of the Revised Code.	40898

(e) The school shall comply with Chapter 102. and section	40899
2921.42 of the Revised Code.	40900

(f) The school will comply with sections 3313.61, 3313.611,	40901
and 3313.614 of the Revised Code, except that for students who	40902
enter ninth grade for the first time before July 1, 2010, the	40903
requirement in sections 3313.61 and 3313.611 of the Revised Code	40904
that a person must successfully complete the curriculum in any	40905
high school prior to receiving a high school diploma may be met by	40906
completing the curriculum adopted by the governing authority of	40907
the community school rather than the curriculum specified in Title	40908
XXXIII of the Revised Code or any rules of the state board of	40909
education. Beginning with students who enter ninth grade for the	40910
first time on or after July 1, 2010, the requirement in sections	40911
3313.61 and 3313.611 of the Revised Code that a person must	40912
successfully complete the curriculum of a high school prior to	40913
receiving a high school diploma shall be met by completing the	40914
Ohio core curriculum prescribed in division (C) of section	40915
3313.603 of the Revised Code, unless the person qualifies under	40916
division (D) or (F) of that section. Each school shall comply with	40917
the plan for awarding high school credit based on demonstration of	40918
subject area competency, adopted by the state board of education	40919
under division (J) of section 3313.603 of the Revised Code.	40920

(g) The school governing authority will submit within four	40921
months after the end of each school year a report of its	40922
activities and progress in meeting the goals and standards of	40923
divisions (A)(3) and (4) of this section and its financial status	40924
to the sponsor and the parents of all students enrolled in the	40925
school.	40926

(h) The school, unless it is an internet- or computer-based	40927
community school, will comply with sections ~~3313.674~~3313.671 and	40928
3313.801 of the Revised Code as if it were a school district.	40929

(12) Arrangements for providing health and other benefits to	40930
employees;	40931

(13) The length of the contract, which shall begin at the	40932
beginning of an academic year. No contract shall exceed five years	40933
unless such contract has been renewed pursuant to division (E) of	40934
this section.	40935

(14) The governing authority of the school, which shall be	40936
responsible for carrying out the provisions of the contract;	40937

(15) A financial plan detailing an estimated school budget	40938
for each year of the period of the contract and specifying the	40939
total estimated per pupil expenditure amount for each such year.	40940
The plan shall specify for each year the base formula amount that	40941
will be used for purposes of funding calculations under section	40942
3314.08 of the Revised Code. This base formula amount for any year	40943
shall not exceed the formula amount defined under section 3317.02	40944
of the Revised Code. The plan may also specify for any year a	40945
percentage figure to be used for reducing the per pupil amount of	40946
the subsidy calculated pursuant to section 3317.029 of the Revised	40947
Code the school is to receive that year under section 3314.08 of	40948
the Revised Code.	40949

(16) Requirements and procedures regarding the disposition of	40950
employees of the school in the event the contract is terminated or	40951
not renewed pursuant to section 3314.07 of the Revised Code;	40952

(17) Whether the school is to be created by converting all or	40953
part of an existing public school or educational service center	40954
building or is to be a new start-up school, and if it is a	40955
converted public school or service center building, specification	40956
of any duties or responsibilities of an employer that the board of	40957
education or service center governing board that operated the	40958
school or building before conversion is delegating to the	40959
governing authority of the community school with respect to all or	40960
any specified group of employees provided the delegation is not	40961
prohibited by a collective bargaining agreement applicable to such	40962
employees;	40963

(18) Provisions establishing procedures for resolving	40964
disputes or differences of opinion between the sponsor and the	40965
governing authority of the community school;	40966

(19) A provision requiring the governing authority to adopt a	40967
policy regarding the admission of students who reside outside the	40968
district in which the school is located. That policy shall comply	40969
with the admissions procedures specified in sections 3314.06 and	40970
3314.061 of the Revised Code and, at the sole discretion of the	40971
authority, shall do one of the following:	40972

(a) Prohibit the enrollment of students who reside outside	40973
the district in which the school is located;	40974

(b) Permit the enrollment of students who reside in districts	40975
adjacent to the district in which the school is located;	40976

(c) Permit the enrollment of students who reside in any other	40977
district in the state.	40978

(20) A provision recognizing the authority of the department	40979
of education to take over the sponsorship of the school in	40980
accordance with the provisions of division (C) of section 3314.015	40981
of the Revised Code;	40982

(21) A provision recognizing the sponsor's authority to	40983
assume the operation of a school under the conditions specified in	40984
division (B) of section 3314.073 of the Revised Code;	40985

(22) A provision recognizing both of the following:

40986

(a) The authority of public health and safety officials to	40987
inspect the facilities of the school and to order the facilities	40988
closed if those officials find that the facilities are not in	40989
compliance with health and safety laws and regulations;	40990

(b) The authority of the department of education as the	40991
community school oversight body to suspend the operation of the	40992
school under section 3314.072 of the Revised Code if the	40993
department has evidence of conditions or violations of law at the	40994
school that pose an imminent danger to the health and safety of	40995
the school's students and employees and the sponsor refuses to	40996
take such action;	40997

(23) A description of the learning opportunities that will be	40998
offered to students including both classroom-based and	40999
non-classroom-based learning opportunities that is in compliance	41000
with criteria for student participation established by the	41001
department under division (L)(2) of section 3314.08 of the Revised	41002
Code;	41003

(24) The school will comply with sections 3302.04 and	41004
3302.041 of the Revised Code, except that any action required to	41005
be taken by a school district pursuant to those sections shall be	41006
taken by the sponsor of the school. However, the sponsor shall not	41007
be required to take any action described in division (F) of	41008
section 3302.04 of the Revised Code.	41009

(25) Beginning in the 2006-2007 school year, the school will	41010
open for operation not later than the thirtieth day of September	41011
each school year, unless the mission of the school as specified	41012
under division (A)(2) of this section is solely to serve dropouts.	41013
In its initial year of operation, if the school fails to open by	41014
the thirtieth day of September, or within one year after the	41015
adoption of the contract pursuant to division (D) of section	41016
3314.02 of the Revised Code if the mission of the school is solely	41017
to serve dropouts, the contract shall be void.	41018

(26) If the community school is established as a nonprofit	41019
corporation or a public benefit corporation, contracts with an	41020
operator, and has accumulated, as of the thirty-first day of	41021
December, cash, marketable securities, or other cash equivalents	41022
that, in the aggregate, exceed ten per cent of the school's prior	41023
fiscal year's gross revenues, the governing authority shall spend	41024
the excess amount by the end of the school year for the	41025
educational benefit of the students attending the school.	41026

(B) The community school shall also submit to the sponsor a	41027
comprehensive plan for the school. The plan shall specify the	41028
following:	41029

(1) The process by which the governing authority of the	41030
school will be selected in the future;	41031

(2) The management and administration of the school;

41032

(3) If the community school is a currently existing public	41033
school or educational service center building, alternative	41034
arrangements for current public school students who choose not to	41035
attend the converted school and for teachers who choose not to	41036
teach in the school or building after conversion;	41037

(4) The instructional program and educational philosophy of	41038
the school;	41039

(5) Internal financial controls.

41040

(C) A contract entered into under section 3314.02 of the	41041
Revised Code between a sponsor and the governing authority of a	41042
community school may provide for the community school governing	41043
authority to make payments to the sponsor, which is hereby	41044
authorized to receive such payments as set forth in the contract	41045
between the governing authority and the sponsor. The total amount	41046
of such payments for oversight and monitoring of the school shall	41047
not exceed three per cent of the total amount of payments for	41048
operating expenses that the school receives from the state.	41049

(D) The contract shall specify the duties of the sponsor	41050
which shall be in accordance with the written agreement entered	41051
into with the department of education under division (B) of	41052
section 3314.015 of the Revised Code and shall include the	41053
following:	41054

(1) Monitor the community school's compliance with all laws	41055
applicable to the school and with the terms of the contract;	41056

(2) Monitor and evaluate the academic and fiscal performance	41057
and the organization and operation of the community school on at	41058
least an annual basis;	41059

(3) Report on an annual basis the results of the evaluation	41060
conducted under division (D)(2) of this section to the department	41061
of education and to the parents of students enrolled in the	41062
community school;	41063

(4) Provide technical assistance to the community school in	41064
complying with laws applicable to the school and terms of the	41065
contract;	41066

(5) Take steps to intervene in the school's operation to	41067
correct problems in the school's overall performance, declare the	41068
school to be on probationary status pursuant to section 3314.073	41069
of the Revised Code, suspend the operation of the school pursuant	41070
to section 3314.072 of the Revised Code, or terminate the contract	41071
of the school pursuant to section 3314.07 of the Revised Code as	41072
determined necessary by the sponsor;	41073

(6) Have in place a plan of action to be undertaken in the	41074
event the community school experiences financial difficulties or	41075
closes prior to the end of a school year.	41076

(E) Upon the expiration of a contract entered into under this	41077
section, the sponsor of a community school may, with the approval	41078
of the governing authority of the school and any operator of the	41079
school, renew that contract for a period of time determined by the	41080
sponsor, but not ending earlier than the end of any school year,	41081
if the sponsor finds that the school's compliance with applicable	41082
laws and terms of the contract and the school's progress in	41083
meeting the academic goals prescribed in the contract have been	41084
satisfactory. Any contract that is renewed under this division	41085
remains subject to the provisions of sections 3314.07, 3314.072,	41086
and 3314.073 of the Revised Code.	41087

(F) If a community school fails to open for operation within	41088
one year after the contract entered into under this section is	41089
adopted pursuant to division (D) of section 3314.02 of the Revised	41090
Code or permanently closes prior to the expiration of the	41091
contract, the contract shall be void and the school shall not	41092
enter into a contract with any other sponsor. A school shall not	41093
be considered permanently closed because the operations of the	41094
school have been suspended pursuant to section 3314.072 of the	41095
Revised Code. ~~Any contract that becomes void under this division~~	41096
~~shall not count toward any statewide limit on the number of such~~	41097
~~contracts prescribed by section 3314.013 of the Revised Code.~~	41098

Sec. 3314.04. Except as otherwise specified in this chapter	41099
and in the contract ~~between a community school and a sponsor~~	41100
entered into under section 3314.08 of the Revised Code, such	41101
school is exempt from all state laws and rules pertaining to	41102
schools, school districts, and boards of education, except those	41103
laws and rules that grant certain rights to parents. No community	41104
school shall be required to comply with any education laws or	41105
rules or other requirements that are not specified in this chapter	41106
or in the contract entered into under section 3314.08 of the	41107
Revised Code that otherwise would not apply to a chartered	41108
nonpublic school.	41109

Sec. 3314.05. (A) The contract between the community school	41110
and the sponsor shall specify the facilities to be used for the	41111
community school and the method of acquisition. Except as provided	41112
in ~~division~~divisions (B)(3) and (4) of this section, no community	41113
school shall be established in more than one school district under	41114
the same contract.	41115

(B) Division (B) of this section shall not apply to internet-	41116
or computer-based community schools.	41117

(1) A community school may be located in multiple facilities	41118
under the same contract only if the limitations on availability of	41119
space prohibit serving all the grade levels specified in the	41120
contract in a single facility or division (B)(2) or, (3), or (4)	41121
of this section applies to the school. The school shall not offer	41122
the same grade level classrooms in more than one facility.	41123

(2) A community school may be located in multiple facilities	41124
under the same contract and, notwithstanding division (B)(1) of	41125
this section, may assign students in the same grade level to	41126
multiple facilities, as long as all of the following apply:	41127

(a) The governing authority of the community school filed a	41128
copy of its contract with the school's sponsor under section	41129
3314.03 of the Revised Code with the superintendent of public	41130
instruction on or before May 15, 2008.	41131

(b) The school was not open for operation prior to July 1,	41132
2008.	41133

(c) The governing authority has entered into and maintains a	41134
contract with an operator of the type described in division	41135
(A)~~(2)~~(8)(b) of section ~~3314.014~~3314.02 of the Revised Code.	41136

(d) The contract with that operator qualified the school to	41137
be established pursuant to division (A) of former section 3314.016	41138
of the Revised Code.	41139

(e) The school's rating under section 3302.03 of the Revised	41140
Code does not fall below "in need of continuous improvement" for	41141
two or more consecutive years.	41142

(3) A new start-up community school may be established in two	41143
school districts under the same contract if all of the following	41144
apply:	41145

(a) At least one of the school districts in which the school	41146
is established is a challenged school district;	41147

(b) The school operates not more than one facility in each	41148
school district and, in accordance with division (B)(1) of this	41149
section, the school does not offer the same grade level classrooms	41150
in both facilities; and	41151

(c) Transportation between the two facilities does not	41152
require more than thirty minutes of direct travel time as measured	41153
by school bus.	41154

In the case of a community school to which division (B)(3) of	41155
this section applies, if only one of the school districts in which	41156
the school is established is a challenged school district, that	41157
district shall be considered the school's primary location and the	41158
district in which the school is located for the purposes of	41159
division (A)(19) of section 3314.03 and divisions (C) and (H) of	41160
section 3314.06 of the Revised Code and for all other purposes of	41161
this chapter. If both of the school districts in which the school	41162
is established are challenged school districts, the school's	41163
governing authority shall designate one of those districts to be	41164
considered the school's primary location and the district in which	41165
the school is located for the purposes of those divisions and all	41166
other purposes of this chapter and shall notify the department of	41167
education of that designation.	41168

(4) A community school may be located in multiple facilities	41169
under the same contract and, notwithstanding division (B)(1) of	41170
this section, may assign students in the same grade level to	41171
multiple facilities, as long as both of the following apply:	41172

(a) The facilities are all located in the same county.

41173

(b) The governing authority has entered into and maintains a	41174
contract with an operator.	41175

In the case of a community school to which division (B)(4) of	41176
this section applies and that maintains facilities in more than	41177
one school district, the school's governing authority shall	41178
designate one of those districts to be considered the school's	41179
primary location and the district in which the school is located	41180
for the purposes of division (A)(19) of section 3314.03 and	41181
divisions (C) and (H) of section 3314.06 of the Revised Code and	41182
for all other purposes of this chapter and shall notify the	41183
department of that designation.	41184

(5) Any facility used for a community school shall meet all	41185
health and safety standards established by law for school	41186
buildings.	41187

(C) In the case where a community school is proposed to be	41188
located in a facility owned by a school district or educational	41189
service center, the facility may not be used for such community	41190
school unless the district or service center board owning the	41191
facility enters into an agreement for the community school to	41192
utilize the facility. Use of the facility may be under any terms	41193
and conditions agreed to by the district or service center board	41194
and the school.	41195

(D) In the case of a community school that is located in	41196
multiple facilities, the department shall assign a separate	41197
internal retrieval number to the school and to each facility	41198
maintained by the school.	41199

(E) Two or more separate community schools may be located in	41200
the same facility.	41201

Sec. 3314.06. The governing authority of each community	41202
school established under this chapter shall adopt admission	41203
procedures that specify the following:	41204

(A) That except as otherwise provided in this section,	41205
admission to the school shall be open to any individual age five	41206
to twenty-two entitled to attend school pursuant to section	41207
3313.64 or 3313.65 of the Revised Code in a school district in the	41208
state, and, in the case of a community school operating a dropout	41209
prevention and recovery program granted a waiver under section	41210
3314.36 of the Revised Code, to any individual who is between	41211
twenty-two and thirty years of age, pursuant to section 3314.38 of	41212
the Revised Code.	41213

(B)(1) That admission to the school may be limited to	41214
students who have attained a specific grade level or are within a	41215
specific age group; to students that meet a definition of	41216
"at-risk," as defined in the contract; to residents of a specific	41217
geographic area within the district, as defined in the contract;	41218
or to separate groups of autistic students and nondisabled	41219
students, as authorized in section 3314.061 of the Revised Code	41220
and as defined in the contract.	41221

(2) For purposes of division (B)(1) of this section,	41222
"at-risk" students may include those students identified as gifted	41223
students under section 3324.03 of the Revised Code.	41224

(C) Whether enrollment is limited to students who reside in	41225
the district in which the school is located or is open to	41226
residents of other districts, as provided in the policy adopted	41227
pursuant to the contract.	41228

(D)(1) That there will be no discrimination in the admission	41229
of students to the school on the basis of race, creed, color,	41230
disability, or sex except that:	41231

(a) The governing authority may establish single-gender	41232
schools for the purpose described in division (G) of this section	41233
provided comparable facilities and learning opportunities are	41234
offered for both boys and girls. Such comparable facilities and	41235
opportunities may be offered for each sex at separate locations.	41236

(b) The governing authority may establish a school that	41237
simultaneously serves a group of students identified as autistic	41238
and a group of students who are not disabled, as authorized in	41239
section 3314.061 of the Revised Code. However, unless the total	41240
capacity established for the school has been filled, no student	41241
with any disability shall be denied admission on the basis of that	41242
disability.	41243

(2) That upon admission of any student with a disability, the	41244
community school will comply with all federal and state laws	41245
regarding the education of students with disabilities.	41246

(E) That the school may not limit admission to students on	41247
the basis of intellectual ability, measures of achievement or	41248
aptitude, or athletic ability, except that a school may limit its	41249
enrollment to students as described in division (B) of this	41250
section.	41251

(F) That the community school will admit the number of	41252
students that does not exceed the capacity of the school's	41253
programs, classes, grade levels, or facilities.	41254

(G) That the purpose of single-gender schools that are	41255
established shall be to take advantage of the academic benefits	41256
some students realize from single-gender instruction and	41257
facilities and to offer students and parents residing in the	41258
district the option of a single-gender education.	41259

(H) That, except as otherwise provided under division (B) of	41260
this section or section 3314.061 of the Revised Code, if the	41261
number of applicants exceeds the capacity restrictions of division	41262
(F) of this section, students shall be admitted by lot from all	41263
those submitting applications, except preference shall be given to	41264
students attending the school the previous year and to students	41265
who reside in the district in which the school is located.	41266
Preference may be given to siblings of students attending the	41267
school the previous year.	41268

Notwithstanding divisions (A) to (H) of this section, in the	41269
event the racial composition of the enrollment of the community	41270
school is violative of a federal desegregation order, the	41271
community school shall take any and all corrective measures to	41272
comply with the desegregation order.	41273

Sec. 3314.07. (A) The expiration of the contract for a	41274
community school between a sponsor and a school shall be the date	41275
provided in the contract. ~~A successor contract may be entered into~~	41276
~~pursuant to division (E) of section 3314.03 of the Revised Code~~	41277
~~unless the contract is terminated or not renewed pursuant to this~~	41278
~~section.~~	41279

(B)(1) A sponsor may choose not to renew a contract at its	41280
expiration or may choose to terminate a contract prior to its	41281
expiration for any of the following reasons:	41282

(a) Failure to meet student performance requirements stated	41283
in the contract;	41284

(b) Failure to meet generally accepted standards of fiscal	41285
management;	41286

(c) Violation of any provision of the contract or applicable	41287
state or federal law;	41288

(d) Other good cause.

41289

(2) A sponsor may choose to terminate a contract prior to its	41290
expiration if the sponsor has suspended the operation of the	41291
contract under section 3314.072 of the Revised Code.	41292

(3) At least ~~ninety~~one hundred eighty days prior to the	41293
termination or nonrenewal of a contract, the sponsor shall notify	41294
the school of the proposed action in writing. The notice shall	41295
include the reasons for the proposed action in detail, the	41296
effective date of the termination or nonrenewal, and a statement	41297
that the school may, within fourteen days of receiving the notice,	41298
request an informal hearing before the sponsor. Such request must	41299
be in writing. The informal hearing shall be held within seventy	41300
days of the receipt of a request for the hearing. Promptly	41301
following the informal hearing, the sponsor shall issue a written	41302
decision either affirming or rescinding the decision to terminate	41303
or not renew the contract.	41304

(4) A decision by the sponsor to terminate a contract may be	41305
appealed to the state board of education. The decision by the	41306
state board pertaining to an appeal under this division is final.	41307
If the sponsor is the state board, its decision to terminate a	41308
contract under division (B)(3) of this section shall be final.	41309

(5) The termination of a contract under this section shall be	41310
effective upon the occurrence of the later of the following	41311
events:	41312

(a) Ninety days following the date the sponsor notifies the	41313
school of its decision to terminate the contract as prescribed in	41314
division (B)(3) of this section;	41315

(b) If an informal hearing is requested under division (B)(3)	41316
of this section and as a result of that hearing the sponsor	41317
affirms its decision to terminate the contract, the effective date	41318
of the termination specified in the notice issued under division	41319
(B)(3) of this section, or if that decision is appealed to the	41320
state board under division (B)(4) of this section and the state	41321
board affirms that decision, the date established in the	41322
resolution of the state board affirming the sponsor's decision.	41323

(6) Any community school whose contract is terminated under	41324
this division shall not enter into a contract with any other	41325
sponsor.	41326

(C) A child attending a community school whose contract has	41327
been terminated, nonrenewed, or suspended or that closes for any	41328
reason shall be admitted to the schools of the district in which	41329
the child is entitled to attend under section 3313.64 or 3313.65	41330
of the Revised Code. Any deadlines established for the purpose of	41331
admitting students under section 3313.97 or 3313.98 of the Revised	41332
Code shall be waived for students to whom this division pertains.	41333

(D) If a community school does not intend to renew a contract	41334
with its sponsor, the community school shall notify its sponsor in	41335
writing of that fact at least one hundred eighty days prior to the	41336
expiration of the contract. Such a community school may enter into	41337
a contract with a new sponsor in accordance with section 3314.03	41338
of the Revised Code upon the expiration of the previous contract.	41339

(E) A sponsor of a community school and the officers,	41340
directors, or employees of such a sponsor are not liable in	41341
damages in a tort or other civil action for harm allegedly arising	41342
from either of the following:	41343

(1) A failure of the community school or any of its officers,	41344
directors, or employees to perform any statutory or common law	41345
duty or responsibility or any other legal obligation;	41346

(2) An action or omission of the community school or any of	41347
its officers, directors, or employees that results in harm.	41348

(F) As used in this section:

41349

(1) "Harm" means injury, death, or loss to person or	41350
property.	41351

(2) "Tort action" means a civil action for damages for	41352
injury, death, or loss to person or property other than a civil	41353
action for damages for a breach of contract or another agreement	41354
between persons.	41355

Sec. 3314.08. The deductions under division (C) and the	41356
payments under division (D) of this section for fiscal years ~~2010~~	41357
2012 and ~~2011~~2013 shall be made in accordance with section	41358
3314.088 of the Revised Code.	41359

(A) As used in this section:

41360

(1) "Base formula amount" means the amount specified as such	41361
in a community school's financial plan for a school year pursuant	41362
to division (A)(15) of section 3314.03 of the Revised Code.	41363

(2) "IEP" has the same meaning as in section 3323.01 of the	41364
Revised Code.	41365

(3) "Applicable special education weight" means the multiple	41366
specified in section 3317.013 of the Revised Code for a disability	41367
described in that section.	41368

(4) "Applicable vocational education weight" means:

41369

(a) For a student enrolled in vocational education programs	41370
or classes described in division (A) of section 3317.014 of the	41371
Revised Code, the multiple specified in that division;	41372

(b) For a student enrolled in vocational education programs	41373
or classes described in division (B) of section 3317.014 of the	41374
Revised Code, the multiple specified in that division.	41375

(5) "Entitled to attend school" means entitled to attend	41376
school in a district under section 3313.64 or 3313.65 of the	41377
Revised Code.	41378

(6) A community school student is "included in the poverty	41379
student count" of a school district if the student is entitled to	41380
attend school in the district and the student's family receives	41381
assistance under the Ohio works first program.	41382

(7) "Poverty-based assistance reduction factor" means the	41383
percentage figure, if any, for reducing the per pupil amount of	41384
poverty-based assistance a community school is entitled to receive	41385
pursuant to divisions (D)(5) to (9) of this section in any year,	41386
as specified in the school's financial plan for the year pursuant	41387
to division (A)(15) of section 3314.03 of the Revised Code.	41388

(8) "All-day kindergarten" has the same meaning as in section	41389
~~3317.029~~3321.05 of the Revised Code.	41390

(9) "State education aid" has the same meaning as in section	41391
5751.20 of the Revised Code.	41392

(B) The state board of education shall adopt rules requiring	41393
both of the following:	41394

(1) The board of education of each city, exempted village,	41395
and local school district to annually report the number of	41396
students entitled to attend school in the district who are	41397
enrolled in grades one through twelve in a community school	41398
established under this chapter, the number of students entitled to	41399
attend school in the district who are enrolled in kindergarten in	41400
a community school, the number of those kindergartners who are	41401
enrolled in all-day kindergarten in their community school, and	41402
for each child, the community school in which the child is	41403
enrolled.	41404

(2) The governing authority of each community school	41405
established under this chapter to annually report all of the	41406
following:	41407

(a) The number of students enrolled in grades one through	41408
twelve and the number of students enrolled in kindergarten in the	41409
school who are not receiving special education and related	41410
services pursuant to an IEP;	41411

(b) The number of enrolled students in grades one through	41412
twelve and the number of enrolled students in kindergarten, who	41413
are receiving special education and related services pursuant to	41414
an IEP;	41415

(c) The number of students reported under division (B)(2)(b)	41416
of this section receiving special education and related services	41417
pursuant to an IEP for a disability described in each of divisions	41418
(A) to (F) of section 3317.013 of the Revised Code;	41419

(d) The full-time equivalent number of students reported	41420
under divisions (B)(2)(a) and (b) of this section who are enrolled	41421
in vocational education programs or classes described in each of	41422
divisions (A) and (B) of section 3317.014 of the Revised Code that	41423
are provided by the community school;	41424

(e) Twenty per cent of the number of students reported under	41425
divisions (B)(2)(a) and (b) of this section who are not reported	41426
under division (B)(2)(d) of this section but who are enrolled in	41427
vocational education programs or classes described in each of	41428
divisions (A) and (B) of section 3317.014 of the Revised Code at a	41429
joint vocational school district under a contract between the	41430
community school and the joint vocational school district and are	41431
entitled to attend school in a city, local, or exempted village	41432
school district whose territory is part of the territory of the	41433
joint vocational district;	41434

(f) The number of enrolled preschool children with	41435
disabilities receiving special education services in a	41436
state-funded unit;	41437

(g) The community school's base formula amount;

41438

(h) For each student, the city, exempted village, or local	41439
school district in which the student is entitled to attend school;	41440

(i) Any poverty-based assistance reduction factor that	41441
applies to a school year.	41442

Each community school in its report of students under this	41443
division shall specify separately those individuals between	41444
twenty-two and thirty years of age enrolled in the school's	41445
dropout prevention and recovery program under section 3314.38 of	41446
the Revised Code for funding prescribed by that section.	41447

(C) From the state education aid calculated for a city,	41448
exempted village, or local school district and, if necessary, from	41449
the payment made to the district under sections 321.24 and 323.156	41450
of the Revised Code, the department of education shall annually	41451
subtract the sum of the amounts described in divisions (C)(1) to	41452
(9) of this section. However, when deducting payments on behalf of	41453
students enrolled in internet- or computer-based community	41454
schools, the department shall deduct only those amounts described	41455
in divisions (C)(1) and (2) of this section. Furthermore, the	41456
aggregate amount deducted under this division shall not exceed the	41457
sum of the district's state education aid and its payment under	41458
sections 321.24 and 323.156 of the Revised Code.	41459

(1) An amount equal to the sum of the amounts obtained when,	41460
for each community school where the district's students are	41461
enrolled, the number of the district's students reported under	41462
divisions (B)(2)(a), (b), and (e) of this section who are enrolled	41463
in grades one through twelve, and one-half the number of students	41464
reported under those divisions who are enrolled in kindergarten,	41465
in that community school is multiplied by the sum of the base	41466
formula amount of that community school plus the per pupil amount	41467
of the base funding supplements specified in divisions (C)(1) to	41468
(4) of section 3317.012 of the Revised Code.	41469

(2) The sum of the amounts calculated under divisions	41470
(C)(2)(a) and (b) of this section:	41471

(a) For each of the district's students reported under	41472
division (B)(2)(c) of this section as enrolled in a community	41473
school in grades one through twelve and receiving special	41474
education and related services pursuant to an IEP for a disability	41475
described in section 3317.013 of the Revised Code, the product of	41476
the applicable special education weight times the community	41477
school's base formula amount;	41478

(b) For each of the district's students reported under	41479
division (B)(2)(c) of this section as enrolled in kindergarten in	41480
a community school and receiving special education and related	41481
services pursuant to an IEP for a disability described in section	41482
3317.013 of the Revised Code, one-half of the amount calculated as	41483
prescribed in division (C)(2)(a) of this section.	41484

When computing deductions under division (C)(2) of this	41485
section, the department shall use the number of students with an	41486
IEP reported by each community school under divisions (B)(2)(b)	41487
and (c) of this section, as verified by the department, as the	41488
basis for those deductions, regardless of whether any particular	41489
student enrolls in a community school after the date required	41490
under federal law for reporting to the United States department of	41491
education the number of children with disabilities receiving	41492
special education and related services.	41493

(3) For each of the district's students reported under	41494
division (B)(2)(d) of this section for whom payment is made under	41495
division (D)(4) of this section, the amount of that payment;	41496

(4) An amount equal to the sum of the amounts obtained when,	41497
for each community school where the district's students are	41498
enrolled, the number of the district's students enrolled in that	41499
community school who are included in the district's poverty	41500
student count is multiplied by the per pupil amount of	41501
poverty-based assistance the school district receives that year	41502
pursuant to division (C) of section 3317.029 of the Revised Code,	41503
as adjusted by any poverty-based assistance reduction factor of	41504
that community school. The per pupil amount of that aid for the	41505
district shall be calculated by the department.	41506

(5) An amount equal to the sum of the amounts obtained when,	41507
for each community school where the district's students are	41508
enrolled, the district's per pupil amount of aid received under	41509
division (E) of section 3317.029 of the Revised Code, as adjusted	41510
by any poverty-based assistance reduction factor of the community	41511
school, is multiplied by the sum of the following:	41512

(a) The number of the district's students reported under	41513
division (B)(2)(a) of this section who are enrolled in grades one	41514
to three in that community school and who are not receiving	41515
special education and related services pursuant to an IEP;	41516

(b) One-half of the district's students who are enrolled in	41517
all-day or any other kindergarten class in that community school	41518
and who are not receiving special education and related services	41519
pursuant to an IEP;	41520

(c) One-half of the district's students who are enrolled in	41521
all-day kindergarten in that community school and who are not	41522
receiving special education and related services pursuant to an	41523
IEP.	41524

The district's per pupil amount of aid under division (E) of	41525
section 3317.029 of the Revised Code is the quotient of the amount	41526
the district received under that division divided by the	41527
district's kindergarten through third grade ADM, as defined in	41528
that section.	41529

(6) An amount equal to the sum of the amounts obtained when,	41530
for each community school where the district's students are	41531
enrolled, the district's per pupil amount received under division	41532
(F) of section 3317.029 of the Revised Code, as adjusted by any	41533
poverty-based assistance reduction factor of that community	41534
school, is multiplied by the number of the district's students	41535
enrolled in the community school who are identified as	41536
limited-English proficient.	41537

(7) An amount equal to the sum of the amounts obtained when,	41538
for each community school where the district's students are	41539
enrolled, the district's per pupil amount received under division	41540
(G) of section 3317.029 of the Revised Code, as adjusted by any	41541
poverty-based assistance reduction factor of that community	41542
school, is multiplied by the sum of the following:	41543

(a) The number of the district's students enrolled in grades	41544
one through twelve in that community school;	41545

(b) One-half of the number of the district's students	41546
enrolled in kindergarten in that community school.	41547

The district's per pupil amount under division (G) of section	41548
3317.029 of the Revised Code is the district's amount per teacher	41549
calculated under division (G)(1) or (2) of that section divided by	41550
17.	41551

(8) An amount equal to the sum of the amounts obtained when,	41552
for each community school where the district's students are	41553
enrolled, the district's per pupil amount received under divisions	41554
(H) and (I) of section 3317.029 of the Revised Code, as adjusted	41555
by any poverty-based assistance reduction factor of that community	41556
school, is multiplied by the sum of the following:	41557

(a) The number of the district's students enrolled in grades	41558
one through twelve in that community school;	41559

(b) One-half of the number of the district's students	41560
enrolled in kindergarten in that community school.	41561

The district's per pupil amount under divisions (H) and (I)	41562
of section 3317.029 of the Revised Code is the amount calculated	41563
under each division divided by the district's formula ADM, as	41564
defined in section 3317.02 of the Revised Code.	41565

(9) An amount equal to the per pupil state parity aid funding	41566
calculated for the school district under either division (C) or	41567
(D) of section 3317.0217 of the Revised Code multiplied by the sum	41568
of the number of students in grades one through twelve, and	41569
one-half of the number of students in kindergarten, who are	41570
entitled to attend school in the district and are enrolled in a	41571
community school as reported under division (B)(1) of this	41572
section.	41573

(D) The department shall annually pay to a community school	41574
established under this chapter the sum of the amounts described in	41575
divisions (D)(1) to (10) of this section. However, the department	41576
shall calculate and pay to each internet- or computer-based	41577
community school only the amounts described in divisions (D)(1) to	41578
(3) of this section. Furthermore, the sum of the payments to all	41579
community schools under divisions (D)(1), (2), and (4) to (10) of	41580
this section for the students entitled to attend school in any	41581
particular school district shall not exceed the sum of that	41582
district's state education aid and its payment under sections	41583
321.24 and 323.156 of the Revised Code. If the sum of the payments	41584
calculated under those divisions for the students entitled to	41585
attend school in a particular school district exceeds the sum of	41586
that district's state education aid and its payment under sections	41587
321.24 and 323.156 of the Revised Code, the department shall	41588
calculate and apply a proration factor to the payments to all	41589
community schools under those divisions for the students entitled	41590
to attend school in that district.	41591

(1) ~~Subject to section 3314.085 of the Revised Code, an~~An	41592
amount equal to the sum of the amounts obtained when the number of	41593
students enrolled in grades one through twelve, plus one-half of	41594
the kindergarten students in the school, reported under divisions	41595
(B)(2)(a), (b), and (e) of this section who are not receiving	41596
special education and related services pursuant to an IEP for a	41597
disability described in section 3317.013 of the Revised Code is	41598
multiplied by the sum of the community school's base formula	41599
amount plus the per pupil amount of the base funding supplements	41600
specified in divisions (C)(1) to (4) of section 3317.012 of the	41601
Revised Code.	41602

(2) ~~Prior to fiscal year 2007, the greater of the amount~~	41603
~~calculated under division (D)(2)(a) or (b) of this section, and in~~	41604
~~fiscal year 2007 and thereafter, the amount calculated under~~	41605
~~division (D)(2)(b) of this section:~~	41606

~~(a) The aggregate amount that the department paid to the~~	41607
~~community school in fiscal year 1999 for students receiving~~	41608
~~special education and related services pursuant to IEPs, excluding~~	41609
~~federal funds and state disadvantaged pupil impact aid funds;~~	41610

~~(b)~~ The sum of the following amounts ~~calculated under~~	41611
~~divisions (D)(2)(b)(i) and (ii) of this section~~:	41612

~~(i)~~(a) For each student reported under division (B)(2)(c) of	41613
this section as enrolled in the school in grades one through	41614
twelve and receiving special education and related services	41615
pursuant to an IEP for a disability described in section 3317.013	41616
of the Revised Code, the following amount:	41617

(the school's base formula amount plus	41618

the per pupil amount of the base funding supplements specified in	41619

divisions (C)(1) to (4) of section 3317.012 of the Revised Code)	41620

+ (the applicable special education weight X the	41621

community school's base formula amount);	41622

~~(ii)~~(b) For each student reported under division (B)(2)(c) of	41623
this section as enrolled in kindergarten and receiving special	41624
education and related services pursuant to an IEP for a disability	41625
described in section 3317.013 of the Revised Code, one-half of the	41626
amount calculated under the formula prescribed in division	41627
(D)(2)~~(b)(i)~~(a) of this section.	41628

When computing payments under division (D)(2) of this	41629
section, the department shall use the number of students with an	41630
IEP reported by the community school under divisions (B)(2)(b) and	41631
(c) of this section, as verified by the department, as the basis	41632
for those payments, regardless of whether any particular student	41633
enrolls in the community school after the date required under	41634
federal law for reporting to the United States department of	41635
education the number of children with disabilities receiving	41636
special education and related services.	41637

(3) An amount received from federal funds to provide special	41638
education and related services to students in the community	41639
school, as determined by the superintendent of public instruction.	41640

(4) For each student reported under division (B)(2)(d) of	41641
this section as enrolled in vocational education programs or	41642
classes that are described in section 3317.014 of the Revised	41643
Code, are provided by the community school, and are comparable as	41644
determined by the superintendent of public instruction to school	41645
district vocational education programs and classes eligible for	41646
state weighted funding under section 3317.014 of the Revised Code,	41647
an amount equal to the applicable vocational education weight	41648
times the community school's base formula amount times the	41649
percentage of time the student spends in the vocational education	41650
programs or classes.	41651

(5) An amount equal to the sum of the amounts obtained when,	41652
for each school district where the community school's students are	41653
entitled to attend school, the number of that district's students	41654
enrolled in the community school who are included in the	41655
district's poverty student count is multiplied by the per pupil	41656
amount of poverty-based assistance that school district receives	41657
that year pursuant to division (C) of section 3317.029 of the	41658
Revised Code, as adjusted by any poverty-based assistance	41659
reduction factor of the community school. The per pupil amount of	41660
aid shall be determined as described in division (C)(4) of this	41661
section.	41662

(6) An amount equal to the sum of the amounts obtained when,	41663
for each school district where the community school's students are	41664
entitled to attend school, the district's per pupil amount of aid	41665
received under division (E) of section 3317.029 of the Revised	41666
Code, as adjusted by any poverty-based assistance reduction factor	41667
of the community school, is multiplied by the sum of the	41668
following:	41669

(a) The number of the district's students reported under	41670
division (B)(2)(a) of this section who are enrolled in grades one	41671
to three in that community school and who are not receiving	41672
special education and related services pursuant to an IEP;	41673

(b) One-half of the district's students who are enrolled in	41674
all-day or any other kindergarten class in that community school	41675
and who are not receiving special education and related services	41676
pursuant to an IEP;	41677

(c) One-half of the district's students who are enrolled in	41678
all-day kindergarten in that community school and who are not	41679
receiving special education and related services pursuant to an	41680
IEP.	41681

The district's per pupil amount of aid under division (E) of	41682
section 3317.029 of the Revised Code shall be determined as	41683
described in division (C)(5) of this section.	41684

(7) An amount equal to the sum of the amounts obtained when,	41685
for each school district where the community school's students are	41686
entitled to attend school, the number of that district's students	41687
enrolled in the community school who are identified as	41688
limited-English proficient is multiplied by the district's per	41689
pupil amount received under division (F) of section 3317.029 of	41690
the Revised Code, as adjusted by any poverty-based assistance	41691
reduction factor of the community school.	41692

(8) An amount equal to the sum of the amounts obtained when,	41693
for each school district where the community school's students are	41694
entitled to attend school, the district's per pupil amount	41695
received under division (G) of section 3317.029 of the Revised	41696
Code, as adjusted by any poverty-based assistance reduction factor	41697
of the community school, is multiplied by the sum of the	41698
following:	41699

(a) The number of the district's students enrolled in grades	41700
one through twelve in that community school;	41701

(b) One-half of the number of the district's students	41702
enrolled in kindergarten in that community school.	41703

The district's per pupil amount under division (G) of section	41704
3317.029 of the Revised Code shall be determined as described in	41705
division (C)(7) of this section.	41706

(9) An amount equal to the sum of the amounts obtained when,	41707
for each school district where the community school's students are	41708
entitled to attend school, the district's per pupil amount	41709
received under divisions (H) and (I) of section 3317.029 of the	41710
Revised Code, as adjusted by any poverty-based assistance	41711
reduction factor of the community school, is multiplied by the sum	41712
of the following:	41713

(a) The number of the district's students enrolled in grades	41714
one through twelve in that community school;	41715

(b) One-half of the number of the district's students	41716
enrolled in kindergarten in that community school.	41717

The district's per pupil amount under divisions (H) and (I)	41718
of section 3317.029 of the Revised Code shall be determined as	41719
described in division (C)(8) of this section.	41720

(10) An amount equal to the sum of the amounts obtained when,	41721
for each school district where the community school's students are	41722
entitled to attend school, the district's per pupil amount of	41723
state parity aid funding calculated under either division (C) or	41724
(D) of section 3317.0217 of the Revised Code is multiplied by the	41725
sum of the number of that district's students enrolled in grades	41726
one through twelve, and one-half of the number of that district's	41727
students enrolled in kindergarten, in the community school as	41728
reported under division (B)(2)(a) and (b) of this section.	41729

(E)(1) If a community school's costs for a fiscal year for a	41730
student receiving special education and related services pursuant	41731
to an IEP for a disability described in divisions (B) to (F) of	41732
section 3317.013 of the Revised Code exceed the threshold	41733
catastrophic cost for serving the student as specified in division	41734
(C)(3)(b) of section 3317.022 of the Revised Code, the school may	41735
submit to the superintendent of public instruction documentation,	41736
as prescribed by the superintendent, of all its costs for that	41737
student. Upon submission of documentation for a student of the	41738
type and in the manner prescribed, the department shall pay to the	41739
community school an amount equal to the school's costs for the	41740
student in excess of the threshold catastrophic costs.	41741

(2) The community school shall only report under division	41742
(E)(1) of this section, and the department shall only pay for, the	41743
costs of educational expenses and the related services provided to	41744
the student in accordance with the student's individualized	41745
education program. Any legal fees, court costs, or other costs	41746
associated with any cause of action relating to the student may	41747
not be included in the amount.	41748

(F) A community school may apply to the department of	41749
education for preschool children with disabilities ~~or gifted~~ unit	41750
funding the school would receive if it were a school district.	41751
Upon request of its governing authority, a community school that	41752
received such unit funding as a school district-operated school	41753
before it became a community school shall retain any units awarded	41754
to it as a school district-operated school provided the school	41755
continues to meet eligibility standards for the unit.	41756

A community school shall be considered a school district and	41757
its governing authority shall be considered a board of education	41758
for the purpose of applying to any state or federal agency for	41759
grants that a school district may receive under federal or state	41760
law or any appropriations act of the general assembly. The	41761
governing authority of a community school may apply to any private	41762
entity for additional funds.	41763

(G) A board of education sponsoring a community school may	41764
utilize local funds to make enhancement grants to the school or	41765
may agree, either as part of the contract or separately, to	41766
provide any specific services to the community school at no cost	41767
to the school.	41768

(H) A community school may not levy taxes or issue bonds	41769
secured by tax revenues.	41770

(I) No community school shall charge tuition for the	41771
enrollment of any student.	41772

(J)(1)(a) A community school may borrow money to pay any	41773
necessary and actual expenses of the school in anticipation of the	41774
receipt of any portion of the payments to be received by the	41775
school pursuant to division (D) of this section. The school may	41776
issue notes to evidence such borrowing. The proceeds of the notes	41777
shall be used only for the purposes for which the anticipated	41778
receipts may be lawfully expended by the school.	41779

(b) A school may also borrow money for a term not to exceed	41780
fifteen years for the purpose of acquiring facilities.	41781

(2) Except for any amount guaranteed under section 3318.50 of	41782
the Revised Code, the state is not liable for debt incurred by the	41783
governing authority of a community school.	41784

(K) For purposes of determining the number of students for	41785
which divisions (D)(5) and (6) of this section applies in any	41786
school year, a community school may submit to the department of	41787
job and family services, no later than the first day of March, a	41788
list of the students enrolled in the school. For each student on	41789
the list, the community school shall indicate the student's name,	41790
address, and date of birth and the school district where the	41791
student is entitled to attend school. Upon receipt of a list under	41792
this division, the department of job and family services shall	41793
determine, for each school district where one or more students on	41794
the list is entitled to attend school, the number of students	41795
residing in that school district who were included in the	41796
department's report under section 3317.10 of the Revised Code. The	41797
department shall make this determination on the basis of	41798
information readily available to it. Upon making this	41799
determination and no later than ninety days after submission of	41800
the list by the community school, the department shall report to	41801
the state department of education the number of students on the	41802
list who reside in each school district who were included in the	41803
department's report under section 3317.10 of the Revised Code. In	41804
complying with this division, the department of job and family	41805
services shall not report to the state department of education any	41806
personally identifiable information on any student.	41807

(L) The department of education shall adjust the amounts	41808
subtracted and paid under divisions (C) and (D) of this section to	41809
reflect any enrollment of students in community schools for less	41810
than the equivalent of a full school year. The state board of	41811
education within ninety days after April 8, 2003, shall adopt in	41812
accordance with Chapter 119. of the Revised Code rules governing	41813
the payments to community schools under this section and section	41814
3314.13 of the Revised Code including initial payments in a school	41815
year and adjustments and reductions made in subsequent periodic	41816
payments to community schools and corresponding deductions from	41817
school district accounts as provided under divisions (C) and (D)	41818
of this section and section 3314.13 of the Revised Code. For	41819
purposes of this section and section 3314.13 of the Revised Code:	41820

(1) A student shall be considered enrolled in the community	41821
school for any portion of the school year the student is	41822
participating at a college under Chapter 3365. of the Revised	41823
Code.	41824

(2) A student shall be considered to be enrolled in a	41825
community school ~~during a school year~~ for the period of time	41826
beginning on the later of the date on which the school both has	41827
received documentation of the student's enrollment from a parent	41828
and the student has commenced participation in learning	41829
opportunities as defined in the contract with the sponsor, or	41830
thirty days prior to the date on which the student is entered into	41831
the education management information system established under	41832
section 3301.0714 of the Revised Code. For purposes of applying	41833
this division and division (L)(3) of this section to a community	41834
school student, "learning opportunities" shall be defined in the	41835
contract, which shall describe both classroom-based and	41836
non-classroom-based learning opportunities and shall be in	41837
compliance with criteria and documentation requirements for	41838
student participation which shall be established by the	41839
department. Any student's instruction time in non-classroom-based	41840
learning opportunities shall be certified by an employee of the	41841
community school. A student's enrollment shall be considered to	41842
cease on the date on which any of the following occur:	41843

(a) The community school receives documentation from a parent	41844
terminating enrollment of the student.	41845

(b) The community school is provided documentation of a	41846
student's enrollment in another public or private school.	41847

(c) The community school ceases to offer learning	41848
opportunities to the student pursuant to the terms of the contract	41849
with the sponsor or the operation of any provision of this	41850
chapter.	41851

Beginning in the 2011-2012 school year, any student who	41852
completed the prior school year in a community school shall be	41853
considered to be enrolled in the same school in the subsequent	41854
school year until the student's enrollment has ceased as specified	41855
in division (L)(2) of this section.	41856

(3) The department shall determine each community school	41857
student's percentage of full-time equivalency based on the	41858
percentage of learning opportunities offered by the community	41859
school to that student, reported either as number of hours or	41860
number of days, is of the total learning opportunities offered by	41861
the community school to a student who attends for the school's	41862
entire school year. However, no internet- or computer-based	41863
community school shall be credited for any time a student spends	41864
participating in learning opportunities beyond ten hours within	41865
any period of twenty-four consecutive hours. Whether it reports	41866
hours or days of learning opportunities, each community school	41867
shall offer not less than nine hundred twenty hours of learning	41868
opportunities during the school year.	41869

(M) The department of education shall reduce the amounts paid	41870
under division (D) of this section to reflect payments made to	41871
colleges under division (B) of section 3365.07 of the Revised Code	41872
or through alternative funding agreements entered into under rules	41873
adopted under section 3365.12 of the Revised Code.	41874

(N)(1) No student shall be considered enrolled in any	41875
internet- or computer-based community school or, if applicable to	41876
the student, in any community school that is required to provide	41877
the student with a computer pursuant to division (C) of section	41878
3314.22 of the Revised Code, unless both of the following	41879
conditions are satisfied:	41880

(a) The student possesses or has been provided with all	41881
required hardware and software materials and all such materials	41882
are operational so that the student is capable of fully	41883
participating in the learning opportunities specified in the	41884
contract between the school and the school's sponsor as required	41885
by division (A)(23) of section 3314.03 of the Revised Code;	41886

(b) The school is in compliance with division (A) of section	41887
3314.22 of the Revised Code, relative to such student.	41888

(2) In accordance with policies adopted jointly by the	41889
superintendent of public instruction and the auditor of state, the	41890
department shall reduce the amounts otherwise payable under	41891
division (D) of this section to any community school that includes	41892
in its program the provision of computer hardware and software	41893
materials to any student, if such hardware and software materials	41894
have not been delivered, installed, and activated for each such	41895
student in a timely manner or other educational materials or	41896
services have not been provided according to the contract between	41897
the individual community school and its sponsor.	41898

The superintendent of public instruction and the auditor of	41899
state shall jointly establish a method for auditing any community	41900
school to which this division pertains to ensure compliance with	41901
this section.	41902

The superintendent, auditor of state, and the governor shall	41903
jointly make recommendations to the general assembly for	41904
legislative changes that may be required to assure fiscal and	41905
academic accountability for such schools.	41906

(O)(1) If the department determines that a review of a	41907
community school's enrollment is necessary, such review shall be	41908
completed and written notice of the findings shall be provided to	41909
the governing authority of the community school and its sponsor	41910
within ninety days of the end of the community school's fiscal	41911
year, unless extended for a period not to exceed thirty additional	41912
days for one of the following reasons:	41913

(a) The department and the community school mutually agree to	41914
the extension.	41915

(b) Delays in data submission caused by either a community	41916
school or its sponsor.	41917

(2) If the review results in a finding that additional	41918
funding is owed to the school, such payment shall be made within	41919
thirty days of the written notice. If the review results in a	41920
finding that the community school owes moneys to the state, the	41921
following procedure shall apply:	41922

(a) Within ten business days of the receipt of the notice of	41923
findings, the community school may appeal the department's	41924
determination to the state board of education or its designee.	41925

(b) The board or its designee shall conduct an informal	41926
hearing on the matter within thirty days of receipt of such an	41927
appeal and shall issue a decision within fifteen days of the	41928
conclusion of the hearing.	41929

(c) If the board has enlisted a designee to conduct the	41930
hearing, the designee shall certify its decision to the board. The	41931
board may accept the decision of the designee or may reject the	41932
decision of the designee and issue its own decision on the matter.	41933

(d) Any decision made by the board under this division is	41934
final.	41935

(3) If it is decided that the community school owes moneys to	41936
the state, the department shall deduct such amount from the	41937
school's future payments in accordance with guidelines issued by	41938
the superintendent of public instruction.	41939

(P) The department shall not subtract from a school	41940
district's state aid account under division (C) of this section	41941
and shall not pay to a community school under division (D) of this	41942
section any amount for any of the following:	41943

(1) Any student who has graduated from the twelfth grade of a	41944
public or nonpublic high school;	41945

(2) Any student who is not a resident of the state;

41946

(3) Any student who was enrolled in the community school	41947
during the previous school year when assessments were administered	41948
under section 3301.0711 of the Revised Code but did not take one	41949
or more of the assessments required by that section and was not	41950
excused pursuant to division (C)(1) or (3) of that section, unless	41951
the superintendent of public instruction grants the student a	41952
waiver from the requirement to take the assessment and a parent is	41953
not paying tuition for the student pursuant to section 3314.26 of	41954
the Revised Code. The superintendent may grant a waiver only for	41955
good cause in accordance with rules adopted by the state board of	41956
education.	41957

(4) Any student who has attained the age of twenty-two years,	41958
except for ~~veterans~~the following:	41959

(a) A veteran of the armed services whose attendance was	41960
interrupted before completing the recognized twelve-year course of	41961
the public schools by reason of induction or enlistment in the	41962
armed forces and who ~~apply~~applies for enrollment in a community	41963
school not later than four years after termination of war or ~~their~~	41964
the veteran's honorable discharge. If, however, any such veteran	41965
elects to enroll in special courses organized for veterans for	41966
whom tuition is paid under federal law, or otherwise, the	41967
department shall not subtract from a school district's state aid	41968
account under division (C) of this section and shall not pay to a	41969
community school under division (D) of this section any amount for	41970
that veteran.	41971

(b) An individual enrolled under section 3314.38 of the	41972
Revised Code in a dropout prevention and recovery program operated	41973
by a community school.	41974

Sec. 3314.087. (A) As used in this section:

41975

(1) "Career-technical program" means vocational programs or	41976
classes described in division (A) or (B) of section 3317.014 of	41977
the Revised Code in which a student is enrolled.	41978

(2) "Formula ADM," "category one or two vocational education	41979
ADM," and "FTE basis" have the same meanings as in section 3317.02	41980
of the Revised Code.	41981

(3) "Resident school district" means the city, exempted	41982
village, or local school district in which a student is entitled	41983
to attend school under section 3313.64 or 3313.65 of the Revised	41984
Code.	41985

(B) Notwithstanding anything to the contrary in this chapter	41986
or Chapter ~~3306. or~~ 3317. of the Revised Code, a student enrolled	41987
in a community school may simultaneously enroll in the	41988
career-technical program operated by the student's resident school	41989
district. On an FTE basis, the student's resident school district	41990
shall count the student in the category one or two vocational	41991
education ADM for the proportion of the time the student is	41992
enrolled in the district's career-technical program and,	41993
accordingly, the department of education shall calculate funds	41994
under ~~Chapters 3306. and~~Chapter 3317. for the district	41995
attributable to the student for the proportion of time the student	41996
attends the career-technical program. The community school shall	41997
count the student in its enrollment report under section 3314.08	41998
of the Revised Code and shall report to the department the	41999
proportion of time that the student attends classes at the	42000
community school. The department shall pay the community school	42001
and deduct from the student's resident school district the amount	42002
computed for the student under section 3314.08 of the Revised Code	42003
in proportion to the fraction of the time on an FTE basis that the	42004
student attends classes at the community school. "Full-time	42005
equivalency" for a community school student, as defined in	42006
division (L) of section 3314.08 of the Revised Code, does not	42007
apply to the student.	42008

Sec. 3314.088. ~~(A)~~ For purposes of applying sections 3314.08	42009
and 3314.13 of the Revised Code to fiscal years ~~2010~~2012 and ~~2011~~	42010
2013:	42011

~~(1)~~(A) The base formula amount for community schools for each	42012
of fiscal ~~year 2010 is $5,718 and for fiscal year 2011 is $5,703.~~	42013
~~These respective amounts~~years 2012 and 2013 is $5,653. That	42014
amount shall be applied wherein sections 3314.08 and 3314.13 of	42015
the Revised Code the base formula amount is specified, except for	42016
deducting and paying amounts for special education weighted	42017
funding and vocational education weighted funding.	42018

~~(2)~~(B) The base funding supplements under section 3317.012 of	42019
the Revised Code shall be deemed in each year to be the amounts	42020
specified in that section for fiscal year 2009.	42021

~~(3)~~(C) Special education additional weighted funding shall be	42022
calculated by multiplying the applicable weight specified for	42023
fiscal year 2009 in section 3317.013 of the Revised Code, as it	42024
existed for that fiscal year ~~2009~~, times $5,732.	42025

~~(4)~~(D) Vocational education additional weighted funding shall	42026
be calculated by multiplying the applicable weight specified in	42027
section 3317.014 of the Revised Code for fiscal year 2009 times	42028
$5,732.	42029

~~(5)~~(E) The per pupil amounts paid to a school district under	42030
sections 3317.029 and 3317.0217 of the Revised Code shall be	42031
deemed to be the respective per pupil amounts paid under those	42032
sections to that district for fiscal year 2009.	42033

~~(6)~~(F) A community school may receive all-day kindergarten	42034
payments under section 3314.13 of the Revised Code only for	42035
all-day kindergarten students who are entitled to attend school in	42036
school districts that, for fiscal year 2009, met the eligibility	42037
requirements of division (D) of section 3317.029 of the Revised	42038
Code. For students entitled to attend school in such school	42039
districts that actually received payment for all-day kindergarten	42040
for fiscal year 2009, the payments to community schools under	42041
section 3314.13 of the Revised Code shall be deducted from the	42042
school district's state education aid. For students entitled to	42043
attend school in such school districts that did not receive	42044
payment for all-day kindergarten for fiscal year 2009, the	42045
payments to community schools under section 3314.13 of the Revised	42046
Code shall be paid out of the funds appropriated under	42047
appropriation item 200550, foundation funding~~, as appropriated in~~	42048
~~section 265.10 of Am. Sub. H.B. 1 of the 128th General Assembly~~.	42049
As used in this division, "entitled to attend school" has the same	42050
meaning as in section 3314.08 of the Revised Code.	42051

~~(B) For purposes of applying section 3314.085 of the Revised~~	42052
~~Code to fiscal years 2010 and 2011, the minimum per pupil~~	42053
~~expenditure required for pupil instruction under that section is~~	42054
~~$2,931, which equals the minimum amount required by that section~~	42055
~~for fiscal year 2009.~~	42056

Sec. 3314.091. (A) A school district is not required to	42057
provide transportation for any native student enrolled in a	42058
community school if the district board of education has entered	42059
into an agreement with the community school's governing authority	42060
that designates the community school as responsible for providing	42061
or arranging for the transportation of the district's native	42062
students to and from the community school. For any such agreement	42063
to be effective, it must be certified by the superintendent of	42064
public instruction as having met all of the following	42065
requirements:	42066

(1) It is submitted to the department of education by a	42067
deadline which shall be established by the department.	42068

(2) In accordance with divisions (C)(1) and (2) of this	42069
section, it specifies qualifications, such as residing a minimum	42070
distance from the school, for students to have their	42071
transportation provided or arranged.	42072

(3) The transportation provided by the community school is	42073
subject to all provisions of the Revised Code and all rules	42074
adopted under the Revised Code pertaining to pupil transportation.	42075

(4) The sponsor of the community school also has signed the	42076
agreement.	42077

(B)(1) For the school year that begins on July 1, 2007, a	42078
school district is not required to provide transportation for any	42079
native student enrolled in a community school, if the community	42080
school during the previous school year transported the students	42081
enrolled in the school or arranged for the students'	42082
transportation, even if that arrangement consisted of having	42083
parents transport their children to and from the school, but did	42084
not enter into an agreement to transport or arrange for	42085
transportation for those students under division (A) of this	42086
section, and if the governing authority of the community school by	42087
July 15, 2007, submits written notification to the district board	42088
of education stating that the governing authority is accepting	42089
responsibility for providing or arranging for the transportation	42090
of the district's native students to and from the community	42091
school.	42092

(2) For any school year subsequent to the school year that	42093
begins on July 1, 2007, a school district is not required to	42094
provide transportation for any native student enrolled in a	42095
community school if the governing authority of the community	42096
school, by the thirty-first day of January of the previous school	42097
year, submits written notification to the district board of	42098
education stating that the governing authority is accepting	42099
responsibility for providing or arranging for the transportation	42100
of the district's native students to and from the community	42101
school. If the governing authority of the community school has	42102
previously accepted responsibility for providing or arranging for	42103
the transportation of a district's native students to and from the	42104
community school, under division (B)(1) or (2) of this section,	42105
and has since relinquished that responsibility under division	42106
(B)(3) of this section, the governing authority shall not accept	42107
that responsibility again unless the district board consents to	42108
the governing authority's acceptance of that responsibility.	42109

(3) A governing authority's acceptance of responsibility	42110
under division (B)(1) or (2) of this section shall cover an entire	42111
school year, and shall remain in effect for subsequent school	42112
years unless the governing authority submits written notification	42113
to the district board that the governing authority is	42114
relinquishing the responsibility. However, a governing authority	42115
shall not relinquish responsibility for transportation before the	42116
end of a school year, and shall submit the notice relinquishing	42117
responsibility by the thirty-first day of January, in order to	42118
allow the school district reasonable time to prepare	42119
transportation for its native students enrolled in the school.	42120

(C)(1) A community school governing authority that enters	42121
into an agreement under division (A) of this section, or that	42122
accepts responsibility under division (B) of this section, shall	42123
provide or arrange transportation free of any charge for each of	42124
its enrolled students who is required to be transported under	42125
section 3327.01 of the Revised Code or who would otherwise be	42126
transported by the school district under the district's	42127
transportation policy. The governing authority shall report to the	42128
department of education the number of students transported or for	42129
whom transportation is arranged under this section in accordance	42130
with rules adopted by the state board of education.	42131

(2) The governing authority may provide or arrange	42132
transportation for any other enrolled student who is not eligible	42133
for transportation in accordance with division (C)(1) of this	42134
section and may charge a fee for such service up to the actual	42135
cost of the service.	42136

(3) Notwithstanding anything to the contrary in division	42137
(C)(1) or (2) of this section, a community school governing	42138
authority shall provide or arrange transportation free of any	42139
charge for any disabled student enrolled in the school for whom	42140
the student's individualized education program developed under	42141
Chapter 3323. of the Revised Code specifies transportation.	42142

(D)(1) If a school district board and a community school	42143
governing authority elect to enter into an agreement under	42144
division (A) of this section, the department of education shall	42145
make payments to the community school according to the terms of	42146
the agreement for each student actually transported under division	42147
(C)(1) of this section.	42148

If a community school governing authority accepts	42149
transportation responsibility under division (B) of this section,	42150
the department shall make payments to the community school for	42151
each student actually transported or for whom transportation is	42152
arranged by the community school under division (C)(1) of this	42153
section, calculated as follows:	42154

(a) For any fiscal year which the general assembly has	42155
specified that transportation payments to school districts be	42156
based on an across-the-board percentage of the district's payment	42157
for the previous school year, the per pupil payment to the	42158
community school shall be the following quotient:	42159

(i) The total amount calculated for the school district in	42160
which the child is entitled to attend school for student	42161
transportation other than transportation of children with	42162
disabilities; divided by	42163

(ii) The number of students included in the district's	42164
transportation ADM for the current fiscal year, as reported under	42165
division (B)(13) of section 3317.03 of the Revised Code, plus the	42166
number of students enrolled in the community school not counted in	42167
the district's transportation ADM who are transported under	42168
division (B)(1) or (2) of this section.	42169

(b) For any fiscal year which the general assembly has	42170
specified that the transportation payments to school districts be	42171
calculated in accordance with section ~~3306.12~~3317.0212 of the	42172
Revised Code and any rules of the state board of education	42173
implementing that section, the payment to the community school	42174
shall be the amount so calculated that otherwise would be paid to	42175
the school district in which the student is entitled to attend	42176
school by the method of transportation the district would have	42177
used. The community school, however, is not required to use the	42178
same method to transport that student.	42179

(c) Divisions (D)(1)(a) and (b) of this section do not apply	42180
to fiscal years 2012 and 2013. Rather, for each of those fiscal	42181
years, the per pupil payment to a community school for	42182
transporting a student shall be the total amount paid under former	42183
section 3306.12 of the Revised Code for fiscal year 2011 to the	42184
school district in which the child is entitled to attend school	42185
divided by that district's "qualifying ridership," as defined in	42186
that section for fiscal year 2011.	42187

As used in this division "entitled to attend school" means	42188
entitled to attend school under section 3313.64 or 3313.65 of the	42189
Revised Code.	42190

(2) The department shall deduct the payment under division	42191
(D)(1) of this section from the state education aid, as defined in	42192
section 3314.08 of the Revised Code, and, if necessary, the	42193
payment under sections 321.14 and 323.156 of the Revised Code,	42194
that is otherwise paid to the school district in which the student	42195
enrolled in the community school is entitled to attend school. The	42196
department shall include the number of the district's native	42197
students for whom payment is made to a community school under	42198
division (D)(1) of this section in the calculation of the	42199
district's transportation payment under section ~~3306.12~~3317.0212	42200
of the Revised Code and the operating appropriations act.	42201

(3) A community school shall be paid under division (D)(1) of	42202
this section only for students who are eligible as specified in	42203
section 3327.01 of the Revised Code and division (C)(1) of this	42204
section, and whose transportation to and from school is actually	42205
provided, who actually utilized transportation arranged, or for	42206
whom a payment in lieu of transportation is made by the community	42207
school's governing authority. To qualify for the payments, the	42208
community school shall report to the department, in the form and	42209
manner required by the department, data on the number of students	42210
transported or whose transportation is arranged, the number of	42211
miles traveled, cost to transport, and any other information	42212
requested by the department.	42213

(4) A community school shall use payments received under this	42214
section solely to pay the costs of providing or arranging for the	42215
transportation of students who are eligible as specified in	42216
section 3327.01 of the Revised Code and division (C)(1) of this	42217
section, which may include payments to a parent, guardian, or	42218
other person in charge of a child in lieu of transportation.	42219

(E) Except when arranged through payment to a parent,	42220
guardian, or person in charge of a child, transportation provided	42221
or arranged for by a community school pursuant to an agreement	42222
under this section is subject to all provisions of the Revised	42223
Code, and all rules adopted under the Revised Code, pertaining to	42224
the construction, design, equipment, and operation of school buses	42225
and other vehicles transporting students to and from school. The	42226
drivers and mechanics of the vehicles are subject to all	42227
provisions of the Revised Code, and all rules adopted under the	42228
Revised Code, pertaining to drivers and mechanics of such	42229
vehicles. The community school also shall comply with sections	42230
3313.201, 3327.09, and 3327.10 of the Revised Code, division (B)	42231
of section 3327.16 of the Revised Code and, subject to division	42232
(C)(1) of this section, sections 3327.01 and 3327.02 of the	42233
Revised Code, as if it were a school district.	42234

Sec. 3314.10. (A)~~(1)~~ The governing authority of any	42235
community school established under this chapter, or any operator	42236
of the school, or both, may employ teachers and nonteaching	42237
employees necessary to carry out ~~its~~the school's mission and	42238
fulfill ~~its~~the school's contract.	42239

~~(2)~~ Except as otherwise provided under this division ~~(A)(3)~~	42240
~~of this section~~, employees hired by a community school governing	42241
authority under this section are not subject to Chapter 4117. of	42242
the Revised Code and may not organize ~~and~~or collectively bargain	42243
pursuant to ~~Chapter 4117. of the Revised Code~~that chapter.	42244
~~Notwithstanding division (D)(1) of section 4117.06 of the Revised~~	42245
~~Code, a unit containing teaching and nonteaching employees~~	42246
~~employed under this section shall be considered an appropriate~~	42247
~~unit.~~ As applicable, employment under this section is subject to	42248
either Chapter 3307. or 3309. of the Revised Code.	42249

~~(3) If a school is created by converting all or part of an~~	42250
~~existing public school rather than by establishment of a new~~	42251
~~start-up school, at the time of conversion, the~~The employees of	42252
~~the~~a community school ~~shall remain part of any~~governing	42253
authority who are covered by a collective bargaining ~~unit in~~	42254
~~which they were included immediately prior to the conversion and~~	42255
agreement on the effective date of this amendment shall remain	42256
subject to ~~any~~that collective bargaining agreement ~~for that unit~~	42257
~~in effect on the first day of July of the year in which the~~	42258
~~community school initially begins operation and shall be subject~~	42259
~~to any subsequent~~until the collective bargaining agreement ~~for~~	42260
~~that unit, unless a petition is certified as sufficient under~~	42261
~~division (A)(6) of this section with regard to those employees.~~	42262
~~Any new employees of the community school shall also be included~~	42263
~~in the unit to which they would have been assigned had not the~~	42264
~~conversion taken place and shall be subject to the collective~~	42265
~~bargaining agreement for that unit unless a petition is certified~~	42266
~~as sufficient under division (A)(6) of this section with regard to~~	42267
~~those employees~~expires on its terms. Upon expiration of the	42268
collective bargaining agreement, the employees are not subject to	42269
Chapter 4117. of the Revised Code and may not organize or	42270
collectively bargain pursuant to that chapter.	42271

~~Notwithstanding division (B) of section 4117.01 of the~~	42272
~~Revised Code, the board of education of a school district and not~~	42273
~~the governing authority of a community school shall be regarded,~~	42274
~~for purposes of Chapter 4117. of the Revised Code, as the "public~~	42275
~~employer" of the employees of a conversion community school~~	42276
~~subject to a collective bargaining agreement pursuant to division~~	42277
~~(A)(3) of this section unless a petition is certified under~~	42278
~~division (A)(6) of this section with regard to those employees.~~	42279
~~Only on and after the effective date of a petition certified as~~	42280
~~sufficient under division (A)(6) of this section shall division~~	42281
~~(A)(2) of this section apply to those employees of that community~~	42282
~~school and only on and after the effective date of that petition~~	42283
~~shall Chapter 4117. of the Revised Code apply to the governing~~	42284
~~authority of that community school with regard to those employees.~~	42285

~~(4) Notwithstanding sections 4117.03 to 4117.18 of the~~	42286
~~Revised Code and Section 4 of Amended Substitute Senate Bill No.~~	42287
~~133 of the 115th general assembly, the employees of a conversion~~	42288
~~community school who are subject to a collective bargaining~~	42289
~~agreement pursuant to division (A)(3) of this section shall cease~~	42290
~~to be subject to that agreement and all subsequent agreements~~	42291
~~pursuant to that division and shall cease to be part of the~~	42292
~~collective bargaining unit that is subject to that and all~~	42293
~~subsequent agreements, if a majority of the employees of that~~	42294
~~community school who are subject to that collective bargaining~~	42295
~~agreement sign and submit to the state employment relations board~~	42296
~~a petition requesting all of the following:~~	42297

~~(a) That all the employees of the community school who are~~	42298
~~subject to that agreement be removed from the bargaining unit that~~	42299
~~is subject to that agreement and be designated by the state~~	42300
~~employment relations board as a new and separate bargaining unit~~	42301
~~for purposes of Chapter 4117. of the Revised Code;~~	42302

~~(b) That the employee organization certified as the exclusive~~	42303
~~representative of the employees of the bargaining unit from which~~	42304
~~the employees are to be removed be certified as the exclusive~~	42305
~~representative of the new and separate bargaining unit for~~	42306
~~purposes of Chapter 4117. of the Revised Code;~~	42307

~~(c) That the governing authority of the community school be~~	42308
~~regarded as the "public employer" of these employees for purposes~~	42309
~~of Chapter 4117. of the Revised Code.~~	42310

~~(5) Notwithstanding sections 4117.03 to 4117.18 of the~~	42311
~~Revised Code and Section 4 of Amended Substitute Senate Bill No.~~	42312
~~133 of the 115th general assembly, the employees of a conversion~~	42313
~~community school who are subject to a collective bargaining~~	42314
~~agreement pursuant to division (A)(3) of this section shall cease~~	42315
~~to be subject to that agreement and all subsequent agreements~~	42316
~~pursuant to that division, shall cease to be part of the~~	42317
~~collective bargaining unit that is subject to that and all~~	42318
~~subsequent agreements, and shall cease to be represented by any~~	42319
~~exclusive representative of that collective bargaining unit, if a~~	42320
~~majority of the employees of the community school who are subject~~	42321
~~to that collective bargaining agreement sign and submit to the~~	42322
~~state employment relations board a petition requesting all of the~~	42323
~~following:~~	42324

~~(a) That all the employees of the community school who are~~	42325
~~subject to that agreement be removed from the bargaining unit that~~	42326
~~is subject to that agreement;~~	42327

~~(b) That any employee organization certified as the exclusive~~	42328
~~representative of the employees of that bargaining unit be~~	42329
~~decertified as the exclusive representative of the employees of~~	42330
~~the community school who are subject to that agreement;~~	42331

~~(c) That the governing authority of the community school be~~	42332
~~regarded as the "public employer" of these employees for purposes~~	42333
~~of Chapter 4117. of the Revised Code.~~	42334

~~(6) Upon receipt of a petition under division (A)(4) or (5)~~	42335
~~of this section, the state employment relations board shall check~~	42336
~~the sufficiency of the signatures on the petition. If the~~	42337
~~signatures are found sufficient, the board shall certify the~~	42338
~~sufficiency of the petition and so notify the parties involved,~~	42339
~~including the board of education, the governing authority of the~~	42340
~~community school, and any exclusive representative of the~~	42341
~~bargaining unit. The changes requested in a certified petition~~	42342
~~shall take effect on the first day of the month immediately~~	42343
~~following the date on which the sufficiency of the petition is~~	42344
~~certified under division (A)(6) of this section.~~	42345

(B)(1) The board of education of each city, local, and	42346
exempted village school district sponsoring a community school and	42347
the governing board of each educational service center in which a	42348
community school is located shall adopt a policy that provides a	42349
leave of absence of at least three years to each teacher or	42350
nonteaching employee of the district or service center who is	42351
employed by the government authority of a conversion or new	42352
start-up community school sponsored by the district or located in	42353
the district or center for the period during which the teacher or	42354
employee is continuously employed by the community school. The	42355
policy shall also provide that any teacher or nonteaching employee	42356
may return to employment by the district or service center if the	42357
teacher or employee leaves or is discharged from employment with	42358
the community school for any reason, unless, in the case of a	42359
teacher, the board of the district or service center determines	42360
that the teacher was discharged for a reason for which the board	42361
would have sought to discharge the teacher under section 3319.16	42362
of the Revised Code, in which case the board may proceed to	42363
discharge the teacher utilizing the procedures of that section.	42364
Upon termination of such a leave of absence, any seniority that is	42365
applicable to the person shall be calculated to include all of the	42366
following: all employment by the district or service center prior	42367
to the leave of absence; all employment by the community school	42368
during the leave of absence; and all employment by the district or	42369
service center after the leave of absence. The policy shall also	42370
provide that if any teacher holding valid certification returns to	42371
employment by the district or service center upon termination of	42372
such a leave of absence, the teacher shall be restored to the	42373
previous position and salary or to a position and salary similar	42374
thereto. If, as a result of teachers returning to employment upon	42375
termination of such leaves of absence, a school district or	42376
educational service center reduces the number of teachers it	42377
employs, it shall make such reductions in accordance with section	42378
~~3319.17 or, if applicable,~~ 3319.171 of the Revised Code.	42379

~~Unless a collective bargaining agreement providing otherwise~~	42380
~~is in effect for an employee of a conversion community school~~	42381
~~pursuant to division (A)(3) of this section, an~~An employee on a	42382
leave of absence pursuant to this division shall remain eligible	42383
for any benefits that are in addition to benefits under Chapter	42384
3307. or 3309. of the Revised Code provided by the district or	42385
service center to its employees provided the employee pays the	42386
entire cost associated with such benefits, except that personal	42387
leave and vacation leave cannot be accrued for use as an employee	42388
of a school district or service center while in the employ of a	42389
community school unless the district or service center board	42390
adopts a policy expressly permitting this accrual.	42391

(2) While on a leave of absence pursuant to division (B)(1)	42392
of this section, a conversion community school shall permit a	42393
teacher to use sick leave accrued while in the employ of the	42394
school district from which the leave of absence was taken and	42395
prior to commencing such leave. If a teacher who is on such a	42396
leave of absence uses sick leave so accrued, the cost of any	42397
salary paid by the community school to the teacher for that time	42398
shall be reported to the department of education. The cost of	42399
employing a substitute teacher for that time shall be paid by the	42400
community school. The department of education shall add amounts to	42401
the payments made to a community school under this chapter as	42402
necessary to cover the cost of salary reported by a community	42403
school as paid to a teacher using sick leave so accrued pursuant	42404
to this section. The department shall subtract the amounts of any	42405
payments made to community schools under this division from	42406
payments made to such sponsoring school district under ~~Chapters~~	42407
~~3306. and~~Chapter 3317. of the Revised Code.	42408

A school district providing a leave of absence and employee	42409
benefits to a person pursuant to this division is not liable for	42410
any action of that person while the person is on such leave and	42411
employed by a community school.	42412

Sec. 3314.19. The sponsor of each community school annually	42413
shall provide the following assurances in writing to the	42414
department of education not later than ~~ten business~~five days	42415
prior to the opening of the school:	42416

(A) That a current copy of the contract between the sponsor	42417
and the governing authority of the school entered into under	42418
section 3314.03 of the Revised Code has been filed with the state	42419
office of community schools established under section 3314.11 of	42420
the Revised Code and that any subsequent modifications to that	42421
contract will be filed with the office;	42422

(B) That the school has submitted to the sponsor a plan for	42423
providing special education and related services to students with	42424
disabilities and has demonstrated the capacity to provide those	42425
services in accordance with Chapter 3323. of the Revised Code and	42426
federal law, as measured on an instructional-period basis;	42427

(C) That the school has a plan and procedures for	42428
administering the achievement and diagnostic assessments	42429
prescribed by sections 3301.0710, 3301.0712, and 3301.0715 of the	42430
Revised Code;	42431

(D) That school personnel have the necessary training,	42432
knowledge, and resources to properly use and submit information to	42433
all databases maintained by the department for the collection of	42434
education data, including the education management information	42435
system established under section 3301.0714 of the Revised Code in	42436
accordance with methods and timelines established under section	42437
3314.17 of the Revised Code;	42438

(E) That all required information about the school has been	42439
submitted to the Ohio education directory system or any successor	42440
system;	42441

(F) That the school will enroll at least the minimum number	42442
of students required by division (A)(11)(a) of section 3314.03 of	42443
the Revised Code in the school year for which the assurances are	42444
provided;	42445

(G) That all classroom teachers are licensed in accordance	42446
with sections 3319.22 to 3319.31 of the Revised Code, except for	42447
noncertificated persons engaged to teach up to twelve hours per	42448
week pursuant to section 3319.301 of the Revised Code;	42449

(H) That the school's fiscal officer is in compliance with	42450
section 3314.011 of the Revised Code;	42451

(I) That the school has complied with sections 3319.39 and	42452
3319.391 of the Revised Code with respect to all employees and	42453
that the school has conducted a criminal records check of each of	42454
its governing authority members;	42455

(J) That the school holds all of the following:

42456

(1) Proof of property ownership or a lease for the facilities	42457
used by the school;	42458

(2) A certificate of occupancy;

42459

(3) Liability insurance for the school, as required by	42460
division (A)(11)(b) of section 3314.03 of the Revised Code, that	42461
the sponsor considers sufficient to indemnify the school's	42462
facilities, staff, and governing authority against risk;	42463

(4) A satisfactory health and safety inspection;

42464

(5) A satisfactory fire inspection;

42465

(6) A valid food permit, if applicable.

42466

(K) That the sponsor has conducted a pre-opening site visit	42467
to the school for the school year for which the assurances are	42468
provided;	42469

(L) That the school has designated a date it will open for	42470
the school year for which the assurances are provided that is in	42471
compliance with division (A)(25) of section 3314.03 of the Revised	42472
Code;	42473

(M) That the school has met all of the sponsor's requirements	42474
for opening and any other requirements of the sponsor.	42475

Sec. 3314.26. (A) Each internet- or computer-based community	42476
school shall withdraw from the school any student who, for two	42477
consecutive school years, has failed to participate in the spring	42478
administration of any assessment prescribed under section	42479
3301.0710 or 3301.0712 of the Revised Code for the student's grade	42480
level and was not excused from the assessment pursuant to division	42481
(C)(1) or (3) of section 3301.0711 of the Revised Code, regardless	42482
of whether a waiver was granted for the student under division	42483
(P)(3) of section 3314.08 of the Revised Code. The school shall	42484
report any such student's data verification code, as assigned	42485
pursuant to section 3301.0714 of the Revised Code, to the	42486
department of education. The department shall maintain a list of	42487
all data verification codes reported under this division and	42488
section 3313.6410 of the Revised Code and provide that list to	42489
each internet- or computer-based community school and to each	42490
school to which section 3313.6410 of the Revised Code applies.	42491
Each internet- or computer-based school shall withdraw a student	42492
under this section not later than the end of the second	42493
consecutive school year in which the student has failed to	42494
participate in the spring administration of assessments as	42495
specified under this section.	42496

(B) No internet- or computer-based community school shall	42497
receive any state funds under this chapter for any enrolled	42498
student whose data verification code appears on the list	42499
maintained by the department under division (A) of this section.	42500

Notwithstanding any provision of the Revised Code to the	42501
contrary, the parent of any such student shall pay tuition to the	42502
internet- or computer-based community school in an amount equal to	42503
the state funds the school otherwise would receive for that	42504
student, as determined by the department. An internet- or	42505
computer-based community school may withdraw any student for whom	42506
the parent does not pay tuition as required by this division.	42507

Sec. 3314.35. (A)(1) ~~Except as provided in division (A)(3)~~	42508
~~of this section, this section applies to any community school that~~	42509
~~meets one of the following criteria after July 1, 2008, but before~~	42510
~~July 1, 2009:~~	42511

~~(a) The school does not offer a grade level higher than three~~	42512
~~and has been declared to be in a state of academic emergency under~~	42513
~~section 3302.03 of the Revised Code for four consecutive school~~	42514
~~years.~~	42515

~~(b) The school satisfies all of the following conditions:~~

42516

~~(i) The school offers any of grade levels four to eight but~~	42517
~~does not offer a grade level higher than nine.~~	42518

~~(ii) The school has been declared to be in a state of~~	42519
~~academic emergency under section 3302.03 of the Revised Code for~~	42520
~~three consecutive school years.~~	42521

~~(iii) For two of those school years, the school showed less~~	42522
~~than one standard year of academic growth in either reading or~~	42523
~~mathematics, as determined by the department of education in~~	42524
~~accordance with rules adopted under division (A) of section~~	42525
~~3302.021 of the Revised Code.~~	42526

~~(c) The school satisfies all of the following conditions:~~

42527

~~(i) The school offers any of grade levels ten to twelve.~~

42528

~~(ii) The school has been declared to be in a state of~~	42529
~~academic emergency under section 3302.03 of the Revised Code for~~	42530
~~three consecutive school years.~~	42531

~~(iii) For two of those school years, the school showed less~~	42532
~~than two standard years of academic growth in either reading or~~	42533
~~mathematics, as determined by the department in accordance with~~	42534
~~rules adopted under division (A) of section 3302.021 of the~~	42535
~~Revised Code.~~	42536

~~(2)~~ Except as provided in division (A)(3) of this section,	42537
this section applies to any community school that meets one of the	42538
following criteria after July 1, 2009, but before July 1, 2011:	42539

(a) The school does not offer a grade level higher than three	42540
and has been declared to be in a state of academic emergency under	42541
section 3302.03 of the Revised Code for three of the four most	42542
recent school years.	42543

(b) The school satisfies all of the following conditions:

42544

(i) The school offers any of grade levels four to eight but	42545
does not offer a grade level higher than nine.	42546

(ii) The school has been declared to be in a state of	42547
academic emergency under section 3302.03 of the Revised Code for	42548
two of the three most recent school years.	42549

(iii) In at least two of the three most recent school years,	42550
the school showed less than one standard year of academic growth	42551
in either reading or mathematics, as determined by the department	42552
of education in accordance with rules adopted under division (A)	42553
of section 3302.021 of the Revised Code.	42554

(c) The school offers any of grade levels ten to twelve and	42555
has been declared to be in a state of academic emergency under	42556
section 3302.03 of the Revised Code for three of the four most	42557
recent school years.	42558

(2) Except as provided in division (A)(3) of this section,	42559
this section applies to any community school that meets one of the	42560
following criteria after July 1, 2011:	42561

(a) The school does not offer a grade level higher than three	42562
and has been declared to be in a state of academic emergency under	42563
section 3302.03 of the Revised Code for two of the three most	42564
recent school years.	42565

(b) The school satisfies all of the following conditions:

42566

(i) The school offers any of grade levels four to eight but	42567
does not offer a grade level higher than nine.	42568

(ii) The school has been declared to be in a state of	42569
academic emergency under section 3302.03 of the Revised Code for	42570
two of the three most recent school years.	42571

(iii) In at least two of the three most recent school years,	42572
the school showed less than one standard year of academic growth	42573
in either reading or mathematics, as determined by the department	42574
in accordance with rules adopted under division (A) of section	42575
3302.021 of the Revised Code.	42576

(c) The school offers any of grade levels ten to twelve and	42577
has been declared to be in a state of academic emergency under	42578
section 3302.03 of the Revised Code for two of the three most	42579
recent school years.	42580

(3) This section does not apply to either of the following:

42581

(a) Any community school in which a majority of the students	42582
are enrolled in a dropout prevention and recovery program that is	42583
operated by the school and that has been granted a waiver under	42584
section 3314.36 of the Revised Code;	42585

(b) Any community school in which a majority of the enrolled	42586
students are children with disabilities receiving special	42587
education and related services in accordance with Chapter 3323. of	42588
the Revised Code.	42589

(B) Any community school to which this section applies shall	42590
permanently close at the conclusion of the school year in which	42591
the school first becomes subject to this section. The sponsor and	42592
governing authority of the school shall comply with all procedures	42593
for closing a community school adopted by the department under	42594
division (E) of section 3314.015 of the Revised Code. The	42595
governing authority of the school shall not enter into a contract	42596
with any other sponsor under section 3314.03 of the Revised Code	42597
after the school closes.	42598

(C) ~~Not later than July 1, 2008, the department shall~~	42599
~~determine the feasibility of using the value-added progress~~	42600
~~dimension, as defined in section 3302.01 of the Revised Code, as a~~	42601
~~factor in evaluating the academic performance of community schools~~	42602
~~described in division (A)(1)(c)(i) of this section.~~	42603
~~Notwithstanding divisions (A)(1)(c)(ii) and (iii) of this section,~~	42604
~~if the department determines that using the value-added progress~~	42605
~~dimension to evaluate community schools described in division~~	42606
~~(A)(1)(c)(i) of this section is not feasible, a community school~~	42607
~~described in that division shall be required to permanently close~~	42608
~~under this section only if it has been declared to be in a state~~	42609
~~of academic emergency under section 3302.03 of the Revised Code~~	42610
~~for four consecutive school years.~~	42611

~~(D)~~ In accordance with division (B) of section 3314.012 of	42612
the Revised Code, the department shall not consider the	42613
performance ratings assigned to a community school for its first	42614
two years of operation when determining whether the school meets	42615
the criteria prescribed by division (A)(1) or (2) of this section.	42616
~~The department shall reevaluate each community school that the~~	42617
~~department directed to close at the conclusion of the 2009-2010~~	42618
~~school year to determine if the school still meets the criteria~~	42619
~~prescribed by division (A)(2) of this section when the school's~~	42620
~~performance ratings for its first two years of operation are not~~	42621
~~considered and, if the school no longer meets those criteria, the~~	42622
~~department shall not require the school to close at the conclusion~~	42623
~~of that school year.~~	42624

Sec. 3314.36. (A) Section 3314.35 of the Revised Code does	42625
not apply to any community school in which a majority of the	42626
students are enrolled in a dropout prevention and recovery program	42627
that is operated by the school and that has been granted a waiver	42628
by the department of education. The department shall grant a	42629
waiver to a dropout prevention and recovery program, within sixty	42630
days after the program applies for the waiver, if the program	42631
meets all of the following conditions:	42632

(1) The program serves only students not younger than sixteen	42633
years of age and not older than twenty-one years of age.	42634

(2) The program enrolls students who, at the time of their	42635
initial enrollment, either, or both, are at least one grade level	42636
behind their cohort age groups or experience crises that	42637
significantly interfere with their academic progress such that	42638
they are prevented from continuing their traditional programs.	42639

(3) The program requires students to attain at least the	42640
applicable score designated for each of the assessments prescribed	42641
under division (B)(1) of section 3301.0710 of the Revised Code or,	42642
to the extent prescribed by rule of the state board of education	42643
under division ~~(E)~~(D)(6) of section 3301.0712 of the Revised	42644
Code, division (B)(2) of that section.	42645

(4) The program develops an individual career plan for the	42646
student that specifies the student's matriculating to a two-year	42647
degree program, acquiring a business and industry credential, or	42648
entering an apprenticeship.	42649

(5) The program provides counseling and support for the	42650
student related to the plan developed under division (A)(4) of	42651
this section during the remainder of the student's high school	42652
experience.	42653

(6) Prior to receiving the waiver, the program has submitted	42654
to the department an instructional plan that demonstrates how the	42655
academic content standards adopted by the state board of education	42656
under section 3301.079 of the Revised Code will be taught and	42657
assessed.	42658

If the department does not act either to grant the waiver or	42659
to reject the program application for the waiver within sixty days	42660
as required under this section, the waiver shall be considered to	42661
be granted.	42662

(B) Notwithstanding division (A) of this section, the	42663
department shall not grant a waiver to any community school that	42664
did not qualify for a waiver under this section when it initially	42665
began operations, unless the state board of education approves the	42666
waiver.	42667

Sec. 3314.38. An individual who is at least twenty-two but	42668
younger than thirty years of age and who has not been awarded a	42669
high school diploma or a certificate of high school equivalence,	42670
as defined in section 4109.06 of the Revised Code, may enroll in a	42671
dropout prevention and recovery program operated by a community	42672
school that has been granted a waiver under section 3314.36 of the	42673
Revised Code for the same educational program offered to students	42674
who are entitled to attend school in a school district under	42675
section 3313.64 or 3313.65 of the Revised Code for up to two	42676
cumulative school years. The community school shall include that	42677
individual in the school's student enrollment reported under	42678
division (B) of section 3314.08 of the Revised Code. The community	42679
school shall receive the amounts attributable to the individual's	42680
enrollment prescribed by division (D) of section 3314.08 of the	42681
Revised Code paid from funds specifically appropriated for that	42682
purpose.	42683

Sec. 3314.50. If the governing authority of a community	42684
school contracts with an operator, all of the following shall	42685
apply:	42686

(A) The governing authority may delegate any or all of the	42687
rights, duties, and responsibilities of the governing authority to	42688
the operator.	42689

(B) Funds paid to the operator by the governing authority	42690
shall belong solely to the operator and shall not be considered	42691
public funds upon such payment. No public entity, including the	42692
school, the department of education, or the state board of	42693
education, shall have any interest in assets or property purchased	42694
by the operator with those funds.	42695

(C) Upon the expiration of the contract, the governing	42696
authority shall offer the operator the opportunity to renew the	42697
contract prior to soliciting services from any other operator.	42698

(D) The operator shall have standing to bring an action or	42699
proceeding in any court concerning the school's operations or the	42700
renewal, nonrenewal, or termination of the governing authority's	42701
contract with the school's sponsor entered into under section	42702
3314.03 of the Revised Code, or to appear in any such action or	42703
proceeding.	42704

Sec. 3315.01. (A) Except as provided in division (B) of this	42705
section and notwithstanding sections 3315.12 and 3315.14 of the	42706
Revised Code, the board of education of any school district may	42707
adopt a resolution requiring the treasurer of the district to	42708
credit the earnings made on the investment of the principal of the	42709
moneys specified in the resolution to the fund from which the	42710
earnings arose or any other fund of the district as the board	42711
specifies in its resolution.	42712

(B) This section does not apply to the earnings made on the	42713
investment of the bond retirement fund, the sinking fund, a	42714
project construction fund established pursuant to sections 3318.01	42715
to 3318.20 of the Revised Code, or the payments received by school	42716
districts pursuant to division ~~(I)~~(E) of section 3317.024 of the	42717
Revised Code.	42718

Sec. 3316.041. (A) Notwithstanding any provision of Chapter	42719
133. or sections 3313.483 to 3313.4811 of the Revised Code, and	42720
subject to the approval of the superintendent of public	42721
instruction, a school district that is in a state of fiscal watch	42722
declared under section 3316.03 of the Revised Code may restructure	42723
or refinance loans obtained or in the process of being obtained	42724
under section 3313.483 of the Revised Code if all of the following	42725
requirements are met:	42726

(1) The operating deficit certified for the school district	42727
for the current or preceding fiscal year under section 3313.483 of	42728
the Revised Code exceeds fifteen per cent of the district's	42729
general revenue fund for the fiscal year preceding the year for	42730
which the certification of the operating deficit is made.	42731

(2) The school district voters have, during the period of the	42732
fiscal watch, approved the levy of a tax under section 718.09,	42733
718.10, 5705.194, 5705.21, or 5748.02 of the Revised Code that is	42734
not a renewal or replacement levy, or a levy under section	42735
5705.199 of the Revised Code, and that will provide new operating	42736
revenue.	42737

(3) The board of education of the school district has adopted	42738
or amended the financial plan required by section 3316.04 of the	42739
Revised Code to reflect the restructured or refinanced loans, and	42740
sets forth the means by which the district will bring projected	42741
operating revenues and expenditures, and projected debt service	42742
obligations, into balance for the life of any such loan.	42743

(B) Subject to the approval of the superintendent of public	42744
instruction, the school district may issue securities to evidence	42745
the restructuring or refinancing authorized by this section. Such	42746
securities may extend the original period for repayment not to	42747
exceed ten years, and may alter the frequency and amount of	42748
repayments, interest or other financing charges, and other terms	42749
or agreements under which the loans were originally contracted,	42750
provided the loans received under sections 3313.483 of the Revised	42751
Code are repaid from funds the district would otherwise receive	42752
under Chapter ~~3306.~~3317. of the Revised Code, as required under	42753
division (E)(3) of section 3313.483 of the Revised Code.	42754
Securities issued for the purpose of restructuring or refinancing	42755
under this section shall be repaid in equal payments and at equal	42756
intervals over the term of the debt and are not eligible to be	42757
included in any subsequent proposal to restructure or refinance.	42758

(C) Unless the district is declared to be in a state of	42759
fiscal emergency under division (D) of section 3316.04 of the	42760
Revised Code, a school district shall remain in a state of fiscal	42761
watch for the duration of the repayment period of any loan	42762
restructured or refinanced under this section.	42763

Sec. 3316.06. (A) Within one hundred twenty days after the	42764
first meeting of a school district financial planning and	42765
supervision commission, the commission shall adopt a financial	42766
recovery plan regarding the school district for which the	42767
commission was created. During the formulation of the plan, the	42768
commission shall seek appropriate input from the school district	42769
board and from the community. This plan shall contain the	42770
following:	42771

(1) Actions to be taken to:

42772

(a) Eliminate all fiscal emergency conditions declared to	42773
exist pursuant to division (B) of section 3316.03 of the Revised	42774
Code;	42775

(b) Satisfy any judgments, past-due accounts payable, and all	42776
past-due and payable payroll and fringe benefits;	42777

(c) Eliminate the deficits in all deficit funds, except that	42778
any prior year deficits in the textbook and instructional	42779
materials fund established pursuant to section 3315.17 of the	42780
Revised Code and the capital and maintenance fund established	42781
pursuant to section 3315.18 of the Revised Code shall be forgiven;	42782

(d) Restore to special funds any moneys from such funds that	42783
were used for purposes not within the purposes of such funds, or	42784
borrowed from such funds by the purchase of debt obligations of	42785
the school district with the moneys of such funds, or missing from	42786
the special funds and not accounted for, if any;	42787

(e) Balance the budget, avoid future deficits in any funds,	42788
and maintain on a current basis payments of payroll, fringe	42789
benefits, and all accounts;	42790

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

42791

(g) Restore the ability of the school district to market	42792
long-term general obligation bonds under provisions of law	42793
applicable to school districts generally.	42794

(2) The management structure that will enable the school	42795
district to take the actions enumerated in division (A)(1) of this	42796
section. The plan shall specify the level of fiscal and management	42797
control that the commission will exercise within the school	42798
district during the period of fiscal emergency, and shall	42799
enumerate respectively, the powers and duties of the commission	42800
and the powers and duties of the school board during that period.	42801
The commission may elect to assume any of the powers and duties of	42802
the school board it considers necessary, including all powers	42803
related to personnel, curriculum, and legal issues in order to	42804
successfully implement the actions described in division (A)(1) of	42805
this section.	42806

(3) The target dates for the commencement, progress upon, and	42807
completion of the actions enumerated in division (A)(1) of this	42808
section and a reasonable period of time expected to be required to	42809
implement the plan. The commission shall prepare a reasonable time	42810
schedule for progress toward and achievement of the requirements	42811
for the plan, and the plan shall be consistent with that time	42812
schedule.	42813

(4) The amount and purpose of any issue of debt obligations	42814
that will be issued, together with assurances that any such debt	42815
obligations that will be issued will not exceed debt limits	42816
supported by appropriate certifications by the fiscal officer of	42817
the school district and the county auditor. Debt obligations	42818
issued pursuant to section 133.301 of the Revised Code shall	42819
include assurances that such debt shall be in an amount not to	42820
exceed the amount certified under division (B) of such section. If	42821
the commission considers it necessary in order to maintain or	42822
improve educational opportunities of pupils in the school	42823
district, the plan may include a proposal to restructure or	42824
refinance outstanding debt obligations incurred by the board under	42825
section 3313.483 of the Revised Code contingent upon the approval,	42826
during the period of the fiscal emergency, by district voters of a	42827
tax levied under section 718.09, 718.10, 5705.194, 5705.21,	42828
5748.02, or 5748.08 of the Revised Code that is not a renewal or	42829
replacement levy, or a levy under section 5705.199 of the Revised	42830
Code, and that will provide new operating revenue. Notwithstanding	42831
any provision of Chapter 133. or sections 3313.483 to 3313.4811 of	42832
the Revised Code, following the required approval of the district	42833
voters and with the approval of the commission, the school	42834
district may issue securities to evidence the restructuring or	42835
refinancing. Those securities may extend the original period for	42836
repayment, not to exceed ten years, and may alter the frequency	42837
and amount of repayments, interest or other financing charges, and	42838
other terms of agreements under which the debt originally was	42839
contracted, at the discretion of the commission, provided that any	42840
loans received pursuant to section 3313.483 of the Revised Code	42841
shall be paid from funds the district would otherwise receive	42842
under Chapter ~~3306.~~3317. of the Revised Code, as required under	42843
division (E)(3) of section 3313.483 of the Revised Code. The	42844
securities issued for the purpose of restructuring or refinancing	42845
the debt shall be repaid in equal payments and at equal intervals	42846
over the term of the debt and are not eligible to be included in	42847
any subsequent proposal for the purpose of restructuring or	42848
refinancing debt under this section.	42849

(B) Any financial recovery plan may be amended subsequent to	42850
its adoption. Each financial recovery plan shall be updated	42851
annually.	42852

(C) Each school district financial planning and supervision	42853
commission shall submit the financial recovery plan it adopts or	42854
updates under this section to the state superintendent of public	42855
instruction for approval immediately following its adoption or	42856
updating. The state superintendent shall evaluate the plan and	42857
either approve or disapprove it within thirty calendar days from	42858
the date of its submission. If the plan is disapproved, the state	42859
superintendent shall recommend modifications that will render it	42860
acceptable. No financial planning and supervision commission shall	42861
implement a financial recovery plan that is adopted or updated on	42862
or after April 10, 2001, unless the state superintendent has	42863
approved it.	42864

Sec. 3316.20. (A)(1) The school district solvency assistance	42865
fund is hereby created in the state treasury, to consist of such	42866
amounts designated for the purposes of the fund by the general	42867
assembly. The fund shall be used to provide assistance and grants	42868
to school districts to enable them to remain solvent and to pay	42869
unforeseeable expenses of a temporary or emergency nature that	42870
they are unable to pay from existing resources.	42871

(2) There is hereby created within the fund an account known	42872
as the school district shared resource account, which shall	42873
consist of money appropriated to it by the general assembly. The	42874
money in the account shall be used solely for solvency assistance	42875
to school districts that have been declared under division (B) of	42876
section 3316.03 of the Revised Code to be in a state of fiscal	42877
emergency.	42878

(3) There is hereby created within the fund an account known	42879
as the catastrophic expenditures account, which shall consist of	42880
money appropriated to the account by the general assembly plus all	42881
investment earnings of the fund. Money in the account shall be	42882
used solely for the following:	42883

(a) Solvency assistance to school districts that have been	42884
declared under division (B) of section 3316.03 of the Revised Code	42885
to be in a state of fiscal emergency, in the event that all money	42886
in the shared resource account is utilized for solvency	42887
assistance;	42888

(b) Grants to school districts under division (C) of this	42889
section.	42890

(B) Solvency assistance payments under division (A)(2) or	42891
(3)(a) of this section shall be made from the fund by the	42892
superintendent of public instruction in accordance with rules	42893
adopted by the director of budget and management, after consulting	42894
with the superintendent, specifying approval criteria and	42895
procedures necessary for administering the fund.	42896

The fund shall be reimbursed for any solvency assistance	42897
amounts paid under division (A)(2) or (3)(a) of this section not	42898
later than the end of the second fiscal year following the fiscal	42899
year in which the solvency assistance payment was made. If not	42900
made directly by the school district, such reimbursement shall be	42901
made by the director of budget and management from the amounts the	42902
school district would otherwise receive pursuant to Chapter ~~3306.~~	42903
3317. of the Revised Code, or from any other funds appropriated	42904
for the district by the general assembly. Reimbursements shall be	42905
credited to the respective account from which the solvency	42906
assistance paid to the district was deducted.	42907

(C) The superintendent of public instruction may make	42908
recommendations, and the controlling board may grant money from	42909
the catastrophic expenditures account to any school district that	42910
suffers an unforeseen catastrophic event that severely depletes	42911
the district's financial resources. The superintendent shall make	42912
recommendations for the grants in accordance with rules adopted by	42913
the director of budget and management, after consulting with the	42914
superintendent. A school district shall not be required to repay	42915
any grant awarded to the district under this division, unless the	42916
district receives money from this state or a third party,	42917
including an agency of the government of the United States,	42918
specifically for the purpose of compensating the district for	42919
revenue lost or expenses incurred as a result of the unforeseen	42920
catastrophic event. If a school district receives a grant from the	42921
catastrophic expenditures account on the basis of the same	42922
circumstances for which an adjustment or recomputation is	42923
authorized under section 3317.025, 3317.026, 3317.027, 3317.028,	42924
3317.0210, or 3317.0211 of the Revised Code, the department of	42925
education shall reduce the adjustment or recomputation by an	42926
amount not to exceed the total amount of the grant, and an amount	42927
equal to the reduction shall be transferred, from the funding	42928
source from which the adjustment or recomputation would be paid,	42929
to the catastrophic expenditures account. Any adjustment or	42930
recomputation under such sections that is in excess of the total	42931
amount of the grant shall be paid to the school district.	42932

Sec. 3317.01. As used in this section ~~and section 3317.011~~	42933
~~of the Revised Code~~, "school district," unless otherwise	42934
specified, means any city, local, exempted village, joint	42935
vocational, or cooperative education school district and any	42936
educational service center.	42937

This chapter shall be administered by the state board of	42938
education. The superintendent of public instruction shall	42939
calculate the amounts payable to each school district and shall	42940
certify the amounts payable to each eligible district to the	42941
treasurer of the district as provided by this chapter. As soon as	42942
possible after such amounts are calculated, the superintendent	42943
shall certify to the treasurer of each school district the	42944
district's adjusted charge-off increase, as defined in section	42945
5705.211 of the Revised Code. No moneys shall be distributed	42946
pursuant to this chapter without the approval of the controlling	42947
board.	42948

The state board of education shall, in accordance with	42949
appropriations made by the general assembly, meet the financial	42950
obligations of this chapter.	42951

Moneys distributed pursuant to this chapter shall be	42952
calculated and paid on a fiscal year basis, beginning with the	42953
first day of July and extending through the thirtieth day of June.	42954
The moneys appropriated for each fiscal year shall be distributed	42955
periodically to each school district unless otherwise provided	42956
for. The state board, in June of each year, shall submit ~~a yearly~~	42957
~~distribution plan~~ to the controlling board ~~at its first meeting in~~	42958
~~July. The state board shall submit any proposed midyear revision~~	42959
~~of the plan to the controlling board in January. Any year-end~~	42960
~~revision of the plan shall be submitted to the controlling board~~	42961
~~in June. If moneys appropriated for each fiscal year are~~	42962
~~distributed other than monthly, such distribution shall be on the~~	42963
~~same basis for each school district~~the state board's year-end	42964
distributions pursuant to this chapter.	42965

Except as otherwise provided, payments under this chapter	42966
shall be made only to those school districts in which:	42967

(A) The school district, except for any educational service	42968
center and any joint vocational or cooperative education school	42969
district, levies for current operating expenses at least twenty	42970
mills. Levies for joint vocational or cooperative education school	42971
districts or county school financing districts, limited to or to	42972
the extent apportioned to current expenses, shall be included in	42973
this qualification requirement. School district income tax levies	42974
under Chapter 5748. of the Revised Code, limited to or to the	42975
extent apportioned to current operating expenses, shall be	42976
included in this qualification requirement to the extent	42977
determined by the tax commissioner under division (D) of section	42978
3317.021 of the Revised Code.	42979

(B) The school year next preceding the fiscal year for which	42980
such payments are authorized meets the requirement of section	42981
3313.48 or 3313.481 of the Revised Code, with regard to the	42982
minimum number of days or hours school must be open for	42983
instruction with pupils in attendance, for individualized	42984
parent-teacher conference and reporting periods, and for	42985
professional meetings of teachers. This requirement shall be	42986
waived by the superintendent of public instruction if it had been	42987
necessary for a school to be closed because of disease epidemic,	42988
hazardous weather conditions, inoperability of school buses or	42989
other equipment necessary to the school's operation, damage to a	42990
school building, or other temporary circumstances due to utility	42991
failure rendering the school building unfit for school use,	42992
provided that for those school districts operating pursuant to	42993
section 3313.48 of the Revised Code the number of days the school	42994
was actually open for instruction with pupils in attendance and	42995
for individualized parent-teacher conference and reporting periods	42996
is not less than one hundred seventy-five, or for those school	42997
districts operating on a trimester plan the number of days the	42998
school was actually open for instruction with pupils in attendance	42999
not less than seventy-nine days in any trimester, for those school	43000
districts operating on a quarterly plan the number of days the	43001
school was actually open for instruction with pupils in attendance	43002
not less than fifty-nine days in any quarter, or for those school	43003
districts operating on a pentamester plan the number of days the	43004
school was actually open for instruction with pupils in attendance	43005
not less than forty-four days in any pentamester. However, for	43006
fiscal year 2012, the superintendent shall waive two fewer such	43007
days for the 2010-2011 school year.	43008

A school district shall not be considered to have failed to	43009
comply with this division or section 3313.481 of the Revised Code	43010
because schools were open for instruction but either twelfth grade	43011
students were excused from attendance for up to three days or only	43012
a portion of the kindergarten students were in attendance for up	43013
to three days in order to allow for the gradual orientation to	43014
school of such students.	43015

The superintendent of public instruction shall waive the	43016
requirements of this section with reference to the minimum number	43017
of days or hours school must be in session with pupils in	43018
attendance for the school year succeeding the school year in which	43019
a board of education initiates a plan of operation pursuant to	43020
section 3313.481 of the Revised Code. The minimum requirements of	43021
this section shall again be applicable to such a district	43022
beginning with the school year commencing the second July	43023
succeeding the initiation of one such plan, and for each school	43024
year thereafter.	43025

A school district shall not be considered to have failed to	43026
comply with this division or section 3313.48 or 3313.481 of the	43027
Revised Code because schools were open for instruction but the	43028
length of the regularly scheduled school day, for any number of	43029
days during the school year, was reduced by not more than two	43030
hours due to hazardous weather conditions.	43031

~~(C) The school district has on file, and is paying in~~	43032
~~accordance with, a teachers' salary schedule which complies with~~	43033
~~section 3317.13 of the Revised Code.~~	43034

A board of education or governing board of an educational	43035
service center which has not conformed with other law and the	43036
rules pursuant thereto, shall not participate in the distribution	43037
of funds authorized by ~~sections 3317.022 to 3317.0211, 3317.11,~~	43038
~~3317.16, 3317.17, and 3317.19 of the Revised Code~~this chapter,	43039
except for good and sufficient reason established to the	43040
satisfaction of the state board of education and the state	43041
controlling board.	43042

All funds allocated to school districts under this chapter,	43043
except those specifically allocated for other purposes, shall be	43044
used to pay current operating expenses only.	43045

Sec. 3317.013. Except for a preschool child with a	43046
disability for whom a scholarship has been awarded under section	43047
3310.41 of the Revised Code, this section does not apply to	43048
preschool children with disabilities.	43049

Analysis of special education cost data has resulted in a	43050
finding that the average special education additional cost per	43051
pupil, including the costs of related services, can be expressed	43052
as a multiple of the ~~base cost per pupil calculated under section~~	43053
~~3317.012 of the Revised Code~~formula amount. The multiples for the	43054
following categories of special education programs, as these	43055
programs are defined for purposes of Chapter 3323. of the Revised	43056
Code, and adjusted as provided in this section, are as follows:	43057

(A) A multiple of ~~0.2892~~0.2906 for students whose primary or	43058
only identified disability is a speech and language disability, as	43059
this term is defined pursuant to Chapter 3323. of the Revised	43060
Code;	43061

(B) A multiple of ~~0.3691~~0.7374 for students identified as	43062
specific learning disabled or developmentally disabled, as these	43063
terms are defined pursuant to Chapter 3323. of the Revised Code,	43064
or as having an other health impairment-minor;	43065

(C) A multiple of ~~1.7695~~1.7716 for students identified as	43066
hearing disabled~~, vision impaired,~~ or severe behavior disabled, as	43067
these terms are defined pursuant to Chapter 3323. of the Revised	43068
Code;	43069

(D) A multiple of ~~2.3646~~2.3643 for students identified as	43070
~~orthopedically disabled~~vision impaired, as this term is defined	43071
pursuant to Chapter 3323. of the Revised Code, or as having an	43072
other health impairment-major;	43073

(E) A multiple of ~~3.1129~~3.2022 for students identified as	43074
orthopedically disabled or as having multiple disabilities, as	43075
~~this term is~~these terms are defined pursuant to Chapter 3323. of	43076
the Revised Code;	43077

(F) A multiple of ~~4.7342~~4.7205 for students identified as	43078
autistic, having traumatic brain injuries, or as both visually and	43079
hearing impaired, as these terms are defined pursuant to Chapter	43080
3323. of the Revised Code.	43081

In fiscal years 2008, 2009, 2010, ~~and~~ 2011, 2012, and 2013,	43082
the multiples specified in divisions (A) to (F) of this section	43083
shall be adjusted by multiplying them by 0.90.	43084

~~Not later than the thirtieth day of December in 2007, 2008,~~	43085
~~and 2009, the department of education shall submit to the office~~	43086
~~of budget and management a report that specifies for each city,~~	43087
~~local, exempted village, and joint vocational school district the~~	43088
~~fiscal year allocation of the state and local shares of special~~	43089
~~education and related services additional weighted funding and~~	43090
~~federal special education funds passed through to the district.~~	43091

Sec. 3317.014. The ~~average~~ vocational education additional	43092
cost per pupil can be expressed as a multiple of the ~~base cost per~~	43093
~~pupil calculated under section 3317.012 of the Revised Code~~	43094
formula amount. The multiples for the following categories of	43095
vocational education programs are as follows:	43096

(A) A multiple of 0.57 for students enrolled in vocational	43097
education job-training and workforce development programs approved	43098
by the department of education in accordance with rules adopted	43099
under section 3313.90 of the Revised Code.	43100

(B) A multiple of 0.28 for students enrolled in vocational	43101
education classes other than job-training and workforce	43102
development programs.	43103

Vocational education associated services costs can be	43104
expressed as a multiple of 0.05 of the ~~base cost per pupil~~	43105
~~calculated under section 3317.012 of the Revised Code~~formula	43106
amount.	43107

~~By the thirtieth day of each December, the department of~~	43108
~~education shall report to the office of budget and management and~~	43109
~~the general assembly the amount of weighted funding for vocational~~	43110
~~education and associated services that was spent by each city,~~	43111
~~local, exempted village, and joint vocational school district~~	43112
~~specifically for vocational educational and associated services~~	43113
~~during the previous fiscal year.~~	43114

Sec. 3317.018. (A) The department of education shall make no	43115
calculations or payments under Chapter 3317. of the Revised Code	43116
for any fiscal year except as prescribed in this section. The	43117
payments authorized under this section are in addition to payments	43118
computed and paid for fiscal years 2012 and 2013 under the section	43119
of this act entitled "FUNDING FOR CITY, EXEMPTED VILLAGE, AND	43120
LOCAL SCHOOL DISTRICTS."	43121

(B) School districts shall report student enrollment data as	43122
prescribed by section 3317.03 of the Revised Code, which data the	43123
department shall use to make payments under ~~Chapters 3306. and~~	43124
Chapter 3317. of the Revised Code.and the section of this act	43125
entitled "FUNDING FOR CITY, EXEMPTED VILLAGE, AND LOCAL SCHOOL	43126
DISTRICTS."	43127

(C) The tax commissioner shall report data regarding tax	43128
valuation and receipts for school districts as prescribed by	43129
sections 3317.015, 3317.021, 3317.025, 3317.026, 3317.027,	43130
3317.028, 3317.0210, 3317.0211, and 3317.08 and by division ~~(M)~~(K)	43131
of section 3317.02 of the Revised Code, which data the department	43132
shall use to make payments under ~~Chapters 3306. and~~Chapter 3317.	43133
of the Revised Code.and the section of this act entitled "FUNDING	43134
FOR CITY, EXEMPTED VILLAGE, AND LOCAL SCHOOL DISTRICTS."	43135

(D) Unless otherwise specified by another provision of law,	43136
~~in addition to the payments prescribed by Chapter 3306. of the~~	43137
~~Revised Code,~~ the department shall continue to make payments to or	43138
adjustments for school districts in fiscal years after fiscal year	43139
2009 under the following provisions of Chapter 3317. of the	43140
Revised Code:	43141

(1) The catastrophic cost reimbursement under division (C)(3)	43142
of section 3317.022 of the Revised Code; however, when computing	43143
that payment, the department shall use the disability categories	43144
and multiples specified in section 3317.013 of the Revised Code as	43145
that section existed prior to the effective date of this	43146
amendment. No other payments shall be made under ~~that~~ section	43147
3317.022 of the Revised Code.	43148

(2) All payments or adjustments under section 3317.023 of the	43149
Revised Code~~, except no payments or adjustments shall be made~~	43150
~~under divisions (B), (C), and (D) of that section~~.	43151

(3) All payments or adjustments under section 3317.024 of the	43152
Revised Code~~, except no payments or adjustments shall be made~~	43153
~~under divisions (F), (L), and (N) of that section~~.	43154

(4) All payments and adjustments under sections 3317.025,	43155
3317.026, 3317.027, 3317.028, 3317.0210, and 3317.0211 of the	43156
Revised Code;	43157

(5) ~~Payments under section 3317.04 of the Revised Code;~~

43158

~~(6)~~ Unit payments under sections 3317.05, 3317.051, 3317.052,	43159
and 3317.053 of the Revised Code, except that no units for gifted	43160
funding are authorized after fiscal year 2009.	43161

~~(7)~~(6) Payments under sections 3317.06, 3317.063, and	43162
3317.064 of the Revised Code;	43163

~~(8) Payments under section 3317.07 of the Revised Code;~~

43164

~~(9)~~(7) Payments to educational service centers under section	43165
3317.11 of the Revised Code;	43166

~~(10)~~(8) The catastrophic cost reimbursement under division	43167
(E) of section 3317.16 of the Revised Code and excess cost	43168
reimbursements under division (G) of that section; however, when	43169
computing that payment, the department shall use the disability	43170
categories and multiples specified in section 3317.013 of the	43171
Revised Code as that section existed prior to the effective date	43172
of this amendment. No other payments shall be made under ~~that~~	43173
section 3317.16 of the Revised Code;	43174

~~(11) Payments under section 3317.17 of the Revised Code;~~

43175

~~(12)~~(9) Adjustments under section 3317.18 of the Revised	43176
Code;	43177

~~(13)~~(10) Payments to cooperative education school districts	43178
under section 3317.19 of the Revised Code;	43179

~~(14)~~(11) Payments to county ~~MR/DD~~DD boards under section	43180
3317.20 of the Revised Code;	43181

~~(15)~~(12) Payments to state institutions for weighted special	43182
education funding under section 3317.201 of the Revised Code.	43183

(E) ~~Sections 3317.016 and 3317.017 shall not apply to fiscal~~	43184
~~years after fiscal year 2009.~~	43185

~~(F)~~ This section does not affect the provisions of sections	43186
3317.031, 3317.032, 3317.033, 3317.035, 3317.061, 3317.08,	43187
3317.081, 3317.082, 3317.09, 3317.12, 3317.13, 3317.14, 3317.15,	43188
3317.50, and 3317.51~~, 3317.62, 3317.63, and 3317.64~~ of the Revised	43189
Code.	43190

(F) The department shall make no payments for fiscal year	43191
2012 or 2013 under section 3317.0212 of the Revised Code.	43192

Sec. 3317.02. As used in this chapter:

43193

(A) Unless otherwise specified, "school district" means city,	43194
local, and exempted village school districts.	43195

(B) "Formula amount" means ~~$5,732~~$5,653 for fiscal year ~~2010~~	43196
2012 and fiscal year ~~2011~~2013.	43197

(C) "FTE basis" means a count of students based on full-time	43198
equivalency, in accordance with rules adopted by the department of	43199
education pursuant to section 3317.03 of the Revised Code. In	43200
adopting its rules under this division, the department shall	43201
provide for counting any student in category one, two, three,	43202
four, five, or six special education ADM or in category one or two	43203
vocational education ADM in the same proportion the student is	43204
counted in formula ADM.	43205

(D)(1) "Formula ADM" means, for a city, local, or exempted	43206
village school district, ~~"formula ADM" as defined in section~~	43207
~~3306.02 of the Revised Code.~~the average daily membership	43208
described in division (A) of section 3317.03 of the Revised Code,	43209
as verified by the superintendent of public instruction and	43210
adjusted if so ordered under division (K) of that section, and as	43211
further adjusted by the department of education, as follows:	43212

(a) Count only twenty per cent of the number of joint	43213
vocational school district students counted under division (A)(3)	43214
of section 3317.03 of the Revised Code;	43215

(b) Add twenty per cent of the number of students who are	43216
entitled to attend school in the district under section 3313.64 or	43217
3313.65 of the Revised Code and are enrolled in another school	43218
district under a career-technical educational compact.	43219

(2) "Formula ADM" means, for a joint vocational school	43220
district, the final number verified by the superintendent of	43221
public instruction, based on the number reported pursuant to	43222
division (D) of section 3317.03 of the Revised Code, as adjusted,	43223
if so ordered, under division (K) of that section. ~~For purposes~~	43224
~~of the calculation of payments to or adjustments for a city,~~	43225
~~exempted village, local, or joint vocational school district under~~	43226
~~this chapter or under Chapter 3306. of the Revised Code,~~	43227
~~calculations required under Chapter 3318. of the Revised Code, or~~	43228
~~adjustments required under Chapter 3365. of the Revised Code, the~~	43229
~~department of education shall use the district's formula ADM for~~	43230
~~the previous fiscal year, unless the district's average daily~~	43231
~~membership reported and verified for the current fiscal year is at~~	43232
~~least two per cent greater than the formula ADM reported for the~~	43233
~~previous fiscal year, in which case the department shall use the~~	43234
~~district's formula ADM for the current fiscal year.~~	43235

(E) "Three-year average formula ADM" means the average of	43236
formula ADMs for the preceding three fiscal years.	43237

(F)(1) "Category one special education ADM" means the average	43238
daily membership of children with disabilities receiving special	43239
education services for the disability specified in division	43240
~~(D)(1)~~(A) of section ~~3306.02~~3317.013 of the Revised Code and	43241
reported under division (B)(5) or (D)(2)(b) of section 3317.03 of	43242
the Revised Code.	43243

(2) "Category two special education ADM" means the average	43244
daily membership of children with disabilities receiving special	43245
education services for those disabilities specified in division	43246
~~(D)(2)~~(B) of section ~~3306.02~~3317.013 of the Revised Code and	43247
reported under division (B)(6) or (D)(2)(c) of section 3317.03 of	43248
the Revised Code.	43249

(3) "Category three special education ADM" means the average	43250
daily membership of students receiving special education services	43251
for those disabilities specified in division ~~(D)(3)~~(C) of section	43252
~~3306.02~~3317.013 of the Revised Code, and reported under division	43253
(B)(7) or (D)(2)(d) of section 3317.03 of the Revised Code.	43254

(4) "Category four special education ADM" means the average	43255
daily membership of students receiving special education services	43256
for those disabilities specified in division (D)~~(4)~~ of section	43257
~~3306.02~~3317.013 of the Revised Code and reported under division	43258
(B)(8) or (D)(2)(e) of section 3317.03 of the Revised Code.	43259

(5) "Category five special education ADM" means the average	43260
daily membership of students receiving special education services	43261
for the disabilities specified in division ~~(D)(5)~~(E) of section	43262
~~3306.02~~3317.013 of the Revised Code and reported under division	43263
(B)(9) or (D)(2)(f) of section 3317.03 of the Revised Code.	43264

(6) "Category six special education ADM" means the average	43265
daily membership of students receiving special education services	43266
for the disabilities specified in division ~~(D)(6)~~(F) of section	43267
~~3306.02~~3317.013 of the Revised Code and reported under division	43268
(B)(10) or (D)(2)(g) of section 3317.03 of the Revised Code.	43269

(7) "Category one vocational education ADM" means the average	43270
daily membership of students receiving vocational education	43271
services described in division (A) of section 3317.014 of the	43272
Revised Code and reported under division (B)(11) or (D)(2)(h) of	43273
section 3317.03 of the Revised Code.	43274

(8) "Category two vocational education ADM" means the average	43275
daily membership of students receiving vocational education	43276
services described in division (B) of section 3317.014 of the	43277
Revised Code and reported under division (B)(12) or (D)(2)(i) of	43278
section 3317.03 of the Revised Code.	43279

(G) "Preschool child with a disability" means a child with a	43280
disability, as defined in section 3323.01 of the Revised Code, who	43281
is at least age three but is not of compulsory school age, as	43282
defined in section 3321.01 of the Revised Code, and who is not	43283
currently enrolled in kindergarten.	43284

(H) "County DD board" means a county board of developmental	43285
disabilities.	43286

(I) "Recognized valuation" means the amount calculated for a	43287
school district pursuant to section 3317.015 of the Revised Code.	43288

(J) ~~"Transportation ADM" means the number of children~~	43289
~~reported under division (B)(13) of section 3317.03 of the Revised~~	43290
~~Code.~~	43291

~~(K) "Average efficient transportation use cost per student"~~	43292
~~means a statistical representation of transportation costs as~~	43293
~~calculated under division (D)(2) of section 3317.022 of the~~	43294
~~Revised Code.~~	43295

~~(L)~~ "Taxes charged and payable" means the taxes charged and	43296
payable against real and public utility property after making the	43297
reduction required by section 319.301 of the Revised Code, plus	43298
the taxes levied against tangible personal property.	43299

~~(M)~~(K) "Total taxable value" means the sum of the amounts	43300
certified for a city, local, exempted village, or joint vocational	43301
school district under divisions (A)(1) and (2) of section 3317.021	43302
of the Revised Code.	43303

~~(N)~~(L) "Tax exempt value" of a school district means the	43304
amount certified for a school district under division (A)(4) of	43305
section 3317.021 of the Revised Code.	43306

~~(O)~~(M) "Potential value" of a school district means the	43307
recognized valuation of a school district plus the tax exempt	43308
value of the district.	43309

~~(P)~~(N) "District median income" means the median Ohio	43310
adjusted gross income certified for a school district. On or	43311
before the first day of July of each year, the tax commissioner	43312
shall certify to the department of education and the office of	43313
budget and management for each city, exempted village, and local	43314
school district the median Ohio adjusted gross income of the	43315
residents of the school district determined on the basis of tax	43316
returns filed for the second preceding tax year by the residents	43317
of the district.	43318

~~(Q)~~(O) "Statewide median income" means the median district	43319
median income of all city, exempted village, and local school	43320
districts in the state.	43321

~~(R)~~(P) "Income factor" for a city, exempted village, or local	43322
school district means the quotient obtained by dividing that	43323
district's median income by the statewide median income.	43324

~~(S)~~(Q) "Medically fragile child" means a child to whom all of	43325
the following apply:	43326

(1) The child requires the services of a doctor of medicine	43327
or osteopathic medicine at least once a week due to the	43328
instability of the child's medical condition.	43329

(2) The child requires the services of a registered nurse on	43330
a daily basis.	43331

(3) The child is at risk of institutionalization in a	43332
hospital, skilled nursing facility, or intermediate care facility	43333
for the mentally retarded.	43334

~~(T)~~(R) A child may be identified as having an "other health	43335
impairment-major" if the child's condition meets the definition of	43336
"other health impaired" established in rules adopted by the state	43337
board of education prior to July 1, 2001, and if either of the	43338
following apply:	43339

(1) The child is identified as having a medical condition	43340
that is among those listed by the superintendent of public	43341
instruction as conditions where a substantial majority of cases	43342
fall within the definition of "medically fragile child." The	43343
superintendent of public instruction shall issue an initial list	43344
no later than September 1, 2001.	43345

(2) The child is determined by the superintendent of public	43346
instruction to be a medically fragile child. A school district	43347
superintendent may petition the superintendent of public	43348
instruction for a determination that a child is a medically	43349
fragile child.	43350

~~(U)~~(S) A child may be identified as having an "other health	43351
impairment-minor" if the child's condition meets the definition of	43352
"other health impaired" established in rules adopted by the state	43353
board of education prior to July 1, 2001, but the child's	43354
condition does not meet either of the conditions specified in	43355
division ~~(T)~~(R)(1) or (2) of this section.	43356

~~(V)~~(T) "State education aid" has the same meaning as in	43357
section 5751.20 of the Revised Code.	43358

~~(W)~~(U) "Property exemption value" means zero in fiscal year	43359
2006, and in fiscal year 2007 and each fiscal year thereafter, the	43360
amount certified for a school district under divisions (A)(6) and	43361
(7) of section 3317.021 of the Revised Code.	43362

~~(X)~~(V) "Internet- or computer-based community school" has the	43363
same meaning as in section 3314.02 of the Revised Code.	43364

~~(Y)~~(W) "State share percentage~~" has the same meaning as in~~,"	43365
for a city, exempted village, or local school district, for fiscal	43366
years 2012 and 2013, means the district's state share percentage	43367
as computed for fiscal year 2011 under former section 3306.02 of	43368
the Revised Code. "State share percentage," for a joint vocational	43369
school district, for fiscal years 2012 and 2013, means the	43370
district's state share percentage as computed for fiscal year 2009	43371
under section 3317.16 of the Revised Code as that section existed	43372
for that fiscal year.	43373

Sec. 3317.021. ~~The information certified under this section~~	43374
~~shall be used to calculate payments under this chapter and Chapter~~	43375
~~3306. of the Revised Code.~~	43376

(A) On or before the first day of June of each year, the tax	43377
commissioner shall certify to the department of education and the	43378
office of budget and management the information described in	43379
divisions (A)(1) to (7) of this section for each city, exempted	43380
village, and local school district, and the information required	43381
by divisions (A)(1) and (2) of this section for each joint	43382
vocational school district, and it shall be used, along with the	43383
information certified under division (B) of this section, in	43384
making the computations for the district under this chapter ~~and~~	43385
~~Chapter 3306. of the Revised Code~~.	43386

(1) The taxable value of real and public utility real	43387
property in the school district subject to taxation in the	43388
preceding tax year, by class and by county of location.	43389

(2) The taxable value of tangible personal property,	43390
including public utility personal property, subject to taxation by	43391
the district for the preceding tax year.	43392

(3)(a) The total property tax rate and total taxes charged	43393
and payable for the current expenses for the preceding tax year	43394
and the total property tax rate and the total taxes charged and	43395
payable to a joint vocational district for the preceding tax year	43396
that are limited to or to the extent apportioned to current	43397
expenses.	43398

(b) The portion of the amount of taxes charged and payable	43399
reported for each city, local, and exempted village school	43400
district under division (A)(3)(a) of this section attributable to	43401
a joint vocational school district.	43402

(4) The value of all real and public utility real property in	43403
the school district exempted from taxation minus both of the	43404
following:	43405

(a) The value of real and public utility real property in the	43406
district owned by the United States government and used	43407
exclusively for a public purpose;	43408

(b) The value of real and public utility real property in the	43409
district exempted from taxation under Chapter 725. or 1728. or	43410
section 3735.67, 5709.40, 5709.41, 5709.62, 5709.63, 5709.632,	43411
5709.73, or 5709.78 of the Revised Code.	43412

(5) The total federal adjusted gross income of the residents	43413
of the school district, based on tax returns filed by the	43414
residents of the district, for the most recent year for which this	43415
information is available.	43416

(6) The sum of the school district compensation value as	43417
indicated on the list of exempted property for the preceding tax	43418
year under section 5713.08 of the Revised Code as if such property	43419
had been assessed for taxation that year and the other	43420
compensation value for the school district, minus the amounts	43421
described in divisions (A)(6)(c) to (i) of this section. The	43422
portion of school district compensation value or other	43423
compensation value attributable to an incentive district exemption	43424
may be subtracted only once even if that incentive district	43425
satisfies more than one of the criteria in divisions (A)(6)(c) to	43426
(i) of this section.	43427

(a) "School district compensation value" means the aggregate	43428
value of real property in the school district exempted from	43429
taxation pursuant to an ordinance or resolution adopted under	43430
division (C) of section 5709.40, division (C) of section 5709.73,	43431
or division (B) of section 5709.78 of the Revised Code to the	43432
extent that the exempted value results in the charging of payments	43433
in lieu of taxes required to be paid to the school district under	43434
division (D)(1) or (2) of section 5709.40, division (D) of section	43435
5709.73, or division (C) of section 5709.78 of the Revised Code.	43436

(b) "Other compensation value" means the quotient that	43437
results from dividing (i) the dollar value of compensation	43438
received by the school district during the preceding tax year	43439
pursuant to division (B), (C), or (D) of section 5709.82 of the	43440
Revised Code and the amounts received pursuant to an agreement as	43441
specified in division (D)(2) of section 5709.40, division (D) of	43442
section 5709.73, or division (C) of section 5709.78 of the Revised	43443
Code to the extent those amounts were not previously reported or	43444
included in division (A)(6)(a) of this section, and so that any	43445
such amount is reported only once under division (A)(6)(b) of this	43446
section, in relation to exemptions from taxation granted pursuant	43447
to an ordinance or resolution adopted under division (C) of	43448
section 5709.40, division (C) of section 5709.73, or division (B)	43449
of section 5709.78 of the Revised Code, by (ii) the real property	43450
tax rate in effect for the preceding tax year for	43451
nonresidential/agricultural real property after making the	43452
reductions required by section 319.301 of the Revised Code.	43453

(c) The portion of school district compensation value or	43454
other compensation value that was exempted from taxation pursuant	43455
to such an ordinance or resolution for the preceding tax year, if	43456
the ordinance or resolution is adopted prior to January 1, 2006,	43457
and the legislative authority or board of township trustees or	43458
county commissioners, prior to January 1, 2006, executes a	43459
contract or agreement with a developer, whether for-profit or	43460
not-for-profit, with respect to the development of a project	43461
undertaken or to be undertaken and identified in the ordinance or	43462
resolution, and upon which parcels such project is being, or will	43463
be, undertaken;	43464

(d) The portion of school district compensation value that	43465
was exempted from taxation for the preceding tax year and for	43466
which payments in lieu of taxes for the preceding tax year were	43467
provided to the school district under division (D)(1) of section	43468
5709.40 of the Revised Code.	43469

(e) The portion of school district compensation value that	43470
was exempted from taxation for the preceding tax year pursuant to	43471
such an ordinance or resolution, if and to the extent that, on or	43472
before April 1, 2006, the fiscal officer of the municipal	43473
corporation that adopted the ordinance, or of the township or	43474
county that adopted the resolution, certifies and provides	43475
appropriate supporting documentation to the tax commissioner and	43476
the director of development that, based on hold-harmless	43477
provisions in any agreement between the school district and the	43478
legislative authority of the municipal corporation, board of	43479
township trustees, or board of county commissioners that was	43480
entered into on or before June 1, 2005, the ability or obligation	43481
of the municipal corporation, township, or county to repay bonds,	43482
notes, or other financial obligations issued or entered into prior	43483
to January 1, 2006, will be impaired, including obligations to or	43484
of any other body corporate and politic with whom the legislative	43485
authority of the municipal corporation or board of township	43486
trustees or county commissioners has entered into an agreement	43487
pertaining to the use of service payments derived from the	43488
improvements exempted;	43489

(f) The portion of school district compensation value that	43490
was exempted from taxation for the preceding tax year pursuant to	43491
such an ordinance or resolution, if the ordinance or resolution is	43492
adopted prior to January 1, 2006, in a municipal corporation with	43493
a population that exceeds one hundred thousand, as shown by the	43494
most recent federal decennial census, that includes a major	43495
employment center and that is adjacent to historically distressed	43496
neighborhoods, if the legislative authority of the municipal	43497
corporation that exempted the property prepares an economic	43498
analysis that demonstrates that all taxes generated within the	43499
incentive district accruing to the state by reason of improvements	43500
constructed within the district during its existence exceed the	43501
amount the state pays the school district under section 3317.022	43502
of the Revised Code attributable to such property exemption from	43503
the school district's recognized valuation. The analysis shall be	43504
submitted to and approved by the department of development prior	43505
to January 1, 2006, and the department shall not unreasonably	43506
withhold approval.	43507

(g) The portion of school district compensation value that	43508
was exempted from taxation for the preceding tax year under such	43509
an ordinance or resolution, if the ordinance or resolution is	43510
adopted prior to January 1, 2006, and if service payments have	43511
been pledged to be used for mixed-use riverfront entertainment	43512
development in any county with a population that exceeds six	43513
hundred thousand, as shown by the most recent federal decennial	43514
census;	43515

(h) The portion of school district compensation value that	43516
was exempted from taxation for the preceding tax year under such	43517
an ordinance or resolution, if, prior to January 1, 2006, the	43518
legislative authority of a municipal corporation, board of	43519
township trustees, or board of county commissioners has pledged	43520
service payments for a designated transportation capacity project	43521
approved by the transportation review advisory council under	43522
Chapter 5512. of the Revised Code;	43523

(i) The portion of school district compensation value that	43524
was exempted from taxation for the preceding tax year under such	43525
an ordinance or resolution if the legislative authority of a	43526
municipal corporation, board of township trustees, or board of	43527
county commissioners have, by January 1, 2006, pledged proceeds	43528
for designated transportation improvement projects that involve	43529
federal funds for which the proceeds are used to meet a local	43530
share match requirement for such funding.	43531

As used in division (A)(6) of this section, "project" has the	43532
same meaning as in section 5709.40 of the Revised Code.	43533

(7) The aggregate value of real property in the school	43534
district for which an exemption from taxation is granted by an	43535
ordinance or resolution adopted on or after January 1, 2006, under	43536
Chapter 725. or 1728., sections 3735.65 to 3735.70, or section	43537
5709.62, 5709.63, 5709.632, 5709.84, or 5709.88 of the Revised	43538
Code, as indicated on the list of exempted property for the	43539
preceding tax year under section 5713.08 of the Revised Code and	43540
as if such property had been assessed for taxation that year,	43541
minus the product determined by multiplying (a) the aggregate	43542
value of the real property in the school district exempted from	43543
taxation for the preceding tax year under any of the chapters or	43544
sections specified in this division, by (b) a fraction, the	43545
numerator of which is the difference between (i) the amount of	43546
anticipated revenue such school district would have received for	43547
the preceding tax year if the real property exempted from taxation	43548
had not been exempted from taxation and (ii) the aggregate amount	43549
of payments in lieu of taxes on the exempt real property for the	43550
preceding tax year and other compensation received for the	43551
preceding tax year by the school district pursuant to any	43552
agreements entered into on or after January 1, 2006, under section	43553
5709.82 of the Revised Code between the school district and the	43554
legislative authority of a political subdivision that acted under	43555
the authority of a chapter or statute specified in this division,	43556
that were entered into in relation to such exemption, and the	43557
denominator of which is the amount of anticipated revenue such	43558
school district would have received in the preceding fiscal year	43559
if the real property exempted from taxation had not been exempted.	43560

(B) On or before the first day of May each year, the tax	43561
commissioner shall certify to the department of education and the	43562
office of budget and management the total taxable real property	43563
value of railroads and, separately, the total taxable tangible	43564
personal property value of all public utilities for the preceding	43565
tax year, by school district and by county of location.	43566

(C) If a public utility has properly and timely filed a	43567
petition for reassessment under section 5727.47 of the Revised	43568
Code with respect to an assessment issued under section 5727.23 of	43569
the Revised Code affecting taxable property apportioned by the tax	43570
commissioner to a school district, the taxable value of public	43571
utility tangible personal property included in the certification	43572
under divisions (A)(2) and (B) of this section for the school	43573
district shall include only the amount of taxable value on the	43574
basis of which the public utility paid tax for the preceding year	43575
as provided in division (B)(1) or (2) of section 5727.47 of the	43576
Revised Code.	43577

(D) If on the basis of the information certified under	43578
division (A) of this section, the department determines that any	43579
district fails in any year to meet the qualification requirement	43580
specified in ~~division (A)(1) of section 3306.01 and~~ division (A)	43581
of section 3317.01 of the Revised Code, the department shall	43582
immediately request the tax commissioner to determine the extent	43583
to which any school district income tax levied by the district	43584
under Chapter 5748. of the Revised Code shall be included in	43585
meeting that requirement. Within five days of receiving such a	43586
request from the department, the tax commissioner shall make the	43587
determination required by this division and report the quotient	43588
obtained under division (D)(3) of this section to the department	43589
and the office of budget and management. This quotient represents	43590
the number of mills that the department shall include in	43591
determining whether the district meets the qualification	43592
requirement of ~~division (A)(1) of section 3306.01 and~~ division (A)	43593
of section 3317.01 of the Revised Code.	43594

The tax commissioner shall make the determination required by	43595
this division as follows:	43596

(1) Multiply one mill times the total taxable value of the	43597
district as determined in divisions (A)(1) and (2) of this	43598
section;	43599

(2) Estimate the total amount of tax liability for the	43600
current tax year under taxes levied by Chapter 5748. of the	43601
Revised Code that are apportioned to current operating expenses of	43602
the district, excluding any income tax receipts allocated for the	43603
project cost, debt service, or maintenance set-aside associated	43604
with a state-assisted classroom facilities project as authorized	43605
by section 3318.052 of the Revised Code;	43606

(3) Divide the amount estimated under division (D)(2) of this	43607
section by the product obtained under division (D)(1) of this	43608
section.	43609

(E)(1) On or before June 1, 2006, and the first day of April	43610
of each year thereafter, the director of development shall report	43611
to the department of education, the tax commissioner, and the	43612
director of budget and management the total amounts of payments	43613
received by each city, local, exempted village, or joint	43614
vocational school district for the preceding tax year pursuant to	43615
division (D) of section 5709.40, division (D) of section 5709.73,	43616
division (C) of section 5709.78, or division (B)(1), (B)(2), (C),	43617
or (D) of section 5709.82 of the Revised Code in relation to	43618
exemptions from taxation granted pursuant to an ordinance adopted	43619
by the legislative authority of a municipal corporation under	43620
division (C) of section 5709.40 of the Revised Code, or a	43621
resolution adopted by a board of township trustees or board of	43622
county commissioners under division (C) of section 5709.73 or	43623
division (B) of section 5709.78 of the Revised Code, respectively.	43624
On or before April 1, 2006, and the first day of March of each	43625
year thereafter, the treasurer of each city, local, exempted	43626
village, or joint vocational school district that has entered into	43627
such an agreement shall report to the director of development the	43628
total amounts of such payments the district received for the	43629
preceding tax year as provided in this section. The state board of	43630
education, in accordance with sections 3319.31 and 3319.311 of the	43631
Revised Code, may suspend or revoke the license of a treasurer	43632
found to have willfully reported erroneous, inaccurate, or	43633
incomplete data under this division.	43634

(2) On or before April 1, 2007, and the first day of April of	43635
each year thereafter, the director of development shall report to	43636
the department of education, the tax commissioner, and the	43637
director of budget and management the total amounts of payments	43638
received by each city, local, exempted village, or joint	43639
vocational school district for the preceding tax year pursuant to	43640
divisions (B), (C), and (D) of section 5709.82 of the Revised Code	43641
in relation to exemptions from taxation granted pursuant to	43642
ordinances or resolutions adopted on or after January 1, 2006,	43643
under Chapter 725. or 1728., sections 3735.65 to 3735.70, or	43644
section 5709.62, 5709.63, 5709.632, 5709.84, or 5709.88 of the	43645
Revised Code. On or before March 1, 2007, and the first day of	43646
March of each year thereafter, the treasurer of each city, local,	43647
exempted village, or joint vocational school district that has	43648
entered into such an agreement shall report to the director of	43649
development the total amounts of such payments the district	43650
received for the preceding tax year as provided by this section.	43651
The state board of education, in accordance with sections 3319.31	43652
and 3319.311 of the Revised Code, may suspend or revoke the	43653
license of a treasurer found to have willfully reported erroneous,	43654
inaccurate, or incomplete data under this division.	43655

Sec. 3317.022. (A)(1) The department of education shall	43656
compute and distribute state base cost funding to each eligible	43657
school district for the fiscal year, using the information	43658
obtained under section 3317.021 of the Revised Code in the	43659
calendar year in which the fiscal year begins, according to the	43660
following formula:	43661

{[the formula amount X (formula ADM +	43662

preschool scholarship ADM)] +	43663

the sum of the base funding supplements	43664

prescribed in divisions (C)(1) to (4)	43665

of section 3317.012 of the Revised Code} -	43666

[.023 x (the sum of recognized valuation	43667

and property exemption value)] +	43668

the amounts calculated for the district under	43669

sections 3317.029 and 3317.0217 of the Revised Code	43670

If the difference obtained is a negative number, the	43671
district's computation shall be zero.	43672

(2)(a) For each school district for which the tax exempt	43673
value of the district equals or exceeds twenty-five per cent of	43674
the potential value of the district, the department of education	43675
shall calculate the difference between the district's tax exempt	43676
value and twenty-five per cent of the district's potential value.	43677

(b) For each school district to which division (A)(2)(a) of	43678
this section applies, the department shall adjust the recognized	43679
valuation used in the calculation under division (A)(1) of this	43680
section by subtracting from it the amount calculated under	43681
division (A)(2)(a) of this section.	43682

(B) As used in this section:

43683

(1) The "total special education weight" for a district means	43684
the sum of the following amounts:	43685

(a) The district's category one special education ADM	43686
multiplied by the multiple specified in division (A) of section	43687
3317.013 of the Revised Code;	43688

(b) The district's category two special education ADM	43689
multiplied by the multiple specified in division (B) of section	43690
3317.013 of the Revised Code;	43691

(c) The district's category three special education ADM	43692
multiplied by the multiple specified in division (C) of section	43693
3317.013 of the Revised Code;	43694

(d) The district's category four special education ADM	43695
multiplied by the multiple specified in division (D) of section	43696
3317.013 of the Revised Code;	43697

(e) The district's category five special education ADM	43698
multiplied by the multiple specified in division (E) of section	43699
3317.013 of the Revised Code;	43700

(f) The district's category six special education ADM	43701
multiplied by the multiple specified in division (F) of section	43702
3317.013 of the Revised Code.	43703

(2) "Related services" includes:

43704

(a) Child study, special education supervisors and	43705
coordinators, speech and hearing services, adaptive physical	43706
development services, occupational or physical therapy, teacher	43707
assistants for children with disabilities whose disabilities are	43708
described in division (B) of section 3317.013 or division (F)(3)	43709
of section 3317.02 of the Revised Code, behavioral intervention,	43710
interpreter services, work study, nursing services, and	43711
specialized integrative services as those terms are defined by the	43712
department;	43713

(b) Speech and language services provided to any student with	43714
a disability, including any student whose primary or only	43715
disability is a speech and language disability;	43716

(c) Any related service not specifically covered by other	43717
state funds but specified in federal law, including but not	43718
limited to, audiology and school psychological services;	43719

(d) Any service included in units funded under former	43720
division (O)(1) of section 3317.024 of the Revised Code;	43721

(e) Any other related service needed by children with	43722
disabilities in accordance with their individualized education	43723
programs.	43724

(3) The "total vocational education weight" for a district	43725
means the sum of the following amounts:	43726

(a) The district's category one vocational education ADM	43727
multiplied by the multiple specified in division (A) of section	43728
3317.014 of the Revised Code;	43729

(b) The district's category two vocational education ADM	43730
multiplied by the multiple specified in division (B) of section	43731
3317.014 of the Revised Code.	43732

(4) "Preschool scholarship ADM" means the number of preschool	43733
children with disabilities reported under division (B)(3)(h) of	43734
section 3317.03 of the Revised Code.	43735

(C)(1) The department shall compute and distribute state	43736
special education and related services additional weighted costs	43737
funds to each school district in accordance with the following	43738
formula:	43739

The district's state share percentage X	43740

the formula amount for the year for which	43741

the aid is calculated X the district's	43742

total special education weight	43743

(2) The attributed local share of special education and	43744
related services additional weighted costs equals:	43745

(1 - the district's state share percentage) X the district's	43746

total special education weight X the formula amount	43747

(3)(a) The department shall compute and pay in accordance	43748
with this division additional state aid to school districts for	43749
students in categories two through six special education ADM. If a	43750
district's costs for the fiscal year for a student in its	43751
categories two through six special education ADM exceed the	43752
threshold catastrophic cost for serving the student, the district	43753
may submit to the superintendent of public instruction	43754
documentation, as prescribed by the superintendent, of all its	43755
costs for that student. Upon submission of documentation for a	43756
student of the type and in the manner prescribed, the department	43757
shall pay to the district an amount equal to the sum of the	43758
following:	43759

(i) One-half of the district's costs for the student in	43760
excess of the threshold catastrophic cost;	43761

(ii) The product of one-half of the district's costs for the	43762
student in excess of the threshold catastrophic cost multiplied by	43763
the district's state share percentage.	43764

(b) For purposes of division (C)(3)(a) of this section, the	43765
threshold catastrophic cost for serving a student equals:	43766

(i) For a student in the school district's category two,	43767
three, four, or five special education ADM, twenty-seven thousand	43768
three hundred seventy-five dollars;	43769

(ii) For a student in the district's category six special	43770
education ADM, thirty-two thousand eight hundred fifty dollars.	43771

(c) The district shall only report under division (C)(3)(a)	43772
of this section, and the department shall only pay for, the costs	43773
of educational expenses and the related services provided to the	43774
student in accordance with the student's individualized education	43775
program. Any legal fees, court costs, or other costs associated	43776
with any cause of action relating to the student may not be	43777
included in the amount.	43778

(4)(a) As used in this division, the "personnel allowance"	43779
means thirty thousand dollars in fiscal years 2008 and 2009.	43780

(b) For the provision of speech language pathology services	43781
to students, including students who do not have individualized	43782
education programs prepared for them under Chapter 3323. of the	43783
Revised Code, and for no other purpose, the department of	43784
education shall pay each school district an amount calculated	43785
under the following formula:	43786

(formula ADM divided by 2000) X	43787

the personnel allowance X	43788

the state share percentage	43789

(5) In any fiscal year, a school district shall spend for	43790
purposes that the department designates as approved for special	43791
education and related services expenses at least the amount	43792
calculated as follows:	43793

(formula amount X the sum of categories	43794

one through six special education ADM) +	43795

(total special education weight X formula amount)	43796

The purposes approved by the department for special education	43797
expenses shall include, but shall not be limited to,	43798
identification of children with disabilities, compliance with	43799
state rules governing the education of children with disabilities	43800
and prescribing the continuum of program options for children with	43801
disabilities, provision of speech language pathology services, and	43802
the portion of the school district's overall administrative and	43803
overhead costs that are attributable to the district's special	43804
education student population.	43805

The scholarships deducted from the school district's account	43806
under section 3310.41 of the Revised Code shall be considered to	43807
be an approved special education and related services expense for	43808
the purpose of the school district's compliance with division	43809
(C)(5) of this section.	43810

The department shall require school districts to report data	43811
annually to allow for monitoring compliance with division (C)(5)	43812
of this section. The department shall annually report to the	43813
governor and the general assembly the amount of money spent by	43814
each school district for special education and related services.	43815

(6) In any fiscal year, a school district shall spend for the	43816
provision of speech language pathology services not less than the	43817
sum of the amount calculated under division (C)(1) of this section	43818
for the students in the district's category one special education	43819
ADM and the amount calculated under division (C)(4) of this	43820
section.	43821

(D)(1) ~~As used in this division:~~

43822

~~(a) "Daily bus miles per student" equals the number of bus~~	43823
~~miles traveled per day, divided by transportation base.~~	43824

~~(b) "Transportation base" equals total student count as~~	43825
~~defined in section 3301.011 of the Revised Code, minus the number~~	43826
~~of students enrolled in units for preschool children with~~	43827
~~disabilities, plus the number of nonpublic school students~~	43828
~~included in transportation ADM.~~	43829

~~(c) "Transported student percentage" equals transportation~~	43830
~~ADM divided by transportation base.~~	43831

~~(d) "Transportation cost per student" equals total operating~~	43832
~~costs for board-owned or contractor-operated school buses divided~~	43833
~~by transportation base.~~	43834

~~(2) Analysis of student transportation cost data has resulted~~	43835
~~in a finding that an average efficient transportation use cost per~~	43836
~~student can be calculated by means of a regression formula that~~	43837
~~has as its two independent variables the number of daily bus miles~~	43838
~~per student and the transported student percentage. For fiscal~~	43839
~~year 1998 transportation cost data, the average efficient~~	43840
~~transportation use cost per student is expressed as follows:~~	43841

~~51.79027 + (139.62626 X daily bus miles per student) +~~	43842

~~(116.25573 X transported student percentage)~~	43843

~~The department of education shall annually determine the~~	43844
~~average efficient transportation use cost per student in~~	43845
~~accordance with the principles stated in division (D)(2) of this~~	43846
~~section, updating the intercept and regression coefficients of the~~	43847
~~regression formula modeled in this division, based on an annual~~	43848
~~statewide analysis of each school district's daily bus miles per~~	43849
~~student, transported student percentage, and transportation cost~~	43850
~~per student data. The department shall conduct the annual update~~	43851
~~using data, including daily bus miles per student, transported~~	43852
~~student percentage, and transportation cost per student data, from~~	43853
~~the prior fiscal year. The department shall notify the office of~~	43854
~~budget and management of such update by the fifteenth day of~~	43855
~~February of each year.~~	43856

~~(3) In addition to funds paid under divisions (A), (C), and~~	43857
~~(E) of this section, each district with a transported student~~	43858
~~percentage greater than zero shall receive a payment equal to a~~	43859
~~percentage of the product of the district's transportation base~~	43860
~~from the prior fiscal year times the annually updated average~~	43861
~~efficient transportation use cost per student, times an inflation~~	43862
~~factor of two and eight-tenths per cent to account for the~~	43863
~~one-year difference between the data used in updating the formula~~	43864
~~and calculating the payment and the year in which the payment is~~	43865
~~made. The percentage shall be the following percentage of that~~	43866
~~product specified for the corresponding fiscal year:~~	43867

~~FISCAL YEAR~~	~~PERCENTAGE~~	43868
~~2000~~	~~52.5%~~	43869
~~2001~~	~~55%~~	43870
~~2002~~	~~57.5%~~	43871
~~2003 and thereafter~~	~~The greater of 60% or the district's state share percentage~~	43872

~~The payments made under division (D)(3) of this section each~~	43873
~~year shall be calculated based on all of the same prior year's~~	43874
~~data used to update the formula.~~	43875

~~(4) In addition to funds paid under divisions (D)(2) and (3)~~	43876
~~of this section, a school district shall receive a rough road~~	43877
~~subsidy if both of the following apply:~~	43878

~~(a) Its county rough road percentage is higher than the~~	43879
~~statewide rough road percentage, as those terms are defined in~~	43880
~~division (D)(5) of this section;~~	43881

~~(b) Its district student density is lower than the statewide~~	43882
~~student density, as those terms are defined in that division.~~	43883

~~(5) The rough road subsidy paid to each district meeting the~~	43884
~~qualifications of division (D)(4) of this section shall be~~	43885
~~calculated in accordance with the following formula:~~	43886

~~(per rough mile subsidy X total rough road miles)~~	43887

~~X density multiplier~~	43888

~~where:~~

43889

~~(a) "Per rough mile subsidy" equals the amount calculated in~~	43890
~~accordance with the following formula:~~	43891

~~0.75 - {0.75 X [(maximum rough road percentage -~~	43892

~~county rough road percentage)/(maximum rough road~~	43893

~~percentage - statewide rough road percentage)]}~~	43894

~~(i) "Maximum rough road percentage" means the highest county~~	43895
~~rough road percentage in the state.~~	43896

~~(ii) "County rough road percentage" equals the percentage of~~	43897
~~the mileage of state, municipal, county, and township roads that~~	43898
~~is rated by the department of transportation as type A, B, C, E2,~~	43899
~~or F in the county in which the school district is located or, if~~	43900
~~the district is located in more than one county, the county to~~	43901
~~which it is assigned for purposes of determining its~~	43902
~~cost-of-doing-business factor.~~	43903

~~(iii) "Statewide rough road percentage" means the percentage~~	43904
~~of the statewide total mileage of state, municipal, county, and~~	43905
~~township roads that is rated as type A, B, C, E2, or F by the~~	43906
~~department of transportation.~~	43907

~~(b) "Total rough road miles" means a school district's total~~	43908
~~bus miles traveled in one year times its county rough road~~	43909
~~percentage.~~	43910

~~(c) "Density multiplier" means a figure calculated in~~	43911
~~accordance with the following formula:~~	43912

~~1 - [(minimum student density - district student~~	43913

~~density)/(minimum student density -~~	43914

~~statewide student density)]~~	43915

~~(i) "Minimum student density" means the lowest district~~	43916
~~student density in the state.~~	43917

~~(ii) "District student density" means a school district's~~	43918
~~transportation base divided by the number of square miles in the~~	43919
~~district.~~	43920

~~(iii) "Statewide student density" means the sum of the~~	43921
~~transportation bases for all school districts divided by the sum~~	43922
~~of the square miles in all school districts.~~	43923

~~(6) In addition to funds paid under divisions (D)(2) to (5)~~	43924
~~of this section, each district shall receive in accordance with~~	43925
~~rules adopted by the state board of education a payment for~~	43926
~~students transported by means other than board-owned or~~	43927
~~contractor-operated buses and whose transportation is not funded~~	43928
~~under division (G) of section 3317.024 of the Revised Code. The~~	43929
~~rules shall include provisions for school district reporting of~~	43930
~~such students.~~	43931

~~(E)(1)~~ The department shall compute and distribute state	43932
vocational education additional weighted costs funds to each	43933
school district in accordance with the following formula:	43934

state share percentage X	43935

the formula amount X	43936

total vocational education weight	43937

In any fiscal year, a school district receiving funds under	43938
division ~~(E)~~(D)(1) of this section shall spend those funds only	43939
for the purposes that the department designates as approved for	43940
vocational education expenses. Vocational educational expenses	43941
approved by the department shall include only expenses connected	43942
to the delivery of career-technical programming to	43943
career-technical students. The department shall require the school	43944
district to report data annually so that the department may	43945
monitor the district's compliance with the requirements regarding	43946
the manner in which funding received under division ~~(E)~~(D)(1) of	43947
this section may be spent.	43948

(2) The department shall compute for each school district	43949
state funds for vocational education associated services in	43950
accordance with the following formula:	43951

state share percentage X .05 X the formula amount X	43952

the sum of categories one and two vocational education ADM	43953

In any fiscal year, a school district receiving funds under	43954
division ~~(E)~~(D)(2) of this section, or through a transfer of funds	43955
pursuant to division ~~(L)~~(I) of section 3317.023 of the Revised	43956
Code, shall spend those funds only for the purposes that the	43957
department designates as approved for vocational education	43958
associated services expenses, which may include such purposes as	43959
apprenticeship coordinators, coordinators for other vocational	43960
education services, vocational evaluation, and other purposes	43961
designated by the department. The department may deny payment	43962
under division ~~(E)~~(D)(2) of this section to any district that the	43963
department determines is not operating those services or is using	43964
funds paid under division ~~(E)~~(D)(2) of this section, or through a	43965
transfer of funds pursuant to division ~~(L)~~(I) of section 3317.023	43966
of the Revised Code, for other purposes.	43967

~~(F)~~(E) The actual local share in any fiscal year for the	43968
combination of special education and related services additional	43969
weighted costs funding calculated under division (C)(1) of this	43970
section, transportation ~~funding~~base payment calculated under	43971
divisions ~~(D)(2) and (3)~~division (E) of ~~this~~ section 3317.0212 of	43972
the Revised Code, and vocational education and associated services	43973
additional weighted costs funding calculated under divisions	43974
~~(E)~~(D)(1) and (2) of this section shall not exceed for any school	43975
district the product of three and three-tenths mills times the	43976
district's recognized valuation. The department annually shall pay	43977
each school district as an excess cost supplement any amount by	43978
which the sum of the district's attributed local shares for that	43979
funding exceeds that product. For purposes of calculating the	43980
excess cost supplement:	43981

(1) The attributed local share for special education and	43982
related services additional weighted costs funding is the amount	43983
specified in division (C)(2) of this section.	43984

(2) The attributed local share of the district's	43985
transportation ~~funding~~base payment equals the difference of the	43986
total amount calculated for the district ~~using the formula~~	43987
~~developed~~ under division ~~(D)(2)~~(E) of ~~this~~ section 3317.0212 of	43988
the Revised Code minus the actual amount paid to the district	43989
after applying the percentage specified in division ~~(D)~~(E)(3) of	43990
~~this~~that section.	43991

(3) The attributed local share of vocational education and	43992
associated services additional weighted costs funding is the	43993
amount determined as follows:	43994

(1 - state share percentage) X	43995

[(total vocational education weight X	43996

the formula amount) + the payment under	43997

division ~~(E)~~(D)(2) of this section]	43998

Sec. 3317.023. (A) The amounts required to be paid to a	43999
district under this chapter ~~and Chapter 3306. of the Revised Code~~	44000
shall be adjusted by the amount of the computations made under	44001
divisions (B) to ~~(N)~~(K) of this section. ~~The department of~~	44002
~~education shall not make payments or adjustments under divisions~~	44003
~~(B), (C), and (D) of this section for any fiscal year after fiscal~~	44004
~~year 2009.~~	44005

As used in this section:

44006

(1) ~~"Classroom teacher" means a licensed employee who~~	44007
~~provides direct instruction to pupils, excluding teachers funded~~	44008
~~from money paid to the district from federal sources; educational~~	44009
~~service personnel; and vocational and special education teachers.~~	44010

~~(2) "Educational service personnel" shall not include such~~	44011
~~specialists funded from money paid to the district from federal~~	44012
~~sources or assigned full-time to vocational or special education~~	44013
~~students and classes and may only include those persons employed~~	44014
~~in the eight specialist areas in a pattern approved by the~~	44015
~~department of education under guidelines established by the state~~	44016
~~board of education.~~	44017

~~(3) "Annual salary" means the annual base salary stated in~~	44018
~~the state minimum salary schedule for the performance of the~~	44019
~~teacher's regular teaching duties that the teacher earns for~~	44020
~~services rendered for the first full week of October of the fiscal~~	44021
~~year for which the adjustment is made under division (C) of this~~	44022
~~section. It shall not include any salary payments for supplemental~~	44023
~~teachers contracts.~~	44024

~~(4) "Regular student population" means the formula ADM plus~~	44025
~~the number of students reported as enrolled in the district~~	44026
~~pursuant to division (A)(1) of section 3313.981 of the Revised~~	44027
~~Code; minus the number of students reported under division (A)(2)~~	44028
~~of section 3317.03 of the Revised Code; minus the FTE of students~~	44029
~~reported under division (B)(6), (7), (8), (9), (10), (11), or (12)~~	44030
~~of that section who are enrolled in a vocational education class~~	44031
~~or receiving special education; and minus twenty per cent of the~~	44032
~~students enrolled concurrently in a joint vocational school~~	44033
~~district.~~	44034

~~(5)~~ "VEPD" means a school district or group of school	44035
districts designated by the department of education as being	44036
responsible for the planning for and provision of vocational	44037
education services to students within the district or group.	44038

~~(6)~~(2) "Lead district" means a school district, including a	44039
joint vocational school district, designated by the department as	44040
a VEPD, or designated to provide primary vocational education	44041
leadership within a VEPD composed of a group of districts.	44042

(B) ~~If the district employs less than one full-time~~	44043
~~equivalent classroom teacher for each twenty-five pupils in the~~	44044
~~regular student population in any school district, deduct the sum~~	44045
~~of the amounts obtained from the following computations:~~	44046

~~(1) Divide the number of the district's full-time equivalent~~	44047
~~classroom teachers employed by one twenty-fifth;~~	44048

~~(2) Subtract the quotient in (1) from the district's regular~~	44049
~~student population;~~	44050

~~(3) Multiply the difference in (2) by seven hundred fifty-two~~	44051
~~dollars.~~	44052

~~(C) If a positive amount, add one-half of the amount obtained~~	44053
~~by multiplying the number of full-time equivalent classroom~~	44054
~~teachers by:~~	44055

~~(1) The mean annual salary of all full-time equivalent~~	44056
~~classroom teachers employed by the district at their respective~~	44057
~~training and experience levels minus;~~	44058

~~(2) The mean annual salary of all such teachers at their~~	44059
~~respective levels in all school districts receiving payments under~~	44060
~~this section.~~	44061

~~The number of full-time equivalent classroom teachers used in~~	44062
~~this computation shall not exceed one twenty-fifth of the~~	44063
~~district's regular student population. In calculating the~~	44064
~~district's mean salary under this division, those full-time~~	44065
~~equivalent classroom teachers with the highest training level~~	44066
~~shall be counted first, those with the next highest training level~~	44067
~~second, and so on, in descending order. Within the respective~~	44068
~~training levels, teachers with the highest years of service shall~~	44069
~~be counted first, the next highest years of service second, and so~~	44070
~~on, in descending order.~~	44071

~~(D) This division does not apply to a school district that~~	44072
~~has entered into an agreement under division (A) of section~~	44073
~~3313.42 of the Revised Code. Deduct the amount obtained from the~~	44074
~~following computations if the district employs fewer than five~~	44075
~~full-time equivalent educational service personnel, including~~	44076
~~elementary school art, music, and physical education teachers,~~	44077
~~counselors, librarians, visiting teachers, school social workers,~~	44078
~~and school nurses for each one thousand pupils in the regular~~	44079
~~student population:~~	44080

~~(1) Divide the number of full-time equivalent educational~~	44081
~~service personnel employed by the district by five~~	44082
~~one-thousandths;~~	44083

~~(2) Subtract the quotient in (1) from the district's regular~~	44084
~~student population;~~	44085

~~(3) Multiply the difference in (2) by ninety-four dollars.~~

44086

~~(E)~~ If a local school district, or a city or exempted village	44087
school district to which a governing board of an educational	44088
service center provides services pursuant to section 3313.843 of	44089
the Revised Code, deduct the amount of the payment required for	44090
the reimbursement of the governing board under section 3317.11 of	44091
the Revised Code.	44092

~~(F)~~(C)(1) If the district is required to pay to or entitled	44093
to receive tuition from another school district under division	44094
(C)(2) or (3) of section 3313.64 or section 3313.65 of the Revised	44095
Code, or if the superintendent of public instruction is required	44096
to determine the correct amount of tuition and make a deduction or	44097
credit under section 3317.08 of the Revised Code, deduct and	44098
credit such amounts as provided in division (J) of section 3313.64	44099
or section 3317.08 of the Revised Code.	44100

(2) For each child for whom the district is responsible for	44101
tuition or payment under division (A)(1) of section 3317.082 or	44102
section 3323.091 of the Revised Code, deduct the amount of tuition	44103
or payment for which the district is responsible.	44104

~~(G)~~(D) If the district has been certified by the	44105
superintendent of public instruction under section 3313.90 of the	44106
Revised Code as not in compliance with the requirements of that	44107
section, deduct an amount equal to ten per cent of the amount	44108
computed for the district under ~~Chapter 3306. of the Revised Code~~	44109
this chapter.	44110

~~(H)~~(E) If the district has received a loan from a commercial	44111
lending institution for which payments are made by the	44112
superintendent of public instruction pursuant to division (E)(3)	44113
of section 3313.483 of the Revised Code, deduct an amount equal to	44114
such payments.	44115

~~(I)~~(F)(1) If the district is a party to an agreement entered	44116
into under division (D), (E), or (F) of section 3311.06 or	44117
division (B) of section 3311.24 of the Revised Code and is	44118
obligated to make payments to another district under such an	44119
agreement, deduct an amount equal to such payments if the district	44120
school board notifies the department in writing that it wishes to	44121
have such payments deducted.	44122

(2) If the district is entitled to receive payments from	44123
another district that has notified the department to deduct such	44124
payments under division ~~(I)~~(F)(1) of this section, add the amount	44125
of such payments.	44126

~~(J)~~(G) If the district is required to pay an amount of funds	44127
to a cooperative education district pursuant to a provision	44128
described by division (B)(4) of section 3311.52 or division (B)(8)	44129
of section 3311.521 of the Revised Code, deduct such amounts as	44130
provided under that provision and credit those amounts to the	44131
cooperative education district for payment to the district under	44132
division (B)(1) of section 3317.19 of the Revised Code.	44133

~~(K)~~(H)(1) If a district is educating a student entitled to	44134
attend school in another district pursuant to a shared education	44135
contract, compact, or cooperative education agreement other than	44136
an agreement entered into pursuant to section 3313.842 of the	44137
Revised Code, credit to that educating district on an FTE basis	44138
both of the following:	44139

(a) An amount equal to the formula amount.

44140

(b) An amount equal to ~~the current formula amount~~$5,732	44141
times the state share percentage times any multiple applicable to	44142
the student for fiscal year 2009 pursuant to section ~~3306.11~~	44143
3317.013 or 3317.014 of the Revised Code, as those sections	44144
existed for that fiscal year.	44145

(2) Deduct any amount credited pursuant to division ~~(K)~~(H)(1)	44146
of this section from amounts paid to the school district in which	44147
the student is entitled to attend school pursuant to section	44148
3313.64 or 3313.65 of the Revised Code.	44149

(3) If the district is required by a shared education	44150
contract, compact, or cooperative education agreement to make	44151
payments to an educational service center, deduct the amounts from	44152
payments to the district and add them to the amounts paid to the	44153
service center pursuant to section 3317.11 of the Revised Code.	44154

~~(L)~~(I)(1) If a district, including a joint vocational school	44155
district, is a lead district of a VEPD, credit to that district	44156
the following amounts calculated for all the school districts	44157
within that VEPD ~~pursuant to~~:	44158

(a) In any fiscal year except fiscal year 2012 or 2013, the	44159
amount computed under division ~~(E)~~(D)(2) of section 3317.022 of	44160
the Revised Code.;	44161

(b) In fiscal years 2012 and 2013, an amount equal to the	44162
following:	44163

state share percentage X .05 X $5,732 X	44164

the sum of categories one	44165

and two vocational education ADM	44166

(2) Deduct from each appropriate district that is not a lead	44167
district, the amount attributable to that district that is	44168
credited to a lead district under division ~~(L)~~(I)(1) of this	44169
section.	44170

~~(M)~~(J) If the department pays a joint vocational school	44171
district under division (G)(4) of section 3317.16 of the Revised	44172
Code for excess costs of providing special education and related	44173
services to a student with a disability, as calculated under	44174
division (G)(2) of that section, the department shall deduct the	44175
amount of that payment from the city, local, or exempted village	44176
school district that is responsible as specified in that section	44177
for the excess costs.	44178

~~(N)~~(K)(1) If the district reports an amount of excess cost	44179
for special education services for a child under division (C) of	44180
section 3323.14 of the Revised Code, the department shall pay that	44181
amount to the district.	44182

(2) If the district reports an amount of excess cost for	44183
special education services for a child under division (C) of	44184
section 3323.14 of the Revised Code, the department shall deduct	44185
that amount from the district of residence of that child.	44186

Sec. 3317.024. The following shall be distributed monthly,	44187
quarterly, or annually as may be determined by the state board of	44188
education~~, except that the department of education shall not make~~	44189
~~payments under divisions (F), (L), and (N) of this section for any~~	44190
~~fiscal year after fiscal year 2009~~:	44191

(A) An amount for each island school district and each joint	44192
state school district for the operation of each high school and	44193
each elementary school maintained within such district and for	44194
capital improvements for such schools. Such amounts shall be	44195
determined on the basis of standards adopted by the state board of	44196
education. However, for fiscal years 2012 and 2013, an island	44197
district shall receive the lesser of its actual cost of operation,	44198
as certified to the department of education, or ninety-three per	44199
cent of the amount the district received in state operating	44200
funding for fiscal year 2011. If an island district received no	44201
funding for fiscal year 2011, it shall receive no funding for	44202
either of fiscal year 2012 or 2013.	44203

(B) ~~An amount for each school district operating classes for~~	44204
~~children of migrant workers who are unable to be in attendance in~~	44205
~~an Ohio school during the entire regular school year. The amounts~~	44206
~~shall be determined on the basis of standards adopted by the state~~	44207
~~board of education, except that payment shall be made only for~~	44208
~~subjects regularly offered by the school district providing the~~	44209
~~classes.~~	44210

~~(C) An amount for each school district with guidance,~~	44211
~~testing, and counseling programs approved by the state board of~~	44212
~~education. The amount shall be determined on the basis of~~	44213
~~standards adopted by the state board of education.~~	44214

~~(D) An amount for the emergency purchase of school buses as~~	44215
~~provided for in section 3317.07 of the Revised Code;~~	44216

~~(E)~~ An amount for each school district required to pay	44217
tuition for a child in an institution maintained by the department	44218
of youth services pursuant to section 3317.082 of the Revised	44219
Code, provided the child was not included in the calculation of	44220
the district's average daily membership for the preceding school	44221
year.	44222

~~(F) An amount for adult basic literacy education for each~~	44223
~~district participating in programs approved by the state board of~~	44224
~~education. The amount shall be determined on the basis of~~	44225
~~standards adopted by the state board of education.~~	44226

~~(G)~~(C) An amount for the approved cost of transporting	44227
eligible pupils with disabilities attending a special education	44228
program approved by the department of education whom it is	44229
impossible or impractical to transport by regular school bus in	44230
the course of regular route transportation provided by the school	44231
district or educational service center. No district or service	44232
center is eligible to receive a payment under this division for	44233
the cost of transporting any pupil whom it transports by regular	44234
school bus and who is included in the district's transportation	44235
ADM. The state board of education shall establish standards and	44236
guidelines for use by the department of education in determining	44237
the approved cost of such transportation for each district or	44238
service center.	44239

~~(H)~~(D) An amount to each school district, including each	44240
cooperative education school district, pursuant to section 3313.81	44241
of the Revised Code to assist in providing free lunches to needy	44242
children ~~and an amount to assist needy school districts in~~	44243
~~purchasing necessary equipment for food preparation~~. The amounts	44244
shall be determined on the basis of rules adopted by the state	44245
board of education.	44246

~~(I)~~(E) An amount to each school district, for each pupil	44247
attending a chartered nonpublic elementary or high school within	44248
the district. The amount shall equal the amount appropriated for	44249
the implementation of section 3317.06 of the Revised Code divided	44250
by the average daily membership in grades kindergarten through	44251
twelve in nonpublic elementary and high schools within the state	44252
as determined during the first full week in October of each school	44253
year.	44254

~~(J)~~(F) An amount for each county DD board, distributed on the	44255
basis of standards adopted by the state board of education, for	44256
the approved cost of transportation required for children	44257
attending special education programs operated by the county DD	44258
board under section 3323.09 of the Revised Code;	44259

~~(K) An amount for each school district that establishes a~~	44260
~~mentor teacher program that complies with rules of the state board~~	44261
~~of education. No school district shall be required to establish or~~	44262
~~maintain such a program in any year unless sufficient funds are~~	44263
~~appropriated to cover the district's total costs for the program.~~	44264

~~(L) An amount to each school district or educational service~~	44265
~~center for the total number of gifted units approved pursuant to~~	44266
~~section 3317.05 of the Revised Code. The amount for each such unit~~	44267
~~shall be the sum of the minimum salary for the teacher of the~~	44268
~~unit, calculated on the basis of the teacher's training level and~~	44269
~~years of experience pursuant to the salary schedule prescribed in~~	44270
~~the version of section 3317.13 of the Revised Code in effect prior~~	44271
~~to July 1, 2001, plus fifteen per cent of that minimum salary~~	44272
~~amount, plus two thousand six hundred seventy-eight dollars.~~	44273

~~(M)~~(G) An amount to each institution defined under section	44274
3317.082 of the Revised Code providing elementary or secondary	44275
education to children other than children receiving special	44276
education under section 3323.091 of the Revised Code. This amount	44277
for any institution in any fiscal year shall equal the total of	44278
all tuition amounts required to be paid to the institution under	44279
division (A)(1) of section 3317.082 of the Revised Code.	44280

~~(N) A grant to each school district and joint vocational~~	44281
~~school district that operates a "graduation, reality, and~~	44282
~~dual-role skills" (GRADS) program for pregnant and parenting~~	44283
~~students that is approved by the department. The amount of the~~	44284
~~payment shall be the district's state share percentage, as defined~~	44285
~~in section 3317.022 or 3317.16 of the Revised Code, times the~~	44286
~~GRADS personnel allowance times the full-time-equivalent number of~~	44287
~~GRADS teachers approved by the department. The GRADS personnel~~	44288
~~allowance is $47,555 in fiscal years 2008 and 2009. The GRADS~~	44289
~~program shall include instruction on adoption as an option for~~	44290
~~unintended pregnancies.~~	44291

The state board of education or any other board of education	44292
or governing board may provide for any resident of a district or	44293
educational service center territory any educational service for	44294
which funds are made available to the board by the United States	44295
under the authority of public law, whether such funds come	44296
directly or indirectly from the United States or any agency or	44297
department thereof or through the state or any agency, department,	44298
or political subdivision thereof.	44299

Sec. 3317.025. On or before the first day of June of each	44300
year, the tax commissioner shall certify the following information	44301
to the department of education and the office of budget and	44302
management, for each school district in which the value of the	44303
property described under division (A) of this section exceeds one	44304
per cent of the taxable value of all real and tangible personal	44305
property in the district or in which is located tangible personal	44306
property designed for use or used in strip mining operations,	44307
whose taxable value exceeds five million dollars, and the taxes	44308
upon which the district is precluded from collecting by virtue of	44309
legal proceedings to determine the value of such property:	44310

(A) The total taxable value of all property in the district	44311
owned by a public utility or railroad that has filed a petition	44312
for reorganization under the "Bankruptcy Act," 47 Stat. 1474	44313
(1898), 11 U.S.C. 205, as amended, and all tangible personal	44314
property in the district designed for use or used in strip mining	44315
operations whose taxable value exceeds five million dollars upon	44316
which have not been paid in full on or before the first day of	44317
April of that calendar year all real and tangible personal	44318
property taxes levied for the preceding calendar year and which	44319
the district was precluded from collecting by virtue of	44320
proceedings under section 205 of said act or by virtue of legal	44321
proceedings to determine the tax liability of such strip mining	44322
equipment;	44323

(B) The percentage of the total operating taxes charged and	44324
payable for school district purposes levied against such valuation	44325
for the preceding calendar year that have not been paid by such	44326
date;	44327

(C) The product obtained by multiplying the value certified	44328
under division (A) of this section by the percentage certified	44329
under division (B) of this section. If the value certified under	44330
division (A) of this section includes taxable property owned by a	44331
public utility or railroad that has filed a petition for	44332
reorganization under the bankruptcy act, the amount used in making	44333
the calculation under this division shall be reduced by one per	44334
cent of the total value of all real and tangible personal property	44335
in the district or the value of the utility's or railroad's	44336
property, whichever is less.	44337

Upon receipt of the certification, the department shall	44338
recompute the payments required under ~~Chapter 3306. of the~~	44339
~~Revised Code~~this chapter in the manner the payments would have	44340
been computed if:	44341

(1) The amount certified under division (C) of this section	44342
was not subject to taxation by the district and was not included	44343
in the certification made under division (A)(1), (A)(2), or (D) of	44344
section 3317.021 of the Revised Code.	44345

(2) The amount of taxes charged and payable and unpaid and	44346
used to make the computation under division (B) of this section	44347
had not been levied and had not been used in the computation	44348
required by division (B) of section 3317.021 of the Revised Code.	44349
The department shall pay the district that amount in the ensuing	44350
fiscal year in lieu of the amounts computed under ~~Chapter 3306. of~~	44351
~~the Revised Code~~this chapter.	44352

If a school district received a grant from the catastrophic	44353
expenditures account pursuant to division (C) of section 3316.20	44354
of the Revised Code on the basis of the same circumstances for	44355
which a recomputation is made under this section, the amount of	44356
the recomputation shall be reduced and transferred in accordance	44357
with division (C) of section 3316.20 of the Revised Code.	44358

Sec. 3317.0210. (A) As used in this section:

44359

(1) "Bankruptcy Reform Act" means the "Bankruptcy Reform Act	44360
of 1978," 92 Stat. 2558, 11 U.S.C. 301, as amended.	44361

(2) "Chapter 11 corporation" means a corporation, company, or	44362
other business organization that has filed a petition for	44363
reorganization under Chapter 11 of the "Bankruptcy Reform Act," 92	44364
Stat. 2626, 11 U.S.C. 1101, as amended.	44365

(3) "Uncollectable taxes" means property taxes payable in a	44366
calendar year by a Chapter 11 corporation on its property that a	44367
school district is precluded from collecting by virtue of	44368
proceedings under the Bankruptcy Reform Act.	44369

(4) "Basic state aid" means ~~the~~a school district's state	44370
education aid ~~calculated for a school district under Chapter 3306.~~	44371
~~of the Revised Code~~.	44372

(5) "Effective value" means the amount obtained by	44373
multiplying the total taxable value certified in a calendar year	44374
under section 3317.021 of the Revised Code by a fraction, the	44375
numerator of which is the total taxes charged and payable in that	44376
calendar year exclusive of the uncollectable taxes payable in that	44377
year, and the denominator of which is the total taxes charged and	44378
payable in that year.	44379

(6) "Total taxes charged and payable" has the same meaning	44380
given "taxes charged and payable" in section 3317.02 of the	44381
Revised Code.	44382

(B)(1) Between the first day of January and the first day of	44383
February of any year, a school district shall notify the	44384
department of education if it has uncollectable taxes payable in	44385
the preceding calendar year from one Chapter 11 corporation.	44386

(2) The department shall verify whether the district has such	44387
uncollectable taxes from such a corporation, and if the district	44388
does, shall immediately request the tax commissioner to certify	44389
the district's total taxes charged and payable in the preceding	44390
calendar year, and the tax commissioner shall certify that	44391
information to the department within thirty days after receiving	44392
the request. For the purposes of this section, taxes are payable	44393
in the calendar year that includes the day prescribed by law for	44394
their payment, including any lawful extension thereof.	44395

(C) Upon receiving the certification from the tax	44396
commissioner, the department shall determine whether the amount of	44397
uncollectable taxes from the corporation equals at least one per	44398
cent of the total taxes charged and payable as certified by the	44399
tax commissioner. If it does, the department shall compute the	44400
district's effective value and shall recompute the basic state aid	44401
payable to the district for the current fiscal year using the	44402
effective value in lieu of the total taxable value used to compute	44403
the basic state aid for the current fiscal year. The difference	44404
between the basic state aid amount originally computed for the	44405
district for the current fiscal year and the recomputed amount	44406
shall be paid to the district from the lottery profits education	44407
fund before the end of the current fiscal year.	44408

(D) Except as provided in division (E) of this section,	44409
amounts received by a school district under division (C) of this	44410
section shall be repaid to the department of education in any	44411
future year to the extent the district receives payments of	44412
uncollectable taxes in such future year. The district shall notify	44413
the department of any amount owed under this division.	44414

(E) If a school district received a grant from the	44415
catastrophic expenditures account pursuant to division (C) of	44416
section 3316.20 of the Revised Code on the basis of the same	44417
circumstances for which a recomputation is made under this	44418
section, the amount of the recomputation shall be reduced and	44419
transferred in accordance with division (C) of section 3316.20 of	44420
the Revised Code.	44421

Sec. 3317.0211. (A) As used in this section:

44422

(1) "Port authority" means any port authority as defined in	44423
section 4582.01 or 4582.21 of the Revised Code.	44424

(2) "Real property" includes public utility real property and	44425
"personal property" includes public utility personal property.	44426

(3) "Uncollected taxes" means property taxes charged and	44427
payable against the property of a port authority for a tax year	44428
that a school district has not collected.	44429

(4) "Basic state aid" means ~~the~~a school district's state	44430
education aid ~~calculated for a school district under Chapter 3306.~~	44431
~~of the Revised Code~~.	44432

(5) "Effective value" means the sum of the effective	44433
residential/agricultural real property value, the effective	44434
nonresidential/agricultural real property value, and the effective	44435
personal value.	44436

(6) "Effective residential/agricultural real property value"	44437
means, for a tax year, the amount obtained by multiplying the	44438
value for that year of residential/agricultural real property	44439
subject to taxation in the district by a fraction, the numerator	44440
of which is the total taxes charged and payable for that year	44441
against the residential/agricultural real property subject to	44442
taxation in the district, exclusive of the uncollected taxes for	44443
that year on all real property subject to taxation in the	44444
district, and the denominator of which is the total taxes charged	44445
and payable for that year against the residential/agricultural	44446
real property subject to taxation in the district.	44447

(7) "Effective nonresidential/agricultural real property	44448
value" means, for a tax year, the amount obtained by multiplying	44449
the value for that year of nonresidential/agricultural real	44450
property subject to taxation in the district by a fraction, the	44451
numerator of which is the total taxes charged and payable for that	44452
year against the nonresidential/agricultural real property subject	44453
to taxation in the district, exclusive of the uncollected taxes	44454
for that year on all real property subject to taxation in the	44455
district, and the denominator of which is the total taxes charged	44456
and payable for that year against the nonresidential/agricultural	44457
real property subject to taxation in the district.	44458

(8) "Effective personal value" means, for a tax year, the	44459
amount obtained by multiplying the value for that year certified	44460
under division (A)(2) of section 3317.021 of the Revised Code by a	44461
fraction, the numerator of which is the total taxes charged and	44462
payable for that year against personal property subject to	44463
taxation in the district, exclusive of the uncollected taxes for	44464
that year on that property, and the denominator of which is the	44465
total taxes charged and payable for that year against personal	44466
property subject to taxation in the district.	44467

(9) "Nonresidential/agricultural real property value" means,	44468
for a tax year, the sum of the values certified for a school	44469
district for that year under division (B)(2)(a) of this section,	44470
and "residential/agricultural real property value" means, for a	44471
tax year, the sum of the values certified for a school district	44472
under division (B)(2)(b) of this section.	44473

(10) "Taxes charged and payable against real property" means	44474
the taxes charged and payable against that property after making	44475
the reduction required by section 319.301 of the Revised Code.	44476

(11) "Total taxes charged and payable" has the same meaning	44477
given "taxes charged and payable" in section 3317.02 of the	44478
Revised Code.	44479

(B)(1) By the first day of August of any calendar year, a	44480
school district shall notify the department of education if it has	44481
any uncollected taxes from one port authority for the second	44482
preceding tax year whose taxes charged and payable represent at	44483
least one-half of one per cent of the district's total taxes	44484
charged and payable for that tax year.	44485

(2) The department shall verify whether the district has such	44486
uncollected taxes by the first day of September, and if the	44487
district does, shall immediately request the county auditor of	44488
each county in which the school district has territory to certify	44489
the following information concerning the district's property	44490
values and taxes for the second preceding tax year, and each such	44491
auditor shall certify that information to the department within	44492
thirty days of receiving the request:	44493

(a) The value of the property subject to taxation in the	44494
district that was classified as nonresidential/agricultural real	44495
property pursuant to section 5713.041 of the Revised Code, and the	44496
taxes charged and payable on that property; and	44497

(b) The value of the property subject to taxation in the	44498
district that was classified as residential/agricultural real	44499
property under section 5713.041 of the Revised Code.	44500

(C) By the fifteenth day of November, the department shall	44501
compute the district's effective nonresidential/agricultural real	44502
property value, effective residential/agricultural real property	44503
value, effective personal value, and effective value, and shall	44504
determine whether the school district's effective value for the	44505
second preceding tax year is at least one per cent less than its	44506
total value for that year certified under divisions (A)(1) and (2)	44507
of section 3317.021 of the Revised Code. If it is, the department	44508
shall recompute the basic state aid payable to the district for	44509
the immediately preceding fiscal year using the effective value in	44510
lieu of the amounts previously certified under section 3317.021 of	44511
the Revised Code. The difference between the original basic state	44512
aid amount computed for the district for the preceding fiscal year	44513
and the recomputed amount shall be paid to the district from the	44514
lottery profits education fund before the end of the current	44515
fiscal year.	44516

(D) Except as provided in division (E) of this section,	44517
amounts received by a school district under division (C) of this	44518
section shall be repaid to the department of education in any	44519
future year to the extent the district receives payments of	44520
uncollectable taxes in such future year. The department shall	44521
notify a district of any amount owed under this division.	44522

(E) If a school district received a grant from the	44523
catastrophic expenditures account pursuant to division (C) of	44524
section 3316.20 of the Revised Code on the basis of the same	44525
circumstances for which a recomputation is made under this	44526
section, the amount of the recomputation shall be reduced and	44527
transferred in accordance with division (C) of section 3316.20 of	44528
the Revised Code.	44529

~~Sec. 3306.12.~~ Sec. 3317.0212. ~~(A)~~The department of education shall	44530
make no payments under this section for fiscal year 2012 or 2013.	44531

(A) As used in this section:

44532

(1) "Assigned bus" means a school bus used to transport	44533
qualifying riders.	44534

(2) "Nontraditional ridership" means the average number of	44535
qualifying riders who are enrolled in a community school	44536
established under Chapter 3314. of the Revised Code, in a STEM	44537
school established under Chapter 3326. of the Revised Code, or in	44538
a nonpublic school and are provided school bus service by a school	44539
district during the first full week of October.	44540

(3) "Qualifying riders" means resident students enrolled in	44541
regular education in grades kindergarten to twelve who are	44542
provided school bus service by a school district and who live more	44543
than one mile from the school they attend, including students with	44544
dual enrollment in a joint vocational school district or a	44545
cooperative education school district, and students enrolled in a	44546
community school, STEM school, or nonpublic school.	44547

(4) "Qualifying ridership" means the average number of	44548
qualifying riders who are provided school bus service by a school	44549
district during the first full week of October.	44550

(5) "Rider density" means the number of qualifying riders per	44551
square mile of a school district.	44552

(6) "School bus service" means a school district's	44553
transportation of qualifying riders in any of the following types	44554
of vehicles:	44555

(a) School buses owned or leased by the district;

44556

(b) School buses operated by a private contractor hired by	44557
the district;	44558

(c) School buses operated by another school district or	44559
entity with which the district has contracted, either as part of a	44560
consortium for the provision of transportation or otherwise.	44561

(B) Not later than the fifteenth day of October each year,	44562
each city, local, and exempted village school district shall	44563
report to the department of education its qualifying ridership,	44564
nontraditional ridership, number of qualifying riders per assigned	44565
bus, and any other information requested by the department.	44566
Subsequent adjustments to the reported numbers shall be made only	44567
in accordance with rules adopted by the department.	44568

(C) The department shall calculate the statewide	44569
transportation cost per student as follows:	44570

(1) Determine each city, local, and exempted village school	44571
district's transportation cost per student by dividing the	44572
district's total costs for school bus service in the previous	44573
fiscal year by its qualifying ridership in the previous fiscal	44574
year.	44575

(2) After excluding districts that do not provide school bus	44576
service and the ten districts with the highest transportation	44577
costs per student and the ten districts with the lowest	44578
transportation costs per student, divide the aggregate cost for	44579
school bus service for the remaining districts in the previous	44580
fiscal year by the aggregate qualifying ridership of those	44581
districts in the previous fiscal year.	44582

(D) The department shall calculate the statewide	44583
transportation cost per mile as follows:	44584

(1) Determine each city, local, and exempted village school	44585
district's transportation cost per mile by dividing the district's	44586
total costs for school bus service in the previous fiscal year by	44587
its total number of miles driven for school bus service in the	44588
previous fiscal year.	44589

(2) After excluding districts that do not provide school bus	44590
service and the ten districts with the highest transportation	44591
costs per mile and the ten districts with the lowest	44592
transportation costs per mile, divide the aggregate cost for	44593
school bus service for the remaining districts in the previous	44594
fiscal year by the aggregate miles driven for school bus service	44595
in those districts in the previous fiscal year.	44596

(E) The department shall calculate each city, local, and	44597
exempted village school district's transportation base payment as	44598
follows:	44599

(1) Multiply the statewide transportation cost per student by	44600
the district's qualifying ridership for the current fiscal year.	44601

(2) Multiply the statewide transportation cost per mile by	44602
the district's total number of miles driven for school bus service	44603
in the current fiscal year.	44604

(3) Multiply the greater of the amounts calculated under	44605
divisions (E)(1) and (2) of this section by the greater of sixty	44606
per cent or the district's state share percentage, as defined in	44607
section 3317.02 of the Revised Code.	44608

(F) The department shall calculate each city, local, and	44609
exempted village school district's nontraditional ridership	44610
adjustment according to the following formula:	44611

(nontraditional ridership for the current fiscal year /	44612

qualifying ridership for the current fiscal year) X 0.1 X	44613

transportation base payment	44614

(G) If a city, local, ~~and~~or exempted village school district	44615
offers school bus service to all resident students who are	44616
enrolled in regular education in district schools in grades nine	44617
to twelve and who live more than one mile from the school they	44618
attend, the department shall calculate the district's high school	44619
ridership adjustment according to the following formula:	44620

0.025 X transportation base payment	44621

(H) If a city, local, ~~and~~or exempted village school district	44622
offers school bus service to students enrolled in grades	44623
kindergarten to eight who live more than one mile, but two miles	44624
or less, from the school they attend, the department shall	44625
calculate an additional adjustment according to the following	44626
formula:	44627

0.025 X transportation base payment	44628

(I)(1) The department annually shall establish a target	44629
number of qualifying riders per assigned bus for each city, local,	44630
and exempted village school district. The department shall use the	44631
most recently available data in establishing the target number.	44632
The target number shall be based on the statewide median number of	44633
qualifying riders per assigned bus as adjusted to reflect the	44634
district's rider density in comparison to the rider density of all	44635
other districts. The department shall post on the department's web	44636
site each district's target number of qualifying riders per	44637
assigned bus and a description of how the target number was	44638
determined.	44639

(2) The department shall determine each school district's	44640
efficiency index by dividing the district's median number of	44641
qualifying riders per assigned bus by its target number of	44642
qualifying riders per assigned bus.	44643

(3) The department shall determine each city, local, and	44644
exempted village school district's efficiency adjustment as	44645
follows:	44646

(a) If the district's efficiency index is equal to or greater	44647
than 1.5, the efficiency adjustment shall be calculated according	44648
to the following formula:	44649

0.1 X transportation base payment	44650

(b) If the district's efficiency index is less than 1.5 but	44651
equal to or greater than 1.0, the efficiency adjustment shall be	44652
calculated according to the following formula:	44653

[(efficiency index – 1) / 5] X transportation base payment	44654

(c) If the district's efficiency index is less than 1.0, the	44655
efficiency adjustment shall be zero.	44656

(J) The department shall pay each city, local, and exempted	44657
village school district the lesser of the following:	44658

(1) The sum of the amounts calculated under divisions (E) to	44659
(H) and (I)(3) of this section;	44660

(2) The district's total costs for school bus service for the	44661
prior fiscal year.	44662

(K) In addition to funds paid under division (J) of this	44663
section, each city, local, and exempted village district shall	44664
receive in accordance with rules adopted by the state board of	44665
education a payment for students transported by means other than	44666
school bus service and whose transportation is not funded under	44667
division ~~(G)~~(C) of section 3317.024 of the Revised Code. The rules	44668
shall include provisions for school district reporting of such	44669
students.	44670

~~(L)(1) In fiscal years 2010 and 2011, the department shall~~	44671
~~pay each district a pro rata portion of the amounts calculated~~	44672
~~under division (J) of this section and described in division (K)~~	44673
~~of this section, based on state appropriations.~~	44674

~~(2) In addition to the prorated payment under division (L)(1)~~	44675
~~of this section, in fiscal years 2010 and 2011, the department~~	44676
~~shall pay each school district that meets the conditions~~	44677
~~prescribed in division (L)(3) of this section an additional amount~~	44678
~~equal to the following product:~~	44679

~~(a) The difference of (i) the amounts calculated under~~	44680
~~division (J) of this section and prescribed in division (K) of~~	44681
~~this section minus (ii) that prorated payment; times~~	44682

~~(b) 0.30 in fiscal year 2010 and 0.70 in fiscal year 2011.~~

44683

~~(3) Division (L)(2) of this section applies to each school~~	44684
~~district that meets all of the following conditions:~~	44685

~~(a) The district qualifies for the calculation of a payment~~	44686
~~under division (J) of this section because it transports students~~	44687
~~on board-owned or contractor-owned school buses.~~	44688

~~(b) The district's local wealth per pupil, calculated as~~	44689
~~prescribed in section 3317.0217 of the Revised Code, is at or~~	44690
~~below the median local wealth per pupil of all districts that~~	44691
~~qualify for calculation of a payment under division (J) of this~~	44692
~~section.~~	44693

~~(c) The district's rider density is at or below the median~~	44694
~~rider density of all districts that qualify for calculation of a~~	44695
~~payment under division (J) of this section.~~	44696

Sec. 3317.03. ~~The information certified and verified under~~	44697
~~this section shall be used to calculate payments under this~~	44698
~~chapter and Chapter 3306. of the Revised Code.~~	44699

(A) The superintendent of each city, local, and exempted	44700
village school district and of each educational service center	44701
shall, for the schools under the superintendent's supervision,	44702
certify to the state board of education on or before the fifteenth	44703
day of October in each year for the first full school week in	44704
October the average daily membership of students receiving	44705
services from schools under the superintendent's supervision, and	44706
the numbers of other students entitled to attend school in the	44707
district under section 3313.64 or 3313.65 of the Revised Code the	44708
superintendent is required to report under this section, so that	44709
the department of education can calculate the district's formula	44710
ADM. If a school under the superintendent's supervision is closed	44711
for one or more days during that week due to hazardous weather	44712
conditions or other circumstances described in the first paragraph	44713
of division (B) of section 3317.01 of the Revised Code, the	44714
superintendent may apply to the superintendent of public	44715
instruction for a waiver, under which the superintendent of public	44716
instruction may exempt the district superintendent from certifying	44717
the average daily membership for that school for that week and	44718
specify an alternate week for certifying the average daily	44719
membership of that school.	44720

The average daily membership during such week shall consist	44721
of the sum of the following:	44722

(1) On an FTE basis, the number of students in grades	44723
kindergarten through twelve receiving any educational services	44724
from the district, except that the following categories of	44725
students shall not be included in the determination:	44726

(a) Students enrolled in adult education classes;

44727

(b) Adjacent or other district students enrolled in the	44728
district under an open enrollment policy pursuant to section	44729
3313.98 of the Revised Code;	44730

(c) Students receiving services in the district pursuant to a	44731
compact, cooperative education agreement, or a contract, but who	44732
are entitled to attend school in another district pursuant to	44733
section 3313.64 or 3313.65 of the Revised Code;	44734

(d) Students for whom tuition is payable pursuant to sections	44735
3317.081 and 3323.141 of the Revised Code;	44736

(e) Students receiving services in the district through a	44737
scholarship awarded under section 3310.41 of the Revised Code.	44738

(2) On an FTE basis, the number of students entitled to	44739
attend school in the district pursuant to section 3313.64 or	44740
3313.65 of the Revised Code, but receiving educational services in	44741
grades kindergarten through twelve from one or more of the	44742
following entities:	44743

(a) A community school pursuant to Chapter 3314. of the	44744
Revised Code, including any participation in a college pursuant to	44745
Chapter 3365. of the Revised Code while enrolled in such community	44746
school;	44747

(b) An alternative school pursuant to sections 3313.974 to	44748
3313.979 of the Revised Code as described in division (I)(2)(a) or	44749
(b) of this section;	44750

(c) A college pursuant to Chapter 3365. of the Revised Code,	44751
except when the student is enrolled in the college while also	44752
enrolled in a community school pursuant to Chapter 3314. or a	44753
science, technology, engineering, and mathematics school	44754
established under Chapter 3326. of the Revised Code;	44755

(d) An adjacent or other school district under an open	44756
enrollment policy adopted pursuant to section 3313.98 of the	44757
Revised Code;	44758

(e) An educational service center or cooperative education	44759
district;	44760

(f) Another school district under a cooperative education	44761
agreement, compact, or contract;	44762

(g) A chartered nonpublic school with a scholarship paid	44763
under section 3310.08 of the Revised Code;	44764

(h) An alternative public provider or a registered private	44765
provider with a scholarship awarded under section 3310.41 of the	44766
Revised Code.	44767

As used in this section, "alternative public provider" and	44768
"registered private provider" have the same meanings as in section	44769
3310.41 of the Revised Code.	44770

(i) A science, technology, engineering, and mathematics	44771
school established under Chapter 3326. of the Revised Code,	44772
including any participation in a college pursuant to Chapter 3365.	44773
of the Revised Code while enrolled in the school.	44774

(3) The number of students enrolled in a joint vocational	44775
school district or under a vocational education compact, excluding	44776
any students entitled to attend school in the district under	44777
section 3313.64 or 3313.65 of the Revised Code who are enrolled in	44778
another school district through an open enrollment policy as	44779
reported under division (A)(2)(d) of this section and then enroll	44780
in a joint vocational school district or under a vocational	44781
education compact;	44782

(4) The number of children with disabilities, other than	44783
preschool children with disabilities, entitled to attend school in	44784
the district pursuant to section 3313.64 or 3313.65 of the Revised	44785
Code who are placed by the district with a county DD board, minus	44786
the number of such children placed with a county DD board in	44787
fiscal year 1998. If this calculation produces a negative number,	44788
the number reported under division (A)(4) of this section shall be	44789
zero.	44790

(B) To enable the department of education to obtain the data	44791
needed to complete the calculation of payments pursuant to this	44792
chapter ~~and Chapter 3306. of the Revised Code~~, in addition to the	44793
average daily membership, each superintendent shall report	44794
separately the following student counts for the same week for	44795
which average daily membership is certified:	44796

(1) The total average daily membership in regular learning	44797
day classes included in the report under division (A)(1) or (2) of	44798
this section for each of the individual grades kindergarten	44799
through twelve in schools under the superintendent's supervision;	44800

(2) The number of all preschool children with disabilities	44801
enrolled as of the first day of December in classes in the	44802
district that are eligible for approval under division (B) of	44803
section 3317.05 of the Revised Code and the number of those	44804
classes, which shall be reported not later than the fifteenth day	44805
of December, in accordance with rules adopted under that section;	44806

(3) The number of children entitled to attend school in the	44807
district pursuant to section 3313.64 or 3313.65 of the Revised	44808
Code who are:	44809

(a) Participating in a pilot project scholarship program	44810
established under sections 3313.974 to 3313.979 of the Revised	44811
Code as described in division (I)(2)(a) or (b) of this section;	44812

(b) Enrolled in a college under Chapter 3365. of the Revised	44813
Code, except when the student is enrolled in the college while	44814
also enrolled in a community school pursuant to Chapter 3314. or a	44815
science, technology, engineering, and mathematics school	44816
established under Chapter 3326. of the Revised Code;	44817

(c) Enrolled in an adjacent or other school district under	44818
section 3313.98 of the Revised Code;	44819

(d) Enrolled in a community school established under Chapter	44820
3314. of the Revised Code that is not an internet- or	44821
computer-based community school as defined in section 3314.02 of	44822
the Revised Code, including any participation in a college	44823
pursuant to Chapter 3365. of the Revised Code while enrolled in	44824
such community school;	44825

(e) Enrolled in an internet- or computer-based community	44826
school, as defined in section 3314.02 of the Revised Code,	44827
including any participation in a college pursuant to Chapter 3365.	44828
of the Revised Code while enrolled in the school;	44829

(f) Enrolled in a chartered nonpublic school with a	44830
scholarship paid under section 3310.08 of the Revised Code;	44831

(g) Enrolled in kindergarten through grade twelve in an	44832
alternative public provider or a registered private provider with	44833
a scholarship awarded under section 3310.41 of the Revised Code;	44834

(h) Enrolled as a preschool child with a disability in an	44835
alternative public provider or a registered private provider with	44836
a scholarship awarded under section 3310.41 of the Revised Code;	44837

(i) Participating in a program operated by a county DD board	44838
or a state institution;	44839

(j) Enrolled in a science, technology, engineering, and	44840
mathematics school established under Chapter 3326. of the Revised	44841
Code, including any participation in a college pursuant to Chapter	44842
3365. of the Revised Code while enrolled in the school.	44843

(4) The number of pupils enrolled in joint vocational	44844
schools;	44845

(5) The average daily membership of children with	44846
disabilities reported under division (A)(1) or (2) of this section	44847
receiving special education services for the category one	44848
disability described in division ~~(D)(1)~~(A) of section ~~3306.02~~	44849
3317.013 of the Revised Code;	44850

(6) The average daily membership of children with	44851
disabilities reported under division (A)(1) or (2) of this section	44852
receiving special education services for category two disabilities	44853
described in division ~~(D)(2)~~(B) of section ~~3306.02~~3317.013 of the	44854
Revised Code;	44855

(7) The average daily membership of children with	44856
disabilities reported under division (A)(1) or (2) of this section	44857
receiving special education services for category three	44858
disabilities described in division ~~(D)(3)~~(C) of section ~~3306.02~~	44859
3317.013 of the Revised Code;	44860

(8) The average daily membership of children with	44861
disabilities reported under division (A)(1) or (2) of this section	44862
receiving special education services for category four	44863
disabilities described in division (D)~~(4)~~ of section ~~3306.02~~	44864
3317.013 of the Revised Code;	44865

(9) The average daily membership of children with	44866
disabilities reported under division (A)(1) or (2) of this section	44867
receiving special education services for the category five	44868
disabilities described in division ~~(D)(5)~~(E) of section ~~3306.02~~	44869
3317.013 of the Revised Code;	44870

(10) The combined average daily membership of children with	44871
disabilities reported under division (A)(1) or (2) and under	44872
division (B)(3)(h) of this section receiving special education	44873
services for category six disabilities described in division	44874
~~(D)(6)~~(F) of section ~~3306.02~~3317.013 of the Revised Code,	44875
including children attending a special education program operated	44876
by an alternative public provider or a registered private provider	44877
with a scholarship awarded under section 3310.41 of the Revised	44878
Code;	44879

(11) The average daily membership of pupils reported under	44880
division (A)(1) or (2) of this section enrolled in category one	44881
vocational education programs or classes, described in division	44882
(A) of section 3317.014 of the Revised Code, operated by the	44883
school district or by another district, other than a joint	44884
vocational school district, or by an educational service center,	44885
excluding any student reported under division (B)(3)(e) of this	44886
section as enrolled in an internet- or computer-based community	44887
school, notwithstanding division (C) of section 3317.02 of the	44888
Revised Code and division (C)(3) of this section;	44889

(12) The average daily membership of pupils reported under	44890
division (A)(1) or (2) of this section enrolled in category two	44891
vocational education programs or services, described in division	44892
(B) of section 3317.014 of the Revised Code, operated by the	44893
school district or another school district, other than a joint	44894
vocational school district, or by an educational service center,	44895
excluding any student reported under division (B)(3)(e) of this	44896
section as enrolled in an internet- or computer-based community	44897
school, notwithstanding division (C) of section 3317.02 of the	44898
Revised Code and division (C)(3) of this section;	44899

Beginning with fiscal year 2010, vocational education ADM	44900
shall not be used to calculate a district's funding but shall be	44901
reported under divisions (B)(11) and (12) of this section for	44902
statistical purposes.	44903

(13) The average number of children transported by the school	44904
district on board-owned or contractor-owned and -operated buses,	44905
reported in accordance with rules adopted by the department of	44906
education;	44907

(14)(a) The number of children, other than preschool children	44908
with disabilities, the district placed with a county DD board in	44909
fiscal year 1998;	44910

(b) The number of children with disabilities, other than	44911
preschool children with disabilities, placed with a county DD	44912
board in the current fiscal year to receive special education	44913
services for the category one disability described in division	44914
~~(D)(1)~~(A) of section ~~3306.02~~3317.013 of the Revised Code;	44915

(c) The number of children with disabilities, other than	44916
preschool children with disabilities, placed with a county DD	44917
board in the current fiscal year to receive special education	44918
services for category two disabilities described in division	44919
~~(D)(2)~~(B) of section ~~3306.02~~3317.013 of the Revised Code;	44920

(d) The number of children with disabilities, other than	44921
preschool children with disabilities, placed with a county DD	44922
board in the current fiscal year to receive special education	44923
services for category three disabilities described in division	44924
~~(D)(3)~~(C) of section ~~3306.02~~3317.013 of the Revised Code;	44925

(e) The number of children with disabilities, other than	44926
preschool children with disabilities, placed with a county DD	44927
board in the current fiscal year to receive special education	44928
services for category four disabilities described in division	44929
(D)~~(4)~~ of section ~~3306.02~~3317.013 of the Revised Code;	44930

(f) The number of children with disabilities, other than	44931
preschool children with disabilities, placed with a county DD	44932
board in the current fiscal year to receive special education	44933
services for the category five disabilities described in division	44934
~~(D)(5)~~(E) of section ~~3306.02~~3317.013 of the Revised Code;	44935

(g) The number of children with disabilities, other than	44936
preschool children with disabilities, placed with a county DD	44937
board in the current fiscal year to receive special education	44938
services for category six disabilities described in division	44939
~~(D)(6)~~(F) of section ~~3306.02~~3317.013 of the Revised Code.	44940

(C)(1) The average daily membership in divisions (B)(1) to	44941
(12) of this section shall be based upon the number of full-time	44942
equivalent students. The state board of education shall adopt	44943
rules defining full-time equivalent students and for determining	44944
the average daily membership therefrom for the purposes of	44945
divisions (A), (B), and (D) of this section.	44946

(2) A student enrolled in a community school established	44947
under Chapter 3314. or a science, technology, engineering, and	44948
mathematics school established under Chapter 3326. of the Revised	44949
Code shall be counted in the formula ADM and, if applicable, the	44950
category one, two, three, four, five, or six special education ADM	44951
of the school district in which the student is entitled to attend	44952
school under section 3313.64 or 3313.65 of the Revised Code for	44953
the same proportion of the school year that the student is counted	44954
in the enrollment of the community school or the science,	44955
technology, engineering, and mathematics school for purposes of	44956
section 3314.08 or 3326.33 of the Revised Code. Notwithstanding	44957
the number of students reported pursuant to division (B)(3)(d),	44958
(e), or (j) of this section, the department may adjust the formula	44959
ADM of a school district to account for students entitled to	44960
attend school in the district under section 3313.64 or 3313.65 of	44961
the Revised Code who are enrolled in a community school or a	44962
science, technology, engineering, and mathematics school for only	44963
a portion of the school year.	44964

(3) No child shall be counted as more than a total of one	44965
child in the sum of the average daily memberships of a school	44966
district under division (A), divisions (B)(1) to (12), or division	44967
(D) of this section, except as follows:	44968

(a) A child with a disability described in ~~division (D) of~~	44969
section ~~3306.02~~3317.013 of the Revised Code may be counted both	44970
in formula ADM and in category one, two, three, four, five, or six	44971
special education ADM and, if applicable, in category one or two	44972
vocational education ADM. As provided in division (C) of section	44973
3317.02 of the Revised Code, such a child shall be counted in	44974
category one, two, three, four, five, or six special education ADM	44975
in the same proportion that the child is counted in formula ADM.	44976

(b) A child enrolled in vocational education programs or	44977
classes described in section 3317.014 of the Revised Code may be	44978
counted both in formula ADM and category one or two vocational	44979
education ADM and, if applicable, in category one, two, three,	44980
four, five, or six special education ADM. Such a child shall be	44981
counted in category one or two vocational education ADM in the	44982
same proportion as the percentage of time that the child spends in	44983
the vocational education programs or classes.	44984

(4) Based on the information reported under this section, the	44985
department of education shall determine the total student count,	44986
as defined in section 3301.011 of the Revised Code, for each	44987
school district.	44988

(D)(1) The superintendent of each joint vocational school	44989
district shall certify to the superintendent of public instruction	44990
on or before the fifteenth day of October in each year for the	44991
first full school week in October the formula ADM, for purposes of	44992
section 3318.42 of the Revised Code and for any other purpose	44993
prescribed by law for which "formula ADM" of the joint vocational	44994
district is a factor. If a school operated by the joint vocational	44995
school district is closed for one or more days during that week	44996
due to hazardous weather conditions or other circumstances	44997
described in the first paragraph of division (B) of section	44998
3317.01 of the Revised Code, the superintendent may apply to the	44999
superintendent of public instruction for a waiver, under which the	45000
superintendent of public instruction may exempt the district	45001
superintendent from certifying the formula ADM for that school for	45002
that week and specify an alternate week for certifying the formula	45003
ADM of that school.	45004

The formula ADM, except as otherwise provided in this	45005
division, shall consist of the average daily membership during	45006
such week, on an FTE basis, of the number of students receiving	45007
any educational services from the district, including students	45008
enrolled in a community school established under Chapter 3314. or	45009
a science, technology, engineering, and mathematics school	45010
established under Chapter 3326. of the Revised Code who are	45011
attending the joint vocational district under an agreement between	45012
the district board of education and the governing authority of the	45013
community school or the governing body of the science, technology,	45014
engineering, and mathematics school and are entitled to attend	45015
school in a city, local, or exempted village school district whose	45016
territory is part of the territory of the joint vocational	45017
district.	45018

The following categories of students shall not be included in	45019
the determination made under division (D)(1) of this section:	45020

(a) Students enrolled in adult education classes;

45021

(b) Adjacent or other district joint vocational students	45022
enrolled in the district under an open enrollment policy pursuant	45023
to section 3313.98 of the Revised Code;	45024

(c) Students receiving services in the district pursuant to a	45025
compact, cooperative education agreement, or a contract, but who	45026
are entitled to attend school in a city, local, or exempted	45027
village school district whose territory is not part of the	45028
territory of the joint vocational district;	45029

(d) Students for whom tuition is payable pursuant to sections	45030
3317.081 and 3323.141 of the Revised Code.	45031

(2) InTo enable the department of education to obtain the	45032
data needed to complete the calculation of payments pursuant to	45033
this chapter, in addition to the formula ADM, each superintendent	45034
shall report separately the average daily membership included in	45035
the report under division (D)(1) of this section for each of the	45036
following categories of students for the same week for which	45037
formula ADM is certified:	45038

(a) Students enrolled in each individual grade included in	45039
the joint vocational district schools;	45040

(b) Children with disabilities receiving special education	45041
services for the category one disability described in division	45042
~~(D)(1)~~(A) of section ~~3306.02~~3317.013 of the Revised Code;	45043

(c) Children with disabilities receiving special education	45044
services for the category two disabilities described in division	45045
~~(D)(2)~~(B) of section ~~3306.02~~3317.013 of the Revised Code;	45046

(d) Children with disabilities receiving special education	45047
services for category three disabilities described in division	45048
~~(D)(3)~~(C) of section ~~3306.02~~3317.013 of the Revised Code;	45049

(e) Children with disabilities receiving special education	45050
services for category four disabilities described in division	45051
(D)~~(4)~~ of section ~~3306.02~~3317.013 of the Revised Code;	45052

(f) Children with disabilities receiving special education	45053
services for the category five disabilities described in division	45054
~~(D)(5)~~(E) of section ~~3306.02~~3317.013 of the Revised Code;	45055

(g) Children with disabilities receiving special education	45056
services for category six disabilities described in division	45057
~~(D)(6)~~(F) of section ~~3306.02~~3317.013 of the Revised Code;	45058

(h) Students receiving category one vocational education	45059
services, described in division (A) of section 3317.014 of the	45060
Revised Code;	45061

(i) Students receiving category two vocational education	45062
services, described in division (B) of section 3317.014 of the	45063
Revised Code.	45064

The superintendent of each joint vocational school district	45065
shall also indicate the city, local, or exempted village school	45066
district in which each joint vocational district pupil is entitled	45067
to attend school pursuant to section 3313.64 or 3313.65 of the	45068
Revised Code.	45069

(E) In each school of each city, local, exempted village,	45070
joint vocational, and cooperative education school district there	45071
shall be maintained a record of school membership, which record	45072
shall accurately show, for each day the school is in session, the	45073
actual membership enrolled in regular day classes. For the purpose	45074
of determining average daily membership, the membership figure of	45075
any school shall not include any pupils except those pupils	45076
described by division (A) of this section. The record of	45077
membership for each school shall be maintained in such manner that	45078
no pupil shall be counted as in membership prior to the actual	45079
date of entry in the school and also in such manner that where for	45080
any cause a pupil permanently withdraws from the school that pupil	45081
shall not be counted as in membership from and after the date of	45082
such withdrawal. There shall not be included in the membership of	45083
any school any of the following:	45084

(1) Any pupil who has graduated from the twelfth grade of a	45085
public or nonpublic high school;	45086

(2) Any pupil who is not a resident of the state;

45087

(3) Any pupil who was enrolled in the schools of the district	45088
during the previous school year when assessments were administered	45089
under section 3301.0711 of the Revised Code but did not take one	45090
or more of the assessments required by that section and was not	45091
excused pursuant to division (C)(1) or (3) of that section;	45092

(4) Any pupil who has attained the age of twenty-two years,	45093
except for veterans of the armed services whose attendance was	45094
interrupted before completing the recognized twelve-year course of	45095
the public schools by reason of induction or enlistment in the	45096
armed forces and who apply for reenrollment in the public school	45097
system of their residence not later than four years after	45098
termination of war or their honorable discharge.	45099

If, however, any veteran described by division (E)(4) of this	45100
section elects to enroll in special courses organized for veterans	45101
for whom tuition is paid under the provisions of federal laws, or	45102
otherwise, that veteran shall not be included in average daily	45103
membership.	45104

Notwithstanding division (E)(3) of this section, the	45105
membership of any school may include a pupil who did not take an	45106
assessment required by section 3301.0711 of the Revised Code if	45107
the superintendent of public instruction grants a waiver from the	45108
requirement to take the assessment to the specific pupil and a	45109
parent is not paying tuition for the pupil pursuant to section	45110
3313.6410 of the Revised Code. The superintendent may grant such a	45111
waiver only for good cause in accordance with rules adopted by the	45112
state board of education.	45113

Except as provided in divisions (B)(2) and (F) of this	45114
section, the average daily membership figure of any local, city,	45115
exempted village, or joint vocational school district shall be	45116
determined by dividing the figure representing the sum of the	45117
number of pupils enrolled during each day the school of attendance	45118
is actually open for instruction during the week for which the	45119
average daily membership is being certified by the total number of	45120
days the school was actually open for instruction during that	45121
week. For purposes of state funding, "enrolled" persons are only	45122
those pupils who are attending school, those who have attended	45123
school during the current school year and are absent for	45124
authorized reasons, and those children with disabilities currently	45125
receiving home instruction.	45126

The average daily membership figure of any cooperative	45127
education school district shall be determined in accordance with	45128
rules adopted by the state board of education.	45129

(F)(1) If the formula ADM for the first full school week in	45130
February is at least three per cent greater than that certified	45131
for the first full school week in the preceding October, the	45132
superintendent of schools of any city, exempted village, or joint	45133
vocational school district or educational service center shall	45134
certify such increase to the superintendent of public instruction.	45135
Such certification shall be submitted no later than the fifteenth	45136
day of February. For the balance of the fiscal year, beginning	45137
with the February payments, the superintendent of public	45138
instruction shall use the increased formula ADM in calculating or	45139
recalculating the amounts to be allocated in accordance with	45140
section 3317.022 or 3317.16 of the Revised Code. In no event shall	45141
the superintendent use an increased membership certified to the	45142
superintendent after the fifteenth day of February. Division	45143
(F)(1) of this section does not apply after fiscal year 2006.	45144

(2) If on the first school day of April the total number of	45145
classes or units for preschool children with disabilities that are	45146
eligible for approval under division (B) of section 3317.05 of the	45147
Revised Code exceeds the number of units that have been approved	45148
for the year under that division, the superintendent of schools of	45149
any city, exempted village, or cooperative education school	45150
district or educational service center shall make the	45151
certifications required by this section for that day. If the	45152
department determines additional units can be approved for the	45153
fiscal year within any limitations set forth in the acts	45154
appropriating moneys for the funding of such units, the department	45155
shall approve additional units for the fiscal year on the basis of	45156
such average daily membership. For each unit so approved, the	45157
department shall pay an amount computed in the manner prescribed	45158
in section 3317.052 or 3317.19 and section 3317.053 of the Revised	45159
Code.	45160

(3) If a student attending a community school under Chapter	45161
3314. or a science, technology, engineering, and mathematics	45162
school established under Chapter 3326. of the Revised Code is not	45163
included in the formula ADM certified for the school district in	45164
which the student is entitled to attend school under section	45165
3313.64 or 3313.65 of the Revised Code, the department of	45166
education shall adjust the formula ADM of that school district to	45167
include the student in accordance with division (C)(2) of this	45168
section, and shall recalculate the school district's payments	45169
under this chapter ~~and Chapter 3306. of the Revised Code~~ for the	45170
entire fiscal year on the basis of that adjusted formula ADM. This	45171
requirement applies regardless of whether the student was	45172
enrolled, as defined in division (E) of this section, in the	45173
community school or the science, technology, engineering, and	45174
mathematics school during the week for which the formula ADM is	45175
being certified.	45176

(4) If a student awarded an educational choice scholarship is	45177
not included in the formula ADM of the school district from which	45178
the department deducts funds for the scholarship under section	45179
3310.08 of the Revised Code, the department shall adjust the	45180
formula ADM of that school district to include the student to the	45181
extent necessary to account for the deduction, and shall	45182
recalculate the school district's payments under this chapter ~~and~~	45183
~~Chapter 3306. of the Revised Code~~ for the entire fiscal year on	45184
the basis of that adjusted formula ADM. This requirement applies	45185
regardless of whether the student was enrolled, as defined in	45186
division (E) of this section, in the chartered nonpublic school,	45187
the school district, or a community school during the week for	45188
which the formula ADM is being certified.	45189

(G)(1)(a) The superintendent of an institution operating a	45190
special education program pursuant to section 3323.091 of the	45191
Revised Code shall, for the programs under such superintendent's	45192
supervision, certify to the state board of education, in the	45193
manner prescribed by the superintendent of public instruction,	45194
both of the following:	45195

(i) The average daily membership of all children with	45196
disabilities other than preschool children with disabilities	45197
receiving services at the institution for each category of	45198
disability described in divisions ~~(D)(1) to (6)~~(A) to (F) of	45199
section ~~3306.02~~3317.013 of the Revised Code;	45200

(ii) The average daily membership of all preschool children	45201
with disabilities in classes or programs approved annually by the	45202
department of education for unit funding under section 3317.05 of	45203
the Revised Code.	45204

(b) The superintendent of an institution with vocational	45205
education units approved under division (A) of section 3317.05 of	45206
the Revised Code shall, for the units under the superintendent's	45207
supervision, certify to the state board of education the average	45208
daily membership in those units, in the manner prescribed by the	45209
superintendent of public instruction.	45210

(2) The superintendent of each county DD board that maintains	45211
special education classes under section 3317.20 of the Revised	45212
Code or units approved pursuant to section 3317.05 of the Revised	45213
Code shall do both of the following:	45214

(a) Certify to the state board, in the manner prescribed by	45215
the board, the average daily membership in classes under section	45216
3317.20 of the Revised Code for each school district that has	45217
placed children in the classes;	45218

(b) Certify to the state board, in the manner prescribed by	45219
the board, the number of all preschool children with disabilities	45220
enrolled as of the first day of December in classes eligible for	45221
approval under division (B) of section 3317.05 of the Revised	45222
Code, and the number of those classes.	45223

(3)(a) If on the first school day of April the number of	45224
classes or units maintained for preschool children with	45225
disabilities by the county DD board that are eligible for approval	45226
under division (B) of section 3317.05 of the Revised Code is	45227
greater than the number of units approved for the year under that	45228
division, the superintendent shall make the certification required	45229
by this section for that day.	45230

(b) If the department determines that additional classes or	45231
units can be approved for the fiscal year within any limitations	45232
set forth in the acts appropriating moneys for the funding of the	45233
classes and units described in division (G)(3)(a) of this section,	45234
the department shall approve and fund additional units for the	45235
fiscal year on the basis of such average daily membership. For	45236
each unit so approved, the department shall pay an amount computed	45237
in the manner prescribed in sections 3317.052 and 3317.053 of the	45238
Revised Code.	45239

(H) Except as provided in division (I) of this section, when	45240
any city, local, or exempted village school district provides	45241
instruction for a nonresident pupil whose attendance is	45242
unauthorized attendance as defined in section 3327.06 of the	45243
Revised Code, that pupil's membership shall not be included in	45244
that district's membership figure used in the calculation of that	45245
district's formula ADM or included in the determination of any	45246
unit approved for the district under section 3317.05 of the	45247
Revised Code. The reporting official shall report separately the	45248
average daily membership of all pupils whose attendance in the	45249
district is unauthorized attendance, and the membership of each	45250
such pupil shall be credited to the school district in which the	45251
pupil is entitled to attend school under division (B) of section	45252
3313.64 or section 3313.65 of the Revised Code as determined by	45253
the department of education.	45254

(I)(1) A city, local, exempted village, or joint vocational	45255
school district admitting a scholarship student of a pilot project	45256
district pursuant to division (C) of section 3313.976 of the	45257
Revised Code may count such student in its average daily	45258
membership.	45259

(2) In any year for which funds are appropriated for pilot	45260
project scholarship programs, a school district implementing a	45261
state-sponsored pilot project scholarship program that year	45262
pursuant to sections 3313.974 to 3313.979 of the Revised Code may	45263
count in average daily membership:	45264

(a) All children residing in the district and utilizing a	45265
scholarship to attend kindergarten in any alternative school, as	45266
defined in section 3313.974 of the Revised Code;	45267

(b) All children who were enrolled in the district in the	45268
preceding year who are utilizing a scholarship to attend ~~any such~~	45269
an alternative school.	45270

(J) The superintendent of each cooperative education school	45271
district shall certify to the superintendent of public	45272
instruction, in a manner prescribed by the state board of	45273
education, the applicable average daily memberships for all	45274
students in the cooperative education district, also indicating	45275
the city, local, or exempted village district where each pupil is	45276
entitled to attend school under section 3313.64 or 3313.65 of the	45277
Revised Code.	45278

(K) If the superintendent of public instruction determines	45279
that a component of the average daily membership certified or	45280
reported by a district superintendent, or other reporting entity,	45281
is not correct, the superintendent of public instruction may order	45282
that the formula ADM used for the purposes of payments under any	45283
section of Title XXXIII of the Revised Code be adjusted in the	45284
amount of the error.	45285

Sec. 3317.031. A membership record shall be kept by grade	45286
level in each city, local, exempted village, joint vocational, and	45287
cooperative education school district and such a record shall be	45288
kept by grade level in each educational service center that	45289
provides academic instruction to pupils, classes for pupils with	45290
disabilities, or any other direct instructional services to	45291
pupils. Such membership record shall show the following	45292
information for each pupil enrolled: Name, date of birth, name of	45293
parent, date entered school, date withdrawn from school, days	45294
present, days absent, and the number of days school was open for	45295
instruction while the pupil was enrolled. At the end of the school	45296
year this membership record shall show the total days present, the	45297
total days absent, and the total days due for all pupils in each	45298
grade. Such membership record shall show the pupils that are	45299
transported to and from school and it shall also show the pupils	45300
that are transported living within one mile of the school	45301
attended. This membership record shall also show any other	45302
information prescribed by the state board of education.	45303

This membership record shall be kept intact for at least five	45304
years and shall be made available to the state board of education	45305
or its representative in making an audit of the average daily	45306
membership or the transportation of the district or educational	45307
service center. ~~The membership records of local school districts~~	45308
~~shall be filed at the close of each school year in the office of~~	45309
~~the educational service center superintendent.~~	45310

The state board of education may withhold any money due any	45311
school district or educational service center under this chapter	45312
~~and Chapter 3306. of the Revised Code~~ until it has satisfactory	45313
evidence that the board of education or educational service center	45314
governing board has fully complied with all of the provisions of	45315
this section.	45316

Nothing in this section shall require any person to release,	45317
or to permit access to, public school records in violation of	45318
section 3319.321 of the Revised Code.	45319

Sec. 3317.05. (A) For the purpose of calculating payments	45320
under sections 3317.052 and 3317.053 of the Revised Code, the	45321
department of education shall determine for each institution, by	45322
the last day of January of each year and based on information	45323
certified under section 3317.03 of the Revised Code, the number of	45324
vocational education units or fractions of units approved by the	45325
department on the basis of standards and rules adopted by the	45326
state board of education. As used in this division, "institution"	45327
means an institution operated by a department specified in section	45328
3323.091 of the Revised Code and that provides vocational	45329
education programs under the supervision of the division of	45330
vocational education of the department that meet the standards and	45331
rules for these programs, including licensure of professional	45332
staff involved in the programs, as established by the state board.	45333

(B) For the purpose of calculating payments under sections	45334
3317.052, 3317.053, 3317.11, and 3317.19 of the Revised Code, the	45335
department shall determine, based on information certified under	45336
section 3317.03 of the Revised Code, the following by the last day	45337
of January of each year for each educational service center, for	45338
each school district, including each cooperative education school	45339
district, for each institution eligible for payment under section	45340
3323.091 of the Revised Code, and for each county DD board: the	45341
number of classes operated by the school district, service center,	45342
institution, or county DD board for preschool children with	45343
disabilities, or fraction thereof, including in the case of a	45344
district or service center that is a funding agent, classes taught	45345
by a licensed teacher employed by that district or service center	45346
under section 3313.841 of the Revised Code, approved annually by	45347
the department on the basis of standards and rules adopted by the	45348
state board.	45349

(C) For the purpose of calculating payments under sections	45350
3317.052, 3317.053, 3317.11, and 3317.19 of the Revised Code, the	45351
department shall determine, based on information certified under	45352
section 3317.03 of the Revised Code, the following by the last day	45353
of January of each year for each school district, including each	45354
cooperative education school district, for each institution	45355
eligible for payment under section 3323.091 of the Revised Code,	45356
and for each county DD board: the number of units for related	45357
services, as defined in section 3323.01 of the Revised Code, for	45358
preschool children with disabilities approved annually by the	45359
department on the basis of standards and rules adopted by the	45360
state board.	45361

(D) All of the arithmetical calculations made under this	45362
section shall be carried to the second decimal place. The total	45363
number of units for school districts, service centers, and	45364
institutions approved annually under this section shall not exceed	45365
the number of units included in the estimate of cost for these	45366
units and appropriations made for them by the general assembly.	45367

In the case of units for preschool children with disabilities	45368
described in division (B) of this section, the department shall	45369
approve only preschool units for children who are under age six on	45370
the thirtieth day of September of the academic year, or on the	45371
first day of August of the academic year if the school district in	45372
which the child is enrolled has adopted a resolution under	45373
division (A)(3) of section 3321.01 of the Revised Code, but not	45374
less than age three on the first day of December of the academic	45375
year, except that such a unit may include one or more children who	45376
are under age three or are age six or over on the applicable date,	45377
as reported under division (B)(2) or (G)(2)(b) of section 3317.03	45378
of the Revised Code, if such children have been admitted to the	45379
unit pursuant to rules of the state board. The number of units for	45380
county DD boards and institutions eligible for payment under	45381
section 3323.091 of the Revised Code approved under this section	45382
shall not exceed the number that can be funded with appropriations	45383
made for such purposes by the general assembly.	45384

No unit shall be approved under divisions (B) and (C) of this	45385
section unless a plan has been submitted and approved under	45386
Chapter 3323. of the Revised Code.	45387

~~(E) The department shall approve units or fractions thereof~~	45388
~~for gifted children on the basis of standards and rules adopted by~~	45389
~~the state board.~~	45390

Sec. 3317.051. ~~(A)(1) Notwithstanding sections 3317.05 and~~	45391
~~3317.11 of the Revised Code, a unit funded pursuant to division~~	45392
~~(L) of section 3317.024 or division (A)(2) of section 3317.052 of~~	45393
~~the Revised Code shall not be approved for state funding in one~~	45394
~~school district, including any cooperative education school~~	45395
~~district or any educational service center, to the extent that~~	45396
~~such unit provides programs in or services to another district~~	45397
~~which receives payment pursuant to section 3317.04 of the Revised~~	45398
~~Code.~~	45399

~~(2)~~ Any city, local, exempted village, or cooperative	45400
education school district or any educational service center may	45401
combine partial unit eligibility for programs for preschool	45402
children with disabilities pursuant to section 3317.05 of the	45403
Revised Code, and such combined partial units may be approved for	45404
state funding in one school district or service center.	45405

~~(B) After units have been initially approved for any fiscal~~	45406
~~year under section 3317.05 of the Revised Code, no unit shall be~~	45407
~~subsequently transferred from a school district or educational~~	45408
~~service center to another city, exempted village, local, or~~	45409
~~cooperative education school district or educational service~~	45410
~~center or to an institution or county DD board solely for the~~	45411
~~purpose of reducing the financial obligations of the school~~	45412
~~district in a fiscal year it receives payment pursuant to section~~	45413
~~3317.04 of the Revised Code.~~	45414

Sec. 3317.053. (A) As used in this section:

45415

(1) "State share percentage" has the same meaning as in	45416
section 3317.022 of the Revised Code.	45417

(2) "Dollar amount" means the amount shown in the following	45418
table for the corresponding type of unit:	45419

TYPE OF UNIT	DOLLAR AMOUNT	45420
Division (B) of section 3317.05		45421
of the Revised Code	$8,334	45422
Division (C) of that section	$3,234	45423
~~Division (E) of that section~~	~~$5,550~~	45424

(3) "Average unit amount" means the amount shown in the	45425
following table for the corresponding type of unit:	45426

TYPE OF UNIT	AVERAGE UNIT AMOUNT	45427
Division (B) of section 3317.05		45428
of the Revised Code	$7,799	45429
Division (C) of that section	$2,966	45430
~~Division (E) of that section~~	~~$5,251~~	45431

(B) In the case of each unit described in division (B),or	45432
(C)~~, or (E)~~ of section 3317.05 of the Revised Code and allocated	45433
to a city, local, or exempted village school district, the	45434
department of education, in addition to the amounts specified in	45435
~~division (L) of section 3317.024 and~~ sections 3317.052 and 3317.19	45436
of the Revised Code, shall pay a supplemental unit allowance equal	45437
to the sum of the following amounts:	45438

(1) An amount equal to 50% of the average unit amount for the	45439
unit;	45440

(2) An amount equal to the percentage of the dollar amount	45441
for the unit that equals the district's state share percentage.	45442

If, prior to the fifteenth day of May of a fiscal year, a	45443
school district's aid computed under section 3317.022 of the	45444
Revised Code is recomputed pursuant to section 3317.027 or	45445
3317.028 of the Revised Code, the department shall also recompute	45446
the district's entitlement to payment under this section utilizing	45447
a new state share percentage. Such new state share percentage	45448
shall be determined using the district's recomputed basic aid	45449
amount pursuant to section 3317.027 or 3317.028 of the Revised	45450
Code. During the last six months of the fiscal year, the	45451
department shall pay the district a sum equal to one-half of the	45452
recomputed payment in lieu of one-half the payment otherwise	45453
calculated under this section.	45454

(C)(1) In the case of each unit allocated to an institution	45455
pursuant to division (A) of section 3317.05 of the Revised Code,	45456
the department, in addition to the amount specified in section	45457
3317.052 of the Revised Code, shall pay a supplemental unit	45458
allowance of $7,227.	45459

(2) In the case of each unit described in division (B) of	45460
section 3317.05 of the Revised Code that is allocated to any	45461
entity other than a city, exempted village, or local school	45462
district, the department, in addition to the amount specified in	45463
section 3317.052 of the Revised Code, shall pay a supplemental	45464
unit allowance of $7,799.	45465

(3) In the case of each unit described in division (C) of	45466
section 3317.05 of the Revised Code and allocated to any entity	45467
other than a city, exempted village, or local school district, the	45468
department, in addition to the amounts specified in section	45469
3317.052 of the Revised Code, shall pay a supplemental unit	45470
allowance of $2,966.	45471

~~(4) In the case of each unit described in division (E) of~~	45472
~~section 3317.05 of the Revised Code and allocated to an~~	45473
~~educational service center, the department, in addition to the~~	45474
~~amounts specified in division (L) of section 3317.024 of the~~	45475
~~Revised Code, shall pay a supplemental unit allowance of $5,251.~~	45476

Sec. 3317.06. Moneys paid to school districts under division	45477
~~(I)~~(E) of section 3317.024 of the Revised Code shall be used for	45478
the following independent and fully severable purposes:	45479

(A) To purchase such secular textbooks or electronic	45480
textbooks as have been approved by the superintendent of public	45481
instruction for use in public schools in the state and to loan	45482
such textbooks or electronic textbooks to pupils attending	45483
nonpublic schools within the district or to their parents and to	45484
hire clerical personnel to administer such lending program. Such	45485
loans shall be based upon individual requests submitted by such	45486
nonpublic school pupils or parents. Such requests shall be	45487
submitted to the school district in which the nonpublic school is	45488
located. Such individual requests for the loan of textbooks or	45489
electronic textbooks shall, for administrative convenience, be	45490
submitted by the nonpublic school pupil or the pupil's parent to	45491
the nonpublic school, which shall prepare and submit collective	45492
summaries of the individual requests to the school district. As	45493
used in this section:	45494

(1) "Textbook" means any book or book substitute that a pupil	45495
uses as a consumable or nonconsumable text, text substitute, or	45496
text supplement in a particular class or program in the school the	45497
pupil regularly attends.	45498

(2) "Electronic textbook" means computer software,	45499
interactive videodisc, magnetic media, CD-ROM, computer	45500
courseware, local and remote computer assisted instruction,	45501
on-line service, electronic medium, or other means of conveying	45502
information to the student or otherwise contributing to the	45503
learning process through electronic means.	45504

(B) To provide speech and hearing diagnostic services to	45505
pupils attending nonpublic schools within the district. Such	45506
service shall be provided in the nonpublic school attended by the	45507
pupil receiving the service.	45508

(C) To provide physician, nursing, dental, and optometric	45509
services to pupils attending nonpublic schools within the	45510
district. Such services shall be provided in the school attended	45511
by the nonpublic school pupil receiving the service.	45512

(D) To provide diagnostic psychological services to pupils	45513
attending nonpublic schools within the district. Such services	45514
shall be provided in the school attended by the pupil receiving	45515
the service.	45516

(E) To provide therapeutic psychological and speech and	45517
hearing services to pupils attending nonpublic schools within the	45518
district. Such services shall be provided in the public school, in	45519
nonpublic schools, in public centers, or in mobile units located	45520
on or off of the nonpublic premises. If such services are provided	45521
in the public school or in public centers, transportation to and	45522
from such facilities shall be provided by the school district in	45523
which the nonpublic school is located.	45524

(F) To provide guidance, counseling, and social work services	45525
to pupils attending nonpublic schools within the district. Such	45526
services shall be provided in the public school, in nonpublic	45527
schools, in public centers, or in mobile units located on or off	45528
of the nonpublic premises. If such services are provided in the	45529
public school or in public centers, transportation to and from	45530
such facilities shall be provided by the school district in which	45531
the nonpublic school is located.	45532

(G) To provide remedial services to pupils attending	45533
nonpublic schools within the district. Such services shall be	45534
provided in the public school, in nonpublic schools, in public	45535
centers, or in mobile units located on or off of the nonpublic	45536
premises. If such services are provided in the public school or in	45537
public centers, transportation to and from such facilities shall	45538
be provided by the school district in which the nonpublic school	45539
is located.	45540

(H) To supply for use by pupils attending nonpublic schools	45541
within the district such standardized tests and scoring services	45542
as are in use in the public schools of the state;	45543

(I) To provide programs for children who attend nonpublic	45544
schools within the district and are children with disabilities as	45545
defined in section 3323.01 of the Revised Code or gifted children.	45546
Such programs shall be provided in the public school, in nonpublic	45547
schools, in public centers, or in mobile units located on or off	45548
of the nonpublic premises. If such programs are provided in the	45549
public school or in public centers, transportation to and from	45550
such facilities shall be provided by the school district in which	45551
the nonpublic school is located.	45552

(J) To hire clerical personnel to assist in the	45553
administration of programs pursuant to divisions (B), (C), (D),	45554
(E), (F), (G), and (I) of this section and to hire supervisory	45555
personnel to supervise the providing of services and textbooks	45556
pursuant to this section.	45557

(K) To purchase or lease any secular, neutral, and	45558
nonideological computer software (including site-licensing),	45559
prerecorded video laserdiscs, digital video on demand (DVD),	45560
compact discs, and video cassette cartridges, wide area	45561
connectivity and related technology as it relates to internet	45562
access, mathematics or science equipment and materials,	45563
instructional materials, and school library materials that are in	45564
general use in the public schools of the state and loan such items	45565
to pupils attending nonpublic schools within the district or to	45566
their parents, and to hire clerical personnel to administer the	45567
lending program. Only such items that are incapable of diversion	45568
to religious use and that are susceptible of loan to individual	45569
pupils and are furnished for the use of individual pupils shall be	45570
purchased and loaned under this division. As used in this section,	45571
"instructional materials" means prepared learning materials that	45572
are secular, neutral, and nonideological in character and are of	45573
benefit to the instruction of school children, and may include	45574
educational resources and services developed by the eTech Ohio	45575
commission.	45576

(L) To purchase or lease instructional equipment, including	45577
computer hardware and related equipment in general use in the	45578
public schools of the state, for use by pupils attending nonpublic	45579
schools within the district and to loan such items to pupils	45580
attending nonpublic schools within the district or to their	45581
parents, and to hire clerical personnel to administer the lending	45582
program.	45583

(M) To purchase mobile units to be used for the provision of	45584
services pursuant to divisions (E), (F), (G), and (I) of this	45585
section and to pay for necessary repairs and operating costs	45586
associated with these units.	45587

(N) To reimburse costs the district incurred to store the	45588
records of a chartered nonpublic school that closes.	45589
Reimbursements under this division shall be made one time only for	45590
each chartered nonpublic school that closes.	45591

Clerical and supervisory personnel hired pursuant to division	45592
(J) of this section shall perform their services in the public	45593
schools, in nonpublic schools, public centers, or mobile units	45594
where the services are provided to the nonpublic school pupil,	45595
except that such personnel may accompany pupils to and from the	45596
service sites when necessary to ensure the safety of the children	45597
receiving the services.	45598

All services provided pursuant to this section may be	45599
provided under contract with educational service centers, the	45600
department of health, city or general health districts, or private	45601
agencies whose personnel are properly licensed by an appropriate	45602
state board or agency.	45603

Transportation of pupils provided pursuant to divisions (E),	45604
(F), (G), and (I) of this section shall be provided by the school	45605
district from its general funds and not from moneys paid to it	45606
under division ~~(I)~~(E) of section 3317.024 of the Revised Code	45607
unless a special transportation request is submitted by the parent	45608
of the child receiving service pursuant to such divisions. If such	45609
an application is presented to the school district, it may pay for	45610
the transportation from moneys paid to it under division ~~(I)~~(E) of	45611
section 3317.024 of the Revised Code.	45612

No school district shall provide health or remedial services	45613
to nonpublic school pupils as authorized by this section unless	45614
such services are available to pupils attending the public schools	45615
within the district.	45616

Materials, equipment, computer hardware or software,	45617
textbooks, electronic textbooks, and health and remedial services	45618
provided for the benefit of nonpublic school pupils pursuant to	45619
this section and the admission of pupils to such nonpublic schools	45620
shall be provided without distinction as to race, creed, color, or	45621
national origin of such pupils or of their teachers.	45622

No school district shall provide services, materials, or	45623
equipment that contain religious content for use in religious	45624
courses, devotional exercises, religious training, or any other	45625
religious activity.	45626

As used in this section, "parent" includes a person standing	45627
in loco parentis to a child.	45628

Notwithstanding section 3317.01 of the Revised Code, payments	45629
shall be made under this section to any city, local, or exempted	45630
village school district within which is located one or more	45631
nonpublic elementary or high schools and any payments made to	45632
school districts under division ~~(I)~~(E) of section 3317.024 of the	45633
Revised Code for purposes of this section may be disbursed without	45634
submission to and approval of the controlling board.	45635

The allocation of payments for materials, equipment,	45636
textbooks, electronic textbooks, health services, and remedial	45637
services to city, local, and exempted village school districts	45638
shall be on the basis of the state board of education's estimated	45639
annual average daily membership in nonpublic elementary and high	45640
schools located in the district.	45641

Payments made to city, local, and exempted village school	45642
districts under this section shall be equal to specific	45643
appropriations made for the purpose. All interest earned by a	45644
school district on such payments shall be used by the district for	45645
the same purposes and in the same manner as the payments may be	45646
used.	45647

The department of education shall adopt guidelines and	45648
procedures under which such programs and services shall be	45649
provided, under which districts shall be reimbursed for	45650
administrative costs incurred in providing such programs and	45651
services, and under which any unexpended balance of the amounts	45652
appropriated by the general assembly to implement this section may	45653
be transferred to the auxiliary services personnel unemployment	45654
compensation fund established pursuant to section 4141.47 of the	45655
Revised Code. The department shall also adopt guidelines and	45656
procedures limiting the purchase and loan of the items described	45657
in division (K) of this section to items that are in general use	45658
in the public schools of the state, that are incapable of	45659
diversion to religious use, and that are susceptible to individual	45660
use rather than classroom use. Within thirty days after the end of	45661
each biennium, each board of education shall remit to the	45662
department all moneys paid to it under division ~~(I)~~(E) of section	45663
3317.024 of the Revised Code and any interest earned on those	45664
moneys that are not required to pay expenses incurred under this	45665
section during the biennium for which the money was appropriated	45666
and during which the interest was earned. If a board of education	45667
subsequently determines that the remittal of moneys leaves the	45668
board with insufficient money to pay all valid expenses incurred	45669
under this section during the biennium for which the remitted	45670
money was appropriated, the board may apply to the department of	45671
education for a refund of money, not to exceed the amount of the	45672
insufficiency. If the department determines the expenses were	45673
lawfully incurred and would have been lawful expenditures of the	45674
refunded money, it shall certify its determination and the amount	45675
of the refund to be made to the director of job and family	45676
services who shall make a refund as provided in section 4141.47 of	45677
the Revised Code.	45678

Each school district shall label materials, equipment,	45679
computer hardware or software, textbooks, and electronic textbooks	45680
purchased or leased for loan to a nonpublic school under this	45681
section, acknowledging that they were purchased or leased with	45682
state funds under this section. However, a district need not label	45683
materials, equipment, computer hardware or software, textbooks, or	45684
electronic textbooks that the district determines are consumable	45685
in nature or have a value of less than two hundred dollars.	45686

Sec. 3317.061. The superintendent of each school district,	45687
including each cooperative education and joint vocational school	45688
district and the superintendent of each educational service	45689
center, shall, on forms prescribed and furnished by the state	45690
board of education, certify to the state board of education, on or	45691
before the fifteenth day of October of each year, the name of each	45692
licensed employee employed, on an annual salary, in each school	45693
under such superintendent's supervision during the first full	45694
school week of said month of October, the number of years of	45695
recognized college training such licensed employee has completed,	45696
the college degrees from a recognized college earned by such	45697
licensed employee, the type of teaching license held by such	45698
licensed employee, the number of months such licensed employee is	45699
employed in the school district, the annual salary of such	45700
licensed employee, and such other information as the state board	45701
of education may request. For the purposes of ~~Chapters 3306. and~~	45702
Chapter 3317. of the Revised Code, a licensed employee is any	45703
employee in a position that requires a license issued pursuant to	45704
sections 3319.22 to 3319.31 of the Revised Code.	45705

Pursuant to standards adopted by the state board of	45706
education, experience of vocational teachers in trade and industry	45707
shall be recognized by such board for the purpose of complying	45708
with the requirements of recognized college training provided by	45709
~~Chapters 3306. and~~Chapter 3317. of the Revised Code.	45710

Sec. 3317.07. ~~The state board of education shall establish~~	45711
~~rules for the purpose of distributing subsidies for the purchase~~	45712
~~of school buses under division (D) of section 3317.024 of the~~	45713
~~Revised Code.~~	45714

~~No school bus subsidy payments shall be paid to any district~~	45715
~~unless such district can demonstrate that pupils residing more~~	45716
~~than one mile from the school could not be transported without~~	45717
~~such additional aid.~~	45718

~~The amount paid to a county DD board for buses purchased for~~	45719
~~transportation of children in special education programs operated~~	45720
~~by the board shall be based on a per pupil allocation for eligible~~	45721
~~students.~~	45722

~~The amount paid to a school district for buses purchased for~~	45723
~~transportation of pupils with disabilities and nonpublic school~~	45724
~~pupils shall be determined by a per pupil allocation based on the~~	45725
~~number of special education and nonpublic school pupils for whom~~	45726
~~transportation is provided.~~	45727

~~The state board of education shall adopt a formula to~~	45728
~~determine the amount of payments that shall be distributed to~~	45729
~~school districts to purchase school buses for pupils other than~~	45730
~~pupils with disabilities or nonpublic school pupils.~~	45731

~~If any district or county DD board obtains bus services for~~	45732
~~pupil transportation pursuant to a contract, such district or~~	45733
~~board may use payments received under this section to defray the~~	45734
~~costs of contracting for bus services in lieu of for purchasing~~	45735
~~buses.~~	45736

If the department of education determines that a county DD	45737
board no longer needs a school bus because the board no longer	45738
transports children to a special education program operated by the	45739
board, or if the department determines that a school district no	45740
longer needs a school bus to transport pupils to a nonpublic	45741
school or special education program, the department may reassign a	45742
bus that was funded with payments provided pursuant to the version	45743
of this section in effect prior to the effective date of this	45744
amendment for the purpose of transporting such pupils. The	45745
department may reassign a bus to a county DD board or school	45746
district that transports children to a special education program	45747
designated in the children's individualized education plans, or to	45748
a school district that transports pupils to a nonpublic school,	45749
and needs an additional school bus.	45750

Sec. 3317.08. A board of education may admit to its schools	45751
a child it is not required by section 3313.64 or 3313.65 of the	45752
Revised Code to admit, if tuition is paid for the child.	45753

Unless otherwise provided by law, tuition shall be computed	45754
in accordance with this section. A district's tuition charge for a	45755
school year shall be one of the following:	45756

(A) For any child, except a preschool child with a disability	45757
described in division (B) of this section, the quotient obtained	45758
by dividing the sum of the amounts described in divisions (A)(1)	45759
and (2) of this section by the district's formula ADM.	45760

(1) The district's total taxes charged and payable for	45761
current expenses for the tax year preceding the tax year in which	45762
the school year begins as certified under division (A)(3) of	45763
section 3317.021 of the Revised Code.	45764

(2) The district's total taxes collected for current expenses	45765
under a school district income tax adopted pursuant to section	45766
5748.03 or 5748.08 of the Revised Code that are disbursed to the	45767
district during the fiscal year, excluding any income tax receipts	45768
allocated for the project cost, debt service, or maintenance	45769
set-aside associated with a state-assisted classroom facilities	45770
project as authorized by section 3318.052 of the Revised Code. On	45771
or before the first day of June of each year, the tax commissioner	45772
shall certify the amount to be used in the calculation under this	45773
division for the next fiscal year to the department of education	45774
and the office of budget and management for each city, local, and	45775
exempted village school district that levies a school district	45776
income tax.	45777

(B) For any preschool child with a disability not included in	45778
a unit approved under division (B) of section 3317.05 of the	45779
Revised Code, an amount computed for the school year as follows:	45780

(1) For each type of special education service provided to	45781
the child for whom tuition is being calculated, determine the	45782
amount of the district's operating expenses in providing that type	45783
of service to all preschool children with disabilities not	45784
included in units approved under division (B) of section 3317.05	45785
of the Revised Code;	45786

(2) For each type of special education service for which	45787
operating expenses are determined under division (B)(1) of this	45788
section, determine the amount of such operating expenses that was	45789
paid from any state funds received under this chapter;	45790

(3) For each type of special education service for which	45791
operating expenses are determined under division (B)(1) of this	45792
section, divide the difference between the amount determined under	45793
division (B)(1) of this section and the amount determined under	45794
division (B)(2) of this section by the total number of preschool	45795
children with disabilities not included in units approved under	45796
division (B) of section 3317.05 of the Revised Code who received	45797
that type of service;	45798

(4) Determine the sum of the quotients obtained under	45799
division (B)(3) of this section for all types of special education	45800
services provided to the child for whom tuition is being	45801
calculated.	45802

The state board of education shall adopt rules defining the	45803
types of special education services and specifying the operating	45804
expenses to be used in the computation under this section.	45805

If any child for whom a tuition charge is computed under this	45806
section for any school year is enrolled in a district for only	45807
part of that school year, the amount of the district's tuition	45808
charge for the child for the school year shall be computed in	45809
proportion to the number of school days the child is enrolled in	45810
the district during the school year.	45811

Except as otherwise provided in division (J) of section	45812
3313.64 of the Revised Code, whenever a district admits a child to	45813
its schools for whom tuition computed in accordance with this	45814
section is an obligation of another school district, the amount of	45815
the tuition shall be certified by the treasurer of the board of	45816
education of the district of attendance, to the board of education	45817
of the district required to pay tuition for its approval and	45818
payment. If agreement as to the amount payable or the district	45819
required to pay the tuition cannot be reached, or the board of	45820
education of the district required to pay the tuition refuses to	45821
pay that amount, the board of education of the district of	45822
attendance shall notify the superintendent of public instruction.	45823
The superintendent shall determine the correct amount and the	45824
district required to pay the tuition and shall deduct that amount,	45825
if any, under division ~~(G)~~(D) of section 3317.023 of the Revised	45826
Code, from the district required to pay the tuition and add that	45827
amount to the amount allocated to the district attended under such	45828
division. The superintendent of public instruction shall send to	45829
the district required to pay the tuition an itemized statement	45830
showing such deductions at the time of such deduction.	45831

When a political subdivision owns and operates an airport,	45832
welfare, or correctional institution or other project or facility	45833
outside its corporate limits, the territory within which the	45834
facility is located is exempt from taxation by the school district	45835
within which such territory is located, and there are school age	45836
children residing within such territory, the political subdivision	45837
owning such tax exempt territory shall pay tuition to the district	45838
in which such children attend school. The tuition for these	45839
children shall be computed as provided for in this section.	45840

Sec. 3317.081. (A) Tuition shall be computed in accordance	45841
with this section if:	45842

(1) The tuition is required by division (C)(3)(b) of section	45843
3313.64 of the Revised Code; or	45844

(2) Neither the child nor the child's parent resides in this	45845
state and tuition is required by section 3327.06 of the Revised	45846
Code.	45847

(B) Tuition computed in accordance with this section shall	45848
equal the attendance district's tuition rate computed under	45849
section 3317.08 of the Revised Code plus the amount in state	45850
education aid that district would have received for the child	45851
~~pursuant to Chapter 3306. and sections 3317.023 and 3317.025 to~~	45852
~~3317.0211~~ of the Revised Code during the school year had the	45853
attendance district been authorized to count the child in its	45854
formula ADM for that school year under section 3317.03 of the	45855
Revised Code.	45856

Sec. 3317.082. As used in this section, "institution" means	45857
a residential facility that receives and cares for children	45858
maintained by the department of youth services and that operates a	45859
school chartered by the state board of education under section	45860
3301.16 of the Revised Code.	45861

(A) On or before the thirty-first day of each January and	45862
July, the superintendent of each institution that during the	45863
six-month period immediately preceding each January or July	45864
provided an elementary or secondary education for any child, other	45865
than a child receiving special education under section 3323.091 of	45866
the Revised Code, shall prepare and submit to the department of	45867
education, a statement for each such child indicating the child's	45868
name, any school district responsible to pay tuition for the child	45869
as determined by the superintendent in accordance with division	45870
(C)(2) or (3) of section 3313.64 of the Revised Code, and the	45871
period of time during that six-month period that the child	45872
received an elementary or secondary education. If any school	45873
district is responsible to pay tuition for any such child, the	45874
department of education, no later than the immediately succeeding	45875
last day of February or August, as applicable, shall calculate the	45876
amount of the tuition of the district under section 3317.08 of the	45877
Revised Code for the period of time indicated on the statement and	45878
do one of the following:	45879

(1) If the tuition amount is equal to or less than the ~~amount~~	45880
~~of state basic aid funds payable to the district under Chapter~~	45881
~~3306. and section 3317.023 of the Revised Code~~district's state	45882
education aid, pay to the institution submitting the statement an	45883
amount equal to the tuition amount, as provided under division	45884
~~(M)~~(G) of section 3317.024 of the Revised Code, and deduct the	45885
tuition amount from the state basic aid funds payable to the	45886
district, as provided under division ~~(F)~~(C)(2) of section 3317.023	45887
of the Revised Code;	45888

(2) If the tuition amount is greater than the ~~amount of state~~	45889
~~basic aid funds payable to the district under Chapter 3306. and~~	45890
~~section 3317.023 of the Revised Code~~district's state education	45891
aid, require the district to pay to the institution submitting the	45892
statement an amount equal to the tuition amount.	45893

(B) In the case of any disagreement about the school district	45894
responsible to pay tuition for a child pursuant to this section,	45895
the superintendent of public instruction shall make the	45896
determination in any such case in accordance with division (C)(2)	45897
or (3) of section 3313.64 of the Revised Code.	45898

Sec. 3317.09. All moneys distributed to a school district,	45899
including any cooperative education or joint vocational school	45900
district and all moneys distributed to any educational service	45901
center, by the state whether from a state or federal source, shall	45902
be accounted for by the division of school finance of the	45903
department of education. All moneys distributed shall be coded as	45904
to county, school district or educational service center, source,	45905
and other pertinent information, and at the end of each month, a	45906
report of such distribution shall be made by such division of	45907
school finance to each school district and educational service	45908
center. If any board of education fails to make the report	45909
required in section 3319.33 of the Revised Code, the	45910
superintendent of public instruction shall be without authority to	45911
distribute funds to that school district or educational service	45912
center ~~pursuant to sections 3317.022 to 3317.0211, 3317.11,~~	45913
~~3317.16, 3317.17, or 3317.19 of the Revised Code~~under this	45914
chapter until such time as the required reports are filed with all	45915
specified officers, boards, or agencies.	45916

Sec. 3317.11. (A) As used in this section:

45917

(1) "Client school district" means a city or exempted village	45918
school district that has entered into an agreement under section	45919
3313.843 of the Revised Code to receive any services from an	45920
educational service center.	45921

(2) "Service center ADM" means the sum of the total student	45922
counts of all local school districts within an educational service	45923
center's territory and all of the service center's client school	45924
districts.	45925

(3) "STEM school" means a science, technology, engineering,	45926
and mathematics school established under Chapter 3326. of the	45927
Revised Code.	45928

(4) "Total student count" has the same meaning as in section	45929
3301.011 of the Revised Code.	45930

(B)(1) The governing board of each educational service center	45931
shall provide supervisory services to each local school district	45932
within the service center's territory. Each city or exempted	45933
village school district that enters into an agreement under	45934
section 3313.843 of the Revised Code for a governing board to	45935
provide any services also is considered to be provided supervisory	45936
services by the governing board. Except as provided in division	45937
(B)(2) of this section, the supervisory services shall not exceed	45938
one supervisory teacher for the first fifty classroom teachers	45939
required to be employed in the districts, as calculated in the	45940
manner prescribed under former division (B) of section 3317.023	45941
of the Revised Code, as that division existed prior to the	45942
effective date of this amendment, and one for each additional one	45943
hundred required classroom teachers, as so calculated.	45944

The supervisory services shall be financed annually through	45945
supervisory units. Except as provided in division (B)(2) of this	45946
section, the number of supervisory units assigned to each district	45947
shall not exceed one unit for the first fifty classroom teachers	45948
required to be employed in the district, as calculated in the	45949
manner prescribed under former division (B) of section 3317.023	45950
of the Revised Code, as that division existed prior to the	45951
effective date of this amendment, and one for each additional one	45952
hundred required classroom teachers, as so calculated. The cost of	45953
each supervisory unit shall be the sum of:	45954

(a) The minimum salary prescribed by section 3317.13 of the	45955
Revised Code for the licensed supervisory employee of the	45956
governing board;	45957

(b) An amount equal to fifteen per cent of ~~the~~that salary	45958
~~prescribed by section 3317.13 of the Revised Code~~;	45959

(c) An allowance for necessary travel expenses, limited to	45960
the lesser of two hundred twenty-three dollars and sixteen cents	45961
per month or two thousand six hundred seventy-eight dollars per	45962
year.	45963

(2) If a majority of the boards of education, or	45964
superintendents acting on behalf of the boards, of the local and	45965
client school districts receiving services from the educational	45966
service center agree to receive additional supervisory services	45967
and to pay the cost of a corresponding number of supervisory units	45968
in excess of the services and units specified in division (B)(1)	45969
of this section, the service center shall provide the additional	45970
services as agreed to by the majority of districts to, and the	45971
department of education shall apportion the cost of the	45972
corresponding number of additional supervisory units pursuant to	45973
division (B)(3) of this section among, all of the service center's	45974
local and client school districts.	45975

(3) The department shall apportion the total cost for all	45976
supervisory units among the service center's local and client	45977
school districts based on each district's total student count. The	45978
department shall deduct each district's apportioned share pursuant	45979
to division ~~(E)~~(B) of section 3317.023 of the Revised Code and pay	45980
the apportioned share to the service center.	45981

(C) The department annually shall deduct from each local and	45982
client school district of each educational service center,	45983
pursuant to division ~~(E)~~(B) of section 3317.023 of the Revised	45984
Code, and pay to the service center an amount equal to six dollars	45985
and fifty cents times the school district's total student count.	45986
The board of education, or the superintendent acting on behalf of	45987
the board, of any local or client school district may agree to pay	45988
an amount in excess of six dollars and fifty cents per student in	45989
total student count. If a majority of the boards of education, or	45990
superintendents acting on behalf of the boards, of the local	45991
school districts within a service center's territory approve an	45992
amount in excess of six dollars and fifty cents per student in	45993
total student count, the department shall deduct the approved	45994
excess per student amount from all of the local school districts	45995
within the service center's territory and pay the excess amount to	45996
the service center.	45997

(D) The department shall pay each educational service center	45998
the amounts due to it from school districts pursuant to contracts,	45999
compacts, or agreements under which the service center furnishes	46000
services to the districts or their students. In order to receive	46001
payment under this division, an educational service center shall	46002
furnish either a copy of the contract, compact, or agreement	46003
clearly indicating the amounts of the payments, or a written	46004
statement that clearly indicates the payments owed and is signed	46005
by the superintendent or treasurer of the responsible school	46006
district. The amounts paid to service centers under this division	46007
shall be deducted from payments to school districts pursuant to	46008
division ~~(K)~~(H)(3) of section 3317.023 of the Revised Code.	46009

(E) Each school district's deduction under this section and	46010
divisions ~~(E)~~(B) and ~~(K)~~(H)(3) of section 3317.023 of the Revised	46011
Code shall be made from the total payment computed for the	46012
district under this chapter, after making any other adjustments in	46013
that payment required by law.	46014

(F)(1) Except as provided in division (F)(2) of this section,	46015
the department annually shall pay the governing board of each	46016
educational service center state funds equal to thirty-seven	46017
dollars times its service center ADM.	46018

(2) The department annually shall pay state funds equal to	46019
forty dollars and fifty-two cents times the service center ADM to	46020
each educational service center comprising territory that was	46021
included in the territory of at least three former service centers	46022
or county school districts, which former centers or districts	46023
engaged in one or more mergers under section 3311.053 of the	46024
Revised Code to form the present center.	46025

(G) Each city, exempted village, local, joint vocational, or	46026
cooperative education school district shall pay to the governing	46027
board of an educational service center any amounts agreed to for	46028
each child enrolled in the district who receives special education	46029
and related services or career-technical education from the	46030
educational service center, unless these educational services are	46031
provided pursuant to a contract, compact, or agreement for which	46032
the department deducts and transfers payments under division (D)	46033
of this section and division ~~(K)~~(H)(3) of section 3317.023 of the	46034
Revised Code.	46035

(H) The department annually shall pay the governing board of	46036
each educational service center that has entered into a contract	46037
with a STEM school for the provision of services described in	46038
division (B) of section 3326.45 of the Revised Code state funds	46039
equal to the per-pupil amount specified in the contract for the	46040
provision of those services times the number of students enrolled	46041
in the STEM school.	46042

(I) An educational service center:

46043

(1) May provide special education and career-technical	46044
education to students in its local or client school districts;	46045

(2) Is eligible for transportation funding under division	46046
~~(G)~~(C) of section 3317.024 of the Revised Code ~~and for state~~	46047
~~subsidies for the purchase of school buses under section 3317.07~~	46048
~~of the Revised Code~~;	46049

(3) May apply for and receive gifted education units and	46050
provide gifted education services to students in its local or	46051
client school districts;	46052

(4) May conduct driver education for high school students in	46053
accordance with Chapter 4508. of the Revised Code.	46054

Sec. 3317.12. Any board of education participating in funds	46055
distributed under ~~Chapters 3306. and~~Chapter 3317. of the Revised	46056
Code shall annually adopt a salary schedule for nonteaching school	46057
employees based upon training, experience, and qualifications with	46058
initial salaries no less than the salaries in effect on October	46059
13, 1967. Each board of education shall prepare and may amend from	46060
time to time, specifications descriptive of duties,	46061
responsibilities, requirements, and desirable qualifications of	46062
the classifications of employees required to perform the duties	46063
specified in the salary schedule. All nonteaching school employees	46064
are to be notified of the position classification to which they	46065
are assigned and the salary for the classification. The	46066
compensation of all employees working for a particular school	46067
board shall be uniform for like positions except as compensation	46068
would be affected by salary increments based upon length of	46069
service.	46070

On the fifteenth day of October each year the salary schedule	46071
and the list of job classifications and salaries in effect on that	46072
date shall be filed by each board of education with the	46073
superintendent of public instruction. If such salary schedule and	46074
classification plan is not filed the superintendent of public	46075
instruction shall order the board to file such schedules	46076
forthwith. If this condition is not corrected within ten days	46077
after receipt of the order from the superintendent of public	46078
instruction, no money shall be distributed to the district under	46079
~~Chapters 3306. and~~Chapter 3317. of the Revised Code until the	46080
superintendent has satisfactory evidence of the board of	46081
education's full compliance with such order.	46082

Sec. 3317.13. ~~(A)~~This section shall not apply after the	46083
2012-2013 school year.	46084

(A) As used in this section and section 3317.14 of the	46085
Revised Code:	46086

(1) "Years of service" includes the following:

46087

(a) All years of teaching service in the same school district	46088
or educational service center, regardless of training level, with	46089
each year consisting of at least one hundred twenty days under a	46090
teacher's contract;	46091

(b) All years of teaching service in a chartered, nonpublic	46092
school located in Ohio as a teacher licensed pursuant to section	46093
3319.22 of the Revised Code or in another public school,	46094
regardless of training level, with each year consisting of at	46095
least one hundred twenty days under a teacher's contract;	46096

(c) All years of teaching service in a chartered school or	46097
institution or a school or institution that subsequently became	46098
chartered or a chartered special education program or a special	46099
education program that subsequently became chartered operated by	46100
the state or by a subdivision or other local governmental unit of	46101
this state as a teacher licensed pursuant to section 3319.22 of	46102
the Revised Code, regardless of training level, with each year	46103
consisting of at least one hundred twenty days; and	46104

(d) All years of active military service in the armed forces	46105
of the United States, as defined in section 3307.75 of the Revised	46106
Code, to a maximum of five years. For purposes of this	46107
calculation, a partial year of active military service of eight	46108
continuous months or more in the armed forces shall be counted as	46109
a full year.	46110

(2) "Teacher" means all teachers employed by the board of	46111
education of any school district, including any cooperative	46112
education or joint vocational school district and all teachers	46113
employed by any educational service center governing board.	46114

(B) No teacher shall be paid a salary less than that provided	46115
in the schedule set forth in division (C) of this section. In	46116
calculating the minimum salary any teacher shall be paid pursuant	46117
to this section, years of service shall include the sum of all	46118
years of the teacher's teaching service included in divisions	46119
(A)(1)(a), (b), (c), and (d) of this section; except that any	46120
school district or educational service center employing a teacher	46121
new to the district or educational service center shall grant such	46122
teacher a total of not more than ten years of service pursuant to	46123
divisions (A)(1)(b), (c), and (d) of this section.	46124

Upon written complaint to the superintendent of public	46125
instruction that the board of education of a district or the	46126
governing board of an educational service center governing board	46127
has failed or refused to annually adopt a salary schedule or to	46128
pay salaries in accordance with the salary schedule set forth in	46129
division (C) of this section, the superintendent of public	46130
instruction shall cause to be made an immediate investigation of	46131
such complaint. If the superintendent finds that the conditions	46132
complained of exist, the superintendent shall order the board to	46133
correct such conditions within ten days from the date of the	46134
finding. No moneys shall be distributed to the district or	46135
educational service center under this chapter until the	46136
superintendent has satisfactory evidence of the board of	46137
education's full compliance with such order.	46138

Each teacher shall be fully credited with placement in the	46139
appropriate academic training level column in the district's or	46140
educational service center's salary schedule with years of service	46141
properly credited pursuant to this section or section 3317.14 of	46142
the Revised Code. No rule shall be adopted or exercised by any	46143
board of education or educational service center governing board	46144
which restricts the placement or the crediting of annual salary	46145
increments for any teacher according to the appropriate academic	46146
training level column.	46147

(C) Minimum salaries exclusive of retirement and sick leave	46148
for teachers shall be as follows:	46149

	Teachers		Teachers with	Teachers	46150
Years	with Less	Teachers with	Five Years of	with	46151
of	than	a Bachelor's	Training, but	a Master's	46152
Service	Bachelor's	Degree	no Master's	Degree or	46153
	Degree		Degree	Higher	46154

	Per	Dollar	Per	Dollar	Per	Dollar	Per	Dollar	46155
	Cent*	Amount	Cent*	Amount	Cent*	Amount	Cent*	Amount	46156
0	86.5	$17,300	100.0	$20,000	103.8	$20,760	109.5	$21,900	46157
1	90.0	18,000	103.8	20,760	108.1	21,620	114.3	22,860	46158
2	93.5	18,700	107.6	21,520	112.4	22,480	119.1	23,820	46159
3	97.0	19,400	111.4	22,280	116.7	23,340	123.9	24,780	46160
4	100.5	20,100	115.2	23,040	121.0	24,200	128.7	25,740	46161
5	104.0	20,800	119.0	23,800	125.3	25,060	133.5	26,700	46162
6	104.0	20,800	122.8	24,560	129.6	25,920	138.3	27,660	46163
7	104.0	20,800	126.6	25,320	133.9	26,780	143.1	28,620	46164
8	104.0	20,800	130.4	26,080	138.2	27,640	147.9	29,580	46165
9	104.0	20,800	134.2	26,840	142.5	28,500	152.7	30,540	46166
10	104.0	20,800	138.0	27,600	146.8	29,360	157.5	31,500	46167
11	104.0	20,800	141.8	28,360	151.1	30,220	162.3	32,460	46168

* Percentages represent the percentage which each salary is	46169
of the base amount.	46170

For purposes of determining the minimum salary at any level	46171
of training and service, the base of one hundred per cent shall be	46172
the base amount. The percentages used in this section show the	46173
relationships between the minimum salaries required by this	46174
section and the base amount and shall not be construed as	46175
requiring any school district or educational service center to	46176
adopt a schedule containing salaries in excess of the amounts set	46177
forth in this section for corresponding levels of training and	46178
experience.	46179

As used in this division:

46180

(1) "Base amount" means twenty thousand dollars.

46181

(2) "Five years of training" means at least one hundred fifty	46182
semester hours, or the equivalent, and a bachelor's degree from a	46183
recognized college or university.	46184

(D) For purposes of this section, all credited training shall	46185
be from a recognized college or university.	46186

Sec. 3317.14. ~~Any~~This section shall not apply after the	46187
2012-2013 school year.	46188

Any school district board of education or educational service	46189
center governing board participating in funds distributed under	46190
Chapter 3317. of the Revised Code shall annually adopt a teachers'	46191
salary schedule with provision for increments based upon training	46192
and years of service. Notwithstanding sections 3317.13 and	46193
3319.088 of the Revised Code, the board may establish its own	46194
service requirements and may grant service credit for such	46195
activities as teaching in public or nonpublic schools in this	46196
state or in another state, for service as an educational assistant	46197
other than as a classroom aide employed in accordance with section	46198
5107.541 of the Revised Code, and for service in the military or	46199
in an appropriate state or federal governmental agency, provided	46200
no teacher receives less than the amount required to be paid	46201
pursuant to section 3317.13 of the Revised Code and provided full	46202
credit for a minimum of five years of actual teaching and military	46203
experience as defined in division (A) of section 3317.13 of the	46204
Revised Code is given to each teacher.	46205

On the fifteenth day of October of each year the salary	46206
schedule in effect on that date in each school district and each	46207
educational service center shall be filed with the superintendent	46208
of public instruction. A copy of such schedule shall also annually	46209
be filed by the board of education of each local school district	46210
with the educational service center superintendent, who thereupon	46211
shall certify to the treasurer of such local district the correct	46212
salary to be paid to each teacher in accordance with the adopted	46213
schedule.	46214

Each teacher who has completed training which would qualify	46215
such teacher for a higher salary bracket pursuant to this section	46216
shall file by the fifteenth day of September with the treasurer of	46217
the board of education or educational service center satisfactory	46218
evidence of the completion of such additional training. The	46219
treasurer shall then immediately place the teacher, pursuant to	46220
this section and section 3317.13 of the Revised Code, in the	46221
proper salary bracket in accordance with training and years of	46222
service before certifying such salary, training, and years of	46223
service to the superintendent of public instruction. No teacher	46224
shall be paid less than the salary to which such teacher is	46225
entitled pursuant to section 3317.13 of the Revised Code.	46226

Sec. 3317.141. (A) Beginning with the school year that	46227
begins July 1, 2013, the board of education of each city, exempted	46228
village, local, or joint vocational school district and the	46229
governing board of each educational service center annually shall	46230
adopt a salary schedule for teachers based upon performance as	46231
described in division (B) of this section.	46232

(B) For purposes of the schedule, a board shall measure a	46233
teacher's performance by considering all of the following:	46234

(1) The level of license issued under section 3319.22 of the	46235
Revised Code that the teacher holds;	46236

(2) Whether the teacher is a highly qualified teacher, as	46237
defined in section 3319.074 of the Revised Code;	46238

(3) The ratings received by the teacher on performance	46239
evaluations conducted under section 3319.111 of the Revised Code.	46240

(C) The schedule shall provide for annual adjustments based	46241
on performance on the evaluations conducted under section 3319.111	46242
of the Revised Code. The annual performance-based adjustment for a	46243
teacher rated as highly effective shall be greater than the annual	46244
performance-based adjustment for a teacher rated as effective. The	46245
annual performance-based adjustment for a teacher rated as	46246
effective shall be at least fifty per cent but not more than	46247
seventy-five per cent of the annual performance-based adjustment	46248
for a teacher rated as highly effective.	46249

(D) The salary schedule adopted under this section may	46250
provide for additional compensation for teachers who agree to	46251
perform duties, not contracted for under a supplemental contract,	46252
that the employing board determines warrant additional	46253
compensation. Those duties may include, but are not limited to,	46254
assignment to a school building eligible for funding under Title I	46255
of the "Elementary and Secondary Education Act of 1965," 20 U.S.C.	46256
6301 et seq.; assignment to a building in "school improvement"	46257
status under the "No Child Left Behind Act of 2001," as defined in	46258
section 3302.01 of the Revised Code; teaching in a grade level or	46259
subject area in which the board has determined there is a shortage	46260
within the district or service center; or assignment to a	46261
hard-to-staff school, as determined by the board.	46262

Sec. 3317.16. (A) As used in this section:

46263

(1) The "total special education weight" for a joint	46264
vocational school district shall be calculated in the same manner	46265
as prescribed in section 3317.022 of the Revised Code.	46266

(2) The "total vocational education weight" for a joint	46267
vocational school district shall be calculated in the same manner	46268
as prescribed in section 3317.022 of the Revised Code.	46269

(3) The "total recognized valuation" of a joint vocational	46270
school district shall be determined by adding the recognized	46271
valuations of all its constituent school districts that were	46272
subject to the joint vocational school district's tax levies for	46273
both the current and preceding tax years.	46274

(4) "Resident district" means the city, local, or exempted	46275
village school district in which a student is entitled to attend	46276
school under section 3313.64 or 3313.65 of the Revised Code.	46277

(5) "Community school" means a community school established	46278
under Chapter 3314. of the Revised Code.	46279

(B) The department of education shall compute and distribute	46280
state base cost funding to each joint vocational school district	46281
for the fiscal year in accordance with the following formula:	46282

(formula amount X formula ADM) -	46283

(.0005 X total recognized valuation)	46284

If the difference obtained under this division is a negative	46285
number, the district's computation shall be zero.	46286

(C)(1) The department shall compute and distribute state	46287
vocational education additional weighted costs funds to each joint	46288
vocational school district in accordance with the following	46289
formula:	46290

state share percentage X formula amount X	46291

total vocational education weight	46292

In each fiscal year, a joint vocational school district	46293
receiving funds under division (C)(1) of this section shall spend	46294
those funds only for the purposes the department designates as	46295
approved for vocational education expenses. Vocational educational	46296
expenses approved by the department shall include only expenses	46297
connected to the delivery of career-technical programming to	46298
career-technical students. The department shall require the joint	46299
vocational school district to report data annually so that the	46300
department may monitor the district's compliance with the	46301
requirements regarding the manner in which funding received under	46302
division (C)(1) of this section may be spent.	46303

(2) The department shall compute for each joint vocational	46304
school district state funds for vocational education associated	46305
services costs in accordance with the following formula:	46306

state share percentage X .05 X	46307

the formula amount X the sum of	46308

categories one and two vocational	46309

education ADM	46310

In any fiscal year, a joint vocational school district	46311
receiving funds under division (C)(2) of this section, or through	46312
a transfer of funds pursuant to division ~~(L)~~(I) of section	46313
3317.023 of the Revised Code, shall spend those funds only for the	46314
purposes that the department designates as approved for vocational	46315
education associated services expenses, which may include such	46316
purposes as apprenticeship coordinators, coordinators for other	46317
vocational education services, vocational evaluation, and other	46318
purposes designated by the department. The department may deny	46319
payment under division (C)(2) of this section to any district that	46320
the department determines is not operating those services or is	46321
using funds paid under division (C)(2) of this section, or through	46322
a transfer of funds pursuant to division ~~(L)~~(I) of section	46323
3317.023 of the Revised Code, for other purposes.	46324

(D)(1) The department shall compute and distribute state	46325
special education and related services additional weighted costs	46326
funds to each joint vocational school district in accordance with	46327
the following formula:	46328

state share percentage X formula amount X	46329

total special education weight	46330

(2)(a) As used in this division, the "personnel allowance"	46331
means thirty thousand dollars in fiscal years 2008 and 2009.	46332

(b) For the provision of speech language pathology services	46333
to students, including students who do not have individualized	46334
education programs prepared for them under Chapter 3323. of the	46335
Revised Code, and for no other purpose, the department shall pay	46336
each joint vocational school district an amount calculated under	46337
the following formula:	46338

(formula ADM divided by 2000) X the personnel	46339

allowance X state share percentage	46340

(3) In any fiscal year, a joint vocational school district	46341
shall spend for purposes that the department designates as	46342
approved for special education and related services expenses at	46343
least the amount calculated as follows:	46344

(formula amount X	46345

the sum of categories one through	46346

six special education ADM) +	46347

(total special education weight X	46348

formula amount)	46349

The purposes approved by the department for special education	46350
expenses shall include, but shall not be limited to, compliance	46351
with state rules governing the education of children with	46352
disabilities, providing services identified in a student's	46353
individualized education program as defined in section 3323.01 of	46354
the Revised Code, provision of speech language pathology services,	46355
and the portion of the district's overall administrative and	46356
overhead costs that are attributable to the district's special	46357
education student population.	46358

The department shall require joint vocational school	46359
districts to report data annually to allow for monitoring	46360
compliance with division (D)(3) of this section. The department	46361
shall annually report to the governor and the general assembly the	46362
amount of money spent by each joint vocational school district for	46363
special education and related services.	46364

(4) In any fiscal year, a joint vocational school district	46365
shall spend for the provision of speech language pathology	46366
services not less than the sum of the amount calculated under	46367
division (D)(1) of this section for the students in the district's	46368
category one special education ADM and the amount calculated under	46369
division (D)(2) of this section.	46370

(E)(1) If a joint vocational school district's costs for a	46371
fiscal year for a student in its categories two through six	46372
special education ADM exceed the threshold catastrophic cost for	46373
serving the student, as specified in division (C)(3)(b) of section	46374
3317.022 of the Revised Code, the district may submit to the	46375
superintendent of public instruction documentation, as prescribed	46376
by the superintendent, of all of its costs for that student. Upon	46377
submission of documentation for a student of the type and in the	46378
manner prescribed, the department shall pay to the district an	46379
amount equal to the sum of the following:	46380

(a) One-half of the district's costs for the student in	46381
excess of the threshold catastrophic cost;	46382

(b) The product of one-half of the district's costs for the	46383
student in excess of the threshold catastrophic cost multiplied by	46384
the district's state share percentage.	46385

(2) The district shall only report under division (E)(1) of	46386
this section, and the department shall only pay for, the costs of	46387
educational expenses and the related services provided to the	46388
student in accordance with the student's individualized education	46389
program. Any legal fees, court costs, or other costs associated	46390
with any cause of action relating to the student may not be	46391
included in the amount.	46392

(F) Each fiscal year, the department shall pay each joint	46393
vocational school district an amount for adult technical and	46394
vocational education and specialized consultants.	46395

(G)(1) A joint vocational school district's local share of	46396
special education and related services additional weighted costs	46397
equals:	46398

(1 - state share percentage) X	46399

Total special education weight X	46400

~~the formula amount~~ $5,732	46401

(2) For each student with a disability receiving special	46402
education and related services under an individualized education	46403
program, as defined in section 3323.01 of the Revised Code, at a	46404
joint vocational district, the resident district or, if the	46405
student is enrolled in a community school, the community school	46406
shall be responsible for the amount of any costs of providing	46407
those special education and related services to that student that	46408
exceed the sum of the amount calculated for those services	46409
attributable to that student under divisions (B), (D), (E), and	46410
(G)(1) of this section.	46411

Those excess costs shall be calculated by subtracting the sum	46412
of the following from the actual cost to provide special education	46413
and related services to the student:	46414

(a) The formula amount;

46415

(b) The product of ~~the formula amount~~$5,732 times the	46416
applicable multiple specified in section ~~3306.11~~3317.013 of the	46417
Revised Code as that section existed prior to the effective date	46418
of this amendment;	46419

(c) Any funds paid under division (E) of this section for the	46420
student;	46421

(d) Any other funds received by the joint vocational school	46422
district under this chapter to provide special education and	46423
related services to the student, not including the amount	46424
calculated under division (G)(2) of this section.	46425

(3) The board of education of the joint vocational school	46426
district may report the excess costs calculated under division	46427
(G)(2) of this section to the department of education.	46428

(4) If the board of education of the joint vocational school	46429
district reports excess costs under division (G)(3) of this	46430
section, the department shall pay the amount of excess cost	46431
calculated under division (G)(2) of this section to the joint	46432
vocational school district and shall deduct that amount as	46433
provided in division (G)(4)(a) or (b) of this section, as	46434
applicable:	46435

(a) If the student is not enrolled in a community school, the	46436
department shall deduct the amount from the account of the	46437
student's resident district pursuant to division ~~(M)~~(J) of section	46438
3317.023 of the Revised Code.	46439

(b) If the student is enrolled in a community school, the	46440
department shall deduct the amount from the account of the	46441
community school pursuant to section 3314.083 of the Revised Code.	46442

Sec. 3317.18. (A) As used in this section, the terms	46443
"Chapter 133. securities," "credit enhancement facilities," "debt	46444
charges," "general obligation," "legislation," "public	46445
obligations," and "securities" have the same meanings as in	46446
section 133.01 of the Revised Code.	46447

(B) The board of education of any school district authorizing	46448
the issuance of securities under section 133.10, 133.301, or	46449
3313.372 of the Revised Code or general obligation Chapter 133.	46450
securities may adopt legislation requesting the state department	46451
of education to approve, and enter into an agreement with the	46452
school district and the primary paying agent or fiscal agent for	46453
such securities providing for, the withholding and deposit of	46454
funds, otherwise due the district under ~~Chapters 3306. and~~Chapter	46455
3317. of the Revised Code, for the payment of debt service charges	46456
on such securities.	46457

The board of education shall deliver to the state department	46458
a copy of such resolution and any additional pertinent information	46459
the state department may require.	46460

The department of education and the office of budget and	46461
management shall evaluate each request received from a school	46462
district under this section and the department, with the advice	46463
and consent of the director of budget and management, shall	46464
approve or deny each request based on all of the following:	46465

(1) Whether approval of the request will enhance the	46466
marketability of the securities for which the request is made;	46467

(2) Any other pertinent factors or limitations established in	46468
rules made under division (I) of this section, including:	46469

(a) Current and projected obligations of funds due to the	46470
requesting school district under ~~Chapters 3306. and~~Chapter 3317.	46471
of the Revised Code including obligations of those funds to public	46472
obligations or relevant credit enhancement facilities under this	46473
section, Chapter 133. and section 3313.483 of the Revised Code,	46474
and under any other similar provisions of law;	46475

(b) Whether the department of education or the office of	46476
budget and management has any reason to believe the requesting	46477
school district will be unable to pay when due the debt charges on	46478
the securities for which the request is made.	46479

The department may require a school district to establish	46480
schedules for the payment of all debt charges that take into	46481
account the amount and timing of anticipated distributions of	46482
funds to the district under Chapter 3317. of the Revised Code.	46483

(C) If the department approves the request of a school	46484
district to withhold and deposit funds pursuant to this section,	46485
the department shall enter into a written agreement with the	46486
district and the primary paying agent or fiscal agent for the	46487
securities which shall provide for the withholding of funds	46488
pursuant to this section for the payment of debt charges on those	46489
securities, and may include both of the following:	46490

(1) Provisions for certification by the district to the	46491
department, at a time prior to any date for the payment of	46492
applicable debt charges, whether the district is able to pay those	46493
debt charges when due;	46494

(2) Requirements that the district deposit amounts for the	46495
payment of debt charges on the securities with the primary paying	46496
agent or fiscal agent for the securities prior to the date on	46497
which those debt charge payments are due to the owners or holders	46498
of the securities.	46499

(D) Whenever a district notifies the department of education	46500
that it will be unable to pay debt charges when they are due,	46501
subject to the withholding provisions of this section, or whenever	46502
the applicable paying agent or fiscal agent notifies the	46503
department that it has not timely received from a school district	46504
the full amount needed for the payment when due of those debt	46505
charges to the holders or owners of such securities, the	46506
department shall immediately contact the school district and the	46507
paying agent or fiscal agent to confirm or determine whether the	46508
district is unable to make the required payment by the date on	46509
which it is due.	46510

Upon demand of the treasurer of state while holding a school	46511
district obligation purchased under division (G)(1) of section	46512
135.143 of the Revised Code, the state department of education,	46513
without a request of the school district, shall withhold and	46514
deposit funds pursuant to this section for payment of debt service	46515
charges on that obligation.	46516

If the department confirms or determines that the district	46517
will be unable to make such payment and payment will not be made	46518
pursuant to a credit enhancement facility, the department shall	46519
promptly pay to the applicable primary paying agent or fiscal	46520
agent the lesser of the amount due for debt charges or the amount	46521
due the district for the remainder of the fiscal year under	46522
Chapter 3317. of the Revised Code. If this amount is insufficient	46523
to pay the total amount then due the agent for the payment of debt	46524
charges, the department shall pay to the agent each fiscal year	46525
thereafter, and until the full amount due the agent for unpaid	46526
debt charges is paid in full, the lesser of the remaining amount	46527
due the agent for debt charges or the amount due the district for	46528
the fiscal year under Chapter 3317. of the Revised Code.	46529

(E) The state department may make any payments under this	46530
division by direct deposit of funds by electronic transfer.	46531

Any amount received by a paying agent or fiscal agent under	46532
this section shall be applied only to the payment of debt charges	46533
on the securities of the school district subject to this section	46534
or to the reimbursement to the provider of a credit enhancement	46535
facility that has paid such debt charges.	46536

(F) To the extent a school district whose securities are	46537
subject to this section is unable to pay applicable debt charges	46538
because of the failure to collect property taxes levied for the	46539
payment of those debt charges, the district may transfer to or	46540
deposit into any fund that would have received payments under	46541
~~3306. or~~Chapter 3317. of the Revised Code that were withheld	46542
under this section any such delinquent property taxes when later	46543
collected, provided that transfer or deposit shall be limited to	46544
the amounts withheld from that fund under this section.	46545

(G) The department may make payments under this section to	46546
paying agents or fiscal agents only from and to the extent that	46547
money is appropriated by the general assembly for Chapter 3317. of	46548
the Revised Code or for the purposes of this section. No	46549
securities of a school district to which this section is made	46550
applicable constitute an obligation or a debt or a pledge of the	46551
faith, credit, or taxing power of the state, and the holders or	46552
owners of such securities have no right to have taxes levied or	46553
appropriations made by the general assembly for the payment of	46554
debt charges on those securities, and those securities, if the	46555
department requires, shall contain a statement to that effect. The	46556
agreement for or the actual withholding and payment of moneys	46557
under this section does not constitute the assumption by the state	46558
of any debt of a school district.	46559

(H) In the case of securities subject to the withholding	46560
provisions of this section, the issuing board of education shall	46561
appoint a paying agent or fiscal agent who is not an officer or	46562
employee of the school district.	46563

(I) The department of education, with the advice of the	46564
office of budget and management, may adopt reasonable rules not	46565
inconsistent with this section for the implementation of this	46566
section and division (B) of section 133.25 of the Revised Code as	46567
it relates to the withholding and depositing of payments under	46568
~~Chapters 3306. and~~Chapter 3317. of the Revised Code to secure	46569
payment of debt charges on school district securities. Those rules	46570
shall include criteria for the evaluation and approval or denial	46571
of school district requests for withholding under this section and	46572
limits on the obligation for the purpose of paying debt charges or	46573
reimbursing credit enhancement facilities of funds otherwise to be	46574
paid to school districts under Chapter 3317. of the Revised Code.	46575

(J) The authority granted by this section is in addition to	46576
and not a limitation on any other authorizations granted by or	46577
pursuant to law for the same or similar purposes.	46578

Sec. 3317.19. (A) As used in this section, "total unit	46579
allowance" means an amount equal to the sum of the following:	46580

(1) The total of the salary allowances for the teachers	46581
employed in the cooperative education school district for all	46582
units approved under division (B) or (C) of section 3317.05 of the	46583
Revised Code. The salary allowance for each unit shall equal the	46584
minimum salary for the teacher of the unit calculated on the basis	46585
of the teacher's training level and years of experience pursuant	46586
to the salary schedule prescribed in the version of section	46587
3317.13 of the Revised Code in effect prior to July 1, 2001.	46588

(2) Fifteen per cent of the total computed under division	46589
(A)(1) of this section;	46590

(3) The total of the unit operating allowances for all	46591
approved units. The amount of each allowance shall equal one of	46592
the following:	46593

(a) Eight thousand twenty-three dollars times the number of	46594
units for preschool children with disabilities or fraction thereof	46595
approved for the year under division (B) of section 3317.05 of the	46596
Revised Code;	46597

(b) Two thousand one hundred thirty-two dollars times the	46598
number of units or fraction thereof approved for the year under	46599
division (C) of section 3317.05 of the Revised Code.	46600

(B) The state board of education shall compute and distribute	46601
to each cooperative education school district for each fiscal year	46602
an amount equal to the sum of the following:	46603

(1) An amount equal to the total of the amounts credited to	46604
the cooperative education school district pursuant to division	46605
~~(K)~~(H) of section 3317.023 of the Revised Code;	46606

(2) The total unit allowance;

46607

(3) An amount for assisting in providing free lunches to	46608
needy children ~~and an amount for assisting needy school districts~~	46609
~~in purchasing necessary equipment for food preparation~~ pursuant to	46610
division ~~(H)~~(D) of section 3317.024 of the Revised Code.	46611

(C) If a cooperative education school district has had	46612
additional special education units approved for the year under	46613
division (F)(2) of section 3317.03 of the Revised Code, the	46614
district shall receive an additional amount during the last half	46615
of the fiscal year. For each unit, the additional amount shall	46616
equal fifty per cent of the amount computed under division (A) of	46617
this section for a unit approved under division (B) of section	46618
3317.05 of the Revised Code.	46619

Sec. 3317.20. This section does not apply to preschool	46620
children with disabilities.	46621

(A) As used in this section:

46622

(1) "Applicable weight" means the multiple specified in	46623
section ~~3306.11~~3317.013 of the Revised Code for a disability	46624
described in that section.	46625

(2) "Child's school district" means the school district in	46626
which a child is entitled to attend school pursuant to section	46627
3313.64 or 3313.65 of the Revised Code.	46628

(3) "State share percentage" means the state share percentage	46629
of the child's school district.	46630

(B) Except as provided in division (C) of this section, the	46631
department shall annually pay each county DD board for each child	46632
with a disability, other than a preschool child with a disability,	46633
for whom the county DD board provides special education and	46634
related services an amount equal to the formula amount + (state	46635
share percentage X formula amount X the applicable weight).	46636

(C) If any school district places with a county DD board more	46637
children with disabilities than it had placed with a county DD	46638
board in fiscal year 1998, the department shall not make a payment	46639
under division (B) of this section for the number of children	46640
exceeding the number placed in fiscal year 1998. The department	46641
instead shall deduct from the district's payments under this	46642
chapter ~~and Chapter 3306. of the Revised Code~~, and pay to the	46643
county DD board, an amount calculated in accordance with the	46644
formula prescribed in division (B) of this section for each child	46645
over the number of children placed in fiscal year 1998.	46646

(D) The department shall calculate for each county DD board	46647
receiving payments under divisions (B) and (C) of this section the	46648
following amounts:	46649

(1) The amount received by the county DD board for approved	46650
special education and related services units, other than units for	46651
preschool children with disabilities, in fiscal year 1998, divided	46652
by the total number of children served in the units that year;	46653

(2) The product of the quotient calculated under division	46654
(D)(1) of this section times the number of children for whom	46655
payments are made under divisions (B) and (C) of this section.	46656

If the amount calculated under division (D)(2) of this	46657
section is greater than the total amount calculated under	46658
divisions (B) and (C) of this section, the department shall pay	46659
the county DD board one hundred per cent of the difference in	46660
addition to the payments under divisions (B) and (C) of this	46661
section.	46662

(E) Each county DD board shall report to the department, in	46663
the manner specified by the department, the name of each child for	46664
whom the county DD board provides special education and related	46665
services and the child's school district.	46666

(F)(1) For the purpose of verifying the accuracy of the	46667
payments under this section, the department may request from	46668
either of the following entities the data verification code	46669
assigned under division (D)(2) of section 3301.0714 of the Revised	46670
Code to any child who is placed with a county DD board:	46671

(a) The child's school district;

46672

(b) The independent contractor engaged to create and maintain	46673
data verification codes.	46674

(2) Upon a request by the department under division (F)(1) of	46675
this section for the data verification code of a child, the	46676
child's school district shall submit that code to the department	46677
in the manner specified by the department. If the child has not	46678
been assigned a code, the district shall assign a code to that	46679
child and submit the code to the department by a date specified by	46680
the department. If the district does not assign a code to the	46681
child by the specified date, the department shall assign a code to	46682
the child.	46683

The department annually shall submit to each school district	46684
the name and data verification code of each child residing in the	46685
district for whom the department has assigned a code under this	46686
division.	46687

(3) The department shall not release any data verification	46688
code that it receives under division (F) of this section to any	46689
person except as provided by law.	46690

(G) Any document relative to special education and related	46691
services provided by a county DD board that the department holds	46692
in its files that contains both a student's name or other	46693
personally identifiable information and the student's data	46694
verification code shall not be a public record under section	46695
149.43 of the Revised Code.	46696

Sec. 3317.201. This section does not apply to preschool	46697
children with disabilities.	46698

(A) As used in this section, the "total special education	46699
weight" for an institution means the sum of the following amounts:	46700

(1) The number of children reported by the institution under	46701
division (G)(1)(a)(i) of section 3317.03 of the Revised Code as	46702
receiving services for a disability described in division	46703
~~(D)(1)~~(A) of section ~~3306.02~~3317.013 of the Revised Code	46704
multiplied by the multiple specified in that division;	46705

(2) The number of children reported by the institution under	46706
division (G)(1)(a)(i) of section 3317.03 of the Revised Code as	46707
receiving services for a disability described in division	46708
~~(D)(2)~~(B) of section ~~3306.02~~3317.013 of the Revised Code	46709
multiplied by the multiple specified in that division;	46710

(3) The number of children reported by the institution under	46711
division (G)(1)(a)(i) of section 3317.03 of the Revised Code as	46712
receiving services for a disability described in division	46713
~~(D)(3)~~(C) of section ~~3306.02~~3317.013 of the Revised Code	46714
multiplied by the multiple specified in that division;	46715

(4) The number of children reported by the institution under	46716
division (G)(1)(a)(i) of section 3317.03 of the Revised Code as	46717
receiving services for a disability described in division (D)~~(4)~~	46718
of section ~~3306.02~~3317.013 of the Revised Code multiplied by the	46719
multiple specified in that division;	46720

(5) The number of children reported by the institution under	46721
division (G)(1)(a)(i) of section 3317.03 of the Revised Code as	46722
receiving services for a disability described in division	46723
~~(D)(5)~~(E) of section ~~3306.02~~3317.013 of the Revised Code	46724
multiplied by the multiple specified in that division;	46725

(6) The number of children reported by the institution under	46726
division (G)(1)(a)(i) of section 3317.03 of the Revised Code as	46727
receiving services for a disability described in division	46728
~~(D)(6)~~(F) of section ~~3306.02~~3317.013 of the Revised Code	46729
multiplied by the multiple specified in that division.	46730

(B) For each fiscal year, the department of education shall	46731
pay each state institution required to provide special education	46732
services under division (A) of section 3323.091 of the Revised	46733
Code an amount equal to the greater of:	46734

(1) The formula amount times the institution's total special	46735
education weight;	46736

(2) The aggregate amount of special education and related	46737
services unit funding the institution received for all children	46738
with disabilities other than preschool children with disabilities	46739
in fiscal year 2005 under sections 3317.052 and 3317.053 of the	46740
Revised Code, as those sections existed prior to June 30, 2005.	46741

Sec. 3318.032. (A) Except as otherwise provided in divisions	46742
(C) and (D) of this section, the portion of the basic project cost	46743
supplied by the school district shall be the greater of:	46744

(1) The required percentage of the basic project costs;

46745

(2)(a) For all districts except a district that opts to	46746
divide its entire classroom facilities needs into segments to be	46747
completed separately as authorized by section 3318.034 of the	46748
Revised Code, an amount necessary to raise the school district's	46749
net bonded indebtedness, as of the date the controlling board	46750
approved the project, to within five thousand dollars of the	46751
required level of indebtedness;	46752

(b) For a district that opts to divide its entire classroom	46753
facilities needs into segments to be completed separately as	46754
authorized by section 3318.034 of the Revised Code, an amount	46755
necessary to raise the school district's net bonded indebtedness,	46756
as of the date the controlling board approved the project, to	46757
within five thousand dollars of the following:	46758

The required level of indebtedness X (the basic	46759

project cost of the segment as approved	46760

by the controlling board / the estimated basic	46761

project cost of the district's entire classroom facilities	46762

needs as determined jointly by the staff of the Ohio	46763

school facilities commission and the district)	46764

(B) The amount of the district's share determined under this	46765
section shall be calculated only as of the date the controlling	46766
board approved the project, and that amount applies throughout the	46767
~~one-year~~thirteen-month period permitted under section 3318.05 of	46768
the Revised Code for the district's electors to approve the	46769
propositions described in that section. If the amount reserved and	46770
encumbered for a project is released because the electors do not	46771
approve those propositions within that ~~year~~period, and the school	46772
district later receives the controlling board's approval for the	46773
project, subject to a new project scope and estimated costs under	46774
section 3318.054 of the Revised Code, the district's portion shall	46775
be recalculated in accordance with this section as of the date of	46776
the controlling board's subsequent approval.	46777

(C) At no time shall a school district's portion of the basic	46778
project cost be greater than ninety-five per cent of the total	46779
basic project cost.	46780

(D) If the controlling board approves a project under	46781
sections 3318.01 to 3318.20 of the Revised Code for a school	46782
district that previously received assistance under those sections	46783
or section 3318.37 of the Revised Code within the twenty-year	46784
period prior to the date on which the controlling board approves	46785
the new project, the district's portion of the basic project cost	46786
for the new project shall be the lesser of the following:	46787

(1) The portion calculated under division (A) of this	46788
section;	46789

(2) The greater of the following:

46790

(a) The required percentage of the basic project costs for	46791
the new project;	46792

(b) The percentage of the basic project cost paid by the	46793
district for the previous project.	46794

Sec. 3318.05. The conditional approval of the Ohio school	46795
facilities commission for a project shall lapse and the amount	46796
reserved and encumbered for such project shall be released unless	46797
the school district board accepts such conditional approval within	46798
one hundred twenty days following the date of certification of the	46799
conditional approval to the school district board and the electors	46800
of the school district vote favorably on both of the propositions	46801
described in divisions (A) and (B) of this section within ~~one year~~	46802
thirteen months of the date of such certification, except that a	46803
school district described in division (C) of this section does not	46804
need to submit the proposition described in division (B) of this	46805
section. The propositions described in divisions (A) and (B) of	46806
this section shall be combined in a single proposal. If the	46807
district board or the district's electors fail to meet such	46808
requirements and the amount reserved and encumbered for the	46809
district's project is released, the district shall be given first	46810
priority for project funding as such funds become available,	46811
subject to section 3318.054 of the Revised Code.	46812

(A) On the question of issuing bonds of the school district	46813
board, for the school district's portion of the basic project	46814
cost, in an amount equal to the school district's portion of the	46815
basic project cost less the amount of the proceeds of any	46816
securities authorized or to be authorized under division (J) of	46817
section 133.06 of the Revised Code and dedicated by the school	46818
district board to payment of the district's portion of the basic	46819
project cost; and	46820

(B) On the question of levying a tax the proceeds of which	46821
shall be used to pay the cost of maintaining the classroom	46822
facilities included in the project. Such tax shall be at the rate	46823
of not less than one-half mill for each dollar of valuation for a	46824
period of twenty-three years, subject to any extension approved	46825
under section 3318.061 of the Revised Code.	46826

(C) If a school district has in place a tax levied under	46827
section 5705.21 of the Revised Code for general permanent	46828
improvements for a continuing period of time and the proceeds of	46829
such tax can be used for maintenance, or if a district agrees to	46830
the transfers described in section 3318.051 of the Revised Code,	46831
the school district need not levy the additional tax required	46832
under division (B) of this section, provided the school district	46833
board includes in the agreement entered into under section 3318.08	46834
of the Revised Code provisions either:	46835

(1) Earmarking an amount from the proceeds of that permanent	46836
improvement tax for maintenance of classroom facilities equivalent	46837
to the amount of the additional tax and for the equivalent number	46838
of years otherwise required under this section;	46839

(2) Requiring the transfer of money in accordance with	46840
section 3318.051 of the Revised Code.	46841

The district board subsequently may rescind the agreement to	46842
make the transfers under section 3318.051 of the Revised Code only	46843
so long as the electors of the district have approved, in	46844
accordance with section 3318.063 of the Revised Code, the levy of	46845
a tax for the maintenance of the classroom facilities acquired	46846
under the district's project and that levy continues to be	46847
collected as approved by the electors.	46848

(D) Proceeds of the tax to be used for maintenance of the	46849
classroom facilities under either division (B) or (C)(1) of this	46850
section, and transfers of money in accordance with section	46851
3318.051 of the Revised Code shall be deposited into a separate	46852
fund established by the school district for such purpose.	46853

Sec. 3318.051. (A) Any city, exempted village, or local	46854
school district that commences a project under sections 3318.01 to	46855
3318.20, 3318.36, 3318.37, or 3318.38 of the Revised Code on or	46856
after September 5, 2006, need not levy the tax otherwise required	46857
under division (B) of section 3318.05 of the Revised Code, if the	46858
district board of education adopts a resolution petitioning the	46859
Ohio school facilities commission to approve the transfer of money	46860
in accordance with this section and the commission approves that	46861
transfer. If so approved, the commission and the district board	46862
shall enter into an agreement under which the board, in each of	46863
twenty-three consecutive years beginning in the year in which the	46864
board and the commission enter into the project agreement under	46865
section 3318.08 of the Revised Code, shall transfer into the	46866
maintenance fund required by division (D) of section 3318.05 of	46867
the Revised Code not less than an amount equal to one-half mill	46868
for each dollar of the district's valuation unless and until the	46869
agreement to make those transfers is rescinded by the district	46870
board pursuant to division (F) of this section.	46871

(B) On the first day of July each year, or on an alternative	46872
date prescribed by the commission, the district treasurer shall	46873
certify to the commission and the auditor of state that the amount	46874
required for the year has been transferred. The auditor of state	46875
shall include verification of the transfer as part of any audit of	46876
the district under section 117.11 of the Revised Code. If the	46877
auditor of state finds that less than the required amount has been	46878
deposited into a district's maintenance fund, the auditor of state	46879
shall notify the district board of education in writing of that	46880
fact and require the board to deposit into the fund, within ninety	46881
days after the date of the notice, the amount by which the fund is	46882
deficient for the year. If the district board fails to demonstrate	46883
to the auditor of state's satisfaction that the board has made the	46884
deposit required in the notice, the auditor of state shall notify	46885
the department of education. At that time, the department shall	46886
withhold an amount equal to ten per cent of the district's funds	46887
calculated for the current fiscal year under ~~Chapters 3306. and~~	46888
Chapter 3317. of the Revised Code until the auditor of state	46889
notifies the department that the auditor of state is satisfied	46890
that the board has made the required transfer.	46891

(C) Money transferred to the maintenance fund shall be used	46892
for the maintenance of the facilities acquired under the	46893
district's project.	46894

(D) The transfers to the maintenance fund under this section	46895
does not affect a district's obligation to establish and maintain	46896
a capital and maintenance fund under section 3315.18 of the	46897
Revised Code.	46898

(E) Any decision by the commission to approve or not approve	46899
the transfer of money under this section is final and not subject	46900
to appeal. The commission shall not be responsible for errors or	46901
miscalculations made in deciding whether to approve a petition to	46902
make transfers under this section.	46903

(F) If the district board determines that it no longer can	46904
continue making the transfers agreed to under this section, the	46905
board may rescind the agreement only so long as the electors of	46906
the district have approved, in accordance with section 3318.063 of	46907
the Revised Code, the levy of a tax for the maintenance of the	46908
classroom facilities acquired under the district's project and	46909
that levy continues to be collected as approved by the electors.	46910
That levy shall be for a number of years that is equal to the	46911
difference between twenty-three years and the number of years that	46912
the district made transfers under this section and shall be at the	46913
rate of not less than one-half mill for each dollar of the	46914
district's valuation. The district board shall continue to make	46915
the transfers agreed to under this section until that levy has	46916
been approved by the electors.	46917

Sec. 3318.054. (A) If conditional approval of a city,	46918
exempted village, or local school district's project lapses as	46919
provided in section 3318.05 of the Revised Code, or if conditional	46920
approval of a joint vocational school district's project lapses as	46921
provided in division (D) of section 3318.41 of the Revised Code,	46922
because the district's electors have not approved the ballot	46923
measures necessary to generate the district's portion of the basic	46924
project cost, and if the district board desires to seek a new	46925
conditional approval of the project, the district board shall	46926
request that the Ohio school facilities commission establish a new	46927
scope, estimated basic project cost, estimated school district	46928
portion of the basic project cost, and rate of taxation necessary	46929
to pay the district's portion of the basic project cost prior to	46930
resubmitting the ballot measures to the electors. To do so, the	46931
commission shall use the district's current tax valuation and the	46932
district's percentile for the prior fiscal year. For a district	46933
that has entered into an agreement under section 3318.36 of the	46934
Revised Code and desires to proceed with a project under sections	46935
3318.01 to 3318.20 of the Revised Code, the district's portion of	46936
the basic project cost shall be the percentage specified in that	46937
agreement. The project scope, estimated costs, and rate of	46938
taxation established under this division shall be valid for one	46939
year from the date the commission approves them.	46940

(B) Upon the commission's approval under division (A) of this	46941
section, the district board may submit the ballot measures to the	46942
district's electors for approval of the project based on the new	46943
project scope, estimated costs, and rate of taxation. Upon	46944
electoral approval of those measures, the district shall be given	46945
first priority for project funding as such funds become available.	46946

(C) When the commission determines that funds are available	46947
for the district's project, the commission shall do all of the	46948
following:	46949

(1) Determine the school district portion of the basic	46950
project cost under section 3318.032 of the Revised Code, in the	46951
case of a city, exempted village, or local school district, or	46952
under section 3318.42 of the Revised Code, in the case of a joint	46953
vocational school district;	46954

(2) Conditionally approve the project and submit it to the	46955
controlling board for approval pursuant to section 3318.04 of the	46956
Revised Code;	46957

(3) Encumber funds for the project under section 3318.11 of	46958
the Revised Code;	46959

(4) Enter into an agreement with the district board under	46960
section 3318.08 of the Revised Code.	46961

Sec. 3318.08. Except in the case of a joint vocational	46962
school district that receives assistance under sections 3318.40 to	46963
3318.45 of the Revised Code, if the requisite favorable vote on	46964
the election is obtained, or if the school district board has	46965
resolved to apply the proceeds of a property tax levy or the	46966
proceeds of an income tax, or a combination of proceeds from such	46967
taxes, as authorized in section 3318.052 of the Revised Code, the	46968
Ohio school facilities commission, upon certification to it of	46969
either the results of the election or the resolution under section	46970
3318.052 of the Revised Code, shall enter into a written agreement	46971
with the school district board for the construction and sale of	46972
the project. In the case of a joint vocational school district	46973
that receives assistance under sections 3318.40 to 3318.45 of the	46974
Revised Code, if the school district board of education and the	46975
school district electors have satisfied the conditions prescribed	46976
in division (D)(1) of section 3318.41 of the Revised Code, the	46977
commission shall enter into an agreement with the school district	46978
board for the construction and sale of the project. In either	46979
case, the agreement shall include, but need not be limited to, the	46980
following provisions:	46981

(A) The sale and issuance of bonds or notes in anticipation	46982
thereof, as soon as practicable after the execution of the	46983
agreement, in an amount equal to the school district's portion of	46984
the basic project cost, including any securities authorized under	46985
division (J) of section 133.06 of the Revised Code and dedicated	46986
by the school district board to payment of the district's portion	46987
of the basic project cost of the project; provided, that if at	46988
that time the county treasurer of each county in which the school	46989
district is located has not commenced the collection of taxes on	46990
the general duplicate of real and public utility property for the	46991
year in which the controlling board approved the project, the	46992
school district board shall authorize the issuance of a first	46993
installment of bond anticipation notes in an amount specified by	46994
the agreement, which amount shall not exceed an amount necessary	46995
to raise the net bonded indebtedness of the school district as of	46996
the date of the controlling board's approval to within five	46997
thousand dollars of the required level of indebtedness for the	46998
preceding year. In the event that a first installment of bond	46999
anticipation notes is issued, the school district board shall, as	47000
soon as practicable after the county treasurer of each county in	47001
which the school district is located has commenced the collection	47002
of taxes on the general duplicate of real and public utility	47003
property for the year in which the controlling board approved the	47004
project, authorize the issuance of a second and final installment	47005
of bond anticipation notes or a first and final issue of bonds.	47006

The combined value of the first and second installment of	47007
bond anticipation notes or the value of the first and final issue	47008
of bonds shall be equal to the school district's portion of the	47009
basic project cost. The proceeds of any such bonds shall be used	47010
first to retire any bond anticipation notes. Otherwise, the	47011
proceeds of such bonds and of any bond anticipation notes, except	47012
the premium and accrued interest thereon, shall be deposited in	47013
the school district's project construction fund. In determining	47014
the amount of net bonded indebtedness for the purpose of fixing	47015
the amount of an issue of either bonds or bond anticipation notes,	47016
gross indebtedness shall be reduced by moneys in the bond	47017
retirement fund only to the extent of the moneys therein on the	47018
first day of the year preceding the year in which the controlling	47019
board approved the project. Should there be a decrease in the tax	47020
valuation of the school district so that the amount of	47021
indebtedness that can be incurred on the tax duplicates for the	47022
year in which the controlling board approved the project is less	47023
than the amount of the first installment of bond anticipation	47024
notes, there shall be paid from the school district's project	47025
construction fund to the school district's bond retirement fund to	47026
be applied against such notes an amount sufficient to cause the	47027
net bonded indebtedness of the school district, as of the first	47028
day of the year following the year in which the controlling board	47029
approved the project, to be within five thousand dollars of the	47030
required level of indebtedness for the year in which the	47031
controlling board approved the project. The maximum amount of	47032
indebtedness to be incurred by any school district board as its	47033
share of the cost of the project is either an amount that will	47034
cause its net bonded indebtedness, as of the first day of the year	47035
following the year in which the controlling board approved the	47036
project, to be within five thousand dollars of the required level	47037
of indebtedness, or an amount equal to the required percentage of	47038
the basic project costs, whichever is greater. All bonds and bond	47039
anticipation notes shall be issued in accordance with Chapter 133.	47040
of the Revised Code, and notes may be renewed as provided in	47041
section 133.22 of the Revised Code.	47042

(B) The transfer of such funds of the school district board	47043
available for the project, together with the proceeds of the sale	47044
of the bonds or notes, except premium, accrued interest, and	47045
interest included in the amount of the issue, to the school	47046
district's project construction fund;	47047

(C) For all school districts except joint vocational school	47048
districts that receive assistance under sections 3318.40 to	47049
3318.45 of the Revised Code, the following provisions as	47050
applicable:	47051

(1) If section 3318.052 of the Revised Code applies, the	47052
earmarking of the proceeds of a tax levied under section 5705.21	47053
of the Revised Code for general permanent improvements or under	47054
section 5705.218 of the Revised Code for the purpose of permanent	47055
improvements, or the proceeds of a school district income tax	47056
levied under Chapter 5748. of the Revised Code, or the proceeds	47057
from a combination of those two taxes, in an amount to pay all or	47058
part of the service charges on bonds issued to pay the school	47059
district portion of the project and an amount equivalent to all or	47060
part of the tax required under division (B) of section 3318.05 of	47061
the Revised Code;	47062

(2) If section 3318.052 of the Revised Code does not apply,	47063
one of the following:	47064

(a) The levy of the tax authorized at the election for the	47065
payment of maintenance costs, as specified in division (B) of	47066
section 3318.05 of the Revised Code;	47067

(b) If the school district electors have approved a	47068
continuing tax for general permanent improvements under section	47069
5705.21 of the Revised Code and that tax can be used for	47070
maintenance, the earmarking of an amount of the proceeds from such	47071
tax for maintenance of classroom facilities as specified in	47072
division (B) of section 3318.05 of the Revised Code;	47073

(c) If, in lieu of the tax otherwise required under division	47074
(B) of section 3318.05 of the Revised Code, the commission has	47075
approved the transfer of money to the maintenance fund in	47076
accordance with section 3318.051 of the Revised Code, a	47077
requirement that the district board comply with the provisions	47078
that section. The district board may rescind the provision	47079
prescribed under division (C)(2)(c) of this section only so long	47080
as the electors of the district have approved, in accordance with	47081
section 3318.063 of the Revised Code, the levy of a tax for the	47082
maintenance of the classroom facilities acquired under the	47083
district's project and that levy continues to be collected as	47084
approved by the electors.	47085

(D) For joint vocational school districts that receive	47086
assistance under sections 3318.40 to 3318.45 of the Revised Code,	47087
provision for deposit of school district moneys dedicated to	47088
maintenance of the classroom facilities acquired under those	47089
sections as prescribed in section 3318.43 of the Revised Code;	47090

(E) Dedication of any local donated contribution as provided	47091
for under section 3318.084 of the Revised Code, including a	47092
schedule for depositing such moneys applied as an offset of the	47093
district's obligation to levy the tax described in division (B) of	47094
section 3318.05 of the Revised Code as required under division	47095
(D)(2) of section 3318.084 of the Revised Code;	47096

(F) Ownership of or interest in the project during the period	47097
of construction, which shall be divided between the commission and	47098
the school district board in proportion to their respective	47099
contributions to the school district's project construction fund;	47100

(G) Maintenance of the state's interest in the project until	47101
any obligations issued for the project under section 3318.26 of	47102
the Revised Code are no longer outstanding;	47103

(H) The insurance of the project by the school district from	47104
the time there is an insurable interest therein and so long as the	47105
state retains any ownership or interest in the project pursuant to	47106
division (F) of this section, in such amounts and against such	47107
risks as the commission shall require; provided, that the cost of	47108
any required insurance until the project is completed shall be a	47109
part of the basic project cost;	47110

(I) The certification by the director of budget and	47111
management that funds are available and have been set aside to	47112
meet the state's share of the basic project cost as approved by	47113
the controlling board pursuant to either section 3318.04 or	47114
division (B)(1) of section 3318.41 of the Revised Code;	47115

(J) Authorization of the school district board to advertise	47116
for and receive construction bids for the project, for and on	47117
behalf of the commission, and to award contracts in the name of	47118
the state subject to approval by the commission;	47119

(K) Provisions for the disbursement of moneys from the school	47120
district's project account upon issuance by the commission or the	47121
commission's designated representative of vouchers for work done	47122
to be certified to the commission by the treasurer of the school	47123
district board;	47124

(L) Disposal of any balance left in the school district's	47125
project construction fund upon completion of the project;	47126

(M) Limitations upon use of the project or any part of it so	47127
long as any obligations issued to finance the project under	47128
section 3318.26 of the Revised Code are outstanding;	47129

(N) Provision for vesting the state's interest in the project	47130
to the school district board when the obligations issued to	47131
finance the project under section 3318.26 of the Revised Code are	47132
outstanding;	47133

(O) Provision for deposit of an executed copy of the	47134
agreement in the office of the commission;	47135

(P) Provision for termination of the contract and release of	47136
the funds encumbered at the time of the conditional approval, if	47137
the proceeds of the sale of the bonds of the school district board	47138
are not paid into the school district's project construction fund	47139
and if bids for the construction of the project have not been	47140
taken within such period after the execution of the agreement as	47141
may be fixed by the commission;	47142

(Q) Provision for the school district to maintain the project	47143
in accordance with a plan approved by the commission;	47144

(R)~~(1) For all school districts except a district undertaking~~	47145
~~a project under section 3318.38 of the Revised Code or a joint~~	47146
~~vocational school district undertaking a project under sections~~	47147
~~3318.40 to 3318.45 of the Revised Code, provision~~Provision that	47148
all state funds reserved and encumbered to pay the state share of	47149
the cost of the project ~~pursuant to section 3318.03 of the Revised~~	47150
~~Code be spent on the construction or acquisition of the project~~	47151
~~prior to the expenditure of any~~and the funds provided by the	47152
school district to pay for its share of the project cost, ~~unless~~	47153
including the respective shares of the cost of a segment if the	47154
project is divided into segments, be spent on the construction and	47155
acquisition of the project or segment simultaneously in proportion	47156
to the state's and the school district's respective shares of that	47157
basic project cost as determined under section 3318.032 of the	47158
Revised Code or, if the district is a joint vocational school	47159
district, under section 3318.42 of the Revised Code. However, if	47160
the school district certifies to the commission that expenditure	47161
by the school district is necessary to maintain the federal tax	47162
status or tax-exempt status of notes or bonds issued by the school	47163
district to pay for its share of the project cost or to comply	47164
with applicable temporary investment periods or spending	47165
exceptions to rebate as provided for under federal law in regard	47166
to those notes or bonds, ~~in which cases,~~ the school district may	47167
commit to spend, or spend, a greater portion of the funds it	47168
provides;	47169

~~(2) For a school district undertaking a project under section~~	47170
~~3318.38 of the Revised Code or a joint vocational school district~~	47171
~~undertaking a project under sections 3318.40 to 3318.45 of the~~	47172
~~Revised Code, provision that the state funds reserved and~~	47173
~~encumbered and the funds provided by the school district to pay~~	47174
~~the basic project cost of any segment of the project, or of the~~	47175
~~entire project if it is not divided into segments, be spent on the~~	47176
~~construction and acquisition of the project simultaneously in~~	47177
~~proportion to the state's and the school district's respective~~	47178
~~shares of that basic project cost as determined under section~~	47179
~~3318.032 of the Revised Code or, if the district is a joint~~	47180
~~vocational school district, under section 3318.42 of the Revised~~	47181
~~Code~~during any specific period than would otherwise be required	47182
under this division.	47183

(S) A provision stipulating that the commission may prohibit	47184
the district from proceeding with any project if the commission	47185
determines that the site is not suitable for construction	47186
purposes. The commission may perform soil tests in its	47187
determination of whether a site is appropriate for construction	47188
purposes.	47189

(T) A provision stipulating that, unless otherwise authorized	47190
by the commission, any contingency reserve portion of the	47191
construction budget prescribed by the commission shall be used	47192
only to pay costs resulting from unforeseen job conditions, to	47193
comply with rulings regarding building and other codes, to pay	47194
costs related to design clarifications or corrections to contract	47195
documents, and to pay the costs of settlements or judgments	47196
related to the project as provided under section 3318.086 of the	47197
Revised Code;	47198

(U) Provision stipulating that for continued release of	47199
project funds the school district board shall comply with section	47200
3313.41 of the Revised Code throughout the project and shall	47201
notify the department of education and the Ohio community school	47202
association when the board plans to dispose of facilities by sale	47203
under that section;	47204

(V) Provision that the commission shall not approve a	47205
contract for demolition of a facility until the school district	47206
board has complied with section 3313.41 of the Revised Code	47207
relative to that facility, unless demolition of that facility is	47208
to clear a site for construction of a replacement facility	47209
included in the district's project.	47210

Sec. 3318.12. (A) The Ohio school facilities commission shall	47211
cause to be transferred to the school district's project	47212
construction fund the necessary amounts from amounts appropriated	47213
by the general assembly and set aside for such purpose, from time	47214
to time as may be necessary to pay obligations chargeable to such	47215
fund when due. All investment earnings of a school district's	47216
project construction fund shall be credited to the fund.	47217

(B)(1) The treasurer of the school district board shall	47218
disburse funds from the school district's project construction	47219
fund, including investment earnings credited to the fund, only	47220
upon the approval of the commission or the commission's designated	47221
representative. The commission or the commission's designated	47222
representative shall issue vouchers against such fund, in such	47223
amounts, and at such times as required by the contracts for	47224
construction of the project.	47225

(2) Notwithstanding anything to the contrary in division	47226
(B)(1) of this section, the school district board may, by a duly	47227
adopted resolution, choose to use all or part of the investment	47228
earnings of the district's project construction fund that are	47229
attributable to the district's contribution to the fund to pay the	47230
cost of classroom facilities or portions or components of	47231
classroom facilities that are not included in the district's basic	47232
project cost but that are related to the district's project. If	47233
the district board adopts a resolution in favor of using those	47234
investment earnings as authorized under division (B)(2) of this	47235
section, the treasurer shall disburse the amount as designated and	47236
directed by the board. However, if the district board chooses to	47237
use any part of the investment earnings for classroom facilities	47238
or portions or components of classroom facilities that are not	47239
included in the basic project cost, as authorized under division	47240
(B)(2) of this section, and, subsequently, the cost of the project	47241
exceeds the amount in the project construction fund, the district	47242
board shall restore to the project construction fund the full	47243
amount of the investment earnings used under division (B)(2) of	47244
this section before any additional state moneys shall be released	47245
for the project.	47246

(C) After ~~the~~a certificate of completion has been issued for	47247
a project ~~has been completed~~under section 3318.48 of the Revised	47248
Code:	47249

(1) At the discretion of the school district board, any	47250
investment earnings remaining in the project construction fund	47251
that are attributable to the school district's contribution to the	47252
fund shall be:	47253

(a) Retained in the project construction fund for future	47254
projects;	47255

(b) Transferred to the district's maintenance fund required	47256
by division (B) of section 3318.05 or section 3318.43 of the	47257
Revised Code, and the money so transferred shall be used solely	47258
for maintaining the classroom facilities included in the project;	47259

47260

(2) Any investment earnings remaining in the project	47261
construction fund that are attributable to the state's	47262
contribution to the fund shall be transferred to the commission	47263
for expenditure pursuant to sections 3318.01 to 3318.20 or	47264
sections 3318.40 to 3318.45 of the Revised Code.	47265

(3) Any other surplus remaining in the school district's	47266
project construction fund ~~after the project has been completed~~	47267
shall be transferred to the commission and the school district	47268
board in proportion to their respective contributions to the fund.	47269
The commission shall use the money transferred to it under this	47270
division for expenditure pursuant to sections 3318.01 to 3318.20	47271
or sections 3318.40 to 3318.45 of the Revised Code.	47272

(D) Pursuant to appropriations of the general assembly, any	47273
moneys transferred to the commission under division (C)(2) or (3)	47274
of this section from a project construction fund for a project	47275
under sections 3318.40 to 3318.45 of the Revised Code may be used	47276
for future expenditures for projects under sections 3318.40 to	47277
3318.45 of the Revised Code, notwithstanding the two per cent	47278
annual limit specified in division (B) of section 3318.40 of the	47279
Revised Code.	47280

Sec. 3318.31. (A) The Ohio school facilities commission may	47281
perform any act and ensure the performance of any function	47282
necessary or appropriate to carry out the purposes of, and	47283
exercise the powers granted under, Chapter 3318. of the Revised	47284
Code, including any of the following:	47285

(1) Adopt, amend, and rescind, pursuant to section 111.15 of	47286
the Revised Code, rules for the administration of programs	47287
authorized under Chapter 3318. of the Revised Code.	47288

(2) Contract with, retain the services of, or designate, and	47289
fix the compensation of, such agents, accountants, consultants,	47290
advisers, and other independent contractors as may be necessary or	47291
desirable to carry out the programs authorized under Chapter 3318.	47292
of the Revised Code, or authorize the executive director to	47293
perform such powers and duties.	47294

(3) Receive and accept any gifts, grants, donations, and	47295
pledges, and receipts therefrom, to be used for the programs	47296
authorized under Chapter 3318. of the Revised Code.	47297

(4) Make and enter into all contracts, commitments, and	47298
agreements, and execute all instruments, necessary or incidental	47299
to the performance of its duties and the execution of its rights	47300
and powers under Chapter 3318. of the Revised Code, or authorize	47301
the executive director to perform such powers and duties.	47302

(5) Request the director of administrative services to debar	47303
a contractor as provided in section 153.02 of the Revised Code.	47304

(B) The commission shall appoint and fix the compensation of	47305
an executive director who shall serve at the pleasure of the	47306
commission. The executive director shall supervise the operations	47307
of the commission and perform such other duties as delegated by	47308
the commission. The executive director also shall employ and fix	47309
the compensation of such employees as will facilitate the	47310
activities and purposes of the commission, who shall serve at the	47311
pleasure of the executive director. The employees of the	47312
commission shall be exempt from Chapter 4117. of the Revised Code	47313
and shall not be public employees as defined in section 4117.01 of	47314
the Revised Code.	47315

(C) The attorney general shall serve as the legal	47316
representative for the commission and may appoint other counsel as	47317
necessary for that purpose in accordance with section 109.07 of	47318
the Revised Code.	47319

Sec. 3318.36. (A)(1) As used in this section:

47320

(a) "Ohio school facilities commission," "classroom	47321
facilities," "school district," "school district board," "net	47322
bonded indebtedness," "required percentage of the basic project	47323
costs," "basic project cost," "valuation," and "percentile" have	47324
the same meanings as in section 3318.01 of the Revised Code.	47325

(b) "Required level of indebtedness" means five per cent of	47326
the school district's valuation for the year preceding the year in	47327
which the commission and school district enter into an agreement	47328
under division (B) of this section, plus [two one-hundredths of	47329
one per cent multiplied by (the percentile in which the district	47330
ranks minus one)].	47331

(c) "Local resources" means any moneys generated in any	47332
manner permitted for a school district board to raise the school	47333
district portion of a project undertaken with assistance under	47334
sections 3318.01 to 3318.20 of the Revised Code.	47335

(d) "Tangible personal property phase-out impacted district"	47336
means a school district for which the taxable value of its	47337
tangible personal property certified under division (A)(2) of	47338
section 3317.021 of the Revised Code for tax year 2005, excluding	47339
the taxable value of public utility personal property, made up	47340
eighteen per cent or more of its total taxable value for tax year	47341
2005 as certified under that section.	47342

(2) For purposes of determining the required level of	47343
indebtedness, the required percentage of the basic project costs	47344
under division (C)(1) of this section, and priority for assistance	47345
under sections 3318.01 to 3318.20 of the Revised Code, the	47346
percentile ranking of a school district with which the commission	47347
has entered into an agreement under this section between the first	47348
day of July and the thirty-first day of August in each fiscal year	47349
is the percentile ranking calculated for that district for the	47350
immediately preceding fiscal year, and the percentile ranking of a	47351
school district with which the commission has entered into such	47352
agreement between the first day of September and the thirtieth day	47353
of June in each fiscal year is the percentile ranking calculated	47354
for that district for the current fiscal year. However, in the	47355
case of a tangible personal property phase-out impacted district,	47356
the district's priority for assistance under sections 3318.01 to	47357
3318.20 of the Revised Code and its portion of the basic project	47358
cost under those sections shall be determined in the manner	47359
prescribed, respectively, in divisions (B)(3)(b) and (E)(1)(b) of	47360
this section.	47361

(B)(1) There is hereby established the school building	47362
assistance expedited local partnership program. Under the program,	47363
the Ohio school facilities commission may enter into an agreement	47364
with the school district board of any school district under which	47365
the school district board may proceed with the new construction or	47366
major repairs of a part of the school district's classroom	47367
facilities needs, as determined under sections 3318.01 to 3318.20	47368
of the Revised Code, through the expenditure of local resources	47369
prior to the school district's eligibility for state assistance	47370
under those sections and may apply that expenditure toward meeting	47371
the school district's portion of the basic project cost of the	47372
total of the school district's classroom facilities needs, as	47373
determined under sections 3318.01 to 3318.20 of the Revised Code	47374
and as recalculated under division (E) of this section, that are	47375
eligible for state assistance under sections 3318.01 to 3318.20 of	47376
the Revised Code when the school district becomes eligible for	47377
that assistance. Any school district that is reasonably expected	47378
to receive assistance under sections 3318.01 to 3318.20 of the	47379
Revised Code within two fiscal years from the date the school	47380
district adopts its resolution under division (B) of this section	47381
shall not be eligible to participate in the program established	47382
under this section.	47383

(2) To participate in the program, a school district board	47384
shall first adopt a resolution certifying to the commission the	47385
board's intent to participate in the program.	47386

The resolution shall specify the approximate date that the	47387
board intends to seek elector approval of any bond or tax measures	47388
or to apply other local resources to use to pay the cost of	47389
classroom facilities to be constructed under this section. The	47390
resolution may specify the application of local resources or	47391
elector-approved bond or tax measures after the resolution is	47392
adopted by the board, and in such case the board may proceed with	47393
a discrete portion of its project under this section as soon as	47394
the commission and the controlling board have approved the basic	47395
project cost of the district's classroom facilities needs as	47396
specified in division (D) of this section. The board shall submit	47397
its resolution to the commission not later than ten days after the	47398
date the resolution is adopted by the board.	47399

The commission shall not consider any resolution that is	47400
submitted pursuant to division (B)(2) of this section, as amended	47401
by this amendment, sooner than September 14, 2000.	47402

(3) For purposes of determining when a district that enters	47403
into an agreement under this section becomes eligible for	47404
assistance under sections 3318.01 to 3318.20 of the Revised Code,	47405
the commission shall use one of the following as applicable:	47406

(a) Except for a tangible personal property phase-out	47407
impacted district, the district's percentile ranking determined at	47408
the time the district entered into the agreement under this	47409
section, as prescribed by division (A)(2) of this section;	47410

(b) For a tangible personal property phase-out impacted	47411
district, the lesser of (i) the district's percentile ranking	47412
determined at the time the district entered into the agreement	47413
under this section, as prescribed by division (A)(2) of this	47414
section, or (ii) the district's current percentile ranking under	47415
section 3318.011 of the Revised Code.	47416

(4) Any project under this section shall comply with section	47417
3318.03 of the Revised Code and with any specifications for plans	47418
and materials for classroom facilities adopted by the commission	47419
under section 3318.04 of the Revised Code.	47420

(5) If a school district that enters into an agreement under	47421
this section has not begun a project applying local resources as	47422
provided for under that agreement at the time the district is	47423
notified by the commission that it is eligible to receive state	47424
assistance under sections 3318.01 to 3318.20 of the Revised Code,	47425
all assessment and agreement documents entered into under this	47426
section are void.	47427

(6) Only construction of or repairs to classroom facilities	47428
that have been approved by the commission and have been therefore	47429
included as part of a district's basic project cost qualify for	47430
application of local resources under this section.	47431

(C) Based on the results of on-site visits and assessment,	47432
the commission shall determine the basic project cost of the	47433
school district's classroom facilities needs. The commission shall	47434
determine the school district's portion of such basic project	47435
cost, which shall be the greater of:	47436

(1) The required percentage of the basic project costs,	47437
determined based on the school district's percentile ranking;	47438

(2) An amount necessary to raise the school district's net	47439
bonded indebtedness, as of the fiscal year the commission and the	47440
school district enter into the agreement under division (B) of	47441
this section, to within five thousand dollars of the required	47442
level of indebtedness.	47443

(D)(1) When the commission determines the basic project cost	47444
of the classroom facilities needs of a school district and the	47445
school district's portion of that basic project cost under	47446
division (C) of this section, the project shall be conditionally	47447
approved. Such conditional approval shall be submitted to the	47448
controlling board for approval thereof. The controlling board	47449
shall forthwith approve or reject the commission's determination,	47450
conditional approval, and the amount of the state's portion of the	47451
basic project cost; however, no state funds shall be encumbered	47452
under this section. Upon approval by the controlling board, the	47453
school district board may identify a discrete part of its	47454
classroom facilities needs, which shall include only new	47455
construction of or additions or major repairs to a particular	47456
building, to address with local resources. Upon identifying a part	47457
of the school district's basic project cost to address with local	47458
resources, the school district board may allocate any available	47459
school district moneys to pay the cost of that identified part,	47460
including the proceeds of an issuance of bonds if approved by the	47461
electors of the school district.	47462

All local resources utilized under this division shall first	47463
be deposited in the project construction account required under	47464
section 3318.08 of the Revised Code.	47465

(2) Unless the school district board exercises its option	47466
under division (D)(3) of this section, for a school district to	47467
qualify for participation in the program authorized under this	47468
section, one of the following conditions shall be satisfied:	47469

(a) The electors of the school district by a majority vote	47470
shall approve the levy of taxes outside the ten-mill limitation	47471
for a period of twenty-three years at the rate of not less than	47472
one-half mill for each dollar of valuation to be used to pay the	47473
cost of maintaining the classroom facilities included in the basic	47474
project cost as determined by the commission. The form of the	47475
ballot to be used to submit the question whether to approve the	47476
tax required under this division to the electors of the school	47477
district shall be the form for an additional levy of taxes	47478
prescribed in section 3318.361 of the Revised Code, which may be	47479
combined in a single ballot question with the questions prescribed	47480
under section 5705.218 of the Revised Code.	47481

(b) As authorized under division (C) of section 3318.05 of	47482
the Revised Code, the school district board shall earmark from the	47483
proceeds of a permanent improvement tax levied under section	47484
5705.21 of the Revised Code, an amount equivalent to the	47485
additional tax otherwise required under division (D)(2)(a) of this	47486
section for the maintenance of the classroom facilities included	47487
in the basic project cost as determined by the commission.	47488

(c) As authorized under section 3318.051 of the Revised Code,	47489
the school district board shall, if approved by the commission,	47490
annually transfer into the maintenance fund required under section	47491
3318.05 of the Revised Code the amount prescribed in section	47492
3318.051 of the Revised Code in lieu of the tax otherwise required	47493
under division (D)(2)(a) of this section for the maintenance of	47494
the classroom facilities included in the basic project cost as	47495
determined by the commission.	47496

(d) If the school district board has rescinded the agreement	47497
to make transfers under section 3318.051 of the Revised Code, as	47498
provided under division (F) of that section, the electors of the	47499
school district, in accordance with section 3318.063 of the	47500
Revised Code, first shall approve the levy of taxes outside the	47501
ten-mill limitation for the period specified in that section at a	47502
rate of not less than one-half mill for each dollar of valuation.	47503

(e) The school district board shall apply the proceeds of a	47504
tax to leverage bonds as authorized under section 3318.052 of the	47505
Revised Code or dedicate a local donated contribution in the	47506
manner described in division (B) of section 3318.084 of the	47507
Revised Code in an amount equivalent to the additional tax	47508
otherwise required under division (D)(2)(a) of this section for	47509
the maintenance of the classroom facilities included in the basic	47510
project cost as determined by the commission.	47511

(3) A school district board may opt to delay taking any of	47512
the actions described in division (D)(2) of this section until the	47513
school district becomes eligible for state assistance under	47514
sections 3318.01 to 3318.20 of the Revised Code. In order to	47515
exercise this option, the board shall certify to the commission a	47516
resolution indicating the board's intent to do so prior to	47517
entering into an agreement under division (B) of this section.	47518

(4) If pursuant to division (D)(3) of this section a district	47519
board opts to delay levying an additional tax until the district	47520
becomes eligible for state assistance, it shall submit the	47521
question of levying that tax to the district electors as follows:	47522

(a) In accordance with section 3318.06 of the Revised Code if	47523
it will also be necessary pursuant to division (E) of this section	47524
to submit a proposal for approval of a bond issue;	47525

(b) In accordance with section 3318.361 of the Revised Code	47526
if it is not necessary to also submit a proposal for approval of a	47527
bond issue pursuant to division (E) of this section.	47528

(5) No state assistance under sections 3318.01 to 3318.20 of	47529
the Revised Code shall be released until a school district board	47530
that adopts and certifies a resolution under division (D) of this	47531
section also demonstrates to the satisfaction of the commission	47532
compliance with the provisions of division (D)(2) of this section.	47533

Any amount required for maintenance under division (D)(2) of	47534
this section shall be deposited into a separate fund as specified	47535
in division (B) of section 3318.05 of the Revised Code.	47536

(E)(1) If the school district becomes eligible for state	47537
assistance under sections 3318.01 to 3318.20 of the Revised Code	47538
based on its percentile ranking under division (B)(3) of this	47539
section, the commission shall conduct a new assessment of the	47540
school district's classroom facilities needs and shall recalculate	47541
the basic project cost based on this new assessment. The basic	47542
project cost recalculated under this division shall include the	47543
amount of expenditures made by the school district board under	47544
division (D)(1) of this section. The commission shall then	47545
recalculate the school district's portion of the new basic project	47546
cost, which shall be one of the following as applicable:	47547

(a) Except for a tangible personal property phase-out	47548
impacted district, the percentage of the original basic project	47549
cost assigned to the school district as its portion under division	47550
(C) of this section;	47551

(b) For a tangible personal property phase-out impacted	47552
district, the lesser of (i) the percentage of the original basic	47553
project cost assigned to the school district as its portion under	47554
division (C) of this section, or (ii) the percentage of the new	47555
basic project cost determined under section 3318.032 of the	47556
Revised Code using the district's current percentile ranking under	47557
section 3318.011 of the Revised Code. ~~The~~	47558

The commission shall deduct the expenditure of school	47559
district moneys made under division (D)(1) of this section from	47560
the school district's portion of the basic project cost as	47561
recalculated under this division. If the amount of school district	47562
resources applied by the school district board to the school	47563
district's portion of the basic project cost under this section is	47564
less than the total amount of such portion as recalculated under	47565
this division, the school district board by a majority vote of all	47566
of its members shall, if it desires to seek state assistance under	47567
sections 3318.01 to 3318.20 of the Revised Code, adopt a	47568
resolution as specified in section 3318.06 of the Revised Code to	47569
submit to the electors of the school district the question of	47570
approval of a bond issue in order to pay any additional amount of	47571
school district portion required for state assistance. Any tax	47572
levy approved under division (D) of this section satisfies the	47573
requirements to levy the additional tax under section 3318.06 of	47574
the Revised Code.	47575

(2) If the amount of school district resources applied by the	47576
school district board to the school district's portion of the	47577
basic project cost under this section is more than the total	47578
amount of such portion as recalculated under ~~this~~ division (E)(1)	47579
of this section, within one year after the school district's	47580
portion is so recalculated ~~under division (E)(1) of this section~~	47581
the commission may grant to the school district the difference	47582
between the two calculated portions, but at no time shall the	47583
commission expend any state funds on a project in an amount	47584
greater than the state's portion of the basic project cost as	47585
recalculated under ~~this~~ division (E)(1) of this section.	47586

Any reimbursement under this division shall be only for local	47587
resources the school district has applied toward construction cost	47588
expenditures for the classroom facilities approved by the	47589
commission, which shall not include any financing costs associated	47590
with that construction.	47591

The school district board shall use any moneys reimbursed to	47592
the district under this division to pay off any debt service the	47593
district owes for classroom facilities constructed under its	47594
project under this section before such moneys are applied to any	47595
other purpose. However, the district board first may deposit	47596
moneys reimbursed under this division into the district's general	47597
fund or a permanent improvement fund to replace local resources	47598
the district withdrew from those funds, as long as, and to the	47599
extent that, those local resources were used by the district for	47600
constructing classroom facilities included in the district's basic	47601
project cost.	47602

(3) A tangible personal property phase-out impacted district	47603
shall receive credit under division (E) of this section for the	47604
expenditure of local resources pursuant to any prior agreement	47605
authorized by this section, notwithstanding any recalculation of	47606
its average taxable value.	47607

Sec. 3318.37. (A)(1) As used in this section:

47608

(a) "Large land area school district" means a school district	47609
with a territory of greater than three hundred square miles in any	47610
percentile as determined under section 3318.011 of the Revised	47611
Code.	47612

(b) "Low wealth school district" means a school district in	47613
the first through seventy-fifth percentiles as determined under	47614
section 3318.011 of the Revised Code.	47615

(c) A "school district with an exceptional need for immediate	47616
classroom facilities assistance" means a low wealth or large land	47617
area school district with an exceptional need for new facilities	47618
in order to protect the health and safety of all or a portion of	47619
its students.	47620

(2) ~~No school district reasonably expected to be eligible for~~	47621
~~state assistance under sections 3318.01 to 3318.20 of the Revised~~	47622
~~Code within three fiscal years after the year of the application~~	47623
~~for assistance under this section shall be eligible for assistance~~	47624
~~under this section, unless the district's entire classroom~~	47625
~~facilities plan consists of only a single building designed to~~	47626
~~house grades kindergarten through twelve and the district~~	47627
~~satisfies the conditions prescribed in divisions (A)(3)(a) and (b)~~	47628
~~of this section.~~	47629

~~(3)~~ No school district that participates in the school	47630
building assistance expedited local partnership program under	47631
section 3318.36 of the Revised Code shall receive assistance under	47632
the program established under this section unless the following	47633
conditions are satisfied:	47634

(a) The district board adopted a resolution certifying its	47635
intent to participate in the school building assistance expedited	47636
local partnership program under section 3318.36 of the Revised	47637
Code prior to September 14, 2000.	47638

(b) The district was selected by the Ohio school facilities	47639
commission for participation in the school building assistance	47640
expedited local partnership program under section 3318.36 of the	47641
Revised Code in the manner prescribed by the commission under that	47642
section as it existed prior to September 14, 2000.	47643

(B)(1) There is hereby established the exceptional needs	47644
school facilities assistance program. Under the program, the Ohio	47645
school facilities commission may set aside from the moneys	47646
annually appropriated to it for classroom facilities assistance	47647
projects up to twenty-five per cent for assistance to school	47648
districts with exceptional needs for immediate classroom	47649
facilities assistance.	47650

(2)(a) After consulting with education and construction	47651
experts, the commission shall adopt guidelines for identifying	47652
school districts with an exceptional need for immediate classroom	47653
facilities assistance.	47654

(b) The guidelines shall include application forms and	47655
instructions for school districts to use in applying for	47656
assistance under this section.	47657

(3) The commission shall evaluate the classroom facilities,	47658
and the need for replacement classroom facilities from the	47659
applications received under this section. The commission,	47660
utilizing the guidelines adopted under division (B)(2)(a) of this	47661
section, shall prioritize the school districts to be assessed.	47662

Notwithstanding section 3318.02 of the Revised Code, the	47663
commission may conduct on-site evaluation of the school districts	47664
prioritized under this section and approve and award funds until	47665
such time as all funds set aside under division (B)(1) of this	47666
section have been encumbered. However, the commission need not	47667
conduct the evaluation of facilities if the commission determines	47668
that a district's assessment conducted under section 3318.36 of	47669
the Revised Code is sufficient for purposes of this section.	47670

(4) Notwithstanding division (A) of section 3318.05 of the	47671
Revised Code, the school district's portion of the basic project	47672
cost under this section shall be the "required percentage of the	47673
basic project costs," as defined in division (K) of section	47674
3318.01 of the Revised Code.	47675

(5) Except as otherwise specified in this section, any	47676
project undertaken with assistance under this section shall comply	47677
with all provisions of sections 3318.01 to 3318.20 of the Revised	47678
Code. A school district may receive assistance under sections	47679
3318.01 to 3318.20 of the Revised Code for the remainder of the	47680
district's classroom facilities needs as assessed under this	47681
section when the district is eligible for such assistance pursuant	47682
to section 3318.02 of the Revised Code, but any classroom facility	47683
constructed with assistance under this section shall not be	47684
included in a district's project at that time unless the	47685
commission determines the district has experienced the increased	47686
enrollment specified in division (B)(1) of section 3318.04 of the	47687
Revised Code.	47688

(C) No school district shall receive assistance under this	47689
section for a classroom facility that has been included in the	47690
discrete part of the district's classroom facilities needs	47691
identified and addressed in the district's project pursuant to an	47692
agreement entered into under section 3318.36 of the Revised Code,	47693
unless the district's entire classroom facilities plan consists of	47694
only a single building designed to house grades kindergarten	47695
through twelve.	47696

Sec. 3318.371. The Ohio school facilities commission may	47697
provide assistance under the exceptional needs school facilities	47698
program established by section 3318.37 of the Revised Code to any	47699
school district for the purpose of the relocation or replacement	47700
of classroom facilities required as a result of any contamination	47701
of air, soil, or water that impacts the occupants of the facility.	47702
Assistance under this section is not limited to school districts	47703
in the first through seventy-fifth percentiles as determined under	47704
section 3318.011 of the Revised Code.	47705

The commission shall make a determination in accordance with	47706
guidelines adopted by the commission regarding eligibility and	47707
funding for projects under this section. The commission may	47708
contract with an independent environmental consultant to conduct a	47709
study to assist the commission in making the determination.	47710

If the federal government or other public or private entity	47711
provides funds for restitution of costs incurred by the state or	47712
school district in the relocation or replacement of the classroom	47713
facilities, the school district shall use such funds in excess of	47714
the school district's share to refund the state for the state's	47715
contribution to the environmental contamination portion of the	47716
project. The school district may apply an amount of such	47717
restitution funds up to an amount equal to the school district's	47718
portion of the project, as defined by the commission, toward	47719
paying its portion of that project to reduce the amount of bonds	47720
the school district otherwise must issue to receive state	47721
assistance under sections 3318.01 to 3318.20 of the Revised Code.	47722

Sec. 3318.38. (A) As used in this section, "big-eight school	47723
district" has the same meaning as in section 3314.02 of the	47724
Revised Code.	47725

(B) There is hereby established the accelerated urban school	47726
building assistance program. Under the program, notwithstanding	47727
section 3318.02 of the Revised Code, any big-eight school district	47728
that has not been approved to receive assistance under sections	47729
3318.01 to 3318.20 of the Revised Code by July 1, 2002, may	47730
beginning on that date apply for approval of and be approved for	47731
such assistance. Except as otherwise provided in this section, any	47732
project approved and undertaken pursuant to this section shall	47733
comply with all provisions of sections 3318.01 to 3318.20 of the	47734
Revised Code.	47735

The Ohio school facilities commission shall provide	47736
assistance to any big-eight school district eligible for	47737
assistance under this section in the following manner:	47738

(1) Notwithstanding section 3318.02 of the Revised Code:

47739

(a) Not later than June 30, 2002, the commission shall	47740
conduct an on-site visit and shall assess the classroom facilities	47741
needs of each big-eight school district eligible for assistance	47742
under this section;	47743

(b) Beginning July 1, 2002, any big-eight school district	47744
eligible for assistance under this section may apply to the	47745
commission for conditional approval of its project as determined	47746
by the assessment conducted under division (B)(1)(a) of this	47747
section. The commission may conditionally approve that project and	47748
submit it to the controlling board for approval pursuant to	47749
section 3318.04 of the Revised Code.	47750

(2) If the controlling board approves the project of a	47751
big-eight school district eligible for assistance under this	47752
section, the commission and the school district shall enter into	47753
an agreement as prescribed in section 3318.08 of the Revised Code.	47754
Any agreement executed pursuant to this division shall include any	47755
applicable segmentation provisions as approved by the commission	47756
under division (B)(3) of this section.	47757

(3) Notwithstanding any provision to the contrary in sections	47758
3318.05, 3318.06, and 3318.08 of the Revised Code, a big-eight	47759
school district eligible for assistance under this section may	47760
with the approval of the commission opt to divide the project as	47761
approved under division (B)(1)(b) of this section into discrete	47762
segments to be completed sequentially. Any project divided into	47763
segments shall comply with all other provisions of sections	47764
3318.05, 3318.06, and 3318.08 of the Revised Code except as	47765
otherwise specified in this division.	47766

If a project is divided into segments under this division:

47767

(a) The school district need raise only the amount equal to	47768
its proportionate share, as determined under section 3318.032 of	47769
the Revised Code, of each segment at any one time and may seek	47770
voter approval of each segment separately;	47771

(b) The state's proportionate share, as determined under	47772
section 3318.032 of the Revised Code, of only the segment which	47773
has been approved by the school district electors or for which the	47774
district has applied a local donated contribution under section	47775
3318.084 of the Revised Code shall be encumbered in accordance	47776
with section 3318.11 of the Revised Code. Encumbrance of	47777
additional amounts to cover the state's proportionate share of	47778
later segments shall be approved separately as they are approved	47779
by the school district electors or as the district applies a local	47780
donated contribution to the segments under section 3318.084 of the	47781
Revised Code.	47782

(c) The school district's maintenance levy requirement, as	47783
defined in section 3318.18 of the Revised Code, shall run for	47784
twenty-three years from the date the first segment is undertaken.	47785

~~(4) For any project under this section~~(C) In accordance with	47786
division (R) of section 3318.08 of the Revised Code, the state	47787
funds reserved and encumbered and the funds provided by the school	47788
district to pay the basic project cost of any segment of the	47789
project under this section, or of the entire project if it is not	47790
divided into segments, shall be spent on the construction and	47791
acquisition of the project simultaneously in proportion to the	47792
state's and the school district's respective shares of that basic	47793
project cost as determined under section 3318.032 of the Revised	47794
Code.	47795

Sec. 3318.41. (A)(1) The Ohio school facilities commission	47796
annually shall assess the classroom facilities needs of the number	47797
of joint vocational school districts that the commission	47798
reasonably expects to be able to provide assistance to in a fiscal	47799
year, based on the amount set aside for that fiscal year under	47800
division (B) of section 3318.40 of the Revised Code and the order	47801
of priority prescribed in division (B) of section 3318.42 of the	47802
Revised Code, except that in fiscal year 2004 the commission shall	47803
conduct at least the five assessments prescribed in division (E)	47804
of section 3318.40 of the Revised Code.	47805

Upon conducting an assessment of the classroom facilities	47806
needs of a school district, the commission shall make a	47807
determination of all of the following:	47808

(a) The number of classroom facilities to be included in a	47809
project and the basic project cost of acquiring the classroom	47810
facilities included in the project. The number of facilities and	47811
basic project cost shall be determined in accordance with the	47812
specifications adopted under section 3318.311 of the Revised Code	47813
except to the extent that compliance with such specifications is	47814
waived by the commission pursuant to the rule of the commission	47815
adopted under division (F) of section 3318.40 of the Revised Code.	47816

(b) The school district's portion of the basic project cost	47817
as determined under division (C) of section 3318.42 of the Revised	47818
Code;	47819

(c) The remaining portion of the basic project cost that	47820
shall be supplied by the state;	47821

(d) The amount of the state's portion of the basic project	47822
cost to be encumbered in accordance with section 3318.11 of the	47823
Revised Code in the current and subsequent fiscal years from funds	47824
set aside under division (B) of section 3318.40 of the Revised	47825
Code.	47826

(2) Divisions (A), (C), and (D) of section 3318.03 of the	47827
Revised Code apply to any project under sections 3318.40 to	47828
3318.45 of the Revised Code.	47829

(B)(1) If the commission makes a determination under division	47830
(A) of this section in favor of the acquisition of classroom	47831
facilities for a project under sections 3318.40 to 3318.45 of the	47832
Revised Code, such project shall be conditionally approved. Such	47833
conditional approval shall be submitted to the controlling board	47834
for approval. The controlling board shall immediately approve or	47835
reject the commission's determination, conditional approval, the	47836
amount of the state's portion of the basic project cost, and the	47837
amount of the state's portion of the basic project cost to be	47838
encumbered in the current fiscal year. In the event of approval by	47839
the controlling board, the commission shall certify the	47840
conditional approval to the joint vocational school district board	47841
of education and shall encumber the approved funds for the current	47842
fiscal year.	47843

(2) No school district that receives assistance under	47844
sections 3318.40 to 3318.45 of the Revised Code shall have another	47845
such project conditionally approved until the expiration of twenty	47846
years after the school district's prior project was conditionally	47847
approved, unless the school district board demonstrates to the	47848
satisfaction of the commission that the school district has	47849
experienced since conditional approval of its prior project an	47850
exceptional increase in enrollment or program requirements	47851
significantly above the school district's design capacity under	47852
that prior project as determined by rule of the commission. Any	47853
rule adopted by the commission to implement this division shall be	47854
tailored to address the classroom facilities needs of joint	47855
vocational school districts.	47856

(C) In addition to generating the amount of the school	47857
district's portion of the basic project cost as determined under	47858
division (C) of section 3318.42 of the Revised Code, in order for	47859
a school district to receive assistance under sections 3318.40 to	47860
3318.45 of the Revised Code, the school district board shall set	47861
aside school district moneys for the maintenance of the classroom	47862
facilities included in the school district's project in the amount	47863
and manner prescribed in section 3318.43 of the Revised Code.	47864

(D)(1) The conditional approval for a project certified under	47865
division (B)(1) of this section shall lapse and the amount	47866
reserved and encumbered for such project shall be released unless	47867
both of the following conditions are satisfied:	47868

(a) Within one hundred twenty days following the date of	47869
certification of the conditional approval to the joint vocational	47870
school district board, the school district board accepts the	47871
conditional approval and certifies to the commission the school	47872
district board's plan to generate the school district's portion of	47873
the basic project cost, as determined under division (C) of	47874
section 3318.42 of the Revised Code, and to set aside moneys for	47875
maintenance of the classroom facilities acquired under the	47876
project, as prescribed in section 3318.43 of the Revised Code.	47877

(b) Within ~~one year~~thirteen months following the date of	47878
certification of the conditional approval to the school district	47879
board, the electors of the school district vote favorably on any	47880
ballot measures proposed by the school district board to generate	47881
the school district's portion of the basic project cost.	47882

(2) If the school district board or electors fail to satisfy	47883
the conditions prescribed in division (D)(1) of this section and	47884
the amount reserved and encumbered for the school district's	47885
project is released, the school district shall be given first	47886
priority over other joint vocational school districts for project	47887
funding under sections 3318.40 to 3318.45 of the Revised Code as	47888
such funds become available, subject to section 3318.054 of the	47889
Revised Code.	47890

(E) If the conditions prescribed in division (D)(1) of this	47891
section are satisfied, the commission and the school district	47892
board shall enter into an agreement as prescribed in section	47893
3318.08 of the Revised Code and shall proceed with the development	47894
of plans, cost estimates, designs, drawings, and specifications as	47895
prescribed in section 3318.091 of the Revised Code.	47896

(F) Costs in excess of those approved by the commission under	47897
section 3318.091 of the Revised Code shall be payable only as	47898
provided in sections 3318.042 and 3318.083 of the Revised Code.	47899

(G) Advertisement for bids and the award of contracts for	47900
construction of any project under sections 3318.40 to 3318.45 of	47901
the Revised Code shall be conducted in accordance with section	47902
3318.10 of the Revised Code.	47903

(H) ~~The~~In accordance with division (R) of section 3318.08 of	47904
the Revised Code, the state funds reserved and encumbered and the	47905
funds provided by the school district to pay the basic project	47906
cost of a project under sections 3318.40 to 3318.45 of the Revised	47907
Code shall be spent simultaneously in proportion to the state's	47908
and the school district's respective portions of that basic	47909
project cost.	47910

(I) Sections 3318.13, 3318.14, and 3318.16 of the Revised	47911
Code apply to projects under sections 3318.40 to 3318.45 of the	47912
Revised Code.	47913

Sec. 3318.48. (A) When all of the following have occurred, a	47914
project undertaken by a school district pursuant to this chapter	47915
shall be considered complete and the Ohio school facilities	47916
commission shall issue a certificate of completion to the district	47917
board of education:	47918

(1) All facilities to be constructed under the project, as	47919
specified in the project agreement entered into under section	47920
3318.08 of the Revised Code, have been completed and the board has	47921
received a permanent certificate of occupancy for each of those	47922
facilities.	47923

(2) The commission has issued certificates of contract	47924
completion on all prime construction contracts entered into by the	47925
board under section 3318.10 of the Revised Code.	47926

(3) The commission has completed a final accounting of the	47927
district's project construction fund and has determined that all	47928
payments from the fund were made in compliance with all policies	47929
of the commission.	47930

(4) Any litigation concerning the project has been finally	47931
resolved with no chance of appeal.	47932

(5) All construction management services typically provided	47933
by the commission to school districts have been delivered and the	47934
commission has canceled any remaining encumbrance of funds for	47935
those services.	47936

(B) The commission may issue a certificate of completion to a	47937
district board prior to all of the conditions described in	47938
division (A) of this section being satisfied, if the commission	47939
determines that the circumstances preventing the conditions from	47940
being satisfied are so minor in nature that the project should be	47941
considered complete. When issuing a certificate of completion	47942
under this division, the commission may specify any of the	47943
following:	47944

(1) Any construction or work that has yet to be completed and	47945
the manner in which the board shall oversee its completion, which	47946
may include procedures for reporting progress to the commission	47947
and for accounting of expenditures;	47948

(2) Terms and conditions for the resolution of any pending	47949
litigation;	47950

(3) Any remaining responsibilities of the construction	47951
manager regarding the project.	47952

(C) The commission may issue a certificate of completion to a	47953
district board that does not voluntarily participate in the	47954
process of closing out the district's project, if the construction	47955
manager for the project verifies that all facilities to be	47956
constructed under the project, as specified in the project	47957
agreement entered into under section 3318.08 of the Revised Code,	47958
have been completed and the commission determines that those	47959
facilities have been occupied for at least one year. In that case,	47960
all funds due to the commission under division (C) of section	47961
3318.12 of the Revised Code shall be returned to the commission	47962
not later than thirty days after receipt of the certificate of	47963
completion. If the funds due to the commission have not been	47964
returned within sixty days after receipt of the certificate of	47965
completion, the auditor of state shall issue a finding for	47966
recovery against the school district and shall request legal	47967
action under section 117.42 of the Revised Code.	47968

(D) Upon issuance of a certificate of completion under this	47969
section, the commission's ownership of and interest in the	47970
project, as specified in division (F) of section 3318.08 of the	47971
Revised Code, shall cease. This cessation shall not alter or	47972
otherwise affect the state's or commission's interest in the	47973
project or any limitations on the use of the project as specified	47974
in the project agreement pursuant to divisions (G), (M), and (N)	47975
of that section or as specified in section 3318.16 of the Revised	47976
Code.	47977

Sec. 3318.60. (A) As used in this section:

47978

(1) "Acquisition of classroom facilities" means constructing,	47979
reconstructing, repairing, or making additions to classroom	47980
facilities.	47981

(2) "Ohio school facilities commission" and "classroom	47982
facilities" have the same meanings as in section 3318.01 of the	47983
Revised Code.	47984

(B) There is hereby established the college-preparatory	47985
boarding school facilities program. Under the program, the Ohio	47986
school facilities commission shall provide assistance to the	47987
boards of trustees of college-preparatory boarding schools	47988
established under Chapter 3328. of the Revised Code for the	47989
acquisition of classroom facilities.	47990

(C) To be eligible for assistance under this program, a board	47991
of trustees shall secure at least twenty million dollars of	47992
private money to satisfy its share of facilities acquisition. A	47993
board of trustees that receives assistance under the program shall	47994
fund the acquisition of residential facilities and any other	47995
facilities other than classroom facilities through private means.	47996

(D) The lease payments made by the boards of trustees of	47997
college-preparatory boarding schools receiving assistance under	47998
the program shall be deposited into the state treasury and	47999
credited to the common schools capital facilities bond service	48000
fund created in section 151.03 of the Revised Code.	48001

(E) The acquisition of classroom facilities with assistance	48002
provided under the program shall not be subject to sections	48003
3318.01 to 3318.20 of the Revised Code.	48004

(F) Within the ninety-day period immediately following the	48005
effective date of this section, the commission shall adopt rules	48006
necessary for the implementation and administration of the	48007
program.	48008

Sec. 3319.02. (A)(1) As used in this section, "other	48009
administrator" means any of the following:	48010

(a) Except as provided in division (A)(2) of this section,	48011
any employee in a position for which a board of education requires	48012
a license designated by rule of the department of education for	48013
being an administrator issued under section 3319.22 of the Revised	48014
Code, including a professional pupil services employee or	48015
administrative specialist or an equivalent of either one who is	48016
not employed as a school counselor and spends less than fifty per	48017
cent of the time employed teaching or working with students;	48018

(b) Any nonlicensed employee whose job duties enable such	48019
employee to be considered as either a "supervisor" or a	48020
"management level employee," as defined in section 4117.01 of the	48021
Revised Code;	48022

(c) A business manager appointed under section 3319.03 of the	48023
Revised Code.	48024

(2) As used in this section, "other administrator" does not	48025
include a superintendent, assistant superintendent, principal, or	48026
assistant principal.	48027

(B) The board of education of each school district and the	48028
governing board of an educational service center may appoint one	48029
or more assistant superintendents and such other administrators as	48030
are necessary. An assistant educational service center	48031
superintendent or service center supervisor employed on a	48032
part-time basis may also be employed by a local board as a	48033
teacher. The board of each city, exempted village, and local	48034
school district shall employ principals for all high schools and	48035
for such other schools as the board designates, and those boards	48036
may appoint assistant principals for any school that they	48037
designate.	48038

(C) In educational service centers and in city, exempted	48039
village, and local school districts, assistant superintendents,	48040
principals, assistant principals, and other administrators shall	48041
only be employed or reemployed in accordance with nominations of	48042
the superintendent, except that a board of education of a school	48043
district or the governing board of a service center, by a	48044
three-fourths vote of its full membership, may reemploy any	48045
assistant superintendent, principal, assistant principal, or other	48046
administrator whom the superintendent refuses to nominate.	48047

The board of education or governing board shall execute a	48048
written contract of employment with each assistant superintendent,	48049
principal, assistant principal, and other administrator it employs	48050
or reemploys. The term of such contract shall not exceed three	48051
years except that in the case of a person who has been employed as	48052
an assistant superintendent, principal, assistant principal, or	48053
other administrator in the district or center for three years or	48054
more, the term of the contract shall be for not more than five	48055
years and, unless the superintendent of the district recommends	48056
otherwise, not less than two years. If the superintendent so	48057
recommends, the term of the contract of a person who has been	48058
employed by the district or service center as an assistant	48059
superintendent, principal, assistant principal, or other	48060
administrator for three years or more may be one year, but all	48061
subsequent contracts granted such person shall be for a term of	48062
not less than two years and not more than five years. When a	48063
teacher with continuing service status becomes an assistant	48064
superintendent, principal, assistant principal, or other	48065
administrator with the district or service center with which the	48066
teacher holds continuing service status, the teacher retains such	48067
status in the teacher's nonadministrative position as provided in	48068
sections 3319.08 and 3319.09 of the Revised Code.	48069

A board of education or governing board may reemploy an	48070
assistant superintendent, principal, assistant principal, or other	48071
administrator at any regular or special meeting held during the	48072
period beginning on the first day of January of the calendar year	48073
immediately preceding the year of expiration of the employment	48074
contract and ending on the last day of March of the year the	48075
employment contract expires.	48076

Except by mutual agreement of the parties thereto, no	48077
assistant superintendent, principal, assistant principal, or other	48078
administrator shall be transferred during the life of a contract	48079
to a position of lesser responsibility. No contract may be	48080
terminated by a board except pursuant to section 3319.16 of the	48081
Revised Code. No contract may be suspended except pursuant to	48082
section 3319.17 or 3319.171 of the Revised Code. The salaries and	48083
compensation prescribed by such contracts shall not be reduced by	48084
a board unless such reduction is a part of a uniform plan	48085
affecting the entire district or center. The contract shall	48086
specify the employee's administrative position and duties as	48087
included in the job description adopted under division (D) of this	48088
section, the salary and other compensation to be paid for	48089
performance of duties, the number of days to be worked, the number	48090
of days of vacation leave, if any, and any paid holidays in the	48091
contractual year.	48092

An assistant superintendent, principal, assistant principal,	48093
or other administrator is, at the expiration of the current term	48094
of employment, deemed reemployed at the same salary plus any	48095
increments that may be authorized by the board, unless such	48096
employee notifies the board in writing to the contrary on or	48097
before the first day of June, or unless such board, on or before	48098
the last day of March of the year in which the contract of	48099
employment expires, either reemploys such employee for a	48100
succeeding term or gives written notice of its intention not to	48101
reemploy the employee. The term of reemployment of a person	48102
reemployed under this paragraph shall be one year, except that if	48103
such person has been employed by the school district or service	48104
center as an assistant superintendent, principal, assistant	48105
principal, or other administrator for three years or more, the	48106
term of reemployment shall be two years.	48107

(D)(1) Each board shall adopt procedures for the evaluation	48108
of all assistant superintendents, principals, assistant	48109
principals, and other administrators and shall evaluate such	48110
employees in accordance with those procedures. The procedures for	48111
the evaluation of principals shall be based on principles	48112
comparable to the teacher evaluation policy adopted by the board	48113
under section 3319.111 of the Revised Code, including the	48114
requirement for at least fifty per cent of each evaluation to be	48115
based on measures of student academic growth, but shall be	48116
tailored to the duties and responsibilities of principals and the	48117
environment in which principals work. An evaluation based upon	48118
~~such~~ procedures adopted under this division shall be considered by	48119
the board in deciding whether to renew the contract of employment	48120
of an assistant superintendent, principal, assistant principal, or	48121
other administrator. In the case of a principal, the evaluation	48122
also shall be considered in making decisions about compensation,	48123
termination, reductions in force, and professional development.	48124

(2) The evaluation shall measure each assistant	48125
superintendent's, principal's, assistant principal's, and other	48126
administrator's effectiveness in performing the duties included in	48127
the job description and the evaluation procedures shall provide	48128
for, but not be limited to, the following:	48129

(a) Each assistant superintendent, principal, assistant	48130
principal, and other administrator shall be evaluated annually	48131
through a written evaluation process.	48132

(b) The evaluation shall be conducted by the superintendent	48133
or designee.	48134

(c) In order to provide time to show progress in correcting	48135
the deficiencies identified in the evaluation process, the	48136
evaluation process shall be completed as follows:	48137

(i) In any school year that the employee's contract of	48138
employment is not due to expire, at least one evaluation shall be	48139
completed in that year. A written copy of the evaluation shall be	48140
provided to the employee no later than the end of the employee's	48141
contract year as defined by the employee's annual salary notice.	48142

(ii) In any school year that the employee's contract of	48143
employment is due to expire, at least a preliminary evaluation and	48144
at least a final evaluation shall be completed in that year. A	48145
written copy of the preliminary evaluation shall be provided to	48146
the employee at least sixty days prior to any action by the board	48147
on the employee's contract of employment. The final evaluation	48148
shall indicate the superintendent's intended recommendation to the	48149
board regarding a contract of employment for the employee. A	48150
written copy of the evaluation shall be provided to the employee	48151
at least five days prior to the board's acting to renew or not	48152
renew the contract.	48153

(3) Termination of an assistant superintendent, principal,	48154
assistant principal, or other administrator's contract shall be	48155
pursuant to section 3319.16 of the Revised Code. Suspension of any	48156
such employee shall be pursuant to section 3319.17 or 3319.171 of	48157
the Revised Code.	48158

(4) Before taking action to renew or nonrenew the contract of	48159
an assistant superintendent, principal, assistant principal, or	48160
other administrator under this section and prior to the last day	48161
of March of the year in which such employee's contract expires,	48162
the board shall notify each such employee of the date that the	48163
contract expires and that the employee may request a meeting with	48164
the board. Upon request by such an employee, the board shall grant	48165
the employee a meeting in executive session. In that meeting, the	48166
board shall discuss its reasons for considering renewal or	48167
nonrenewal of the contract. The employee shall be permitted to	48168
have a representative, chosen by the employee, present at the	48169
meeting.	48170

(5) The establishment of an evaluation procedure shall not	48171
create an expectancy of continued employment. Nothing in division	48172
(D) of this section shall prevent a board from making the final	48173
determination regarding the renewal or nonrenewal of the contract	48174
of any assistant superintendent, principal, assistant principal,	48175
or other administrator. However, if a board fails to provide	48176
evaluations pursuant to division (D)(2)(c)(i) or (ii) of this	48177
section, or if the board fails to provide at the request of the	48178
employee a meeting as prescribed in division (D)(4) of this	48179
section, the employee automatically shall be reemployed at the	48180
same salary plus any increments that may be authorized by the	48181
board for a period of one year, except that if the employee has	48182
been employed by the district or service center as an assistant	48183
superintendent, principal, assistant principal, or other	48184
administrator for three years or more, the period of reemployment	48185
shall be for two years.	48186

(E) On nomination of the superintendent of a service center a	48187
governing board may employ supervisors who shall be employed under	48188
written contracts of employment for terms not to exceed five years	48189
each. Such contracts may be terminated by a governing board	48190
pursuant to section 3319.16 of the Revised Code. Any supervisor	48191
employed pursuant to this division may terminate the contract of	48192
employment at the end of any school year after giving the board at	48193
least thirty days' written notice prior to such termination. On	48194
the recommendation of the superintendent the contract or contracts	48195
of any supervisor employed pursuant to this division may be	48196
suspended for the remainder of the term of any such contract	48197
pursuant to section 3319.17 or 3319.171 of the Revised Code.	48198

(F) A board may establish vacation leave for any individuals	48199
employed under this section. Upon such an individual's separation	48200
from employment, a board that has such leave may compensate such	48201
an individual at the individual's current rate of pay for all	48202
lawfully accrued and unused vacation leave credited at the time of	48203
separation, not to exceed the amount accrued within three years	48204
before the date of separation. In case of the death of an	48205
individual employed under this section, such unused vacation leave	48206
as the board would have paid to the individual upon separation	48207
under this section shall be paid in accordance with section	48208
2113.04 of the Revised Code, or to the estate.	48209

(G) The board of education of any school district may	48210
contract with the governing board of the educational service	48211
center from which it otherwise receives services to conduct	48212
searches and recruitment of candidates for assistant	48213
superintendent, principal, assistant principal, and other	48214
administrator positions authorized under this section.	48215

Sec. 3319.08. (A) The board of education of each city,	48216
exempted village, local, and joint vocational school district and	48217
the governing board of each educational service center shall enter	48218
into written contracts for the employment and reemployment of all	48219
teachers. Contracts for the employment of teachers shall be of two	48220
types, limited contracts and continuing contracts. The board of	48221
each school district or service center that authorizes	48222
compensation in addition to the ~~base~~ salary ~~stated in the~~	48223
~~teachers' salary schedule~~paid under section 3317.14 or 3317.141	48224
of the Revised Code for the performance of duties by a teacher	48225
that are in addition to the teacher's regular teaching duties,	48226
shall enter into a supplemental written contract with each teacher	48227
who is to perform additional duties. Such supplemental written	48228
contracts shall be limited contracts. Such written contracts and	48229
supplemental written contracts shall set forth the teacher's	48230
duties and shall specify the salaries and compensation to be paid	48231
for regular teaching duties and additional teaching duties,	48232
respectively, either or both of which may be increased but not	48233
diminished during the term for which the contract is made, except	48234
as provided in section 3319.12 of the Revised Code.	48235

If a board adopts a motion or resolution to employ a teacher	48236
under a limited or continuing contract and the teacher accepts	48237
such employment, the failure of such parties to execute a written	48238
contract shall not void such employment contract.	48239

(B) Teachers must be paid for all time lost when the schools	48240
in which they are employed are closed due to an epidemic or other	48241
public calamity, and for time lost due to illness or otherwise for	48242
not less than five days annually as authorized by regulations	48243
which each board shall adopt.	48244

48245

(1) For a superintendent, a contract for such term as	48246
authorized by section 3319.01 of the Revised Code;	48247

(2) For an assistant superintendent, principal, assistant	48248
principal, or other administrator, a contract for such term as	48249
authorized by section 3319.02 of the Revised Code;	48250

(3) For a classroom teacher, a contract for a term not to	48251
exceed the following:	48252

(a) Five years, in the case of a contract entered into prior	48253
to the effective date of this amendment;	48254

(b) A term as authorized in division (D) of this section, in	48255
the case of a contract entered into on or after the effective date	48256
of this amendment.	48257

(4) For all other teachers, a contract for a term not to	48258
exceed five years.	48259

(D) The term of an initial limited contract for a classroom	48260
teacher described in division (C)(3)(b) of this section shall not	48261
exceed three years. Any subsequent limited contract entered into	48262
with that classroom teacher shall be for a term of not less than	48263
two years and not more than five years.	48264

(E) A continuing contract is a contract that remains in	48265
effect until the teacher resigns, elects to retire, or is retired	48266
pursuant to former section 3307.37 of the Revised Code, or becomes	48267
subject to division (F) of section 3319.111 of the Revised Code,	48268
or until it is terminated or suspended and shall be granted only	48269
to the following:	48270

(1) Any teacher holding a professional, permanent, or life	48271
teacher's certificate;	48272

(2) Any teacher who ~~meets~~met the following conditions prior	48273
to the effective date of this amendment:	48274

(a) The teacher was initially issued a teacher's certificate	48275
or educator license prior to January 1, 2011.	48276

(b) The teacher ~~holds~~held a professional educator license	48277
issued under section 3319.22 or 3319.222 or former section 3319.22	48278
of the Revised Code or a senior professional educator license or	48279
lead professional educator license issued under section 3319.22 of	48280
the Revised Code.	48281

(c) The teacher ~~has~~had completed the applicable one of the	48282
following:	48283

(i) If the teacher did not hold a master's degree at the time	48284
of initially receiving a teacher's certificate under former law or	48285
an educator license, thirty semester hours of coursework in the	48286
area of licensure or in an area related to the teaching field	48287
since the initial issuance of such certificate or license, as	48288
specified in rules which the state board of education shall adopt;	48289

(ii) If the teacher held a master's degree at the time of	48290
initially receiving a teacher's certificate under former law or an	48291
educator license, six semester hours of graduate coursework in the	48292
area of licensure or in an area related to the teaching field	48293
since the initial issuance of such certificate or license, as	48294
specified in rules which the state board shall adopt.	48295

~~(3) Any teacher who meets the following conditions:~~

48296

~~(a) The teacher never held a teacher's certificate and was~~	48297
~~initially issued an educator license on or after January 1, 2011.~~	48298

~~(b) The teacher holds a professional educator license, senior~~	48299
~~professional educator license, or lead professional educator~~	48300
~~license issued under section 3319.22 of the Revised Code.~~	48301

~~(c) The teacher has held an educator license for at least~~	48302
~~seven years.~~	48303

~~(d) The teacher has completed the applicable one of the~~	48304
~~following:~~	48305

~~(i) If the teacher did not hold a master's degree at the time~~	48306
~~of initially receiving an educator license, thirty semester hours~~	48307
~~of coursework in the area of licensure or in an area related to~~	48308
~~the teaching field since the initial issuance of that license, as~~	48309
~~specified in rules which the state board shall adopt;~~	48310

~~(ii) If the teacher held a master's degree at the time of~~	48311
~~initially receiving an educator license, six semester hours of~~	48312
~~graduate coursework in the area of licensure or in an area related~~	48313
~~to the teaching field since the initial issuance of that license,~~	48314
~~as specified in rules which the state board shall adopt.~~	48315

~~(E)~~(F) Division ~~(D)~~(E) of this section applies only to	48316
continuing contracts entered into on or after ~~the effective date~~	48317
~~of this amendment~~the effective date of the amendment of this	48318
section by H.B. 153 of the 129th general assembly. Nothing in that	48319
division shall be construed to void or otherwise affect a	48320
continuing contract entered into prior to that date.	48321

Notwithstanding any provision to the contrary in Chapter	48322
4117. of the Revised Code~~, the~~:	48323

(1) The requirements of division ~~(D)~~(E)(3) of this section,	48324
as it existed prior to the effective date of this amendment,	48325
prevail over any conflicting provisions of a collective bargaining	48326
agreement entered into ~~on or after the effective date of this~~	48327
~~amendment~~between October 16, 2009, and that effective date.	48328

(2) The requirements of division (E) of this section, as it	48329
exists on and after the effective date of this amendment, prevail	48330
over any conflicting provisions of a collective bargaining	48331
agreement entered into on or after that effective date.	48332

~~(F)~~(G) Wherever the term "educator license" is used in this	48333
section without reference to a specific type of educator license,	48334
the term does not include an educator license for substitute	48335
teaching issued under section 3319.226 of the Revised Code.	48336

Sec. 3319.088. As used in this section, "educational	48337
assistant" means any nonteaching employee in a school district who	48338
directly assists a teacher as defined in section 3319.09 of the	48339
Revised Code, by performing duties for which a license issued	48340
pursuant to sections 3319.22 to 3319.30 of the Revised Code is not	48341
required.	48342

(A) The state board of education shall issue educational aide	48343
permits and educational paraprofessional licenses for educational	48344
assistants and shall adopt rules for the issuance and renewal of	48345
such permits and licenses which shall be consistent with the	48346
provisions of this section. Educational aide permits and	48347
educational paraprofessional licenses may be of several types and	48348
the rules shall prescribe the minimum qualifications of education,	48349
health, and character for the service to be authorized under each	48350
type. The prescribed minimum qualifications may require special	48351
training or educational courses designed to qualify a person to	48352
perform effectively the duties authorized under an educational	48353
aide permit or educational paraprofessional license.	48354

(B)(1) Any application for a permit or license, or a renewal	48355
or duplicate of a permit or license, under this section shall be	48356
accompanied by the payment of a fee in the amount established	48357
under division (A) of section 3319.51 of the Revised Code. Any	48358
fees received under this division shall be paid into the state	48359
treasury to the credit of the state board of education licensure	48360
fund established under division (B) of section 3319.51 of the	48361
Revised Code.	48362

(2) Any person applying for or holding a permit or license	48363
pursuant to this section is subject to sections 3123.41 to 3123.50	48364
of the Revised Code and any applicable rules adopted under section	48365
3123.63 of the Revised Code and sections 3319.31 and 3319.311 of	48366
the Revised Code.	48367

(C) Educational assistants shall at all times while in the	48368
performance of their duties be under the supervision and direction	48369
of a teacher as defined in section 3319.09 of the Revised Code.	48370
Educational assistants may assist a teacher to whom assigned in	48371
the supervision of pupils, in assisting with instructional tasks,	48372
and in the performance of duties which, in the judgment of the	48373
teacher to whom the assistant is assigned, may be performed by a	48374
person not licensed pursuant to sections 3319.22 to 3319.30 of the	48375
Revised Code and for which a teaching license, issued pursuant to	48376
sections 3319.22 to 3319.30 of the Revised Code is not required.	48377
The duties of an educational assistant shall not include the	48378
assignment of grades to pupils. The duties of an educational	48379
assistant need not be performed in the physical presence of the	48380
teacher to whom assigned, but the activity of an educational	48381
assistant shall at all times be under the direction of the teacher	48382
to whom assigned. The assignment of an educational assistant need	48383
not be limited to assisting a single teacher. In the event an	48384
educational assistant is assigned to assist more than one teacher	48385
the assignments shall be clearly delineated and so arranged that	48386
the educational assistant shall never be subject to simultaneous	48387
supervision or direction by more than one teacher.	48388

Educational assistants assigned to supervise children shall,	48389
when the teacher to whom assigned is not physically present,	48390
maintain the degree of control and discipline that would be	48391
maintained by the teacher.	48392

Educational assistants may not be used in place of classroom	48393
teachers or other employees and any payment of compensation by	48394
boards of education to educational assistants for such services is	48395
prohibited. The ratio between the number of licensed teachers and	48396
the pupils in a school district may not be decreased by	48397
utilization of educational assistants and no grouping, or other	48398
organization of pupils, for utilization of educational assistants	48399
shall be established which is inconsistent with sound educational	48400
practices and procedures. A school district may employ up to one	48401
full time equivalent educational assistant for each six full time	48402
equivalent licensed employees of the district. Educational	48403
assistants shall not be counted as licensed employees for purposes	48404
of state support in the school foundation program and no grouping	48405
or regrouping of pupils with educational assistants may be counted	48406
as a class or unit for school foundation program purposes. Neither	48407
special courses required by the regulations of the state board of	48408
education, prescribing minimum qualifications of education for an	48409
educational assistant, nor years of service as an educational	48410
assistant shall be counted in any way toward qualifying for a	48411
teacher license,or for a teacher contract of any type~~, or for~~	48412
~~determining placement on a salary schedule in a school district as~~	48413
~~a teacher~~.	48414

(D) Educational assistants employed by a board of education	48415
shall have all rights, benefits, and legal protection available to	48416
other nonteaching employees in the school district, except that	48417
provisions of Chapter 124. of the Revised Code shall not apply to	48418
any person employed as an educational assistant, and shall be	48419
members of the school employees retirement system. Educational	48420
assistants shall be compensated according to a salary plan adopted	48421
annually by the board.	48422

Except as provided in this section nonteaching employees	48423
shall not serve as educational assistants without first obtaining	48424
an appropriate educational aide permit or educational	48425
paraprofessional license from the state board of education. A	48426
nonteaching employee who is the holder of a valid educational aide	48427
permit or educational paraprofessional license shall neither	48428
render nor be required to render services inconsistent with the	48429
type of services authorized by the permit or license held. No	48430
person shall receive compensation from a board of education for	48431
services rendered as an educational assistant in violation of this	48432
provision.	48433

Nonteaching employees whose functions are solely	48434
secretarial-clerical and who do not perform any other duties as	48435
educational assistants, even though they assist a teacher and work	48436
under the direction of a teacher shall not be required to hold a	48437
permit or license issued pursuant to this section. Students	48438
preparing to become licensed teachers or educational assistants	48439
shall not be required to hold an educational aide permit or	48440
paraprofessional license for such periods of time as such students	48441
are assigned, as part of their training program, to work with a	48442
teacher in a school district. Such students shall not be	48443
compensated for such services.	48444

Following the determination of the assignment and general job	48445
description of an educational assistant and subject to supervision	48446
by the teacher's immediate administrative officer, a teacher to	48447
whom an educational assistant is assigned shall make all final	48448
determinations of the duties to be assigned to such assistant.	48449
Teachers shall not be required to hold a license designated for	48450
being a supervisor or administrator in order to perform the	48451
necessary supervision of educational assistants.	48452

(E) No person who is, or who has been employed as an	48453
educational assistant shall divulge, except to the teacher to whom	48454
assigned, or the administrator of the school in the absence of the	48455
teacher to whom assigned, or when required to testify in a court	48456
or proceedings, any personal information concerning any pupil in	48457
the school district which was obtained or obtainable by the	48458
educational assistant while so employed. Violation of this	48459
provision is grounds for disciplinary action or dismissal, or	48460
both.	48461

Sec. 3319.11. (A) As used in this section:

48462

(1) "Evaluation procedures" means the procedures required by	48463
the policy adopted pursuant to division ~~(B)~~(A) of section 3319.111	48464
of the Revised Code.	48465

(2) "Limited contract" means a limited contract, as described	48466
in section 3319.08 of the Revised Code, that a school district	48467
board of education or governing board of an educational service	48468
center enters into with a teacher who is not eligible for	48469
continuing service status.	48470

(3) "Extended limited contract" means a limited contract, as	48471
described in section 3319.08 of the Revised Code, that a board of	48472
education or governing board enters into with a teacher who is	48473
eligible for continuing service status.	48474

(B) Teachers eligible for continuing service status in any	48475
city, exempted village, local, or joint vocational school district	48476
or educational service center shall be those teachers qualified as	48477
described in division ~~(D)~~(E) of section 3319.08 of the Revised	48478
Code, who within the ~~last~~ five years prior to the effective date	48479
of this amendment have taught for at least three years in the	48480
district or center, and those teachers who, having attained	48481
continuing contract status elsewhere, have served two years in the	48482
district or center, but the board, upon the recommendation of the	48483
superintendent, may at the time of employment or at any time	48484
within such two-year period, declare any of the latter teachers	48485
eligible. Notwithstanding any provision to the contrary in Chapter	48486
4117. of the Revised Code, the requirements of this paragraph	48487
prevail over any conflicting provisions of a collective bargaining	48488
agreement entered into on or after the effective date of this	48489
amendment.	48490

(1) Upon the recommendation of the superintendent that a	48491
teacher eligible for continuing service status be reemployed, a	48492
continuing contract shall be entered into between the board and	48493
the teacher unless the board by a three-fourths vote of its full	48494
membership rejects the recommendation of the superintendent. If	48495
the board rejects by a three-fourths vote of its full membership	48496
the recommendation of the superintendent that a teacher eligible	48497
for continuing service status be reemployed and the superintendent	48498
makes no recommendation to the board pursuant to division (C) of	48499
this section, the board may declare its intention not to reemploy	48500
the teacher by giving the teacher written notice on or before the	48501
thirtieth day of April of its intention not to reemploy the	48502
teacher. If evaluation procedures have not been complied with	48503
pursuant to ~~division (A) of~~ section 3319.111 of the Revised Code	48504
or the board does not give the teacher written notice on or before	48505
the thirtieth day of April of its intention not to reemploy the	48506
teacher, the teacher is deemed reemployed under an extended	48507
limited contract for a term ~~not to exceed one year~~of two years at	48508
the same salary plus any increment provided by the salary	48509
schedule. The teacher is presumed to have accepted employment	48510
under the extended limited contract for a term ~~not to exceed one~~	48511
~~year~~of two years unless such teacher notifies the board in	48512
writing to the contrary on or before the first day of June, and an	48513
extended limited contract for a term ~~not to exceed one year~~of	48514
two years shall be executed accordingly. Upon any subsequent	48515
reemployment of the teacher only a continuing contract may be	48516
entered into.	48517

(2) If the superintendent recommends that a teacher eligible	48518
for continuing service status not be reemployed, the board may	48519
declare its intention not to reemploy the teacher by giving the	48520
teacher written notice on or before the thirtieth day of April of	48521
its intention not to reemploy the teacher. If evaluation	48522
procedures have not been complied with pursuant to ~~division (A) of~~	48523
section 3319.111 of the Revised Code or the board does not give	48524
the teacher written notice on or before the thirtieth day of April	48525
of its intention not to reemploy the teacher, the teacher is	48526
deemed reemployed under an extended limited contract for a term	48527
~~not to exceed one year~~of two years at the same salary plus any	48528
increment provided by the salary schedule. The teacher is presumed	48529
to have accepted employment under the extended limited contract	48530
for a term ~~not to exceed one year~~of two years unless such	48531
teacher notifies the board in writing to the contrary on or before	48532
the first day of June, and an extended limited contract for a term	48533
~~not to exceed one year~~of two years shall be executed accordingly.	48534
Upon any subsequent reemployment of a teacher only a continuing	48535
contract may be entered into.	48536

(3) Any teacher receiving written notice of the intention of	48537
a board not to reemploy such teacher pursuant to this division is	48538
entitled to the hearing provisions of division (G) of this	48539
section.	48540

(C)(1) If a board rejects the recommendation of the	48541
superintendent for reemployment of a teacher pursuant to division	48542
(B)(1) of this section, the superintendent may recommend	48543
reemployment of the teacher, if continuing service status has not	48544
previously been attained elsewhere, under an extended limited	48545
contract for a term ~~not to exceed~~of two years, provided that	48546
written notice of the superintendent's intention to make such	48547
recommendation has been given to the teacher with reasons directed	48548
at the professional improvement of the teacher on or before the	48549
thirtieth day of April. Upon subsequent reemployment of the	48550
teacher only a continuing contract may be entered into.	48551

(2) If a board of education takes affirmative action on a	48552
superintendent's recommendation, made pursuant to division (C)(1)	48553
of this section, of an extended limited contract ~~for a term not to~~	48554
~~exceed two years~~ but the board does not give the teacher written	48555
notice of its affirmative action on the superintendent's	48556
recommendation of an extended limited contract on or before the	48557
thirtieth day of April, the teacher is deemed reemployed under a	48558
continuing contract at the same salary plus any increment provided	48559
by the salary schedule. The teacher is presumed to have accepted	48560
employment under such continuing contract unless such teacher	48561
notifies the board in writing to the contrary on or before the	48562
first day of June, and a continuing contract shall be executed	48563
accordingly.	48564

(3) A board shall not reject a superintendent's	48565
recommendation, made pursuant to division (C)(1) of this section,	48566
of an extended limited contract ~~for a term not to exceed two years~~	48567
except by a three-fourths vote of its full membership. If a board	48568
rejects by a three-fourths vote of its full membership the	48569
recommendation of the superintendent of an extended limited	48570
contract ~~for a term not to exceed two years~~, the board may declare	48571
its intention not to reemploy the teacher by giving the teacher	48572
written notice on or before the thirtieth day of April of its	48573
intention not to reemploy the teacher. If evaluation procedures	48574
have not been complied with pursuant to ~~division (A) of~~ section	48575
3319.111 of the Revised Code or if the board does not give the	48576
teacher written notice on or before the thirtieth day of April of	48577
its intention not to reemploy the teacher, the teacher is deemed	48578
reemployed under an extended limited contract for a term ~~not to~~	48579
~~exceed one year~~of two years at the same salary plus any increment	48580
provided by the salary schedule. The teacher is presumed to have	48581
accepted employment under the extended limited contract for a term	48582
~~not to exceed one year~~of two years unless such teacher notifies	48583
the board in writing to the contrary on or before the first day of	48584
June, and an extended limited contract for a term ~~not to exceed~~	48585
~~one year~~of two years shall be executed accordingly. Upon any	48586
subsequent reemployment of the teacher only a continuing contract	48587
may be entered into.	48588

Any teacher receiving written notice of the intention of a	48589
board not to reemploy such teacher pursuant to this division is	48590
entitled to the hearing provisions of division (G) of this	48591
section.	48592

(D) A teacher eligible for continuing contract status	48593
employed under an extended limited contract pursuant to division	48594
(B) or (C) of this section, is, at the expiration of such extended	48595
limited contract, deemed reemployed under a continuing contract at	48596
the same salary plus any increment granted by the salary schedule,	48597
unless evaluation procedures have been complied with pursuant to	48598
~~division (A) of~~ section 3319.111 of the Revised Code and the	48599
employing board, acting on the superintendent's recommendation	48600
that the teacher not be reemployed, gives the teacher written	48601
notice on or before the thirtieth day of April of its intention	48602
not to reemploy such teacher. A teacher who does not have	48603
evaluation procedures applied in compliance with ~~division (A) of~~	48604
section 3319.111 of the Revised Code or who does not receive	48605
notice on or before the thirtieth day of April of the intention of	48606
the board not to reemploy such teacher is presumed to have	48607
accepted employment under a continuing contract unless such	48608
teacher notifies the board in writing to the contrary on or before	48609
the first day of June, and a continuing contract shall be executed	48610
accordingly.	48611

Any teacher receiving a written notice of the intention of a	48612
board not to reemploy such teacher pursuant to this division is	48613
entitled to the hearing provisions of division (G) of this	48614
section.	48615

(E) AThe board shall enter into a limited contract ~~may be~~	48616
~~entered into by each board with each teacher who has not been in~~	48617
~~the employ of the board for at least three years and shall be~~	48618
~~entered into, regardless of length of previous employment,~~ with	48619
each teacher employed by the board who is not eligible to be	48620
considered for a continuing contract.	48621

Any teacher employed under a limited contract, and not	48622
eligible to be considered for a continuing contract, is, at the	48623
expiration of such limited contract, considered reemployed under	48624
the provisions of this division at the same salary plus any	48625
increment provided by the salary schedule unless evaluation	48626
procedures have been complied with pursuant to ~~division (A) of~~	48627
section 3319.111 of the Revised Code and the employing board,	48628
acting upon the superintendent's written recommendation that the	48629
teacher not be reemployed, gives such teacher written notice of	48630
its intention not to reemploy such teacher on or before the	48631
thirtieth day of April. A teacher who does not have evaluation	48632
procedures applied in compliance with ~~division (A) of~~ section	48633
3319.111 of the Revised Code or who does not receive notice of the	48634
intention of the board not to reemploy such teacher on or before	48635
the thirtieth day of April is presumed to have accepted such	48636
employment unless such teacher notifies the board in writing to	48637
the contrary on or before the first day of June, and a written	48638
contract for the succeeding school year shall be executed	48639
accordingly.	48640

Any teacher receiving a written notice of the intention of a	48641
board not to reemploy such teacher pursuant to this division is	48642
entitled to the hearing provisions of division (G) of this	48643
section.	48644

(F) The failure of a superintendent to make a recommendation	48645
to the board under any of the conditions set forth in divisions	48646
(B) to (E) of this section, or the failure of the board to give	48647
such teacher a written notice pursuant to divisions (C) to (E) of	48648
this section shall not prejudice or prevent a teacher from being	48649
deemed reemployed under either a limited or continuing contract as	48650
the case may be under the provisions of this section. A failure of	48651
the parties to execute a written contract shall not void any	48652
automatic reemployment provisions of this section.	48653

(G)(1) Any teacher receiving written notice of the intention	48654
of a board of education not to reemploy such teacher pursuant to	48655
division (B), (C)(3), (D), or (E) of this section may, within ten	48656
days of the date of receipt of the notice, file with the treasurer	48657
of the board a written demand for a written statement describing	48658
the circumstances that led to the board's intention not to	48659
reemploy the teacher.	48660

(2) The treasurer of a board, on behalf of the board, shall,	48661
within ten days of the date of receipt of a written demand for a	48662
written statement pursuant to division (G)(1) of this section,	48663
provide to the teacher a written statement describing the	48664
circumstances that led to the board's intention not to reemploy	48665
the teacher.	48666

(3) Any teacher receiving a written statement describing the	48667
circumstances that led to the board's intention not to reemploy	48668
the teacher pursuant to division (G)(2) of this section may,	48669
within five days of the date of receipt of the statement, file	48670
with the treasurer of the board a written demand for a hearing	48671
before the board pursuant to divisions (G)(4) to (6) of this	48672
section.	48673

(4) The treasurer of a board, on behalf of the board, shall,	48674
within ten days of the date of receipt of a written demand for a	48675
hearing pursuant to division (G)(3) of this section, provide to	48676
the teacher a written notice setting forth the time, date, and	48677
place of the hearing. The board shall schedule and conclude the	48678
hearing within forty days of the date on which the treasurer of	48679
the board receives a written demand for a hearing pursuant to	48680
division (G)(3) of this section.	48681

(5) Any hearing conducted pursuant to this division shall be	48682
conducted by a majority of the members of the board. The hearing	48683
shall be held in executive session of the board unless the board	48684
and the teacher agree to hold the hearing in public. The	48685
superintendent, assistant superintendent, the teacher, and any	48686
person designated by either party to take a record of the hearing	48687
may be present at the hearing. The board may be represented by	48688
counsel and the teacher may be represented by counsel or a	48689
designee. A record of the hearing may be taken by either party at	48690
the expense of the party taking the record.	48691

(6) Within ten days of the conclusion of a hearing conducted	48692
pursuant to this division, the board shall issue to the teacher a	48693
written decision containing an order affirming the intention of	48694
the board not to reemploy the teacher reported in the notice given	48695
to the teacher pursuant to division (B), (C)(3), (D), or (E) of	48696
this section or an order vacating the intention not to reemploy	48697
and expunging any record of the intention, notice of the	48698
intention, and the hearing conducted pursuant to this division.	48699

(7) A teacher may appeal an order affirming the intention of	48700
the board not to reemploy the teacher to the court of common pleas	48701
of the county in which the largest portion of the territory of the	48702
school district or service center is located, within thirty days	48703
of the date on which the teacher receives the written decision, on	48704
the grounds that the board has not complied with this section or	48705
section 3319.111 of the Revised Code.	48706

Notwithstanding section 2506.04 of the Revised Code, the	48707
court in an appeal under this division is limited to the	48708
determination of procedural errors and to ordering the correction	48709
of procedural errors and shall have no jurisdiction to order a	48710
board to reemploy a teacher, except that the court may order a	48711
board to reemploy a teacher in compliance with the requirements of	48712
division (B), (C)(3), (D), or (E) of this section when the court	48713
determines that evaluation procedures have not been complied with	48714
pursuant to ~~division (A) of~~ section 3319.111 of the Revised Code	48715
or the board has not given the teacher written notice on or before	48716
the thirtieth day of April of its intention not to reemploy the	48717
teacher pursuant to division (B), (C)(3), (D), or (E) of this	48718
section. Otherwise, the determination whether to reemploy or not	48719
reemploy a teacher is solely a board's determination and not a	48720
proper subject of judicial review and, except as provided in this	48721
division, no decision of a board whether to reemploy or not	48722
reemploy a teacher shall be invalidated by the court on any basis,	48723
including that the decision was not warranted by the results of	48724
any evaluation or was not warranted by any statement given	48725
pursuant to division (G)(2) of this section.	48726

No appeal of an order of a board may be made except as	48727
specified in this division.	48728

(H)(1) In giving a teacher any notice required by division	48729
(B), (C), (D), or (E) of this section, the board or the	48730
superintendent shall do either of the following:	48731

(a) Deliver the notice by personal service upon the teacher;

48732

(b) Deliver the notice by certified mail, return receipt	48733
requested, addressed to the teacher at the teacher's place of	48734
employment and deliver a copy of the notice by certified mail,	48735
return receipt requested, addressed to the teacher at the	48736
teacher's place of residence.	48737

(2) In giving a board any notice required by division (B),	48738
(C), (D), or (E) of this section, the teacher shall do either of	48739
the following:	48740

(a) Deliver the notice by personal delivery to the office of	48741
the superintendent during regular business hours;	48742

(b) Deliver the notice by certified mail, return receipt	48743
requested, addressed to the office of the superintendent and	48744
deliver a copy of the notice by certified mail, return receipt	48745
requested, addressed to the president of the board at the	48746
president's place of residence.	48747

(3) When any notice and copy of the notice are mailed	48748
pursuant to division (H)(1)(b) or (2)(b) of this section, the	48749
notice or copy of the notice with the earlier date of receipt	48750
shall constitute the notice for the purposes of division (B), (C),	48751
(D), or (E) of this section.	48752

(I) The provisions of this section shall not apply to any	48753
supplemental written contracts entered into pursuant to section	48754
3319.08 of the Revised Code.	48755

Sec. 3319.111. (A) ~~Any~~Not later than July 1, 2012, the	48756
board of education ~~that~~of each school district, in consultation	48757
with teachers employed by the board, shall adopt a policy for the	48758
evaluation of teachers that complies with this section. The board	48759
shall submit its policy to the superintendent of public	48760
instruction for approval prior to implementing the policy.	48761

The policy shall utilize the framework for evaluation of	48762
teachers developed under section 3319.112 of the Revised Code and	48763
shall specify the relative weight of each factor described in	48764
divisions (A)(1) to (3) of that section in the overall evaluation	48765
and how each of those factors will be assessed. The policy may	48766
require evaluations to include consideration of additional aspects	48767
of teacher performance designated by the board. The policy shall	48768
establish a teacher evaluation system that does the following:	48769

(1) Requires at least fifty per cent of each evaluation to be	48770
based on measures of student academic growth in accordance with	48771
division (B) of this section;	48772

(2) Is evidence-based and uses multiple measures of a	48773
teacher's use of knowledge and skills and of students' academic	48774
progress;	48775

(3) Is aligned with the standards for teachers adopted under	48776
section 3319.61 of the Revised Code;	48777

(4) Provides statements of expectation for professional	48778
performance and establishes specific criteria of expected job	48779
performance in the areas of responsibility assigned to the	48780
teacher;	48781

(5) Requires observation of the teacher being evaluated by	48782
the person conducting the evaluation on at least two occasions for	48783
not less than thirty minutes on each occasion;	48784

(6) Assigns evaluation ratings in accordance with the	48785
standards and criteria established under division (B)(1) of	48786
section 3319.112 of the Revised Code;	48787

(7) Requires that each teacher be provided with a written	48788
report of the results of the teacher's evaluation that includes	48789
specific recommendations for any improvements needed in the	48790
teacher's performance, suggestions for professional development	48791
that will enhance future performance in areas that do not meet	48792
expected performance levels, and information on how to obtain	48793
assistance in making needed improvements.	48794

(B) For the portion of a teacher's evaluation based on	48795
measures of student academic growth, the following shall apply:	48796

(1) When applicable to a teacher, those measures shall	48797
include student performance on the assessments prescribed under	48798
sections 3301.0710 and 3301.0712 of the Revised Code and the	48799
value-added progress dimension prescribed by section 3302.021 of	48800
the Revised Code. For teachers of grade levels and subjects for	48801
which those measures are not applicable, the board shall	48802
administer student assessments that measure mastery of the course	48803
content for the appropriate grade level, which may include	48804
nationally normed standardized assessments, industry certification	48805
examinations, end-of-course examinations developed or selected by	48806
the board, or assessments on the list developed under division	48807
(B)(3) of section 3319.112 of the Revised Code.	48808

(2) The board shall include growth data for students assigned	48809
to the teacher during the three most recent school years. If less	48810
than three years of growth data are available, the board shall use	48811
the growth data for all of the school years for which it is	48812
available and, notwithstanding division (A)(1) of this section and	48813
section 3319.112 of the Revised Code, may elect to reduce the	48814
portion of the teacher's evaluation based on student academic	48815
growth to forty per cent of the total evaluation.	48816

(C)(1) The board shall conduct an evaluation of each teacher	48817
employed by the board at least once each school year, unless	48818
division (C)(2) of this section applies. The evaluation shall be	48819
completed by the first day of April and the teacher shall receive	48820
a written report of the results of the evaluation by the tenth day	48821
of April.	48822

(2) If the board has entered into ~~any~~a limited contract or	48823
extended limited contract with athe teacher pursuant to section	48824
3319.11 of the Revised Code, the board shall evaluate ~~such a~~the	48825
teacher ~~in compliance with the requirements of this section~~at	48826
least twice in any school year in which the board may wish to	48827
declare its intention not to re-employ the teacher pursuant to	48828
division (B), (C)(3), (D), or (E) of that section ~~3319.11 of the~~	48829
~~Revised Code.~~	48830

~~This evaluation shall be conducted at least twice in the~~	48831
~~school year in which the board may wish to declare its intention~~	48832
~~not to re-employ the teacher~~. One evaluation shall be conducted	48833
and completed not later than the fifteenth day of January and the	48834
teacher being evaluated shall receive a written report of the	48835
results of this evaluation not later than the twenty-fifth day of	48836
January. One evaluation shall be conducted and completed between	48837
the tenth day of February and the first day of April and the	48838
teacher being evaluated shall receive a written report of the	48839
results of this evaluation not later than the tenth day of April.	48840

~~Any~~(D) Each evaluation conducted pursuant to this section	48841
shall be conducted by one or more of the following:	48842

(1) A person who is under contract with athe board of	48843
~~education~~ pursuant to section 3319.01 or 3319.02 of the Revised	48844
Code and holds a license designated for being a superintendent,	48845
assistant superintendent, or principal issued under section	48846
3319.22 of the Revised Code;	48847

(2) A person who is under contract with athe board of	48848
~~education~~ pursuant to section 3319.02 of the Revised Code and	48849
holds a license designated for being a vocational director or a	48850
supervisor in any educational area issued under section 3319.22 of	48851
the Revised Code;	48852

(3) A person designated to conduct evaluations under an	48853
agreement providing for peer review entered into by athe board of	48854
~~education~~ and representatives of teachers employed by ~~that~~the	48855
board.	48856

~~(B) Any board of education evaluating a teacher pursuant to~~	48857
~~this section shall adopt evaluation procedures that shall be~~	48858
~~applied each time a teacher is evaluated pursuant to this section.~~	48859
~~These evaluation procedures shall include, but not be limited to:~~	48860

~~(1) Criteria of expected job performance in the areas of~~	48861
~~responsibility assigned to the teacher being evaluated;~~	48862

~~(2) Observation of the teacher being evaluated by the person~~	48863
~~conducting the evaluation on at least two occasions for not less~~	48864
~~than thirty minutes on each occasion;~~	48865

~~(3) A written report of the results of the evaluation that~~	48866
~~includes specific recommendations regarding any improvements~~	48867
~~needed in the performance of the teacher being evaluated and~~	48868
~~regarding the means by which the teacher may obtain assistance in~~	48869
~~making such improvements.~~	48870

~~(C)~~(E) The board shall use the evaluations conducted under	48871
this section to inform decisions about compensation, nonrenewal of	48872
employment contracts, termination, reductions in force, and	48873
professional development.	48874

(F) If a teacher who has been granted a continuing contract	48875
under section 3319.08 of the Revised Code receives an evaluation	48876
rating of unsatisfactory for two consecutive years or for two of	48877
three consecutive years, receives an evaluation rating of needs	48878
improvement for three consecutive years, or receives a combination	48879
of evaluation ratings of needs improvement and unsatisfactory for	48880
three consecutive years, the board shall revoke that contract and	48881
shall only enter into a limited contract with the teacher for any	48882
subsequent school years in which the board employs the teacher.	48883

(G) The board annually shall submit to the department of	48884
education the results of teacher evaluations conducted under this	48885
section and principal evaluations conducted under section 3319.02	48886
of the Revised Code. The results shall be disaggregated by the	48887
evaluation ratings prescribed under division (B)(1) of section	48888
3319.112 of the Revised Code, but shall not identify any teacher	48889
or principal.	48890

(H) The board, its members, and any person conducting an	48891
evaluation on behalf of the board in good faith and in accordance	48892
with this section shall be immune from any civil liability that	48893
otherwise might be incurred or imposed for injury, death, or loss	48894
to person or property as a result of conducting the evaluation.	48895

(I) Notwithstanding any provision to the contrary in Chapter	48896
4117. of the Revised Code, the requirements of this section	48897
prevail over any conflicting provisions of a collective bargaining	48898
agreement entered into on or after the effective date of this	48899
section.	48900

(J) This section does not apply to ~~teachers~~superintendents	48901
and administrators subject to evaluation procedures under sections	48902
3319.01 and 3319.02 of the Revised Code or to any teacher employed	48903
as a substitute for less than one hundred twenty days during a	48904
school year pursuant to section 3319.10 of the Revised Code.	48905

Sec. 3319.112. (A) Not later than December 31, 2011, the	48906
superintendent of public instruction shall develop a framework for	48907
the evaluation of teachers. The framework shall require at least	48908
fifty per cent of each evaluation to be based on measures of	48909
student academic growth.	48910

The framework shall require each evaluation to consider the	48911
following additional factors, but it shall not designate the	48912
weight of any factor or prescribe a specific method of assessing	48913
any factor:	48914

(1) Quality of instructional practice, which may be	48915
determined by announced and unannounced classroom observations and	48916
examinations of samples of work, such as lesson plans or	48917
assessments designed by the teacher;	48918

(2) Communication and professionalism, including how well the	48919
teacher interacts with students, parents, other school employees,	48920
and members of the community;	48921

(3) Parent and student satisfaction, which may be measured by	48922
surveys, questionnaires, or other forms of soliciting feedback.	48923

(B) For purposes of the framework developed under this	48924
section, the superintendent of public instruction also shall do	48925
all of the following:	48926

(1) Develop specific standards and criteria that distinguish	48927
between the following levels of performance for teachers and	48928
principals for the purpose of assigning ratings on the evaluations	48929
conducted under sections 3319.02 and 3319.111 of the Revised Code:	48930

(a) Highly effective;

48931

(b) Effective;

48932

48933

(d) Unsatisfactory.

48934

(2) Designate a standard of student academic growth that a	48935
teacher or principal must meet to be rated at each of the	48936
performance levels prescribed by division (B)(1) of this section;	48937

(3) Develop a list of assessments for optional use by school	48938
districts to measure student academic growth for grade levels and	48939
subjects for which the assessments prescribed under sections	48940
3301.0710 and 3301.0712 of the Revised Code and the value-added	48941
progress dimension prescribed by section 3302.021 of the Revised	48942
Code do not apply.	48943

(C) The superintendent of public instruction shall consult	48944
with experts, teachers and principals employed in public schools,	48945
and representatives of stakeholder groups in developing the	48946
standards and criteria required by division (B)(1) of this	48947
section.	48948

(D) Not later than November 1, 2012, the superintendent of	48949
public instruction shall approve or disapprove each evaluation	48950
policy submitted under section 3319.111 of the Revised Code. If	48951
the superintendent disapproves a policy, the superintendent shall	48952
provide recommendations for policy revisions that will enable the	48953
policy to be approved.	48954

(E) Not later than December 1, 2013, and annually thereafter,	48955
the department of education shall issue a report of the evaluation	48956
results submitted under division (G) of section 3319.111 of the	48957
Revised Code for the previous school year. The report shall	48958
include the percentage of teachers and principals who receive each	48959
evaluation rating specified in division (B)(1) of this section,	48960
disaggregated by school district and by public school. The	48961
department shall post the report on its web site.	48962

(F) To assist school districts in developing evaluation	48963
policies under sections 3319.02 and 3319.111 of the Revised Code,	48964
the department shall do both of the following:	48965

(1) Serve as a clearinghouse of promising evaluation	48966
procedures and evaluation models that districts may use;	48967

(2) Provide technical assistance to districts in creating	48968
evaluation policies.	48969

Sec. 3319.113. (A) This section applies to any teacher	48970
employed by a school district who has received a rating of needs	48971
improvement or unsatisfactory on the teacher's most recent	48972
evaluation conducted under section 3319.111 of the Revised Code.	48973

(B) In assigning teachers to schools under section 3319.01 of	48974
the Revised Code, the superintendent of a school district shall	48975
not assign a teacher to whom this section applies to a school	48976
unless both the teacher and the principal of the school consent to	48977
the assignment.	48978

(C) If the superintendent is unable to assign a teacher to	48979
whom this section applies to a school because the mutual consent	48980
required by division (B) of this section has not been obtained,	48981
the district board of education may place the teacher on unpaid	48982
leave until the superintendent is able to assign the teacher to a	48983
school. If the mutual consent is subsequently obtained and the	48984
teacher is assigned to a school, the board shall pay the teacher	48985
at least the same salary the teacher was paid immediately prior to	48986
the unpaid leave.	48987

(D) If a teacher to whom this section applies has been placed	48988
on unpaid leave under division (C) of this section and has not	48989
been assigned to a school after a period of one year on that	48990
leave, notwithstanding anything in section 3319.16 of the Revised	48991
Code to the contrary, the district board may terminate the	48992
teacher's contract under that section.	48993

Sec. 3319.14. Any teacher who has left, or leaves, a	48994
teaching position, by resignation or otherwise, and within forty	48995
school days thereafter entered, or enters, the uniformed services	48996
and whose service is terminated in a manner other than as	48997
described in section 4304 of Title 38 of the United States Code,	48998
"Uniformed Services Employment and Reemployment Rights Act of	48999
1994," 108 Stat. 3149, 38 U.S.C.A. 4304, shall be reemployed by	49000
the board of education of the district in which the teacher held	49001
such teaching position, under the same type of contract as that	49002
which the teacher last held in such district, if the teacher	49003
applies to the board of education for reemployment in accordance	49004
with the "Uniformed Services Employment and Reemployment Rights	49005
Act of 1994," 108 Stat. 3149, 38 U.S.C.A. 4312. Upon such	49006
application, the teacher shall be reemployed at the first of the	49007
next school semester, if the application is made not less than	49008
thirty days prior to the first of the next school semester, in	49009
which case the teacher shall be reemployed the first of the	49010
following school semester, unless the board of education waives	49011
the requirement for the thirty-day period.	49012

For the purposes of seniority ~~and placement on the salary~~	49013
~~schedule~~, years of absence performing service in the uniformed	49014
services shall be counted as though teaching service had been	49015
performed during such time.	49016

The board of education of the district in which such teacher	49017
was employed and is reemployed under this section may suspend the	49018
contract of the teacher whose services become unnecessary by	49019
reason of the return of a teacher from service in the uniformed	49020
services in accordance with section 3319.17 or 3319.171 of the	49021
Revised Code.	49022

Sec. 3319.16. ~~The~~(A)(1) Except as provided in division (E)	49023
of this section, the contract of any teacher employed by the board	49024
of education of any city, exempted village, local, county, or	49025
joint vocational school district may not be terminated except for	49026
good and just cause. ~~Notwithstanding~~The state board of education	49027
shall adopt rules defining good and just cause, which shall	49028
include, but is not limited to, the following:	49029

(a) Immorality;

49030

(b) A conviction of, a finding of guilt for, or a plea of	49031
guilty to an offense involving moral turpitude or an offense	49032
described in section 2921.41, 2921.42, 2921.43, or 2921.44 of the	49033
Revised Code;	49034

49035

(d) Gross insubordination;

49036

(e) Willful neglect of duty;

49037

(f) An evaluation rating of unsatisfactory under section	49038
3319.111 of the Revised Code for two consecutive years, an	49039
evaluation rating of unsatisfactory under that section for two of	49040
three consecutive years, an evaluation rating of needs improvement	49041
under that section for three consecutive years, or a combination	49042
of evaluation ratings under that section of needs improvement and	49043
unsatisfactory for three consecutive years.	49044

(2) Notwithstanding any provision to the contrary in Chapter	49045
4117. of the Revised Code~~, the~~:	49046

(a) The provisions of this section relating to the grounds	49047
for termination of the contract of a teacher, as they existed	49048
prior to the effective date of this amendment, prevail over any	49049
conflicting provisions of a collective bargaining agreement	49050
entered into ~~after the effective date of this amendment~~between	49051
October 16, 2009, and that effective date.	49052

(b) The provisions of this section relating to the grounds	49053
for termination of the contract of a teacher, as they exist on and	49054
after the effective date of this amendment, prevail over any	49055
conflicting provisions of a collective bargaining agreement	49056
entered into on or after that effective date.	49057

(B) Before terminating any contract, the employing board	49058
shall furnish the teacher a written notice signed by its treasurer	49059
of its intention to consider the termination of the teacher's	49060
contract with full specification of the grounds for such	49061
consideration. The board shall not proceed with formal action to	49062
terminate the contract until after the tenth day after receipt of	49063
the notice by the teacher. Within ten days after receipt of the	49064
notice from the treasurer of the board, the teacher may file with	49065
the treasurer a written demand for a hearing before the board or	49066
~~before a referee~~, and the board shall set a time for the hearing	49067
which shall be within thirty days from the date of receipt of the	49068
written demand, and the treasurer shall give the teacher at least	49069
twenty days' notice in writing of the time and place of the	49070
hearing. ~~If a referee is demanded by either the teacher or board,~~	49071
~~the treasurer also shall give twenty days' notice to the~~	49072
~~superintendent of public instruction. No hearing shall be held~~	49073
~~during the summer vacation without the teacher's consent.~~ The	49074
hearing shall be private unless the teacher requests a public	49075
hearing. The hearing ~~shall be conducted by a referee appointed~~	49076
~~pursuant to section 3319.161 of the Revised Code, if demanded;~~	49077
~~otherwise, it~~ shall be conducted by a majority of the members of	49078
the board and shall be confined to the grounds given for the	49079
termination. The board shall provide for a complete stenographic	49080
record of the proceedings, a copy of the record to be furnished to	49081
the teacher. The board may suspend a teacher pending final action	49082
to terminate the teacher's contract if, in its judgment, the	49083
character of the charges warrants such action.	49084

Both parties may be present at such hearing, be represented	49085
by counsel, require witnesses to be under oath, cross-examine	49086
witnesses, take a record of the proceedings, and require the	49087
presence of witnesses in their behalf upon subpoena to be issued	49088
by the treasurer of the board. In case of the failure of any	49089
person to comply with a subpoena, a judge of the court of common	49090
pleas of the county in which the person resides, upon application	49091
of any interested party, shall compel attendance of the person by	49092
attachment proceedings as for contempt. Any member of the board or	49093
~~the referee~~ may administer oaths to witnesses. ~~After a hearing by~~	49094
~~a referee, the referee shall file a report within ten days after~~	49095
~~the termination of the hearing. After consideration of the~~	49096
~~referee's report, the board, by a majority vote, may accept or~~	49097
~~reject the referee's recommendation on the termination of the~~	49098
~~teacher's contract.~~ After a hearing by the board, the board, by	49099
majority vote, may enter its determination upon its minutes. Any	49100
order of termination of a contract shall state the grounds for	49101
termination. If the decision, after hearing, is against	49102
termination of the contract, the charges and the record of the	49103
hearing shall be physically expunged from the minutes, and, if the	49104
teacher has suffered any loss of salary by reason of being	49105
suspended, the teacher shall be paid the teacher's full salary for	49106
the period of such suspension.	49107

Any teacher affected by an order of termination of contract	49108
may appeal to the court of common pleas of the county in which the	49109
school is located in accordance with division (C) of this section	49110
or request execution of the grievance procedure specified in any	49111
collective bargaining agreement that is applicable to the teacher,	49112
but may not do both. Notwithstanding any provision to the contrary	49113
in Chapter 4117. of the Revised Code, the provisions of this	49114
paragraph prevail over any conflicting provisions of a collective	49115
bargaining agreement entered into on or after the effective date	49116
of this amendment.	49117

(C) An appeal of the board's order of termination to the	49118
court of common pleas shall be filed within thirty days after	49119
receipt of notice of the entry of such order. The appeal shall be	49120
an original action in the court and shall be commenced by the	49121
filing of a complaint against the board, in which complaint the	49122
facts shall be alleged upon which the teacher relies for a	49123
reversal or modification of such order of termination of contract.	49124
Upon service or waiver of summons in that appeal, the board	49125
immediately shall transmit to the clerk of the court for filing a	49126
transcript of the original papers filed with the board, a	49127
certified copy of the minutes of the board into which the	49128
termination finding was entered, and a certified transcript of all	49129
evidence adduced at the hearing or hearings before the board ~~or a~~	49130
~~certified transcript of all evidence adduced at the hearing or~~	49131
~~hearings before the referee~~, whereupon the cause shall be at issue	49132
without further pleading and shall be advanced and heard without	49133
delay. The court shall examine the transcript and record of the	49134
hearing and shall hold such additional hearings as it considers	49135
advisable, at which it may consider other evidence in addition to	49136
the transcript and record.	49137

Upon final hearing, the court shall grant or deny the relief	49138
prayed for in the complaint as may be proper in accordance with	49139
the evidence adduced in the hearing. Such an action is a special	49140
proceeding, and either the teacher or the board may appeal from	49141
the decision of the court of common pleas pursuant to the Rules of	49142
Appellate Procedure and, to the extent not in conflict with those	49143
rules, Chapter 2505. of the Revised Code.	49144

In any court action, the board may utilize the services of	49145
the prosecuting attorney, village solicitor, city director of law,	49146
or other chief legal officer of a municipal corporation as	49147
authorized by section 3313.35 of the Revised Code, or may employ	49148
other legal counsel.	49149

(D) A violation of division (A)(7) of section 2907.03 of the	49150
Revised Code is grounds for termination of a teacher contract	49151
under this section.	49152

(E) A board may terminate the contract of a teacher without	49153
good and just cause at any time in the teacher's first year of	49154
employment with the board, if the board has entered into a	49155
one-year contract with the teacher under section 3319.08 of the	49156
Revised Code. In the case of a termination under this division,	49157
the teacher shall not be entitled to the due process procedures	49158
prescribed by divisions (B) and (C) of this section.	49159

Sec. 3319.17. (A) As used in this section, "interdistrict	49160
contract" means any contract or agreement entered into by an	49161
educational service center governing board and another board or	49162
other public entity pursuant to section 3313.17, 3313.841,	49163
3313.842, 3313.843, 3313.844, 3313.845, 3313.91, or 3323.08 of the	49164
Revised Code, including any such contract or agreement for the	49165
provision of services funded under division ~~(I)~~(E) of section	49166
3317.024 of the Revised Code or provided in any unit approved	49167
under section 3317.05 of the Revised Code.	49168

(B) When, for any of the following reasons that apply to any	49169
city, exempted village, local, or joint vocational school district	49170
or any educational service center, the board decides that it will	49171
be necessary to reduce the number of teachers it employs, it may	49172
make a reasonable reduction:	49173

(1) In the case of any district or service center, return to	49174
duty of regular teachers after leaves of absence including ~~leaves~~	49175
~~provided pursuant to division (B) of section 3314.10 of the~~	49176
~~Revised Code,~~ suspension of schools, territorial changes affecting	49177
the district or center, or financial reasons;	49178

(2) In the case of any city, exempted village, local, or	49179
joint vocational school district, decreased enrollment of pupils	49180
in the district;	49181

(3) In the case of any governing board of a service center	49182
providing any particular service directly to pupils pursuant to	49183
one or more interdistrict contracts requiring such service,	49184
reduction in the total number of pupils the governing board is	49185
required to provide with the service under all interdistrict	49186
contracts as a result of the termination or nonrenewal of one or	49187
more of these interdistrict contracts;	49188

(4) In the case of any governing board providing any	49189
particular service that it does not provide directly to pupils	49190
pursuant to one or more interdistrict contracts requiring such	49191
service, reduction in the total level of the service the governing	49192
board is required to provide under all interdistrict contracts as	49193
a result of the termination or nonrenewal of one or more of these	49194
interdistrict contracts.	49195

(C) In making any such reduction, ~~any city, exempted village,~~	49196
~~local, or joint vocational school~~the district board or service	49197
center governing board shall proceed to suspend contracts in	49198
accordance with the recommendation of the superintendent of	49199
~~schools who shall, within each teaching field affected, give~~	49200
~~preference first to teachers on continuing contracts and then to~~	49201
~~teachers who have greater seniority. In making any such reduction,~~	49202
~~any governing board of a service center shall proceed to suspend~~	49203
~~contracts in accordance with the recommendation of the~~	49204
~~superintendent who shall, within each teaching field or service~~	49205
~~area affected, give preference first to teachers on continuing~~	49206
~~contracts and then to teachers who have greater seniority~~. The	49207
board shall consider evaluations conducted under section 3319.111	49208
of the Revised Code in determining the order of reductions under	49209
this section. Within the teaching field or service area affected,	49210
the board shall suspend teachers with evaluation ratings of	49211
unsatisfactory first, teachers with evaluation ratings of needs	49212
improvement second, teachers with evaluation ratings of effective	49213
third, and teachers with evaluation ratings of highly effective	49214
last, until all necessary reductions have occurred. The board	49215
shall not give preference in retention to any teacher based on	49216
seniority.	49217

On a case-by-case basis, in lieu of suspending a contract in	49218
whole, a board may suspend a contract in part, so that an	49219
individual is required to work a percentage of the time the	49220
employee otherwise is required to work under the contract and	49221
receives a commensurate percentage of the full compensation the	49222
employee otherwise would receive under the contract.	49223

The teachers whose continuing contracts are suspended by any	49224
board pursuant to this section shall have the right of restoration	49225
to continuing service status by that board ~~in the order of~~	49226
~~seniority of service in the district or service center~~ if and when	49227
teaching positions become vacant or are created for which any of	49228
such teachers are or become qualified. No teacher whose continuing	49229
contract has been suspended pursuant to this section shall lose	49230
that right of restoration to continuing service status by reason	49231
of having declined recall to a position that is less than	49232
full-time or, if the teacher was not employed full-time just prior	49233
to suspension of the teacher's continuing contract, to a position	49234
requiring a lesser percentage of full-time employment than the	49235
position the teacher last held while employed in the district or	49236
service center.	49237

(D) Notwithstanding any provision to the contrary in Chapter	49238
4117. of the Revised Code~~, the~~:	49239

(1) The requirements of this section, as it existed prior to	49240
the effective date of this amendment, prevail over any conflicting	49241
provisions of agreements between employee organizations and public	49242
employers entered into ~~after~~between September 29, 2005, and that	49243
effective date;	49244

(2) The requirements of this section, as it exists on and	49245
after the effective date of this amendment, prevail over any	49246
conflicting provisions of agreements between employee	49247
organizations and public employers entered into on or after that	49248
effective date.	49249

Sec. 3319.18. If an entire school district or that part of a	49250
school district which comprises the territory in which a school is	49251
situated is transferred to any other district, or if a new school	49252
district is created, the teachers in such districts or schools	49253
employed on continuing contracts immediately prior to such	49254
transfer, or creation shall, subject to section 3319.17 or	49255
3319.171 of the Revised Code, have continuing service status in	49256
the newly created district, or in the district to which the	49257
territory is transferred.	49258

The limited contracts of the teachers employed in such	49259
districts or schools immediately prior to such transfer, or	49260
creation, shall become the legal obligations of the board of	49261
education in the newly created district, or in the district to	49262
which the territory is transferred, subject to section 3319.17 or	49263
3319.171 of the Revised Code. The teaching experience of such	49264
teachers in such prior districts or schools shall be included in	49265
the three years of service required under section 3319.11 of the	49266
Revised Code for a teacher to become eligible for continuing	49267
service status.	49268

Teachers employed on limited or continuing contracts in an	49269
entire school district or that part of a school district which	49270
comprises the territory in which a school is situated which is	49271
transferred to any other district or which is merged with other	49272
school territory to create a new school district, shall be placed,	49273
on the effective date of such transfer or merger, on the salary	49274
schedule of the district to which the territory is transferred or	49275
the newly created district~~, according to their training and~~	49276
~~experience. Such experience shall be the total sum of the years~~	49277
~~taught in the district whose territory was transferred or merged~~	49278
~~to create a new district, plus the total number of years of~~	49279
~~teaching experience recognized by such previous district upon its~~	49280
~~first employment of such teachers~~.	49281

The placement of the teachers on the salary schedule,	49282
pursuant to this section, shall not result, however, in the salary	49283
of any teacher being less than the teacher's current annual salary	49284
for regular duties, in existence immediately prior to the merger	49285
or transfer.	49286

~~In making any reduction in the number of teachers under~~	49287
~~section 3319.17 of the Revised Code by reason of the transfer or~~	49288
~~consolidation of school territory, the years of teaching service~~	49289
~~of the teachers employed in the district or schools transferred to~~	49290
~~any other district or merged with any school territory to create a~~	49291
~~new district, shall be included as a part of the seniority on~~	49292
~~which the recommendation of the superintendent of schools shall be~~	49293
~~based, under section 3319.17 of the Revised Code. Such service~~	49294
~~shall have been continuous and shall include years of service in~~	49295
~~the previous district as well as the years of continuous service~~	49296
~~in any district which had been previously transferred to or~~	49297
~~consolidated to form such district.~~ When suspending contracts in	49298
accordance with an administrative personnel suspension policy	49299
adopted under section 3319.171 of the Revised Code, a board may	49300
consider years of teaching service in the previous district in its	49301
decision if it is a part of the suspension policy.	49302

Sec. 3319.19. (A) Except as provided in division (D) of this	49303
section or division (A)(2) of section 3313.37 of the Revised Code,	49304
upon request, the board of county commissioners shall provide and	49305
equip offices in the county for the use of the superintendent of	49306
an educational service center, and shall provide heat, light,	49307
water, and janitorial services for such offices. Such offices	49308
shall be the permanent headquarters of the superintendent and	49309
shall be used by the governing board of the service center when it	49310
is in session. Except as provided in division (B) of this section,	49311
such offices shall be located in the county seat or, upon the	49312
approval of the governing board, may be located outside of the	49313
county seat.	49314

(B) In the case of a service center formed under section	49315
3311.053 ~~or 3311.059~~ of the Revised Code, the governing board	49316
shall designate the site of its offices. Except as provided in	49317
division (D) of this section or division (A)(2) of section 3313.37	49318
of the Revised Code, the board of county commissioners of the	49319
county in which the designated site is located shall provide and	49320
equip the offices as under division (A) of this section, but the	49321
costs of such offices and equipment shall be apportioned among the	49322
boards of county commissioners of all counties having any	49323
territory in the area under the control of the governing board,	49324
according to the proportion of local school district pupils under	49325
the supervision of such board residing in the respective counties.	49326
Where there is a dispute as to the amount any board of county	49327
commissioners is required to pay, the probate judge of the county	49328
in which the greatest number of pupils under the supervision of	49329
the governing board reside shall apportion such costs among the	49330
boards of county commissioners and notify each such board of its	49331
share of the costs.	49332

(C) As used in division (C) of this section, in the case of a	49333
building, facility, or office space that a board of county	49334
commissioners leases or rents, "actual cost per square foot" means	49335
all cost on a per square foot basis incurred by the board under	49336
the lease or rental agreement. In the case of a building,	49337
facility, or office space that the board owns in fee simple,	49338
"actual cost per square foot" means the fair rental value on a per	49339
square foot basis of the building, facility, or office space	49340
either as compared to a similarly situated building, facility, or	49341
office space in the general vicinity or as calculated under a	49342
formula that accounts for depreciation, amortization of	49343
improvements, and other reasonable factors, including, but not	49344
limited to, parking space and other amenities.	49345

Not later than the thirty-first day of March of 2002, 2003,	49346
2004, and 2005 a board of county commissioners required to provide	49347
or equip offices pursuant to division (A) or (B) of this section	49348
shall make a written estimate of the total cost it will incur for	49349
the ensuing fiscal year to provide and equip the offices and to	49350
provide heat, light, water, and janitorial services for such	49351
offices. The total estimate of cost shall include:	49352

(1) The total square feet of space to be utilized by the	49353
educational service center;	49354

(2) The total square feet of any common areas that should be	49355
reasonably allocated to the center and the methodology for making	49356
this allocation;	49357

(3) The actual cost per square foot for both the space	49358
utilized by and the common area allocated to the center;	49359

(4) An explanation of the methodology used to determine the	49360
actual cost per square foot;	49361

(5) The estimated cost of providing heat, light, and water,	49362
including an explanation of how these costs were determined;	49363

(6) The estimated cost of providing janitorial services	49364
including an explanation of the methodology used to determine this	49365
cost;	49366

(7) Any other estimated costs that the board anticipates it	49367
will ~~occur~~incur and a detailed explanation of the costs and the	49368
rationale used to determine such costs.	49369

A copy of the total estimate of costs under this division	49370
shall be sent to the superintendent of the educational service	49371
center not later than the fifth day of April. The superintendent	49372
shall review the total estimate and shall notify the board of	49373
county commissioners not later than twenty days after receipt of	49374
the estimate of either agreement with the estimate or any specific	49375
objections to the estimates and the reasons for the objections. If	49376
the superintendent agrees with the estimate, it shall become the	49377
final total estimate of cost. Failure of the superintendent to	49378
make objections to the estimate by the twentieth day after receipt	49379
of it shall be deemed to mean that the superintendent is in	49380
agreement with the estimate.	49381

If the superintendent provides specific objections to the	49382
board of county commissioners, the board shall review the	49383
objections and may modify the original estimate and shall send a	49384
revised total estimate to the superintendent within ten days after	49385
the receipt of the superintendent's objections. The superintendent	49386
shall respond to the revised estimate within ten days after its	49387
receipt. If the superintendent agrees with it, it shall become the	49388
final total estimated cost. If the superintendent fails to respond	49389
within the required time, the superintendent shall be deemed to	49390
have agreed with the revised estimate. If the superintendent	49391
disagrees with the revised estimate, the superintendent shall send	49392
specific objections to the county commissioners.	49393

If a superintendent has sent specific objections to the	49394
revised estimate within the required time, the probate judge of	49395
the county which has the greatest number of resident local school	49396
district pupils under the supervision of the educational service	49397
center shall determine the final estimated cost and certify this	49398
amount to the superintendent and the board of county commissioners	49399
prior to the first day of July.	49400

(D)(1) A board of county commissioners shall be responsible	49401
for the following percentages of the final total estimated cost	49402
established by division (C) of this section:	49403

(a) Eighty per cent for fiscal year 2003;

49404

(b) Sixty per cent for fiscal year 2004;

49405

49406

(d) Twenty per cent for fiscal year 2006.

49407

In fiscal years 2003, 2004, 2005, and 2006 the educational	49408
service center shall be responsible for the remainder of any costs	49409
in excess of the amounts specified in division (D)(1)(a),(b), (c),	49410
or (d) of this section, as applicable, associated with the	49411
provision and equipment of offices for the educational service	49412
center and for provision of heat, light, water, and janitorial	49413
services for such offices, including any unanticipated or	49414
unexpected increases in the costs beyond the final estimated cost	49415
amount.	49416

Beginning in fiscal year 2007, no board of county	49417
commissioners shall have any obligation to provide and equip	49418
offices for an educational service center or to provide heat,	49419
light, water, or janitorial services for such offices.	49420

(2) Nothing in this section shall prohibit the board of	49421
county commissioners and the governing board of an educational	49422
service center from entering into a contract for providing and	49423
equipping offices for the use of an educational service center and	49424
for providing heat, light, water, and janitorial services for such	49425
offices. The term of any such contract shall not exceed a period	49426
of four years and may be renewed for additional periods not to	49427
exceed four years. Any such contract shall supersede the	49428
provisions of division (D)(1) of this section and no educational	49429
service center may be charged, at any time, any additional amount	49430
for the county's provision of an office and equipment, heat,	49431
light, water, and janitorial services beyond the amount specified	49432
in such contract.	49433

(3) No contract entered into under division (D)(2) of this	49434
section in any year prior to fiscal year 2007 between an	49435
educational service center formed under section 3311.053 or	49436
~~3311.059~~ of the Revised Code and the board of county commissioners	49437
required to provide and equip its office pursuant to division (B)	49438
of this section shall take effect unless the boards of county	49439
commissioners of all other counties required to participate in the	49440
funding for such offices pursuant to division (B) of this section	49441
adopt resolutions approving the contract.	49442

Sec. 3319.227. (A) This section applies only to a person who	49443
meets the following conditions:	49444

(1) Holds a minimum of a baccalaureate degree;

49445

(2) Has been licensed and employed as a teacher in another	49446
state for each of the preceding five years;	49447

(3) Was initially licensed as a teacher in any state within	49448
the preceding fifteen years;	49449

(4) Has not had a teacher's license suspended or revoked in	49450
any state.	49451

(B)(1) Not later than July 1, 2012, the superintendent of	49452
public instruction shall develop a list of states that the	49453
superintendent considers to have standards for teacher licensure	49454
that are inadequate to ensure that a person to whom this section	49455
applies and who was most recently licensed to teach in that state	49456
is qualified for a professional educator license issued under	49457
section 3319.22 of the Revised Code.	49458

(2) Following development of the list, the superintendent	49459
shall establish a panel of experts to evaluate the adequacy of the	49460
teacher licensure standards of each state on the list. Each person	49461
selected by the superintendent to be a member of the panel shall	49462
be approved by the state board of education. In evaluating the	49463
superintendent's list, the panel shall provide an opportunity for	49464
representatives of the department of education, or similar	49465
state-level agency, of each state on the list to provide evidence	49466
to refute the state's placement on the list.	49467

Not later than April 1, 2013, the panel shall recommend to	49468
the state board that the list be approved without changes or that	49469
specified states be removed from the list prior to approval. Not	49470
later than July 1, 2013, the state board shall approve a final	49471
list of states with standards for teacher licensure that are	49472
inadequate to ensure that a person to whom this section applies	49473
and who was most recently licensed to teach in that state is	49474
qualified for a professional educator license issued under section	49475
3319.22 of the Revised Code.	49476

(C) Except as otherwise provided in division (E)(1) of this	49477
section, until the date on which the state board approves a final	49478
list of states with inadequate teacher licensure standards under	49479
division (B)(2) of this section, the state board shall issue a	49480
one-year provisional educator license to any applicant to whom	49481
this section applies. On and after that date, neither the state	49482
board nor the department of education shall be party to any	49483
reciprocity agreement with a state on that list that requires the	49484
state board to issue a person to whom this section applies any	49485
type of professional educator license on the basis of the person's	49486
licensure and teaching experience in that state.	49487

(D) Upon the expiration of a provisional license issued to a	49488
person under division (C) of this section, the state board shall	49489
issue the person a professional educator license, if the person	49490
satisfies either of the following conditions:	49491

(1) The person was issued the provisional license prior to	49492
the development of the list by the state superintendent under	49493
division (B)(1) of this section and, prior to issuance of the	49494
provisional license, the person was most recently licensed to	49495
teach by a state not on the superintendent's list or, if the final	49496
list of states with inadequate teacher licensure standards has	49497
been approved by the state board under division (B)(2) of this	49498
section, by a state not on that list.	49499

(2) All of the following apply to the person:

49500

(a) Prior to obtaining the provisional license, the person	49501
was most recently licensed to teach by a state on the	49502
superintendent's list or, if the final list of states with	49503
inadequate teacher licensure standards has been approved by the	49504
state board under division (B)(2) of this section, by a state on	49505
that list.	49506

(b) The person was employed under the provisional license by	49507
a school district; community school established under Chapter	49508
3314. of the Revised Code; science, technology, engineering, and	49509
mathematics school established under Chapter 3326. of the Revised	49510
Code; or an entity contracted by such a district or school to	49511
provide internet- or computer-based instruction or distance	49512
learning programs to students.	49513

(c) The district or school certifies to the state board that	49514
the person's teaching was satisfactory while employed or	49515
contracted by the district or school.	49516

(E)(1) From July 1, 2012, until the date on which the state	49517
board approves a final list of states with inadequate teacher	49518
licensure standards under division (B)(2) of this section, the	49519
state board shall issue a professional educator license to any	49520
applicant to whom this section applies and who was most recently	49521
licensed to teach by a state that is not on the list developed by	49522
the state superintendent under division (B)(1) of this section.	49523

(2) Beginning on the date on which the state board approves a	49524
final list of states with inadequate teacher licensure standards	49525
under division (B)(2) of this section, the state board shall issue	49526
a professional educator license to any applicant to whom this	49527
section applies and who was most recently licensed to teach by a	49528
state that is not on that list.	49529

Sec. 3319.26. (A) The state board of education shall adopt	49530
rules establishing the standards and requirements for obtaining an	49531
alternative resident educator license for teaching in grades four	49532
to twelve, or the equivalent, in a designated subject area.	49533
However, an alternative resident educator license in the area of	49534
intervention specialist, as defined by rule of the state board,	49535
shall be valid for teaching in grades kindergarten to twelve.	49536

(B) ~~The superintendent of public instruction and the~~	49537
~~chancellor of the Ohio board of regents jointly shall develop an~~	49538
~~intensive pedagogical training institute to provide instruction in~~	49539
~~the principles and practices of teaching for individuals seeking~~	49540
~~an alternative resident educator license. The instruction shall~~	49541
~~cover such topics as student development and learning, pupil~~	49542
~~assessment procedures, curriculum development, classroom~~	49543
~~management, and teaching methodology.~~	49544

~~(C)~~ The rules adopted under this section shall require	49545
applicants for the alternative resident educator license to	49546
satisfy the following conditions prior to issuance of the license,	49547
but they shall not require applicants to have completed a major in	49548
the subject area for which application is being made:	49549

(1) Hold a minimum of a baccalaureate degree;

49550

(2) ~~Successfully complete the pedagogical training institute~~	49551
~~described in division (B) of this section;~~	49552

~~(3)~~ Pass an examination in the subject area for which	49553
application is being made.	49554

~~(D)~~(C) An alternative resident educator license shall be	49555
valid for four years, except that the state board, on a	49556
case-by-case basis, may extend the license's duration as necessary	49557
to enable the license holder to complete the Ohio teacher	49558
residency program established under section 3319.223 of the	49559
Revised Code.	49560

~~(E)~~(D) The rules shall require the holder of an alternative	49561
resident educator license, as a condition of continuing to hold	49562
the license, to do all of the following:	49563

(1) Participate in the Ohio teacher residency program;

49564

(2) Show satisfactory progress in taking and successfully	49565
completing atone of the following:	49566

(a) At least twelve additional semester hours, or the	49567
equivalent, of college coursework in the principles and practices	49568
of teaching in such topics as student development and learning,	49569
pupil assessment procedures, curriculum development, classroom	49570
management, and teaching methodology;	49571

(b) Professional development provided to participants of a	49572
teacher preparation program that is operated by a nonprofit	49573
organization and has been approved by the chancellor of the Ohio	49574
board of regents. The chancellor shall approve any such program	49575
that requires participants to hold a bachelor's degree; have a	49576
cumulative undergraduate grade point average of at least 2.5 out	49577
of 4.0, or its equivalent; and successfully complete a summer	49578
training institute.	49579

(3) Take an assessment of professional knowledge in the	49580
second year of teaching under the license.	49581

~~(F)~~(E) The rules shall provide for the granting of a	49582
professional educator license to a holder of an alternative	49583
resident educator license upon successfully completing all of the	49584
following:	49585

(1) Four years of teaching under the alternative license;

49586

(2) The ~~twelve semester hours, or the equivalent, of the~~	49587
additional college coursework or professional development	49588
described in division ~~(E)~~(D)(2) of this section;	49589

(3) The assessment of professional knowledge described in	49590
division ~~(E)~~(D)(3) of this section. The standards for successfully	49591
completing this assessment and the manner of conducting the	49592
assessment shall be the same as for any other individual who is	49593
required to take the assessment pursuant to rules adopted by the	49594
state board under section 3319.22 of the Revised Code.	49595

(4) The Ohio teacher residency program;

49596

(5) All other requirements for a professional educator	49597
license adopted by the state board under section 3319.22 of the	49598
Revised Code.	49599

Sec. 3319.31. (A) As used in this section and sections	49600
3123.41 to 3123.50 and 3319.311 of the Revised Code, "license"	49601
means a certificate, license, or permit described in this chapter	49602
or in division (B) of section 3301.071 or in section 3301.074 of	49603
the Revised Code.	49604

(B) For any of the following reasons, the state board of	49605
education, in accordance with Chapter 119. and section 3319.311 of	49606
the Revised Code, may refuse to issue a license to an applicant;	49607
may limit a license it issues to an applicant; may suspend,	49608
revoke, or limit a license that has been issued to any person; or	49609
may revoke a license that has been issued to any person and has	49610
expired:	49611

(1) Engaging in an immoral act, incompetence, negligence, or	49612
conduct that is unbecoming to the applicant's or person's	49613
position;	49614

(2) A plea of guilty to, a finding of guilt by a jury or	49615
court of, or a conviction of any of the following:	49616

(a) A felony other than a felony listed in division (C) of	49617
this section;	49618

(b) An offense of violence other than an offense of violence	49619
listed in division (C) of this section;	49620

(c) A theft offense, as defined in section 2913.01 of the	49621
Revised Code, other than a theft offense listed in division (C) of	49622
this section;	49623

(d) A drug abuse offense, as defined in section 2925.01 of	49624
the Revised Code, that is not a minor misdemeanor, other than a	49625
drug abuse offense listed in division (C) of this section;	49626

(e) A violation of an ordinance of a municipal corporation	49627
that is substantively comparable to an offense listed in divisions	49628
(B)(2)(a) to (d) of this section.	49629

(3) A judicial finding of eligibility for intervention in	49630
lieu of conviction under section 2951.041 of the Revised Code, or	49631
agreeing to participate in a pre-trial diversion program under	49632
section 2935.36 of the Revised Code, or a similar diversion	49633
program under rules of a court, for any offense listed in division	49634
(B)(2) or (C) of this section;	49635

(4) Failure to comply with section 3314.40, 3319.313,	49636
3326.24, 3328.19, or 5126.253 of the Revised Code.	49637

(C) Upon learning of a plea of guilty to, a finding of guilt	49638
by a jury or court of, or a conviction of any of the offenses	49639
listed in this division by a person who holds a current or expired	49640
license or is an applicant for a license or renewal of a license,	49641
the state board or the superintendent of public instruction, if	49642
the state board has delegated the duty pursuant to division (D) of	49643
this section, shall by a written order revoke the person's license	49644
or deny issuance or renewal of the license to the person. The	49645
state board or the superintendent shall revoke a license that has	49646
been issued to a person to whom this division applies and has	49647
expired in the same manner as a license that has not expired.	49648

Revocation of a license or denial of issuance or renewal of a	49649
license under this division is effective immediately at the time	49650
and date that the board or superintendent issues the written order	49651
and is not subject to appeal in accordance with Chapter 119. of	49652
the Revised Code. Revocation of a license or denial of issuance or	49653
renewal of license under this division remains in force during the	49654
pendency of an appeal by the person of the plea of guilty, finding	49655
of guilt, or conviction that is the basis of the action taken	49656
under this division.	49657

The state board or superintendent shall take the action	49658
required by this division for a violation of division (B)(1), (2),	49659
(3), or (4) of section 2919.22 of the Revised Code; a violation of	49660
section 2903.01, 2903.02, 2903.03, 2903.04, 2903.041, 2903.11,	49661
2903.12, 2903.15, 2905.01, 2905.02, 2905.05, 2905.11, 2907.02,	49662
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.21, 2907.22,	49663
2907.23, 2907.24, 2907.241, 2907.25, 2907.31, 2907.311, 2907.32,	49664
2907.321, 2907.322, 2907.323, 2907.33, 2907.34, 2909.02, 2909.22,	49665
2909.23, 2909.24, 2911.01, 2911.02, 2911.11, 2911.12, 2913.44,	49666
2917.01, 2917.02, 2917.03, 2917.31, 2917.33, 2919.12, 2919.121,	49667
2919.13, 2921.02, 2921.03, 2921.04, 2921.05, 2921.11, 2921.34,	49668
2921.41, 2923.122, 2923.123, 2923.161, 2923.17, 2923.21, 2925.02,	49669
2925.03, 2925.04, 2925.041, 2925.05, 2925.06, 2925.13, 2925.22,	49670
2925.23, 2925.24, 2925.32, 2925.36, 2925.37, 2927.24, or 3716.11	49671
of the Revised Code; a violation of section 2905.04 of the Revised	49672
Code as it existed prior to July 1, 1996; a violation of section	49673
2919.23 of the Revised Code that would have been a violation of	49674
section 2905.04 of the Revised Code as it existed prior to July 1,	49675
1996, had the violation been committed prior to that date;	49676
felonious sexual penetration in violation of former section	49677
2907.12 of the Revised Code; or a violation of an ordinance of a	49678
municipal corporation that is substantively comparable to an	49679
offense listed in this paragraph.	49680

(D) The state board may delegate to the superintendent of	49681
public instruction the authority to revoke a person's license or	49682
to deny issuance or renewal of a license to a person under	49683
division (C) or (F) of this section.	49684

(E)(1) If the plea of guilty, finding of guilt, or conviction	49685
that is the basis of the action taken under division (B)(2) or (C)	49686
of this section, or under the version of division (F) of section	49687
3319.311 of the Revised Code in effect prior to ~~the effective date~~	49688
~~of this amendment~~September 12, 2008, is overturned on appeal,	49689
upon exhaustion of the criminal appeal, the clerk of the court	49690
that overturned the plea, finding, or conviction or, if	49691
applicable, the clerk of the court that accepted an appeal from	49692
the court that overturned the plea, finding, or conviction, shall	49693
notify the state board that the plea, finding, or conviction has	49694
been overturned. Within thirty days after receiving the	49695
notification, the state board shall initiate proceedings to	49696
reconsider the revocation or denial of the person's license in	49697
accordance with division (E)(2) of this section. In addition, the	49698
person whose license was revoked or denied may file with the state	49699
board a petition for reconsideration of the revocation or denial	49700
along with appropriate court documents.	49701

(2) Upon receipt of a court notification or a petition and	49702
supporting court documents under division (E)(1) of this section,	49703
the state board, after offering the person an opportunity for an	49704
adjudication hearing under Chapter 119. of the Revised Code, shall	49705
determine whether the person committed the act in question in the	49706
prior criminal action against the person that is the basis of the	49707
revocation or denial and may continue the revocation or denial,	49708
may reinstate the person's license, with or without limits, or may	49709
grant the person a new license, with or without limits. The	49710
decision of the board shall be based on grounds for revoking,	49711
denying, suspending, or limiting a license adopted by rule under	49712
division (G) of this section and in accordance with the	49713
evidentiary standards the board employs for all other licensure	49714
hearings. The decision of the board under this division is subject	49715
to appeal under Chapter 119. of the Revised Code.	49716

(3) A person whose license is revoked or denied under	49717
division (C) of this section shall not apply for any license if	49718
the plea of guilty, finding of guilt, or conviction that is the	49719
basis of the revocation or denial, upon completion of the criminal	49720
appeal, either is upheld or is overturned but the state board	49721
continues the revocation or denial under division (E)(2) of this	49722
section and that continuation is upheld on final appeal.	49723

(F) The state board may take action under division (B) of	49724
this section, and the state board or the superintendent shall take	49725
the action required under division (C) of this section, on the	49726
basis of substantially comparable conduct occurring in a	49727
jurisdiction outside this state or occurring before a person	49728
applies for or receives any license.	49729

(G) The state board may adopt rules in accordance with	49730
Chapter 119. of the Revised Code to carry out this section and	49731
section 3319.311 of the Revised Code.	49732

Sec. 3319.311. (A)(1) The state board of education, or the	49733
superintendent of public instruction on behalf of the board, may	49734
investigate any information received about a person that	49735
reasonably appears to be a basis for action under section 3319.31	49736
of the Revised Code, including information received pursuant to	49737
section 3314.40, 3319.291, 3319.313, 3326.24, 3328.19, 5126.253,	49738
or 5153.176 of the Revised Code. Except as provided in division	49739
(A)(2) of this section, the board shall contract with the office	49740
of the Ohio attorney general to conduct any investigation of that	49741
nature. The board shall pay for the costs of the contract only	49742
from moneys in the state board of education licensure fund	49743
established under section 3319.51 of the Revised Code. Except as	49744
provided in division (A)(2) of this section, all information	49745
received pursuant to section 3314.40, 3319.291, 3319.313, 3326.24,	49746
3328.19, 5126.253, or 5153.176 of the Revised Code, and all	49747
information obtained during an investigation is confidential and	49748
is not a public record under section 149.43 of the Revised Code.	49749
If an investigation is conducted under this division regarding	49750
information received about a person and no action is taken against	49751
the person under this section or section 3319.31 of the Revised	49752
Code within two years of the completion of the investigation, all	49753
records of the investigation shall be expunged.	49754

(2) In the case of a person about whom the board has learned	49755
of a plea of guilty to, finding of guilt by a jury or court of, or	49756
a conviction of an offense listed in division (C) of section	49757
3319.31 of the Revised Code, or substantially comparable conduct	49758
occurring in a jurisdiction outside this state, the board or the	49759
superintendent of public instruction need not conduct any further	49760
investigation and shall take the action required by division (C)	49761
or (F) of that section. Except as provided in division (G) of this	49762
section, all information obtained by the board or the	49763
superintendent of public instruction pertaining to the action is a	49764
public record under section 149.43 of the Revised Code.	49765

(B) The superintendent of public instruction shall review the	49766
results of each investigation of a person conducted under division	49767
(A)(1) of this section and shall determine, on behalf of the state	49768
board, whether the results warrant initiating action under	49769
division (B) of section 3319.31 of the Revised Code. The	49770
superintendent shall advise the board of such determination at a	49771
meeting of the board. Within fourteen days of the next meeting of	49772
the board, any member of the board may ask that the question of	49773
initiating action under section 3319.31 of the Revised Code be	49774
placed on the board's agenda for that next meeting. Prior to	49775
initiating that action against any person, the person's name and	49776
any other personally identifiable information shall remain	49777
confidential.	49778

(C) The board shall take no action against a person under	49779
division (B) of section 3319.31 of the Revised Code without	49780
providing the person with written notice of the charges and with	49781
an opportunity for a hearing in accordance with Chapter 119. of	49782
the Revised Code.	49783

(D) For purposes of an investigation under division (A)(1) of	49784
this section or a hearing under division (C) of this section or	49785
under division (E)(2) of section 3319.31 of the Revised Code, the	49786
board, or the superintendent on behalf of the board, may	49787
administer oaths, order the taking of depositions, issue	49788
subpoenas, and compel the attendance of witnesses and the	49789
production of books, accounts, papers, records, documents, and	49790
testimony. The issuance of subpoenas under this division may be by	49791
certified mail or personal delivery to the person.	49792

(E) The superintendent, on behalf of the board, may enter	49793
into a consent agreement with a person against whom action is	49794
being taken under division (B) of section 3319.31 of the Revised	49795
Code. The board may adopt rules governing the superintendent's	49796
action under this division.	49797

(F) No surrender of a license shall be effective until the	49798
board takes action to accept the surrender unless the surrender is	49799
pursuant to a consent agreement entered into under division (E) of	49800
this section.	49801

(G) The name of any person who is not required to report	49802
information under section 3314.40, 3319.313, 3326.24, 3328.19,	49803
5126.253, or 5153.176 of the Revised Code, but who in good faith	49804
provides information to the state board or superintendent of	49805
public instruction about alleged misconduct committed by a person	49806
who holds a license or has applied for issuance or renewal of a	49807
license, shall be confidential and shall not be released. Any such	49808
person shall be immune from any civil liability that otherwise	49809
might be incurred or imposed for injury, death, or loss to person	49810
or property as a result of the provision of that information.	49811

(H)(1) No person shall knowingly make a false report to the	49812
superintendent of public instruction or the state board of	49813
education alleging misconduct by an employee of a public or	49814
chartered nonpublic school or an employee of the operator of a	49815
community school established under Chapter 3314. or a	49816
college-preparatory boarding school established under Chapter	49817
3328. of the Revised Code.	49818

(2)(a) In any civil action brought against a person in which	49819
it is alleged and proved that the person violated division (H)(1)	49820
of this section, the court shall award the prevailing party	49821
reasonable attorney's fees and costs that the prevailing party	49822
incurred in the civil action or as a result of the false report	49823
that was the basis of the violation.	49824

(b) If a person is convicted of or pleads guilty to a	49825
violation of division (H)(1) of this section, if the subject of	49826
the false report that was the basis of the violation was charged	49827
with any violation of a law or ordinance as a result of the false	49828
report, and if the subject of the false report is found not to be	49829
guilty of the charges brought against the subject as a result of	49830
the false report or those charges are dismissed, the court that	49831
sentences the person for the violation of division (H)(1) of this	49832
section, as part of the sentence, shall order the person to pay	49833
restitution to the subject of the false report, in an amount equal	49834
to reasonable attorney's fees and costs that the subject of the	49835
false report incurred as a result of or in relation to the	49836
charges.	49837

Sec. 3319.39. (A)(1) Except as provided in division	49838
(F)(2)(b) of section 109.57 of the Revised Code, the appointing or	49839
hiring officer of the board of education of a school district, the	49840
governing board of an educational service center, or of a	49841
chartered nonpublic school shall request the superintendent of the	49842
bureau of criminal identification and investigation to conduct a	49843
criminal records check with respect to any applicant who has	49844
applied to the school district, educational service center, or	49845
school for employment in any position. The appointing or hiring	49846
officer shall request that the superintendent include information	49847
from the federal bureau of investigation in the criminal records	49848
check, unless all of the following apply to the applicant:	49849

(a) The applicant is applying to be an instructor of adult	49850
education.	49851

(b) The duties of the position for which the applicant is	49852
applying do not involve routine interaction with a child or	49853
regular responsibility for the care, custody, or control of a	49854
child or, if the duties do involve such interaction or	49855
responsibility, during any period of time in which the applicant,	49856
if hired, has such interaction or responsibility, another employee	49857
of the school district, educational service center, or chartered	49858
nonpublic school will be present in the same room with the child	49859
or, if outdoors, will be within a thirty-yard radius of the child	49860
or have visual contact with the child.	49861

(c) The applicant presents proof that the applicant has been	49862
a resident of this state for the five-year period immediately	49863
prior to the date upon which the criminal records check is	49864
requested or provides evidence that within that five-year period	49865
the superintendent has requested information about the applicant	49866
from the federal bureau of investigation in a criminal records	49867
check.	49868

(2) A person required by division (A)(1) of this section to	49869
request a criminal records check shall provide to each applicant a	49870
copy of the form prescribed pursuant to division (C)(1) of section	49871
109.572 of the Revised Code, provide to each applicant a standard	49872
impression sheet to obtain fingerprint impressions prescribed	49873
pursuant to division (C)(2) of section 109.572 of the Revised	49874
Code, obtain the completed form and impression sheet from each	49875
applicant, and forward the completed form and impression sheet to	49876
the superintendent of the bureau of criminal identification and	49877
investigation at the time the person requests a criminal records	49878
check pursuant to division (A)(1) of this section.	49879

(3) An applicant who receives pursuant to division (A)(2) of	49880
this section a copy of the form prescribed pursuant to division	49881
(C)(1) of section 109.572 of the Revised Code and a copy of an	49882
impression sheet prescribed pursuant to division (C)(2) of that	49883
section and who is requested to complete the form and provide a	49884
set of fingerprint impressions shall complete the form or provide	49885
all the information necessary to complete the form and shall	49886
provide the impression sheet with the impressions of the	49887
applicant's fingerprints. If an applicant, upon request, fails to	49888
provide the information necessary to complete the form or fails to	49889
provide impressions of the applicant's fingerprints, the board of	49890
education of a school district, governing board of an educational	49891
service center, or governing authority of a chartered nonpublic	49892
school shall not employ that applicant for any position.	49893

(4) Notwithstanding any provision of this section to the	49894
contrary, an applicant who meets the conditions prescribed in	49895
divisions (A)(1)(a) and (b) of this section and who, within the	49896
two-year period prior to the date of application, was the subject	49897
of a criminal records check under this section prior to being	49898
hired for short-term employment with the school district,	49899
educational service center, or chartered nonpublic school to which	49900
application is being made shall not be required to undergo a	49901
criminal records check prior to the applicant's rehiring by that	49902
district, service center, or school.	49903

(B)(1) Except as provided in rules adopted by the department	49904
of education in accordance with division (E) of this section and	49905
as provided in division (B)(3) of this section, no board of	49906
education of a school district, no governing board of an	49907
educational service center, and no governing authority of a	49908
chartered nonpublic school shall employ a person if the person	49909
previously has been convicted of or pleaded guilty to any of the	49910
following:	49911

(a) A violation of section 2903.01, 2903.02, 2903.03,	49912
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	49913
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	49914
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	49915
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01,	49916
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25,	49917
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,	49918
2925.06, or 3716.11 of the Revised Code, a violation of section	49919
2905.04 of the Revised Code as it existed prior to July 1, 1996, a	49920
violation of section 2919.23 of the Revised Code that would have	49921
been a violation of section 2905.04 of the Revised Code as it	49922
existed prior to July 1, 1996, had the violation been committed	49923
prior to that date, a violation of section 2925.11 of the Revised	49924
Code that is not a minor drug possession offense, or felonious	49925
sexual penetration in violation of former section 2907.12 of the	49926
Revised Code;	49927

(b) A violation of an existing or former law of this state,	49928
another state, or the United States that is substantially	49929
equivalent to any of the offenses or violations described in	49930
division (B)(1)(a) of this section.	49931

(2) A board, governing board of an educational service	49932
center, or a governing authority of a chartered nonpublic school	49933
may employ an applicant conditionally until the criminal records	49934
check required by this section is completed and the board or	49935
governing authority receives the results of the criminal records	49936
check. If the results of the criminal records check indicate that,	49937
pursuant to division (B)(1) of this section, the applicant does	49938
not qualify for employment, the board or governing authority shall	49939
release the applicant from employment.	49940

(3) No board and no governing authority of a chartered	49941
nonpublic school shall employ a teacher who previously has been	49942
convicted of or pleaded guilty to any of the offenses listed in	49943
section 3319.31 of the Revised Code.	49944

(C)(1) Each board and each governing authority of a chartered	49945
nonpublic school shall pay to the bureau of criminal	49946
identification and investigation the fee prescribed pursuant to	49947
division (C)(3) of section 109.572 of the Revised Code for each	49948
criminal records check conducted in accordance with that section	49949
upon the request pursuant to division (A)(1) of this section of	49950
the appointing or hiring officer of the board or governing	49951
authority.	49952

(2) A board and the governing authority of a chartered	49953
nonpublic school may charge an applicant a fee for the costs it	49954
incurs in obtaining a criminal records check under this section. A	49955
fee charged under this division shall not exceed the amount of	49956
fees the board or governing authority pays under division (C)(1)	49957
of this section. If a fee is charged under this division, the	49958
board or governing authority shall notify the applicant at the	49959
time of the applicant's initial application for employment of the	49960
amount of the fee and that, unless the fee is paid, the board or	49961
governing authority will not consider the applicant for	49962
employment.	49963

(D) The report of any criminal records check conducted by the	49964
bureau of criminal identification and investigation in accordance	49965
with section 109.572 of the Revised Code and pursuant to a request	49966
under division (A)(1) of this section is not a public record for	49967
the purposes of section 149.43 of the Revised Code and shall not	49968
be made available to any person other than the applicant who is	49969
the subject of the criminal records check or the applicant's	49970
representative, the board or governing authority requesting the	49971
criminal records check or its representative, and any court,	49972
hearing officer, or other necessary individual involved in a case	49973
dealing with the denial of employment to the applicant.	49974

(E) The department of education shall adopt rules pursuant to	49975
Chapter 119. of the Revised Code to implement this section,	49976
including rules specifying circumstances under which the board or	49977
governing authority may hire a person who has been convicted of an	49978
offense listed in division (B)(1) or (3) of this section but who	49979
meets standards in regard to rehabilitation set by the department.	49980

The department shall amend rule 3301-83-23 of the Ohio	49981
Administrative Code that took effect August 27, 2009, and that	49982
specifies the offenses that disqualify a person for employment as	49983
a school bus or school van driver and establishes rehabilitation	49984
standards for school bus and school van drivers.	49985

(F) Any person required by division (A)(1) of this section to	49986
request a criminal records check shall inform each person, at the	49987
time of the person's initial application for employment, of the	49988
requirement to provide a set of fingerprint impressions and that a	49989
criminal records check is required to be conducted and	49990
satisfactorily completed in accordance with section 109.572 of the	49991
Revised Code if the person comes under final consideration for	49992
appointment or employment as a precondition to employment for the	49993
school district, educational service center, or school for that	49994
position.	49995

(G) As used in this section:

49996

(1) "Applicant" means a person who is under final	49997
consideration for appointment or employment in a position with a	49998
board of education, governing board of an educational service	49999
center, or a chartered nonpublic school, except that "applicant"	50000
does not include a person already employed by a board or chartered	50001
nonpublic school who is under consideration for a different	50002
position with such board or school.	50003

(2) "Teacher" means a person holding an educator license or	50004
permit issued under section 3319.22 or 3319.301 of the Revised	50005
Code and teachers in a chartered nonpublic school.	50006

(3) "Criminal records check" has the same meaning as in	50007
section 109.572 of the Revised Code.	50008

(4) "Minor drug possession offense" has the same meaning as	50009
in section 2925.01 of the Revised Code.	50010

(H) If the board of education of a local school district	50011
adopts a resolution requesting the assistance of the educational	50012
service center in which the local district has territory in	50013
conducting criminal records checks of substitute teachers and	50014
substitutes for other district employees under this section, the	50015
appointing or hiring officer of such educational service center	50016
shall serve for purposes of this section as the appointing or	50017
hiring officer of the local board in the case of hiring substitute	50018
teachers and other substitute employees for the local district.	50019

Sec. 3319.57. (A) A grant program is hereby established	50020
under which the department of education shall award grants to	50021
assist certain schools in a city, exempted village, local, or	50022
joint vocational school district in implementing one of the	50023
following innovations:	50024

(1) The use of instructional specialists to mentor and	50025
support classroom teachers;	50026

(2) The use of building managers to supervise the	50027
administrative functions of school operation so that a school	50028
principal can focus on supporting instruction, providing	50029
instructional leadership, and engaging teachers as part of the	50030
instructional leadership team;	50031

(3) The reconfiguration of school leadership structure in a	50032
manner that allows teachers to serve in leadership roles so that	50033
teachers may share the responsibility for making and implementing	50034
school decisions;	50035

(4) The adoption of new models for restructuring the school	50036
day or school year, such as including teacher planning and	50037
collaboration time as part of the school day;	50038

(5) The creation of smaller schools or smaller units within	50039
larger schools for the purpose of facilitating teacher	50040
collaboration to improve and advance the professional practice of	50041
teaching;	50042

(6) The implementation of "grow your own" recruitment	50043
strategies that are designed to assist individuals who show a	50044
commitment to education become licensed teachers, to assist	50045
experienced teachers obtain licensure in subject areas for which	50046
there is need, and to assist teachers in becoming principals;	50047

(7) The provision of better conditions for new teachers, such	50048
as reduced teaching load and reduced class size;	50049

(8) The provision of incentives to attract qualified	50050
mathematics, science, or special education teachers;	50051

(9) The development and implementation of a partnership with	50052
teacher preparation programs at colleges and universities to help	50053
attract teachers qualified to teach in shortage areas;	50054

(10) The implementation of a program to increase the cultural	50055
competency of both new and veteran teachers;	50056

(11) The implementation of a program to increase the subject	50057
matter competency of veteran teachers.	50058

(B) To qualify for a grant to implement one of the	50059
innovations described in division (A) of this section, a school	50060
must meet both of the following criteria:	50061

(1) Be hard to staff, as defined by the department.

50062

(2) Use existing school district funds for the implementation	50063
of the innovation in an amount equal to the grant amount	50064
multiplied by (1 - the district's state share percentage for the	50065
fiscal year in which the grant is awarded).	50066

For purposes of division (B)(2) of this section, "state share	50067
percentage" has the same meaning as in section ~~3306.02~~3317.02 of	50068
the Revised Code.	50069

(C) The amount and number of grants awarded under this	50070
section shall be determined by the department based on any	50071
appropriations made by the general assembly for grants under this	50072
section.	50073

(D) The state board of education shall adopt rules for the	50074
administration of this grant program.	50075

Sec. 3319.58. (A) As used in this section:

50076

(1) "Core subject area" has the same meaning as in section	50077
3319.074 of the Revised Code.	50078

(2) "Performance index score" has the same meaning as in	50079
section 3302.01 of the Revised Code.	50080

(B) The department of education annually shall rank order	50081
into percentiles according to performance index score all school	50082
buildings of all city, exempted village, and local school	50083
districts, community schools established under Chapter 3314. of	50084
the Revised Code, and STEM schools established under Chapter 3326.	50085
of the Revised Code. The department shall notify each district	50086
board of education, each community school governing authority, and	50087
each STEM school governing body of the percentile ranking of each	50088
building of the district or school and whether division (C) of	50089
this section applies to the building based on that ranking.	50090

(C) Each year, the board of education of each school	50091
district, governing authority of each community school, and	50092
governing body of each STEM school with a building in the lowest	50093
ten percentiles of performance index score shall require each	50094
classroom teacher teaching in a core subject area in such a	50095
building to register for and take all written examinations	50096
prescribed by the state board of education for licensure to teach	50097
that core subject area and the grade level to which the teacher is	50098
assigned under section 3319.22 of the Revised Code.	50099

(D) Each district board of education, each community school	50100
governing authority, and each STEM school governing body may use	50101
the results of a teacher's examinations required under division	50102
(C) of this section in developing and revising professional	50103
development plans and in deciding whether or not to continue	50104
employing the teacher in accordance with the provisions of this	50105
chapter or Chapter 3314. or 3326. of the Revised Code. However, no	50106
decision to terminate or not to renew a teacher's employment	50107
contract shall be made solely on the basis of the results of a	50108
teacher's examination under this section until and unless the	50109
teacher has not attained a passing score on the same required	50110
examination for at least three consecutive administrations of that	50111
examination.	50112

Sec. 3319.71. (A) The school health services advisory council	50113
shall make recommendations on the following topics:	50114

(1) The content of the course of instruction required to	50115
obtain a school nurse license under section 3319.221 of the	50116
Revised Code;	50117

(2) The content of the course of instruction required to	50118
obtain a school nurse wellness coordinator license under section	50119
3319.221 of the Revised Code;	50120

(3) Best practices for the use of school nurses and school	50121
nurse wellness coordinators in providing health and wellness	50122
programs for students and employees of school districts, community	50123
schools established under Chapter 3314. of the Revised Code, and	50124
STEM schools established under Chapter 3326. of the Revised Code.	50125

(B) The council shall issue its initial recommendations not	50126
later than March 31, 2010, and may issue subsequent	50127
recommendations as it considers necessary. Copies of all	50128
recommendations shall be provided to the state board of education,	50129
the chancellor of the Ohio board of regents, and the board of	50130
nursing~~, and the health care coverage and quality council~~.	50131

Sec. 3323.09. (A) As used in this section:

50132

(1) "Home" has the meaning given in section 3313.64 of the	50133
Revised Code.	50134

(2) "Preschool child" means a child who is at least age three	50135
but under age six on the thirtieth day of September of an academic	50136
year.	50137

(B) Each county DD board shall establish special education	50138
programs for all children with disabilities who in accordance with	50139
section 3323.04 of the Revised Code have been placed in special	50140
education programs operated by the county board and for preschool	50141
children who are developmentally delayed or at risk of being	50142
developmentally delayed. The board annually shall submit to the	50143
department of education a plan for the provision of these programs	50144
and, if applicable, a request for approval of units under section	50145
3317.05 of the Revised Code. The superintendent of public	50146
instruction shall review the plan and approve or modify it in	50147
accordance with rules adopted by the state board of education	50148
under section 3301.07 of the Revised Code. The superintendent of	50149
public instruction shall compile the plans submitted by county	50150
boards and shall submit a comprehensive plan to the state board.	50151

A county DD board may combine transportation for children	50152
enrolled in classes funded under section 3317.20 or units approved	50153
under section 3317.05 with transportation for children and adults	50154
enrolled in programs and services offered by the board under	50155
~~section 5126.12~~Chapter 5126. of the Revised Code.	50156

(C) A county DD board that during the school year provided	50157
special education pursuant to this section for any child with	50158
mental disabilities under twenty-two years of age shall prepare	50159
and submit the following reports and statements:	50160

(1) The board shall prepare a statement for each child who at	50161
the time of receiving such special education was a resident of a	50162
home and was not in the legal or permanent custody of an Ohio	50163
resident or a government agency in this state, and whose natural	50164
or adoptive parents are not known to have been residents of this	50165
state subsequent to the child's birth. The statement shall contain	50166
the child's name, the name of the child's school district of	50167
residence, the name of the county board providing the special	50168
education, and the number of months, including any fraction of a	50169
month, it was provided. Not later than the thirtieth day of June,	50170
the board shall forward a certified copy of such statement to both	50171
the director of developmental disabilities and to the home.	50172

Within thirty days after its receipt of a statement, the home	50173
shall pay tuition to the county board computed in the manner	50174
prescribed by section 3323.141 of the Revised Code.	50175

(2) The board shall prepare a report for each school district	50176
that is the school district of residence of one or more of such	50177
children for whom statements are not required by division (C)(1)	50178
of this section. The report shall contain the name of the county	50179
board providing special education, the name of each child	50180
receiving special education, the number of months, including	50181
fractions of a month, that the child received it, and the name of	50182
the child's school district of residence. Not later than the	50183
thirtieth day of June, the board shall forward certified copies of	50184
each report to the school district named in the report, the	50185
superintendent of public instruction, and the director of	50186
developmental disabilities.	50187

Sec. 3323.091. (A) The department of mental health, the	50188
department of developmental disabilities, the department of youth	50189
services, and the department of rehabilitation and correction	50190
shall establish and maintain special education programs for	50191
children with disabilities in institutions under their	50192
jurisdiction according to standards adopted by the state board of	50193
education.	50194

(B) The superintendent of each state institution required to	50195
provide services under division (A) of this section, and each	50196
county DD board, providing special education for preschool	50197
children with disabilities under this chapter may apply to the	50198
state department of education for unit funding, which shall be	50199
paid in accordance with sections 3317.052 and 3317.053 of the	50200
Revised Code.	50201

The superintendent of each state institution required to	50202
provide services under division (A) of this section may apply to	50203
the department of education for special education and related	50204
services weighted funding for children with disabilities other	50205
than preschool children with disabilities, calculated in	50206
accordance with section 3317.201 of the Revised Code.	50207

Each county DD board providing special education for children	50208
with disabilities other than preschool children with disabilities	50209
may apply to the department of education for base cost and special	50210
education and related services weighted funding calculated in	50211
accordance with section 3317.20 of the Revised Code.	50212

(C) In addition to the authorization to apply for state	50213
funding described in division (B) of this section, each state	50214
institution required to provide services under division (A) of	50215
this section is entitled to tuition payments calculated in the	50216
manner described in division (C) of this section.	50217

On or before the thirtieth day of June of each year, the	50218
superintendent of each institution that during the school year	50219
provided special education pursuant to this section shall prepare	50220
a statement for each child with a disability under twenty-two	50221
years of age who has received special education. The statement	50222
shall contain the child's data verification code assigned pursuant	50223
to division (D)(2) of section 3301.0714 of the Revised Code and	50224
the name of the child's school district of residence. Within sixty	50225
days after receipt of such statement, the department of education	50226
shall perform one of the following:	50227

(1) For any child except a preschool child with a disability	50228
described in division (C)(2) of this section, pay to the	50229
institution submitting the statement an amount equal to the	50230
tuition calculated under division (A) of section 3317.08 of the	50231
Revised Code for the period covered by the statement, and deduct	50232
the same from the amount of state funds, if any, payable under	50233
~~sections 3306.13 and 3317.023~~Chapter 3317. of the Revised Code,	50234
to the child's school district of residence or, if the amount of	50235
such state funds is insufficient, require the child's school	50236
district of residence to pay the institution submitting the	50237
statement an amount equal to the amount determined under this	50238
division.	50239

(2) For any preschool child with a disability not included in	50240
a unit approved under division (B) of section 3317.05 of the	50241
Revised Code, perform the following:	50242

(a) Pay to the institution submitting the statement an amount	50243
equal to the tuition calculated under division (B) of section	50244
3317.08 of the Revised Code for the period covered by the	50245
statement, except that in calculating the tuition under that	50246
section the operating expenses of the institution submitting the	50247
statement under this section shall be used instead of the	50248
operating expenses of the school district of residence;	50249

(b) Deduct from the amount of state funds, if any, payable	50250
under ~~sections 3317.022 or 3306.13 and 3317.023~~Chapter 3317. of	50251
the Revised Code to the child's school district of residence an	50252
amount equal to the amount paid under division (C)(2)(a) of this	50253
section.	50254

Sec. 3323.14. This section does not apply to any preschool	50255
child with a disability except if included in a unit approved	50256
under division (B) of section 3317.05 of the Revised Code.	50257

(A) Where a child who is a school resident of one school	50258
district receives special education from another district and the	50259
per capita cost to the educating district for that child exceeds	50260
the sum of the amount received by the educating district for that	50261
child under division (A) of section 3317.08 of the Revised Code	50262
and the amount received by the district from the state board of	50263
education for that child, then the board of education of the	50264
district of residence shall pay to the board of the school	50265
district that is providing the special education such excess cost	50266
as is determined by using a formula approved by the department of	50267
education and agreed upon in contracts entered into by the boards	50268
of the districts concerned at the time the district providing such	50269
special education accepts the child for enrollment. The department	50270
shall certify the amount of the payments under ~~Chapters 3306. and~~	50271
Chapter 3317. of the Revised Code for such pupils with	50272
disabilities for each school year ending on the thirtieth day of	50273
July.	50274

(B) In the case of a child described in division (A) of this	50275
section who has been placed in a home, as defined in section	50276
3313.64 of the Revised Code, pursuant to the order of a court and	50277
who is not subject to section 3323.141 of the Revised Code, the	50278
district providing the child with special education and related	50279
services may charge to the child's district of residence the	50280
excess cost determined by formula approved by the department,	50281
regardless of whether the district of residence has entered into a	50282
contract with the district providing the services. If the district	50283
providing the services chooses to charge excess costs, the	50284
district may report the amount calculated under this division to	50285
the department.	50286

(C) If a district providing special education for a child	50287
reports an amount for the excess cost of those services, as	50288
authorized and calculated under division (A) or (B) of this	50289
section, the department shall pay that amount of excess cost to	50290
the district providing the services and shall deduct that amount	50291
from the child's district of residence in accordance with division	50292
~~(N)~~(K) of section 3317.023 of the Revised Code.	50293

Sec. 3323.142. This section does not apply to any preschool	50294
child with a disability except if included in a unit approved	50295
under division (B) of section 3317.05 of the Revised Code.	50296

As used in this section, "per pupil amount" for a preschool	50297
child with a disability included in such an approved unit means	50298
the amount determined by dividing the amount received for the	50299
classroom unit in which the child has been placed by the number of	50300
children in the unit. For any other child, "per pupil amount"	50301
means the amount paid for the child under section 3317.20 of the	50302
Revised Code.	50303

When a school district places or has placed a child with a	50304
county DD board for special education, but another district is	50305
responsible for tuition under section 3313.64 or 3313.65 of the	50306
Revised Code and the child is not a resident of the territory	50307
served by the county DD board, the board may charge the district	50308
responsible for tuition with the educational costs in excess of	50309
the per pupil amount received by the board under ~~Chapters 3306.~~	50310
~~and~~Chapter 3317. of the Revised Code. The amount of the excess	50311
cost shall be determined by the formula established by rule of the	50312
department of education under section 3323.14 of the Revised Code,	50313
and the payment for such excess cost shall be made by the school	50314
district directly to the county DD board.	50315

A school district board of education and the county DD board	50316
that serves the school district may negotiate and contract, at or	50317
after the time of placement, for payments by the board of	50318
education to the county DD board for additional services provided	50319
to a child placed with the county DD board and whose	50320
individualized education program established pursuant to section	50321
3323.08 of the Revised Code requires additional services that are	50322
not routinely provided children in the county DD board's program	50323
but are necessary to maintain the child's enrollment and	50324
participation in the program. Additional services may include, but	50325
are not limited to, specialized supplies and equipment for the	50326
benefit of the child and instruction, training, or assistance	50327
provided by staff members other than staff members for which	50328
funding is received under Chapter ~~3306. or~~ 3317. of the Revised	50329
Code.	50330

Sec. 3323.25. (A) This section applies to an individual	50331
enrolled in a dropout prevention and recovery program operated by	50332
a community school for whom all of the following conditions are	50333
met:	50334

(1) The individual is between twenty-two and thirty years of	50335
age.	50336

(2) The individual is enrolled in the school's program under	50337
section 3314.38 of the Revised Code.	50338

(3) The individual has a disability of the types described in	50339
division (A)(1) of section 3323.01 of the Revised Code.	50340

(B) In addition to its other responsibilities under this	50341
chapter, the community school may provide to any individual to	50342
whom this section applies special education and related services	50343
in accordance with rules adopted by the state board of education	50344
under division (C) of this section.	50345

(C) The state board shall adopt rules, in accordance with	50346
Chapter 119. of the Revised Code, prescribing standards and	50347
requirements for the provision of special education and related	50348
services to individuals to whom this section applies that are	50349
comparable to the standards and requirements for services to	50350
children with disabilities. The rules shall include standards and	50351
requirements for the identification of individuals with	50352
disabilities who qualify for services under this section,	50353
development and implementation of service plans for those	50354
services, appropriate procedural safeguards, and any other issues	50355
the state board determines are necessary to implement this	50356
section.	50357

Sec. 3323.31. The Franklin county educational service center	50358
shall establish the Ohio ~~Center~~center for ~~Autism~~autism and ~~Low~~	50359
~~Incidence~~low incidence. The ~~Center~~center shall administer	50360
programs and coordinate services for infants, preschool and	50361
school-age children, and adults with autism and low incidence	50362
disabilities. The ~~Center's~~center's principal focus shall be	50363
programs and services for persons with autism. The ~~Center~~center	50364
shall be under the direction of an executive director, appointed	50365
by the superintendent of the service center in consultation with	50366
the advisory board established under section 3323.33 of the	50367
Revised Code.	50368

In addition to its other duties, the Ohio ~~Center~~center for	50369
~~Autism~~autism and ~~Low Incidence~~low incidence shall participate	50370
as a member of anthe interagency workgroup on autism, as it is	50371
established by the ~~department~~director of developmental	50372
disabilities ~~and~~under section 5123.0419 of the Revised Code. The	50373
center shall provide technical assistance and support to the	50374
department of developmental disabilities in the department's	50375
leadership role to develop and implement the ~~initiatives~~	50376
~~identified by~~projects and activities of the workgroup.	50377

Sec. 3324.05. (A) Each school district shall submit an	50378
annual report to the department of education specifying the number	50379
of students in each of grades kindergarten through ~~twelfth~~twelve	50380
screened, the number assessed, and the number identified as gifted	50381
in each category specified in section 3324.03 of the Revised Code.	50382

(B) The department of education shall audit each school	50383
district's identification numbers at least once every three years	50384
and may select any district at random or upon complaint or	50385
suspicion of noncompliance for a further audit to determine	50386
compliance with sections 3324.03 to 3324.06 of the Revised Code.	50387

(C) The department shall provide technical assistance to any	50388
district found in noncompliance under division (B) of this	50389
section. The department may reduce funds received by the district	50390
under ~~Chapters 3306. and~~Chapter 3317. of the Revised Code by any	50391
amount if the district continues to be noncompliant.	50392

Sec. 3324.08. Any person employed by a school district and	50393
assigned to a school as a principal or any other position may also	50394
serve as the district's gifted education coordinator, if qualified	50395
to do so pursuant to the rules adopted by the state board of	50396
education under this chapter.	50397

Sec. 3325.01. The state school for the deaf and the state	50398
school for the blind shall be under the control and supervision of	50399
the state board of education. On the recommendation of the	50400
superintendent of public instruction, the state board of education	50401
shall appoint a superintendent for the state school for the deaf	50402
and a superintendent for the state school for the blind, each of	50403
whom shall serve at the pleasure of the state board. The state	50404
board may appoint one person to serve as the superintendent for	50405
both the state school for the deaf and the state school for the	50406
blind.	50407

Sec. 3325.08. (A) A diploma shall be granted by the	50408
superintendent of the state school for the blind and the	50409
superintendent of the state school for the deaf to any student	50410
enrolled in one of these state schools to whom all of the	50411
following apply:	50412

(1) The student has successfully completed the individualized	50413
education program developed for the student for the student's high	50414
school education pursuant to section 3323.08 of the Revised Code;	50415

(2) Subject to section 3313.614 of the Revised Code, the	50416
student has met the assessment requirements of division (A)(2)(a)	50417
or (b) of this section, as applicable.	50418

(a) If the student entered the ninth grade prior to the date	50419
prescribed by rule of the state board of education under division	50420
~~(E)~~(D)(2) of section 3301.0712 of the Revised Code, the student	50421
either:	50422

(i) Has attained at least the applicable scores designated	50423
under division (B)(1) of section 3301.0710 of the Revised Code on	50424
all the assessments prescribed by that division unless division	50425
(L) of section 3313.61 of the Revised Code applies to the student;	50426

(ii) Has satisfied the alternative conditions prescribed in	50427
section 3313.615 of the Revised Code.	50428

(b) If the student entered the ninth grade on or after the	50429
date prescribed by rule of the state board under division	50430
~~(E)~~(D)(2) of section 3301.0712 of the Revised Code, the student	50431
has ~~attained on~~met the requirements of the entire assessment	50432
system prescribed under division (B)(2) of section 3301.0710 of	50433
the Revised Code ~~at least the required passing composite score,~~	50434
~~designated under division (C)(1) of section 3301.0712 of the~~	50435
~~Revised Code~~, except to the extent that division (L) of section	50436
3313.61 of the Revised Code applies to the student.	50437

(3) The student is not eligible to receive an honors diploma	50438
granted pursuant to division (B) of this section.	50439

No diploma shall be granted under this division to anyone	50440
except as provided under this division.	50441

(B) In lieu of a diploma granted under division (A) of this	50442
section, the superintendent of the state school for the blind and	50443
the superintendent of the state school for the deaf shall grant an	50444
honors diploma, in the same manner that the boards of education of	50445
school districts grant such diplomas under division (B) of section	50446
3313.61 of the Revised Code, to any student enrolled in one of	50447
these state schools who accomplishes all of the following:	50448

(1) Successfully completes the individualized education	50449
program developed for the student for the student's high school	50450
education pursuant to section 3323.08 of the Revised Code;	50451

(2) Subject to section 3313.614 of the Revised Code, has met	50452
the assessment requirements of division (B)(2)(a) or (b) of this	50453
section, as applicable.	50454

(a) If the student entered the ninth grade prior to the date	50455
prescribed by rule of the state board under division ~~(E)~~(D)(2) of	50456
section 3301.0712 of the Revised Code, the student either:	50457

(i) Has attained at least the applicable scores designated	50458
under division (B)(1) of section 3301.0710 of the Revised Code on	50459
all the assessments prescribed under that division;	50460

(ii) Has satisfied the alternative conditions prescribed in	50461
section 3313.615 of the Revised Code.	50462

(b) If the student entered the ninth grade on or after the	50463
date prescribed by rule of the state board under division	50464
~~(E)~~(D)(2) of section 3301.0712 of the Revised Code, the student	50465
has ~~attained on~~met the requirements of the entire assessment	50466
system prescribed under division (B)(2) of section 3301.0710 of	50467
the Revised Code ~~at least the required passing composite score,~~	50468
~~designated under division (C)(1) of section 3301.0712 of the~~	50469
~~Revised Code~~.	50470

(3) Has met additional criteria for granting an honors	50471
diploma.	50472

These additional criteria shall be the same as those	50473
prescribed by the state board under division (B) of section	50474
3313.61 of the Revised Code for the granting of such diplomas by	50475
school districts. No honors diploma shall be granted to anyone	50476
failing to comply with this division and not more than one honors	50477
diploma shall be granted to any student under this division.	50478

(C) A diploma or honors diploma awarded under this section	50479
shall be signed by the superintendent of public instruction and	50480
the superintendent of the state school for the blind or the	50481
superintendent of the state school for the deaf, as applicable.	50482
Each diploma shall bear the date of its issue and be in such form	50483
as the school superintendent prescribes.	50484

(D) Upon granting a diploma to a student under this section,	50485
the superintendent of the state school in which the student is	50486
enrolled shall provide notice of receipt of the diploma to the	50487
board of education of the school district where the student is	50488
entitled to attend school under section 3313.64 or 3313.65 of the	50489
Revised Code when not residing at the state school for the blind	50490
or the state school for the deaf. The notice shall indicate the	50491
type of diploma granted.	50492

Sec. 3326.11. Each science, technology, engineering, and	50493
mathematics school established under this chapter and its	50494
governing body shall comply with sections 9.90, 9.91, 109.65,	50495
121.22, 149.43, 2151.357, 2151.421, 2313.18, 2921.42, 2921.43,	50496
3301.0714, 3301.0715, 3313.14, 3313.15, 3313.16, 3313.18,	50497
3313.201, 3313.26, 3313.472, 3313.48, 3313.481, 3313.482, 3313.50,	50498
3313.536, 3313.608, 3313.6012, 3313.6013, 3313.6014, 3313.6015,	50499
3313.61, 3313.611, 3313.614, 3313.615, 3313.643, 3313.648,	50500
3313.66, 3313.661, 3313.662, 3313.666, 3313.667, 3313.67,	50501
3313.671, 3313.672, 3313.673, 3313.674, 3313.69, 3313.71,	50502
3313.716, 3313.718, 3313.719, 3313.80, 3313.801, 3313.814,	50503
3313.816, 3313.817, 3313.86, 3313.88, 3313.96, 3317.141, 3319.073,	50504
3319.08, 3319.111, 3319.17, 3319.21, 3319.32, 3319.321, 3319.35,	50505
3319.39, 3319.391, 3319.41, 3319.45, 3321.01, 3321.041, 3321.13,	50506
3321.14, 3321.17, 3321.18, 3321.19, 3321.191, 3327.10, 4111.17,	50507
4113.52, and 5705.391 and Chapters 102., 117., 1347., 2744.,	50508
3307., 3309., 3365., 3742., 4112., 4123., 4141., and 4167. of the	50509
Revised Code as if it were a school district.	50510

Sec. 3326.33. Payments and deductions under this section for	50511
fiscal years ~~2010~~2012 and ~~2011~~2013 shall be made in accordance	50512
with section 3326.39 of the Revised Code.	50513

For each student enrolled in a science, technology,	50514
engineering, and mathematics school established under this	50515
chapter, the department of education annually shall deduct from	50516
the state education aid of a student's resident school district	50517
and, if necessary, from the payment made to the district under	50518
sections 321.24 and 323.156 of the Revised Code and pay to the	50519
school the sum of the following:	50520

(A) The sum of the formula amount plus the per pupil amount	50521
of the base funding supplements specified in divisions (C)(1) to	50522
(4) of section 3317.012 of the Revised Code.	50523

(B) If the student is receiving special education and related	50524
services pursuant to an IEP, the product of the applicable special	50525
education weight times the formula amount;	50526

(C) If the student is enrolled in vocational education	50527
programs or classes that are described in section 3317.014 of the	50528
Revised Code, are provided by the school, and are comparable as	50529
determined by the superintendent of public instruction to school	50530
district vocational education programs and classes eligible for	50531
state weighted funding under section 3317.014 of the Revised Code,	50532
the product of the applicable vocational education weight times	50533
the formula amount times the percentage of time the student spends	50534
in the vocational education programs or classes;	50535

(D) If the student is included in the poverty student count	50536
of the student's resident district, the per pupil amount of the	50537
district's payment under division (C) of section 3317.029 of the	50538
Revised Code;	50539

(E) If the student is identified as limited English	50540
proficient and the student's resident district receives a payment	50541
for services to limited English proficient students under division	50542
(F) of section 3317.029 of the Revised Code, the per pupil amount	50543
of the district's payment under that division, calculated in the	50544
same manner as per pupil payments are calculated under division	50545
(C)(6) of section 3314.08 of the Revised Code;	50546

(F) If the student's resident district receives a payment	50547
under division (G), (H), or (I) of section 3317.029 of the Revised	50548
Code, the per pupil amount of the district's payments under each	50549
division, calculated in the same manner as per pupil payments are	50550
calculated under divisions (C)(7) and (8) of section 3314.08 of	50551
the Revised Code;	50552

(G) If the student's resident district receives a parity aid	50553
payment under section 3317.0217 of the Revised Code, the per pupil	50554
amount calculated for the district under division (C) or (D) of	50555
that section.	50556

Sec. 3326.39. For purposes of applying sections 3326.31 to	50557
3326.37 of the Revised Code to fiscal years ~~2010~~2012 and ~~2011~~	50558
2013:	50559

(A) The formula amount for STEM schools for each of fiscal	50560
~~year 2010 is $5,718, and for fiscal year 2011 is $5,703. These~~	50561
~~respective amounts~~years 2012 and 2013 is $5,653. That amount	50562
shall be applied wherein sections 3326.31 to 3326.37 of the	50563
Revised Code the formula amount is specified, except for deducting	50564
and paying amounts for special education weighted funding and	50565
vocational education weighted funding.	50566

(B) The base funding supplements under section 3317.012 of	50567
the Revised Code shall be deemed in each year to be the amounts	50568
specified in that section for fiscal year 2009.	50569

(C) Special education additional weighted funding shall be	50570
calculated by multiplying the applicable weight specified for	50571
fiscal year 2009 in section 3317.013 of the Revised Code, as it	50572
existed for that fiscal year ~~2009~~, times $5,732.	50573

(D) Vocational education additional weighted funding shall be	50574
calculated by multiplying the applicable weight specified in	50575
section 3317.014 of the Revised Code for fiscal year 2009 times	50576
$5,732.	50577

(E) The per pupil amounts paid to a school district under	50578
sections 3317.029 and 3317.0217 of the Revised Code shall be	50579
deemed to be the respective per pupil amounts paid under those	50580
sections to that district for fiscal year 2009.	50581

Sec. 3327.02. (A) After considering each of the following	50582
factors, the board of education of a city, exempted village, or	50583
local school district may determine that it is impractical to	50584
transport a pupil who is eligible for transportation to and from a	50585
school under section 3327.01 of the Revised Code:	50586

(1) The time and distance required to provide the	50587
transportation;	50588

(2) The number of pupils to be transported;

50589

(3) The cost of providing transportation in terms of	50590
equipment, maintenance, personnel, and administration;	50591

(4) Whether similar or equivalent service is provided to	50592
other pupils eligible for transportation;	50593

(5) Whether and to what extent the additional service	50594
unavoidably disrupts current transportation schedules;	50595

(6) Whether other reimbursable types of transportation are	50596
available.	50597

(B)(1) Based on its consideration of the factors established	50598
in division (A) of this section, the board may pass a resolution	50599
declaring the impracticality of transportation. The resolution	50600
shall include each pupil's name and the reason for impracticality.	50601

(2) The board shall report its determination to the state	50602
board of education in a manner determined by the state board.	50603

(3) The board of education of a local school district	50604
additionally shall submit the resolution for concurrence to the	50605
educational service center that contains the local district's	50606
territory. If the educational service center governing board	50607
considers transportation by school conveyance practicable, it	50608
shall so inform the local board and transportation shall be	50609
provided by such local board. If the educational service center	50610
board agrees with the view of the local board, the local board may	50611
offer payment in lieu of transportation as provided in this	50612
section.	50613

(C) After passing the resolution declaring the impracticality	50614
of transportation, the district board shall offer to provide	50615
payment in lieu of transportation by doing the following:	50616

(1) In accordance with guidelines established by the	50617
department of education, informing the pupil's parent, guardian,	50618
or other person in charge of the pupil of both of the following:	50619

(a) The board's resolution;

50620

(b) The right of the pupil's parent, guardian, or other	50621
person in charge of the pupil to accept the offer of payment in	50622
lieu of transportation or to reject the offer and instead request	50623
the department to initiate mediation procedures.	50624

(2) Issuing the pupil's parent, guardian, or other person in	50625
charge of the pupil a contract or other form on which the parent,	50626
guardian, or other person in charge of the pupil is given the	50627
option to accept or reject the board's offer of payment in lieu of	50628
transportation.	50629

(D) If the parent, guardian, or other person in charge of the	50630
pupil accepts the offer of payment in lieu of providing	50631
transportation, the board shall pay the parent, guardian, or other	50632
person in charge of the ~~child~~pupil an amount that shall be not	50633
less than the amount determined by the department of education as	50634
the minimum for payment in lieu of transportation, and not more	50635
than the amount determined by the department as the average cost	50636
of pupil transportation for the previous school year. Payment may	50637
be prorated if the time period involved is only a part of the	50638
school year.	50639

(E)(1)(a) Upon the request of a parent, guardian, or other	50640
person in charge of the pupil who rejected the payment in lieu of	50641
transportation, the department shall conduct mediation procedures.	50642

(b) If the mediation does not resolve the dispute, the state	50643
board of education shall conduct a hearing in accordance with	50644
Chapter 119. of the Revised Code. The state board may approve the	50645
payment in lieu of transportation or may order the board of	50646
education to provide transportation. The decision of the state	50647
board is binding in subsequent years and on future parties in	50648
interest provided the facts of the determination remain	50649
comparable.	50650

(2) The school district shall provide transportation for the	50651
pupil from the time the parent, guardian, or other person in	50652
charge of the pupil requests mediation until the matter is	50653
resolved under division (E)(1)(a) or (b) of this section.	50654

(F)(1) If the department determines that a school district	50655
board has failed or is failing to provide transportation as	50656
required by division (E)(2) of this section or as ordered by the	50657
state board under division (E)(1)(b) of this section, the	50658
department shall order the school district board to pay to the	50659
pupil's parent, guardian, or other person in charge of the pupil,	50660
an amount equal to the state average daily cost of transportation	50661
as determined by the state board of education for the previous	50662
year. The school district board shall make payments on a schedule	50663
ordered by the department.	50664

(2) If the department subsequently finds that a school	50665
district board is not in compliance with an order issued under	50666
division (F)(1) of this section and the affected pupils are	50667
enrolled in a nonpublic or community school, the department shall	50668
deduct the amount that the board is required to pay under that	50669
order from any pupil transportation payments the department makes	50670
to the school district board under section ~~3306.12~~3317.0212 of	50671
the Revised Code or other provisions of law. The department shall	50672
use the moneys so deducted to make payments to the nonpublic or	50673
community school attended by the pupil. The department shall	50674
continue to make the deductions and payments required under this	50675
division until the school district board either complies with the	50676
department's order issued under division (F)(1) of this section or	50677
begins providing transportation.	50678

(G) A nonpublic or community school that receives payments	50679
from the department under division (F)(2) of this section shall do	50680
either of the following:	50681

(1) Disburse the entire amount of the payments to the parent,	50682
guardian, or other person in ~~control~~charge of the pupil affected	50683
by the failure of the school district of residence to provide	50684
transportation;	50685

(2) Use the entire amount of the payments to provide	50686
acceptable transportation for the affected pupil.	50687

Sec. 3327.04. (A) The board of education of any city,	50688
exempted village, or local school district may contract with the	50689
board of another district for the admission or transportation, or	50690
both, of pupils into any school in such other district, on terms	50691
agreed upon by such boards.	50692

(B) The boards of two school districts may enter into a	50693
contract under this section to share the provision of	50694
transportation to a child who resides in one school district and	50695
attends school in the other district. Under such an agreement, one	50696
district may claim the total transportation subsidy available for	50697
such child under section ~~3306.12~~3317.0212 of the Revised Code or	50698
other provisions of law and may agree to pay any portion of such	50699
subsidy to the other district sharing the provision of	50700
transportation to that child. The contract shall delineate the	50701
transportation responsibilities of each district.	50702

A school district that enters into a contract under this	50703
section is not liable for any injury, death, or loss to the person	50704
or property of a student that may occur while the student is being	50705
furnished transportation by the other school district that is a	50706
party to the contract.	50707

(C) Whenever a board not maintaining a high school enters	50708
into an agreement with one or more boards maintaining such school	50709
for the schooling of all its high school pupils, the board making	50710
such agreement is exempt from the payment of tuition at other high	50711
schools of pupils living within three miles of the school	50712
designated in the agreement. In case no such agreement is entered	50713
into, the high school to be attended can be selected by the pupil	50714
holding an eighth grade diploma, and the tuition shall be paid by	50715
the board of the district of school residence.	50716

Sec. 3327.05. (A) Except as provided in division (B) of this	50717
section, no board of education of any school district shall	50718
provide transportation for any pupil who is a school resident of	50719
another school district unless the pupil is enrolled pursuant to	50720
section 3313.98 of the Revised Code or the board of the other	50721
district has given its written consent thereto. If the board of	50722
any school district files with the state board of education a	50723
written complaint that transportation for resident pupils is being	50724
provided by the board of another school district contrary to this	50725
division, the state board of education shall make an investigation	50726
of such complaint. If the state board of education finds that	50727
transportation is being provided contrary to this section, it may	50728
withdraw from state funds due the offending district any part of	50729
the amount that has been approved for transportation pursuant to	50730
section ~~3306.12~~3317.0212 of the Revised Code or other provisions	50731
of law.	50732

(B) Notwithstanding division (D) of section 3311.19 and	50733
division (D) of section 3311.52 of the Revised Code, this division	50734
does not apply to any joint vocational or cooperative education	50735
school district.	50736

A board of education may provide transportation to and from	50737
the nonpublic school of attendance if both of the following apply:	50738

(1) The parent, guardian, or other person in charge of the	50739
pupil agrees to pay the board for all costs incurred in providing	50740
the transportation that are not reimbursed pursuant to Chapter	50741
~~3306. or~~ 3317. of the Revised Code;	50742

(2) The pupil's school district of residence does not provide	50743
transportation for public school pupils of the same grade as the	50744
pupil being transported under this division, or that district is	50745
not required under section 3327.01 of the Revised Code to	50746
transport the pupil to and from the nonpublic school because the	50747
direct travel time to the nonpublic school is more than thirty	50748
minutes.	50749

Upon receipt of the request to provide transportation, the	50750
board shall review the request and determine whether the board	50751
will accommodate the request. If the board agrees to transport the	50752
pupil, the board may transport the pupil to and from the nonpublic	50753
school and a collection point in the district, as determined by	50754
the board. If the board transports the pupil, the board may	50755
include the pupil in the district's transportation ADM reported to	50756
the department of education under section 3317.03 of the Revised	50757
Code and, accordingly, may receive a state payment under section	50758
~~3306.12~~3317.0212 of the Revised Code or other provisions of law	50759
for transporting the pupil.	50760

If the board declines to transport the pupil, the board, in a	50761
written communication to the parent, guardian, or other person in	50762
charge of the pupil, shall state the reasons for declining the	50763
request.	50764

Sec. 3328.01. As used in this chapter:

50765

(A) "Child with a disability," "IEP," and "school district of	50766
residence" have the same meanings as in section 3323.01 of the	50767
Revised Code.	50768

(B) "Eligible student" means a student who is entitled to	50769
attend school in a participating school district; is at risk of	50770
academic failure; is from a family whose income is below two	50771
hundred per cent of the federal poverty guidelines, as defined in	50772
section 5101.46 of the Revised Code; meets any additional criteria	50773
prescribed by agreement between the state board of education and	50774
the operator of the college-preparatory boarding school in which	50775
the student seeks enrollment; and meets at least two of the	50776
following additional conditions:	50777

(1) The student has a record of in-school disciplinary	50778
actions, suspensions, expulsions, or truancy.	50779

(2) The student has not attained at least a proficient score	50780
on the state achievement assessments in English language arts,	50781
reading, or mathematics prescribed under section 3301.0710 of the	50782
Revised Code, after those assessments have been administered to	50783
the student at least once, or the student has not attained at	50784
least a score designated by the board of trustees of the	50785
college-preparatory boarding school in which the student seeks	50786
enrollment under this chapter on an end-of-course examination in	50787
English language arts or mathematics prescribed under section	50788
3301.0712 of the Revised Code.	50789

(3) The student is a child with a disability.

50790

(4) The student has been referred for academic intervention	50791
services.	50792

(5) The student's head of household is a single parent. As	50793
used in this division and in division (B)(6) of this section,	50794
"head of household" means a person who occupies the same household	50795
as the student and who is financially responsible for the student.	50796

(6) The student's head of household is not the student's	50797
custodial parent.	50798

(7) A member of the student's family has been imprisoned, as	50799
defined in section 1.05 of the Revised Code.	50800

(C) "Entitled to attend school" means entitled to attend	50801
school in a school district under section 3313.64 or 3313.65 of	50802
the Revised Code.	50803

(D) "Operator" means the operator of a college-preparatory	50804
boarding school selected under section 3328.11 of the Revised	50805
Code.	50806

(E) "Participating school district" means either of the	50807
following:	50808

(1) The school district in which a college-preparatory	50809
boarding school established under this chapter is located;	50810

(2) A school district other than one described in division	50811
(E)(1) of this section that, pursuant to procedures adopted by the	50812
state board of education under section 3328.04 of the Revised	50813
Code, agrees to be a participating school district so that	50814
eligible students entitled to attend school in that district may	50815
enroll in a college-preparatory boarding school established under	50816
this chapter.	50817

Sec. 3328.02. Each college-preparatory boarding school	50818
established under this chapter is a public school and is part of	50819
the state's program of education, subject to a charter granted by	50820
the state board of education under section 3301.16 of the Revised	50821
Code.	50822

Sec. 3328.03. In accordance with Section 22 of Article II,	50823
Ohio Constitution, no agreement or contract entered into under	50824
this chapter shall create an obligation of state funds for a	50825
period longer than two years; however, the general assembly, every	50826
two years, may authorize renewal of any such obligation.	50827

Sec. 3328.04. The city, exempted village, or local school	50828
district in which a college-preparatory boarding school	50829
established under this chapter is located is a participating	50830
school district under this chapter. Any other city, exempted	50831
village, or local school district may agree to be a participating	50832
school district. The state board of education shall adopt	50833
procedures for districts to agree to be participating school	50834
districts.	50835

Sec. 3328.11. (A) In accordance with the procedures	50836
prescribed in division (B) of this section, the state board of	50837
education shall select a private nonprofit corporation that meets	50838
the following qualifications to operate each college-preparatory	50839
boarding school established under this chapter:	50840

(1) The corporation has experience operating a school or	50841
program similar to the schools authorized under this chapter.	50842

(2) The school or program described in division (A)(1) of	50843
this section has demonstrated to the satisfaction of the state	50844
board success in improving the academic performance of students.	50845

(3) The corporation has demonstrated to the satisfaction of	50846
the state board that the corporation has the capacity to secure	50847
private funds for the development of the school authorized under	50848
this chapter.	50849

(B)(1) Not later than sixty days after the effective date of	50850
this section, the state board shall issue a request for proposals	50851
from private nonprofit corporations qualified to operate a	50852
college-preparatory boarding school established under this	50853
chapter. If the state board subsequently determines that the	50854
establishment of one or more additional college-preparatory	50855
boarding schools is advisable, the state board shall issue	50856
requests for proposals from private nonprofit corporations	50857
qualified to operate those additional schools.	50858

In all cases, the state board shall select the school's	50859
operator from among the qualified responders within one hundred	50860
eighty days after the issuance of the request for proposals. If no	50861
qualified responder submits a proposal, the state board may issue	50862
another request for proposals.	50863

(2) Each proposal submitted to the state board shall contain	50864
the following information:	50865

(a) The proposed location of the college-preparatory boarding	50866
school, which may differ from any location recommended by the	50867
state board in the request for proposals;	50868

(b) A plan for offering grade five or six in the school's	50869
initial year of operation and a plan for increasing the grade	50870
levels offered by the school in subsequent years;	50871

(c) Any other information about the proposed educational	50872
program, facilities, or operations of the school considered	50873
necessary by the state board.	50874

Sec. 3328.12. The state board of education shall enter into	50875
a contract with the operator of each college-preparatory boarding	50876
school established under this chapter. The contract shall	50877
stipulate the following:	50878

(A) The school may operate only if and to the extent the	50879
school holds a valid charter granted by the state board under	50880
section 3301.16 of the Revised Code.	50881

(B) The operator shall oversee the acquisition of a facility	50882
for the school.	50883

(C) The operator shall operate the school in accordance with	50884
the terms of the proposal accepted by the state board under	50885
section 3328.11 of the Revised Code, including the plan for	50886
increasing the grade levels offered by the school.	50887

(D) The school shall comply with the provisions of this	50888
chapter.	50889

(E) The school shall comply with any other provisions of law	50890
specified in the contract, the charter granted by the state board,	50891
and the rules adopted by the state board under section 3328.50 of	50892
the Revised Code.	50893

(F) The school shall comply with the bylaws adopted by the	50894
operator under section 3328.13 of the Revised Code.	50895

(G) The school shall meet the academic goals and other	50896
performance standards specified in the contract.	50897

(H) The state board or the operator may terminate the	50898
contract in accordance with the procedures specified in the	50899
contract, which shall include at least a requirement that the	50900
party seeking termination give prior notice of the intent to	50901
terminate the contract and a requirement that the party receiving	50902
such notice be granted an opportunity to redress any grievances	50903
cited in the notice prior to the termination.	50904

(I) If the school closes for any reason, the school's board	50905
of trustees shall execute the closing in the manner specified in	50906
the contract.	50907

Sec. 3328.13. Each operator of a college-preparatory boarding	50908
school established under this chapter shall adopt bylaws for the	50909
oversight and operation of the school that are consistent with the	50910
provisions of this chapter, the rules adopted under section	50911
3328.50 of the Revised Code, the contract between the operator and	50912
the state board of education, and the charter granted to the	50913
school by the state board. The bylaws shall include procedures for	50914
the appointment of members of the school's board of trustees,	50915
whose terms of office shall be as prescribed in section 3328.15 of	50916
the Revised Code. The bylaws also shall include standards for the	50917
admission of students to the school and their dismissal from the	50918
school. The bylaws shall be subject to the approval of the state	50919
board.	50920

Sec. 3328.14. Each operator of a college-preparatory boarding	50921
school established under this chapter shall adopt a program of	50922
outreach to inform every city, local, and exempted village school	50923
district about the school and the procedures for admission to the	50924
school and for becoming a participating school district.	50925

Sec. 3328.15. (A) Each college-preparatory boarding school	50926
established under this chapter shall be governed by a board of	50927
trustees consisting of up to twenty-five members. Five of those	50928
members shall be appointed by the governor, with the advice and	50929
consent of the senate. The governor's appointments may be based on	50930
nonbinding recommendations made by the superintendent of public	50931
instruction. The remaining members shall be appointed pursuant to	50932
the bylaws adopted under section 3328.13 of the Revised Code.	50933

(B) The terms of office of the initial members shall be as	50934
follows:	50935

(1) Two members appointed by the governor shall serve for an	50936
initial term of three years.	50937

(2) Two members appointed by the governor shall serve for an	50938
initial term of two years.	50939

(3) One member appointed by the governor shall serve for an	50940
initial term of one year.	50941

(4) One-third of the members appointed pursuant to the	50942
bylaws, rounded down to the nearest whole number, shall serve for	50943
an initial term of three years.	50944

(5) One-third of the members appointed pursuant to the	50945
bylaws, rounded down to the nearest whole number, shall serve for	50946
an initial term of two years.	50947

(6) One-third of the members appointed pursuant to the	50948
bylaws, rounded down to the nearest whole number, shall serve for	50949
an initial term of one year.	50950

(7) Any remaining members appointed pursuant to the bylaws	50951
shall serve for an initial term of one year.	50952

Thereafter the terms of office of all members shall be for	50953
three years.	50954

The beginning date and ending date of terms of office shall	50955
be as prescribed in the bylaws adopted under section 3328.13 of	50956
the Revised Code.	50957

(C) Vacancies on the board shall be filled in the same manner	50958
as the initial appointments. A member appointed to an unexpired	50959
term shall serve for the remainder of that term and may be	50960
reappointed subject to division (D) of this section.	50961

(D) No member may serve for more than three consecutive	50962
three-year terms.	50963

(E) The officers of the board shall be selected by and from	50964
among the members of the board.	50965

(F) Compensation for the members of the board, if any, shall	50966
be as prescribed in the bylaws adopted under section 3328.13 of	50967
the Revised Code.	50968

Sec. 3328.17. Employees of a college-preparatory boarding	50969
school established under this chapter may organize and	50970
collectively bargain pursuant to Chapter 4117. of the Revised	50971
Code. Notwithstanding division (D)(1) of section 4117.06 of the	50972
Revised Code, a unit containing teaching and nonteaching employees	50973
employed under this section may be considered an appropriate unit.	50974

Sec. 3328.18. (A) As used in this section, "license" has the	50975
same meaning as in section 3319.31 of the Revised Code.	50976

(B) If a person who is employed by a college-preparatory	50977
boarding school established under this chapter or its operator is	50978
arrested, summoned, or indicted for an alleged violation of an	50979
offense listed in division (C) of section 3319.31 of the Revised	50980
Code, if the person holds a license, or an offense listed in	50981
division (B)(1) of section 3319.39 of the Revised Code, if the	50982
person does not hold a license, the chief administrator of the	50983
school in which that person works shall suspend that person from	50984
all duties that require the care, custody, or control of a child	50985
during the pendency of the criminal action against the person. If	50986
the person who is arrested, summoned, or indicted for an alleged	50987
violation of an offense listed in division (C) of section 3319.31	50988
or division (B)(1) of section 3319.39 of the Revised Code is the	50989
chief administrator of the school, the board of trustees of the	50990
school shall suspend the chief administrator from all duties that	50991
require the care, custody, or control of a child.	50992

(C) When a person who holds a license is suspended in	50993
accordance with this section, the chief administrator or board	50994
that imposed the suspension promptly shall report the person's	50995
suspension to the department of education. The report shall	50996
include the offense for which the person was arrested, summoned,	50997
or indicted.	50998

Sec. 3328.19. (A) As used in this section:

50999

(1) "Conduct unbecoming to the teaching profession" shall be	51000
as described in rules adopted by the state board of education.	51001

(2) "Intervention in lieu of conviction" means intervention	51002
in lieu of conviction under section 2951.041 of the Revised Code.	51003

(3) "License" has the same meaning as in section 3319.31 of	51004
the Revised Code.	51005

(4) "Pre-trial diversion program" means a pre-trial diversion	51006
program under section 2935.36 of the Revised Code or a similar	51007
diversion program under rules of a court.	51008

(B) The chief administrator of each college-preparatory	51009
boarding school established under this chapter, or the president	51010
or chairperson of the board of trustees of the school if division	51011
(C) of this section applies, shall promptly submit to the	51012
superintendent of public instruction the information prescribed in	51013
division (D) of this section when any of the following conditions	51014
applies to a person employed to work in the school who holds a	51015
license issued by the state board of education:	51016

(1) The chief administrator, or president or chairperson,	51017
knows that the employee has pleaded guilty to, has been found	51018
guilty by a jury or court of, has been convicted of, has been	51019
found to be eligible for intervention in lieu of conviction for,	51020
or has agreed to participate in a pre-trial diversion program for	51021
an offense described in division (B)(2) or (C) of section 3319.31	51022
or division (B)(1) of section 3319.39 of the Revised Code.	51023

(2) The board of trustees of the school, or the operator, has	51024
initiated termination or nonrenewal proceedings against, has	51025
terminated, or has not renewed the contract of the employee	51026
because the board or operator has reasonably determined that the	51027
employee has committed an act that is unbecoming to the teaching	51028
profession or an offense described in division (B)(2) or (C) of	51029
section 3319.31 or division (B)(1) of section 3319.39 of the	51030
Revised Code.	51031

(3) The employee has resigned under threat of termination or	51032
nonrenewal as described in division (B)(2) of this section.	51033

(4) The employee has resigned because of or in the course of	51034
an investigation by the board or operator regarding whether the	51035
employee has committed an act that is unbecoming to the teaching	51036
profession or an offense described in division (B)(2) or (C) of	51037
section 3319.31 or division (B)(1) of section 3319.39 of the	51038
Revised Code.	51039

(C) If the employee to whom any of the conditions prescribed	51040
in divisions (B)(1) to (4) of this section applies is the chief	51041
administrator of the school, the president or chairperson of the	51042
board of trustees of the school shall make the report required	51043
under this section.	51044

(D) If a report is required under this section, the chief	51045
administrator, or president or chairperson, shall submit to the	51046
superintendent of public instruction the name and social security	51047
number of the employee about whom the information is required and	51048
a factual statement regarding any of the conditions prescribed in	51049
divisions (B)(1) to (4) of this section that apply to the	51050
employee.	51051

(E) A determination made by the board or operator as	51052
described in division (B)(2) of this section or a termination,	51053
nonrenewal, resignation, or other separation described in	51054
divisions (B)(2) to (4) of this section does not create a	51055
presumption of the commission or lack of the commission by the	51056
employee of an act unbecoming to the teaching profession or an	51057
offense described in division (B)(2) or (C) of section 3319.31 or	51058
division (B)(1) of section 3319.39 of the Revised Code.	51059

(F) No individual required to submit a report under division	51060
(B) of this section shall knowingly fail to comply with that	51061
division.	51062

(G) An individual who provides information to the	51063
superintendent of public instruction in accordance with this	51064
section in good faith shall be immune from any civil liability	51065
that otherwise might be incurred or imposed for injury, death, or	51066
loss to person or property as a result of the provision of that	51067
information.	51068

Sec. 3328.191. The board of trustees of each	51069
college-preparatory boarding school established under this chapter	51070
shall require that the reports of any investigation by the board	51071
or by the school's operator of an employee who works in the	51072
school, regarding whether the employee has committed an act or	51073
offense for which the chief administrator of the school or the	51074
president or chairperson of the board is required to make a report	51075
to the superintendent of public instruction under section 3328.19	51076
of the Revised Code, be kept in the employee's personnel file. If,	51077
after an investigation under division (A) of section 3319.311 of	51078
the Revised Code, the superintendent of public instruction	51079
determines that the results of that investigation do not warrant	51080
initiating action under section 3319.31 of the Revised Code, the	51081
board shall require the reports of the investigation to be moved	51082
from the employee's personnel file to a separate public file.	51083

Sec. 3328.192. Notwithstanding any provision to the contrary	51084
in Chapter 4117. of the Revised Code, the provisions of sections	51085
3328.19 and 3328.191 of the Revised Code prevail over any	51086
conflicting provisions of a collective bargaining agreement or	51087
contract for employment entered into on or after the effective	51088
date of this section.	51089

Sec. 3328.193. (A) As used in this section, "license" has	51090
the same meaning as in section 3319.31 of the Revised Code.	51091

(B) No employee of a college-preparatory boarding school	51092
established under this chapter or its operator shall do either of	51093
the following:	51094

(1) Knowingly make a false report to the chief administrator	51095
of the school, or the chief administrator's designee, alleging	51096
misconduct by another employee of the school or its operator;	51097

(2) Knowingly cause the chief administrator, or the chief	51098
administrator's designee, to make a false report of the alleged	51099
misconduct to the superintendent of public instruction or the	51100
state board of education.	51101

(C) Any employee of a college-preparatory boarding school	51102
established under this chapter or its operator who in good faith	51103
reports to the chief administrator of the school, or the chief	51104
administrator's designee, information about alleged misconduct	51105
committed by another employee of the school or operator shall be	51106
immune from any civil liability that otherwise might be incurred	51107
or imposed for injury, death, or loss to person or property as a	51108
result of the reporting of that information.	51109

If the alleged misconduct involves a person who holds a	51110
license but the chief administrator is not required to submit a	51111
report to the superintendent of public instruction under section	51112
3328.19 of the Revised Code and the chief administrator, or the	51113
chief administrator's designee, in good faith reports the alleged	51114
misconduct to the superintendent of public instruction or the	51115
state board, the chief administrator, or the chief administrator's	51116
designee, shall be immune from any civil liability that otherwise	51117
might be incurred or imposed for injury, death, or loss to person	51118
or property as a result of the reporting of that information.	51119

(D)(1) In any civil action brought against a person in which	51120
it is alleged and proved that the person violated division (B) of	51121
this section, the court shall award the prevailing party	51122
reasonable attorney's fees and costs that the prevailing party	51123
incurred in the civil action or as a result of the false report	51124
that was the basis of the violation.	51125

(2) If a person is convicted of or pleads guilty to a	51126
violation of division (B) of this section, if the subject of the	51127
false report that was the basis of the violation was charged with	51128
any violation of a law or ordinance as a result of the false	51129
report, and if the subject of the false report is found not to be	51130
guilty of the charges brought against the subject as a result of	51131
the false report or those charges are dismissed, the court that	51132
sentences the person for the violation of division (B) of this	51133
section, as part of the sentence, shall order the person to pay	51134
restitution to the subject of the false report, in an amount equal	51135
to reasonable attorney's fees and costs that the subject of the	51136
false report incurred as a result of or in relation to the	51137
charges.	51138

Sec. 3328.20. (A) As used in this section:

51139

(1) "Designated official" means the chief administrator of a	51140
college-preparatory boarding school established under this	51141
chapter, or the chief administrator's designee.	51142

(2) "Essential school services" means services provided by a	51143
private company under contract with a college-preparatory boarding	51144
school established under this chapter that the chief administrator	51145
of the school has determined are necessary for the operation of	51146
the school and that would need to be provided by persons employed	51147
by the school or its operator if the services were not provided by	51148
the private company.	51149

(3) "License" has the same meaning as in section 3319.31 of	51150
the Revised Code.	51151

(B) This section applies to any person who is an employee of	51152
a private company under contract with a college-preparatory	51153
boarding school established under this chapter to provide	51154
essential school services and who will work in the school in a	51155
position that does not require a license issued by the state board	51156
of education, is not for the operation of a vehicle for pupil	51157
transportation, and that involves routine interaction with a child	51158
or regular responsibility for the care, custody, or control of a	51159
child.	51160

(C) No college-preparatory boarding school established under	51161
this chapter shall permit a person to whom this section applies to	51162
work in the school, unless one of the following applies to the	51163
person:	51164

(1) The person's employer presents proof of both of the	51165
following to the designated official:	51166

(a) That the person has been the subject of a criminal	51167
records check conducted in accordance with division (D) of this	51168
section within the five-year period immediately prior to the date	51169
on which the person will begin working in the school;	51170

(b) That the criminal records check indicates that the person	51171
has not been convicted of or pleaded guilty to any offense	51172
described in division (B)(1) of section 3319.39 of the Revised	51173
Code.	51174

(2) During any period of time in which the person will have	51175
routine interaction with a child or regular responsibility for the	51176
care, custody, or control of a child, the designated official has	51177
arranged for an employee of the school to be present in the same	51178
room with the child or, if outdoors, to be within a thirty-yard	51179
radius of the child or to have visual contact with the child.	51180

(D) Any private company that has been hired or seeks to be	51181
hired by a college-preparatory boarding school established under	51182
this chapter to provide essential school services may request the	51183
bureau of criminal identification and investigation to conduct a	51184
criminal records check of any of its employees for the purpose of	51185
complying with division (C)(1) of this section. Each request for a	51186
criminal records check under this division shall be made to the	51187
superintendent of the bureau in the manner prescribed in section	51188
3319.39 of the Revised Code. Upon receipt of a request, the bureau	51189
shall conduct the criminal records check in accordance with	51190
section 109.572 of the Revised Code as if the request had been	51191
made under section 3319.39 of the Revised Code.	51192

Notwithstanding division (H) of section 109.57 of the Revised	51193
Code, the private company may share the results of any criminal	51194
records check conducted under this division with the designated	51195
official for the purpose of complying with division (C)(1) of this	51196
section, but in no case shall the designated official release that	51197
information to any other person.	51198

Sec. 3328.21. (A) Any eligible student may apply for	51199
admission to a college-preparatory boarding school established	51200
under this chapter in a grade level offered by the school that is	51201
appropriate for the student and shall be admitted to the school in	51202
that grade level to the extent the student's admission is within	51203
the capacity of the school as established by the school's board of	51204
trustees, subject to division (B) of this section. If more	51205
eligible students apply for admission than the number of students	51206
permitted by the capacity established by the board of trustees,	51207
admission shall be by lot.	51208

(B) In the first year of operation, each school established	51209
under this chapter shall offer only grade five or six and shall	51210
not admit more than eighty students to the school. In each	51211
subsequent year of operation, the school may add additional grade	51212
levels as specified in the contract under section 3328.12 of the	51213
Revised Code, but at no time shall the school's total student	51214
population exceed four hundred students.	51215

Sec. 3328.22. The educational program of a	51216
college-preparatory boarding school established under this chapter	51217
shall include at least all of the following:	51218

(A) A remedial curriculum for students in grades lower than	51219
grade nine;	51220

(B) A college-preparatory curriculum for high school students	51221
that, at a minimum, shall comply with section 3313.603 of the	51222
Revised Code as that section applies to school districts;	51223

(C) Extracurricular activities, including athletic and	51224
cultural activities;	51225

(D) College admission counseling;

51226

(E) Health and mental health services;

51227

(F) Tutoring services;

51228

(G) Community services opportunities;

51229

(H) A residential student life program.

51230

Sec. 3328.23. (A) A college-preparatory boarding school	51231
established under this chapter and the school's operator shall	51232
comply with Chapter 3323. of the Revised Code as if the school	51233
were a school district. For each child with a disability enrolled	51234
in the school for whom an IEP has been developed, the school and	51235
its operator shall verify in the manner prescribed by the	51236
department of education that the school is providing the services	51237
required under the child's IEP.	51238

(B) The school district in which a child with a disability	51239
enrolled in the college-preparatory boarding school is entitled to	51240
attend school and the child's school district of residence, if	51241
different, are not obligated to provide the student with a free	51242
appropriate public education under Chapter 3323. of the Revised	51243
Code for as long as the child is enrolled in the	51244
college-preparatory boarding school.	51245

Sec. 3328.24. A college-preparatory boarding school	51246
established under this chapter, its operator, and its board of	51247
trustees shall comply with sections 3301.0710, 3301.0711,	51248
3301.0712, 3301.0714, 3319.39, and 3319.391 of the Revised Code as	51249
if the school and the operator were a school district and the	51250
school's board of trustees were a district board of education.	51251

Sec. 3328.25. (A) The board of trustees of a	51252
college-preparatory boarding school established under this chapter	51253
shall grant a diploma to any student enrolled in the school to	51254
whom all of the following apply:	51255

(1) The student has successfully completed the school's high	51256
school curriculum or the IEP developed for the student by the	51257
school pursuant to section 3323.08 of the Revised Code or has	51258
qualified under division (D) or (F) of section 3313.603 of the	51259
Revised Code, provided that the school shall not require a student	51260
to remain in school for any specific number of semesters or other	51261
terms if the student completes the required curriculum early.	51262

(2) Subject to section 3313.614 of the Revised Code, the	51263
student has met the assessment requirements of division (A)(2)(a)	51264
or (b) of this section, as applicable.	51265

(a) If the student entered ninth grade prior to the date	51266
prescribed by rule of the state board of education under division	51267
(E)(2) of section 3301.0712 of the Revised Code, the student	51268
either:	51269

(i) Has attained at least the applicable scores designated	51270
under division (B)(1) of section 3301.0710 of the Revised Code on	51271
all the assessments prescribed by that division unless division	51272
(L) of section 3313.61 of the Revised Code applies to the student;	51273

(ii) Has satisfied the alternative conditions prescribed in	51274
section 3313.615 of the Revised Code.	51275

(b) If the person entered ninth grade on or after the date	51276
prescribed by rule of the state board under division (E)(2) of	51277
section 3301.0712 of the Revised Code, the student has attained on	51278
the entire assessment system prescribed under division (B)(2) of	51279
section 3301.0710 of the Revised Code at least the required	51280
passing composite score, designated under division (C)(1) of	51281
section 3301.0712 of the Revised Code, except to the extent that	51282
the student is excused from some portion of that assessment system	51283
pursuant to division (L) of section 3313.61 of the Revised Code.	51284

(3) The student is not eligible to receive an honors diploma	51285
granted under division (B) of this section.	51286

No diploma shall be granted under this division to anyone	51287
except as provided in this division.	51288

(B) In lieu of a diploma granted under division (A) of this	51289
section, the board of trustees shall grant an honors diploma, in	51290
the same manner that boards of education of school districts grant	51291
honors diplomas under division (B) of section 3313.61 of the	51292
Revised Code, to any student enrolled in the school who	51293
accomplishes all of the following:	51294

(1) Successfully completes the school's high school	51295
curriculum or the IEP developed for the student by the school	51296
pursuant to section 3323.08 of the Revised Code;	51297

(2) Subject to section 3313.614 of the Revised Code, has met	51298
the assessment requirements of division (B)(2)(a) or (b) of this	51299
section, as applicable.	51300

(a) If the student entered ninth grade prior to the date	51301
prescribed by rule of the state board under division (E)(2) of	51302
section 3301.0712 of the Revised Code, the student either:	51303

(i) Has attained at least the applicable scores designated	51304
under division (B)(1) of section 3301.0710 of the Revised Code on	51305
all the assessments prescribed under that division;	51306

(ii) Has satisfied the alternative conditions prescribed in	51307
section 3313.615 of the Revised Code.	51308

(b) If the person entered ninth grade on or after the date	51309
prescribed by rule of the state board under division (E)(2) of	51310
section 3301.0712 of the Revised Code, the student has attained on	51311
the entire assessment system prescribed under division (B)(2) of	51312
section 3301.0710 of the Revised Code at least the required	51313
passing composite score, designated under division (C)(1) of	51314
section 3301.0712 of the Revised Code.	51315

(3) Has met the additional criteria for granting an honors	51316
diploma prescribed by the state board under division (B) of	51317
section 3313.61 of the Revised Code for the granting of honors	51318
diplomas by school districts.	51319

An honors diploma shall not be granted to a student who is	51320
subject to the Ohio core curriculum prescribed in division (C) of	51321
section 3313.603 of the Revised Code but elects the option of	51322
division (D) or (F) of that section. No honors diploma shall be	51323
granted to anyone failing to comply with this division, and not	51324
more than one honors diploma shall be granted to any student under	51325
this division.	51326

(C) A diploma or honors diploma awarded under this section	51327
shall be signed by the presiding officer of the board of trustees.	51328
Each diploma shall bear the date of its issue and be in such form	51329
as the board of trustees prescribes.	51330

(D) Upon granting a diploma to a student under this section,	51331
the presiding officer of the board of trustees shall provide	51332
notice of receipt of the diploma to the board of education of the	51333
city, exempted village, or local school district where the student	51334
is entitled to attend school when not residing at the	51335
college-preparatory boarding school. The notice shall indicate the	51336
type of diploma granted.	51337

Sec. 3328.26. (A) The department of education shall issue an	51338
annual report card for each college-preparatory boarding school	51339
established under this chapter that includes all information	51340
applicable to school buildings under section 3302.03 of the	51341
Revised Code.	51342

(B) For each student enrolled in the school, the department	51343
shall combine data regarding the academic performance of that	51344
student with comparable data from the school district in which the	51345
student is entitled to attend school for the purpose of	51346
calculating the performance of the district as a whole on the	51347
report card issued for the district under section 3302.03 of the	51348
Revised Code.	51349

(C) Each college-preparatory boarding school and its operator	51350
shall comply with sections 3302.04 and 3302.041 of the Revised	51351
Code, except that any action required to be taken by a school	51352
district pursuant to those sections shall be taken by the school.	51353

Sec. 3328.41. Each participating school district shall be	51354
responsible for providing transportation on a weekly basis for	51355
each student enrolled in a college-preparatory boarding school	51356
established under this chapter who is entitled to attend school in	51357
the district to and from that college-preparatory boarding school.	51358

Sec. 3328.45. (A) If the state board of education determines	51359
that a college-preparatory boarding school established under this	51360
chapter is not in compliance with any provision of this chapter or	51361
the terms of the contract entered into under section 3328.12 of	51362
the Revised Code, or that the school has failed to meet the	51363
academic goals or performance standards specified in that	51364
contract, the state board may initiate the termination procedures	51365
specified in the contract. No termination shall take effect prior	51366
to the end of a school year. Upon the effective date of a	51367
termination, the school shall close.	51368

(B) If a college-preparatory boarding school is required to	51369
close under division (A) of this section or closes for any other	51370
reason, the school's board of trustees shall execute the closing	51371
as provided in the contract under section 3328.12 of the Revised	51372
Code.	51373

Sec. 3328.50. The state board of education shall adopt rules	51374
in accordance with Chapter 119. of the Revised Code prescribing	51375
procedures necessary for the implementation of this chapter.	51376

Sec. 3328.99. (A) Whoever violates division (F) of section	51377
3328.19 of the Revised Code shall be punished as follows:	51378

(1) Except as otherwise provided in division (A)(2) of this	51379
section, the person is guilty of a misdemeanor of the fourth	51380
degree.	51381

(2) The person is guilty of a misdemeanor of the first degree	51382
if both of the following conditions apply:	51383

(a) The employee who is the subject of the report that the	51384
person fails to submit was required to be reported for the	51385
commission or alleged commission of an act or offense involving	51386
the infliction on a child of any physical or mental wound, injury,	51387
disability, or condition of a nature that constitutes abuse or	51388
neglect of the child.	51389

(b) During the period between the violation of division (F)	51390
of section 3328.19 of the Revised Code and the conviction of or	51391
plea of guilty by the person for that violation, the employee who	51392
is the subject of the report that the person fails to submit	51393
inflicts on any child attending a school district, educational	51394
service center, public or nonpublic school, or county board of	51395
developmental disabilities where the employee works any physical	51396
or mental wound, injury, disability, or condition of a nature that	51397
constitutes abuse or neglect of the child.	51398

(B) Whoever violates division (B) of section 3328.193 of the	51399
Revised Code is guilty of a misdemeanor of the first degree.	51400

Sec. 3329.08. At any regular meeting, the board of education	51401
of each local ~~school district, from lists adopted by the~~	51402
~~educational service center governing board, and the board of~~	51403
~~education of each~~, city, and exempted village school district	51404
shall determine by a majority vote of all members elected or	51405
appointed under division (B) or (F) of section 3311.71 of the	51406
Revised Code which of such textbooks or electronic textbooks so	51407
filed shall be used in the schools under its control.	51408

Sec. 3331.01. (A) As used in this chapter:

51409

(1) "Superintendent" or "superintendent of schools" of a	51410
school district means the person employed as the superintendent or	51411
that person's designee. ~~In the case of a local school district,~~	51412
~~such designee may be the superintendent of the educational service~~	51413
~~center to which the school district belongs.~~	51414

(2) "Chief administrative officer" means the chief	51415
administrative officer of a nonpublic or community school or that	51416
person's designee.	51417

(B)(1) Except as provided in division (B)(2) of this section,	51418
an age and schooling certificate may be issued only by the	51419
superintendent of the city, local, joint vocational, or exempted	51420
village school district in which the child in whose name such	51421
certificate is issued resides or by the chief administrative	51422
officer of the nonpublic or community school the child attends,	51423
and only upon satisfactory proof that the child to whom the	51424
certificate is issued is at least fourteen years of age.	51425

(2) A child who resides in this state shall apply for an age	51426
and schooling certificate to the superintendent of the school	51427
district in which the child resides, or to the chief	51428
administrative officer of the school that the child attends.	51429
Residents of other states who work in Ohio shall apply to the	51430
superintendent of the school district in which the place of	51431
employment is located, as a condition of employment or service.	51432

(C) Any such age and schooling certificate may be issued only	51433
upon satisfactory proof that the employment contemplated by the	51434
child is not prohibited by any law regulating the employment of	51435
such children. Section 4113.08 of the Revised Code does not apply	51436
to such employer in respect to such child while engaged in an	51437
employment legal for a child of the age stated therein.	51438

(D) Age and schooling certificate forms shall be approved by	51439
the state board of education, including forms submitted	51440
electronically. Forms shall not display the social security number	51441
of the child. Except as otherwise provided in this section, every	51442
application for an age and schooling certificate must be signed in	51443
the presence of the officer issuing it by the child in whose name	51444
it is issued.	51445

(E) A child shall furnish the superintendent or chief	51446
administrative officer all information required by this chapter in	51447
support of the issuance of a certificate.	51448

(F) On and after September 1, 2002, each superintendent and	51449
chief administrative officer who issues an age and schooling	51450
certificate shall file electronically the certificate with the	51451
director of commerce in accordance with rules adopted by the	51452
director of administrative services pursuant to section 1306.21 of	51453
the Revised Code. On and after September 1, 2002, only	51454
electronically filed certificates are valid to satisfy the	51455
requirements of Chapter 4109. of the Revised Code.	51456

Sec. 3333.03. (A) The governor, with the advice and consent	51457
of the senate, shall appoint the chancellor of the Ohio board of	51458
regents. ~~The governor may remove the chancellor in accordance with~~	51459
~~section 3.04 of the Revised Code, except that the removal shall~~	51460
~~not require the advice and consent of the senate.~~ The chancellor	51461
shall serve at the pleasure of the governor, and the governor	51462
shall prescribe the chancellor's duties in addition to the	51463
chancellor's duties prescribed by law. ~~In no case shall the~~	51464
~~chancellor assume any duties prescribed by the governor or law~~	51465
~~until the senate has consented to the chancellor's appointment.~~	51466
The governor shall fix the compensation for the chancellor. The	51467
chancellor shall be a member of the governor's cabinet.	51468

(B) ~~The term of office of the chancellor shall be five years.~~	51469
~~Any person appointed chancellor to fill a vacancy occurring prior~~	51470
~~to the expiration of the term for which the predecessor was~~	51471
~~appointed shall hold office for the remainder of that term. Any~~	51472
~~vacancy in the office shall be filled within sixty days after the~~	51473
~~vacancy occurs. Each chancellor shall continue in office~~	51474
~~subsequent to the expiration date of the term for which the~~	51475
~~chancellor was appointed until a successor takes office, or until~~	51476
~~a period of sixty days has elapsed, whichever occurs first. The~~	51477
~~chancellor may be reappointed.~~The term of the chancellor in	51478
office on the effective date of this amendment shall coincide with	51479
the term of that chancellor's appointing governor. Subsequent	51480
appointments to the office of chancellor shall be made pursuant to	51481
division (A) of this section.	51482

(C) The chancellor is responsible for appointing and fixing	51483
the compensation of all professional, administrative, and clerical	51484
employees and staff members necessary to assist in the performance	51485
of the chancellor's duties. All employees and staff shall serve at	51486
the chancellor's pleasure.	51487

(D) The chancellor shall be a person qualified by training	51488
and experience to understand the problems and needs of the state	51489
in the field of higher education and to devise programs, plans,	51490
and methods of solving the problems and meeting the needs.	51491

(E) Neither the chancellor nor any staff member or employee	51492
of the chancellor shall be a trustee, officer, or employee of any	51493
public or private college or university while serving as	51494
chancellor, staff member, or employee.	51495

Sec. 3333.043. (A) As used in this section:

51496

(1) "Institution of higher education" means the state	51497
universities listed in section 3345.011 of the Revised Code,	51498
municipal educational institutions established under Chapter 3349.	51499
of the Revised Code, community colleges established under Chapter	51500
3354. of the Revised Code, university branches established under	51501
Chapter 3355. of the Revised Code, technical colleges established	51502
under Chapter 3357. of the Revised Code, state community colleges	51503
established under Chapter 3358. of the Revised Code, any	51504
institution of higher education with a certificate of registration	51505
from the state board of career colleges and schools, and any	51506
institution for which the chancellor of the Ohio board of regents	51507
receives a notice pursuant to division (C) of this section.	51508

(2) "Community service" has the same meaning as in section	51509
3313.605 of the Revised Code.	51510

(B)(1) The board of trustees or other governing entity of	51511
each institution of higher education shall encourage and promote	51512
participation of students in community service through a program	51513
appropriate to the mission, student population, and environment of	51514
each institution. The program may include, but not be limited to,	51515
providing information about community service opportunities during	51516
student orientation or in student publications; providing awards	51517
for exemplary community service; encouraging faculty members to	51518
incorporate community service into students' academic experiences	51519
wherever appropriate to the curriculum; encouraging recognized	51520
student organizations to undertake community service projects as	51521
part of their purposes; and establishing advisory committees of	51522
students, faculty members, and community and business leaders to	51523
develop cooperative programs that benefit the community and	51524
enhance student experience. The program shall be flexible in	51525
design so as to permit participation by the greatest possible	51526
number of students, including part-time students and students for	51527
whom participation may be difficult due to financial, academic,	51528
personal, or other considerations. The program shall emphasize	51529
community service opportunities that can most effectively use the	51530
skills of students, such as tutoring or literacy programs. The	51531
programs shall encourage students to perform services that will	51532
not supplant the hiring of, result in the displacement of, or	51533
impair any existing employment contracts of any particular	51534
employee of any private or governmental entity for which services	51535
are performed.	51536

(2) The chancellor of the Ohio board of regents shall	51537
encourage all institutions of higher education in the development	51538
of community service programs. With the assistance of the Ohio	51539
~~community~~commission on service ~~council~~and volunteerism created	51540
in section 121.40 of the Revised Code, the chancellor shall make	51541
available information about higher education community service	51542
programs to institutions of higher education and to statewide	51543
organizations involved with or promoting volunteerism, including	51544
information about model community service programs, teacher	51545
training courses, and community service curricula and teaching	51546
materials for possible use by institutions of higher education in	51547
their programs. The chancellor shall encourage institutions of	51548
higher education to jointly coordinate higher education community	51549
service programs through consortia of institutions or other	51550
appropriate means of coordination.	51551

(C) The board of trustees of any nonprofit institution with a	51552
certificate of authorization issued pursuant to Chapter 1713. of	51553
the Revised Code or the governing authority of a private	51554
institution exempt from regulation under Chapter 3332. of the	51555
Revised Code as prescribed in section 3333.046 of the Revised Code	51556
may notify the chancellor that it is making itself subject to	51557
divisions (A) and (B) of this section. Upon receipt of such a	51558
notice, these divisions shall apply to that institution.	51559

Sec. 3333.31. (A) For state subsidy and tuition surcharge	51560
purposes, status as a resident of Ohio shall be defined by the	51561
chancellor of the Ohio board of regents by rule promulgated	51562
pursuant to Chapter 119. of the Revised Code. No adjudication as	51563
to the status of any person under such rule, however, shall be	51564
required to be made pursuant to Chapter 119. of the Revised Code.	51565
The term "resident" for these purposes shall not be equated with	51566
the definition of that term as it is employed elsewhere under the	51567
laws of this state and other states, and shall not carry with it	51568
any of the legal connotations appurtenant thereto. Rather, except	51569
as provided in ~~division~~divisions (B) and (D) of this section, for	51570
such purposes, the rule promulgated under this section shall have	51571
the objective of excluding from treatment as residents those who	51572
are present in the state primarily for the purpose of attending a	51573
state-supported or state-assisted institution of higher education,	51574
and may prescribe presumptive rules, rebuttable or conclusive, as	51575
to such purpose based upon the source or sources of support of the	51576
student, residence prior to first enrollment, evidence of	51577
intention to remain in the state after completion of studies, or	51578
such other factors as the chancellor deems relevant.	51579

(B) The rules of the chancellor for determining student	51580
residency shall grant residency status to a veteran and to the	51581
veteran's spouse and any dependent of the veteran, if both of the	51582
following conditions are met:	51583

(1) The veteran either:

51584

(a) Served one or more years on active military duty and was	51585
honorably discharged or received a medical discharge that was	51586
related to the military service;	51587

(b) Was killed while serving on active military duty or has	51588
been declared to be missing in action or a prisoner of war.	51589

(2) If the veteran seeks residency status for tuition	51590
surcharge purposes, the veteran has established domicile in this	51591
state as of the first day of a term of enrollment in an	51592
institution of higher education. If the spouse or a dependent of	51593
the veteran seeks residency status for tuition surcharge purposes,	51594
the veteran and the spouse or dependent seeking residency status	51595
have established domicile in this state as of the first day of a	51596
term of enrollment in an institution of higher education, except	51597
that if the veteran was killed while serving on active military	51598
duty or has been declared to be missing in action or a prisoner of	51599
war, only the spouse or dependent seeking residency status shall	51600
be required to have established domicile in accordance with this	51601
division.	51602

(C) The rules of the chancellor for determining student	51603
residency shall not deny residency status to a student who is	51604
either a dependent child of a parent, or the spouse of a person	51605
who, as of the first day of a term of enrollment in an institution	51606
of higher education, has accepted full-time employment and	51607
established domicile in this state for reasons other than gaining	51608
the benefit of favorable tuition rates.	51609

Documentation of full-time employment and domicile shall	51610
include both of the following documents:	51611

(1) A sworn statement from the employer or the employer's	51612
representative on the letterhead of the employer or the employer's	51613
representative certifying that the parent or spouse of the student	51614
is employed full-time in Ohio;	51615

(2) A copy of the lease under which the parent or spouse is	51616
the lessee and occupant of rented residential property in the	51617
state, a copy of the closing statement on residential real	51618
property of which the parent or spouse is the owner and occupant	51619
in this state or, if the parent or spouse is not the lessee or	51620
owner of the residence in which the parent or spouse has	51621
established domicile, a letter from the owner of the residence	51622
certifying that the parent or spouse resides at that residence.	51623

Residency officers may also evaluate, in accordance with the	51624
chancellor's rule, requests for immediate residency status from	51625
dependent students whose parents are not living and whose domicile	51626
follows that of a legal guardian who has accepted full-time	51627
employment and established domicile in the state for reasons other	51628
than gaining the benefit of favorable tuition rates.	51629

(D) The rules of the chancellor for determining student	51630
residency shall grant residency status to a person who, while a	51631
resident of this state for state subsidy and tuition surcharge	51632
purposes, graduated from a high school in this state, if the	51633
person enrolls in an institution of higher education and	51634
establishes domicile in this state within ten years after	51635
graduating from high school, regardless of the student's residence	51636
prior to that enrollment.	51637

(E) "Dependent," "domicile," "institution of higher	51638
education," and "residency officer" have the meanings ascribed in	51639
the chancellor's rules adopted under this section.	51640

Sec. 3333.43. (A) The chancellor of the Ohio board of	51641
regents shall require all state institutions of higher education	51642
that offer baccalaureate degrees, as a condition of	51643
reauthorization for certification of each baccalaureate program	51644
offered by the institution, to submit a statement describing how	51645
each major for which the school offers a baccalaureate degree may	51646
be completed within three academic years. The chronology of the	51647
statement shall begin with the fall semester of a student's first	51648
year of the baccalaureate program.	51649

(B) The statement required under this section may include,	51650
but not be limited to, any of the following methods to contribute	51651
to earning a baccalaureate degree in three years:	51652

(1) Advanced placement credit;

51653

(2) International baccalaureate program credit;

51654

(3) A waiver of degree and credit-hour requirements by	51655
completion of courses that are widely available at community	51656
colleges in the state or through online programs offered by state	51657
institutions of higher education or private nonprofit institutions	51658
of higher education holding certificates of authorization under	51659
Chapter 1713. of the Revised Code, and through courses taken by	51660
the student through the post-secondary enrollment options program	51661
under Chapter 3365. of the Revised Code;	51662

(4) Completion of coursework during summer sessions;

51663

(5) A waiver of foreign-language degree requirements based on	51664
a proficiency examination specified by the institution.	51665

(C)(1) Not later than October 15, 2012, each state	51666
institution of higher education shall provide statements required	51667
under this section for ten per cent of all baccalaureate degree	51668
programs offered by the institution.	51669

(2) Not later than June 30, 2014, each state institution of	51670
higher education shall provide statements required under this	51671
section for sixty per cent of all baccalaureate degree programs	51672
offered by the institution.	51673

(D) Each state institution of higher education required to	51674
submit statements under this section shall post its three-year	51675
option on its web site and also provide that information to the	51676
department of education. The department shall distribute that	51677
information to the superintendent, high school principal, and	51678
guidance counselor, or equivalents, of each school district,	51679
community school established under Chapter 3314. of the Revised	51680
Code, and STEM school established under Chapter 3326. of the	51681
Revised Code.	51682

(E) Nothing in this section requires an institution to take	51683
any action that would violate the requirements of any independent	51684
association accrediting baccalaureate degree programs.	51685

Sec. 3333.66. (A)(1) Except as provided in division (A)(2) of	51686
this section, in each academic year, no student who receives a	51687
choose Ohio first scholarship shall receive less than one thousand	51688
five hundred dollars or more than one-half of the highest in-state	51689
undergraduate instructional and general fees charged by all state	51690
universities. For this purpose, if Miami university is	51691
implementing the pilot tuition restructuring plan originally	51692
recognized in Am. Sub. H.B. 95 of the 125th general assembly, that	51693
university's instructional and general fees shall be considered to	51694
be the average full-time in-state undergraduate instructional and	51695
general fee amount after taking into account the Ohio resident and	51696
Ohio leader scholarships and any other credit provided to all Ohio	51697
residents.	51698

(2) The chancellor of the Ohio board of regents may authorize	51699
a state university or college or a nonpublic Ohio institution of	51700
higher education to award a choose Ohio first scholarship in an	51701
amount greater than one-half of the highest in-state undergraduate	51702
instructional and general fees charged by all state universities	51703
to either of the following:	51704

(a) Any undergraduate student who qualifies for a scholarship	51705
and is enrolled in a program leading to a teaching profession in	51706
science, technology, engineering, mathematics, or medicine;	51707

(b) Any graduate student who qualifies for a scholarship, if	51708
any initiatives are selected for award under division (B) of this	51709
section.	51710

(B) The chancellor shall encourage state universities and	51711
colleges, alone or in collaboration with other state institutions	51712
of higher education, nonpublic Ohio universities and colleges, or	51713
other public or private Ohio entities, to submit proposals under	51714
the choose Ohio first scholarship program for initiatives that	51715
recruit either of the following:	51716

(1) Ohio residents who enrolled in colleges and universities	51717
in other states or other countries to return to Ohio and enroll in	51718
state universities or colleges as graduate students in the fields	51719
of science, technology, engineering, mathematics, and medicine, or	51720
in the fields of science, technology, engineering, mathematics, or	51721
medical education. If such proposals are submitted and meet the	51722
chancellor's competitive criteria for awards, the chancellor,	51723
subject to approval by the controlling board, shall give at least	51724
one of the proposals preference for an award.	51725

(2) Graduates, or undergraduates who will graduate in time to	51726
participate in the program described in this division by the	51727
subsequent school year, from an Ohio college or university who	51728
received, or will receive, a degree in science, technology,	51729
engineering, mathematics, or medicine to participate in a	51730
graduate-level teacher education masters program in one of those	51731
fields that requires the student to establish a domicile in the	51732
state and to commit to teach for a minimum of three years in a	51733
hard-to-staff school district in the state upon completion of the	51734
master's degree program. The chancellor may require a college or	51735
university to give priority to qualified candidates who graduated	51736
from a high school in this state.	51737

"Hard-to-staff" shall be as defined by the department of	51738
education.	51739

(C) The general assembly intends that money appropriated for	51740
the choose Ohio first scholarship program in each fiscal year be	51741
used for scholarships in the following academic year.	51742

Sec. 3333.81. As used in sections 3333.81 to 3333.88 of the	51743
Revised Code:	51744

(A) "Clearinghouse" means the clearinghouse established under	51745
section 3333.82 of the Revised Code.	51746

(B) "Community school" means a community school established	51747
under Chapter 3314. of the Revised Code.	51748

(C) "Common statewide platform" means a software program that	51749
facilitates the delivery of courses via computers from multiple	51750
course providers to multiple end users, tracks the progress of the	51751
end user, and includes an integrated searchable database of	51752
standards-based course content.	51753

(D) "Course provider" means a school district, community	51754
school, STEM school, state institution of higher education,	51755
private college or university, or nonprofit or for-profit private	51756
entity that creates or is an agent of the creator of original	51757
course content for a course offered through the clearinghouse.	51758

(E) "Instructor" means an individual who holds a license	51759
issued by the state board of education, as defined in section	51760
3319.31 of the Revised Code, or an individual employed as an	51761
instructor or professor by a state institution of higher education	51762
or a private college or university.	51763

(F) "State institution of higher education" has the same	51764
meaning as in section 3345.011 of the Revised Code.	51765

(G) "STEM school" means a science, technology, engineering,	51766
and mathematics school established under Chapter 3326. of the	51767
Revised Code.	51768

(H) A "student's community school" means the community school	51769
in which the student is enrolled instead of being enrolled in a	51770
school operated by a school district.	51771

(I) A "student's school district" means the school district	51772
operating the school in which the student is lawfully enrolled.	51773

(J) "A student's STEM school" means the STEM school in which	51774
the student is enrolled instead of being enrolled in a school	51775
operated by a school district.	51776

(K) "School district" means a city, exempted village, local,	51777
or joint vocational school district.	51778

Sec. 3333.82. (A) The chancellor of the Ohio board of	51779
regents shall establish a clearinghouse of interactive distance	51780
learning courses and other distance learning courses delivered via	51781
a computer-based method offered by school districts, community	51782
schools, STEM schools, state institutions of higher education,	51783
private colleges and universities, and other nonprofit and	51784
for-profit course providers for sharing with other school	51785
districts, community schools, STEM schools, state institutions of	51786
higher education, private colleges and universities, and	51787
individuals for the fee set pursuant to section 3333.84 of the	51788
Revised Code. The chancellor shall not be responsible for the	51789
content of courses offered through the clearinghouse; however, all	51790
such courses shall be delivered only in accordance with technical	51791
specifications approved by the chancellor and on a common	51792
statewide platform administered by the chancellor.	51793

The clearinghouse's distance learning program for students in	51794
grades kindergarten to twelve shall be based on the following	51795
principles:	51796

(1) All Ohio students shall have access to high quality	51797
distance learning courses at any point in their educational	51798
careers.	51799

(2) All students shall be able to customize their education	51800
using distance learning courses offered through the clearinghouse	51801
and no student shall be denied access to any course in the	51802
clearinghouse in which the student is eligible to enroll.	51803

(3) Students may take distance learning courses for all or	51804
any portion of their curriculum requirements and may utilize a	51805
combination of distance learning courses and courses taught in a	51806
traditional classroom setting.	51807

(4) Students may earn an unlimited number of academic credits	51808
through distance learning courses.	51809

(5) Students may take distance learning courses at any time	51810
of the calendar year.	51811

(6) Student advancement to higher coursework shall be based	51812
on a demonstration of subject area competency instead of	51813
completion of any particular number of hours of instruction.	51814

(B) To offer a course through the clearinghouse, a course	51815
provider shall apply to the chancellor in a form and manner	51816
prescribed by the chancellor. The application for each course	51817
shall describe the course of study in as much detail as required	51818
by the chancellor, whether an instructor is provided, the	51819
qualification and credentials of the instructor, the number of	51820
hours of instruction, and any other information required by the	51821
chancellor. The chancellor may require course providers to include	51822
in their applications information recommended by the state board	51823
of education under former section 3353.30 of the Revised Code.	51824

(C) The chancellor shall review the technical specifications	51825
of each application submitted under division (B) of this section.	51826
In reviewing applications, the chancellor may consult with the	51827
department of education; however, the responsibility to either	51828
approve or not approve a course for the clearinghouse belongs to	51829
the chancellor. The chancellor may request additional information	51830
from a course provider that submits an application under division	51831
(B) of this section, if the chancellor determines that such	51832
information is necessary. The chancellor may negotiate changes in	51833
the proposal to offer a course, if the chancellor determines that	51834
changes are necessary in order to approve the course.	51835

(D) The chancellor shall catalog each course approved for the	51836
clearinghouse, through a print or electronic medium, displaying	51837
the following:	51838

(1) Information necessary for a student and the student's	51839
parent, guardian, or custodian and the student's school district,	51840
community school, STEM school, college, or university to decide	51841
whether to enroll in or subscribe to the course;	51842

(2) Instructions for enrolling in that course, including	51843
deadlines for enrollment.	51844

(E) Any expenses related to the installation of a course into	51845
the common statewide platform shall be borne by the course	51846
provider.	51847

(F) ~~The chancellor may contract with an entity to perform any~~	51848
~~or all of the chancellor's duties under sections 3333.81 to~~	51849
~~3333.88 of the Revised Code.~~The eTech Ohio commission, in	51850
consultation with the chancellor and the state board, shall	51851
distribute information to students and parents describing the	51852
clearinghouse. The information shall be provided in an easily	51853
understandable format.	51854

Sec. 3333.83. (A) ~~A student who is enrolled in a school~~	51855
~~operated by a school district or in a community school or STEM~~	51856
~~school may enroll in a course through the clearinghouse only if~~	51857
~~both of the following conditions are satisfied:~~	51858

~~(1) The student's enrollment in the course is approved by the~~	51859
~~student's school district, community school, or STEM school.~~	51860

~~(2) The student's school district, community school, or STEM~~	51861
~~school agrees to accept for credit the grade assigned by the~~	51862
~~course provider, if that provider is another school district,~~	51863
~~community school, or STEM school~~Each school district, community	51864
school, and STEM school shall encourage students to take advantage	51865
of the distance learning opportunities offered through the	51866
clearinghouse and shall assist any student electing to participate	51867
in the clearinghouse with the selection and scheduling of courses	51868
that satisfy the district's or school's curriculum requirements	51869
and promote the student's post-secondary college or career plans.	51870

(B) For each student enrolled in a school operated by a	51871
school district or in a community school or STEM school who is	51872
enrolling in a course provided through the clearinghouse by	51873
another school district, community school, or STEM school, the	51874
student's school district, community school, or STEM school shall	51875
transmit the student's name to the course provider.	51876

The course provider may request from the student's school	51877
district, community school, or STEM school other information from	51878
the student's school record. The district or school shall provide	51879
the requested information only in accordance with section 3319.321	51880
of the Revised Code.	51881

(C) The student's school district, community school, or STEM	51882
school shall determine the manner in which and facilities at which	51883
the student shall participate in the course consistent with	51884
specifications for technology and connectivity adopted by the	51885
chancellor of the Ohio board of regents.	51886

(D) A student may withdraw from a course prior to the end of	51887
the course only by a date and in a manner prescribed by the	51888
student's school district, community school, or STEM school.	51889

(E) A student who is enrolled in a school operated by a	51890
school district or in a community school or STEM school and who	51891
takes a course through the clearinghouse shall be counted in the	51892
formula ADM of a school district under section 3317.03 of the	51893
Revised Code as if the student were taking the course from the	51894
student's school district, community school, or STEM school.	51895

Sec. 3333.84. (A) The fee charged for any course offered	51896
through the clearinghouse shall be set by the course provider.	51897

(B) The chancellor of the Ohio board of regents shall	51898
prescribe the manner in which the fee for a course shall be	51899
collected or deducted from the school district, school, college or	51900
university, or individual subscribing to the course and in which	51901
manner the fee shall be paid to the course provider.	51902

(C) The chancellor may retain a percentage of the fee charged	51903
for a course to offset the cost of maintaining and operating the	51904
clearinghouse, including the payment of compensation for an entity	51905
or a private entity that is under contract with the chancellor	51906
under division (F) of section 3333.82 of the Revised Code. The	51907
percentage retained shall be determined by the chancellor.	51908

(D) Nothing in this section shall be construed to require the	51909
school district, community school, or STEM school in which a	51910
student is enrolled to pay the fee charged for a course taken by	51911
the student.	51912

Sec. 3333.85. (A) The grade for a student enrolled in a	51913
school operated by a school district or in a community school or	51914
STEM school for a course provided through the clearinghouse by	51915
another school district, community school, or STEM school shall be	51916
assigned by the course provider and shall be transmitted to the	51917
student's school district, community school, or STEM school.	51918

(B) The district or school enrolling the student shall award	51919
the student credit for successful completion of the course. The	51920
credit awarded shall be equivalent to any credit that would be	51921
granted for successful completion of a similar course offered by	51922
the district or school.	51923

(C) No district or school shall prohibit or otherwise limit	51924
any student's access to or participation in courses offered	51925
through the clearinghouse, or refuse to recognize such courses as	51926
fulfilling curriculum requirements, including the requirements for	51927
a high school diploma under section 3313.603 of the Revised Code.	51928

Sec. 3333.87. The chancellor of the Ohio board of regents	51929
and the state board of education jointly, and in consultation with	51930
the director of the governor's office of 21st century education,	51931
shall adopt rules in accordance with Chapter 119. of the Revised	51932
Code prescribing procedures for the implementation of sections	51933
3333.81 to 3333.86 of the Revised Code.	51934

Sec. 3333.90. (A) As used in this section:

51935

(1) "Allocated state share of instruction" means, for any	51936
fiscal year, the amount of the state share of instruction	51937
appropriated to the Ohio board of regents by the general assembly	51938
that is allocated to a community or technical college or community	51939
or technical college district for such fiscal year.	51940

(2) "~~Authority~~Issuing authority" ~~means the Ohio building~~	51941
~~authority~~has the same meaning as in section 154.01 of the Revised	51942
Code.	51943

(3) "Bond service charges" has the same meaning as in section	51944
~~152.09~~154.01 of the Revised Code.	51945

(4) "Chancellor" means the chancellor of the Ohio board of	51946
regents.	51947

(5) "Community or technical college" or "college" means any	51948
of the following state-supported or state-assisted institutions of	51949
higher education:	51950

(a) A community college as defined in section 3354.01 of the	51951
Revised Code;	51952

(b) A technical college as defined in section 3357.01 of the	51953
Revised Code;	51954

(c) A state community college as defined in section 3358.01	51955
of the Revised Code.	51956

(6) "Community or technical college district" or "district"	51957
means any of the following institutions of higher education that	51958
are state-supported or state-assisted:	51959

(a) A community college district as defined in section	51960
3354.01 of the Revised Code;	51961

(b) A technical college district as defined in section	51962
3357.01 of the Revised Code;	51963

(c) A state community college district as defined in section	51964
3358.01 of the Revised Code.	51965

(7) "Credit enhancement facilities" has the same meaning as	51966
in section 133.01 of the Revised Code.	51967

(8) "Obligations" has the meaning as in section ~~152.09~~154.01	51968
or 3345.12 of the Revised Code, as the context requires.	51969

(B) The board of trustees of any community or technical	51970
college district authorizing the issuance of obligations under	51971
section 3354.12, 3354.121, 3357.11, 3357.112, or 3358.10 of the	51972
Revised Code, or for whose benefit and on whose behalf the issuing	51973
authority proposes to issue obligations under ~~division (G) of~~	51974
section ~~152.09~~154.25 of the Revised Code, may adopt a resolution	51975
requesting the chancellor to enter into an agreement with the	51976
community or technical college district and the primary paying	51977
agent or fiscal agent for such obligations, providing for the	51978
withholding and deposit of funds otherwise due the district or the	51979
community or technical college it operates in respect of its	51980
allocated state share of instruction, for the payment of bond	51981
service charges on such obligations.	51982

The board of trustees shall deliver to the chancellor a copy	51983
of the resolution and any additional pertinent information the	51984
chancellor may require.	51985

The chancellor and the office of budget and management, and	51986
the issuing authority in the case of obligations to be issued by	51987
the issuing authority, shall evaluate each request received from a	51988
community or technical college district under this section. The	51989
chancellor, with the advice and consent of the director of budget	51990
and management and the issuing authority in the case of	51991
obligations to be issued by the issuing authority, shall approve	51992
each request if all of the following conditions are met:	51993

(1) Approval of the request will enhance the marketability of	51994
the obligations for which the request is made;	51995

(2) The chancellor and the office of budget and management,	51996
and the issuing authority in the case of obligations to be issued	51997
by the issuing authority, have no reason to believe the requesting	51998
community or technical college district or the community or	51999
technical college it operates will be unable to pay when due the	52000
bond service charges on the obligations for which the request is	52001
made, and bond service charges on those obligations are therefore	52002
not anticipated to be paid pursuant to this section from the	52003
allocated state share of instruction for purposes of Section 17 of	52004
Article VIII, Ohio Constitution.	52005

(3) Any other pertinent conditions established in rules	52006
adopted under division (H) of this section.	52007

(C) If the chancellor approves the request of a community or	52008
technical college district to withhold and deposit funds pursuant	52009
to this section, the chancellor shall enter into a written	52010
agreement with the district and the primary paying agent or fiscal	52011
agent for the obligations, which agreement shall provide for the	52012
withholding of funds pursuant to this section for the payment of	52013
bond service charges on those obligations. The agreement may also	52014
include both of the following:	52015

(1) Provisions for certification by the district to the	52016
chancellor, prior to the deadline for payment of the applicable	52017
bond service charges, whether the district and the community or	52018
technical college it operates are able to pay those bond service	52019
charges when due;	52020

(2) Requirements that the district or the community or	52021
technical college it operates deposits amounts for the payment of	52022
those bond service charges with the primary paying agent or fiscal	52023
agent for the obligations prior to the date on which the bond	52024
service charges are due to the owners or holders of the	52025
obligations.	52026

(D) Whenever a district or the community or technical college	52027
it operates notifies the chancellor that it will not be able to	52028
pay the bond service charges when they are due, subject to the	52029
withholding provisions of this section, or whenever the applicable	52030
paying agent or fiscal agent notifies the chancellor that it has	52031
not timely received from a district or from the college it	52032
operates the full amount needed for payment of the bond service	52033
charges when due to the holders or owners of such obligations, the	52034
chancellor shall immediately contact the district or college and	52035
the paying agent or fiscal agent to confirm that the district and	52036
the college are not able to make the required payment by the date	52037
on which it is due.	52038

If the chancellor confirms that the district and the college	52039
are not able to make the payment and the payment will not be made	52040
pursuant to a credit enhancement facility, the chancellor shall	52041
promptly pay to the applicable primary paying agent or fiscal	52042
agent the lesser of the amount due for bond service charges or the	52043
amount of the next periodic distribution scheduled to be made to	52044
the district or to the college in respect of its allocated state	52045
share of instruction. If this amount is insufficient to pay the	52046
total amount then due the agent for the payment of bond service	52047
charges, the chancellor shall continue to pay to the agent from	52048
each periodic distribution thereafter, and until the full amount	52049
due the agent for unpaid bond service charges is paid in full, the	52050
lesser of the remaining amount due the agent for bond service	52051
charges or the amount of the next periodic distribution scheduled	52052
to be made to the district or college in respect of its allocated	52053
state share of instruction.	52054

(E) The chancellor may make any payments under this section	52055
by direct deposit of funds by electronic transfer.	52056

Any amount received by a paying agent or fiscal agent under	52057
this section shall be applied only to the payment of bond service	52058
charges on the obligations of the community or technical college	52059
district or community or technical college subject to this section	52060
or to the reimbursement of the provider of a credit enhancement	52061
facility that has paid the bond service charges.	52062

(F) The chancellor may make payments under this section to	52063
paying agents or fiscal agents during any fiscal biennium of the	52064
state only from and to the extent that money is appropriated to	52065
the board of regents by the general assembly for distribution	52066
during such biennium for the state share of instruction and only	52067
to the extent that a portion of the state share of instruction has	52068
been allocated to the community or technical college district or	52069
community or technical college. Obligations of the issuing	52070
authority or of a community or technical college district to which	52071
this section is made applicable do not constitute an obligation or	52072
a debt or a pledge of the faith, credit, or taxing power of the	52073
state, and the holders or owners of those obligations have no	52074
right to have excises or taxes levied or appropriations made by	52075
the general assembly for the payment of bond service charges on	52076
the obligations, and the obligations shall contain a statement to	52077
that effect. The agreement for or the actual withholding and	52078
payment of money under this section does not constitute the	52079
assumption by the state of any debt of a community or technical	52080
college district or a community or technical college, and bond	52081
service charges on the related obligations are not anticipated to	52082
be paid from the state general revenue fund for purposes of	52083
Section 17 of Article VIII, Ohio Constitution.	52084

(G) In the case of obligations subject to the withholding	52085
provisions of this section, the issuing community or technical	52086
college district, or the issuing authority in the case of	52087
obligations issued by the issuing authority, shall appoint a	52088
paying agent or fiscal agent who is not an officer or employee of	52089
the district or college.	52090

(H) The chancellor, with the advice and consent of the office	52091
of budget and management, may adopt reasonable rules not	52092
inconsistent with this section for the implementation of this	52093
section to secure payment of bond service charges on obligations	52094
issued by a community or technical college district or by the	52095
issuing authority for the benefit of a community or technical	52096
college district or the community or technical college it	52097
operates. Those rules shall include criteria for the evaluation	52098
and approval or denial of community or technical college district	52099
requests for withholding under this section.	52100

(I) The authority granted by this section is in addition to	52101
and not a limitation on any other authorizations granted by or	52102
pursuant to law for the same or similar purposes.	52103

Sec. 3334.19. (A) The Ohio tuition trust authority shall	52104
adopt an investment plan that sets forth investment policies and	52105
guidelines to be utilized in administering the variable college	52106
savings program and investment options offered by the authority.	52107
The investment options shall include a default option to benefit	52108
contributors who are first-time investors or have low to moderate	52109
incomes. Except as provided in section 3334.20 of the Revised	52110
Code, the authority shall contract with one or more insurance	52111
companies, banks, or other financial institutions to act as its	52112
investment agents and to provide such services as the authority	52113
considers appropriate to the investment plan, including:	52114

(1) Purchase, control, and safekeeping of assets;

52115

(2) Record keeping and accounting for individual accounts and	52116
for the program as a whole;	52117

(3) Provision of consolidated statements of account.

52118

(B) The authority or its investment agents shall maintain a	52119
separate account for the beneficiary of each contract entered into	52120
under the variable college savings program. If a beneficiary has	52121
more than one such account, the authority or its agents shall	52122
track total contributions and earnings and provide a consolidated	52123
system of account distributions to institutions of higher	52124
education.	52125

(C) The authority or its investment agents may place assets	52126
of the program in savings accounts and may purchase fixed or	52127
variable life insurance or annuity contracts, securities, evidence	52128
of indebtedness, or other investment products pursuant to the	52129
investment plan.	52130

(D) Contributors shall not direct the investment of their	52131
contributions under the investment plan. The authority shall	52132
impose other limits on contributors' investment discretion to the	52133
extent required under section 529 of the Internal Revenue Code.	52134

(E) The investment agents with which the authority contracts	52135
shall discharge their duties with respect to program funds with	52136
the care and diligence that a prudent person familiar with such	52137
matters and with the character and aims of the program would use.	52138

(F) The assets of the program shall be preserved, invested,	52139
and expended solely for the purposes of this chapter and shall not	52140
be loaned or otherwise transferred or used by the state for any	52141
other purpose. This section shall not be construed to prohibit the	52142
investment agents of the authority from investing, by purchase or	52143
otherwise, in bonds, notes, or other obligations of the state or	52144
any agency or instrumentality of the state. Unless otherwise	52145
specified by the authority, assets of the program shall be	52146
expended in the following order of priority:	52147

(1) To make payments on behalf of beneficiaries;

52148

(2) To make refunds upon termination of variable college	52149
savings program contracts;	52150

(3) To pay the authority's costs of administering the	52151
program;	52152

(4) To pay or cover any other expenditure or disbursement the	52153
authority determines necessary or appropriate.	52154

(G) Fees, charges, and other costs imposed or collected by	52155
the authority in connection with the variable college savings	52156
program, including any fees or other payments that the authority	52157
requires an investment agent to pay to the authority, shall be	52158
credited to either the variable operating fund or the index	52159
operating fund at the discretion of the authority. These funds are	52160
hereby created in the state treasury. Expenses incurred in the	52161
administration of the variable college savings program, as well as	52162
other expenses, disbursements, or payments the authority considers	52163
appropriate for the benefit of any college savings programs	52164
administered by the authority, the state of Ohio and its citizens,	52165
shall be paid from the variable operating fund or the index	52166
operating fund at the discretion of the authority.	52167

(H) No records of the authority indicating the identity of	52168
purchasers, contributors, and beneficiaries under the program or	52169
amounts contributed to, earned by, or distributed from program	52170
accounts are public records within the meaning of section 149.43	52171
of the Revised Code.	52172

Sec. 3345.023. (A) No state institution of higher education	52173
shall take any action or enforce any policy that would deny a	52174
religious student group any benefit available to any other student	52175
group based on the religious student group's requirement that its	52176
leaders or voting members adhere to its sincerely held religious	52177
beliefs or standards of conduct.	52178

(B) As used in this section:

52179

(1) "Benefits" include, without limitation:

52180

(a) Recognition;

52181

(b) Registration;

52182

(c) The use of facilities of the state institution of higher	52183
education for meetings or speaking purposes, subject to section	52184
3345.021 of the Revised Code;	52185

(d) The use of channels of communication of the state	52186
institution of higher education;	52187

(e) Funding sources that are otherwise available to any other	52188
student group in the state institution of higher education.	52189

(2) "State institution of higher education" has the same	52190
meaning as in section 3345.011 of the Revised Code.	52191

Sec. 3345.061. (A) Ohio's two-year institutions of higher	52192
education are respected points of entry for students embarking on	52193
post-secondary careers and courses completed at those institutions	52194
are transferable to state universities in accordance with	52195
articulation and transfer agreements developed under sections	52196
3333.16, 3333.161, and 3333.162 of the Revised Code.	52197

(B) Beginning with undergraduate students who commence	52198
undergraduate studies in the 2014-2015 academic year, no state	52199
university listed in section 3345.011 of the Revised Code, except	52200
Central state university, Shawnee state university, and Youngstown	52201
state university, shall receive any state operating subsidies for	52202
any academic remedial or developmental courses for undergraduate	52203
students, including courses prescribed in the Ohio core curriculum	52204
for high school graduation under division (C) of section 3313.603	52205
of the Revised Code, offered at its main campus, except as	52206
provided in divisions (B)(1) to (4) of this section.	52207

(1) In the 2014-2015 and 2015-2016 academic years, a state	52208
university may receive state operating subsidies for academic	52209
remedial or developmental courses for not more than three per cent	52210
of the total undergraduate credit hours provided by the university	52211
at its main campus.	52212

(2) In the 2016-2017 academic year, a state university may	52213
receive state operating subsidies for academic remedial or	52214
developmental courses for not more than fifteen per cent of the	52215
first-year students who have graduated from high school within the	52216
previous twelve months and who are enrolled in the university at	52217
its main campus, as calculated on a full-time-equivalent basis.	52218

(3) In the 2017-2018 academic year, a state university may	52219
receive state operating subsidies for academic remedial or	52220
developmental courses for not more than ten per cent of the	52221
first-year students who have graduated from high school within the	52222
previous twelve months and who are enrolled in the university at	52223
its main campus, as calculated on a full-time-equivalent basis.	52224

(4) In the 2018-2019 academic year, a state university may	52225
receive state operating subsidies for academic remedial or	52226
developmental courses for not more than five per cent of the	52227
first-year students who have graduated from high school within the	52228
previous twelve months and who are enrolled in the university at	52229
its main campus, as calculated on a full-time-equivalent basis.	52230

Each state university may continue to offer academic remedial	52231
and developmental courses at its main campus beyond the extent for	52232
which state operating subsidies may be paid under this division	52233
and may continue to offer such courses beyond the 2018-2019	52234
academic year. However, the university shall not receive any state	52235
operating subsidies for such courses above the maximum amounts	52236
permitted in this division.	52237

(C) Except as otherwise provided in division (B) of this	52238
section, beginning with students who commence undergraduate	52239
studies in the 2014-2015 academic year, state operating subsidies	52240
for academic remedial or developmental courses offered by state	52241
institutions of higher education may be paid only to Central state	52242
university, Shawnee state university, Youngstown state university,	52243
any university branch, any community college, any state community	52244
college, or any technical college.	52245

(D) Each state university shall grant credit for academic	52246
remedial or developmental courses successfully completed at an	52247
institution described in division (C) of this section pursuant to	52248
any applicable articulation and transfer agreements the university	52249
has entered into in accordance with policies and procedures	52250
adopted under section 3333.16, 3333.161, or 3333.162 of the	52251
Revised Code.	52252

(E) The chancellor of the Ohio board of regents shall do all	52253
of the following:	52254

(1) Withhold state operating subsidies for academic remedial	52255
or developmental courses provided by a state university as	52256
required in order to conform to divisions (B) and (C) of this	52257
section;	52258

(2) Adopt uniform statewide standards for academic remedial	52259
and developmental courses offered by all state institutions of	52260
higher education~~, as defined in section 3345.011 of the Revised~~	52261
~~Code~~;	52262

(3) Encourage and assist in the design and establishment of	52263
academic remedial and developmental courses by institutions of	52264
higher education;	52265

(4) Define "academic year" for purposes of this section and	52266
section 3345.06 of the Revised Code;	52267

(5) Encourage and assist in the development of articulation	52268
and transfer agreements between state universities and other	52269
institutions of higher education in accordance with policies and	52270
procedures adopted under sections 3333.16, 3333.161, and 3333.162	52271
of the Revised Code.	52272

(F) Not later than December 31, 2012, the presidents, or	52273
equivalent position, of all state institutions of higher	52274
education, or their designees, jointly shall establish uniform	52275
statewide standards in mathematics, science, reading, and writing	52276
each student enrolled in a state institution of higher education	52277
must meet to be considered in remediation-free status. The	52278
presidents also shall establish assessments, if they deem	52279
necessary, to determine if a student meets the standards adopted	52280
under this division. Each institution is responsible for assessing	52281
the needs of its enrolled students in the manner adopted by the	52282
presidents. The board of trustees or managing authority of each	52283
state institution of higher education shall adopt the	52284
remediation-free status standard, and any related assessments,	52285
into the institution's policies.	52286

The chancellor shall assist in coordinating the work of the	52287
presidents under this division.	52288

(G) Each year, not later than a date established by the	52289
chancellor, each state institution of higher education shall	52290
report to the governor, the general assembly, the chancellor, and	52291
the superintendent of public instruction all of the following for	52292
the prior academic year:	52293

(1) The institution's aggregate costs for providing academic	52294
remedial or developmental courses;	52295

(2) The amount of those costs disaggregated according to the	52296
city, local, or exempted village school districts from which the	52297
students taking those courses received their high school diplomas;	52298

(3) Any other information with respect to academic remedial	52299
and developmental courses that the chancellor considers	52300
appropriate.	52301

(H) Not later than December 31, 2011, and the thirty-first	52302
day of each December thereafter, the chancellor and the	52303
superintendent of public instruction shall issue a report	52304
recommending policies and strategies for reducing the need for	52305
academic remediation and developmental courses at state	52306
institutions of higher education.	52307

(I) As used in this section, "state institution of higher	52308
education" has the same meaning as in section 3345.011 of the	52309
Revised Code.	52310

Sec. 3345.14. (A) As used in this section, "state college or	52311
university" means any state university or college defined in	52312
division (A)(1) of section 3345.12 of the Revised Code, and any	52313
other institution of higher education defined in division (A)(2)	52314
of that section.	52315

(B) All rights to and interests in discoveries, inventions,	52316
or patents which result from research or investigation conducted	52317
in any experiment station, bureau, laboratory, research facility,	52318
or other facility of any state college or university, or by	52319
employees of any state college or university acting within the	52320
scope of their employment or with funding, equipment, or	52321
infrastructure provided by or through any state college or	52322
university, shall be the sole property of that college or	52323
university. No person, firm, association, corporation, or	52324
governmental agency which uses the facilities of such college or	52325
university in connection with such research or investigation and	52326
no faculty member, employee, or student of such college or	52327
university participating in or making such discoveries or	52328
inventions, shall have any rights to or interests in such	52329
discoveries or inventions, including income therefrom, except as	52330
may, by determination of the board of trustees of such college or	52331
university, be assigned, licensed, transferred, or paid to such	52332
persons or entities in accordance with division (C) of this	52333
section or in accordance with rules adopted under division (D) of	52334
this section.	52335

(C) As may be determined from time to time by the board of	52336
trustees of any state college or university, the college or	52337
university may retain, assign, license, transfer, sell, or	52338
otherwise dispose of, in whole or in part and upon such terms as	52339
the board of trustees may direct, any and all rights to, interests	52340
in, or income from any such discoveries, inventions, or patents	52341
which the college or university owns or may acquire. Such	52342
dispositions may be to any individual, firm, association,	52343
corporation, or governmental agency, or to any faculty member,	52344
employee, or student of the college or university as the board of	52345
trustees may direct. Any and all income or proceeds derived or	52346
retained from such dispositions shall be applied to the general or	52347
special use of the college or university as determined by the	52348
board of trustees of such college or university.	52349

(D)(1) Notwithstanding any provision of the Revised Code to	52350
the contrary, including but not limited to sections 102.03,	52351
102.04, 2921.42, and 2921.43 of the Revised Code, the board of	52352
trustees of any state college or university may adopt rules in	52353
accordance with section 111.15 of the Revised Code that set forth	52354
circumstances under which an employee of the college or university	52355
may solicit or accept, and under which a person may give or	52356
promise to give to such an employee, a financial interest in any	52357
firm, corporation, or other association to which the board has	52358
assigned, licensed, transferred, or sold the college or	52359
university's interests in its intellectual property, including	52360
discoveries or inventions made or created by that employee or in	52361
patents issued to that employee.	52362

(2) Rules established under division (D)(1) of this section	52363
shall include the following:	52364

(a) A requirement that each college or university employee	52365
disclose to the college or university board of trustees any	52366
financial interest the employee holds in a firm, corporation, or	52367
other association as described in division (D)(1) of this section;	52368

(b) A requirement that all disclosures made under division	52369
(D)(2)(a) of this section are reviewed by officials designated by	52370
the college or university board of trustees. The officials	52371
designated under this division shall determine the information	52372
that shall be disclosed and safeguards that shall be applied in	52373
order to manage, reduce, or eliminate any actual or potential	52374
conflict of interest.	52375

(c) A requirement that in implementing division (D) of this	52376
section all members of the college or university board of trustees	52377
shall be governed by Chapter 102. and sections 2921.42 and 2921.43	52378
of the Revised Code.	52379

(d) Guidelines to ensure that any financial interest held by	52380
any employee of the college or university does not result in	52381
misuse of the students, employees, or resources of the college or	52382
university for the benefit of the firm, corporation, or other	52383
association in which such interest is held or does not otherwise	52384
interfere with the duties and responsibilities of the employee who	52385
holds such an interest.	52386

(3) Rules established under division (D)(1) of this section	52387
may include other provisions at the discretion of the college or	52388
university board of trustees.	52389

(E) Notwithstanding division (D) of this section, the Ohio	52390
ethics commission retains authority to provide assistance to a	52391
college or university board of trustees in the implementation of	52392
division (D)(2) of this section and to address any matter that is	52393
outside the scope of the exception to division (B) of this section	52394
as set forth in division (D) of this section or as set forth in	52395
rules established under division (D) of this section.	52396

Sec. 3345.81. (A) The chancellor of the Ohio board of regents	52397
shall develop a plan for designating public institutions of higher	52398
education as charter universities. In developing the plan, the	52399
chancellor shall:	52400

(1) Study the administrative and financial relationships	52401
between the state and its public institutions of higher education	52402
to determine the extent to which public colleges and universities	52403
can manage their operations more effectively when accorded	52404
flexibility through selected delegation of authority;	52405

(2) Examine legal and other issues related to the feasibility	52406
and practicability of restructuring the administrative and	52407
financial relationships between the state and its public	52408
institutions of higher education;	52409

(3) Consult with the presidents of the institutions of higher	52410
education of the university system of Ohio.	52411

(B) The office of budget and management, the department of	52412
administrative services, and each state institution of higher	52413
education shall provide the chancellor, upon the chancellor's	52414
request, with research assistance, fiscal and policy analysis, and	52415
other services in conducting the study and developing the plan	52416
under this section. Each state agency shall provide the chancellor	52417
with any other assistance requested by the chancellor in	52418
conducting the study and developing the plan.	52419

52420

(1) The manner in which a state institution of higher	52421
education may become eligible for restructured financial and	52422
operational authority, and performance measures and criteria to	52423
determine eligibility. The performance measures and criteria shall	52424
address the institution's ability to manage successfully its	52425
administrative and financial operations without jeopardizing the	52426
financial integrity and stability of the institution.	52427

(2) Specific areas of financial and operational authority	52428
that are subject to increased flexibility;	52429

(3) The nature and term of the management agreement required	52430
between the state and an institution.	52431

(D) Not later than August 15, 2011, the chancellor shall	52432
submit to the general assembly and the governor a report of	52433
findings and recommendations for use in developing policy,	52434
statutory, and administrative rule changes necessary to implement	52435
the plan. No institution shall be designated a charter university	52436
until the general assembly, after considering the chancellor's	52437
plan, has enacted legislation establishing a procedure for making	52438
the designation. The chancellor shall not adopt, amend, or rescind	52439
any rules with respect to designating institutions as charter	52440
universities until that legislation is enacted. The general	52441
assembly intends that the general assembly, governor, and	52442
chancellor will take actions necessary for implementation of the	52443
plan for charter universities to commence July 1, 2012.	52444

Sec. 3353.04. (A) The eTech Ohio commission may perform any	52445
act necessary to carry out the functions of this chapter,	52446
including any of the following:	52447

(1) Make grants to institutions and other organizations as	52448
prescribed by the general assembly for the provision of technical	52449
assistance, professional development, and other support services	52450
to enable school districts, community schools established under	52451
Chapter 3314. of the Revised Code, other educational institutions,	52452
and affiliates to utilize educational technology;	52453

(2) Establish a reporting system for school districts,	52454
community schools, other educational institutions, affiliates, and	52455
educational technology organizations that receive financial	52456
assistance from the commission. The system may require the	52457
reporting of information regarding the manner in which the	52458
assistance was expended, the manner in which the equipment or	52459
services purchased with the assistance is being utilized, the	52460
results or outcome of the utilization, the manner in which the	52461
utilization is compatible with the statewide academic standards	52462
adopted by the state board of education pursuant to section	52463
3301.079 of the Revised Code, and any other information determined	52464
by the commission.	52465

(3) Ensure that, where appropriate, products produced by any	52466
entity to which the commission provides financial assistance for	52467
use in elementary and secondary education are aligned with the	52468
statewide academic standards adopted by the state board pursuant	52469
to section 3301.079 of the Revised Code;	52470

(4) Promote accessibility to educational products aligned	52471
with the statewide academic standards, adopted by the state board	52472
pursuant to section 3301.079 of the Revised Code, for school	52473
districts, community schools, and other entities serving grades	52474
kindergarten through twelve;	52475

(5) Own or operate transmission facilities and	52476
interconnection facilities, or contract for transmission	52477
facilities and interconnection facilities, for an educational	52478
television, radio, or radio reading service network;	52479

(6) Establish standards for interconnection facilities used	52480
by the commission in the transmission of educational television,	52481
radio, or radio reading service programming;	52482

(7) Enter into agreements with noncommercial educational	52483
television or radio broadcasting stations or radio reading	52484
services for the operation of the interconnection;	52485

(8) Enter into agreements with noncommercial educational	52486
television or radio broadcasting stations or radio reading	52487
services for the production and use of educational television,	52488
radio, or radio reading service programs to be transmitted by the	52489
educational telecommunications network;	52490

(9) Execute contracts and other agreements necessary and	52491
desirable to carry out the purposes of this chapter and other	52492
duties prescribed to the commission by law or authorize the	52493
executive director of the commission to execute such contracts and	52494
agreements on the commission's behalf;	52495

(10) Act as consultant with educational television and	52496
educational radio stations and radio reading services toward	52497
coordination within the state of the distribution of federal funds	52498
that may become available for equipment for educational	52499
broadcasting or radio reading services;	52500

(11) Make payments to noncommercial Ohio educational	52501
television or radio broadcasting stations or radio reading	52502
services to sustain the operation of such stations or services;	52503

(12) In consultation with participants in programs	52504
administered by the commission, establish guidelines governing	52505
purchasing and procurement that facilitate the timely and	52506
effective implementation of such programs;	52507

(13) In consultation with participants in programs	52508
administered by the commission, consider the efficiency and cost	52509
savings of statewide procurement prior to allocating and releasing	52510
funds for such programs;	52511

(14) In consultation with participants in programs	52512
administered by the commission, establish a systems support	52513
network to facilitate the timely implementation of the programs	52514
and other projects and activities for which the commission	52515
provides assistance.	52516

(B) Chapters 123., 124., 125., and 153. of the Revised Code	52517
and sections 9.331~~, 9.332, and 9.333~~to 9.335 of the Revised Code	52518
do not apply to contracts, programs, projects, or activities of	52519
the commission.	52520

Sec. 3353.15. There is hereby created in the state treasury	52521
the information technology service fund. The fund shall consist of	52522
money received by the eTech Ohio commission pursuant to agreements	52523
with educational entities for the provision of information	52524
technology services to support initiatives to align education from	52525
preschool through college, and any other money deposited into the	52526
fund by the commission. Money in the fund shall be used to provide	52527
the services specified in the agreements, including implementation	52528
and maintenance of an electronic clearinghouse for student	52529
transcript transfers and development of the education data	52530
repository described in section 3301.94 of the Revised Code.	52531
Investment earnings of the fund shall be credited to the fund.	52532

Sec. 3354.16. (A) When the board of trustees of a community	52533
college district has by resolution determined to let by contract	52534
the work of improvements pursuant to the official plan of such	52535
district, contracts in amounts exceeding a dollar amount set by	52536
the board, which dollar amount shall not exceed ~~fifty~~two hundred	52537
thousand dollars, shall be advertised after notices calling for	52538
bids have been published once a week for three consecutive weeks,	52539
in at least one newspaper of general circulation within the	52540
community college district wherein the work is to be done. Subject	52541
to section 3354.10 of the Revised Code, the board of trustees of	52542
the district may let such contract to the lowest responsive and	52543
responsible bidder, in accordance with section 9.312 of the	52544
Revised Code, who meets the requirements of section 153.54 of the	52545
Revised Code. Such contract shall be in writing and shall be	52546
accompanied by or shall refer to plans and specifications for the	52547
work to be done. Such contract shall be approved by the board of	52548
trustees and signed by the president of the board and by the	52549
contractor.	52550

(B) On the first day of January of every even-numbered year,	52551
the chancellor of the board of regents shall adjust the ~~fifty~~two	52552
hundred thousand dollar contract limit set forth in division (A)	52553
of this section, as adjusted in any previous year pursuant to this	52554
division. The chancellor shall adjust the limit according to the	52555
average increase or decrease for each of the two years immediately	52556
preceding the adjustment as set forth in the United States	52557
department of commerce, bureau of economic analysis implicit price	52558
deflator for gross domestic product, nonresidential structures, or	52559
an alternative if the federal government ceases to publish this	52560
metric, provided that no increase or decrease for any year shall	52561
exceed three per cent of the contract limit in existence at the	52562
time of the adjustment. Notwithstanding division (A) of this	52563
section, the limit adjusted under this division shall be used	52564
thereafter in lieu of the limit in division (A) of this section.	52565

(C) Before entering into an improvement pursuant to division	52566
(A) of this section, and except for contracts made with a	52567
construction manager at risk, a design-build firm, or a general	52568
contracting firm, as those terms are defined in section 153.50 of	52569
the Revised Code, the board of trustees of a community college	52570
district shall require separate and distinct proposals to be made	52571
for furnishing materials or doing work on the improvement, or	52572
both, in the board's discretion, for each separate and distinct	52573
branch or class of work entering into the improvement. The board	52574
of trustees also may require a single, combined proposal for the	52575
entire project for materials or doing work, or both, in the	52576
board's discretion, that includes each separate and distinct	52577
branch or class of work entering into the improvement. ~~The board~~	52578
~~of trustees need not solicit separate proposals for a branch or~~	52579
~~class of work for an improvement if the estimate cost for that~~	52580
~~branch or class of work is less than five thousand dollars.~~	52581

(D) When more than one branch or class of work is required,	52582
no contract for the entire job, or for a greater portion thereof	52583
than is embraced in one such branch or class of work shall be	52584
awarded, unless the separate bids do not cover all the work and	52585
materials required or the bids for the whole or for two or more	52586
kinds of work or materials are lower than the separate bids in the	52587
aggregate. ~~The board of trustees need not award separate contracts~~	52588
~~for a branch or class of work entering into an improvement if the~~	52589
~~estimated cost for that branch or class of work is less than five~~	52590
~~thousand dollars.~~	52591

Sec. 3357.16. (A) When the board of trustees of a technical	52592
college district has by resolution determined to let by contract	52593
the work of improvements pursuant to the official plan of such	52594
district, contracts in amounts exceeding a dollar amount set by	52595
the board, which dollar amount shall not exceed ~~fifty~~two hundred	52596
thousand dollars, shall be advertised after notice calling for	52597
bids has been published once a week for three consecutive weeks,	52598
in at least one newspaper of general circulation within the	52599
technical college district where the work is to be done. The board	52600
of trustees of the technical college district may let such	52601
contract to the lowest responsive and responsible bidder, in	52602
accordance with section 9.312 of the Revised Code, who meets the	52603
requirements of section 153.54 of the Revised Code. Such contract	52604
shall be in writing and shall be accompanied by or shall refer to	52605
plans and specifications for the work to be done. Such contract	52606
shall be approved by the board of trustees and signed by the	52607
president of the board and by the contractor.	52608

(B) On the first day of January of every even-numbered year,	52609
the chancellor of the board of regents shall adjust the ~~fifty~~two	52610
hundred thousand dollar contract limit set forth in division (A)	52611
of this section, as adjusted in any previous year pursuant to this	52612
division. The chancellor shall adjust the limit according to the	52613
average increase or decrease for each of the two years immediately	52614
preceding the adjustment as set forth in the United States	52615
department of commerce, bureau of economic analysis implicit price	52616
deflator for gross domestic product, nonresidential structures, or	52617
an alternative if the federal government ceases to publish this	52618
metric, provided that no increase or decrease for any year shall	52619
exceed three per cent of the contract limit in existence at the	52620
time of the adjustment. Notwithstanding division (A) of this	52621
section, the limit adjusted under this division shall be used	52622
thereafter in lieu of the limit in division (A) of this section.	52623

(C) Before entering into an improvement pursuant to division	52624
(A) of this section, and except for contracts made with a	52625
construction manager at risk, a design-build firm, or a general	52626
contracting firm, as those terms are defined in section 153.50 of	52627
the Revised Code, the board of trustees of a technical college	52628
district shall require separate and distinct proposals to be made	52629
for furnishing materials or doing work on the improvement, or	52630
both, in the board's discretion, for each separate and distinct	52631
branch or class of work entering into the improvement. The board	52632
of trustees also may require a single, combined proposal for the	52633
entire project for materials or doing work, or both, in the	52634
board's discretion, that includes each separate and distinct	52635
branch or class of work entering into the improvement. ~~The board~~	52636
~~of trustees need not solicit separate proposals for a branch or~~	52637
~~class of work for an improvement if the estimate cost for that~~	52638
~~branch or class of work is less than five thousand dollars.~~	52639

(D) When more than one branch or class of work is required,	52640
no contract for the entire job, or for a greater portion thereof	52641
than is embraced in one such branch or class of work shall be	52642
awarded, unless the separate bids do not cover all the work and	52643
materials required or the bids for the whole or for two or more	52644
kinds of work or materials are lower than the separate bids in the	52645
aggregate. ~~The board of trustees need not award separate contracts~~	52646
~~for a branch or class of work entering into an improvement if the~~	52647
~~estimated cost for that branch or class of work is less than five~~	52648
~~thousand dollars.~~	52649

Sec. 3365.01. As used in this chapter:

52650

(A) "College" means any state-assisted college or university	52651
described in section 3333.041 of the Revised Code, any nonprofit	52652
institution holding a certificate of authorization pursuant to	52653
Chapter 1713. of the Revised Code, any private institution exempt	52654
from regulation under Chapter 3332. of the Revised Code as	52655
prescribed in section 3333.046 of the Revised Code, and any	52656
institution holding a certificate of registration from the state	52657
board of career colleges and schools and program authorization for	52658
an associate or bachelor's degree program issued under section	52659
3332.05 of the Revised Code.	52660

(B) "School district," except as specified in division (G) of	52661
this section, means any school district to which a student is	52662
admitted under section 3313.64, 3313.65, 3313.98, or 3317.08 of	52663
the Revised Code and does not include a joint vocational or	52664
cooperative education school district.	52665

(C) "Parent" has the same meaning as in section 3313.64 of	52666
the Revised Code.	52667

(D) "Participant" means a student enrolled in a college under	52668
the post-secondary enrollment options program established by this	52669
chapter.	52670

(E) "Secondary grade" means the ninth through twelfth grades.

52671

(F) "School foundation payments" means the amount required to	52672
be paid to a school district for a fiscal year under ~~Chapters~~	52673
~~3306. and~~Chapter 3317. of the Revised Code.	52674

(G) "Tuition base" means, with respect to a participant's	52675
school district, the sum of the formula amount plus the per pupil	52676
amount of the base funding supplements specified in divisions	52677
(C)(1) to (4) of section 3317.012 of the Revised Code for fiscal	52678
year 2009.	52679

The participant's "school district" in the case of a	52680
participant enrolled in a community school shall be the school	52681
district in which the student is entitled to attend school under	52682
section 3313.64 or 3313.65 of the Revised Code.	52683

(H) "Educational program" means enrollment in one or more	52684
school districts, in a nonpublic school, or in a college under	52685
division (B) of section 3365.04 of the Revised Code.	52686

(I) "Nonpublic school" means a chartered or nonchartered	52687
school for which minimum standards are prescribed by the state	52688
board of education pursuant to division (D) of section 3301.07 of	52689
the Revised Code.	52690

(J) "School year" means the year beginning on the first day	52691
of July and ending on the thirtieth day of June.	52692

(K) "Community school" means any school established pursuant	52693
to Chapter 3314. of the Revised Code that includes secondary	52694
grades.	52695

(L) "STEM school" means a science, technology, engineering,	52696
and mathematics school established under Chapter 3326. of the	52697
Revised Code.	52698

Sec. 3365.08. (A) A college that expects to receive or	52699
receives reimbursement under section 3365.07 of the Revised Code	52700
or through alternative funding agreements entered into under rules	52701
adopted under section 3365.12 of the Revised Code shall furnish to	52702
a participant all textbooks and materials directly related to a	52703
course taken by the participant under division (B) of section	52704
3365.04 of the Revised Code. No college shall charge such	52705
participant for tuition, textbooks, materials, or other fees	52706
directly related to any such course.	52707

(B) No student enrolled under this chapter in a course for	52708
which credit toward high school graduation is awarded shall	52709
receive direct financial aid through any state or federal program.	52710

(C) If a school district provides transportation for resident	52711
school students in grades eleven and twelve under section 3327.01	52712
of the Revised Code, a parent of a pupil enrolled in a course	52713
under division (A)(2) or (B) of section 3365.04 of the Revised	52714
Code may apply to the board of education for full or partial	52715
reimbursement for the necessary costs of transporting the student	52716
between the secondary school the student attends and the college	52717
in which the student is enrolled. Reimbursement may be paid solely	52718
from funds received by the district for pupil transportation under	52719
section ~~3306.12~~3317.0212 of the Revised Code or other provisions	52720
of law. The state board of education shall establish guidelines,	52721
based on financial need, under which a district may provide such	52722
reimbursement.	52723

(D) If a community school provides or arranges transportation	52724
for its pupils in grades nine through twelve under section	52725
3314.091 of the Revised Code, a parent of a pupil of the community	52726
school who is enrolled in a course under division (A)(2) or (B) of	52727
section 3365.04 of the Revised Code may apply to the governing	52728
authority of the community school for full or partial	52729
reimbursement of the necessary costs of transporting the student	52730
between the community school and the college. The governing	52731
authority may pay the reimbursement in accordance with the state	52732
board's rules adopted under division (C) of this section solely	52733
from funds paid to it under section 3314.091 of the Revised Code.	52734

Sec. 3501.17. (A) The expenses of the board of elections	52735
shall be paid from the county treasury, in pursuance of	52736
appropriations by the board of county commissioners, in the same	52737
manner as other county expenses are paid. If the board of county	52738
commissioners fails to appropriate an amount sufficient to provide	52739
for the necessary and proper expenses of the board of elections	52740
pertaining to the conduct of elections, the board of elections may	52741
apply to the court of common pleas within the county, which shall	52742
fix the amount necessary to be appropriated and the amount shall	52743
be appropriated. Payments shall be made upon vouchers of the board	52744
of elections certified to by its chairperson or acting chairperson	52745
and the director or deputy director, upon warrants of the county	52746
auditor.	52747

The board of elections shall not incur any obligation	52748
involving the expenditure of money unless there are moneys	52749
sufficient in the funds appropriated therefor to meet the	52750
obligation. If the board of elections requests a transfer of funds	52751
from one of its appropriation items to another, the board of	52752
county commissioners shall adopt a resolution providing for the	52753
transfer except as otherwise provided in section 5705.40 of the	52754
Revised Code. The expenses of the board of elections shall be	52755
apportioned among the county and the various subdivisions as	52756
provided in this section, and the amount chargeable to each	52757
subdivision shall be withheld by the county auditor from the	52758
moneys payable thereto at the time of the next tax settlement. At	52759
the time of submitting budget estimates in each year, the board of	52760
elections shall submit to the taxing authority of each	52761
subdivision, upon the request of the subdivision, an estimate of	52762
the amount to be withheld from the subdivision during the next	52763
fiscal year.	52764

A board of township trustees may, by resolution, request that	52765
the county auditor withhold expenses charged to the township from	52766
a specified township fund that is to be credited with revenue at a	52767
tax settlement. The resolution shall specify the tax levy ballot	52768
issue, the date of the election on the levy issue, and the	52769
township fund from which the expenses the board of elections	52770
incurs related to that ballot issue shall be withheld.	52771

(B) Except as otherwise provided in division (F) of this	52772
section, the compensation of the members of the board of elections	52773
and of the director, deputy director, and regular employees in the	52774
board's offices, other than compensation for overtime worked; the	52775
expenditures for the rental, furnishing, and equipping of the	52776
office of the board and for the necessary office supplies for the	52777
use of the board; the expenditures for the acquisition, repair,	52778
care, and custody of the polling places, booths, guardrails, and	52779
other equipment for polling places; the cost of tally sheets,	52780
maps, flags, ballot boxes, and all other permanent records and	52781
equipment; the cost of all elections held in and for the state and	52782
county; and all other expenses of the board which are not	52783
chargeable to a political subdivision in accordance with this	52784
section shall be paid in the same manner as other county expenses	52785
are paid.	52786

(C) The compensation of judges of elections and intermittent	52787
employees in the board's offices; the cost of renting, moving,	52788
heating, and lighting polling places and of placing and removing	52789
ballot boxes and other fixtures and equipment thereof, including	52790
voting machines, marking devices, and automatic tabulating	52791
equipment; the cost of printing and delivering ballots, cards of	52792
instructions, registration lists required under section 3503.23 of	52793
the Revised Code, and other election supplies, including the	52794
supplies required to comply with division (H) of section 3506.01	52795
of the Revised Code; the cost of contractors engaged by the board	52796
to prepare, program, test, and operate voting machines, marking	52797
devices, and automatic tabulating equipment; and all other	52798
expenses of conducting primaries and elections in the odd-numbered	52799
years shall be charged to the subdivisions in and for which such	52800
primaries or elections are held. The charge for each primary or	52801
general election in odd-numbered years for each subdivision shall	52802
be determined in the following manner: first, the total cost of	52803
all chargeable items used in conducting such elections shall be	52804
ascertained; second, the total charge shall be divided by the	52805
number of precincts participating in such election, in order to	52806
fix the cost per precinct; third, the cost per precinct shall be	52807
prorated by the board of elections to the subdivisions conducting	52808
elections for the nomination or election of offices in such	52809
precinct; fourth, the total cost for each subdivision shall be	52810
determined by adding the charges prorated to it in each precinct	52811
within the subdivision.	52812

(D) The entire cost of special elections held on a day other	52813
than the day of a primary or general election, both in	52814
odd-numbered or in even-numbered years, shall be charged to the	52815
subdivision. Where a special election is held on the same day as a	52816
primary or general election in an even-numbered year, the	52817
subdivision submitting the special election shall be charged only	52818
for the cost of ballots and advertising. Where a special election	52819
is held on the same day as a primary or general election in an	52820
odd-numbered year, the subdivision submitting the special election	52821
shall be charged for the cost of ballots and advertising for such	52822
special election, in addition to the charges prorated to such	52823
subdivision for the election or nomination of candidates in each	52824
precinct within the subdivision, as set forth in the preceding	52825
paragraph.	52826

(E) Where a special election is held on the day specified by	52827
division (E) of section 3501.01 of the Revised Code for the	52828
holding of a primary election, for the purpose of submitting to	52829
the voters of the state constitutional amendments proposed by the	52830
general assembly, and a subdivision conducts a special election on	52831
the same day, the entire cost of the special election shall be	52832
divided proportionally between the state and the subdivision based	52833
upon a ratio determined by the number of issues placed on the	52834
ballot by each, except as otherwise provided in division (G) of	52835
this section. Such proportional division of cost shall be made	52836
only to the extent funds are available for such purpose from	52837
amounts appropriated by the general assembly to the secretary of	52838
state. If a primary election is also being conducted in the	52839
subdivision, the costs shall be apportioned as otherwise provided	52840
in this section.	52841

(F) When a precinct is open during a general, primary, or	52842
special election solely for the purpose of submitting to the	52843
voters a statewide ballot issue, the state shall bear the entire	52844
cost of the election in that precinct and shall reimburse the	52845
county for all expenses incurred in opening the precinct.	52846

(G)(1) The state shall bear the entire cost of advertising in	52847
newspapers statewide ballot issues, explanations of those issues,	52848
and arguments for or against those issues, as required by Section	52849
1g of Article II and Section 1 of Article XVI, Ohio Constitution,	52850
and any other section of law. Appropriations made to the	52851
controlling board shall be used to reimburse the secretary of	52852
state for all expenses the secretary of state incurs for such	52853
advertising under division (G) of section 3505.062 of the Revised	52854
Code.	52855

(2) There is hereby created in the state treasury the	52856
statewide ballot advertising fund. The fund shall receive	52857
transfers approved by the controlling board, and shall be used by	52858
the secretary of state to pay the costs of advertising state	52859
ballot issues as required under division (G)(1) of this section.	52860
Any such transfers may be requested from and approved by the	52861
controlling board prior to placing the advertising, in order to	52862
facilitate timely provision of the required advertising.	52863

(H) The cost of renting, heating, and lighting registration	52864
places; the cost of the necessary books, forms, and supplies for	52865
the conduct of registration; and the cost of printing and posting	52866
precinct registration lists shall be charged to the subdivision in	52867
which such registration is held.	52868

(I) At the request of a majority of the members of the board	52869
of elections, the board of county commissioners may, by	52870
resolution, establish an elections revenue fund. Except as	52871
otherwise provided in this division, the purpose of the fund shall	52872
be to accumulate revenue withheld by or paid to the county under	52873
this section for the payment of any expense related to the duties	52874
of the board of elections specified in section 3501.11 of the	52875
Revised Code, upon approval of a majority of the members of the	52876
board of elections. The fund shall not accumulate any revenue	52877
withheld by or paid to the county under this section for the	52878
compensation of the members of the board of elections or of the	52879
director, deputy director, or other regular employees in the	52880
board's offices, other than compensation for overtime worked.	52881

Notwithstanding sections 5705.14, 5705.15, and 5705.16 of the	52882
Revised Code, the board of county commissioners may, by	52883
resolution, transfer money to the elections revenue fund from any	52884
other fund of the political subdivision from which such payments	52885
lawfully may be made. Following an affirmative vote of a majority	52886
of the members of the board of elections, the board of county	52887
commissioners may, by resolution, rescind an elections revenue	52888
fund established under this division. If an elections revenue fund	52889
is rescinded, money that has accumulated in the fund shall be	52890
transferred to the county general fund.	52891

(J) As used in this section:

52892

(1) "Political subdivision" and "subdivision" mean any board	52893
of county commissioners, board of township trustees, legislative	52894
authority of a municipal corporation, board of education, or any	52895
other board, commission, district, or authority that is empowered	52896
to levy taxes or permitted to receive the proceeds of a tax levy,	52897
regardless of whether the entity receives tax settlement moneys as	52898
described in division (A) of this section;	52899

(2) "Statewide ballot issue" means any ballot issue, whether	52900
proposed by the general assembly or by initiative or referendum,	52901
that is submitted to the voters throughout the state.	52902

Sec. 3506.05. (A) As used in this section, except when used	52903
as part of the phrase "tabulating equipment" or "automatic	52904
tabulating equipment":	52905

(1) "Equipment" means a voting machine, marking device,	52906
automatic tabulating equipment, or software.	52907

(2) "Vendor" means the person that owns, manufactures,	52908
distributes, or has the legal right to control the use of	52909
equipment, or the person's agent.	52910

(B) No voting machine, marking device, automatic tabulating	52911
equipment, or software for the purpose of casting or tabulating	52912
votes or for communications among systems involved in the	52913
tabulation, storage, or casting of votes shall be purchased,	52914
leased, put in use, or continued to be used, except for	52915
experimental use as provided in division (B) of section 3506.04 of	52916
the Revised Code, unless it, a manual of procedures governing its	52917
use, and training materials, service, and other support	52918
arrangements have been certified by the secretary of state and	52919
unless the board of elections of each county where the equipment	52920
will be used has assured that a demonstration of the use of the	52921
equipment has been made available to all interested electors. The	52922
secretary of state shall appoint a board of voting machine	52923
examiners to examine and approve equipment and its related manuals	52924
and support arrangements. The board shall consist of four members,	52925
who shall be appointed as follows:	52926

(1) Two members appointed by the secretary of state.

52927

(2) One member appointed by either the speaker of the house	52928
of representatives or the minority leader of the house of	52929
representatives, whichever is a member of the opposite political	52930
party from the one to which the secretary of state belongs.	52931

(3) One member appointed by either the president of the	52932
senate or the minority leader of the senate, whichever is a member	52933
of the opposite political party from the one to which the	52934
secretary of state belongs.	52935

In all cases of a tie vote or a disagreement in the board, if	52936
no decision can be arrived at, the board shall submit the matter	52937
in controversy to the secretary of state, who shall summarily	52938
decide the question, and the secretary of state's decision shall	52939
be final. Each member of the board shall be a competent and	52940
experienced election officer or a person who is knowledgeable	52941
about the operation of voting equipment and shall serve during the	52942
secretary of state's term. Any vacancy on the board shall be	52943
filled in the same manner as the original appointment. The	52944
secretary of state shall provide staffing assistance to the board,	52945
at the board's request.	52946

For the member's service, each member of the board shall	52947
receive three hundred dollars per day for each combination of	52948
marking device, tabulating equipment, and voting machine examined	52949
and reported, but in no event shall a member receive more than six	52950
hundred dollars to examine and report on any one marking device,	52951
item of tabulating equipment, or voting machine. Each member of	52952
the board shall be reimbursed for expenses the member incurs	52953
during an examination or during the performance of any related	52954
duties that may be required by the secretary of state.	52955
Reimbursement of these expenses shall be made in accordance with,	52956
and shall not exceed, the rates provided for under section 126.31	52957
of the Revised Code.	52958

Neither the secretary of state nor the board, nor any public	52959
officer who participates in the authorization, examination,	52960
testing, or purchase of equipment, shall have any pecuniary	52961
interest in the equipment or any affiliation with the vendor.	52962

(C)(1) A vendor who desires to have the secretary of state	52963
certify equipment shall first submit the equipment, all current	52964
related procedural manuals, and a current description of all	52965
related support arrangements to the board of voting machine	52966
examiners for examination, testing, and approval. The submission	52967
shall be accompanied by a fee of ~~eighteen~~two thousand four	52968
hundred dollars and a detailed explanation of the construction and	52969
method of operation of the equipment, a full statement of its	52970
advantages, and a list of the patents and copyrights used in	52971
operations essential to the processes of vote recording and	52972
tabulating, vote storage, system security, and other crucial	52973
operations of the equipment as may be determined by the board. An	52974
additional fee, in an amount to be set by rules promulgated by the	52975
board, may be imposed to pay for the costs of alternative testing	52976
or testing by persons other than board members, record-keeping,	52977
and other extraordinary costs incurred in the examination process.	52978
Moneys not used shall be returned to the person or entity	52979
submitting the equipment for examination.	52980

(2) Fees collected by the secretary of state under this	52981
section shall be deposited into the state treasury to the credit	52982
of the board of voting machine examiners fund, which is hereby	52983
created. All moneys credited to this fund shall be used solely for	52984
the purpose of paying for the services and expenses of each member	52985
of the board or for other expenses incurred relating to the	52986
examination, testing, reporting, or certification of voting	52987
machine devices, the performance of any related duties as required	52988
by the secretary of state, or the reimbursement of any person	52989
submitting an examination fee as provided in this chapter.	52990

(D) Within sixty days after the submission of the equipment	52991
and payment of the fee, or as soon thereafter as is reasonably	52992
practicable, but in any event within not more than ninety days	52993
after the submission and payment, the board of voting machine	52994
examiners shall examine the equipment and file with the secretary	52995
of state a written report on the equipment with its	52996
recommendations and its determination or condition of approval	52997
regarding whether the equipment, manual, and other related	52998
materials or arrangements meet the criteria set forth in sections	52999
3506.07 and 3506.10 of the Revised Code and can be safely used by	53000
the voters at elections under the conditions prescribed in Title	53001
XXXV of the Revised Code, or a written statement of reasons for	53002
which testing requires a longer period. The board may grant	53003
temporary approval for the purpose of allowing experimental use of	53004
equipment. If the board finds that the equipment meets the	53005
criteria set forth in sections 3506.06, 3506.07, and 3506.10 of	53006
the Revised Code, can be used safely and can be depended upon to	53007
record and count accurately and continuously the votes of	53008
electors, and has the capacity to be warranted, maintained, and	53009
serviced, it shall approve the equipment and recommend that the	53010
secretary of state certify the equipment. The secretary of state	53011
shall notify all boards of elections of any such certification.	53012
Equipment of the same model and make, if it provides for recording	53013
of voter intent, system security, voter privacy, retention of	53014
vote, and communication of voting records in an identical manner,	53015
may then be adopted for use at elections.	53016

(E) The vendor shall notify the secretary of state, who shall	53017
then notify the board of voting machine examiners, of any	53018
enhancement and any significant adjustment to the hardware or	53019
software that could result in a patent or copyright change or that	53020
significantly alters the methods of recording voter intent, system	53021
security, voter privacy, retention of the vote, communication of	53022
voting records, and connections between the system and other	53023
systems. The vendor shall provide the secretary of state with an	53024
updated operations manual for the equipment, and the secretary of	53025
state shall forward the manual to the board. Upon receiving such a	53026
notification and manual, the board may require the vendor to	53027
submit the equipment to an examination and test in order for the	53028
equipment to remain certified. The board or the secretary of state	53029
shall periodically examine, test, and inspect certified equipment	53030
to determine continued compliance with the requirements of this	53031
chapter and the initial certification. Any examination, test, or	53032
inspection conducted for the purpose of continuing certification	53033
of any equipment in which a significant problem has been uncovered	53034
or in which a record of continuing problems exists shall be	53035
performed pursuant to divisions (C) and (D) of this section, in	53036
the same manner as the examination, test, or inspection is	53037
performed for initial approval and certification.	53038

(F) If, at any time after the certification of equipment, the	53039
board of voting machine examiners or the secretary of state is	53040
notified by a board of elections of any significant problem with	53041
the equipment or determines that the equipment fails to meet the	53042
requirements necessary for approval or continued compliance with	53043
the requirements of this chapter, or if the board of voting	53044
machine examiners determines that there are significant	53045
enhancements or adjustments to the hardware or software, or if	53046
notice of such enhancements or adjustments has not been given as	53047
required by division (E) of this section, the secretary of state	53048
shall notify the users and vendors of that equipment that	53049
certification of the equipment may be withdrawn.	53050

(G)(1) The notice given by the secretary of state under	53051
division (F) of this section shall be in writing and shall specify	53052
both of the following:	53053

(a) The reasons why the certification may be withdrawn;

53054

(b) The date on which certification will be withdrawn unless	53055
the vendor takes satisfactory corrective measures or explains why	53056
there are no problems with the equipment or why the enhancements	53057
or adjustments to the equipment are not significant.	53058

(2) A vendor who receives a notice under division (F) of this	53059
section shall, within thirty days after receiving it, submit to	53060
the board of voting machine examiners in writing a description of	53061
the corrective measures taken and the date on which they were	53062
taken, or the explanation required under division (G)(1)(b) of	53063
this section.	53064

(3) Not later than fifteen days after receiving a written	53065
description or explanation under division (G)(2) of this section	53066
from a vendor, the board shall determine whether the corrective	53067
measures taken or the explanation is satisfactory to allow	53068
continued certification of the equipment, and the secretary of	53069
state shall send the vendor a written notice of the board's	53070
determination, specifying the reasons for it. If the board has	53071
determined that the measures taken or the explanation given is	53072
unsatisfactory, the notice shall include the effective date of	53073
withdrawal of the certification. This date may be different from	53074
the date originally specified in division (G)(1)(b) of this	53075
section.	53076

(4) A vendor who receives a notice under division (G)(3) of	53077
this section indicating a decision to withdraw certification may,	53078
within thirty days after receiving it, request in writing that the	53079
board hold a hearing to reconsider its decision. Any interested	53080
party shall be given the opportunity to submit testimony or	53081
documentation in support of or in opposition to the board's	53082
recommendation to withdraw certification. Failure of the vendor to	53083
take appropriate steps as described in division (G)(1)(b) or to	53084
comply with division (G)(2) of this section results in a waiver of	53085
the vendor's rights under division (G)(4) of this section.	53086

(H)(1) The secretary of state, in consultation with the board	53087
of voting machine examiners, shall establish, by rule, guidelines	53088
for the approval, certification, and continued certification of	53089
the voting machines, marking devices, and tabulating equipment to	53090
be used under Title XXXV of the Revised Code. The guidelines shall	53091
establish procedures requiring vendors or computer software	53092
developers to place in escrow with an independent escrow agent	53093
approved by the secretary of state a copy of all source code and	53094
related documentation, together with periodic updates as they	53095
become known or available. The secretary of state shall require	53096
that the documentation include a system configuration and that the	53097
source code include all relevant program statements in low- or	53098
high-level languages. As used in this division, "source code" does	53099
not include variable codes created for specific elections.	53100

(2) Nothing in any rule adopted under division (H) of this	53101
section shall be construed to limit the ability of the secretary	53102
of state to follow or adopt, or to preclude the secretary of state	53103
from following or adopting, any guidelines proposed by the federal	53104
election commission, any entity authorized by the federal election	53105
commission to propose guidelines, the election assistance	53106
commission, or any entity authorized by the election assistance	53107
commission to propose guidelines.	53108

(3)(a) Before the initial certification of any direct	53109
recording electronic voting machine with a voter verified paper	53110
audit trail, and as a condition for the continued certification	53111
and use of those machines, the secretary of state shall establish,	53112
by rule, standards for the certification of those machines. Those	53113
standards shall include, but are not limited to, all of the	53114
following:	53115

(i) A definition of a voter verified paper audit trail as a	53116
paper record of the voter's choices that is verified by the voter	53117
prior to the casting of the voter's ballot and that is securely	53118
retained by the board of elections;	53119

(ii) Requirements that the voter verified paper audit trail	53120
shall not be retained by any voter and shall not contain	53121
individual voter information;	53122

(iii) A prohibition against the production by any direct	53123
recording electronic voting machine of anything that legally could	53124
be removed by the voter from the polling place, such as a receipt	53125
or voter confirmation;	53126

(iv) A requirement that paper used in producing a voter	53127
verified paper audit trail be sturdy, clean, and resistant to	53128
degradation;	53129

(v) A requirement that the voter verified paper audit trail	53130
shall be capable of being optically scanned for the purpose of	53131
conducting a recount or other audit of the voting machine and	53132
shall be readable in a manner that makes the voter's ballot	53133
choices obvious to the voter without the use of computer or	53134
electronic codes;	53135

(vi) A requirement, for office-type ballots, that the voter	53136
verified paper audit trail include the name of each candidate	53137
selected by the voter;	53138

(vii) A requirement, for questions and issues ballots, that	53139
the voter verified paper audit trail include the title of the	53140
question or issue, the name of the entity that placed the question	53141
or issue on the ballot, and the voter's ballot selection on that	53142
question or issue, but not the entire text of the question or	53143
issue.	53144

(b) The secretary of state, by rule adopted under Chapter	53145
119. of the Revised Code, may waive the requirement under division	53146
(H)(3)(a)(v) of this section, if the secretary of state determines	53147
that the requirement is cost prohibitive.	53148

(4)(a) Except as otherwise provided in division (H)(4)(c) of	53149
this section, any voting machine, marking device, or automatic	53150
tabulating equipment initially certified or acquired on or after	53151
December 1, 2008, shall have the most recent federal certification	53152
number issued by the election assistance commission.	53153

(b) Any voting machine, marking device, or automatic	53154
tabulating equipment certified for use in this state on ~~the~~	53155
~~effective date of this amendment~~September 12, 2008, shall meet,	53156
as a condition of continued certification and use, the voting	53157
system standards adopted by the federal election commission in	53158
2002.	53159

(c) A county that acquires additional voting machines,	53160
marking devices, or automatic tabulating equipment on or after	53161
December 1, 2008, shall not be considered to have acquired those	53162
machines, devices, or equipment on or after December 1, 2008, for	53163
the purpose of division (H)(4)(a) of this section if all of the	53164
following apply:	53165

(i) The voting machines, marking devices, or automatic	53166
tabulating equipment acquired are the same as the machines,	53167
devices, or equipment currently used in that county.	53168

(ii) The acquisition of the voting machines, marking devices,	53169
or automatic tabulating equipment does not replace or change the	53170
primary voting system used in that county.	53171

(iii) The acquisition of the voting machines, marking	53172
devices, or automatic tabulating equipment is for the purpose of	53173
replacing inoperable machines, devices, or equipment or for the	53174
purpose providing additional machines, devices, or equipment	53175
required to meet the allocation requirements established pursuant	53176
to division (I) of section 3501.11 of the Revised Code.	53177

Sec. 3521.04. Notwithstanding any provision of section	53178
109.02 of the Revised Code to the contrary, the speaker of the	53179
house of representatives and the president of the senate jointly	53180
may choose to have the general assembly represented by either the	53181
attorney general or by private legal counsel in regard to any	53182
lawsuit challenging the constitutionality or legality of	53183
congressional districts established under this chapter.	53184

Sec. 3701.021. (A) The public health council shall adopt, in	53185
accordance with Chapter 119. of the Revised Code, such rules as	53186
are necessary to carry out sections 3701.021 to 3701.0210 of the	53187
Revised Code, including, but not limited to, rules to establish	53188
the following:	53189

(1) Medical and financial eligibility requirements for the	53190
program for medically handicapped children;	53191

(2) Eligibility requirements for providers of services for	53192
medically handicapped children;	53193

(3) Procedures to be followed by the department of health in	53194
disqualifying providers for violating requirements adopted under	53195
division (A)(2) of this section;	53196

(4) Procedures to be used by the department regarding	53197
application for diagnostic services under division (B) of section	53198
3701.023 of the Revised Code and payment for those services under	53199
division (E) of that section;	53200

(5) Standards for the provision of service coordination by	53201
the department of health and city and general health districts;	53202

(6) Procedures for the department to use to determine the	53203
amount to be paid annually by each county for services for	53204
medically handicapped children and to allow counties to retain	53205
funds under divisions (A)(2) and (3) of section 3701.024 of the	53206
Revised Code;	53207

(7) Financial eligibility requirements for services for Ohio	53208
residents twenty-one years of age or older who have cystic	53209
fibrosis;	53210

(8) Criteria for payment of approved providers who provide	53211
services for medically handicapped children;	53212

(9) Criteria for the department to use in determining whether	53213
the payment of health insurance premiums of participants in the	53214
program for medically handicapped children is cost-effective;	53215

(10) Procedures for appeal of denials of applications under	53216
divisions (A) and (D) of section 3701.023 of the Revised Code,	53217
disqualification of providers, and amounts paid for services;	53218

(11) Terms of appointment for members of the medically	53219
handicapped children's medical advisory council created in section	53220
3701.025 of the Revised Code;	53221

(12) Eligibility requirements for the hemophilia program,	53222
including income and hardship requirements;	53223

(13) If a manufacturer rebate or discount program is	53224
established under division (J) of section 3701.023 of the Revised	53225
Code, procedures for administering the program, including criteria	53226
and other requirements for participation in the program by	53227
manufacturers of drugs and nutritional formulas.	53228

(B) The department of health shall develop a manual of	53229
operational procedures and guidelines for the program for	53230
medically handicapped children to implement sections 3701.021 to	53231
3701.0210 of the Revised Code.	53232

Sec. 3701.023. (A) The department of health shall review	53233
applications for eligibility for the program for medically	53234
handicapped children that are submitted to the department by city	53235
and general health districts and physician providers approved in	53236
accordance with division (C) of this section. The department shall	53237
determine whether the applicants meet the medical and financial	53238
eligibility requirements established by the public health council	53239
pursuant to division (A)(1) of section 3701.021 of the Revised	53240
Code, and by the department in the manual of operational	53241
procedures and guidelines for the program for medically	53242
handicapped children developed pursuant to division (B) of that	53243
section. Referrals of potentially eligible children for the	53244
program may be submitted to the department on behalf of the child	53245
by parents, guardians, public health nurses, or any other	53246
interested person. The department of health may designate other	53247
agencies to refer applicants to the department of health.	53248

(B) In accordance with the procedures established in rules	53249
adopted under division (A)(4) of section 3701.021 of the Revised	53250
Code, the department of health shall authorize a provider or	53251
providers to provide to any Ohio resident under twenty-one years	53252
of age, without charge to the resident or the resident's family	53253
and without restriction as to the economic status of the resident	53254
or the resident's family, diagnostic services necessary to	53255
determine whether the resident has a medically handicapping or	53256
potentially medically handicapping condition.	53257

(C) The department of health shall review the applications of	53258
health professionals, hospitals, medical equipment suppliers, and	53259
other individuals, groups, or agencies that apply to become	53260
providers. The department shall enter into a written agreement	53261
with each applicant who is determined, pursuant to the	53262
requirements set forth in rules adopted under division (A)(2) of	53263
section 3701.021 of the Revised Code, to be eligible to be a	53264
provider in accordance with the provider agreement required by the	53265
medical assistance program established under section 5111.01 of	53266
the Revised Code. No provider shall charge a medically handicapped	53267
child or the child's parent or guardian for services authorized by	53268
the department under division (B) or (D) of this section.	53269

The department, in accordance with rules adopted under	53270
division (A)(3) of section 3701.021 of the Revised Code, may	53271
disqualify any provider from further participation in the program	53272
for violating any requirement set forth in rules adopted under	53273
division (A)(2) of that section. The disqualification shall not	53274
take effect until a written notice, specifying the requirement	53275
violated and describing the nature of the violation, has been	53276
delivered to the provider and the department has afforded the	53277
provider an opportunity to appeal the disqualification under	53278
division (H) of this section.	53279

(D) The department of health shall evaluate applications from	53280
city and general health districts and approved physician providers	53281
for authorization to provide treatment services, service	53282
coordination, and related goods to children determined to be	53283
eligible for the program for medically handicapped children	53284
pursuant to division (A) of this section. The department shall	53285
authorize necessary treatment services, service coordination, and	53286
related goods for each eligible child in accordance with an	53287
individual plan of treatment for the child. As an alternative, the	53288
department may authorize payment of health insurance premiums on	53289
behalf of eligible children when the department determines, in	53290
accordance with criteria set forth in rules adopted under division	53291
(A)(9) of section 3701.021 of the Revised Code, that payment of	53292
the premiums is cost-effective.	53293

(E) The department of health shall pay, from appropriations	53294
to the department, any necessary expenses, including but not	53295
limited to, expenses for diagnosis, treatment, service	53296
coordination, supportive services, transportation, and accessories	53297
and their upkeep, provided to medically handicapped children,	53298
provided that the provision of the goods or services is authorized	53299
by the department under division (B) or (D) of this section. Money	53300
appropriated to the department of health may also be expended for	53301
reasonable administrative costs incurred by the program. The	53302
department of health also may purchase liability insurance	53303
covering the provision of services under the program for medically	53304
handicapped children by physicians and other health care	53305
professionals.	53306

Payments made to providers by the department of health	53307
pursuant to this division for inpatient hospital care, outpatient	53308
care, and all other medical assistance furnished to eligible	53309
recipients shall be made in accordance with rules adopted by the	53310
public health council pursuant to division (A) of section 3701.021	53311
of the Revised Code.	53312

The departments of health and job and family services shall	53313
jointly implement procedures to ensure that duplicate payments are	53314
not made under the program for medically handicapped children and	53315
the medical assistance program established under section 5111.01	53316
of the Revised Code and to identify and recover duplicate	53317
payments.	53318

(F) At the time of applying for participation in the program	53319
for medically handicapped children, a medically handicapped child	53320
or the child's parent or guardian shall disclose the identity of	53321
any third party against whom the child or the child's parent or	53322
guardian has or may have a right of recovery for goods and	53323
services provided under division (B) or (D) of this section. The	53324
department of health shall require a medically handicapped child	53325
who receives services from the program or the child's parent or	53326
guardian to apply for all third-party benefits for which the child	53327
may be eligible and require the child, parent, or guardian to	53328
apply all third-party benefits received to the amount determined	53329
under division (E) of this section as the amount payable for goods	53330
and services authorized under division (B) or (D) of this section.	53331
The department is the payer of last resort and shall pay for	53332
authorized goods or services, up to the amount determined under	53333
division (E) of this section for the authorized goods or services,	53334
only to the extent that payment for the authorized goods or	53335
services is not made through third-party benefits. When a third	53336
party fails to act on an application or claim for benefits by a	53337
medically handicapped child or the child's parent or guardian, the	53338
department shall pay for the goods or services only after ninety	53339
days have elapsed since the date the child, parents, or guardians	53340
made an application or claim for all third-party benefits.	53341
Third-party benefits received shall be applied to the amount	53342
determined under division (E) of this section. Third-party	53343
payments for goods and services not authorized under division (B)	53344
or (D) of this section shall not be applied to payment amounts	53345
determined under division (E) of this section. Payment made by the	53346
department shall be considered payment in full of the amount	53347
determined under division (E) of this section. Medicaid payments	53348
for persons eligible for the medical assistance program	53349
established under section 5111.01 of the Revised Code shall be	53350
considered payment in full of the amount determined under division	53351
(E) of this section.	53352

(G) The department of health shall administer a program to	53353
provide services to Ohio residents who are twenty-one or more	53354
years of age who have cystic fibrosis and who meet the eligibility	53355
requirements established by the rules of the public health council	53356
pursuant to division (A)(7) of section 3701.021 of the Revised	53357
Code, subject to all provisions of this section, but not subject	53358
to section 3701.024 of the Revised Code.	53359

(H) The department of health shall provide for appeals, in	53360
accordance with rules adopted under section 3701.021 of the	53361
Revised Code, of denials of applications for the program for	53362
medically handicapped children under division (A) or (D) of this	53363
section, disqualification of providers, or amounts paid under	53364
division (E) of this section. Appeals under this division are not	53365
subject to Chapter 119. of the Revised Code.	53366

The department may designate ombudspersons to assist	53367
medically handicapped children or their parents or guardians, upon	53368
the request of the children, parents, or guardians, in filing	53369
appeals under this division and to serve as children's, parents',	53370
or guardians' advocates in matters pertaining to the	53371
administration of the program for medically handicapped children	53372
and eligibility for program services. The ombudspersons shall	53373
receive no compensation but shall be reimbursed by the department,	53374
in accordance with rules of the office of budget and management,	53375
for their actual and necessary travel expenses incurred in the	53376
performance of their duties.	53377

(I) The department of health, and city and general health	53378
districts providing service coordination pursuant to division	53379
(A)(2) of section 3701.024 of the Revised Code, shall provide	53380
service coordination in accordance with the standards set forth in	53381
the rules adopted under section 3701.021 of the Revised Code,	53382
without charge, and without restriction as to economic status.	53383

(J) The department of health may establish a manufacturer	53384
rebate or discount program under which it requires a manufacturer	53385
of a drug or nutritional formula to enter into a rebate or	53386
discount agreement with the department as a condition of having	53387
the drug or nutritional formula covered by the programs	53388
administered by the department's bureau for children with medical	53389
handicaps. The program shall be administered in accordance with	53390
rules adopted under section 3701.021 of the Revised Code.	53391

When entering into a rebate or discount agreement under the	53392
program, the manufacturer and the department shall negotiate the	53393
amount of the rebate or discount. A rebate shall consist of a	53394
refund of a portion of the price of a drug or nutritional formula.	53395

Sec. 3701.0211. For each year that federal funds are made	53396
available to states under Title V of the "Social Security Act,"	53397
124 Stat. 352 (2010), 42 U.S.C. 710, as amended, for use in	53398
providing abstinence education, the director of health shall	53399
submit to the United States secretary of health and human services	53400
an application for the allotment of those funds that is available	53401
to this state. The director shall use the funds received in	53402
accordance with any conditions under which the application was	53403
approved.	53404

Sec. 3701.032. The director of health may adopt rules	53405
defining what constitutes a "health home" for the purpose of any	53406
entity that is authorized to provide care coordination services.	53407
The rules shall be adopted in accordance with Chapter 119. of the	53408
Revised Code.	53409

Sec. 3701.07. (A) The public health council shall adopt	53410
rules in accordance with Chapter 119. of the Revised Code defining	53411
and classifying hospitals and dispensaries and providing for the	53412
reporting of information by hospitals and dispensaries. Except as	53413
otherwise provided in the Revised Code, the rules providing for	53414
the reporting of information shall not require inclusion of any	53415
confidential patient data or any information concerning the	53416
financial condition, income, expenses, or net worth of the	53417
facilities other than that financial information already contained	53418
in those portions of the medicare or medicaid cost report that is	53419
necessary for the department of health to certify the per diem	53420
cost under section 3701.62 of the Revised Code. The rules may	53421
require the reporting of information in the following categories:	53422

(1) Information needed to identify and classify the	53423
institution;	53424

(2) Information on facilities and type and volume of services	53425
provided by the institution;	53426

(3) The number of beds listed by category of care provided;

53427

(4) The number of licensed or certified professional	53428
employees by classification;	53429

(5) The number of births that occurred at the institution the	53430
previous calendar year;	53431

(6) Any other information that the council considers relevant	53432
to the safety of patients served by the institution.	53433

Every hospital and dispensary, public or private, annually	53434
shall register with and report to the department of health.	53435
Reports shall be submitted in the manner prescribed in rules	53436
adopted under this division.	53437

(B) Every governmental entity or private nonprofit	53438
corporation or association whose employees or representatives are	53439
defined as residents' rights advocates under divisions (E)(1) and	53440
(2) of section 3721.10 ~~or division (A)(10) of section 3722.01~~ of	53441
the Revised Code shall register with the department of health on	53442
forms furnished by the director of health and shall provide such	53443
reasonable identifying information as the director may prescribe.	53444

The department shall compile a list of the governmental	53445
entities, corporations, or associations registering under this	53446
division and shall update the list annually. Copies of the list	53447
shall be made available to nursing home administrators as defined	53448
in division (C) of section 3721.10 of the Revised Code and to	53449
adult care facility managers as defined in section ~~3722.01~~5119.70	53450
of the Revised Code.	53451

Sec. 3701.61. (A) The department of health shall establish	53452
the help me grow program ~~for the purpose of encouraging~~to	53453
encourage early prenatal and well-baby care, provide parenting	53454
education to promote the comprehensive health and development of	53455
children, and provide early intervention services in accordance	53456
with part C of the "Individuals with Disabilities Education Act,"	53457
118 Stat. 2744 (2004), 20 U.S.C. 1431 et seq. The program shall	53458
include ~~distributing subsidies to counties to provide~~ the	53459
following services:	53460

(1) ~~Home-visiting~~Home visiting services to ~~newborn infants~~	53461
~~and their~~ families with a pregnant woman or an infant or toddler	53462
under three years of age who meet the eligibility requirements	53463
established in rules adopted under this section;	53464

(2) ~~Services~~Part C early intervention services to infants	53465
and toddlers under three years of age who ~~are at risk for, or who~~	53466
~~have, a developmental delay or disability and their families~~meet	53467
the eligibility requirements established in rules adopted under	53468
this section.	53469

(B) The ~~department shall not provide home-visiting services~~	53470
~~under the help me grow program unless requested in writing by a~~	53471
~~parent of the infant or toddler~~director of health may enter into	53472
an interagency agreement with one or more state agencies to	53473
implement the help me grow program and ensure coordination of	53474
early childhood programs.	53475

(C) The director may distribute help me grow program funds	53476
through contracts, grants, or subsidies to entities providing	53477
services under the program.	53478

(D) To the extent funds are available, the department shall	53479
establish a system of payment to providers of home visiting and	53480
part C early intervention services.	53481

~~(C)~~(E) As a condition of receiving payments for home visiting	53482
services, providers shall report to the director data on the	53483
program performance indicators that are used to assess progress	53484
toward achieving the goals of the program. The report shall	53485
include data on the performance indicator of birth outcomes,	53486
including risk indicators of low birth weight and pre-term births,	53487
and data on all other performance indicators specified in rules	53488
adopted under this section. The providers shall report the data in	53489
the format and within the time frames specified in the rules.	53490

The director shall prepare an annual report on the data	53491
received from the providers.	53492

(F) Pursuant to Chapter 119. of the Revised Code, the	53493
~~department~~director shall adopt rules that are necessary and	53494
proper to implement this section. The rules shall specify all of	53495
the following:	53496

(1) Eligibility requirements for home visiting services and	53497
part C early intervention services;	53498

(2) Eligibility requirements for providers of home visiting	53499
services and providers of part C early intervention services;	53500

(3) Standards and procedures for the provision of program	53501
services, including data collection, program monitoring, and	53502
program evaluation;	53503

(4) Procedures for appealing the denial of an application for	53504
program services or the termination of services;	53505

(5) Procedures for appealing the denial of an application to	53506
become a provider of program services or the termination of the	53507
department's approval of a provider;	53508

(6) Procedures for addressing complaints;

53509

(7) The program performance indicators on which data must be	53510
reported by providers of home visiting services under division (E)	53511
of this section, which, to the extent possible, shall be	53512
consistent with federal reporting requirements for federally	53513
funded home visiting services;	53514

(8) The format in which reports must be submitted under	53515
division (E) of this section and the time frames within which the	53516
reports must be submitted;	53517

(9) Criteria for payment of approved providers of program	53518
services;	53519

(10) Any other rules necessary to implement the program.

53520

(G) A family enrolled in the help me grow at-risk program on	53521
the effective date of this amendment shall be eligible for at-risk	53522
services until December 31, 2013, or until the eligible child	53523
reaches three years of age, whichever occurs first.	53524

Sec. 3701.74. (A) As used in this section and section	53525
3701.741 of the Revised Code:	53526

(1) "Ambulatory care facility" means a facility that provides	53527
medical, diagnostic, or surgical treatment to patients who do not	53528
require hospitalization, including a dialysis center, ambulatory	53529
surgical facility, cardiac catheterization facility, diagnostic	53530
imaging center, extracorporeal shock wave lithotripsy center, home	53531
health agency, inpatient hospice, birthing center, radiation	53532
therapy center, emergency facility, and an urgent care center.	53533
"Ambulatory care facility" does not include the private office of	53534
a physician or dentist, whether the office is for an individual or	53535
group practice.	53536

(2) "Chiropractor" means an individual licensed under Chapter	53537
4734. of the Revised Code to practice chiropractic.	53538

(3) "Emergency facility" means a hospital emergency	53539
department or any other facility that provides emergency medical	53540
services.	53541

(4) "Health care practitioner" means all of the following:

53542

(a) A dentist or dental hygienist licensed under Chapter	53543
4715. of the Revised Code;	53544

(b) A registered or licensed practical nurse licensed under	53545
Chapter 4723. of the Revised Code;	53546

(c) An optometrist licensed under Chapter 4725. of the	53547
Revised Code;	53548

(d) A dispensing optician, spectacle dispensing optician,	53549
contact lens dispensing optician, or spectacle-contact lens	53550
dispensing optician licensed under Chapter 4725. of the Revised	53551
Code;	53552

(e) A pharmacist licensed under Chapter 4729. of the Revised	53553
Code;	53554

(f) A physician;

53555

(g) A physician assistant authorized under Chapter 4730. of	53556
the Revised Code to practice as a physician assistant;	53557

(h) A practitioner of a limited branch of medicine issued a	53558
certificate under Chapter 4731. of the Revised Code;	53559

(i) A psychologist licensed under Chapter 4732. of the	53560
Revised Code;	53561

(j) A chiropractor;

53562

(k) A hearing aid dealer or fitter licensed under Chapter	53563
4747. of the Revised Code;	53564

(l) A speech-language pathologist or audiologist licensed	53565
under Chapter 4753. of the Revised Code;	53566

(m) An occupational therapist or occupational therapy	53567
assistant licensed under Chapter 4755. of the Revised Code;	53568

(n) A physical therapist or physical therapy assistant	53569
licensed under Chapter 4755. of the Revised Code;	53570

(o) A professional clinical counselor, professional	53571
counselor, social worker, or independent social worker licensed,	53572
or a social work assistant registered, under Chapter 4757. of the	53573
Revised Code;	53574

(p) A dietitian licensed under Chapter 4759. of the Revised	53575
Code;	53576

(q) A respiratory care professional licensed under Chapter	53577
4761. of the Revised Code;	53578

(r) An emergency medical technician-basic, emergency medical	53579
technician-intermediate, or emergency medical technician-paramedic	53580
certified under Chapter 4765. of the Revised Code.	53581

(5) "Health care provider" means a hospital, ambulatory care	53582
facility, long-term care facility, pharmacy, emergency facility,	53583
or health care practitioner.	53584

(6) "Hospital" has the same meaning as in section 3727.01 of	53585
the Revised Code.	53586

(7) "Long-term care facility" means a nursing home,	53587
residential care facility, or home for the aging, as those terms	53588
are defined in section 3721.01 of the Revised Code; an adult care	53589
facility, as defined in section ~~3722.01~~5119.70 of the Revised	53590
Code; a nursing facility or intermediate care facility for the	53591
mentally retarded, as those terms are defined in section 5111.20	53592
of the Revised Code; a facility or portion of a facility certified	53593
as a skilled nursing facility under Title XVIII of the "Social	53594
Security Act," 49 Stat. 286 (1965), 42 U.S.C.A. 1395, as amended.	53595

(8) "Medical record" means data in any form that pertains to	53596
a patient's medical history, diagnosis, prognosis, or medical	53597
condition and that is generated and maintained by a health care	53598
provider in the process of the patient's health care treatment.	53599

(9) "Medical records company" means a person who stores,	53600
locates, or copies medical records for a health care provider, or	53601
is compensated for doing so by a health care provider, and charges	53602
a fee for providing medical records to a patient or patient's	53603
representative.	53604

(10) "Patient" means either of the following:

53605

(a) An individual who received health care treatment from a	53606
health care provider;	53607

(b) A guardian, as defined in section 1337.11 of the Revised	53608
Code, of an individual described in division (A)(10)(a) of this	53609
section.	53610

(11) "Patient's personal representative" means a minor	53611
patient's parent or other person acting in loco parentis, a	53612
court-appointed guardian, or a person with durable power of	53613
attorney for health care for a patient, the executor or	53614
administrator of the patient's estate, or the person responsible	53615
for the patient's estate if it is not to be probated. "Patient's	53616
personal representative" does not include an insurer authorized	53617
under Title XXXIX of the Revised Code to do the business of	53618
sickness and accident insurance in this state, a health insuring	53619
corporation holding a certificate of authority under Chapter 1751.	53620
of the Revised Code, or any other person not named in this	53621
division.	53622

(12) "Pharmacy" has the same meaning as in section 4729.01 of	53623
the Revised Code.	53624

(13) "Physician" means a person authorized under Chapter	53625
4731. of the Revised Code to practice medicine and surgery,	53626
osteopathic medicine and surgery, or podiatric medicine and	53627
surgery.	53628

(14) "Authorized person" means a person to whom a patient has	53629
given written authorization to act on the patient's behalf	53630
regarding the patient's medical record.	53631

(B) A patient, a patient's personal representative or an	53632
authorized person who wishes to examine or obtain a copy of part	53633
or all of a medical record shall submit to the health care	53634
provider a written request signed by the patient, personal	53635
representative, or authorized person dated not more than one year	53636
before the date on which it is submitted. The request shall	53637
indicate whether the copy is to be sent to the requestor,	53638
physician or chiropractor, or held for the requestor at the office	53639
of the health care provider. Within a reasonable time after	53640
receiving a request that meets the requirements of this division	53641
and includes sufficient information to identify the record	53642
requested, a health care provider that has the patient's medical	53643
records shall permit the patient to examine the record during	53644
regular business hours without charge or, on request, shall	53645
provide a copy of the record in accordance with section 3701.741	53646
of the Revised Code, except that if a physician or chiropractor	53647
who has treated the patient determines for clearly stated	53648
treatment reasons that disclosure of the requested record is	53649
likely to have an adverse effect on the patient, the health care	53650
provider shall provide the record to a physician or chiropractor	53651
designated by the patient. The health care provider shall take	53652
reasonable steps to establish the identity of the person making	53653
the request to examine or obtain a copy of the patient's record.	53654

(C) If a health care provider fails to furnish a medical	53655
record as required by division (B) of this section, the patient,	53656
personal representative, or authorized person who requested the	53657
record may bring a civil action to enforce the patient's right of	53658
access to the record.	53659

(D)(1) This section does not apply to medical records whose	53660
release is covered by section 173.20 or 3721.13 of the Revised	53661
Code, by Chapter 1347. or 5122. of the Revised Code, by 42 C.F.R.	53662
part 2, "Confidentiality of Alcohol and Drug Abuse Patient	53663
Records," or by 42 C.F.R. 483.10.	53664

(2) Nothing in this section is intended to supersede the	53665
confidentiality provisions of sections 2305.24, 2305.25, 2305.251,	53666
and 2305.252 of the Revised Code.	53667

Sec. 3701.83. (A) There is hereby created in the state	53668
treasury the general operations fund. Moneys in the fund shall be	53669
used for the purposes specified in sections 3701.04, 3701.344,	53670
3702.20, 3710.15, 3711.16, 3717.45, 3718.06, 3721.02, ~~3722.04,~~	53671
3729.07, ~~3733.04,~~ 3733.25, 3733.43, 3748.04, 3748.05, 3748.07,	53672
3748.12, 3748.13, 3749.04, 3749.07, 4747.04, 4751.04, and 4769.09	53673
of the Revised Code.	53674

(B) The alcohol testing program fund is hereby created in the	53675
state treasury. The director of health shall use the fund to	53676
administer and enforce the alcohol testing and permit program	53677
authorized by section 3701.143 of the Revised Code.	53678

The fund shall receive transfers from the liquor control fund	53679
created under section 4301.12 of the Revised Code. All investment	53680
earnings of the alcohol testing program fund shall be credited to	53681
the fund.	53682

Sec. 3701.94. (A) As used in this section and section	53683
3701.941 of the Revised Code:	53684

(1) "Clinical laboratory services" means the microbiological,	53685
serological, chemical, hematological, biophysical, cytological, or	53686
pathological examination of materials derived from the human body	53687
for purposes of obtaining information for the diagnosis,	53688
prevention, treatment, or screening of any disease or impairment	53689
or for the assessment of health. "Clinical laboratory services"	53690
also means the collection or preparation of specimens for testing.	53691

(2) "Clinical laboratory services provider" means any person,	53692
or any employee, employer, agent, representative, or other	53693
fiduciary of such person, who provides clinical laboratory	53694
services.	53695

(3) "Group practice" has the same meaning as in section	53696
4731.65 of the Revised Code.	53697

(4) "Hospital" has the same meaning as in section 3727.01 of	53698
the Revised Code.	53699

(5) "Physician" means an individual authorized under Chapter	53700
4731. of the Revised Code to practice medicine and surgery,	53701
osteopathic medicine and surgery, or podiatric medicine and	53702
surgery.	53703

(B) No clinical laboratory services provider shall, directly	53704
or indirectly, offer, give, pay, or deliver, or agree to offer,	53705
give, pay, or deliver, any remuneration, in cash or in kind,	53706
including any kickback, bribe, or rebate, to any physician or	53707
group practice to induce the physician or group practice to do	53708
either of the following:	53709

(1) Refer patients to the clinical laboratory services	53710
provider;	53711

(2) Enter into an arrangement whereby the clinical laboratory	53712
services provider and the physician or group practice agree to	53713
split fees.	53714

(C)(1) Subject to division (C)(2) of this section, no	53715
clinical laboratory services provider shall give to a physician or	53716
group practice, supply the physician or group practice with, or	53717
place in the physician's or group practice's office any	53718
individual, including an employee, agent, representative, or other	53719
fiduciary of the clinical laboratory services provider, whether	53720
paid or unpaid, for the purpose of having that individual perform	53721
clinical laboratory services for the physician or group practice.	53722

(2) Nothing in division (C)(1) of this section prohibits a	53723
clinical laboratory services provider from entering into a	53724
laboratory management services contract with a hospital, including	53725
a contract that requires the clinical laboratory services provider	53726
to place employees or agents who perform functions directly	53727
related to the provision of clinical laboratory services at the	53728
hospital, as long as the contract specifies that the hospital will	53729
pay fair market value for the laboratory management services	53730
rendered.	53731

Sec. 3701.941. If the director of health determines that a	53732
clinical laboratory services provider has violated division (B) or	53733
(C) of section 3701.94 of the Revised Code, the director shall	53734
impose a civil penalty of not less than one thousand dollars and	53735
not more than ten thousand dollars for each day that the violation	53736
continues.	53737

Sec. 3702.31. (A) The quality monitoring and inspection fund	53738
is hereby created in the state treasury. The director of health	53739
shall use the fund to administer and enforce this section and	53740
sections 3702.11 to 3702.20, 3702.30, 3702.301, ~~and~~ 3702.32, and	53741
3701.94 of the Revised Code and rules adopted pursuant to those	53742
sections. The director shall deposit in the fund any moneys	53743
collected pursuant to this section or section 3702.32 or 3701.941	53744
of the Revised Code. All investment earnings of the fund shall be	53745
credited to the fund.	53746

(B) The director of health shall adopt rules pursuant to	53747
Chapter 119. of the Revised Code establishing fees for both of the	53748
following:	53749

(1) Initial and renewal license applications submitted under	53750
section 3702.30 of the Revised Code. The fees established under	53751
division (B)(1) of this section shall not exceed the actual and	53752
necessary costs of performing the activities described in division	53753
(A) of this section.	53754

(2) Inspections conducted under section 3702.15 or 3702.30 of	53755
the Revised Code. The fees established under division (B)(2) of	53756
this section shall not exceed the actual and necessary costs	53757
incurred during an inspection, including any indirect costs	53758
incurred by the department for staff, salary, or other	53759
administrative costs. The director of health shall provide to each	53760
health care facility or provider inspected pursuant to section	53761
3702.15 or 3702.30 of the Revised Code a written statement of the	53762
fee. The statement shall itemize and total the costs incurred.	53763
Within fifteen days after receiving a statement from the director,	53764
the facility or provider shall forward the total amount of the fee	53765
to the director.	53766

(3) The fees described in divisions (B)(1) and (2) of this	53767
section shall meet both of the following requirements:	53768

(a) For each service described in section 3702.11 of the	53769
Revised Code, the fee shall not exceed one thousand seven hundred	53770
fifty dollars annually, except that the total fees charged to a	53771
health care provider under this section shall not exceed five	53772
thousand dollars annually.	53773

(b) The fee shall exclude any costs reimbursable by the	53774
United States centers for medicare and medicaid services as part	53775
of the certification process for the medicare program established	53776
under Title XVIII of the "Social Security Act," 79 Stat. 286	53777
(1935), 42 U.S.C.A. 1395, as amended, and the medicaid program	53778
established under Title XIX of the "Social Security Act," 79 Stat.	53779
286 (1965), 42 U.S.C. 1396.	53780

(4) The director shall not establish a fee for any service	53781
for which a licensure or inspection fee is paid by the health care	53782
provider to a state agency for the same or similar licensure or	53783
inspection.	53784

Sec. 3704.06. (A) The attorney general, upon the request of	53785
the director of environmental protection, shall prosecute any	53786
person who violates section 3704.05 or 3704.16 of the Revised	53787
Code.	53788

(B) The attorney general, upon request of the director, shall	53789
bring an action for an injunction, a civil penalty, or any other	53790
appropriate proceedings in any court of competent jurisdiction	53791
against any person violating or threatening to violate section	53792
3704.05 or 3704.16 of the Revised Code. The court shall have	53793
jurisdiction to grant prohibitory and mandatory injunctive relief	53794
and to require payment of a civil penalty upon the showing that	53795
~~such~~the person has violated this chapter or rules adopted	53796
thereunder.	53797

(C) A person who violates section 3704.05 or 3704.16 of the	53798
Revised Code shall pay a civil penalty of not more than	53799
twenty-five thousand dollars for each day of each violation. This	53800
division does not apply to any requirement of this chapter	53801
regarding the prevention or abatement of odors.	53802

(D) One-half of the moneys collected as civil penalties under	53803
division (C) of this section shall be credited to the	53804
environmental education fund created in section 3745.22 of the	53805
Revised Code. The remainder of the moneys so collected shall be	53806
credited to the air pollution control administration fund, which	53807
is hereby created in the state treasury. The air pollution control	53808
administration fund shall be administered by the director. Moneys	53809
in the air pollution control administration fund shall be used to	53810
supplement other moneys available for the administration and	53811
enforcement of this chapter and the rules adopted and terms and	53812
conditions of orders and permits issued under it, including,	53813
without limitation, the issuance of permits under it, and shall	53814
not be used to satisfy any state matching fund requirements for	53815
the receipt of any federal grant funds.	53816

The director may expend not more than ~~seven~~one million five	53817
hundred ~~fifty~~ thousand dollars of the moneys credited to the air	53818
pollution control administration fund under this division in any	53819
fiscal year for the purposes specified in this division. The	53820
director may request authority from the controlling board to	53821
expend any moneys credited to that fund in any fiscal year in	53822
excess of that amount.	53823

(E) Upon written complaint by any person, the director shall	53824
conduct such investigations and make such inquiries as are	53825
necessary to secure compliance with this chapter. The director,	53826
upon complaint or upon ~~his~~the director's own initiative, may	53827
investigate or make inquiries into any alleged violation or act of	53828
air pollution.	53829

Sec. 3704.14. (A)(1) If the director of environmental	53830
protection determines that implementation of a motor vehicle	53831
inspection and maintenance program is necessary for the state to	53832
effectively comply with the federal Clean Air Act after June 30,	53833
~~2009~~2011, the director may provide for the implementation of the	53834
program in ~~those counties in this state in which such a program is~~	53835
~~federally mandated~~the seven counties in which the program is	53836
operating on the effective date of this amendment. Upon making	53837
such a determination, the director of environmental protection may	53838
request the director of administrative services to extend the	53839
terms of the contract that was entered into under the authority of	53840
~~Section 7 of~~ Am. Sub. H.B. 241 of the ~~127th~~128th general	53841
assembly. Upon receiving the request, the director of	53842
administrative services shall extend the contract, beginning on	53843
July 1, ~~2009~~2011, in accordance with this section. The contract	53844
shall be extended for a period of up to ~~six~~twelve months with the	53845
contractor who conducted the motor vehicle inspection and	53846
maintenance program under that contract.	53847

(2) Prior to the expiration of the contract extension that is	53848
authorized by division (A)(1) of this section, the director of	53849
environmental protection may request the director of	53850
administrative services to enter into a contract with a vendor to	53851
operate a decentralized motor vehicle inspection and maintenance	53852
program in each county in this state in which such a program is	53853
federally mandated through June 30, ~~2011~~2015, with an option for	53854
the state to renew the contract through June 30, ~~2012~~2017. The	53855
contract shall ensure that the decentralized motor vehicle	53856
inspection and maintenance program achieves ~~at least the same~~	53857
substantially similar ozone precursor reductions as achieved by	53858
the program operated under the authority of the contract that was	53859
extended under division (A)(1) of this section. The director of	53860
administrative services shall select a vendor through a	53861
competitive selection process in compliance with Chapter 125. of	53862
the Revised Code.	53863

(3) Notwithstanding any law to the contrary, the director of	53864
administrative services shall ensure that a competitive selection	53865
process regarding a contract to operate a decentralized motor	53866
vehicle inspection and maintenance program in this state	53867
incorporates the following ~~elements~~, which shall be included in	53868
the contract:	53869

(a) AFor purposes of expanding the number of testing	53870
locations for consumer convenience and increased local business	53871
participation, a requirement that the ~~vendor selected to operate~~	53872
~~the~~ program ~~provide notification of the program's requirements to~~	53873
~~each owner of a motor vehicle that is required to be inspected~~	53874
~~under the program. The contract shall require the notification to~~	53875
~~be provided not later than sixty days prior to the date by which~~	53876
~~the owner of the motor vehicle is required to have the motor~~	53877
~~vehicle inspected. The director of environmental protection and~~	53878
~~the vendor shall jointly agree on the content of the notice.~~	53879
~~However, the notice shall include at a minimum the locations of~~	53880
~~all inspection facilities within a specified distance of the~~	53881
~~address that is listed on the owner's motor vehicle registration~~	53882
utilize established local businesses by authorizing existing auto	53883
repair facilities to operate as licensed inspection and waiver	53884
testing facilities;	53885

(b) A requirement that the tailpipe emissions analyzer	53886
utilized for emissions testing be BAR-97 certified;	53887

(c) A requirement that the contractor supply proven	53888
technology for on-board diagnostic testing equipment to all	53889
inspection facilities.	53890

(4) A decentralized motor vehicle inspection and maintenance	53891
program operated under this section shall comply with division (B)	53892
of this section. The director of environmental protection shall	53893
administer the decentralized motor vehicle inspection and	53894
maintenance program operated under this section.	53895

(B) The decentralized motor vehicle inspection and	53896
maintenance program authorized by this section, at a minimum,	53897
shall do all of the following:	53898

(1) Comply with the federal Clean Air Act;

53899

(2) Provide for the issuance of inspection certificates;

53900

(3) Provide for a new car exemption for motor vehicles four	53901
years old or newer and provide that a new motor vehicle is exempt	53902
for four years regardless of whether legal title to the motor	53903
vehicle is transferred during that period.	53904

(C) A motor vehicle inspection and maintenance program shall	53905
not be implemented in any county in which such a program is not	53906
authorized under division (A) of this section without the approval	53907
of the general assembly through the enactment of legislation.	53908
Further, a motor vehicle inspection and maintenance program shall	53909
not be implemented in any county beyond June 30, ~~2012~~2017,	53910
without the approval of the general assembly through the enactment	53911
of legislation.	53912

(D) The director of environmental protection shall adopt	53913
rules in accordance with Chapter 119. of the Revised Code that the	53914
director determines are necessary to implement this section. The	53915
director may continue to implement and enforce rules pertaining to	53916
the motor vehicle inspection and maintenance program previously	53917
implemented under former section 3704.14 of the Revised Code as	53918
that section existed prior to its repeal and reenactment by Am.	53919
Sub. H.B. 66 of the 126th general assembly, provided that the	53920
rules do not conflict with this section.	53921

(E) There is hereby created in the state treasury the auto	53922
emissions test fund, which shall consist of money received by the	53923
director from any cash transfers, state and local grants, and	53924
other contributions that are received for the purpose of funding	53925
the program established under this section. The director of	53926
environmental protection shall use money in the fund solely for	53927
the implementation, supervision, administration, operation, and	53928
enforcement of the motor vehicle inspection and maintenance	53929
program established under this section. Money in the fund shall	53930
not be used for either of the following:	53931

(1) To pay for the inspection costs incurred by a motor	53932
vehicle dealer so that the dealer may provide inspection	53933
certificates to an individual purchasing a motor vehicle from the	53934
dealer when that individual resides in a county that is subject to	53935
the motor vehicle inspection and maintenance program;	53936

(2) To provide payment for more than one free passing	53937
emissions inspection or a total of three emissions inspections for	53938
a motor vehicle in any three-hundred-sixty-five day period. The	53939
owner or lessee of a motor vehicle is responsible for inspection	53940
fees that are related to emissions inspections beyond one free	53941
passing emissions inspection or three total emissions inspections	53942
in any three-hundred-sixty-five day period. Inspection fees that	53943
are charged by a contractor conducting emissions inspections under	53944
a motor vehicle inspection and maintenance program shall be	53945
approved by the director of environmental protection.	53946

(F) The motor vehicle inspection and maintenance program	53947
established under this section expires upon the termination of all	53948
contracts entered into under this section and shall not be	53949
implemented beyond the final date on which termination occurs.	53950

Sec. 3705.24. (A)(1) The public health council shall, in	53951
accordance with section 111.15 of the Revised Code, adopt rules	53952
prescribing fees for the following items or services provided by	53953
the state office of vital statistics:	53954

(a) Except as provided in division (A)(4) of this section:

53955

(i) A certified copy of a vital record or a certification of	53956
birth;	53957

(ii) A search by the office of vital statistics of its files	53958
and records pursuant to a request for information, regardless of	53959
whether a copy of a record is provided;	53960

(iii) A copy of a record provided pursuant to a request.

53961

(b) Replacement of a birth certificate following an adoption,	53962
legitimation, paternity determination or acknowledgement, or court	53963
order;	53964

53965

(d) Amendment of a vital record that is requested later than	53966
one year after the filing date of the vital record;	53967

(e) Any other documents or services for which the public	53968
health council considers the charging of a fee appropriate.	53969

(2) Fees prescribed under division (A)(1)(a) of this section	53970
shall not be less than twelve dollars.	53971

(3) Fees prescribed under division (A)(1) of this section	53972
shall be collected in addition to any fees required by sections	53973
3109.14 and 3705.242 of the Revised Code.	53974

(4) Fees prescribed under division (A) of this section shall	53975
not apply to certifications issued under division (H) of this	53976
section or copies provided under section 3705.241 of the Revised	53977
Code.	53978

(B) In addition to the fees prescribed under division (A) of	53979
this section or section 3709.09 of the Revised Code, the office of	53980
vital statistics or the board of health of a city or general	53981
health district shall charge a five-dollar fee for each certified	53982
copy of a vital record and each certification of birth. This fee	53983
shall be deposited in the general operations fund created under	53984
section 3701.83 of the Revised Code and be used to support the	53985
operations, the modernization, and the automation of the vital	53986
records program in this state. A board of health shall forward all	53987
fees collected under this division to the department of health not	53988
later than thirty days after the end of each calendar quarter.	53989

(C) Except as otherwise provided in division (H) of this	53990
section, and except as provided in section 3705.241 of the Revised	53991
Code, fees collected by the director of health under sections	53992
3705.01 to 3705.29 of the Revised Code shall be paid into the	53993
state treasury to the credit of the general operations fund	53994
created by section 3701.83 of the Revised Code. Except as provided	53995
in division (B) or (I) of this section, money generated by the	53996
fees shall be used only for administration and enforcement of this	53997
chapter and the rules adopted under it. Amounts submitted to the	53998
department of health for copies of vital records or services in	53999
excess of the fees imposed by this section shall be dealt with as	54000
follows:	54001

(1) An overpayment of two dollars or less shall be retained	54002
by the department and deposited in the state treasury to the	54003
credit of the general operations fund created by section 3701.83	54004
of the Revised Code.	54005

(2) An overpayment in excess of two dollars shall be returned	54006
to the person who made the overpayment.	54007

(D) If a local registrar is a salaried employee of a city or	54008
a general health district, any fees the local registrar receives	54009
pursuant to section 3705.23 of the Revised Code shall be paid into	54010
the general fund of the city or the health fund of the general	54011
health district.	54012

Each local registrar of vital statistics, or each health	54013
district where the local registrar is a salaried employee of the	54014
district, shall be entitled to a fee for each birth, fetal death,	54015
death, or military service certificate properly and completely	54016
made out and registered with the local registrar or district and	54017
correctly copied and forwarded to the office of vital statistics	54018
in accordance with the population of the primary registration	54019
district at the last federal census. The fee for each birth, fetal	54020
death, death, or military service certificate shall be:	54021

(1) In primary registration districts of over two hundred	54022
fifty thousand, twenty cents;	54023

(2) In primary registration districts of over one hundred	54024
twenty-five thousand and less than two hundred fifty thousand,	54025
sixty cents;	54026

(3) In primary registration districts of over fifty thousand	54027
and less than one hundred twenty-five thousand, eighty cents;	54028

(4) In primary registration districts of less than fifty	54029
thousand, one dollar.	54030

(E) The director of health shall annually certify to the	54031
county treasurers of the several counties the number of birth,	54032
fetal death, death, and military service certificates registered	54033
from their respective counties with the names of the local	54034
registrars and the amounts due each registrar and health district	54035
at the rates fixed in this section. Such amounts shall be paid by	54036
the treasurer of the county in which the registration districts	54037
are located. No fees shall be charged or collected by registrars	54038
except as provided by this chapter and section 3109.14 of the	54039
Revised Code.	54040

(F) A probate judge shall be paid a fee of fifteen cents for	54041
each certified abstract of marriage prepared and forwarded by the	54042
probate judge to the department of health pursuant to section	54043
3705.21 of the Revised Code. The fee shall be in addition to the	54044
fee paid for a marriage license and shall be paid by the	54045
applicants for the license.	54046

(G) The clerk of a court of common pleas shall be paid a fee	54047
of one dollar for each certificate of divorce, dissolution, and	54048
annulment of marriage prepared and forwarded by the clerk to the	54049
department pursuant to section 3705.21 of the Revised Code. The	54050
fee for the certified abstract of divorce, dissolution, or	54051
annulment of marriage shall be added to the court costs allowed in	54052
these cases.	54053

(H) The fee for an heirloom certification of birth issued	54054
pursuant to division (B)(2) of section 3705.23 of the Revised Code	54055
shall be an amount prescribed by rule by the director of health	54056
plus any fee required by section 3109.14 of the Revised Code. In	54057
setting the amount of the fee, the director shall establish a	54058
surcharge in addition to an amount necessary to offset the expense	54059
of processing heirloom certifications of birth. The fee prescribed	54060
by the director of health pursuant to this division shall be	54061
deposited into the state treasury to the credit of the heirloom	54062
certification of birth fund which is hereby created. Money	54063
credited to the fund shall be used by the office of vital	54064
statistics to offset the expense of processing heirloom	54065
certifications of birth. However, the money collected for the	54066
surcharge, subject to the approval of the controlling board, shall	54067
be used for the purposes specified by the family and children	54068
first council pursuant to section 121.37 of the Revised Code.	54069

(I) ~~Four~~Three dollars of each fee collected by ~~the director~~	54070
~~of health or~~ the board of health of a city or general health	54071
district for ~~an item or service described in division (A)(1)(a) of~~	54072
~~this section~~a certified copy of a vital record or a certification	54073
of birth shall be transferred to the office of vital statistics	54074
not later than thirty days after the end of each calendar quarter	54075
and shall be used to support public health systems.	54076

Sec. 3709.085. (A) The board of health of a city or general	54077
health district may enter into a contract with any political	54078
subdivision or other governmental agency to obtain or provide all	54079
or part of any services, including, but not limited to,	54080
enforcement services, for the purposes of Chapter 3704. of the	54081
Revised Code, the rules adopted and orders made pursuant thereto,	54082
or any other ordinances or rules for the prevention, control, and	54083
abatement of air pollution.	54084

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

54085

(a) "Semipublic disposal system" means a disposal system that	54086
treats the sanitary sewage discharged from publicly or privately	54087
owned buildings or places of assemblage, entertainment,	54088
recreation, education, correction, hospitalization, housing, or	54089
employment, but does not include a disposal system that treats	54090
sewage in amounts of more than twenty-five thousand gallons per	54091
day; a disposal system for the treatment of sewage that is exempt	54092
from the requirements of section 6111.04 of the Revised Code	54093
pursuant to division (F)(7) of that section; or a disposal system	54094
for the treatment of industrial waste.	54095

(b) Terms defined in section 6111.01 of the Revised Code have	54096
the same meanings as in that section.	54097

(2) The board of health of a city or general health district	54098
may enter into a contract with the environmental protection agency	54099
to conduct on behalf of the agency inspection or enforcement	54100
services, for the purposes of Chapter 6111. of the Revised Code	54101
and rules adopted thereunder, for the disposal or treatment of	54102
sewage from semipublic disposal systems. The board of health of a	54103
city or general health district may charge a fee established	54104
pursuant to section 3709.09 of the Revised Code to be paid by the	54105
owner or operator of a semipublic disposal system for inspections	54106
conducted by the board pursuant to a contract entered into under	54107
division (B)(2) of this section, except that the board shall not	54108
charge a fee for those inspections conducted at any recreational	54109
vehicle park, recreation camp, or combined park-camp that is	54110
licensed under section 3729.05 of the Revised Code or at any	54111
manufactured home park that is licensed under section ~~3733.03~~	54112
4781.26 of the Revised Code.	54113

Sec. 3709.09. (A) The board of health of a city or general	54114
health district may, by rule, establish a uniform system of fees	54115
to pay the costs of any services provided by the board.	54116

The fee for issuance of a certified copy of a vital record or	54117
a certification of birth shall not be less than the fee prescribed	54118
for the same service under division (A)(1) of section 3705.24 of	54119
the Revised Code and shall include the fees required by division	54120
(B) of section 3705.24 and section 3109.14 of the Revised Code.	54121

Fees for services provided by the board for purposes	54122
specified in sections 3701.344, 3711.10, 3718.06, 3729.07,	54123
3730.03, ~~3733.04,~~ 3733.25, and 3749.04 of the Revised Code shall	54124
be established in accordance with rules adopted under division (B)	54125
of this section. The district advisory council, in the case of a	54126
general health district, and the legislative authority of the	54127
city, in the case of a city health district, may disapprove any	54128
fee established by the board of health under this division, and	54129
any such fee, as disapproved, shall not be charged by the board of	54130
health.	54131

(B) The public health council shall adopt rules under section	54132
111.15 of the Revised Code that establish fee categories and a	54133
uniform methodology for use in calculating the costs of services	54134
provided for purposes specified in sections 3701.344, 3711.10,	54135
3718.06, 3729.07, 3730.03, ~~3733.04,~~ 3733.25, and 3749.04 of the	54136
Revised Code. In adopting the rules, the public health council	54137
shall consider recommendations it receives from advisory boards	54138
established either by statute or the director of health for	54139
entities subject to the fees.	54140

(C) Except when a board of health establishes a fee by	54141
adopting a rule as an emergency measure, the board of health shall	54142
hold a public hearing regarding each proposed fee for a service	54143
provided by the board for a purpose specified in section 3701.344,	54144
3711.10, 3718.06, 3729.07, 3730.03, ~~3733.04,~~ 3733.25, or 3749.04	54145
of the Revised Code. If a public hearing is held, at least twenty	54146
days prior to the public hearing the board shall give written	54147
notice of the hearing to each entity affected by the proposed fee.	54148
The notice shall be mailed to the last known address of each	54149
entity and shall specify the date, time, and place of the hearing	54150
and the amount of the proposed fee.	54151

(D) If payment of a fee established under this section is not	54152
received by the day on which payment is due, the board of health	54153
shall assess a penalty. The amount of the penalty shall be equal	54154
to twenty-five per cent of the applicable fee.	54155

(E) All rules adopted by a board of health under this section	54156
shall be adopted, recorded, and certified as are ordinances of	54157
municipal corporations and the record thereof shall be given in	54158
all courts the same effect as is given such ordinances, but the	54159
advertisements of such rules shall be by publication in one	54160
newspaper of general circulation within the health district.	54161
Publication shall be made once a week for two consecutive weeks	54162
and such rules shall take effect and be in force ten days from the	54163
date of the first publication.	54164

Sec. 3709.092. (A) A board of health of a city or general	54165
health district shall transmit to the director of health all fees	54166
or additional amounts that the public health council requires to	54167
be collected under sections 3701.344, 3718.06, 3729.07, ~~3733.04,~~	54168
3733.25, and 3749.04 of the Revised Code. The fees and amounts	54169
shall be transmitted according to the following schedule:	54170

(1) For fees and amounts received by the board on or after	54171
the first day of January but not later than the thirty-first day	54172
of March, transmit the fees and amounts not later than the	54173
fifteenth day of May;	54174

(2) For fees and amounts received by the board on or after	54175
the first day of April but not later than the thirtieth day of	54176
June, transmit the fees and amounts not later than the fifteenth	54177
day of August;	54178

(3) For fees and amounts received by the board on or after	54179
the first day of July but not later than the thirtieth day of	54180
September, transmit the fees and amounts not later than the	54181
fifteenth day of November;	54182

(4) For fees and amounts received by the board on or after	54183
the first day of October but not later than the thirty-first day	54184
of December, transmit the fees and amounts not later than the	54185
fifteenth day of February of the following year.	54186

(B) The director shall deposit the fees and amounts received	54187
under this section into the state treasury to the credit of the	54188
general operations fund created in section 3701.83 of the Revised	54189
Code. Each amount shall be used solely for the purpose for which	54190
it was collected.	54191

Sec. 3709.34. (A) The ~~board of county commissioners or the~~	54192
legislative authority of any city may furnish suitable quarters	54193
for any board of health or health department having jurisdiction	54194
over all or a major part of ~~such county or~~that city.	54195

(B)(1) Subject to division (B)(6) of this section, a board of	54196
county commissioners shall provide office space and utilities	54197
through fiscal year 2011 for the board of health having	54198
jurisdiction over the county's general health district.	54199
Thereafter, subject to division (B)(6) of this section, the board	54200
of county commissioners shall make payments as provided in	54201
division (B)(3) of this section for the office space and utilities	54202
until fiscal year 2016. Starting in fiscal year 2016, the board	54203
has no duty to provide the office space or utilities, or to make	54204
payments for the office space or utilities, for the board of	54205
health of the county's general health district.	54206

(2)(a) Not later than the thirtieth day of September 2011,	54207
2012, 2013, and 2014, the board of county commissioners shall make	54208
a written estimate of the total cost for the ensuing fiscal year	54209
to provide office space and utilities to the board of health of	54210
the county's general health district. The estimate of total cost	54211
shall include all of the following:	54212

(i) The total square feet of space to be used by the board of	54213
health;	54214

(ii) The total square feet of any common areas that should be	54215
reasonably allocated to the board of health and the method for	54216
making this allocation;	54217

(iii) The actual cost per square foot for both the space used	54218
by and the common areas allocated to the board of health;	54219

(iv) An explanation of the method used to determine the	54220
actual cost per square foot;	54221

(v) The estimated cost of providing utilities, including an	54222
explanation of how this cost was determined;	54223

(vi) Any other estimated costs the board of county	54224
commissioners anticipates will be incurred to provide office space	54225
and utilities to the board of health, including a detailed	54226
explanation of those costs and the rationale used to determine	54227
them.	54228

(b) The board of county commissioners shall forward a copy of	54229
the estimate of total cost to the director of the board of health	54230
not later than the fifth day of October 2011, 2012, 2013, and	54231
2014. The director shall review the estimate and, not later than	54232
twenty days after its receipt, notify the board of county	54233
commissioners that the director agrees with the estimate, or	54234
objects to it giving specific reasons for the objections.	54235

(c) If the director agrees with the estimate, it shall become	54236
the final estimate of total cost. Failure of the director to make	54237
objections to the estimate by the twentieth day after its receipt	54238
shall be deemed to mean that the director is in agreement with the	54239
estimate.	54240

(d) If the director timely objects to the estimate and	54241
provides specific objections to the board of county commissioners,	54242
the board shall review the objections and may modify the original	54243
estimate and send a revised estimate of total cost to the director	54244
within ten days after receipt of the objections. The director	54245
shall respond to a revised estimate within ten days after its	54246
receipt. If the director agrees with it, the revised estimate	54247
shall become the final estimate of total cost. If the director	54248
fails to respond within the ten-day period, the director shall be	54249
deemed to have agreed with the revised estimate. If the director	54250
disagrees with the revised estimate, the director shall send	54251
specific objections to the board of county commissioners within	54252
the ten-day period.	54253

(e) If the director timely objected to the original estimate	54254
or sends specific objections to a revised estimate within the	54255
required time, or if there is no revised estimate, the probate	54256
judge of the county shall determine the final estimate of total	54257
cost and certify this amount to the director and the board of	54258
county commissioners before the first day of January 2012, 2013,	54259
2014, or 2015, as applicable.	54260

(3)(a) Subject to division (B)(6) of this section, a board of	54261
county commissioners shall be responsible for the following	54262
percentages of the final estimate of total cost established by	54263
division (B)(2) of this section:	54264

(i) Eighty per cent for fiscal year 2012;

54265

(ii) Sixty per cent for fiscal year 2013;

54266

(iii) Forty per cent for fiscal year 2014;

54267

(iv) Twenty per cent for fiscal year 2015.

54268

(b) In fiscal years 2012, 2013, 2014, and 2015, the board of	54269
health of the county's general health district shall be	54270
responsible for the payment of the remainder of any costs incurred	54271
in excess of the amount payable under division (B)(3)(a)(i), (ii),	54272
(iii), or (iv) of this section, as applicable, for the provision	54273
of office space and utilities for the board of health, including	54274
any unanticipated or unexpected increases in costs beyond the	54275
final estimate of total cost.	54276

(c) Beginning in fiscal year 2016, the board of county	54277
commissioners has no obligation to provide office space or	54278
utilities, or to make payments for office space or utilities, for	54279
the board of health.	54280

(4) After fiscal year 2015, the board of county commissioners	54281
and the board of health of the county's general health district	54282
may enter into a contract for the board of county commissioners to	54283
provide office space for the use of the board of health and to	54284
provide utilities for that office space. The term of the contract	54285
shall not exceed four years and may be renewed for additional	54286
periods not to exceed four years.	54287

(5) Notwithstanding divisions (B)(1) to (4) of this section,	54288
in any fiscal year the board of county commissioners, in its	54289
discretion, may provide office space and utilities for the board	54290
of health of the county's general health district free of charge.	54291

(6) If the board of health of a general health district	54292
rents, leases, lease-purchases, or otherwise acquires office space	54293
to facilitate the performance of its functions, or constructs,	54294
enlarges, renovates, or otherwise modifies buildings or other	54295
structures to provide office space to facilitate the performance	54296
of its functions, the board of county commissioners of the county	54297
served by the general health district has no further obligation	54298
under division (B) of this section to provide office space or	54299
utilities, or to make payments for office space or utilities, for	54300
the board of health, unless the board of county commissioners	54301
enters into a contract with the board of health under division	54302
(B)(4) of this section, or exercises its option under division	54303
(B)(5) of this section.	54304

Sec. 3709.341. The board of county commissioners may donate	54305
or sell property, buildings, and furnishings to any board of	54306
health of a general or combined health district. Upon acceptance	54307
by the board of health of the general or combined district, the	54308
board of county commissioners may convey the property, buildings,	54309
and furnishings to the board of health to be used as quarters by	54310
the board of health. The instrument conveying the property,	54311
buildings, and furnishings shall include a reverter clause that,	54312
in the event the board of health subsequently sells the property,	54313
buildings, and furnishings:	54314

(A) Reverts the property, buildings, and furnishings to the	54315
board of county commissioners if they initially were donated by	54316
the board of county commissioners; or	54317

(B) Specifies how the proceeds of the board of health's	54318
subsequent sale of the property, buildings, and furnishings shall	54319
be distributed, if they initially were sold by the board of county	54320
commissioners.	54321

Sec. 3721.01. (A) As used in sections 3721.01 to 3721.09 and	54322
3721.99 of the Revised Code:	54323

(1)(a) "Home" means an institution, residence, or facility	54324
that provides, for a period of more than twenty-four hours,	54325
whether for a consideration or not, accommodations to three or	54326
more unrelated individuals who are dependent upon the services of	54327
others, including a nursing home, residential care facility, home	54328
for the aging, and a veterans' home operated under Chapter 5907.	54329
of the Revised Code.	54330

(b) "Home" also means both of the following:

54331

(i) Any facility that a person, as defined in section 3702.51	54332
of the Revised Code, proposes for certification as a skilled	54333
nursing facility or nursing facility under Title XVIII or XIX of	54334
the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301,	54335
as amended, and for which a certificate of need, other than a	54336
certificate to recategorize hospital beds as described in section	54337
3702.522 of the Revised Code or division (R)(7)(d) of the version	54338
of section 3702.51 of the Revised Code in effect immediately prior	54339
to April 20, 1995, has been granted to the person under sections	54340
3702.51 to 3702.62 of the Revised Code after August 5, 1989;	54341

(ii) A county home or district home that is or has been	54342
licensed as a residential care facility.	54343

54344

(i) Except as provided in division (A)(1)(b) of this section,	54345
a public hospital or hospital as defined in section 3701.01 or	54346
5122.01 of the Revised Code;	54347

(ii) A residential facility for mentally ill persons as	54348
defined under section 5119.22 of the Revised Code;	54349

(iii) A residential facility as defined in section 5123.19 of	54350
the Revised Code;	54351

(iv) An adult care facility as defined in section ~~3722.01~~	54352
5119.70 of the Revised Code;	54353

(v) An alcohol or drug addiction program as defined in	54354
section 3793.01 of the Revised Code;	54355

(vi) A facility licensed to provide methadone treatment under	54356
section 3793.11 of the Revised Code;	54357

(vii) A facility providing services under contract with the	54358
department of developmental disabilities under section 5123.18 of	54359
the Revised Code unless section 5123.192 of the Revised Code makes	54360
the facility subject to the requirements of this chapter;	54361

(viii) A facility operated by a hospice care program licensed	54362
under section 3712.04 of the Revised Code that is used exclusively	54363
for care of hospice patients;	54364

(ix) A facility, infirmary, or other entity that is operated	54365
by a religious order, provides care exclusively to members of	54366
religious orders who take vows of celibacy and live by virtue of	54367
their vows within the orders as if related, and does not	54368
participate in the medicare program established under Title XVIII	54369
of the "Social Security Act" or the medical assistance program	54370
established under Chapter 5111. of the Revised Code and Title XIX	54371
of the "Social Security Act," if on January 1, 1994, the facility,	54372
infirmary, or entity was providing care exclusively to members of	54373
the religious order;	54374

(x) A county home or district home that has never been	54375
licensed as a residential care facility.	54376

(2) "Unrelated individual" means one who is not related to	54377
the owner or operator of a home or to the spouse of the owner or	54378
operator as a parent, grandparent, child, grandchild, brother,	54379
sister, niece, nephew, aunt, uncle, or as the child of an aunt or	54380
uncle.	54381

(3) "Mental impairment" does not mean mental illness as	54382
defined in section 5122.01 of the Revised Code or mental	54383
retardation as defined in section 5123.01 of the Revised Code.	54384

(4) "Skilled nursing care" means procedures that require	54385
technical skills and knowledge beyond those the untrained person	54386
possesses and that are commonly employed in providing for the	54387
physical, mental, and emotional needs of the ill or otherwise	54388
incapacitated. "Skilled nursing care" includes, but is not limited	54389
to, the following:	54390

(a) Irrigations, catheterizations, application of dressings,	54391
and supervision of special diets;	54392

(b) Objective observation of changes in the patient's	54393
condition as a means of analyzing and determining the nursing care	54394
required and the need for further medical diagnosis and treatment;	54395

54396

(d) Administration of medication by any method ordered by a	54397
physician, such as hypodermically, rectally, or orally, including	54398
observation of the patient after receipt of the medication;	54399

(e) Carrying out other treatments prescribed by the physician	54400
that involve a similar level of complexity and skill in	54401
administration.	54402

(5)(a) "Personal care services" means services including, but	54403
not limited to, the following:	54404

(i) Assisting residents with activities of daily living;

54405

(ii) Assisting residents with self-administration of	54406
medication, in accordance with rules adopted under section 3721.04	54407
of the Revised Code;	54408

(iii) Preparing special diets, other than complex therapeutic	54409
diets, for residents pursuant to the instructions of a physician	54410
or a licensed dietitian, in accordance with rules adopted under	54411
section 3721.04 of the Revised Code.	54412

(b) "Personal care services" does not include "skilled	54413
nursing care" as defined in division (A)(4) of this section. A	54414
facility need not provide more than one of the services listed in	54415
division (A)(5)(a) of this section to be considered to be	54416
providing personal care services.	54417

(6) "Nursing home" means a home used for the reception and	54418
care of individuals who by reason of illness or physical or mental	54419
impairment require skilled nursing care and of individuals who	54420
require personal care services but not skilled nursing care. A	54421
nursing home is licensed to provide personal care services and	54422
skilled nursing care.	54423

(7) "Residential care facility" means a home that provides	54424
either of the following:	54425

(a) Accommodations for seventeen or more unrelated	54426
individuals and supervision and personal care services for three	54427
or more of those individuals who are dependent on the services of	54428
others by reason of age or physical or mental impairment;	54429

(b) Accommodations for three or more unrelated individuals,	54430
supervision and personal care services for at least three of those	54431
individuals who are dependent on the services of others by reason	54432
of age or physical or mental impairment, and, to at least one of	54433
those individuals, any of the skilled nursing care authorized by	54434
section 3721.011 of the Revised Code.	54435

(8) "Home for the aging" means a home that provides services	54436
as a residential care facility and a nursing home, except that the	54437
home provides its services only to individuals who are dependent	54438
on the services of others by reason of both age and physical or	54439
mental impairment.	54440

The part or unit of a home for the aging that provides	54441
services only as a residential care facility is licensed as a	54442
residential care facility. The part or unit that may provide	54443
skilled nursing care beyond the extent authorized by section	54444
3721.011 of the Revised Code is licensed as a nursing home.	54445

(9) "County home" and "district home" mean a county home or	54446
district home operated under Chapter 5155. of the Revised Code.	54447

(B) The public health council may further classify homes. For	54448
the purposes of this chapter, any residence, institution, hotel,	54449
congregate housing project, or similar facility that meets the	54450
definition of a home under this section is such a home regardless	54451
of how the facility holds itself out to the public.	54452

(C) For purposes of this chapter, personal care services or	54453
skilled nursing care shall be considered to be provided by a	54454
facility if they are provided by a person employed by or	54455
associated with the facility or by another person pursuant to an	54456
agreement to which neither the resident who receives the services	54457
nor the resident's sponsor is a party.	54458

(D) Nothing in division (A)(4) of this section shall be	54459
construed to permit skilled nursing care to be imposed on an	54460
individual who does not require skilled nursing care.	54461

Nothing in division (A)(5) of this section shall be construed	54462
to permit personal care services to be imposed on an individual	54463
who is capable of performing the activity in question without	54464
assistance.	54465

(E) Division (A)(1)(c)(ix) of this section does not prohibit	54466
a facility, infirmary, or other entity described in that division	54467
from seeking licensure under sections 3721.01 to 3721.09 of the	54468
Revised Code or certification under Title XVIII or XIX of the	54469
"Social Security Act." However, such a facility, infirmary, or	54470
entity that applies for licensure or certification must meet the	54471
requirements of those sections or titles and the rules adopted	54472
under them and obtain a certificate of need from the director of	54473
health under section 3702.52 of the Revised Code.	54474

(F) Nothing in this chapter, or rules adopted pursuant to it,	54475
shall be construed as authorizing the supervision, regulation, or	54476
control of the spiritual care or treatment of residents or	54477
patients in any home who rely upon treatment by prayer or	54478
spiritual means in accordance with the creed or tenets of any	54479
recognized church or religious denomination.	54480

Sec. 3721.02. (A) The director of health shall license homes	54481
and establish procedures to be followed in inspecting and	54482
licensing homes. The director may inspect a home at any time. Each	54483
home shall be inspected by the director at least once prior to the	54484
issuance of a license and at least once every fifteen months	54485
thereafter. The state fire marshal or a township, municipal, or	54486
other legally constituted fire department approved by the marshal	54487
shall also inspect a home prior to issuance of a license, at least	54488
once every fifteen months thereafter, and at any other time	54489
requested by the director. A home does not have to be inspected	54490
prior to issuance of a license by the director, state fire	54491
marshal, or a fire department if ownership of the home is assigned	54492
or transferred to a different person and the home was licensed	54493
under this chapter immediately prior to the assignment or	54494
transfer. The director may enter at any time, for the purposes of	54495
investigation, any institution, residence, facility, or other	54496
structure that has been reported to the director or that the	54497
director has reasonable cause to believe is operating as a nursing	54498
home, residential care facility, or home for the aging without a	54499
valid license required by section 3721.05 of the Revised Code or,	54500
in the case of a county home or district home, is operating	54501
despite the revocation of its residential care facility license.	54502
The director may delegate the director's authority and duties	54503
under this chapter to any division, bureau, agency, or official of	54504
the department of health.	54505

(B) A single facility may be licensed both as a nursing home	54506
pursuant to this chapter and as an adult care facility pursuant to	54507
Chapter ~~3722.~~5119. of the Revised Code if the director determines	54508
that the part or unit to be licensed as a nursing home can be	54509
maintained separate and discrete from the part or unit to be	54510
licensed as an adult care facility.	54511

(C) In determining the number of residents in a home for the	54512
purpose of licensing, the director shall consider all the	54513
individuals for whom the home provides accommodations as one group	54514
unless one of the following is the case:	54515

(1) The home is a home for the aging, in which case all the	54516
individuals in the part or unit licensed as a nursing home shall	54517
be considered as one group, and all the individuals in the part or	54518
unit licensed as a rest home shall be considered as another group.	54519

(2) The home is both a nursing home and an adult care	54520
facility. In that case, all the individuals in the part or unit	54521
licensed as a nursing home shall be considered as one group, and	54522
all the individuals in the part or unit licensed as an adult care	54523
facility shall be considered as another group.	54524

(3) The home maintains, in addition to a nursing home or	54525
residential care facility, a separate and discrete part or unit	54526
that provides accommodations to individuals who do not require or	54527
receive skilled nursing care and do not receive personal care	54528
services from the home, in which case the individuals in the	54529
separate and discrete part or unit shall not be considered in	54530
determining the number of residents in the home if the separate	54531
and discrete part or unit is in compliance with the Ohio basic	54532
building code established by the board of building standards under	54533
Chapters 3781. and 3791. of the Revised Code and the home permits	54534
the director, on request, to inspect the separate and discrete	54535
part or unit and speak with the individuals residing there, if	54536
they consent, to determine whether the separate and discrete part	54537
or unit meets the requirements of this division.	54538

(D)(1) The director of health shall charge the following	54539
application fee and annual renewal licensing and inspection fee	54540
for each fifty persons or part thereof of a home's licensed	54541
capacity:	54542

(a) For state fiscal year 2010, two hundred twenty dollars;

54543

(b) For state fiscal year 2011, two hundred seventy dollars;

54544

(c) For each state fiscal year thereafter, three hundred	54545
twenty dollars.	54546

(2) All fees collected by the director for the issuance or	54547
renewal of licenses shall be deposited into the state treasury to	54548
the credit of the general operations fund created in section	54549
3701.83 of the Revised Code for use only in administering and	54550
enforcing this chapter and rules adopted under it.	54551

(E)(1) Except as otherwise provided in this section, the	54552
results of an inspection or investigation of a home that is	54553
conducted under this section, including any statement of	54554
deficiencies and all findings and deficiencies cited in the	54555
statement on the basis of the inspection or investigation, shall	54556
be used solely to determine the home's compliance with this	54557
chapter or another chapter of the Revised Code in any action or	54558
proceeding other than an action commenced under division (I) of	54559
section 3721.17 of the Revised Code. Those results of an	54560
inspection or investigation, that statement of deficiencies, and	54561
the findings and deficiencies cited in that statement shall not be	54562
used in any court or in any action or proceeding that is pending	54563
in any court and are not admissible in evidence in any action or	54564
proceeding unless that action or proceeding is an appeal of an	54565
action by the department of health under this chapter or is an	54566
action by any department or agency of the state to enforce this	54567
chapter or another chapter of the Revised Code.	54568

(2) Nothing in division (E)(1) of this section prohibits the	54569
results of an inspection or investigation conducted under this	54570
section from being used in a criminal investigation or	54571
prosecution.	54572

Sec. 3721.16. For each resident of a home, notice of a	54573
proposed transfer or discharge shall be in accordance with this	54574
section.	54575

(A)(1) The administrator of a home shall notify a resident in	54576
writing, and the resident's sponsor in writing by certified mail,	54577
return receipt requested, in advance of any proposed transfer or	54578
discharge from the home. The administrator shall send a copy of	54579
the notice to the state department of health. The notice shall be	54580
provided at least thirty days in advance of the proposed transfer	54581
or discharge, unless any of the following applies:	54582

(a) The resident's health has improved sufficiently to allow	54583
a more immediate discharge or transfer to a less skilled level of	54584
care;	54585

(b) The resident has resided in the home less than thirty	54586
days;	54587

(c) An emergency arises in which the safety of individuals in	54588
the home is endangered;	54589

(d) An emergency arises in which the health of individuals in	54590
the home would otherwise be endangered;	54591

(e) An emergency arises in which the resident's urgent	54592
medical needs necessitate a more immediate transfer or discharge.	54593

In any of the circumstances described in divisions (A)(1)(a)	54594
to (e) of this section, the notice shall be provided as many days	54595
in advance of the proposed transfer or discharge as is	54596
practicable.	54597

(2) The notice required under division (A)(1) of this section	54598
shall include all of the following:	54599

(a) The reasons for the proposed transfer or discharge;

54600

(b) The proposed date the resident is to be transferred or	54601
discharged;	54602

(c) The proposed location to which the resident is to be	54603
transferred or discharged;	54604

(d) Notice of the right of the resident and the resident's	54605
sponsor to an impartial hearing at the home on the proposed	54606
transfer or discharge, and of the manner in which and the time	54607
within which the resident or sponsor may request a hearing	54608
pursuant to section 3721.161 of the Revised Code;	54609

(e) A statement that the resident will not be transferred or	54610
discharged before the date specified in the notice unless the home	54611
and the resident or, if the resident is not competent to make a	54612
decision, the home and the resident's sponsor, agree to an earlier	54613
date;	54614

(f) The address of the legal services office of the	54615
department of health;	54616

(g) The name, address, and telephone number of a	54617
representative of the state long-term care ombudsperson program	54618
and, if the resident or patient has a developmental disability or	54619
mental illness, the name, address, and telephone number of the	54620
Ohio ~~legal rights service~~protection and advocacy system.	54621

(B) No home shall transfer or discharge a resident before the	54622
date specified in the notice required by division (A) of this	54623
section unless the home and the resident or, if the resident is	54624
not competent to make a decision, the home and the resident's	54625
sponsor, agree to an earlier date.	54626

(C) Transfer or discharge actions shall be documented in the	54627
resident's medical record by the home if there is a medical basis	54628
for the action.	54629

(D) A resident or resident's sponsor may challenge a transfer	54630
or discharge by requesting an impartial hearing pursuant to	54631
section 3721.161 of the Revised Code, unless the transfer or	54632
discharge is required because of one of the following reasons:	54633

(1) The home's license has been revoked under this chapter;

54634

(2) The home is being closed pursuant to section 3721.08,	54635
sections 5111.35 to 5111.62, or section 5155.31 of the Revised	54636
Code;	54637

(3) The resident is a recipient of medicaid and the home's	54638
participation in the medicaid program has been involuntarily	54639
terminated or denied by the federal government;	54640

(4) The resident is a beneficiary under the medicare program	54641
and the home's certification under the medicare program has been	54642
involuntarily terminated or denied by the federal government.	54643

(E) If a resident is transferred or discharged pursuant to	54644
this section, the home from which the resident is being	54645
transferred or discharged shall provide the resident with adequate	54646
preparation prior to the transfer or discharge to ensure a safe	54647
and orderly transfer or discharge from the home, and the home or	54648
alternative setting to which the resident is to be transferred or	54649
discharged shall have accepted the resident for transfer or	54650
discharge.	54651

(F) At the time of a transfer or discharge of a resident who	54652
is a recipient of medicaid from a home to a hospital or for	54653
therapeutic leave, the home shall provide notice in writing to the	54654
resident and in writing by certified mail, return receipt	54655
requested, to the resident's sponsor, specifying the number of	54656
days, if any, during which the resident will be permitted under	54657
the medicaid program to return and resume residence in the home	54658
and specifying the medicaid program's coverage of the days during	54659
which the resident is absent from the home. An individual who is	54660
absent from a home for more than the number of days specified in	54661
the notice and continues to require the services provided by the	54662
facility shall be given priority for the first available bed in a	54663
semi-private room.	54664

Sec. 3721.50. As used in sections 3721.50 to 3721.58 of the	54665
Revised Code:	54666

(A) "Franchise permit fee rate" means the ~~amount determined~~	54667
~~as follows~~following:	54668

(1) ~~Determine the difference between the following:~~

54669

~~(a) The total net patient revenue, less medicaid per diem~~	54670
~~payments, of all nursing homes and hospital long-term care units~~	54671
~~as shown on cost reports filed under section 5111.26 of the~~	54672
~~Revised Code for the calendar year immediately preceding the~~	54673
~~fiscal year for which the franchise permit fee is assessed under~~	54674
~~section 3721.51 of the Revised Code~~For fiscal year 2012, eleven	54675
dollars and thirty-eight cents;	54676

~~(b) The total net patient revenue, less medicaid per diem~~	54677
~~payments, of all nursing homes and hospital long-term care units~~	54678
~~as shown on cost reports filed under section 5111.26 of the~~	54679
~~Revised Code for the calendar year immediately preceding the~~	54680
~~calendar year that immediately precedes the fiscal year for which~~	54681
~~the franchise permit fee is assessed under section 3721.51 of the~~	54682
~~Revised Code.~~	54683

(2) ~~Multiply the amount determined under division (A)(1) of~~	54684
~~this section by five and five-tenths per cent;~~	54685

~~(3) Divide the amount determined under division (A)(2) of~~	54686
~~this section by the total number of days in the fiscal year for~~	54687
~~which the franchise permit fee is assessed under section 3721.51~~	54688
~~of the Revised Code;~~	54689

~~(4) Subtract eleven dollars and ninety-five cents from the~~	54690
~~amount determined under division (A)(3) of this section;~~	54691

~~(5) Add eleven dollars and ninety-five cents to the amount~~	54692
~~determined under division (A)(4) of this section~~For fiscal year	54693
2013 and each fiscal year thereafter, eleven dollars and sixty	54694
cents.	54695

(B) "Hospital" has the same meaning as in section 3727.01 of	54696
the Revised Code.	54697

(C) "Hospital long-term care unit" means any distinct part of	54698
a hospital in which any of the following beds are located:	54699

(1) Beds registered pursuant to section 3701.07 of the	54700
Revised Code as skilled nursing facility beds or long-term care	54701
beds;	54702

(2) Beds licensed as nursing home beds under section 3721.02	54703
or 3721.09 of the Revised Code.	54704

(D) "Indirect guarantee percentage" means the percentage	54705
specified in section 1903(w)(4)(C)(ii) of the "Social Security	54706
Act," 120 Stat. 2994 (2006), 42 U.S.C. 1396b(w)(4)(C)(ii) that is	54707
to be used in determining whether a class of providers is	54708
indirectly held harmless for any portion of the costs of a	54709
broad-based health-care-related tax. If the indirect guarantee	54710
percentage changes during a fiscal year, the indirect guarantee	54711
percentage is the following:	54712

(1) For the part of the fiscal year before the change takes	54713
effect, the percentage in effect before the change;	54714

(2) For the part of the fiscal year beginning with the date	54715
the indirect guarantee percentage changes, the new percentage.	54716

(E) "Inpatient days" means all days during which a resident	54717
of a nursing facility, regardless of payment source, occupies a	54718
bed in the nursing facility that is included in the facility's	54719
certified capacity under Title XIX. Therapeutic or hospital leave	54720
days for which payment is made under section 5111.26 of the	54721
Revised Code are considered inpatient days proportionate to the	54722
percentage of the facility's per resident per day rate paid for	54723
those days.	54724

~~(E)~~(F) "Medicaid" has the same meaning as in section 5111.01	54725
of the Revised Code.	54726

~~(F)~~(G) "Medicaid day" means all days during which a resident	54727
who is a medicaid recipient occupies a bed in a nursing facility	54728
that is included in the facility's certified capacity under Title	54729
XIX. Therapeutic or hospital leave days for which payment is made	54730
under section 5111.26 of the Revised Code are considered medicaid	54731
days proportionate to the percentage of the nursing facility's per	54732
resident per day rate for those days.	54733

~~(G)~~(H) "Medicare" means the program established by Title	54734
XVIII.	54735

~~(H)~~(I) "Nursing facility" has the same meaning as in section	54736
5111.20 of the Revised Code.	54737

~~(I)~~(J)(1) "Nursing home" means all of the following:

54738

(a) A nursing home licensed under section 3721.02 or 3721.09	54739
of the Revised Code, including any part of a home for the aging	54740
licensed as a nursing home;	54741

(b) A facility or part of a facility, other than a hospital,	54742
that is certified as a skilled nursing facility under Title XVIII;	54743

(c) A nursing facility, other than a portion of a hospital	54744
certified as a nursing facility.	54745

(2) "Nursing home" does not include any of the following:

54746

(a) A county home, county nursing home, or district home	54747
operated pursuant to Chapter 5155. of the Revised Code;	54748

(b) A nursing home maintained and operated by the department	54749
of veterans services under section 5907.01 of the Revised Code;	54750

(c) A nursing home or part of a nursing home licensed under	54751
section 3721.02 or 3721.09 of the Revised Code that is certified	54752
as an intermediate care facility for the mentally retarded under	54753
Title XIX.	54754

~~(J)~~(K) "Title XIX" means Title XIX of the "Social Security	54755
Act," 79 Stat. 286 (1965), 42 U.S.C. 1396, as amended.	54756

~~(K)~~(L) "Title XVIII" means Title XVIII of the "Social	54757
Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1395, as amended.	54758

Sec. 3721.51. The department of job and family services	54759
shall do all of the following:	54760

(A) Subject to sections 3721.512 and 3721.513 of the Revised	54761
Code and divisions (C) and (D) of this section and for the	54762
purposes specified in ~~sections~~section 3721.56 ~~and 3721.561~~ of the	54763
Revised Code, determine an annual franchise permit fee on each	54764
nursing home in an amount equal to the franchise permit fee rate	54765
multiplied by the product of the following:	54766

(1) The number of beds licensed as nursing home beds, plus	54767
any other beds certified as skilled nursing facility beds under	54768
Title XVIII or nursing facility beds under Title XIX on the first	54769
day of May of the calendar year in which the fee is determined	54770
pursuant to division (A) of section 3721.53 of the Revised Code;	54771

(2) The number of days in the fiscal year beginning on the	54772
first day of July of the calendar year in which the fee is	54773
determined pursuant to division (A) of section 3721.53 of the	54774
Revised Code.	54775

(B) Subject to sections 3721.512 and 3721.513 of the Revised	54776
Code and divisions (C) and (D) of this section and for the	54777
purposes specified in ~~sections~~section 3721.56 ~~and 3721.561~~ of the	54778
Revised Code, determine an annual franchise permit fee on each	54779
hospital in an amount equal to the franchise permit fee rate	54780
multiplied by the product of the following:	54781

(1) The number of beds registered pursuant to section 3701.07	54782
of the Revised Code as skilled nursing facility beds or long-term	54783
care beds, plus any other beds licensed as nursing home beds under	54784
section 3721.02 or 3721.09 of the Revised Code, on the first day	54785
of May of the calendar year in which the fee is determined	54786
pursuant to division (A) of section 3721.53 of the Revised Code;	54787

(2) The number of days in the fiscal year beginning on the	54788
first day of July of the calendar year in which the fee is	54789
determined pursuant to division (A) of section 3721.53 of the	54790
Revised Code.	54791

(C) If the total amount of the franchise permit fee assessed	54792
under divisions (A) and (B) of this section for a fiscal year	54793
exceeds ~~five and one-half per cent~~the indirect guarantee	54794
percentage of the actual net patient revenue for all nursing homes	54795
and hospital long-term care units for that fiscal year, do both of	54796
the following:	54797

(1) Recalculate the assessments under divisions (A) and (B)	54798
of this section using a per bed per day rate equal to ~~five and~~	54799
~~one-half per cent~~the indirect guarantee percentage of actual net	54800
patient revenue for all nursing homes and hospital long-term care	54801
units for that fiscal year;	54802

(2) Refund the difference between the amount of the franchise	54803
permit fee assessed for that fiscal year under divisions (A) and	54804
(B) of this section and the amount recalculated under division	54805
(C)(1) of this section as a credit against the assessments imposed	54806
under divisions (A) and (B) of this section for the subsequent	54807
fiscal year.	54808

(D) If the United States centers for medicare and medicaid	54809
services determines that the franchise permit fee established by	54810
sections 3721.50 to 3721.58 of the Revised Code is an	54811
impermissible health care-related tax under section 1903(w) of the	54812
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 1396b(w), as	54813
amended, take all necessary actions to cease implementation of	54814
sections 3721.50 to 3721.58 of the Revised Code in accordance with	54815
rules adopted under section 3721.58 of the Revised Code.	54816

~~Sec. 3721.561.~~ Sec. 3721.56. (A) There is hereby created in the	54817
state treasury the nursing ~~facility stabilization~~home franchise	54818
permit fee fund. All payments and penalties paid by nursing homes	54819
and hospitals under sections 3721.53 and 3721.54 of the Revised	54820
Code ~~that are not deposited into the home and community-based~~	54821
~~services for the aged fund~~ shall be deposited into the fund. The	54822
fund shall also consist of money deposited into it pursuant to	54823
sections 3769.08 and 3769.26 of the Revised Code. Subject to	54824
division (B) of section 3769.08 of the Revised Code, the	54825
department of job and family services shall use the money in the	54826
fund to make medicaid payments to providers of nursing ~~facilities~~	54827
facility services and providers of home and community-based	54828
services. Money in the fund may also be used for the residential	54829
state supplement program established under section 5119.69 of the	54830
Revised Code.	54831

(B) Any money remaining in the nursing ~~facility stabilization~~	54832
home franchise permit fee fund after payments specified in	54833
division (A) of this section are made shall be retained in the	54834
fund. Any interest or other investment proceeds earned on money in	54835
the fund shall be credited to the fund and used to make medicaid	54836
payments in accordance with division (A) of this section.	54837

Sec. 3721.58. The director of job and family services shall	54838
adopt rules in accordance with Chapter 119. of the Revised Code to	54839
do ~~all~~both of the following:	54840

(A) Prescribe the actions the department of job and family	54841
services will take to cease implementation of sections 3721.50	54842
through 3721.57 of the Revised Code if the United States centers	54843
for medicare and medicaid services determines that the franchise	54844
permit fee established by those sections is an impermissible	54845
health-care related tax under section 1903(w) of the "Social	54846
Security Act," 49 Stat. 620 (1935), 42 U.S.C. 1396b(w), as	54847
amended;	54848

(B) ~~Establish the method of distributing moneys in the home~~	54849
~~and community-based services for the aged fund created under~~	54850
~~section 3721.56 of the Revised Code;~~	54851

~~(C)~~ Establish any requirements or procedures the director	54852
considers necessary to implement sections 3721.50 to 3721.58 of	54853
the Revised Code.	54854

Sec. 3729.01. As used in this chapter:

54855

(A) "Camp operator" means the operator of a recreational	54856
vehicle park, recreation camp, combined park-camp, or temporary	54857
park-camp.	54858

(B) "Campsite user" means a person who enters into a campsite	54859
use agreement with a camp operator for the use of a campsite at a	54860
recreational vehicle park, recreation camp, combined park-camp, or	54861
temporary park-camp.	54862

(C) "Combined park-camp" means any tract of land upon which a	54863
combination of five or more self-contained recreational vehicles	54864
or portable camping units are placed and includes any roadway,	54865
building, structure, vehicle, or enclosure used or intended for	54866
use as part of the park facilities. A tract of land that is	54867
subdivided for lease or other contract of the individual lots is a	54868
combined park-camp if a combination of five or more recreational	54869
vehicles or portable camping units are placed on it for	54870
recreation, vacation, or business purposes.	54871

"Combined park-camp" does not include any tract of land used	54872
solely as a temporary park-camp or solely as a manufactured home	54873
park.	54874

(D) "Dependent recreational vehicle" means a recreational	54875
vehicle other than a self-contained recreational vehicle.	54876
"Dependent recreational vehicle" includes a park model.	54877

(E) "Development" means any artificial change to improved or	54878
unimproved real estate, including, without limitation, buildings	54879
or structures, dredging, filling, grading, paving, excavation or	54880
drilling operations, or storage of equipment or materials, and the	54881
construction, expansion, or substantial alteration of a	54882
recreational vehicle park, recreation camp, or combined park-camp,	54883
for which plan review is required under division (A) of section	54884
3729.03 of the Revised Code. "Development" does not include the	54885
building, construction, erection, or manufacture of any building	54886
to which section 3781.06 of the Revised Code is applicable.	54887

(F) "Director of health" means the director of health or the	54888
director's authorized representative.	54889

(G) "Flood" or "flooding" means either of the following:

54890

(1) A general and temporary condition of partial or complete	54891
inundation of normally dry land areas from any of the following:	54892

(a) The overflow of inland or tidal waters;

54893

(b) The unusual and rapid accumulation or runoff of surface	54894
waters from any source;	54895

(c) Mudslides that are proximately caused by flooding as	54896
defined in division (G)(1)(b) of this section and that are akin to	54897
a river of liquid and flowing mud on the surface of normally dry	54898
land areas, as when earth is carried by a current of water and	54899
deposited along the path of the current.	54900

(2) The collapse or subsidence of land along the shore of a	54901
lake or other body of water as a result of erosion or undermining	54902
that is caused by waves or currents of water exceeding anticipated	54903
cyclical levels or that is suddenly caused by an unusually high	54904
water level in a natural body of water, and that is accompanied by	54905
a severe storm, by an unanticipated force of nature, such as a	54906
flash flood, by an abnormal tidal surge, or by some similarly	54907
unusual and unforeseeable event, that results in flooding as	54908
defined in division (G)(1)(a) of this section.	54909

(H) "Flood plain" means the area adjoining any river, stream,	54910
watercourse, or lake that has been or may be covered by flood	54911
water.	54912

(I) "Licensor" means either the board of health of a city or	54913
general health district, or the authority having the duties of a	54914
board of health in any city as authorized by section 3709.05 of	54915
the Revised Code, or the director of health, when required under	54916
division (B) of section 3729.06 of the Revised Code. "Licensor"	54917
also means an authorized representative of any of those entities	54918
or of the director.	54919

(J) "Manufactured home park" has the same meaning as in	54920
section ~~3733.01~~4781.01 of the Revised Code.	54921

(K) "One-hundred-year flood" means a flood having a one per	54922
cent chance of being equaled or exceeded in any given year.	54923

(L) "One-hundred-year flood plain" means that portion of a	54924
flood plain inundated by a one-hundred-year flood.	54925

(M) "Operator" means the person who has responsible charge of	54926
a recreational vehicle park, recreation camp, combined park-camp,	54927
or temporary park-camp and who is licensed under this chapter.	54928

(N) "Park model" means a recreational vehicle that meets the	54929
American national standard institute standard A119.5(1988) for	54930
park trailers, is built on a single chassis, has a gross trailer	54931
area of not more than four hundred square feet when set up, is	54932
designed for seasonal or temporary living quarters, and may be	54933
connected to utilities necessary for operation of installed	54934
features and appliances.	54935

(O) "Person" has the same meaning as in section 1.59 of the	54936
Revised Code and also includes this state, any political	54937
subdivision of this state, and any other state or local body of	54938
this state.	54939

(P) "Portable camping units" means dependent recreational	54940
vehicles, tents, portable sleeping equipment, and similar camping	54941
equipment used for travel, recreation, vacation, or business	54942
purposes.	54943

(Q) "Recreation camp" means any tract of land upon which five	54944
or more portable camping units are placed and includes any	54945
roadway, building, structure, vehicle, or enclosure used or	54946
intended for use as a part of the facilities of the camp. A tract	54947
of land that is subdivided for lease or other contract of the	54948
individual lots is a recreation camp if five or more portable	54949
camping units are placed on it for recreation, vacation, or	54950
business purposes.	54951

"Recreation camp" does not include any tract of land used	54952
solely for the storage or display for sale of dependent	54953
recreational vehicles, solely as a temporary park-camp, or solely	54954
as a manufactured home park.	54955

(R) "Recreational vehicle" has the same meaning as in section	54956
4501.01 of the Revised Code.	54957

(S) "Recreational vehicle park" means any tract of land used	54958
for parking five or more self-contained recreational vehicles and	54959
includes any roadway, building, structure, vehicle, or enclosure	54960
used or intended for use as part of the park facilities and any	54961
tract of land that is subdivided for lease or other contract of	54962
the individual lots for the express or implied purpose of placing	54963
self-contained recreational vehicles for recreation, vacation, or	54964
business purposes.	54965

"Recreational vehicle park" does not include any tract of	54966
land used solely for the storage or display for sale of	54967
self-contained recreational vehicles, solely as a temporary	54968
park-camp, or solely as a manufactured home park.	54969

(T) "Self-contained recreational vehicle" means a	54970
recreational vehicle that can operate independent of connections	54971
to sewer and water and has plumbing fixtures or appliances all of	54972
which are connected to sewage holding tanks located within the	54973
vehicle. "Self-contained recreational vehicle" includes a park	54974
model.	54975

(U) "Substantially alter" means a change in the layout or	54976
design of a recreational vehicle park, recreation camp, combined	54977
park-camp, or temporary park-camp, including, without limitation,	54978
the movement of utilities or changes in established streets, lots,	54979
or sites or in other facilities.	54980

(V) "Temporary park-camp" means any tract of land used for a	54981
period not to exceed a total of twenty-one days per calendar year	54982
for the purpose of parking five or more recreational vehicles,	54983
dependent recreational vehicles, or portable camping units, or any	54984
combination thereof, for one or more periods of time that do not	54985
exceed seven consecutive days or parts thereof.	54986

(W) "Tract" means a contiguous area of land that consists of	54987
one or more parcels, lots, or sites that have been separately	54988
surveyed regardless of whether the individual parcels, lots, or	54989
sites have been recorded and regardless of whether the one or more	54990
parcels, lots, or sites are under common or different ownership.	54991

Sec. 3733.41. As used in sections 3733.41 to 3733.49 of the	54992
Revised Code:	54993

(A) "Agricultural labor camp" means one or more buildings or	54994
structures, trailers, tents, or vehicles, together with any land	54995
appertaining thereto, established, operated, or used as temporary	54996
living quarters for two or more families or five or more persons	54997
intending to engage in or engaged in agriculture or related food	54998
processing, whether occupancy is by rent, lease, or mutual	54999
agreement. "Agricultural labor camp" does not include a hotel or	55000
motel, or a ~~trailer~~manufactured home park ~~as defined and~~	55001
regulated pursuant to sections ~~3733.01~~4781.26 to ~~3733.08~~4781.52	55002
of the Revised Code, and rules adopted thereunder.	55003

(B) "Board of health" means the board of health of a city or	55004
general health district or the authority having the duties of a	55005
board of health in any city as authorized by section 3709.05 of	55006
the Revised Code or an authorized representative of the board of	55007
health.	55008

(C) "Director" means the director of the department of health	55009
or ~~his~~the director's authorized representative.	55010

(D) "Licensor" means the director of health.

55011

(E) "Person" means the state, any political subdivision,	55012
public or private corporation, partnership, association, trust,	55013
individual, or other entity.	55014

(F) "Public health council" means the public health council	55015
as created by section 3701.33 of the Revised Code.	55016

Sec. 3733.99. (A) ~~Whoever violates division (A) of section~~	55017
~~3733.08 of the Revised Code is guilty of a misdemeanor of the~~	55018
~~fourth degree.~~	55019

~~(B)~~ Whoever violates section 3733.30 of the Revised Code is	55020
guilty of a minor misdemeanor. Each day that such violation	55021
continues is a separate offense.	55022

~~(C)~~(B) Whoever violates section 3733.48 of the Revised Code	55023
is guilty of a minor misdemeanor.	55024

Sec. 3734.02. (A) The director of environmental protection,	55025
in accordance with Chapter 119. of the Revised Code, shall adopt	55026
and may amend, suspend, or rescind rules having uniform	55027
application throughout the state governing solid waste facilities	55028
and the inspections of and issuance of permits and licenses for	55029
all solid waste facilities in order to ensure that the facilities	55030
will be located, maintained, and operated, and will undergo	55031
closure and post-closure care, in a sanitary manner so as not to	55032
create a nuisance, cause or contribute to water pollution, create	55033
a health hazard, or violate 40 C.F.R. 257.3-2 or 40 C.F.R.	55034
257.3-8, as amended. The rules may include, without limitation,	55035
financial assurance requirements for closure and post-closure care	55036
and corrective action and requirements for taking corrective	55037
action in the event of the surface or subsurface discharge or	55038
migration of explosive gases or leachate from a solid waste	55039
facility, or of ground water contamination resulting from the	55040
transfer or disposal of solid wastes at a facility, beyond the	55041
boundaries of any area within a facility that is operating or is	55042
undergoing closure or post-closure care where solid wastes were	55043
disposed of or are being disposed of. The rules shall not concern	55044
or relate to personnel policies, salaries, wages, fringe benefits,	55045
or other conditions of employment of employees of persons owning	55046
or operating solid waste facilities. The director, in accordance	55047
with Chapter 119. of the Revised Code, shall adopt and may amend,	55048
suspend, or rescind rules governing the issuance, modification,	55049
revocation, suspension, or denial of variances from the director's	55050
solid waste rules, including, without limitation, rules adopted	55051
under this chapter governing the management of scrap tires.	55052

Variances shall be issued, modified, revoked, suspended, or	55053
rescinded in accordance with this division, rules adopted under	55054
it, and Chapter 3745. of the Revised Code. The director may order	55055
the person to whom a variance is issued to take such action within	55056
such time as the director may determine to be appropriate and	55057
reasonable to prevent the creation of a nuisance or a hazard to	55058
the public health or safety or the environment. Applications for	55059
variances shall contain such detail plans, specifications, and	55060
information regarding objectives, procedures, controls, and other	55061
pertinent data as the director may require. The director shall	55062
grant a variance only if the applicant demonstrates to the	55063
director's satisfaction that construction and operation of the	55064
solid waste facility in the manner allowed by the variance and any	55065
terms or conditions imposed as part of the variance will not	55066
create a nuisance or a hazard to the public health or safety or	55067
the environment. In granting any variance, the director shall	55068
state the specific provision or provisions whose terms are to be	55069
varied and also shall state specific terms or conditions imposed	55070
upon the applicant in place of the provision or provisions. The	55071
director may hold a public hearing on an application for a	55072
variance or renewal of a variance at a location in the county	55073
where the operations that are the subject of the application for	55074
the variance are conducted. The director shall give not less than	55075
twenty days' notice of the hearing to the applicant by certified	55076
mail and shall publish at least one notice of the hearing in a	55077
newspaper with general circulation in the county where the hearing	55078
is to be held. The director shall make available for public	55079
inspection at the principal office of the environmental protection	55080
agency a current list of pending applications for variances and a	55081
current schedule of pending variance hearings. The director shall	55082
make a complete stenographic record of testimony and other	55083
evidence submitted at the hearing. Within ten days after the	55084
hearing, the director shall make a written determination to issue,	55085
renew, or deny the variance and shall enter the determination and	55086
the basis for it into the record of the hearing. The director	55087
shall issue, renew, or deny an application for a variance or	55088
renewal of a variance within six months of the date upon which the	55089
director receives a complete application with all pertinent	55090
information and data required. No variance shall be issued,	55091
revoked, modified, or denied until the director has considered the	55092
relative interests of the applicant, other persons and property	55093
affected by the variance, and the general public. Any variance	55094
granted under this division shall be for a period specified by the	55095
director and may be renewed from time to time on such terms and	55096
for such periods as the director determines to be appropriate. No	55097
application shall be denied and no variance shall be revoked or	55098
modified without a written order stating the findings upon which	55099
the denial, revocation, or modification is based. A copy of the	55100
order shall be sent to the applicant or variance holder by	55101
certified mail.	55102

(B) The director shall prescribe and furnish the forms	55103
necessary to administer and enforce this chapter. The director may	55104
cooperate with and enter into agreements with other state, local,	55105
or federal agencies to carry out the purposes of this chapter. The	55106
director may exercise all incidental powers necessary to carry out	55107
the purposes of this chapter.	55108

The director may use moneys in the infectious waste	55109
management fund created in section 3734.021 of the Revised Code	55110
exclusively for administering and enforcing the provisions of this	55111
chapter governing the management of infectious wastes. Of each	55112
registration and renewal fee collected under rules adopted under	55113
division (A)(2)(a) of section 3734.021 or under section 3734.022	55114
of the Revised Code, the director, within forty-five days of its	55115
receipt, shall remit from the fund one-half of the fee received to	55116
the board of health of the health district in which the registered	55117
premises is located, or, in the instance of an infectious wastes	55118
transporter, to the board of health of the health district in	55119
which the transporter's principal place of business is located.	55120
However, if the board of health having jurisdiction over a	55121
registrant's premises or principal place of business is not on the	55122
approved list under section 3734.08 of the Revised Code, the	55123
director shall not make that payment to the board of health.	55124

(C) Except as provided in this division and divisions (N)(2)	55125
and (3) of this section, no person shall establish a new solid	55126
waste facility or infectious waste treatment facility, or modify	55127
an existing solid waste facility or infectious waste treatment	55128
facility, without submitting an application for a permit with	55129
accompanying detail plans, specifications, and information	55130
regarding the facility and method of operation and receiving a	55131
permit issued by the director, except that no permit shall be	55132
required under this division to install or operate a solid waste	55133
facility for sewage sludge treatment or disposal when the	55134
treatment or disposal is authorized by a current permit issued	55135
under Chapter 3704. or 6111. of the Revised Code.	55136

No person shall continue to operate a solid waste facility	55137
for which the director has denied a permit for which an	55138
application was required under division (A)(3) of section 3734.05	55139
of the Revised Code, or for which the director has disapproved	55140
plans and specifications required to be filed by an order issued	55141
under division (A)(5) of that section, after the date prescribed	55142
for commencement of closure of the facility in the order issued	55143
under division (A)(6) of section 3734.05 of the Revised Code	55144
denying the permit application or approval.	55145

On and after the effective date of the rules adopted under	55146
division (A) of this section and division (D) of section 3734.12	55147
of the Revised Code governing solid waste transfer facilities, no	55148
person shall establish a new, or modify an existing, solid waste	55149
transfer facility without first submitting an application for a	55150
permit with accompanying engineering detail plans, specifications,	55151
and information regarding the facility and its method of operation	55152
to the director and receiving a permit issued by the director.	55153

No person shall establish a new compost facility or continue	55154
to operate an existing compost facility that accepts exclusively	55155
source separated yard wastes without submitting a completed	55156
registration for the facility to the director in accordance with	55157
rules adopted under divisions (A) and (N)(3) of this section.	55158

This division does not apply to an infectious waste treatment	55159
facility that meets any of the following conditions:	55160

(1) Is owned or operated by the generator of the wastes and	55161
exclusively treats, by methods, techniques, and practices	55162
established by rules adopted under division (C)(1) or (3) of	55163
section 3734.021 of the Revised Code, wastes that are generated at	55164
any premises owned or operated by that generator regardless of	55165
whether the wastes are generated on the premises where the	55166
generator's treatment facility is located or, if the generator is	55167
a hospital as defined in section 3727.01 of the Revised Code,	55168
infectious wastes that are described in division (A)(1)(g), (h),	55169
or (i) of section 3734.021 of the Revised Code;	55170

(2) Holds a license or renewal of a license to operate a	55171
crematory facility issued under Chapter 4717. and a permit issued	55172
under Chapter 3704. of the Revised Code;	55173

(3) Treats or disposes of dead animals or parts thereof, or	55174
the blood of animals, and is subject to any of the following:	55175

(a) Inspection under the "Federal Meat Inspection Act," 81	55176
Stat. 584 (1967), 21 U.S.C.A. 603, as amended;	55177

(b) Chapter 918. of the Revised Code;

55178

55179

(D) Neither this chapter nor any rules adopted under it apply	55180
to single-family residential premises; to infectious wastes	55181
generated by individuals for purposes of their own care or	55182
treatment that are disposed of with solid wastes from the	55183
individual's residence; to the temporary storage of solid wastes,	55184
other than scrap tires, prior to their collection for disposal; to	55185
the storage of one hundred or fewer scrap tires unless they are	55186
stored in such a manner that, in the judgment of the director or	55187
the board of health of the health district in which the scrap	55188
tires are stored, the storage causes a nuisance, a hazard to	55189
public health or safety, or a fire hazard; or to the collection of	55190
solid wastes, other than scrap tires, by a political subdivision	55191
or a person holding a franchise or license from a political	55192
subdivision of the state; to composting, as defined in section	55193
1511.01 of the Revised Code, conducted in accordance with section	55194
1511.022 of the Revised Code; or to any person who is licensed to	55195
transport raw rendering material to a compost facility pursuant to	55196
section 953.23 of the Revised Code.	55197

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

55198

(a) "On-site facility" means a facility that stores, treats,	55199
or disposes of hazardous waste that is generated on the premises	55200
of the facility.	55201

(b) "Off-site facility" means a facility that stores, treats,	55202
or disposes of hazardous waste that is generated off the premises	55203
of the facility and includes such a facility that is also an	55204
on-site facility.	55205

55206

(i) An on-site facility that also receives hazardous waste	55207
from other premises owned by the same person who generates the	55208
waste on the facility premises;	55209

(ii) An off-site facility operated so that all of the	55210
hazardous waste it receives is generated on one or more premises	55211
owned by the person who owns the facility;	55212

(iii) An on-site facility that also receives hazardous waste	55213
that is transported uninterruptedly and directly to the facility	55214
through a pipeline from a generator who is not the owner of the	55215
facility.	55216

(2) Except as provided in division (E)(3) of this section, no	55217
person shall establish or operate a hazardous waste facility, or	55218
use a solid waste facility for the storage, treatment, or disposal	55219
of any hazardous waste, without a hazardous waste facility	55220
installation and operation permit issued in accordance with	55221
section 3734.05 of the Revised Code and subject to the payment of	55222
an application fee not to exceed one thousand five hundred	55223
dollars, payable upon application for a hazardous waste facility	55224
installation and operation permit and upon application for a	55225
renewal permit issued under division (H) of section 3734.05 of the	55226
Revised Code, to be credited to the hazardous waste facility	55227
management fund created in section 3734.18 of the Revised Code.	55228
The term of a hazardous waste facility installation and operation	55229
permit shall not exceed ten years.	55230

In addition to the application fee, there is hereby levied an	55231
annual permit fee to be paid by the permit holder upon the	55232
anniversaries of the date of issuance of the hazardous waste	55233
facility installation and operation permit and of any subsequent	55234
renewal permits and to be credited to the hazardous waste facility	55235
management fund. Annual permit fees totaling forty thousand	55236
dollars or more for any one facility may be paid on a quarterly	55237
basis with the first quarterly payment each year being due on the	55238
anniversary of the date of issuance of the hazardous waste	55239
facility installation and operation permit and of any subsequent	55240
renewal permits. The annual permit fee shall be determined for	55241
each permit holder by the director in accordance with the	55242
following schedule:	55243

TYPE OF BASIC			55244
MANAGEMENT UNIT	TYPE OF FACILITY	FEE	55245
Storage facility using:			55246
Containers	On-site, off-site, and		55247
	satellite	$ 500	55248
Tanks	On-site, off-site, and		55249
	satellite	500	55250
Waste pile	On-site, off-site, and		55251
	satellite	3,000	55252
Surface impoundment	On-site and satellite	8,000	55253
	Off-site	10,000	55254
Disposal facility using:			55255
Deep well injection	On-site and satellite	15,000	55256
	Off-site	25,000	55257
Landfill	On-site and satellite	25,000	55258
	Off-site	40,000	55259
Land application	On-site and satellite	2,500	55260
	Off-site	5,000	55261
Surface impoundment	On-site and satellite	10,000	55262
	Off-site	20,000	55263
Treatment facility using:			55264
Tanks	On-site, off-site, and		55265
	satellite	700	55266
Surface impoundment	On-site and satellite	8,000	55267
	Off-site	10,000	55268
Incinerator	On-site and satellite	5,000	55269
	Off-site	10,000	55270
Other forms			55271
of treatment	On-site, off-site, and		55272
	satellite	1,000	55273

A hazardous waste disposal facility that disposes of	55274
hazardous waste by deep well injection and that pays the annual	55275
permit fee established in section 6111.046 of the Revised Code is	55276
not subject to the permit fee established in this division for	55277
disposal facilities using deep well injection unless the director	55278
determines that the facility is not in compliance with applicable	55279
requirements established under this chapter and rules adopted	55280
under it.	55281

In determining the annual permit fee required by this	55282
section, the director shall not require additional payments for	55283
multiple units of the same method of storage, treatment, or	55284
disposal or for individual units that are used for both storage	55285
and treatment. A facility using more than one method of storage,	55286
treatment, or disposal shall pay the permit fee indicated by the	55287
schedule for each such method.	55288

The director shall not require the payment of that portion of	55289
an annual permit fee of any permit holder that would apply to a	55290
hazardous waste management unit for which a permit has been	55291
issued, but for which construction has not yet commenced. Once	55292
construction has commenced, the director shall require the payment	55293
of a part of the appropriate fee indicated by the schedule that	55294
bears the same relationship to the total fee that the number of	55295
days remaining until the next anniversary date at which payment of	55296
the annual permit fee is due bears to three hundred sixty-five.	55297

The director, by rules adopted in accordance with Chapters	55298
119. and 3745. of the Revised Code, shall prescribe procedures for	55299
collecting the annual permit fee established by this division and	55300
may prescribe other requirements necessary to carry out this	55301
division.	55302

(3) The prohibition against establishing or operating a	55303
hazardous waste facility without a hazardous waste facility	55304
installation and operation permit does not apply to either of the	55305
following:	55306

(a) A facility that is operating in accordance with a permit	55307
renewal issued under division (H) of section 3734.05 of the	55308
Revised Code, a revision issued under division (I) of that section	55309
as it existed prior to August 20, 1996, or a modification issued	55310
by the director under division (I) of that section on and after	55311
August 20, 1996;	55312

(b) Except as provided in division (J) of section 3734.05 of	55313
the Revised Code, a facility that will operate or is operating in	55314
accordance with a permit by rule, or that is not subject to permit	55315
requirements, under rules adopted by the director. In accordance	55316
with Chapter 119. of the Revised Code, the director shall adopt,	55317
and subsequently may amend, suspend, or rescind, rules for the	55318
purposes of division (E)(3)(b) of this section. Any rules so	55319
adopted shall be consistent with and equivalent to regulations	55320
pertaining to interim status adopted under the "Resource	55321
Conservation and Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A.	55322
6921, as amended, except as otherwise provided in this chapter.	55323

If a modification is requested or proposed for a facility	55324
described in division (E)(3)(a) or (b) of this section, division	55325
(I)(7) of section 3734.05 of the Revised Code applies.	55326

(F) No person shall store, treat, or dispose of hazardous	55327
waste identified or listed under this chapter and rules adopted	55328
under it, regardless of whether generated on or off the premises	55329
where the waste is stored, treated, or disposed of, or transport	55330
or cause to be transported any hazardous waste identified or	55331
listed under this chapter and rules adopted under it to any other	55332
premises, except at or to any of the following:	55333

(1) A hazardous waste facility operating under a permit	55334
issued in accordance with this chapter;	55335

(2) A facility in another state operating under a license or	55336
permit issued in accordance with the "Resource Conservation and	55337
Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as	55338
amended;	55339

(3) A facility in another nation operating in accordance with	55340
the laws of that nation;	55341

(4) A facility holding a permit issued pursuant to Title I of	55342
the "Marine Protection, Research, and Sanctuaries Act of 1972," 86	55343
Stat. 1052, 33 U.S.C.A. 1401, as amended;	55344

(5) A hazardous waste facility as described in division	55345
(E)(3)(a) or (b) of this section.	55346

(G) The director, by order, may exempt any person generating,	55347
collecting, storing, treating, disposing of, or transporting solid	55348
wastes, infectious wastes, or hazardous waste, or processing solid	55349
wastes that consist of scrap tires, in such quantities or under	55350
such circumstances that, in the determination of the director, are	55351
unlikely to adversely affect the public health or safety or the	55352
environment from any requirement to obtain a registration	55353
certificate, permit, or license or comply with the manifest system	55354
or other requirements of this chapter. Such an exemption shall be	55355
consistent with and equivalent to any regulations adopted by the	55356
administrator of the United States environmental protection agency	55357
under the "Resource Conservation and Recovery Act of 1976," 90	55358
Stat. 2806, 42 U.S.C.A. 6921, as amended, except as otherwise	55359
provided in this chapter.	55360

(H) No person shall engage in filling, grading, excavating,	55361
building, drilling, or mining on land where a hazardous waste	55362
facility, or a solid waste facility, was operated without prior	55363
authorization from the director, who shall establish the procedure	55364
for granting such authorization by rules adopted in accordance	55365
with Chapter 119. of the Revised Code.	55366

A public utility that has main or distribution lines above or	55367
below the land surface located on an easement or right-of-way	55368
across land where a solid waste facility was operated may engage	55369
in any such activity within the easement or right-of-way without	55370
prior authorization from the director for purposes of performing	55371
emergency repair or emergency replacement of its lines; of the	55372
poles, towers, foundations, or other structures supporting or	55373
sustaining any such lines; or of the appurtenances to those	55374
structures, necessary to restore or maintain existing public	55375
utility service. A public utility may enter upon any such easement	55376
or right-of-way without prior authorization from the director for	55377
purposes of performing necessary or routine maintenance of those	55378
portions of its existing lines; of the existing poles, towers,	55379
foundations, or other structures sustaining or supporting its	55380
lines; or of the appurtenances to any such supporting or	55381
sustaining structure, located on or above the land surface on any	55382
such easement or right-of-way. Within twenty-four hours after	55383
commencing any such emergency repair, replacement, or maintenance	55384
work, the public utility shall notify the director or the	55385
director's authorized representative of those activities and shall	55386
provide such information regarding those activities as the	55387
director or the director's representative may request. Upon	55388
completion of the emergency repair, replacement, or maintenance	55389
activities, the public utility shall restore any land of the solid	55390
waste facility disturbed by those activities to the condition	55391
existing prior to the commencement of those activities.	55392

(I) No owner or operator of a hazardous waste facility, in	55393
the operation of the facility, shall cause, permit, or allow the	55394
emission therefrom of any particulate matter, dust, fumes, gas,	55395
mist, smoke, vapor, or odorous substance that, in the opinion of	55396
the director, unreasonably interferes with the comfortable	55397
enjoyment of life or property by persons living or working in the	55398
vicinity of the facility, or that is injurious to public health.	55399
Any such action is hereby declared to be a public nuisance.	55400

(J) Notwithstanding any other provision of this chapter, in	55401
the event the director finds an imminent and substantial danger to	55402
public health or safety or the environment that creates an	55403
emergency situation requiring the immediate treatment, storage, or	55404
disposal of hazardous waste, the director may issue a temporary	55405
emergency permit to allow the treatment, storage, or disposal of	55406
the hazardous waste at a facility that is not otherwise authorized	55407
by a hazardous waste facility installation and operation permit to	55408
treat, store, or dispose of the waste. The emergency permit shall	55409
not exceed ninety days in duration and shall not be renewed. The	55410
director shall adopt, and may amend, suspend, or rescind, rules in	55411
accordance with Chapter 119. of the Revised Code governing the	55412
issuance, modification, revocation, and denial of emergency	55413
permits.	55414

(K) No owner or operator of a sanitary landfill shall	55415
knowingly accept for disposal, or dispose of, any infectious	55416
wastes, other than those subject to division (A)(1)(c) of section	55417
3734.021 of the Revised Code, that have not been treated to render	55418
them noninfectious. For the purposes of this division,	55419
certification by the owner or operator of the treatment facility	55420
where the wastes were treated on the shipping paper required by	55421
rules adopted under division (D)(2) of that section creates a	55422
rebuttable presumption that the wastes have been so treated.	55423

(L) The director, in accordance with Chapter 119. of the	55424
Revised Code, shall adopt, and may amend, suspend, or rescind,	55425
rules having uniform application throughout the state establishing	55426
a training and certification program that shall be required for	55427
employees of boards of health who are responsible for enforcing	55428
the solid waste and infectious waste provisions of this chapter	55429
and rules adopted under them and for persons who are responsible	55430
for the operation of solid waste facilities or infectious waste	55431
treatment facilities. The rules shall provide all of the	55432
following, without limitation:	55433

(1) The program shall be administered by the director and	55434
shall consist of a course on new solid waste and infectious waste	55435
technologies, enforcement procedures, and rules;	55436

(2) The course shall be offered on an annual basis;

55437

(3) Those persons who are required to take the course under	55438
division (L) of this section shall do so triennially;	55439

(4) Persons who successfully complete the course shall be	55440
certified by the director;	55441

(5) Certification shall be required for all employees of	55442
boards of health who are responsible for enforcing the solid waste	55443
or infectious waste provisions of this chapter and rules adopted	55444
under them and for all persons who are responsible for the	55445
operation of solid waste facilities or infectious waste treatment	55446
facilities;	55447

(6)(a) All employees of a board of health who, on the	55448
effective date of the rules adopted under this division, are	55449
responsible for enforcing the solid waste or infectious waste	55450
provisions of this chapter and the rules adopted under them shall	55451
complete the course and be certified by the director not later	55452
than January 1, 1995;	55453

(b) All employees of a board of health who, after the	55454
effective date of the rules adopted under division (L) of this	55455
section, become responsible for enforcing the solid waste or	55456
infectious waste provisions of this chapter and rules adopted	55457
under them and who do not hold a current and valid certification	55458
from the director at that time shall complete the course and be	55459
certified by the director within two years after becoming	55460
responsible for performing those activities.	55461

No person shall fail to obtain the certification required	55462
under this division.	55463

(M) The director shall not issue a permit under section	55464
3734.05 of the Revised Code to establish a solid waste facility,	55465
or to modify a solid waste facility operating on December 21,	55466
1988, in a manner that expands the disposal capacity or geographic	55467
area covered by the facility, that is or is to be located within	55468
the boundaries of a state park established or dedicated under	55469
Chapter 1541. of the Revised Code, a state park purchase area	55470
established under section 1541.02 of the Revised Code, any unit of	55471
the national park system, or any property that lies within the	55472
boundaries of a national park or recreation area, but that has not	55473
been acquired or is not administered by the secretary of the	55474
United States department of the interior, located in this state,	55475
or any candidate area located in this state and identified for	55476
potential inclusion in the national park system in the edition of	55477
the "national park system plan" submitted under paragraph (b) of	55478
section 8 of "The Act of August 18, 1970," 84 Stat. 825, 16	55479
U.S.C.A. 1a-5, as amended, current at the time of filing of the	55480
application for the permit, unless the facility or proposed	55481
facility is or is to be used exclusively for the disposal of solid	55482
wastes generated within the park or recreation area and the	55483
director determines that the facility or proposed facility will	55484
not degrade any of the natural or cultural resources of the park	55485
or recreation area. The director shall not issue a variance under	55486
division (A) of this section and rules adopted under it, or issue	55487
an exemption order under division (G) of this section, that would	55488
authorize any such establishment or expansion of a solid waste	55489
facility within the boundaries of any such park or recreation	55490
area, state park purchase area, or candidate area, other than a	55491
solid waste facility exclusively for the disposal of solid wastes	55492
generated within the park or recreation area when the director	55493
determines that the facility will not degrade any of the natural	55494
or cultural resources of the park or recreation area.	55495

(N)(1) The rules adopted under division (A) of this section,	55496
other than those governing variances, do not apply to scrap tire	55497
collection, storage, monocell, monofill, and recovery facilities.	55498
Those facilities are subject to and governed by rules adopted	55499
under sections 3734.70 to 3734.73 of the Revised Code, as	55500
applicable.	55501

(2) Division (C) of this section does not apply to scrap tire	55502
collection, storage, monocell, monofill, and recovery facilities.	55503
The establishment and modification of those facilities are subject	55504
to sections 3734.75 to 3734.78 and section 3734.81 of the Revised	55505
Code, as applicable.	55506

(3) The director may adopt, amend, suspend, or rescind rules	55507
under division (A) of this section creating an alternative system	55508
for authorizing the establishment, operation, or modification of a	55509
solid waste compost facility in lieu of the requirement that a	55510
person seeking to establish, operate, or modify a solid waste	55511
compost facility apply for and receive a permit under division (C)	55512
of this section and section 3734.05 of the Revised Code and a	55513
license under division (A)(1) of that section. The rules may	55514
include requirements governing, without limitation, the	55515
classification of solid waste compost facilities, the submittal of	55516
operating records for solid waste compost facilities, and the	55517
creation of a registration or notification system in lieu of the	55518
issuance of permits and licenses for solid waste compost	55519
facilities. The rules shall specify the applicability of divisions	55520
(A)(1), (2)(a), (3), and (4) of section 3734.05 of the Revised	55521
Code to a solid waste compost facility.	55522

Sec. 3734.05. (A)(1) Except as provided in divisions (A)(4),	55523
(8), and (9) of this section, no person shall operate or maintain	55524
a solid waste facility without a license issued under this	55525
division by the board of health of the health district in which	55526
the facility is located or by the director of environmental	55527
protection when the health district in which the facility is	55528
located is not on the approved list under section 3734.08 of the	55529
Revised Code.	55530

During the month of December, but before the first day of	55531
January of the next year, every person proposing to continue to	55532
operate an existing solid waste facility shall procure a license	55533
under this division to operate the facility for that year from the	55534
board of health of the health district in which the facility is	55535
located or, if the health district is not on the approved list	55536
under section 3734.08 of the Revised Code, from the director. The	55537
application for such a license shall be submitted to the board of	55538
health or to the director, as appropriate, on or before the last	55539
day of September of the year preceding that for which the license	55540
is sought. In addition to the application fee prescribed in	55541
division (A)(2) of this section, a person who submits an	55542
application after that date shall pay an additional ten per cent	55543
of the amount of the application fee for each week that the	55544
application is late. Late payment fees accompanying an application	55545
submitted to the board of health shall be credited to the special	55546
fund of the health district created in division (B) of section	55547
3734.06 of the Revised Code, and late payment fees accompanying an	55548
application submitted to the director shall be credited to the	55549
general revenue fund. A person who has received a license, upon	55550
sale or disposition of a solid waste facility, and upon consent of	55551
the board of health and the director, may have the license	55552
transferred to another person. The board of health or the director	55553
may include such terms and conditions in a license or revision to	55554
a license as are appropriate to ensure compliance with this	55555
chapter and rules adopted under it. The terms and conditions may	55556
establish the authorized maximum daily waste receipts for the	55557
facility. Limitations on maximum daily waste receipts shall be	55558
specified in cubic yards of volume for the purpose of regulating	55559
the design, construction, and operation of solid waste facilities.	55560
Terms and conditions included in a license or revision to a	55561
license by a board of health shall be consistent with, and pertain	55562
only to the subjects addressed in, the rules adopted under	55563
division (A) of section 3734.02 and division (D) of section	55564
3734.12 of the Revised Code.	55565

(2)(a) Except as provided in divisions (A)(2)(b), (8), and	55566
(9) of this section, each person proposing to open a new solid	55567
waste facility or to modify an existing solid waste facility shall	55568
submit an application for a permit with accompanying detail plans	55569
and specifications to the environmental protection agency for	55570
required approval under the rules adopted by the director pursuant	55571
to division (A) of section 3734.02 of the Revised Code and	55572
applicable rules adopted under division (D) of section 3734.12 of	55573
the Revised Code at least two hundred seventy days before proposed	55574
operation of the facility and shall concurrently make application	55575
for the issuance of a license under division (A)(1) of this	55576
section with the board of health of the health district in which	55577
the proposed facility is to be located.	55578

(b) On and after the effective date of the rules adopted	55579
under division (A) of section 3734.02 of the Revised Code and	55580
division (D) of section 3734.12 of the Revised Code governing	55581
solid waste transfer facilities, each person proposing to open a	55582
new solid waste transfer facility or to modify an existing solid	55583
waste transfer facility shall submit an application for a permit	55584
with accompanying engineering detail plans, specifications, and	55585
information regarding the facility and its method of operation to	55586
the environmental protection agency for required approval under	55587
those rules at least two hundred seventy days before commencing	55588
proposed operation of the facility and concurrently shall make	55589
application for the issuance of a license under division (A)(1) of	55590
this section with the board of health of the health district in	55591
which the facility is located or proposed.	55592

(c) Each application for a permit under division (A)(2)(a) or	55593
(b) of this section shall be accompanied by a nonrefundable	55594
application fee of four hundred dollars that shall be credited to	55595
the general revenue fund. Each application for an annual license	55596
under division (A)(1) or (2) of this section shall be accompanied	55597
by a nonrefundable application fee of one hundred dollars. If the	55598
application for an annual license is submitted to a board of	55599
health on the approved list under section 3734.08 of the Revised	55600
Code, the application fee shall be credited to the special fund of	55601
the health district created in division (B) of section 3734.06 of	55602
the Revised Code. If the application for an annual license is	55603
submitted to the director, the application fee shall be credited	55604
to the general revenue fund. If a permit or license is issued, the	55605
amount of the application fee paid shall be deducted from the	55606
amount of the permit fee due under division (Q) of section 3745.11	55607
of the Revised Code or the amount of the license fee due under	55608
division (A)(1), (2), (3), or (4), or (5) of section 3734.06 of	55609
the Revised Code.	55610

(d) As used in divisions (A)(2)(d), (e), and (f) of this	55611
section, "modify" means any of the following:	55612

(i) Any increase of more than ten per cent in the total	55613
capacity of a solid waste facility;	55614

(ii) Any expansion of the limits of solid waste placement at	55615
a solid waste facility;	55616

(iii) Any increase in the depth of excavation at a solid	55617
waste facility;	55618

(iv) Any change in the technique of waste receipt or type of	55619
waste received at a solid waste facility that may endanger human	55620
health, as determined by the director by rules adopted in	55621
accordance with Chapter 119. of the Revised Code.	55622

Not later than ~~thirty-five~~forty-five days after submitting	55623
an application under division (A)(2)(a) or (b) of this section for	55624
a permit to open a new or modify an existing solid waste facility,	55625
the applicant, in conjunction with an officer or employee of the	55626
environmental protection agency, shall hold a public meeting on	55627
the application within the county in which the new or modified	55628
solid waste facility is or is proposed to be located or within a	55629
contiguous county. Not less than thirty days before holding the	55630
public meeting on the application, the applicant shall publish	55631
notice of the meeting in each newspaper of general circulation	55632
that is published in the county in which the facility is or is	55633
proposed to be located. If no newspaper of general circulation is	55634
published in the county, the applicant shall publish the notice in	55635
a newspaper of general circulation in the county. The notice shall	55636
contain the date, time, and location of the public meeting and a	55637
general description of the proposed new or modified facility. Not	55638
later than five days after publishing the notice, the applicant	55639
shall send by certified mail a copy of the notice and the date the	55640
notice was published to the director and the legislative authority	55641
of each municipal corporation, township, and county, and to the	55642
chief executive officer of each municipal corporation, in which	55643
the facility is or is proposed to be located. At the public	55644
meeting, the applicant shall provide information and describe the	55645
application and respond to comments or questions concerning the	55646
application, and the officer or employee of the agency shall	55647
describe the permit application process. At the public meeting,	55648
any person may submit written or oral comments on or objections to	55649
the application. Not more than thirty days after the public	55650
meeting, the applicant shall provide the director with a copy of a	55651
transcript of the full meeting, copies of any exhibits, displays,	55652
or other materials presented by the applicant at the meeting, and	55653
the original copy of any written comments submitted at the	55654
meeting.	55655

(e) Except as provided in division (A)(2)(f) of this section,	55656
prior to taking an action, other than a proposed or final denial,	55657
upon an application submitted under division (A)(2)(a) of this	55658
section for a permit to open a new or modify an existing solid	55659
waste facility, the director shall hold a public information	55660
session and a public hearing on the application within the county	55661
in which the new or modified solid waste facility is or is	55662
proposed to be located or within a contiguous county. If the	55663
application is for a permit to open a new solid waste facility,	55664
the director shall hold the hearing not less than fourteen days	55665
after the information session. If the application is for a permit	55666
to modify an existing solid waste facility, the director may hold	55667
both the information session and the hearing on the same day	55668
unless any individual affected by the application requests in	55669
writing that the information session and the hearing not be held	55670
on the same day, in which case the director shall hold the hearing	55671
not less than fourteen days after the information session. The	55672
director shall publish notice of the public information session or	55673
public hearing not less than thirty days before holding the	55674
information session or hearing, as applicable. The notice shall be	55675
published in each newspaper of general circulation that is	55676
published in the county in which the facility is or is proposed to	55677
be located. If no newspaper of general circulation is published in	55678
the county, the director shall publish the notice in a newspaper	55679
of general circulation in the county. The notice shall contain the	55680
date, time, and location of the information session or hearing, as	55681
applicable, and a general description of the proposed new or	55682
modified facility. At the public information session, an officer	55683
or employee of the environmental protection agency shall describe	55684
the status of the permit application and be available to respond	55685
to comments or questions concerning the application. At the public	55686
hearing, any person may submit written or oral comments on or	55687
objections to the approval of the application. The applicant, or a	55688
representative of the applicant who has knowledge of the location,	55689
construction, and operation of the facility, shall attend the	55690
information session and public hearing to respond to comments or	55691
questions concerning the facility directed to the applicant or	55692
representative by the officer or employee of the environmental	55693
protection agency presiding at the information session and	55694
hearing.	55695

(f) The solid waste management policy committee of a county	55696
or joint solid waste management district may adopt a resolution	55697
requesting expeditious consideration of a specific application	55698
submitted under division (A)(2)(a) of this section for a permit to	55699
modify an existing solid waste facility within the district. The	55700
resolution shall make the finding that expedited consideration of	55701
the application without the public information session and public	55702
hearing under division (A)(2)(e) of this section is in the public	55703
interest and will not endanger human health, as determined by the	55704
director by rules adopted in accordance with Chapter 119. of the	55705
Revised Code. Upon receiving such a resolution, the director, at	55706
the director's discretion, may issue a final action upon the	55707
application without holding a public information session or public	55708
hearing pursuant to division (A)(2)(e) of this section.	55709

(3) Except as provided in division (A)(10) of this section,	55710
and unless the owner or operator of any solid waste facility,	55711
other than a solid waste transfer facility or a compost facility	55712
that accepts exclusively source separated yard wastes, that	55713
commenced operation on or before July 1, 1968, has obtained an	55714
exemption from the requirements of division (A)(3) of this section	55715
in accordance with division (G) of section 3734.02 of the Revised	55716
Code, the owner or operator shall submit to the director an	55717
application for a permit with accompanying engineering detail	55718
plans, specifications, and information regarding the facility and	55719
its method of operation for approval under rules adopted under	55720
division (A) of section 3734.02 of the Revised Code and applicable	55721
rules adopted under division (D) of section 3734.12 of the Revised	55722
Code in accordance with the following schedule:	55723

(a) Not later than September 24, 1988, if the facility is	55724
located in the city of Garfield Heights or Parma in Cuyahoga	55725
county;	55726

(b) Not later than December 24, 1988, if the facility is	55727
located in Delaware, Greene, Guernsey, Hamilton, Madison,	55728
Mahoning, Ottawa, or Vinton county;	55729

(c) Not later than March 24, 1989, if the facility is located	55730
in Champaign, Clinton, Columbiana, Huron, Paulding, Stark, or	55731
Washington county, or is located in the city of Brooklyn or	55732
Cuyahoga Heights in Cuyahoga county;	55733

(d) Not later than June 24, 1989, if the facility is located	55734
in Adams, Auglaize, Coshocton, Darke, Harrison, Lorain, Lucas, or	55735
Summit county or is located in Cuyahoga county outside the cities	55736
of Garfield Heights, Parma, Brooklyn, and Cuyahoga Heights;	55737

(e) Not later than September 24, 1989, if the facility is	55738
located in Butler, Carroll, Erie, Lake, Portage, Putnam, or Ross	55739
county;	55740

(f) Not later than December 24, 1989, if the facility is	55741
located in a county not listed in divisions (A)(3)(a) to (e) of	55742
this section;	55743

(g) Notwithstanding divisions (A)(3)(a) to (f) of this	55744
section, not later than December 31, 1990, if the facility is a	55745
solid waste facility owned by a generator of solid wastes when the	55746
solid waste facility exclusively disposes of solid wastes	55747
generated at one or more premises owned by the generator	55748
regardless of whether the facility is located on a premises where	55749
the wastes are generated and if the facility disposes of more than	55750
one hundred thousand tons of solid wastes per year, provided that	55751
any such facility shall be subject to division (A)(5) of this	55752
section.	55753

(4) Except as provided in divisions (A)(8), (9), and (10) of	55754
this section, unless the owner or operator of any solid waste	55755
facility for which a permit was issued after July 1, 1968, but	55756
before January 1, 1980, has obtained an exemption from the	55757
requirements of division (A)(4) of this section under division (G)	55758
of section 3734.02 of the Revised Code, the owner or operator	55759
shall submit to the director an application for a permit with	55760
accompanying engineering detail plans, specifications, and	55761
information regarding the facility and its method of operation for	55762
approval under those rules.	55763

(5) The director may issue an order in accordance with	55764
Chapter 3745. of the Revised Code to the owner or operator of a	55765
solid waste facility requiring the person to submit to the	55766
director updated engineering detail plans, specifications, and	55767
information regarding the facility and its method of operation for	55768
approval under rules adopted under division (A) of section 3734.02	55769
of the Revised Code and applicable rules adopted under division	55770
(D) of section 3734.12 of the Revised Code if, in the director's	55771
judgment, conditions at the facility constitute a substantial	55772
threat to public health or safety or are causing or contributing	55773
to or threatening to cause or contribute to air or water pollution	55774
or soil contamination. Any person who receives such an order shall	55775
submit the updated engineering detail plans, specifications, and	55776
information to the director within one hundred eighty days after	55777
the effective date of the order.	55778

(6) The director shall act upon an application submitted	55779
under division (A)(3) or (4) of this section and any updated	55780
engineering plans, specifications, and information submitted under	55781
division (A)(5) of this section within one hundred eighty days	55782
after receiving them. If the director denies any such permit	55783
application, the order denying the application or disapproving the	55784
plans shall include the requirements that the owner or operator	55785
submit a plan for closure and post-closure care of the facility to	55786
the director for approval within six months after issuance of the	55787
order, cease accepting solid wastes for disposal or transfer at	55788
the facility, and commence closure of the facility not later than	55789
one year after issuance of the order. If the director determines	55790
that closure of the facility within that one-year period would	55791
result in the unavailability of sufficient solid waste management	55792
facility capacity within the county or joint solid waste	55793
management district in which the facility is located to dispose of	55794
or transfer the solid waste generated within the district, the	55795
director in the order of denial or disapproval may postpone	55796
commencement of closure of the facility for such period of time as	55797
the director finds necessary for the board of county commissioners	55798
or directors of the district to secure access to or for there to	55799
be constructed within the district sufficient solid waste	55800
management facility capacity to meet the needs of the district,	55801
provided that the director shall certify in the director's order	55802
that postponing the date for commencement of closure will not	55803
endanger ground water or any property surrounding the facility,	55804
allow methane gas migration to occur, or cause or contribute to	55805
any other type of environmental damage.	55806

If an emergency need for disposal capacity that may affect	55807
public health and safety exists as a result of closure of a	55808
facility under division (A)(6) of this section, the director may	55809
issue an order designating another solid waste facility to accept	55810
the wastes that would have been disposed of at the facility to be	55811
closed.	55812

(7) If the director determines that standards more stringent	55813
than those applicable in rules adopted under division (A) of	55814
section 3734.02 of the Revised Code and division (D) of section	55815
3734.12 of the Revised Code, or standards pertaining to subjects	55816
not specifically addressed by those rules, are necessary to ensure	55817
that a solid waste facility constructed at the proposed location	55818
will not cause a nuisance, cause or contribute to water pollution,	55819
or endanger public health or safety, the director may issue a	55820
permit for the facility with such terms and conditions as the	55821
director finds necessary to protect public health and safety and	55822
the environment. If a permit is issued, the director shall state	55823
in the order issuing it the specific findings supporting each such	55824
term or condition.	55825

(8) Divisions (A)(1), (2)(a), (3), and (4) of this section do	55826
not apply to a solid waste compost facility that accepts	55827
exclusively source separated yard wastes and that is registered	55828
under division (C) of section 3734.02 of the Revised Code or,	55829
unless otherwise provided in rules adopted under division (N)(3)	55830
of section 3734.02 of the Revised Code, to a solid waste compost	55831
facility if the director has adopted rules establishing an	55832
alternative system for authorizing the establishment, operation,	55833
or modification of a solid waste compost facility under that	55834
division.	55835

(9) Divisions (A)(1) to (7) of this section do not apply to	55836
scrap tire collection, storage, monocell, monofill, and recovery	55837
facilities. The approval of plans and specifications, as	55838
applicable, and the issuance of registration certificates,	55839
permits, and licenses for those facilities are subject to sections	55840
3734.75 to 3734.78 of the Revised Code, as applicable, and section	55841
3734.81 of the Revised Code.	55842

(10) Divisions (A)(3) and (4) of this section do not apply to	55843
a solid waste incinerator that was placed into operation on or	55844
before October 12, 1994, and that is not authorized to accept and	55845
treat infectious wastes pursuant to division (B) of this section.	55846

(B)(1) Each person who is engaged in the business of treating	55847
infectious wastes for profit at a treatment facility located off	55848
the premises where the wastes are generated that is in operation	55849
on August 10, 1988, and who proposes to continue operating the	55850
facility shall submit to the board of health of the health	55851
district in which the facility is located an application for a	55852
license to operate the facility.	55853

Thereafter, no person shall operate or maintain an infectious	55854
waste treatment facility without a license issued by the board of	55855
health of the health district in which the facility is located or	55856
by the director when the health district in which the facility is	55857
located is not on the approved list under section 3734.08 of the	55858
Revised Code.	55859

(2)(a) During the month of December, but before the first day	55860
of January of the next year, every person proposing to continue to	55861
operate an existing infectious waste treatment facility shall	55862
procure a license to operate the facility for that year from the	55863
board of health of the health district in which the facility is	55864
located or, if the health district is not on the approved list	55865
under section 3734.08 of the Revised Code, from the director. The	55866
application for such a license shall be submitted to the board of	55867
health or to the director, as appropriate, on or before the last	55868
day of September of the year preceding that for which the license	55869
is sought. In addition to the application fee prescribed in	55870
division (B)(2)(c) of this section, a person who submits an	55871
application after that date shall pay an additional ten per cent	55872
of the amount of the application fee for each week that the	55873
application is late. Late payment fees accompanying an application	55874
submitted to the board of health shall be credited to the special	55875
infectious waste fund of the health district created in division	55876
(C) of section 3734.06 of the Revised Code, and late payment fees	55877
accompanying an application submitted to the director shall be	55878
credited to the general revenue fund. A person who has received a	55879
license, upon sale or disposition of an infectious waste treatment	55880
facility and upon consent of the board of health and the director,	55881
may have the license transferred to another person. The board of	55882
health or the director may include such terms and conditions in a	55883
license or revision to a license as are appropriate to ensure	55884
compliance with the infectious waste provisions of this chapter	55885
and rules adopted under them.	55886

(b) Each person proposing to open a new infectious waste	55887
treatment facility or to modify an existing infectious waste	55888
treatment facility shall submit an application for a permit with	55889
accompanying detail plans and specifications to the environmental	55890
protection agency for required approval under the rules adopted by	55891
the director pursuant to section 3734.021 of the Revised Code two	55892
hundred seventy days before proposed operation of the facility and	55893
concurrently shall make application for a license with the board	55894
of health of the health district in which the facility is or is	55895
proposed to be located. Not later than ninety days after receiving	55896
a completed application under division (B)(2)(b) of this section	55897
for a permit to open a new infectious waste treatment facility or	55898
modify an existing infectious waste treatment facility to expand	55899
its treatment capacity, or receiving a completed application under	55900
division (A)(2)(a) of this section for a permit to open a new	55901
solid waste incineration facility, or modify an existing solid	55902
waste incineration facility to also treat infectious wastes or to	55903
increase its infectious waste treatment capacity, that pertains to	55904
a facility for which a notation authorizing infectious waste	55905
treatment is included or proposed to be included in the solid	55906
waste incineration facility's license pursuant to division (B)(3)	55907
of this section, the director shall hold a public hearing on the	55908
application within the county in which the new or modified	55909
infectious waste or solid waste facility is or is proposed to be	55910
located or within a contiguous county. Not less than thirty days	55911
before holding the public hearing on the application, the director	55912
shall publish notice of the hearing in each newspaper that has	55913
general circulation and that is published in the county in which	55914
the facility is or is proposed to be located. If there is no	55915
newspaper that has general circulation and that is published in	55916
the county, the director shall publish the notice in a newspaper	55917
of general circulation in the county. The notice shall contain the	55918
date, time, and location of the public hearing and a general	55919
description of the proposed new or modified facility. At the	55920
public hearing, any person may submit written or oral comments on	55921
or objections to the approval or disapproval of the application.	55922
The applicant, or a representative of the applicant who has	55923
knowledge of the location, construction, and operation of the	55924
facility, shall attend the public hearing to respond to comments	55925
or questions concerning the facility directed to the applicant or	55926
representative by the officer or employee of the environmental	55927
protection agency presiding at the hearing.	55928

(c) Each application for a permit under division (B)(2)(b) of	55929
this section shall be accompanied by a nonrefundable application	55930
fee of four hundred dollars that shall be credited to the general	55931
revenue fund. Each application for an annual license under	55932
division (B)(2)(a) of this section shall be accompanied by a	55933
nonrefundable application fee of one hundred dollars. If the	55934
application for an annual license is submitted to a board of	55935
health on the approved list under section 3734.08 of the Revised	55936
Code, the application fee shall be credited to the special	55937
infectious waste fund of the health district created in division	55938
(C) of section 3734.06 of the Revised Code. If the application for	55939
an annual license is submitted to the director, the application	55940
fee shall be credited to the general revenue fund. If a permit or	55941
license is issued, the amount of the application fee paid shall be	55942
deducted from the amount of the permit fee due under division (Q)	55943
of section 3745.11 of the Revised Code or the amount of the	55944
license fee due under division (C) of section 3734.06 of the	55945
Revised Code.	55946

(d) The owner or operator of any infectious waste treatment	55947
facility that commenced operation on or before July 1, 1968, shall	55948
submit to the director an application for a permit with	55949
accompanying engineering detail plans, specifications, and	55950
information regarding the facility and its method of operation for	55951
approval under rules adopted under section 3734.021 of the Revised	55952
Code in accordance with the following schedule:	55953

(i) Not later than December 24, 1988, if the facility is	55954
located in Delaware, Greene, Guernsey, Hamilton, Madison,	55955
Mahoning, Ottawa, or Vinton county;	55956

(ii) Not later than March 24, 1989, if the facility is	55957
located in Champaign, Clinton, Columbiana, Huron, Paulding, Stark,	55958
or Washington county, or is located in the city of Brooklyn,	55959
Cuyahoga Heights, or Parma in Cuyahoga county;	55960

(iii) Not later than June 24, 1989, if the facility is	55961
located in Adams, Auglaize, Coshocton, Darke, Harrison, Lorain,	55962
Lucas, or Summit county or is located in Cuyahoga county outside	55963
the cities of Brooklyn, Cuyahoga Heights, and Parma;	55964

(iv) Not later than September 24, 1989, if the facility is	55965
located in Butler, Carroll, Erie, Lake, Portage, Putnam, or Ross	55966
county;	55967

(v) Not later than December 24, 1989, if the facility is	55968
located in a county not listed in divisions (B)(2)(d)(i) to (iv)	55969
of this section.	55970

The owner or operator of an infectious waste treatment	55971
facility required to submit a permit application under division	55972
(B)(2)(d) of this section is not required to pay any permit	55973
application fee under division (B)(2)(c) of this section, or	55974
permit fee under division (Q) of section 3745.11 of the Revised	55975
Code, with respect thereto unless the owner or operator also	55976
proposes to modify the facility.	55977

(e) The director may issue an order in accordance with	55978
Chapter 3745. of the Revised Code to the owner or operator of an	55979
infectious waste treatment facility requiring the person to submit	55980
to the director updated engineering detail plans, specifications,	55981
and information regarding the facility and its method of operation	55982
for approval under rules adopted under section 3734.021 of the	55983
Revised Code if, in the director's judgment, conditions at the	55984
facility constitute a substantial threat to public health or	55985
safety or are causing or contributing to or threatening to cause	55986
or contribute to air or water pollution or soil contamination. Any	55987
person who receives such an order shall submit the updated	55988
engineering detail plans, specifications, and information to the	55989
director within one hundred eighty days after the effective date	55990
of the order.	55991

(f) The director shall act upon an application submitted	55992
under division (B)(2)(d) of this section and any updated	55993
engineering plans, specifications, and information submitted under	55994
division (B)(2)(e) of this section within one hundred eighty days	55995
after receiving them. If the director denies any such permit	55996
application or disapproves any such updated engineering plans,	55997
specifications, and information, the director shall include in the	55998
order denying the application or disapproving the plans the	55999
requirement that the owner or operator cease accepting infectious	56000
wastes for treatment at the facility.	56001

(3) Division (B) of this section does not apply to an	56002
infectious waste treatment facility that meets any of the	56003
following conditions:	56004

(a) Is owned or operated by the generator of the wastes and	56005
exclusively treats, by methods, techniques, and practices	56006
established by rules adopted under division (C)(1) or (3) of	56007
section 3734.021 of the Revised Code, wastes that are generated at	56008
any premises owned or operated by that generator regardless of	56009
whether the wastes are generated on the same premises where the	56010
generator's treatment facility is located or, if the generator is	56011
a hospital as defined in section 3727.01 of the Revised Code,	56012
infectious wastes that are described in division (A)(1)(g), (h),	56013
or (i) of section 3734.021 of the Revised Code;	56014

(b) Holds a license or renewal of a license to operate a	56015
crematory facility issued under Chapter 4717. and a permit issued	56016
under Chapter 3704. of the Revised Code;	56017

(c) Treats or disposes of dead animals or parts thereof, or	56018
the blood of animals, and is subject to any of the following:	56019

(i) Inspection under the "Federal Meat Inspection Act," 81	56020
Stat. 584 (1967), 21 U.S.C.A. 603, as amended;	56021

(ii) Chapter 918. of the Revised Code;

56022

(iii) Chapter 953. of the Revised Code.

56023

Nothing in division (B) of this section requires a facility	56024
that holds a license issued under division (A) of this section as	56025
a solid waste facility and that also treats infectious wastes by	56026
the same method, technique, or process to obtain a license under	56027
division (B) of this section as an infectious waste treatment	56028
facility. However, the solid waste facility license for the	56029
facility shall include the notation that the facility also treats	56030
infectious wastes.	56031

On and after the effective date of the amendments to the	56032
rules adopted under division (C)(2) of section 3734.021 of the	56033
Revised Code that are required by Section 6 of Substitute House	56034
Bill No. 98 of the 120th General Assembly, the director shall not	56035
issue a permit to open a new solid waste incineration facility	56036
unless the proposed facility complies with the requirements for	56037
the location of new infectious waste incineration facilities	56038
established in the required amendments to those rules.	56039

(C) Except for a facility or activity described in division	56040
(E)(3) of section 3734.02 of the Revised Code, a person who	56041
proposes to establish or operate a hazardous waste facility shall	56042
submit a complete application for a hazardous waste facility	56043
installation and operation permit and accompanying detail plans,	56044
specifications, and such information as the director may require	56045
to the environmental protection agency at least one hundred eighty	56046
days before the proposed beginning of operation of the facility.	56047
The applicant shall notify by certified mail the legislative	56048
authority of each municipal corporation, township, and county in	56049
which the facility is proposed to be located of the submission of	56050
the application within ten days after the submission or at such	56051
earlier time as the director may establish by rule. If the	56052
application is for a proposed new hazardous waste disposal or	56053
thermal treatment facility, the applicant also shall give actual	56054
notice of the general design and purpose of the facility to the	56055
legislative authority of each municipal corporation, township, and	56056
county in which the facility is proposed to be located at least	56057
ninety days before the permit application is submitted to the	56058
environmental protection agency.	56059

In accordance with rules adopted under section 3734.12 of the	56060
Revised Code, prior to the submission of a complete application	56061
for a hazardous waste facility installation and operation permit,	56062
the applicant shall hold at least one meeting in the township or	56063
municipal corporation in which the facility is proposed to be	56064
located, whichever is geographically closer to the proposed	56065
location of the facility. The meeting shall be open to the public	56066
and shall be held to inform the community of the proposed	56067
hazardous waste management activities and to solicit questions	56068
from the community concerning the activities.	56069

(D)(1) Except as provided in section 3734.123 of the Revised	56070
Code, upon receipt of a complete application for a hazardous waste	56071
facility installation and operation permit under division (C) of	56072
this section, the director shall consider the application and	56073
accompanying information to determine whether the application	56074
complies with agency rules and the requirements of division (D)(2)	56075
of this section. After making a determination, the director shall	56076
issue either a draft permit or a notice of intent to deny the	56077
permit. The director, in accordance with rules adopted under	56078
section 3734.12 of the Revised Code or with rules adopted to	56079
implement Chapter 3745. of the Revised Code, shall provide public	56080
notice of the application and the draft permit or the notice of	56081
intent to deny the permit, provide an opportunity for public	56082
comments, and, if significant interest is shown, schedule a public	56083
meeting in the county in which the facility is proposed to be	56084
located and give public notice of the date, time, and location of	56085
the public meeting in a newspaper of general circulation in that	56086
county.	56087

(2) The director shall not approve an application for a	56088
hazardous waste facility installation and operation permit or an	56089
application for a modification under division (I)(3) of this	56090
section unless the director finds and determines as follows:	56091

(a) The nature and volume of the waste to be treated, stored,	56092
or disposed of at the facility;	56093

(b) That the facility complies with the director's hazardous	56094
waste standards adopted pursuant to section 3734.12 of the Revised	56095
Code;	56096

(c) That the facility represents the minimum adverse	56097
environmental impact, considering the state of available	56098
technology and the nature and economics of various alternatives,	56099
and other pertinent considerations;	56100

(d) That the facility represents the minimum risk of all of	56101
the following:	56102

(i) Fires or explosions from treatment, storage, or disposal	56103
methods;	56104

(ii) Release of hazardous waste during transportation of	56105
hazardous waste to or from the facility;	56106

(iii) Adverse impact on the public health and safety.

56107

(e) That the facility will comply with this chapter and	56108
Chapters 3704. and 6111. of the Revised Code and all rules and	56109
standards adopted under them;	56110

(f) That if the owner of the facility, the operator of the	56111
facility, or any other person in a position with the facility from	56112
which the person may influence the installation and operation of	56113
the facility has been involved in any prior activity involving	56114
transportation, treatment, storage, or disposal of hazardous	56115
waste, that person has a history of compliance with this chapter	56116
and Chapters 3704. and 6111. of the Revised Code and all rules and	56117
standards adopted under them, the "Resource Conservation and	56118
Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as	56119
amended, and all regulations adopted under it, and similar laws	56120
and rules of other states if any such prior operation was located	56121
in another state that demonstrates sufficient reliability,	56122
expertise, and competency to operate a hazardous waste facility	56123
under the applicable provisions of this chapter and Chapters 3704.	56124
and 6111. of the Revised Code, the applicable rules and standards	56125
adopted under them, and terms and conditions of a hazardous waste	56126
facility installation and operation permit, given the potential	56127
for harm to the public health and safety and the environment that	56128
could result from the irresponsible operation of the facility. For	56129
off-site facilities, as defined in section 3734.41 of the Revised	56130
Code, the director may use the investigative reports of the	56131
attorney general prepared pursuant to section 3734.42 of the	56132
Revised Code as a basis for making a finding and determination	56133
under division (D)(2)(f) of this section.	56134

(g) That the active areas within a new hazardous waste	56135
facility where acute hazardous waste as listed in 40 C.F.R. 261.33	56136
(e), as amended, or organic waste that is toxic and is listed	56137
under 40 C.F.R. 261, as amended, is being stored, treated, or	56138
disposed of and where the aggregate of the storage design capacity	56139
and the disposal design capacity of all hazardous waste in those	56140
areas is greater than two hundred fifty thousand gallons, are not	56141
located or operated within any of the following:	56142

(i) Two thousand feet of any residence, school, hospital,	56143
jail, or prison;	56144

(ii) Any naturally occurring wetland;

56145

(iii) Any flood hazard area if the applicant cannot show that	56146
the facility will be designed, constructed, operated, and	56147
maintained to prevent washout by a one-hundred-year flood.	56148

Division (D)(2)(g) of this section does not apply to the	56149
facility of any applicant who demonstrates to the director that	56150
the limitations specified in that division are not necessary	56151
because of the nature or volume of the waste and the manner of	56152
management applied, the facility will impose no substantial danger	56153
to the health and safety of persons occupying the structures	56154
listed in division (D)(2)(g)(i) of this section, and the facility	56155
is to be located or operated in an area where the proposed	56156
hazardous waste activities will not be incompatible with existing	56157
land uses in the area.	56158

(h) That the facility will not be located within the	56159
boundaries of a state park established or dedicated under Chapter	56160
1541. of the Revised Code, a state park purchase area established	56161
under section 1541.02 of the Revised Code, any unit of the	56162
national park system, or any property that lies within the	56163
boundaries of a national park or recreation area, but that has not	56164
been acquired or is not administered by the secretary of the	56165
United States department of the interior, located in this state,	56166
or any candidate area located in this state identified for	56167
potential inclusion in the national park system in the edition of	56168
the "national park system plan" submitted under paragraph (b) of	56169
section 8 of "The Act of August 18, 1970," 84 Stat. 825, 16	56170
U.S.C.A. 1a-5, as amended, current at the time of filing of the	56171
application for the permit, unless the facility will be used	56172
exclusively for the storage of hazardous waste generated within	56173
the park or recreation area in conjunction with the operation of	56174
the park or recreation area. Division (D)(2)(h) of this section	56175
does not apply to the facility of any applicant for modification	56176
of a permit unless the modification application proposes to	56177
increase the land area included in the facility or to increase the	56178
quantity of hazardous waste that will be treated, stored, or	56179
disposed of at the facility.	56180

(3) Not later than one hundred eighty days after the end of	56181
the public comment period, the director, without prior hearing,	56182
shall issue or deny the permit in accordance with Chapter 3745. of	56183
the Revised Code. If the director approves an application for a	56184
hazardous waste facility installation and operation permit, the	56185
director shall issue the permit, upon such terms and conditions as	56186
the director finds are necessary to ensure the construction and	56187
operation of the hazardous waste facility in accordance with the	56188
standards of this section.	56189

(E) No political subdivision of this state shall require any	56190
additional zoning or other approval, consent, permit, certificate,	56191
or condition for the construction or operation of a hazardous	56192
waste facility authorized by a hazardous waste facility	56193
installation and operation permit issued pursuant to this chapter,	56194
nor shall any political subdivision adopt or enforce any law,	56195
ordinance, or rule that in any way alters, impairs, or limits the	56196
authority granted in the permit.	56197

(F) The director may issue a single hazardous waste facility	56198
installation and operation permit to a person who operates two or	56199
more adjoining facilities where hazardous waste is stored,	56200
treated, or disposed of if the application includes detail plans,	56201
specifications, and information on all facilities. For the	56202
purposes of this section, "adjoining" means sharing a common	56203
boundary, separated only by a public road, or in such proximity	56204
that the director determines that the issuance of a single permit	56205
will not create a hazard to the public health or safety or the	56206
environment.	56207

(G) No person shall falsify or fail to keep or submit any	56208
plans, specifications, data, reports, records, manifests, or other	56209
information required to be kept or submitted to the director by	56210
this chapter or the rules adopted under it.	56211

(H)(1) Each person who holds an installation and operation	56212
permit issued under this section and who wishes to obtain a permit	56213
renewal shall submit a completed application for an installation	56214
and operation permit renewal and any necessary accompanying	56215
general plans, detail plans, specifications, and such information	56216
as the director may require to the director no later than one	56217
hundred eighty days prior to the expiration date of the existing	56218
permit or upon a later date prior to the expiration of the	56219
existing permit if the permittee can demonstrate good cause for	56220
the late submittal. The director shall consider the application	56221
and accompanying information, inspection reports of the facility,	56222
results of performance tests, a report regarding the facility's	56223
compliance or noncompliance with the terms and conditions of its	56224
permit and rules adopted by the director under this chapter, and	56225
such other information as is relevant to the operation of the	56226
facility and shall issue a draft renewal permit or a notice of	56227
intent to deny the renewal permit. The director, in accordance	56228
with rules adopted under this section or with rules adopted to	56229
implement Chapter 3745. of the Revised Code, shall give public	56230
notice of the application and draft renewal permit or notice of	56231
intent to deny the renewal permit, provide for the opportunity for	56232
public comments within a specified time period, schedule a public	56233
meeting in the county in which the facility is located if	56234
significant interest is shown, and give public notice of the	56235
public meeting.	56236

(2) Within sixty days after the public meeting or close of	56237
the public comment period, the director, without prior hearing,	56238
shall issue or deny the renewal permit in accordance with Chapter	56239
3745. of the Revised Code. The director shall not issue a renewal	56240
permit unless the director determines that the facility under the	56241
existing permit has a history of compliance with this chapter,	56242
rules adopted under it, the existing permit, or orders entered to	56243
enforce such requirements that demonstrates sufficient	56244
reliability, expertise, and competency to operate the facility	56245
henceforth under this chapter, rules adopted under it, and the	56246
renewal permit. If the director approves an application for a	56247
renewal permit, the director shall issue the permit subject to the	56248
payment of the annual permit fee required under division (E) of	56249
section 3734.02 of the Revised Code and upon such terms and	56250
conditions as the director finds are reasonable to ensure that	56251
continued operation, maintenance, closure, and post-closure care	56252
of the hazardous waste facility are in accordance with the rules	56253
adopted under section 3734.12 of the Revised Code.	56254

(3) An installation and operation permit renewal application	56255
submitted to the director that also contains or would constitute	56256
an application for a modification shall be acted upon by the	56257
director in accordance with division (I) of this section in the	56258
same manner as an application for a modification. In approving or	56259
disapproving the renewal portion of a permit renewal application	56260
containing an application for a modification, the director shall	56261
apply the criteria established under division (H)(2) of this	56262
section.	56263

(4) An application for renewal or modification of a permit	56264
that does not contain an application for a modification as	56265
described in divisions (I)(3)(a) to (d) of this section shall not	56266
be subject to division (D)(2) of this section.	56267

(I)(1) As used in this section, "modification" means a change	56268
or alteration to a hazardous waste facility or its operations that	56269
is inconsistent with or not authorized by its existing permit or	56270
authorization to operate. Modifications shall be classified as	56271
Class 1, 2, or 3 modifications in accordance with rules adopted	56272
under division (K) of this section. Modifications classified as	56273
Class 3 modifications, in accordance with rules adopted under that	56274
division, shall be further classified by the director as either	56275
Class 3 modifications that are to be approved or disapproved by	56276
the director under divisions (I)(3)(a) to (d) of this section or	56277
as Class 3 modifications that are to be approved or disapproved by	56278
the director under division (I)(5) of this section. Not later than	56279
thirty days after receiving a request for a modification under	56280
division (I)(4) of this section that is not listed in Appendix I	56281
to 40 C.F.R. 270.42 or in rules adopted under division (K) of this	56282
section, the director shall classify the modification and shall	56283
notify the owner or operator of the facility requesting the	56284
modification of the classification. Notwithstanding any other law	56285
to the contrary, a modification that involves the transfer of a	56286
hazardous waste facility installation and operation permit to a	56287
new owner or operator for any off-site facility as defined in	56288
section 3734.41 of the Revised Code shall be classified as a Class	56289
3 modification. The transfer of a hazardous waste facility	56290
installation and operation permit to a new owner or operator for a	56291
facility that is not an off-site facility shall be classified as a	56292
Class 1 modification requiring prior approval of the director.	56293

(2) Except as provided in section 3734.123 of the Revised	56294
Code, a hazardous waste facility installation and operation permit	56295
may be modified at the request of the director or upon the written	56296
request of the permittee only if any of the following applies:	56297

(a) The permittee desires to accomplish alterations,	56298
additions, or deletions to the permitted facility or to undertake	56299
alterations, additions, deletions, or activities that are	56300
inconsistent with or not authorized by the existing permit;	56301

(b) New information or data justify permit conditions in	56302
addition to or different from those in the existing permit;	56303

(c) The standards, criteria, or rules upon which the existing	56304
permit is based have been changed by new, amended, or rescinded	56305
standards, criteria, or rules, or by judicial decision after the	56306
existing permit was issued, and the change justifies permit	56307
conditions in addition to or different from those in the existing	56308
permit;	56309

(d) The permittee proposes to transfer the permit to another	56310
person.	56311

(3) The director shall approve or disapprove an application	56312
for a modification in accordance with division (D)(2) of this	56313
section and rules adopted under division (K) of this section for	56314
all of the following categories of Class 3 modifications:	56315

(a) Authority to conduct treatment, storage, or disposal at a	56316
site, location, or tract of land that has not been authorized for	56317
the proposed category of treatment, storage, or disposal activity	56318
by the facility's permit;	56319

(b) Modification or addition of a hazardous waste management	56320
unit, as defined in rules adopted under section 3734.12 of the	56321
Revised Code, that results in an increase in a facility's storage	56322
capacity of more than twenty-five per cent over the capacity	56323
authorized by the facility's permit, an increase in a facility's	56324
treatment rate of more than twenty-five per cent over the rate so	56325
authorized, or an increase in a facility's disposal capacity over	56326
the capacity so authorized. The authorized disposal capacity for a	56327
facility shall be calculated from the approved design plans for	56328
the disposal units at that facility. In no case during a five-year	56329
period shall a facility's storage capacity or treatment rate be	56330
modified to increase by more than twenty-five per cent in the	56331
aggregate without the director's approval in accordance with	56332
division (D)(2) of this section. Notwithstanding any provision of	56333
division (I) of this section to the contrary, a request for	56334
modification of a facility's annual total waste receipt limit	56335
shall be classified and approved or disapproved by the director	56336
under division (I)(5) of this section.	56337

(c) Authority to add any of the following categories of	56338
regulated activities not previously authorized at a facility by	56339
the facility's permit: storage at a facility not previously	56340
authorized to store hazardous waste, treatment at a facility not	56341
previously authorized to treat hazardous waste, or disposal at a	56342
facility not previously authorized to dispose of hazardous waste;	56343
or authority to add a category of hazardous waste management unit	56344
not previously authorized at the facility by the facility's	56345
permit. Notwithstanding any provision of division (I) of this	56346
section to the contrary, a request for authority to add or to	56347
modify an activity or a hazardous waste management unit for the	56348
purposes of performing a corrective action shall be classified and	56349
approved or disapproved by the director under division (I)(5) of	56350
this section.	56351

(d) Authority to treat, store, or dispose of waste types	56352
listed or characterized as reactive or explosive, in rules adopted	56353
under section 3734.12 of the Revised Code, or any acute hazardous	56354
waste listed in 40 C.F.R. 261.33(e), as amended, at a facility not	56355
previously authorized to treat, store, or dispose of those types	56356
of wastes by the facility's permit unless the requested authority	56357
is limited to wastes that no longer exhibit characteristics	56358
meeting the criteria for listing or characterization as reactive	56359
or explosive wastes, or for listing as acute hazardous waste, but	56360
still are required to carry those waste codes as established in	56361
rules adopted under section 3734.12 of the Revised Code because of	56362
the requirements established in 40 C.F.R. 261(a) and (e), as	56363
amended, that is, the "mixture," "derived-from," or "contained-in"	56364
regulations.	56365

(4) A written request for a modification from the permittee	56366
shall be submitted to the director and shall contain such	56367
information as is necessary to support the request. Requests for	56368
modifications shall be acted upon by the director in accordance	56369
with this section and rules adopted under it.	56370

(5) Class 1 modification applications that require prior	56371
approval of the director, as provided in division (I)(1) of this	56372
section or as determined in accordance with rules adopted under	56373
division (K) of this section, Class 2 modification applications,	56374
and Class 3 modification applications that are not described in	56375
divisions (I)(3)(a) to (d) of this section shall be approved or	56376
disapproved by the director in accordance with rules adopted under	56377
division (K) of this section. The board of county commissioners of	56378
the county, the board of township trustees of the township, and	56379
the city manager or mayor of the municipal corporation in which a	56380
hazardous waste facility is located shall receive notification of	56381
any application for a modification for that facility and shall be	56382
considered as interested persons with respect to the director's	56383
consideration of the application.	56384

As used in division (I) of this section:

56385

(a) "Owner" means the person who owns a majority or	56386
controlling interest in a facility.	56387

(b) "Operator" means the person who is responsible for the	56388
overall operation of a facility.	56389

The director shall approve or disapprove an application for a	56390
Class 1 modification that requires the director's approval within	56391
sixty days after receiving the request for modification. The	56392
director shall approve or disapprove an application for a Class 2	56393
modification within three hundred days after receiving the request	56394
for modification. The director shall approve or disapprove an	56395
application for a Class 3 modification within three hundred	56396
sixty-five days after receiving the request for modification.	56397

(6) The approval or disapproval by the director of a Class 1	56398
modification application is not a final action that is appealable	56399
under Chapter 3745. of the Revised Code. The approval or	56400
disapproval by the director of a Class 2 modification or a Class 3	56401
modification is a final action that is appealable under that	56402
chapter. In approving or disapproving a request for a	56403
modification, the director shall consider all comments pertaining	56404
to the request that are received during the public comment period	56405
and the public meetings. The administrative record for appeal of a	56406
final action by the director in approving or disapproving a	56407
request for a modification shall include all comments received	56408
during the public comment period relating to the request for	56409
modification, written materials submitted at the public meetings	56410
relating to the request, and any other documents related to the	56411
director's action.	56412

(7) Notwithstanding any other provision of law to the	56413
contrary, a change or alteration to a hazardous waste facility	56414
described in division (E)(3)(a) or (b) of section 3734.02 of the	56415
Revised Code, or its operations, is a modification for the	56416
purposes of this section. An application for a modification at	56417
such a facility shall be submitted, classified, and approved or	56418
disapproved in accordance with divisions (I)(1) to (6) of this	56419
section in the same manner as a modification to a hazardous waste	56420
facility installation and operation permit.	56421

(J)(1) Except as provided in division (J)(2) of this section,	56422
an owner or operator of a hazardous waste facility that is	56423
operating in accordance with a permit by rule under rules adopted	56424
by the director under division (E)(3)(b) of section 3734.02 of the	56425
Revised Code shall submit either a hazardous waste facility	56426
installation and operation permit application for the facility or	56427
a modification application, whichever is required under division	56428
(J)(1)(a) or (b) of this section, within one hundred eighty days	56429
after the director has requested the application or upon a later	56430
date if the owner or operator demonstrates to the director good	56431
cause for the late submittal.	56432

(a) If the owner or operator does not have a hazardous waste	56433
facility installation and operation permit for any hazardous waste	56434
treatment, storage, or disposal activities at the facility, the	56435
owner or operator shall submit an application for such a permit to	56436
the director for the activities authorized by the permit by rule.	56437
Notwithstanding any other provision of law to the contrary, the	56438
director shall approve or disapprove the application for the	56439
permit in accordance with the procedures governing the approval or	56440
disapproval of permit renewals under division (H) of this section.	56441

(b) If the owner or operator has a hazardous waste facility	56442
installation and operation permit for hazardous waste treatment,	56443
storage, or disposal activities at the facility other than those	56444
authorized by the permit by rule, the owner or operator shall	56445
submit to the director a request for modification in accordance	56446
with division (I) of this section. Notwithstanding any other	56447
provision of law to the contrary, the director shall approve or	56448
disapprove the modification application in accordance with	56449
division (I)(5) of this section.	56450

(2) The owner or operator of a boiler or industrial furnace	56451
that is conducting thermal treatment activities in accordance with	56452
a permit by rule under rules adopted by the director under	56453
division (E)(3)(b) of section 3734.02 of the Revised Code shall	56454
submit a hazardous waste facility installation and operation	56455
permit application if the owner or operator does not have such a	56456
permit for any hazardous waste treatment, storage, or disposal	56457
activities at the facility or, if the owner or operator has such a	56458
permit for hazardous waste treatment, storage, or disposal	56459
activities at the facility other than thermal treatment activities	56460
authorized by the permit by rule, a modification application to	56461
add those activities authorized by the permit by rule, whichever	56462
is applicable, within one hundred eighty days after the director	56463
has requested the submission of the application or upon a later	56464
date if the owner or operator demonstrates to the director good	56465
cause for the late submittal. The application shall be accompanied	56466
by information necessary to support the request. The director	56467
shall approve or disapprove an application for a hazardous waste	56468
facility installation and operation permit in accordance with	56469
division (D) of this section and approve or disapprove an	56470
application for a modification in accordance with division (I)(3)	56471
of this section, except that the director shall not disapprove an	56472
application for the thermal treatment activities on the basis of	56473
the criteria set forth in division (D)(2)(g) or (h) of this	56474
section.	56475

(3) As used in division (J) of this section:

56476

(a) "Modification application" means a request for a	56477
modification submitted in accordance with division (I) of this	56478
section.	56479

(b) "Thermal treatment," "boiler," and "industrial furnace"	56480
have the same meanings as in rules adopted under section 3734.12	56481
of the Revised Code.	56482

(K) The director shall adopt, and may amend, suspend, or	56483
rescind, rules in accordance with Chapter 119. of the Revised Code	56484
in order to implement divisions (H) and (I) of this section.	56485
Except when in actual conflict with this section, rules governing	56486
the classification of and procedures for the modification of	56487
hazardous waste facility installation and operation permits shall	56488
be substantively and procedurally identical to the regulations	56489
governing hazardous waste facility permitting and permit	56490
modifications adopted under the "Resource Conservation and	56491
Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as	56492
amended.	56493

Sec. 3734.06. (A)(1) Except as provided in ~~division~~	56494
divisions (A)(2), (3), ~~and~~ (4), and (5) of this section and in	56495
section 3734.82 of the Revised Code, the annual fee for a solid	56496
waste facility license shall be in accordance with the following	56497
schedule:	56498

AUTHORIZED MAXIMUM	ANNUAL	56499
DAILY WASTE	LICENSE	56500
RECEIPT (TONS)	FEE	56501
100 or less	$ 5,000	56502
101 to 200	12,500	56503
201 to 500	30,000	56504
501 or more	60,000	56505

For the purpose of determining the applicable license fee	56506
under divisions (A)(1) ~~and~~, (2), and (3) of this section, the	56507
authorized maximum daily waste receipt shall be the maximum amount	56508
of wastes the facility is authorized to receive daily that is	56509
established in the permit for the facility, and any modifications	56510
to that permit, issued under division (A)(2) or (3) of section	56511
3734.05 of the Revised Code; the annual license for the facility,	56512
and any revisions to that license, issued under division (A)(1) of	56513
section 3734.05 of the Revised Code; the approved operating plan	56514
or operational report for which submission and approval are	56515
required by rules adopted by the director of environmental	56516
protection under section 3734.02 of the Revised Code; an order	56517
issued by the director as authorized by rule; or the updated	56518
engineering plans, specifications, and facility and operation	56519
information approved under division (A)(4) of section 3734.05 of	56520
the Revised Code. If no authorized maximum daily waste receipt is	56521
so established, the annual license fee is sixty thousand dollars	56522
under division (A)(1) of this section and thirty thousand dollars	56523
under ~~division~~divisions (A)(2) and (3) of this section.	56524

The authorized maximum daily waste receipt set forth in any	56525
such document shall be stated in terms of cubic yards of volume	56526
for the purpose of regulating the design, construction, and	56527
operation of a solid waste facility. For the purpose of	56528
determining applicable license fees under this section, the	56529
authorized maximum daily waste receipt so stated shall be	56530
converted from cubic yards to tons as the unit of measurement	56531
based upon a conversion factor of three cubic yards per ton for	56532
compacted wastes generally and one cubic yard per ton for baled	56533
wastes.	56534

(2) The annual license fee for a facility that is an	56535
incinerator facility is one-half the amount shown in division	56536
(A)(1) of this section. When a municipal corporation, county, or	56537
township owns and operates more than one incinerator within its	56538
boundaries, the municipal corporation, county, or township shall	56539
pay one fee for the licenses for all of its incinerators. The fee	56540
shall be determined on the basis of the aggregate maximum daily	56541
waste receipt for all the incinerators owned and operated by the	56542
municipal corporation, county, or township in an amount that is	56543
one-half the amount shown in division (A)(1) of this section.	56544

(3) The annual fee for a solid waste compost facility license	56545
shall be in accordance with the following schedule:	56546

AUTHORIZED MAXIMUM	ANNUAL	56547
DAILY WASTE	LICENSE	56548
RECEIPT (TONS)	FEE	56549
12 or less	$ 300	56550
13 to 25	600	56551
26 to 50	1,200	56552
51 to 75	1,800	56553
76 to 100	2,500	56554
101 to ~~200~~ 150	~~6,250~~ 3,750	56555
151 to 200	5,000	56556
201 to ~~500~~ 250	~~15,000~~ 6,250	56557
251 to 300	7,500	56558
301 to 400	10,000	56559
401 to 500	12,500	56560
501 or more	30,000	56561

~~(3)~~(4) The annual license fee for a solid waste facility,	56562
regardless of its authorized maximum daily waste receipt, is five	56563
thousand dollars for a facility meeting either of the following	56564
qualifications:	56565

(a) The facility is owned by a generator of solid wastes when	56566
the solid waste facility exclusively disposes of solid wastes	56567
generated at one or more premises owned by the generator	56568
regardless of whether the facility is located on a premises where	56569
the wastes are generated;.	56570

(b) The facility exclusively disposes of wastes that are	56571
generated from the combustion of coal, or from the combustion of	56572
primarily coal in combination with scrap tires, that is not	56573
combined in any way with garbage at one or more premises owned by	56574
the generator.	56575

~~(4)~~(5) The annual license fee for a facility that is a	56576
transfer facility is seven hundred fifty dollars.	56577

~~(5)~~(6) The same fees shall apply to private operators and to	56578
the state and its political subdivisions and shall be paid within	56579
thirty days after issuance of a license. The fee includes the cost	56580
of licensing, all inspections, and other costs associated with the	56581
administration of the solid waste provisions of this chapter and	56582
rules adopted under them, excluding the provisions governing scrap	56583
tires. Each such license shall specify that it is conditioned upon	56584
payment of the applicable fee to the board of health or the	56585
director, as appropriate, within thirty days after issuance of the	56586
license.	56587

(B) The board of health shall retain two thousand five	56588
hundred dollars of each license fee collected by the board under	56589
divisions (A)(1), (2), ~~and~~ (3), and (4) of this section or the	56590
entire amount of any such fee that is less than two thousand five	56591
hundred dollars. The moneys retained shall be paid into a special	56592
fund, which is hereby created in each health district, and used	56593
solely to administer and enforce the solid waste provisions of	56594
this chapter and the rules adopted under them, excluding the	56595
provisions governing scrap tires. The remainder of each license	56596
fee collected by the board shall be transmitted to the director	56597
within forty-five days after receipt of the fee. The director	56598
shall transmit these moneys to the treasurer of state to be	56599
credited to the general revenue fund. The board of health shall	56600
retain the entire amount of each fee collected under division	56601
(A)~~(4)~~(5) of this section, which moneys shall be paid into the	56602
special fund of the health district.	56603

(C)(1) Except as provided in divisions (C)(2) and (3) of this	56604
section, the annual fee for an infectious waste treatment facility	56605
license shall be in accordance with the following schedule:	56606

AVERAGE	ANNUAL	56607
DAILY WASTE	LICENSE	56608
RECEIPT (TONS)	FEE	56609
100 or less	$ 5,000	56610
101 to 200	12,500	56611
201 to 500	30,000	56612
501 or more	60,000	56613

For the purpose of determining the applicable license fee	56614
under divisions (C)(1) and (2) of this section, the average daily	56615
waste receipt shall be the average amount of infectious wastes the	56616
facility is authorized to receive daily that is established in the	56617
permit for the facility, and any modifications to that permit,	56618
issued under division (B)(2)(b) or (d) of section 3734.05 of the	56619
Revised Code; or the annual license for the facility, and any	56620
revisions to that license, issued under division (B)(2)(a) of	56621
section 3734.05 of the Revised Code. If no average daily waste	56622
receipt is so established, the annual license fee is sixty	56623
thousand dollars under division (C)(1) of this section and thirty	56624
thousand dollars under division (C)(2) of this section.	56625

(2) The annual license fee for an infectious waste treatment	56626
facility that is an incinerator is one-half the amount shown in	56627
division (C)(1) of this section.	56628

(3) Fees levied under divisions (C)(1) and (2) of this	56629
section shall apply to private operators and to the state and its	56630
political subdivisions and shall be paid within thirty days after	56631
issuance of a license. The fee includes the cost of licensing, all	56632
inspections, and other costs associated with the administration of	56633
the infectious waste provisions of this chapter and rules adopted	56634
under them. Each such license shall specify that it is conditioned	56635
upon payment of the applicable fee to the board of health or the	56636
director, as appropriate, within thirty days after issuance of the	56637
license.	56638

(4) The board of health shall retain two thousand five	56639
hundred dollars of each license fee collected by the board under	56640
divisions (C)(1) and (2) of this section. The moneys retained	56641
shall be paid into a special infectious waste fund, which is	56642
hereby created in each health district, and used solely to	56643
administer and enforce the infectious waste provisions of this	56644
chapter and the rules adopted under them. The remainder of each	56645
license fee collected by the board shall be transmitted to the	56646
director within forty-five days after receipt of the fee. The	56647
director shall transmit these moneys to the treasurer of state to	56648
be credited to the general revenue fund.	56649

Sec. 3734.18. (A) As used in this section:

56650

(1) "On-site facility" means a facility that treats or	56651
disposes of hazardous waste that is generated on the premises of	56652
the facility.	56653

(2) "Off-site facility" means a facility that treats or	56654
disposes of hazardous waste that is generated off the premises of	56655
the facility.	56656

(3) "Satellite facility" means any of the following:

56657

(a) An on-site facility that also receives hazardous waste	56658
from other premises owned by the same person who generates the	56659
waste on the facility premises;	56660

(b) An off-site facility operated so that all of the	56661
hazardous waste it receives is generated on one or more premises	56662
owned by the person who owns the facility;	56663

(c) An on-site facility that also receives hazardous waste	56664
that is transported uninterruptedly and directly to the facility	56665
through a pipeline from a generator who is not the owner of the	56666
facility.	56667

(B) A treatment or disposal facility that is subject to the	56668
fees that are levied under this section may be both an on-site	56669
facility and an off-site facility. The determination of whether an	56670
on-site facility fee or an off-site facility fee is to be paid for	56671
a hazardous waste that is treated or disposed of at the facility	56672
shall be based on whether that hazardous waste was generated on or	56673
off the premises of the facility.	56674

(C) There are hereby levied fees on the disposal of hazardous	56675
waste to be collected according to the following schedule at each	56676
disposal facility to which a hazardous waste facility installation	56677
and operation permit or renewal of a permit has been issued under	56678
this chapter or that is operating in accordance with a permit by	56679
rule under rules adopted by the director of environmental	56680
protection:	56681

(1) For disposal facilities that are off-site facilities,	56682
fees shall be levied at the rate of four dollars and fifty cents	56683
per ton for hazardous waste disposed of by deep well injection and	56684
nine dollars per ton for hazardous waste disposed of by land	56685
application or landfilling. The owner or operator of the facility,	56686
as a trustee for the state, shall collect the fees and forward	56687
them to the director in accordance with rules adopted under this	56688
section.	56689

(2) For disposal facilities that are on-site or satellite	56690
facilities, fees shall be levied at the rate of two dollars per	56691
ton for hazardous waste disposed of by deep well injection and	56692
four dollars per ton for hazardous waste disposed of by land	56693
application or landfilling. The maximum annual disposal fee for an	56694
on-site disposal facility that disposes of one hundred thousand	56695
tons or less of hazardous waste in a year is twenty-five thousand	56696
dollars. The maximum annual disposal fee for an on-site facility	56697
that disposes of more than one hundred thousand tons of hazardous	56698
waste in a year by land application or landfilling is fifty	56699
thousand dollars, and the maximum annual fee for an on-site	56700
facility that disposes of more than one hundred thousand tons of	56701
hazardous waste in a year by deep well injection is one hundred	56702
thousand dollars. The maximum annual disposal fee for a satellite	56703
facility that disposes of one hundred thousand tons or less of	56704
hazardous waste in a year is thirty-seven thousand five hundred	56705
dollars, and the maximum annual disposal fee for a satellite	56706
facility that disposes of more than one hundred thousand tons of	56707
hazardous waste in a year is seventy-five thousand dollars, except	56708
that a satellite facility defined under division (A)(3)(b) of this	56709
section that receives hazardous waste from a single generation	56710
site is subject to the same maximum annual disposal fees as an	56711
on-site disposal facility. The owner or operator shall pay the fee	56712
to the director each year upon the anniversary of the date of	56713
issuance of the owner's or operator's installation and operation	56714
permit during the term of that permit and any renewal permit	56715
issued under division (H) of section 3734.05 of the Revised Code	56716
or on the anniversary of the date of a permit by rule. If payment	56717
is late, the owner or operator shall pay an additional ten per	56718
cent of the amount of the fee for each month that it is late.	56719

(D) There are hereby levied fees at the rate of two dollars	56720
per ton on hazardous waste that is treated at treatment facilities	56721
that are not on-site or satellite facilities to which a hazardous	56722
waste facility installation and operation permit or renewal of a	56723
permit has been issued under this chapter, whose owner or operator	56724
is operating in accordance with a permit by rule under rules	56725
adopted by the director, or that are not subject to the hazardous	56726
waste facility installation and operation permit requirements	56727
under rules adopted by the director.	56728

(E) There are hereby levied additional fees on the treatment	56729
and disposal of hazardous waste at the rate of ten per cent of the	56730
applicable fees prescribed in division (C) or (D) of this section	56731
for the purposes of paying the costs of municipal corporations and	56732
counties for conducting reviews of applications for hazardous	56733
waste facility installation and operation permits for proposed new	56734
or modified hazardous waste landfills within their boundaries,	56735
emergency response actions with respect to releases of hazardous	56736
waste from hazardous waste facilities within their boundaries,	56737
monitoring the operation of such hazardous waste facilities, and	56738
local waste management planning programs. The owner or operator of	56739
a facility located within a municipal corporation, as a trustee	56740
for the municipal corporation, shall collect the fees levied by	56741
this division and forward them to the treasurer of the municipal	56742
corporation or such officer as, by virtue of the charter, has the	56743
duties of the treasurer in accordance with rules adopted under	56744
this section. The owner or operator of a facility located in an	56745
unincorporated area, as a trustee of the county in which the	56746
facility is located, shall collect the fees levied by this	56747
division and forward them to the county treasurer of that county	56748
in accordance with rules adopted under this section. The owner or	56749
operator shall pay the fees levied by this division to the	56750
treasurer or such other officer of the municipal corporation or to	56751
the county treasurer each year upon the anniversary of the date of	56752
issuance of the owner's or operator's installation and operation	56753
permit during the term of that permit and any renewal permit	56754
issued under division (H) of section 3734.05 of the Revised Code	56755
or on the anniversary of the date of a permit by rule or the date	56756
on which the facility became exempt from hazardous waste facility	56757
installation and operation permit requirements under rules adopted	56758
by the director. If payment is late, the owner or operator shall	56759
pay an additional ten per cent of the amount of the fee for each	56760
month that the payment is late.	56761

Moneys received by a municipal corporation under this	56762
division shall be paid into a special fund of the municipal	56763
corporation and used exclusively for the purposes of conducting	56764
reviews of applications for hazardous waste facility installation	56765
and operation permits for new or modified hazardous waste	56766
landfills located or proposed within the municipal corporation,	56767
conducting emergency response actions with respect to releases of	56768
hazardous waste from facilities located within the municipal	56769
corporation, monitoring operation of such hazardous waste	56770
facilities, and conducting waste management planning programs	56771
within the municipal corporation through employees of the	56772
municipal corporation or pursuant to contracts entered into with	56773
persons or political subdivisions. Moneys received by a board of	56774
county commissioners under this division shall be paid into a	56775
special fund of the county and used exclusively for those purposes	56776
within the unincorporated area of the county through employees of	56777
the county or pursuant to contracts entered into with persons or	56778
political subdivisions.	56779

(F) As used in this section, "treatment" or "treated" does	56780
not include any method, technique, or process designed to recover	56781
energy or material resources from the waste or to render the waste	56782
amenable for recovery. The fees levied by division (D) of this	56783
section do not apply to hazardous waste that is treated and	56784
disposed of on the same premises or by the same person.	56785

(G) The director, by rules adopted in accordance with	56786
Chapters 119. and 3745. of the Revised Code, shall prescribe any	56787
dates not specified in this section and procedures for collecting	56788
and forwarding the fees prescribed by this section and may	56789
prescribe other requirements that are necessary to carry out this	56790
section.	56791

The director shall deposit the moneys collected under	56792
divisions (C) and (D) of this section ~~into one or more minority~~	56793
~~banks, as "minority bank" is defined in division (F)(1) of section~~	56794
~~135.04 of the Revised Code,~~ to the credit of the hazardous waste	56795
facility management fund, which is hereby created in the state	56796
treasury, except that the director shall deposit to the credit of	56797
the underground injection control fund created in section 6111.046	56798
of the Revised Code moneys in excess of fifty thousand dollars	56799
that are collected during a fiscal year under division (C)(2) of	56800
this section from the fee levied on the disposal of hazardous	56801
waste by deep well injection at an on-site disposal facility that	56802
disposes of more than one hundred thousand tons of hazardous waste	56803
in a year.	56804

The environmental protection agency may use moneys in the	56805
hazardous waste facility management fund for administration of the	56806
hazardous waste program established under this chapter and, in	56807
accordance with this section, may request approval by the	56808
controlling board on an annual basis for that use ~~on an annual~~	56809
~~basis. In addition, the agency may use and pledge moneys in that~~	56810
~~fund for repayment of and for interest on any loans made by the~~	56811
~~Ohio water development authority to the agency for the hazardous~~	56812
~~waste program established under this chapter without the necessity~~	56813
~~of requesting approval by the controlling board, which use and~~	56814
~~pledge shall have priority over any other use of the moneys in the~~	56815
~~fund~~and for the purposes specified in sections 3734.19 to 3734.27	56816
of the Revised Code.	56817

~~Until September 28, 1996, the director also may use moneys in~~	56818
~~the fund to pay the start-up costs of administering Chapter 3746.~~	56819
~~of the Revised Code.~~	56820

If moneys in the fund that the agency uses in accordance with	56821
this chapter are reimbursed by grants or other moneys from the	56822
United States government, the grants or other moneys shall be	56823
placed in the fund.	56824

Before the agency makes any expenditure from the fund other	56825
than for repayment of and interest on any loan made by the Ohio	56826
water development authority to the agency ~~in accordance with this~~	56827
~~section~~, the controlling board shall approve the expenditure.	56828

Sec. 3734.19. (A) If the legislative or executive authority	56829
of a municipal corporation, county, or township has evidence to	56830
indicate that locations within its boundaries once served as	56831
hazardous waste facilities or that significant quantities of	56832
hazardous waste were disposed of in solid waste facilities within	56833
its boundaries, it may file a formal written request with the	56834
director of environmental protection, accompanied by supporting	56835
evidence, to survey the locations or facilities.	56836

Upon receipt of a request and a review of the evidence	56837
submitted with the request, the director shall conduct an	56838
investigation to determine if hazardous waste was actually	56839
treated, stored, or disposed of at the locations or facilities	56840
and, if so, to determine the nature and approximate quantity and	56841
types of the waste treated, stored, or disposed of at the	56842
particular locations or facilities. In addition, the director	56843
shall determine whether the locations or facilities, because of	56844
their present condition and the nature and quantities of waste	56845
treated, stored, or disposed of therein, result or are likely to	56846
result in air pollution, pollution of the waters of the state, or	56847
soil contamination or constitute a present or imminent and	56848
substantial threat to public health or safety. The director shall	56849
report the findings of ~~his~~the investigation to the municipal	56850
corporation, county, or township requesting the survey.	56851

For the purpose of conducting investigations under this	56852
section, the director or ~~his~~the director's authorized	56853
representative may enter upon any public or private property. The	56854
director or ~~his~~the director's authorized representative may apply	56855
for, and any judge of a court of common pleas shall issue, an	56856
appropriate search warrant necessary to achieve the purposes of	56857
this section within the court's territorial jurisdiction. When	56858
conducting investigations under this section, the director shall	56859
cause no unnecessary damage to any property. The director may	56860
expend moneys from the hazardous waste facility management fund	56861
created in section 3734.18 of the Revised Code, the hazardous	56862
waste clean-up fund created in section 3734.28 of the Revised	56863
Code, or the environmental protection remediation fund created in	56864
section 3734.281 of the Revised Code for conducting	56865
investigations.	56866

(B) As used in this section and in sections 3734.20, 3734.21,	56867
3734.23, 3734.25, and 3734.26 of the Revised Code, "soil	56868
contamination" means the presence in or on the soil of any	56869
hazardous waste or hazardous waste residue resulting from the	56870
discharge, deposit, injection, dumping, spilling, leaking,	56871
emitting, or placing into or on the soil of hazardous waste or	56872
hazardous waste residue, or any material that when discharged,	56873
deposited, injected, dumped, spilled, leaked, emitted, or placed	56874
into or on the soil becomes a hazardous waste, in any quantity or	56875
having any characteristics that are or threaten to be injurious to	56876
public health or safety, plant or animal life, or the environment	56877
or that unreasonably interfere with the comfortable enjoyment of	56878
life or property.	56879

Sec. 3734.20. (A) If the director of environmental	56880
protection has reason to believe that hazardous waste was treated,	56881
stored, or disposed of at any location within the state, the	56882
director may conduct such investigations and make such inquiries,	56883
including obtaining samples and examining and copying records, as	56884
are reasonable or necessary to determine if conditions at a	56885
hazardous waste facility, solid waste facility, or other location	56886
where the director has reason to believe hazardous waste was	56887
treated, stored, or disposed of constitute a substantial threat to	56888
public health or safety or are causing or contributing to or	56889
threatening to cause or contribute to air or water pollution or	56890
soil contamination. The director or the director's authorized	56891
representative may apply for, and any judge of a court of common	56892
pleas shall issue, an appropriate search warrant necessary to	56893
achieve the purposes of this section within the court's	56894
territorial jurisdiction. The director may expend moneys from the	56895
hazardous waste facility management fund created in section	56896
3734.18 of the Revised Code, the hazardous waste clean-up fund	56897
created in section 3734.28 of the Revised Code, or the	56898
environmental protection remediation fund created in section	56899
3734.281 of the Revised Code for conducting investigations under	56900
this section.	56901

(B) If the director determines that conditions at a hazardous	56902
waste facility, solid waste facility, or other location where	56903
hazardous waste was treated, stored, or disposed of constitute a	56904
substantial threat to public health or safety or are causing or	56905
contributing to or threatening to cause or contribute to air or	56906
water pollution or soil contamination, the director shall initiate	56907
appropriate action under this chapter or Chapter 3704. or 6111. of	56908
the Revised Code or seek any other appropriate legal or equitable	56909
remedies to abate the pollution or contamination or to protect	56910
public health or safety.	56911

If an order of the director to abate or prevent air or water	56912
pollution or soil contamination or to remedy a threat to public	56913
health or safety caused by conditions at such a facility issued	56914
pursuant to this chapter or Chapter 3704. or 6111. of the Revised	56915
Code is not wholly complied with within the time prescribed in the	56916
order, the director may, through officers or employees of the	56917
environmental protection agency or through contractors employed	56918
for that purpose in accordance with the bidding procedure	56919
established in division (C) of section 3734.23 of the Revised	56920
Code, enter upon the facility and perform those measures necessary	56921
to abate or prevent air or water pollution or soil contamination	56922
from the facility or to protect public health or safety,	56923
including, but not limited to, measures prescribed in division (B)	56924
of section 3734.23 of the Revised Code. The director shall keep an	56925
itemized record of the cost of the investigation and measures	56926
performed, including costs for labor, materials, and any contract	56927
services required. Upon completion of the investigation or	56928
measures, the director shall record the cost of performing those	56929
measures at the office of the county recorder of the county in	56930
which the facility is located. The cost so recorded constitutes a	56931
lien against the property on which the facility is located until	56932
discharged. Upon written request of the director, the attorney	56933
general shall institute a civil action to recover the cost. Any	56934
moneys so received shall be credited to the hazardous waste	56935
facility management fund, the hazardous waste clean-up fund, or	56936
the environmental protection remediation fund, as applicable.	56937

When entering upon a facility under this division, the	56938
director shall perform or cause to be performed only those	56939
measures necessary to abate or prevent air or water pollution or	56940
soil contamination caused by conditions at the facility or to	56941
abate threats to public health or safety caused by conditions at	56942
the facility. For this purpose the director may expend moneys from	56943
~~either~~the hazardous waste facility management fund, the hazardous	56944
waste clean-up fund, or the environmental protection remediation	56945
fund and may expend moneys from loans from the Ohio water	56946
development authority to the environmental protection agency that	56947
pledge moneys from ~~either~~the hazardous waste facility management	56948
fund, the hazardous waste clean-up fund, or the environmental	56949
protection remediation fund for the repayment of and for the	56950
interest on such loans.	56951

Sec. 3734.21. (A) The director of environmental protection	56952
may expend moneys credited to the hazardous waste facility	56953
management fund created in section 3734.18 of the Revised Code,	56954
the hazardous waste clean-up fund created in section 3734.28 of	56955
the Revised Code, or the environmental protection remediation fund	56956
created in section 3734.281 of the Revised Code for the payment of	56957
the cost of measures necessary for the proper closure of hazardous	56958
waste facilities or any solid waste facilities containing	56959
significant quantities of hazardous waste, for the payment of	56960
costs of the development and construction of suitable hazardous	56961
waste facilities required by division (B) of section 3734.23 of	56962
the Revised Code to the extent the director determines that such	56963
facilities are not available, and for the payment of costs that	56964
are necessary to abate conditions thereon that are causing or	56965
contributing to or threatening to cause or contribute to air or	56966
water pollution or soil contamination or that constitute a	56967
substantial threat to public health or safety. In addition, the	56968
director may expend and pledge moneys credited to ~~either~~the	56969
hazardous waste facility management fund, the hazardous waste	56970
clean-up fund, or the environmental protection remediation fund	56971
for repayment of and for interest on any loan made by the Ohio	56972
water development authority to the environmental protection agency	56973
for the payment of such costs.	56974

(B) Before beginning to clean up any facility under this	56975
section, the director shall develop a plan for the cleanup and an	56976
estimate of the cost thereof. The plan shall include only those	56977
measures necessary to abate conditions thereon that are causing or	56978
contributing to or threatening to cause or contribute to air or	56979
water pollution or soil contamination or that constitute a	56980
substantial threat to public health or safety, including, but not	56981
limited to, establishment and maintenance of an adequate cover of	56982
soil and vegetation on any facility for the burial of hazardous	56983
waste to prevent the infiltration of water into cells where	56984
hazardous waste is buried, the accumulation or runoff of	56985
contaminated surface water, the production of leachate, and air	56986
emissions of hazardous waste; the collection and treatment of	56987
contaminated surface water runoff; the collection and treatment of	56988
leachate; or, if conditions so require, the removal of hazardous	56989
waste from the facility and the treatment or disposal of the waste	56990
at a suitable hazardous waste facility. The plan or any part of	56991
the plan for the cleanup of the facility shall be carried out by	56992
entering into contracts therefor in accordance with the procedures	56993
established in division (C) of section 3734.23 of the Revised	56994
Code.	56995

Sec. 3734.22. Before beginning to clean up any facility	56996
under section 3734.21 of the Revised Code, the director of	56997
environmental protection shall endeavor to enter into an agreement	56998
with the owner of the land on which the facility is located, or	56999
with the owner of the facility, specifying the measures to be	57000
performed and authorizing the director, employees of the agency,	57001
or contractors retained by the director to enter upon the land and	57002
perform the specified measures.	57003

Each agreement may contain provisions for the reimbursement	57004
of the state for the costs of the cleanup.	57005

All reimbursements and payments shall be credited to the	57006
hazardous waste facility management fund created in section	57007
3734.18 of the Revised Code, the hazardous waste clean-up fund	57008
created in section 3734.28 of the Revised Code, or the	57009
environmental protection remediation fund created in section	57010
3734.281 of the Revised Code, as applicable.	57011

The agreement may require the owner to execute an easement	57012
whereby the director, an authorized employee of the agency, or a	57013
contractor employed by the agency in accordance with the bidding	57014
procedure established in division (C) of section 3734.23 of the	57015
Revised Code may enter upon the facility to sample, repair, or	57016
reconstruct air and water quality monitoring equipment constructed	57017
under the agreement. Such easements shall be for a specified	57018
period of years and may be extinguished by agreement between the	57019
owner and the director. When necessary to protect the public	57020
health or safety, the agreement may require the owner to enter	57021
into an environmental covenant with the director in accordance	57022
with sections 5301.80 to 5301.92 of the Revised Code.	57023

Upon a breach of the reimbursement provisions of the	57024
agreement by the owner of the land or facility, or upon	57025
notification to the director by the owner that the owner is unable	57026
to perform the duties under the reimbursement provisions of the	57027
agreement, the director may record the unreimbursed portion of the	57028
costs of cleanup at the office of the county recorder of the	57029
county in which the facility is located. The costs so recorded	57030
constitute a lien against the property on which the facility is	57031
located until discharged. Upon written request of the director,	57032
the attorney general shall institute a civil action to recover the	57033
unreimbursed portion of the costs of cleanup. Any moneys so	57034
recovered shall be credited to the hazardous waste facility	57035
management fund, the hazardous waste clean-up fund, or the	57036
environmental protection remediation fund, as applicable.	57037

Sec. 3734.23. (A) The director of environmental protection	57038
may acquire by purchase, gift, donation, contribution, or	57039
appropriation in accordance with sections 163.01 to 163.21 of the	57040
Revised Code any hazardous waste facility or any solid waste	57041
facility containing significant quantities of hazardous waste	57042
that, because of its condition and the types and quantities of	57043
hazardous waste contained in the facility, constitutes an imminent	57044
and substantial threat to public health or safety or results in	57045
air pollution, pollution of the waters of the state, or soil	57046
contamination. For this purpose and for the purposes of division	57047
(B) of this section, the director may expend moneys from the	57048
hazardous waste facility management fund created in section	57049
3734.18 of the Revised Code, the hazardous waste clean-up fund	57050
created in section 3734.28 of the Revised Code, or the	57051
environmental protection remediation fund created in section	57052
3734.281 of the Revised Code and may expend moneys from loans from	57053
the Ohio water development authority to the environmental	57054
protection agency that pledge moneys from ~~either~~the hazardous	57055
waste facility management fund, the hazardous waste clean-up fund,	57056
or the environmental protection remediation fund for the repayment	57057
of and for the interest on such loans. Any lands or facilities	57058
purchased or acquired under this section shall be deeded to the	57059
state, but no deed shall be accepted or the purchase price paid	57060
until the title has been approved by the attorney general.	57061

(B) The director shall, with respect to any land or facility	57062
acquired under this section or cleaned up under section 3734.20 of	57063
the Revised Code, perform closure or other measures necessary to	57064
abate conditions thereon that are causing or contributing to or	57065
threatening to cause or contribute to air or water pollution or	57066
soil contamination or that constitute a substantial threat to	57067
public health or safety, including, but not limited to,	57068
establishment and maintenance of an adequate cover of soil and	57069
vegetation on any facility for the burial of hazardous waste to	57070
prevent the infiltration of water into cells where hazardous waste	57071
is buried, the accumulation or runoff of contaminated surface	57072
water, the production of leachate, and air emissions of hazardous	57073
waste; the collection and treatment of contaminated surface water	57074
runoff; the collection and treatment of leachate; or, if	57075
conditions so require, the removal of hazardous waste from the	57076
facility and the treatment or disposal of the waste at a suitable	57077
hazardous waste facility. After performing these measures, the	57078
director shall provide for the post-closure care, maintenance, and	57079
monitoring of facilities cleaned up under this section.	57080

(C) Before proceeding to clean up any facility under this	57081
section or section 3734.20 or 3734.21 of the Revised Code, the	57082
director shall develop a plan for the cleanup of the facility and	57083
an estimate of the cost thereof. The director may carry out the	57084
plan or any part of the plan by contracting for the services,	57085
construction, and repair necessary therefor. The director shall	57086
award each such contract to the lowest responsible bidder after	57087
sealed bids therefor are received, opened, and published at the	57088
time fixed by the director and notice of the time and place at	57089
which the sealed bids will be received, opened, and published has	57090
been published by the director in a newspaper of general	57091
circulation in the county in which the facility to be cleaned up	57092
under the contract is located at least once within the ten days	57093
before the opening of the bids. However, if after advertising for	57094
bids for the contract, no bids are received by the director at the	57095
time and place fixed for receiving them, the director may	57096
advertise again for bids, or the director may, if the director	57097
considers the public interest will best be served thereby, enter	57098
into a contract for the cleanup of the facility without further	57099
advertisement for bids. The director may reject any or all bids	57100
received and fix and publish again notice of the time and place at	57101
which bids for the contracts will be received, opened, and	57102
published.	57103

(D) The director shall keep an itemized record of the costs	57104
of any acquisition under division (A) of this section and the	57105
costs of cleanup under division (B) of this section.	57106

Sec. 3734.24. After the cleanup of a solid waste facility or	57107
a hazardous waste facility acquired and cleaned up under section	57108
3734.23 of the Revised Code, the director of environmental	57109
protection may, if the facility is suitable for use by any other	57110
state department, agency, office, or institution and if the	57111
proposed use of the facility is compatible with the condition of	57112
the facility as cleaned up, transfer the facility to that state	57113
department, agency, office, or institution. The director shall	57114
continue to provide for the post-closure care, maintenance, and	57115
monitoring of any such cleaned-up facility as required by section	57116
3734.23 of the Revised Code.	57117

If the director determines that any facility so cleaned up is	57118
suitable, because of its condition as cleaned up, for restricted	57119
or unrestricted use, the director may, with the approval of the	57120
attorney general, sell the facility if the sale is advantageous to	57121
the state. Prior to selling the cleaned-up facility, the director	57122
shall, when necessary to protect public health or safety, enter	57123
into an environmental covenant in accordance with sections 5301.80	57124
to 5301.92 of the Revised Code. When selling any such cleaned-up	57125
facility, the director shall retain the right to enter upon the	57126
facility, in person or by an authorized agent, to provide for the	57127
post-closure care, maintenance, and monitoring of the facility.	57128
The director shall provide for the post-closure care, maintenance,	57129
and monitoring of any such facility sold as required by section	57130
3734.23 of the Revised Code.	57131

With the approval of the attorney general, the director may	57132
grant easements or leases on any such cleaned-up facility if the	57133
director determines that the use of the facility under the	57134
easement or lease is compatible with its condition as cleaned up.	57135

Any moneys derived from the sale of such cleaned-up	57136
facilities or from payments from easements or leases shall be	57137
credited to the hazardous waste facility management fund created	57138
in section 3734.18 of the Revised Code, the hazardous waste	57139
clean-up fund created in section 3734.28 of the Revised Code, or	57140
the environmental protection remediation fund created in section	57141
3734.281 of the Revised Code, as applicable.	57142

Sec. 3734.25. (A) The director of environmental protection	57143
may make grants of moneys from the hazardous waste facility	57144
management fund created in section 3734.18 of the Revised Code or	57145
the hazardous waste clean-up fund created in section 3734.28 of	57146
the Revised Code for payment by the state of up to two-thirds of	57147
the reasonable and necessary expenses incurred by a municipal	57148
corporation, county, or township for the proper closure of or	57149
abatement of air or water pollution or soil contamination from a	57150
solid waste facility in which significant quantities of hazardous	57151
waste were disposed of and that the political subdivision owns and	57152
once operated.	57153

(B) A municipal corporation, county, or township shall submit	57154
an application for a grant on forms provided by the director,	57155
together with detail plans and specifications indicating the	57156
measures to be performed, an itemized estimate of the project's	57157
cost, a description of the project's benefits, and such other	57158
information as the director prescribes. The plan for closure or	57159
abatement of air or water pollution or soil contamination may be	57160
prepared in consultation with the director or the board of health	57161
of the city or general health district in which the facility is	57162
located. The director may award the applicant a grant only if the	57163
director finds that the proposed measures will provide for the	57164
proper closure of the facility and will abate or prevent air or	57165
water pollution or soil contamination, including, but not limited	57166
to, those measures necessary or desirable to:	57167

(1) In the case of a facility at which land burial of	57168
hazardous waste occurred, establish and maintain a suitable cover	57169
of soil and vegetation over the cells in which waste is buried in	57170
order to minimize erosion, the infiltration of surface water into	57171
the cells, the production of leachate, and the accumulation or	57172
runoff of contaminated surface waters and to prevent air emissions	57173
of hazardous waste from the facility;	57174

(2) Collect and treat contaminated surface water runoff from	57175
the facility;	57176

(3) Collect and treat leachate produced at the facility;

57177

(4) Install test wells and other equipment or facilities to	57178
monitor the quality of surface waters receiving runoff from the	57179
facility or to monitor air emissions of hazardous waste from the	57180
facility;	57181

(5) Regularly monitor and analyze surface water runoff from	57182
the facility, the quality of waters receiving the runoff, and	57183
ground water quality in the vicinity of the facility, and	57184
regularly monitor leachate collection and treatment systems	57185
installed under the grant and analyze samples from them;	57186

(6) Remove and dispose of hazardous waste from the facility	57187
at a suitable hazardous waste disposal facility where necessary to	57188
protect public health or safety or to prevent or abate air or	57189
water pollution or soil contamination.	57190

(C) The director shall determine the amount of the grant	57191
based upon the director's determination of what constitutes	57192
reasonable and necessary expenses for the proper closure of the	57193
facility or for the prevention or elimination of air or water	57194
pollution or soil contamination from the facility. In making a	57195
grant, the director shall enter into a contract with the municipal	57196
corporation, county, or township that owns the facility to ensure	57197
that the moneys granted are used for the purposes of this section	57198
and that measures performed are properly done. The final payment	57199
under a grant may not be made until the director inspects and	57200
approves the completed cleanup.	57201

The contract shall require the municipal corporation, county,	57202
or township to execute an easement whereby the director, an	57203
authorized employee of the agency, or a contractor employed by the	57204
director may enter upon the facility to sample, repair, or	57205
reconstruct air and water quality monitoring equipment constructed	57206
under the contract. Such easements shall be for a specified period	57207
of years and may be extinguished by agreement between the	57208
political subdivision and the director.	57209

When necessary to protect public health or safety, the	57210
contract may require the municipal corporation, county, or	57211
township to enter into an environmental covenant with the director	57212
in accordance with sections 5301.80 to 5301.92 of the Revised	57213
Code.	57214

Sec. 3734.26. (A) The director of environmental protection	57215
may make grants of moneys from the hazardous waste facility	57216
management fund created in section 3734.18 of the Revised Code or	57217
the hazardous waste clean-up fund created in section 3734.28 of	57218
the Revised Code to the owner, other than a political subdivision,	57219
of a solid waste facility in which significant quantities of	57220
hazardous waste were disposed of or a hazardous waste facility for	57221
up to fifty per cent of the cost of the reasonable and necessary	57222
expenses incurred for the proper closure of or abatement or	57223
prevention of air or water pollution or soil contamination from	57224
the facility and for developing the land on which it was located	57225
for use in industry, commerce, distribution, or research.	57226

The director shall not make grants to the owner of any land	57227
on which such facilities are located if the owner at any time	57228
owned or operated the facility located thereon for profit or in	57229
conjunction with any profit-making enterprise located in this	57230
state or to any person who at any time owned or operated a	57231
facility concerning which the director has taken action under	57232
section 3734.20, 3734.22, or 3734.23 of the Revised Code. However,	57233
the director may make grants under this section to any subsequent	57234
owner of the land, provided that the person has no affiliation	57235
with any person who owned or operated the facility located on the	57236
land for profit or in conjunction with any profit-making	57237
enterprise located in this state or who owned or operated a	57238
facility concerning which the director has taken action under	57239
section 3734.20, 3734.22, or 3734.23 of the Revised Code.	57240

(B) The owner shall submit an application for a grant on	57241
forms furnished by the director, together with detail plans and	57242
specifications for the measures to be performed to close the	57243
facility properly or to abate or prevent air or water pollution or	57244
soil contamination from the facility, an itemized estimate of the	57245
project's cost, a description of the project's estimated benefits,	57246
and such other information as the director prescribes. The plan	57247
may be prepared in consultation with the director or with the	57248
board of health of the city or general health district in which	57249
the facility is located. The director may award the applicant a	57250
grant only after finding that the proposed measures will provide	57251
for the proper closure of the facility or will abate or prevent	57252
air or water pollution or soil contamination from the facility,	57253
including, but not limited to, those measures necessary or	57254
desirable to:	57255

(1) In the case of a facility for the land burial of	57256
hazardous waste, establish and maintain a suitable cover of soil	57257
and vegetation over the cells in which waste is buried in order to	57258
minimize erosion, the infiltration of surface water into the	57259
cells, the production of leachate, and the accumulation or runoff	57260
of contaminated surface water and to prevent air emissions of	57261
hazardous waste from the facility;	57262

(2) Collect and treat contaminated surface water runoff from	57263
the facility;	57264

(3) Collect and treat leachate produced at the facility;

57265

(4) Install test wells and other equipment or facilities to	57266
monitor the quality of surface waters receiving runoff from the	57267
facility or to monitor air emissions of hazardous waste from the	57268
facility;	57269

(5) Regularly monitor and analyze surface water runoff from	57270
the facility, the quality of waters receiving the runoff, and	57271
ground water quality in the vicinity of the facility, and	57272
regularly monitor leachate collection and treatment systems	57273
installed under the grant and analyze samples from them;	57274

(6) Remove and dispose of hazardous waste from the facility	57275
at a suitable hazardous waste disposal facility where necessary to	57276
protect public health or safety or to abate or prevent air or	57277
water pollution or soil contamination.	57278

(C) The director shall determine the amount of the grant	57279
based upon the director's determination of what constitutes	57280
reasonable and necessary expenses for the proper closure of the	57281
facility or for the abatement or prevention of air or water	57282
pollution or soil contamination from the facility. The amount of	57283
the grant shall not exceed one-half of the total, as determined by	57284
the director, of what constitutes reasonable and necessary	57285
expenses actually incurred for the proper closure of or abatement	57286
or prevention of air or water pollution or soil contamination from	57287
the facility.	57288

In making a grant, the director shall enter into a contract	57289
for funding with each applicant awarded a grant to ensure that the	57290
moneys granted are used for the purpose of this section and that	57291
the measures performed are properly performed. The final payment	57292
under a grant may not be made until the director inspects and	57293
approves the completed cleanup and the plans for developing the	57294
land for use in industry, commerce, distribution, or research.	57295

Each contract for funding shall contain provisions for the	57296
reimbursement of the state of a portion of the costs of the	57297
cleanup that is commensurate with the increase in the market value	57298
of the property attributable to the cleanup thereon, as determined	57299
by appraisals made before and after cleanup in the manner stated	57300
in the contract. For reimbursement of that portion, the contract	57301
may include provisions for:	57302

(1) Payment to the state of the share of the income derived	57303
from the productive use of the land;	57304

(2) Imposition of a lien in the amount of the increase in	57305
fair market value payable upon the transfer or conveyance to a new	57306
owner;	57307

(3) Waiver of all reimbursement if the determination	57308
discloses an increase in value that is insubstantial in comparison	57309
to the benefits to the public from the abatement of threats to	57310
public health or safety or from the abatement or prevention of	57311
pollution or contamination, considering the applicant's share of	57312
the cleanup cost.	57313

All reimbursements and payments shall be credited to the	57314
hazardous waste facility management fund or the hazardous waste	57315
clean-up fund ~~created in section 3734.28 of the Revised Code~~, as	57316
applicable.	57317

(D) The contract shall require the owner to execute an	57318
easement whereby the director, an authorized employee of the	57319
agency, or a contractor employed by the agency may enter upon the	57320
facility to sample, repair, or reconstruct air and water quality	57321
monitoring equipment constructed under the contract. Such	57322
easements shall be for a specified period of years and may be	57323
extinguished by agreement between the owner and the director. When	57324
necessary to protect the public health or safety, the contract may	57325
require the owner to enter into an environmental covenant with the	57326
director in accordance with sections 5301.80 to 5301.92 of the	57327
Revised Code.	57328

(E) As used in this section, "commerce" includes, but is not	57329
limited to, agriculture, forestry, and housing.	57330

Sec. 3734.27. Before making grants from the hazardous waste	57331
facility management fund created in section 3734.18 of the Revised	57332
Code or the hazardous waste clean-up fund created in section	57333
3734.28 of the Revised Code, the director of environmental	57334
protection shall consider each project application submitted by a	57335
political subdivision under section 3734.25 of the Revised Code,	57336
each application submitted by the owner of a facility under	57337
section 3734.26 of the Revised Code, and each facility surveyed	57338
under section 3734.19 of the Revised Code and, based upon the	57339
feasibility, cost, and public benefits of restoring the particular	57340
land and the availability of federal or other financial assistance	57341
for restoration, establish priorities for awarding grants from the	57342
fund.	57343

Sec. 3734.28. Except as otherwise provided in ~~section~~	57344
sections 3734.281 and 3734.282 of the Revised Code, moneys	57345
collected under sections 3734.122, 3734.13, 3734.20, 3734.22,	57346
3734.24, and 3734.26 of the Revised Code and under the	57347
"Comprehensive Environmental Response, Compensation, and Liability	57348
Act of 1980," 94 Stat. 2767, 42 U.S.C.A. 9601, as amended,	57349
including moneys recovered under division (B)(1) of this section,	57350
shall be paid into the state treasury to the credit of the	57351
hazardous waste clean-up fund, which is hereby created. In	57352
addition, ~~any moneys~~both of the following shall be credited to	57353
the fund:	57354

(A) Moneys recovered for costs paid from the fund for	57355
activities described in divisions (A)(1) and (2) of section	57356
3745.12 of the Revised Code ~~shall be credited to the fund~~;	57357

(B) Natural resource damage assessment costs recovered under	57358
any of the following:	57359

(1) The "Comprehensive Environmental Response, Compensation,	57360
and Liability Act of 1980," 94 Stat. 2767, 42 U.S.C. 9601, et	57361
seq., as amended;	57362

(2) The "Oil Pollution Act of 1990," 104 Stat. 484, 33 U.S.C.	57363
2701, et seq., as amended;	57364

(3) The Federal Water Pollution Control Act as defined in	57365
section 6111.01 of the Revised Code;	57366

(4) Any other applicable federal or state law. ~~The~~

57367

The environmental protection agency shall use the moneys in	57368
the fund for the purposes set forth in division (D) of section	57369
3734.122, sections 3734.19, 3734.20, 3734.21, 3734.23, 3734.25,	57370
3734.26, and 3734.27, divisions (A)(1) and (2) of section 3745.12,	57371
and Chapter 3746. of the Revised Code, including any related	57372
enforcement expenses. In addition, the agency shall use the moneys	57373
in the fund to pay the state's long-term operation and maintenance	57374
costs or matching share for actions taken under the "Comprehensive	57375
Environmental Response, Compensation, and Liability Act of 1980,"	57376
as amended. If those moneys are reimbursed by grants or other	57377
moneys from the United States or any other person, the moneys	57378
shall be placed in the fund and not in the general revenue fund.	57379

The director of environmental protection may enter into	57380
contracts and grant agreements with federal, state, or local	57381
government agencies, nonprofit organizations, and colleges and	57382
universities for the purpose of carrying out the responsibilities	57383
of the environmental protection agency for which money may be	57384
expended from the fund.	57385

Sec. 3734.282. ~~All~~Except for natural resource damage	57386
assessment costs recovered by the state that are required by	57387
section 3734.28 of the Revised Code to be credited to the	57388
hazardous waste clean-up fund created in that section, all money	57389
collected by the state for natural resources damages under the	57390
"Comprehensive Environmental Response, Compensation, and Liability	57391
Act of 1980," 94 Stat. 2767, 42 U.S.C. 9601 et seq., as amended,	57392
the "Oil Pollution Act of 1990," 104 Stat. 484, 33 U.S.C. 2701 et	57393
seq., as amended, the ~~"Clean~~Federal Water Pollution Control Act,"	57394
~~86 Stat. 862, 33 U.S.C. 1321,~~ as ~~amended~~defined in section	57395
6111.01 of the Revised Code, or any other applicable federal or	57396
state law shall be paid into the state treasury to the credit of	57397
the natural resource damages fund, which is hereby created. The	57398
director of environmental protection shall use money in the fund	57399
only in accordance with the purposes of and the limitations on	57400
natural resources damages set forth in the "Comprehensive	57401
Environmental Response, Compensation, and Liability Act of 1980,"	57402
as amended, the "Oil Pollution Act of 1990," as amended, the	57403
~~"Clean~~Federal Water Pollution Control Act~~," as amended~~, or	57404
another applicable federal or state law. All investment earnings	57405
of the fund shall be credited to the fund.	57406

The director of environmental protection may enter into	57407
contracts and grant agreements with federal, state, or local	57408
government agencies, nonprofit organizations, and colleges and	57409
universities for the purpose of carrying out the director's	57410
responsibilities for which money may be expended from the fund.	57411

Sec. 3734.57. (A) The following fees are hereby levied on	57412
the transfer or disposal of solid wastes in this state:	57413

(1) One dollar per ton ~~on and after July 1, 2003,~~ through	57414
June 30, ~~2012~~2014, one-half of the proceeds of which shall be	57415
deposited in the state treasury to the credit of the hazardous	57416
waste facility management fund created in section 3734.18 of the	57417
Revised Code and one-half of the proceeds of which shall be	57418
deposited in the state treasury to the credit of the hazardous	57419
waste clean-up fund created in section 3734.28 of the Revised	57420
Code;	57421

(2) An additional one dollar per ton ~~on and after July 1,~~	57422
~~2003,~~ through June 30, ~~2012~~2014, the proceeds of which shall be	57423
deposited in the state treasury to the credit of the solid waste	57424
fund, which is hereby created. The environmental protection agency	57425
shall use money in the solid waste fund to pay the costs of	57426
administering and enforcing the laws pertaining to solid wastes,	57427
infectious wastes, and construction and demolition debris,	57428
including, without limitation, ground water evaluations related to	57429
solid wastes, infectious wastes, and construction and demolition	57430
debris, under this chapter and Chapter 3714. of the Revised Code	57431
and any rules adopted under them, providing compliance assistance	57432
to small businesses, and paying a share of the administrative	57433
costs of the environmental protection agency pursuant to section	57434
3745.014 of the Revised Code.	57435

(3) An additional ~~one dollar~~two dollars and fifty cents per	57436
ton ~~on and after July 1, 2005,~~ through June 30, ~~2012~~2014, the	57437
proceeds of which shall be deposited in the state treasury to the	57438
credit of the environmental protection fund created in section	57439
3745.015 of the Revised Code;	57440

(4) ~~An additional one dollar per ton on and after August 1,~~	57441
~~2009, through June 30, 2012, the proceeds of which shall be~~	57442
~~deposited in the state treasury to the credit of the environmental~~	57443
~~protection fund.~~	57444

~~(5)~~ An additional twenty-five cents per ton ~~on and after~~	57445
~~August 1, 2009,~~ through June 30, ~~2012~~2013, the proceeds of which	57446
shall be deposited in the state treasury to the credit of the soil	57447
and water conservation district assistance fund created in section	57448
1515.14 of the Revised Code.	57449

In the case of solid wastes that are taken to a solid waste	57450
transfer facility located in this state prior to being transported	57451
for disposal at a solid waste disposal facility located in this	57452
state or outside of this state, the fees levied under this	57453
division shall be collected by the owner or operator of the	57454
transfer facility as a trustee for the state. The amount of fees	57455
required to be collected under this division at such a transfer	57456
facility shall equal the total tonnage of solid wastes received at	57457
the facility multiplied by the fees levied under this division. In	57458
the case of solid wastes that are not taken to a solid waste	57459
transfer facility located in this state prior to being transported	57460
to a solid waste disposal facility, the fees shall be collected by	57461
the owner or operator of the solid waste disposal facility as a	57462
trustee for the state. The amount of fees required to be collected	57463
under this division at such a disposal facility shall equal the	57464
total tonnage of solid wastes received at the facility that was	57465
not previously taken to a solid waste transfer facility located in	57466
this state multiplied by the fees levied under this division. Fees	57467
levied under this division do not apply to materials separated	57468
from a mixed waste stream for recycling by a generator or	57469
materials removed from the solid waste stream through recycling,	57470
as "recycling" is defined in rules adopted under section 3734.02	57471
of the Revised Code.	57472

The owner or operator of a solid waste transfer facility or	57473
disposal facility, as applicable, shall prepare and file with the	57474
director of environmental protection each month a return	57475
indicating the total tonnage of solid wastes received at the	57476
facility during that month and the total amount of the fees	57477
required to be collected under this division during that month. In	57478
addition, the owner or operator of a solid waste disposal facility	57479
shall indicate on the return the total tonnage of solid wastes	57480
received from transfer facilities located in this state during	57481
that month for which the fees were required to be collected by the	57482
transfer facilities. The monthly returns shall be filed on a form	57483
prescribed by the director. Not later than thirty days after the	57484
last day of the month to which a return applies, the owner or	57485
operator shall mail to the director the return for that month	57486
together with the fees required to be collected under this	57487
division during that month as indicated on the return or may	57488
submit the return and fees electronically in a manner approved by	57489
the director. If the return is filed and the amount of the fees	57490
due is paid in a timely manner as required in this division, the	57491
owner or operator may retain a discount of three-fourths of one	57492
per cent of the total amount of the fees that are required to be	57493
paid as indicated on the return.	57494

The owner or operator may request an extension of not more	57495
than thirty days for filing the return and remitting the fees,	57496
provided that the owner or operator has submitted such a request	57497
in writing to the director together with a detailed description of	57498
why the extension is requested, the director has received the	57499
request not later than the day on which the return is required to	57500
be filed, and the director has approved the request. If the fees	57501
are not remitted within thirty days after the last day of the	57502
month to which the return applies or are not remitted by the last	57503
day of an extension approved by the director, the owner or	57504
operator shall not retain the three-fourths of one per cent	57505
discount and shall pay an additional ten per cent of the amount of	57506
the fees for each month that they are late. For purposes of	57507
calculating the late fee, the first month in which fees are late	57508
begins on the first day after the deadline has passed for timely	57509
submitting the return and fees, and one additional month shall be	57510
counted every thirty days thereafter.	57511

The owner or operator of a solid waste facility may request a	57512
refund or credit of fees levied under this division and remitted	57513
to the director that have not been paid to the owner or operator.	57514
Such a request shall be made only if the fees have not been	57515
collected by the owner or operator, have become a debt that has	57516
become worthless or uncollectable for a period of six months or	57517
more, and may be claimed as a deduction, including a deduction	57518
claimed if the owner or operator keeps accounts on an accrual	57519
basis, under the "Internal Revenue Code of 1954," 68A Stat. 50, 26	57520
U.S.C. 166, as amended, and regulations adopted under it. Prior to	57521
making a request for a refund or credit, an owner or operator	57522
shall make reasonable efforts to collect the applicable fees. A	57523
request for a refund or credit shall not include any costs	57524
resulting from those efforts to collect unpaid fees.	57525

A request for a refund or credit of fees shall be made in	57526
writing, on a form prescribed by the director, and shall be	57527
supported by evidence that may be required in rules adopted by the	57528
director under this chapter. After reviewing the request, and if	57529
the request and evidence submitted with the request indicate that	57530
a refund or credit is warranted, the director shall grant a refund	57531
to the owner or operator or shall permit a credit to be taken by	57532
the owner or operator on a subsequent monthly return submitted by	57533
the owner or operator. The amount of a refund or credit shall not	57534
exceed an amount that is equal to ninety days' worth of fees owed	57535
to an owner or operator by a particular debtor of the owner or	57536
operator. A refund or credit shall not be granted by the director	57537
to an owner or operator more than once in any twelve-month period	57538
for fees owed to the owner or operator by a particular debtor.	57539

If, after receiving a refund or credit from the director, an	57540
owner or operator receives payment of all or part of the fees, the	57541
owner or operator shall remit the fees with the next monthly	57542
return submitted to the director together with a written	57543
explanation of the reason for the submittal.	57544

For purposes of computing the fees levied under this division	57545
or division (B) of this section, any solid waste transfer or	57546
disposal facility that does not use scales as a means of	57547
determining gate receipts shall use a conversion factor of three	57548
cubic yards per ton of solid waste or one cubic yard per ton for	57549
baled waste, as applicable.	57550

The fees levied under this division and divisions (B) and (C)	57551
of this section are in addition to all other applicable fees and	57552
taxes and shall be paid by the customer or a political subdivision	57553
to the owner or operator of a solid waste transfer or disposal	57554
facility. In the alternative, the fees shall be paid by a customer	57555
or political subdivision to a transporter of waste who	57556
subsequently transfers the fees to the owner or operator of such a	57557
facility. The fees shall be paid notwithstanding the existence of	57558
any provision in a contract that the customer or a political	57559
subdivision may have with the owner or operator or with a	57560
transporter of waste to the facility that would not require or	57561
allow such payment regardless of whether the contract was entered	57562
prior to or after the effective date of this amendment. For those	57563
purposes, "customer" means a person who contracts with, or	57564
utilizes the solid waste services of, the owner or operator of a	57565
solid waste transfer or disposal facility or a transporter of	57566
solid waste to such a facility.	57567

(B) For the purposes specified in division (G) of this	57568
section, the solid waste management policy committee of a county	57569
or joint solid waste management district may levy fees upon the	57570
following activities:	57571

(1) The disposal at a solid waste disposal facility located	57572
in the district of solid wastes generated within the district;	57573

(2) The disposal at a solid waste disposal facility within	57574
the district of solid wastes generated outside the boundaries of	57575
the district, but inside this state;	57576

(3) The disposal at a solid waste disposal facility within	57577
the district of solid wastes generated outside the boundaries of	57578
this state.	57579

The solid waste management plan of the county or joint	57580
district approved under section 3734.521 or 3734.55 of the Revised	57581
Code and any amendments to it, or the resolution adopted under	57582
this division, as appropriate, shall establish the rates of the	57583
fees levied under divisions (B)(1), (2), and (3) of this section,	57584
if any, and shall specify whether the fees are levied on the basis	57585
of tons or cubic yards as the unit of measurement. A solid waste	57586
management district that levies fees under this division on the	57587
basis of cubic yards shall do so in accordance with division (A)	57588
of this section.	57589

The fee levied under division (B)(1) of this section shall be	57590
not less than one dollar per ton nor more than two dollars per	57591
ton, the fee levied under division (B)(2) of this section shall be	57592
not less than two dollars per ton nor more than four dollars per	57593
ton, and the fee levied under division (B)(3) of this section	57594
shall be not more than the fee levied under division (B)(1) of	57595
this section.	57596

Prior to the approval of the solid waste management plan of a	57597
district under section 3734.55 of the Revised Code, the solid	57598
waste management policy committee of a district may levy fees	57599
under this division by adopting a resolution establishing the	57600
proposed amount of the fees. Upon adopting the resolution, the	57601
committee shall deliver a copy of the resolution to the board of	57602
county commissioners of each county forming the district and to	57603
the legislative authority of each municipal corporation and	57604
township under the jurisdiction of the district and shall prepare	57605
and publish the resolution and a notice of the time and location	57606
where a public hearing on the fees will be held. Upon adopting the	57607
resolution, the committee shall deliver written notice of the	57608
adoption of the resolution; of the amount of the proposed fees;	57609
and of the date, time, and location of the public hearing to the	57610
director and to the fifty industrial, commercial, or institutional	57611
generators of solid wastes within the district that generate the	57612
largest quantities of solid wastes, as determined by the	57613
committee, and to their local trade associations. The committee	57614
shall make good faith efforts to identify those generators within	57615
the district and their local trade associations, but the	57616
nonprovision of notice under this division to a particular	57617
generator or local trade association does not invalidate the	57618
proceedings under this division. The publication shall occur at	57619
least thirty days before the hearing. After the hearing, the	57620
committee may make such revisions to the proposed fees as it	57621
considers appropriate and thereafter, by resolution, shall adopt	57622
the revised fee schedule. Upon adopting the revised fee schedule,	57623
the committee shall deliver a copy of the resolution doing so to	57624
the board of county commissioners of each county forming the	57625
district and to the legislative authority of each municipal	57626
corporation and township under the jurisdiction of the district.	57627
Within sixty days after the delivery of a copy of the resolution	57628
adopting the proposed revised fees by the policy committee, each	57629
such board and legislative authority, by ordinance or resolution,	57630
shall approve or disapprove the revised fees and deliver a copy of	57631
the ordinance or resolution to the committee. If any such board or	57632
legislative authority fails to adopt and deliver to the policy	57633
committee an ordinance or resolution approving or disapproving the	57634
revised fees within sixty days after the policy committee	57635
delivered its resolution adopting the proposed revised fees, it	57636
shall be conclusively presumed that the board or legislative	57637
authority has approved the proposed revised fees. The committee	57638
shall determine if the resolution has been ratified in the same	57639
manner in which it determines if a draft solid waste management	57640
plan has been ratified under division (B) of section 3734.55 of	57641
the Revised Code.	57642

The committee may amend the schedule of fees levied pursuant	57643
to a resolution adopted and ratified under this division by	57644
adopting a resolution establishing the proposed amount of the	57645
amended fees. The committee may repeal the fees levied pursuant to	57646
such a resolution by adopting a resolution proposing to repeal	57647
them. Upon adopting such a resolution, the committee shall proceed	57648
to obtain ratification of the resolution in accordance with this	57649
division.	57650

Not later than fourteen days after declaring the new fees to	57651
be ratified or the fees to be repealed under this division, the	57652
committee shall notify by certified mail the owner or operator of	57653
each solid waste disposal facility that is required to collect the	57654
fees of the ratification and the amount of the fees or of the	57655
repeal of the fees. Collection of any fees shall commence or	57656
collection of repealed fees shall cease on the first day of the	57657
second month following the month in which notification is sent to	57658
the owner or operator.	57659

Fees levied under this division also may be established,	57660
amended, or repealed by a solid waste management policy committee	57661
through the adoption of a new district solid waste management	57662
plan, the adoption of an amended plan, or the amendment of the	57663
plan or amended plan in accordance with sections 3734.55 and	57664
3734.56 of the Revised Code or the adoption or amendment of a	57665
district plan in connection with a change in district composition	57666
under section 3734.521 of the Revised Code.	57667

Not later than fourteen days after the director issues an	57668
order approving a district's solid waste management plan, amended	57669
plan, or amendment to a plan or amended plan that establishes,	57670
amends, or repeals a schedule of fees levied by the district, the	57671
committee shall notify by certified mail the owner or operator of	57672
each solid waste disposal facility that is required to collect the	57673
fees of the approval of the plan or amended plan, or the amendment	57674
to the plan, as appropriate, and the amount of the fees, if any.	57675
In the case of an initial or amended plan approved under section	57676
3734.521 of the Revised Code in connection with a change in	57677
district composition, other than one involving the withdrawal of a	57678
county from a joint district, the committee, within fourteen days	57679
after the change takes effect pursuant to division (G) of that	57680
section, shall notify by certified mail the owner or operator of	57681
each solid waste disposal facility that is required to collect the	57682
fees that the change has taken effect and of the amount of the	57683
fees, if any. Collection of any fees shall commence or collection	57684
of repealed fees shall cease on the first day of the second month	57685
following the month in which notification is sent to the owner or	57686
operator.	57687

If, in the case of a change in district composition involving	57688
the withdrawal of a county from a joint district, the director	57689
completes the actions required under division (G)(1) or (3) of	57690
section 3734.521 of the Revised Code, as appropriate, forty-five	57691
days or more before the beginning of a calendar year, the policy	57692
committee of each of the districts resulting from the change that	57693
obtained the director's approval of an initial or amended plan in	57694
connection with the change, within fourteen days after the	57695
director's completion of the required actions, shall notify by	57696
certified mail the owner or operator of each solid waste disposal	57697
facility that is required to collect the district's fees that the	57698
change is to take effect on the first day of January immediately	57699
following the issuance of the notice and of the amount of the fees	57700
or amended fees levied under divisions (B)(1) to (3) of this	57701
section pursuant to the district's initial or amended plan as so	57702
approved or, if appropriate, the repeal of the district's fees by	57703
that initial or amended plan. Collection of any fees set forth in	57704
such a plan or amended plan shall commence on the first day of	57705
January immediately following the issuance of the notice. If such	57706
an initial or amended plan repeals a schedule of fees, collection	57707
of the fees shall cease on that first day of January.	57708

If, in the case of a change in district composition involving	57709
the withdrawal of a county from a joint district, the director	57710
completes the actions required under division (G)(1) or (3) of	57711
section 3734.521 of the Revised Code, as appropriate, less than	57712
forty-five days before the beginning of a calendar year, the	57713
director, on behalf of each of the districts resulting from the	57714
change that obtained the director's approval of an initial or	57715
amended plan in connection with the change proceedings, shall	57716
notify by certified mail the owner or operator of each solid waste	57717
disposal facility that is required to collect the district's fees	57718
that the change is to take effect on the first day of January	57719
immediately following the mailing of the notice and of the amount	57720
of the fees or amended fees levied under divisions (B)(1) to (3)	57721
of this section pursuant to the district's initial or amended plan	57722
as so approved or, if appropriate, the repeal of the district's	57723
fees by that initial or amended plan. Collection of any fees set	57724
forth in such a plan or amended plan shall commence on the first	57725
day of the second month following the month in which notification	57726
is sent to the owner or operator. If such an initial or amended	57727
plan repeals a schedule of fees, collection of the fees shall	57728
cease on the first day of the second month following the month in	57729
which notification is sent to the owner or operator.	57730

If the schedule of fees that a solid waste management	57731
district is levying under divisions (B)(1) to (3) of this section	57732
is amended or repealed, the fees in effect immediately prior to	57733
the amendment or repeal shall continue to be collected until	57734
collection of the amended fees commences or collection of the	57735
repealed fees ceases, as applicable, as specified in this	57736
division. In the case of a change in district composition, money	57737
so received from the collection of the fees of the former	57738
districts shall be divided among the resulting districts in	57739
accordance with division (B) of section 343.012 of the Revised	57740
Code and the agreements entered into under division (B) of section	57741
343.01 of the Revised Code to establish the former and resulting	57742
districts and any amendments to those agreements.	57743

For the purposes of the provisions of division (B) of this	57744
section establishing the times when newly established or amended	57745
fees levied by a district are required to commence and the	57746
collection of fees that have been amended or repealed is required	57747
to cease, "fees" or "schedule of fees" includes, in addition to	57748
fees levied under divisions (B)(1) to (3) of this section, those	57749
levied under section 3734.573 or 3734.574 of the Revised Code.	57750

(C) For the purposes of defraying the added costs to a	57751
municipal corporation or township of maintaining roads and other	57752
public facilities and of providing emergency and other public	57753
services, and compensating a municipal corporation or township for	57754
reductions in real property tax revenues due to reductions in real	57755
property valuations resulting from the location and operation of a	57756
solid waste disposal facility within the municipal corporation or	57757
township, a municipal corporation or township in which such a	57758
solid waste disposal facility is located may levy a fee of not	57759
more than twenty-five cents per ton on the disposal of solid	57760
wastes at a solid waste disposal facility located within the	57761
boundaries of the municipal corporation or township regardless of	57762
where the wastes were generated.	57763

The legislative authority of a municipal corporation or	57764
township may levy fees under this division by enacting an	57765
ordinance or adopting a resolution establishing the amount of the	57766
fees. Upon so doing the legislative authority shall mail a	57767
certified copy of the ordinance or resolution to the board of	57768
county commissioners or directors of the county or joint solid	57769
waste management district in which the municipal corporation or	57770
township is located or, if a regional solid waste management	57771
authority has been formed under section 343.011 of the Revised	57772
Code, to the board of trustees of that regional authority, the	57773
owner or operator of each solid waste disposal facility in the	57774
municipal corporation or township that is required to collect the	57775
fee by the ordinance or resolution, and the director of	57776
environmental protection. Although the fees levied under this	57777
division are levied on the basis of tons as the unit of	57778
measurement, the legislative authority, in its ordinance or	57779
resolution levying the fees under this division, may direct that	57780
the fees be levied on the basis of cubic yards as the unit of	57781
measurement based upon a conversion factor of three cubic yards	57782
per ton generally or one cubic yard per ton for baled wastes.	57783

Not later than five days after enacting an ordinance or	57784
adopting a resolution under this division, the legislative	57785
authority shall so notify by certified mail the owner or operator	57786
of each solid waste disposal facility that is required to collect	57787
the fee. Collection of any fee levied on or after March 24, 1992,	57788
shall commence on the first day of the second month following the	57789
month in which notification is sent to the owner or operator.	57790

(D)(1) The fees levied under divisions (A), (B), and (C) of	57791
this section do not apply to the disposal of solid wastes that:	57792

(a) Are disposed of at a facility owned by the generator of	57793
the wastes when the solid waste facility exclusively disposes of	57794
solid wastes generated at one or more premises owned by the	57795
generator regardless of whether the facility is located on a	57796
premises where the wastes are generated;	57797

(b) Are ~~disposed of at facilities that exclusively dispose of~~	57798
~~wastes that are~~ generated from the combustion of coal, or from the	57799
combustion of primarily coal in combination with scrap tires, ~~that~~	57800
~~is not combined in any way with garbage at one or more~~regardless	57801
of whether the disposal facility is located on the premises ~~owned~~	57802
~~by the generator~~where the wastes are generated.	57803

(2) Except as provided in section 3734.571 of the Revised	57804
Code, any fees levied under division (B)(1) of this section apply	57805
to solid wastes originating outside the boundaries of a county or	57806
joint district that are covered by an agreement for the joint use	57807
of solid waste facilities entered into under section 343.02 of the	57808
Revised Code by the board of county commissioners or board of	57809
directors of the county or joint district where the wastes are	57810
generated and disposed of.	57811

(3) When solid wastes, other than solid wastes that consist	57812
of scrap tires, are burned in a disposal facility that is an	57813
incinerator or energy recovery facility, the fees levied under	57814
divisions (A), (B), and (C) of this section shall be levied upon	57815
the disposal of the fly ash and bottom ash remaining after burning	57816
of the solid wastes and shall be collected by the owner or	57817
operator of the sanitary landfill where the ash is disposed of.	57818

(4) When solid wastes are delivered to a solid waste transfer	57819
facility, the fees levied under divisions (B) and (C) of this	57820
section shall be levied upon the disposal of solid wastes	57821
transported off the premises of the transfer facility for disposal	57822
and shall be collected by the owner or operator of the solid waste	57823
disposal facility where the wastes are disposed of.	57824

(5) The fees levied under divisions (A), (B), and (C) of this	57825
section do not apply to sewage sludge that is generated by a waste	57826
water treatment facility holding a national pollutant discharge	57827
elimination system permit and that is disposed of through	57828
incineration, land application, or composting or at another	57829
resource recovery or disposal facility that is not a landfill.	57830

(6) The fees levied under divisions (A), (B), and (C) of this	57831
section do not apply to solid wastes delivered to a solid waste	57832
composting facility for processing. When any unprocessed solid	57833
waste or compost product is transported off the premises of a	57834
composting facility and disposed of at a landfill, the fees levied	57835
under divisions (A), (B), and (C) of this section shall be	57836
collected by the owner or operator of the landfill where the	57837
unprocessed waste or compost product is disposed of.	57838

(7) When solid wastes that consist of scrap tires are	57839
processed at a scrap tire recovery facility, the fees levied under	57840
divisions (A), (B), and (C) of this section shall be levied upon	57841
the disposal of the fly ash and bottom ash or other solid wastes	57842
remaining after the processing of the scrap tires and shall be	57843
collected by the owner or operator of the solid waste disposal	57844
facility where the ash or other solid wastes are disposed of.	57845

(8) The director of environmental protection may issue an	57846
order exempting from the fees levied under this section solid	57847
wastes, including, but not limited to, scrap tires, that are	57848
generated, transferred, or disposed of as a result of a contract	57849
providing for the expenditure of public funds entered into by the	57850
administrator or regional administrator of the United States	57851
environmental protection agency, the director of environmental	57852
protection, or the director of administrative services on behalf	57853
of the director of environmental protection for the purpose of	57854
remediating conditions at a hazardous waste facility, solid waste	57855
facility, or other location at which the administrator or regional	57856
administrator or the director of environmental protection has	57857
reason to believe that there is a substantial threat to public	57858
health or safety or the environment or that the conditions are	57859
causing or contributing to air or water pollution or soil	57860
contamination. An order issued by the director of environmental	57861
protection under division (D)(8) of this section shall include a	57862
determination that the amount of the fees not received by a solid	57863
waste management district as a result of the order will not	57864
adversely impact the implementation and financing of the	57865
district's approved solid waste management plan and any approved	57866
amendments to the plan. Such an order is a final action of the	57867
director of environmental protection.	57868

(E) The fees levied under divisions (B) and (C) of this	57869
section shall be collected by the owner or operator of the solid	57870
waste disposal facility where the wastes are disposed of as a	57871
trustee for the county or joint district and municipal corporation	57872
or township where the wastes are disposed of. Moneys from the fees	57873
levied under division (B) of this section shall be forwarded to	57874
the board of county commissioners or board of directors of the	57875
district in accordance with rules adopted under division (H) of	57876
this section. Moneys from the fees levied under division (C) of	57877
this section shall be forwarded to the treasurer or such other	57878
officer of the municipal corporation as, by virtue of the charter,	57879
has the duties of the treasurer or to the fiscal officer of the	57880
township, as appropriate, in accordance with those rules.	57881

(F) Moneys received by the treasurer or other officer of the	57882
municipal corporation under division (E) of this section shall be	57883
paid into the general fund of the municipal corporation. Moneys	57884
received by the fiscal officer of the township under that division	57885
shall be paid into the general fund of the township. The treasurer	57886
or other officer of the municipal corporation or the township	57887
fiscal officer, as appropriate, shall maintain separate records of	57888
the moneys received from the fees levied under division (C) of	57889
this section.	57890

(G) Moneys received by the board of county commissioners or	57891
board of directors under division (E) of this section or section	57892
3734.571, 3734.572, 3734.573, or 3734.574 of the Revised Code	57893
shall be paid to the county treasurer, or other official acting in	57894
a similar capacity under a county charter, in a county district or	57895
to the county treasurer or other official designated by the board	57896
of directors in a joint district and kept in a separate and	57897
distinct fund to the credit of the district. If a regional solid	57898
waste management authority has been formed under section 343.011	57899
of the Revised Code, moneys received by the board of trustees of	57900
that regional authority under division (E) of this section shall	57901
be kept by the board in a separate and distinct fund to the credit	57902
of the district. Moneys in the special fund of the county or joint	57903
district arising from the fees levied under division (B) of this	57904
section and the fee levied under division (A) of section 3734.573	57905
of the Revised Code shall be expended by the board of county	57906
commissioners or directors of the district in accordance with the	57907
district's solid waste management plan or amended plan approved	57908
under section 3734.521, 3734.55, or 3734.56 of the Revised Code	57909
exclusively for the following purposes:	57910

(1) Preparation of the solid waste management plan of the	57911
district under section 3734.54 of the Revised Code, monitoring	57912
implementation of the plan, and conducting the periodic review and	57913
amendment of the plan required by section 3734.56 of the Revised	57914
Code by the solid waste management policy committee;	57915

(2) Implementation of the approved solid waste management	57916
plan or amended plan of the district, including, without	57917
limitation, the development and implementation of solid waste	57918
recycling or reduction programs;	57919

(3) Providing financial assistance to boards of health within	57920
the district, if solid waste facilities are located within the	57921
district, for enforcement of this chapter and rules, orders, and	57922
terms and conditions of permits, licenses, and variances adopted	57923
or issued under it, other than the hazardous waste provisions of	57924
this chapter and rules adopted and orders and terms and conditions	57925
of permits issued under those provisions;	57926

(4) Providing financial assistance to each county within the	57927
district to defray the added costs of maintaining roads and other	57928
public facilities and of providing emergency and other public	57929
services resulting from the location and operation of a solid	57930
waste facility within the county under the district's approved	57931
solid waste management plan or amended plan;	57932

(5) Pursuant to contracts entered into with boards of health	57933
within the district, if solid waste facilities contained in the	57934
district's approved plan or amended plan are located within the	57935
district, for paying the costs incurred by those boards of health	57936
for collecting and analyzing samples from public or private water	57937
wells on lands adjacent to those facilities;	57938

(6) Developing and implementing a program for the inspection	57939
of solid wastes generated outside the boundaries of this state	57940
that are disposed of at solid waste facilities included in the	57941
district's approved solid waste management plan or amended plan;	57942

(7) Providing financial assistance to boards of health within	57943
the district for the enforcement of section 3734.03 of the Revised	57944
Code or to local law enforcement agencies having jurisdiction	57945
within the district for enforcing anti-littering laws and	57946
ordinances;	57947

(8) Providing financial assistance to boards of health of	57948
health districts within the district that are on the approved list	57949
under section 3734.08 of the Revised Code to defray the costs to	57950
the health districts for the participation of their employees	57951
responsible for enforcement of the solid waste provisions of this	57952
chapter and rules adopted and orders and terms and conditions of	57953
permits, licenses, and variances issued under those provisions in	57954
the training and certification program as required by rules	57955
adopted under division (L) of section 3734.02 of the Revised Code;	57956

(9) Providing financial assistance to individual municipal	57957
corporations and townships within the district to defray their	57958
added costs of maintaining roads and other public facilities and	57959
of providing emergency and other public services resulting from	57960
the location and operation within their boundaries of a	57961
composting, energy or resource recovery, incineration, or	57962
recycling facility that either is owned by the district or is	57963
furnishing solid waste management facility or recycling services	57964
to the district pursuant to a contract or agreement with the board	57965
of county commissioners or directors of the district;	57966

(10) Payment of any expenses that are agreed to, awarded, or	57967
ordered to be paid under section 3734.35 of the Revised Code and	57968
of any administrative costs incurred pursuant to that section. In	57969
the case of a joint solid waste management district, if the board	57970
of county commissioners of one of the counties in the district is	57971
negotiating on behalf of affected communities, as defined in that	57972
section, in that county, the board shall obtain the approval of	57973
the board of directors of the district in order to expend moneys	57974
for administrative costs incurred.	57975

Prior to the approval of the district's solid waste	57976
management plan under section 3734.55 of the Revised Code, moneys	57977
in the special fund of the district arising from the fees shall be	57978
expended for those purposes in the manner prescribed by the solid	57979
waste management policy committee by resolution.	57980

Notwithstanding division (G)(6) of this section as it existed	57981
prior to October 29, 1993, or any provision in a district's solid	57982
waste management plan prepared in accordance with division	57983
(B)(2)(e) of section 3734.53 of the Revised Code as it existed	57984
prior to that date, any moneys arising from the fees levied under	57985
division (B)(3) of this section prior to January 1, 1994, may be	57986
expended for any of the purposes authorized in divisions (G)(1) to	57987
(10) of this section.	57988

(H) The director shall adopt rules in accordance with Chapter	57989
119. of the Revised Code prescribing procedures for collecting and	57990
forwarding the fees levied under divisions (B) and (C) of this	57991
section to the boards of county commissioners or directors of	57992
county or joint solid waste management districts and to the	57993
treasurers or other officers of municipal corporations and the	57994
fiscal officers of townships. The rules also shall prescribe the	57995
dates for forwarding the fees to the boards and officials and may	57996
prescribe any other requirements the director considers necessary	57997
or appropriate to implement and administer divisions (A), (B), and	57998
(C) of this section.	57999

Sec. 3734.85. (A) On and after the effective date of the	58000
rules adopted under sections 3734.70, 3734.71, 3734.72, and	58001
3734.73 of the Revised Code, the director of environmental	58002
protection may take action under this section to abate	58003
accumulations of scrap tires. If the director determines that an	58004
accumulation of scrap tires constitutes a danger to the public	58005
health or safety or to the environment, the director shall issue	58006
an order under section 3734.13 of the Revised Code to the person	58007
responsible for the accumulation of scrap tires directing that	58008
person, within one hundred twenty days after the issuance of the	58009
order, to remove the accumulation of scrap tires from the premises	58010
on which it is located and transport the tires to a scrap tire	58011
storage, monocell, monofill, or recovery facility licensed under	58012
section 3734.81 of the Revised Code, to such a facility in another	58013
state operating in compliance with the laws of the state in which	58014
it is located, or to any other solid waste disposal facility in	58015
another state that is operating in compliance with the laws of	58016
that state. If the person responsible for causing the accumulation	58017
of scrap tires is a person different from the owner of the land on	58018
which the accumulation is located, the director may issue such an	58019
order to the landowner.	58020

If the director is unable to ascertain immediately the	58021
identity of the person responsible for causing the accumulation of	58022
scrap tires, the director shall examine the records of the	58023
applicable board of health and law enforcement agencies to	58024
ascertain that person's identity. Before initiating any	58025
enforcement or removal actions under this division against the	58026
owner of the land on which the accumulation is located, the	58027
director shall initiate any such actions against the person that	58028
the director has identified as responsible for causing the	58029
accumulation of scrap tires. Failure of the director to make	58030
diligent efforts to ascertain the identity of the person	58031
responsible for causing the accumulation of scrap tires or to	58032
initiate an action against the person responsible for causing the	58033
accumulation shall not constitute an affirmative defense by a	58034
landowner to an enforcement action initiated by the director under	58035
this division requiring immediate removal of any accumulation of	58036
scrap tires.	58037

Upon the written request of the recipient of an order issued	58038
under this division, the director may extend the time for	58039
compliance with the order if the request demonstrates that the	58040
recipient has acted in good faith to comply with the order. If the	58041
recipient of an order issued under this division fails to comply	58042
with the order within one hundred twenty days after the issuance	58043
of the order or, if the time for compliance with the order was so	58044
extended, within that time, the director shall take such actions	58045
as the director considers reasonable and necessary to remove and	58046
properly manage the scrap tires located on the land named in the	58047
order. The director, through employees of the environmental	58048
protection agency or a contractor, may enter upon the land on	58049
which the accumulation of scrap tires is located and remove and	58050
transport them to a scrap tire recovery facility for processing,	58051
to a scrap tire storage facility for storage, or to a scrap tire	58052
monocell or monofill facility for storage or disposal.	58053

The director shall enter into contracts ~~with the owners or~~	58054
~~operators of scrap tire storage, monocell, monofill, or recovery~~	58055
~~facilities~~ for the storage, disposal, or processing of scrap tires	58056
removed through removal operations conducted under this section.	58057
~~In doing so, the director shall give preference to scrap tire~~	58058
~~recovery facilities.~~	58059

If a person to whom a removal order is issued under this	58060
division fails to comply with the order and if the director	58061
performs a removal action under this section, the person to whom	58062
the removal order is issued is liable to the director for the	58063
costs incurred by the director for conducting the removal	58064
operation, storage at a scrap tire storage facility, storage or	58065
disposal at a scrap tire monocell or monofill facility, or	58066
processing of the scrap tires so removed, the transportation of	58067
the scrap tires from the site of the accumulation to the scrap	58068
tire storage, monocell, monofill, or recovery facility where the	58069
scrap tires were stored, disposed of, or processed, and the	58070
administrative and legal expenses incurred by the director in	58071
connection with the removal operation. The director shall keep an	58072
itemized record of those costs. Upon completion of the actions for	58073
which the costs were incurred, the director shall record the costs	58074
at the office of the county recorder of the county in which the	58075
accumulation of scrap tires was located. The costs so recorded	58076
constitute a lien on the property on which the accumulation of	58077
scrap tires was located until discharged. Upon the written request	58078
of the director, the attorney general shall bring a civil action	58079
against the person responsible for the accumulation of the scrap	58080
tires that were the subject of the removal operation to recover	58081
the costs for which the person is liable under this division. Any	58082
money so received or recovered shall be credited to the scrap tire	58083
management fund created in section 3734.82 of the Revised Code.	58084

If, in a civil action brought under this division, an owner	58085
of real property is ordered to pay to the director the costs of a	58086
removal action that removed an accumulation of scrap tires from	58087
the person's land or if a lien is placed on the person's land for	58088
the costs of such a removal action, and, in either case, if the	58089
landowner was not the person responsible for causing the	58090
accumulation of scrap tires so removed, the landowner may bring a	58091
civil action against the person who was responsible for causing	58092
the accumulation to recover the amount of the removal costs that	58093
the court ordered the landowner to pay to the director or the	58094
amount of the removal costs certified to the county recorder as a	58095
lien on the landowner's property, whichever is applicable. If the	58096
landowner prevails in the civil action against the person who was	58097
responsible for causing the accumulation of scrap tires, the	58098
court, as it considers appropriate, may award to the landowner the	58099
reasonable attorney's fees incurred by the landowner for bringing	58100
the action, court costs, and other reasonable expenses incurred by	58101
the landowner in connection with the civil action. A landowner	58102
shall bring such a civil action within two years after making the	58103
final payment of the removal costs to the director pursuant to the	58104
judgment rendered against the landowner in the civil action	58105
brought under this division upon the director's request or within	58106
two years after the director certified the costs of the removal	58107
action to the county recorder, as appropriate. A person who, at	58108
the time that a removal action was conducted under this division,	58109
owned the land on which the removal action was performed may bring	58110
an action under this division to recover the costs of the removal	58111
action from the person responsible for causing the accumulation of	58112
scrap tires so removed regardless of whether the person owns the	58113
land at the time of bringing the action.	58114

Subject to the limitations set forth in division (G) of	58115
section 3734.82 of the Revised Code, the director may use moneys	58116
in the scrap tire management fund for conducting removal actions	58117
under this division. Any moneys recovered under this division	58118
shall be credited to the scrap tire management fund.	58119

(B) The director shall initiate enforcement and removal	58120
actions under division (A) of this section in accordance with the	58121
following descending listing of priorities:	58122

(1) Accumulations of scrap tires that the director finds	58123
constitute a fire hazard or threat to public health;	58124

(2) Accumulations of scrap tires determined by the director	58125
to contain more than one million scrap tires;	58126

(3) Accumulations of scrap tires in densely populated areas;

58127

(4) Other accumulations of scrap tires that the director or	58128
board of health of the health district in which the accumulation	58129
is located determines constitute a public nuisance;	58130

(5) Any other accumulations of scrap tires present on	58131
premises operating without a valid license issued under section	58132
3734.05 or 3734.81 of the Revised Code.	58133

(C) The director shall not take enforcement and removal	58134
actions under division (A) of this section against the owner or	58135
operator of, or the owner of the land on which is located, any of	58136
the following:	58137

(1) A premises where not more than one hundred scrap tires	58138
are present at any time;	58139

(2) The premises of a business engaging in the sale of tires	58140
at retail that meets either of the following criteria:	58141

(a) Not more than one thousand scrap tires are present on the	58142
premises at any time in an unsecured, uncovered outdoor location.	58143

(b) Any number of scrap tires are secured in a building or a	58144
covered, enclosed container, trailer, or installation.	58145

(3) The premises of a tire retreading business, a tire	58146
manufacturing finishing center, or a tire adjustment center on	58147
which is located a single, covered scrap tire storage area where	58148
not more than four thousand scrap tires are stored;	58149

(4) The premises of a business that removes tires from motor	58150
vehicles in the ordinary course of business and on which is	58151
located a single scrap tire storage area that occupies not more	58152
than twenty-five hundred square feet;	58153

(5) A solid waste facility licensed under section 3734.05 of	58154
the Revised Code that stores scrap tires on the surface of the	58155
ground if the total land area on which scrap tires are actually	58156
stored does not exceed ten thousand square feet;	58157

(6) A premises where not more than two hundred fifty scrap	58158
tires are stored or kept for agricultural use;	58159

(7) A construction site where scrap tires are stored for use	58160
or used in road resurfacing or the construction of embankments;	58161

(8) A scrap tire collection, storage, monocell, monofill, or	58162
recovery facility licensed under section 3734.81 of the Revised	58163
Code;	58164

(9) A solid waste incineration or energy recovery facility	58165
that is subject to regulation under this chapter and that burns	58166
scrap tires;	58167

(10) A premises where scrap tires are beneficially used and	58168
for which the notice required by rules adopted under section	58169
3734.84 of the Revised Code has been given;	58170

(11) A transporter registered under section 3734.83 of the	58171
Revised Code that collects and holds scrap tires in a covered	58172
trailer or vehicle for not longer than thirty days prior to	58173
transporting them to their final destination.	58174

(D) Nothing in this section restricts any right any person	58175
may have under statute or common law to enforce or seek	58176
enforcement of any law applicable to the management of scrap	58177
tires, abate a nuisance, or seek any other appropriate relief.	58178

(E) An owner of real property upon which there is located an	58179
accumulation of not more than two thousand scrap tires is not	58180
liable under division (A) of this section for the cost of the	58181
removal of the scrap tires, and no lien shall attach to the	58182
property under this section, if all of the following conditions	58183
are met:	58184

(1) The tires were placed on the property after the owner	58185
acquired title to the property, or the tires were placed on the	58186
property before the owner acquired title to the property and the	58187
owner acquired title to the property by bequest or devise.	58188

(2) The owner of the property did not have knowledge that the	58189
tires were being placed on the property, or the owner posted on	58190
the property signs prohibiting dumping or took other action to	58191
prevent the placing of tires on the property.	58192

(3) The owner of the property did not participate in or	58193
consent to the placing of the tires on the property.	58194

(4) The owner of the property received no financial benefit	58195
from the placing of the tires on the property or otherwise having	58196
the tires on the property.	58197

(5) Title to the property was not transferred to the owner	58198
for the purpose of evading liability under division (A) of this	58199
section.	58200

(6) The person responsible for placing the tires on the	58201
property, in doing so, was not acting as an agent for the owner of	58202
the property.	58203

Sec. 3734.901. (A)(1) For the purpose of providing revenue	58204
to defray the cost of administering and enforcing the scrap tire	58205
provisions of this chapter, rules adopted under those provisions,	58206
and terms and conditions of orders, variances, and licenses issued	58207
under those provisions; to abate accumulations of scrap tires; to	58208
make grants supporting market development activities for scrap	58209
tires and synthetic rubber from tire manufacturing processes and	58210
tire recycling processes and to support scrap tire amnesty and	58211
cleanup events; to make loans to promote the recycling or recovery	58212
of energy from scrap tires; and to defray the costs of	58213
administering and enforcing sections 3734.90 to 3734.9014 of the	58214
Revised Code, a fee of fifty cents per tire is hereby levied on	58215
the sale of tires. The proceeds of the fee shall be deposited in	58216
the state treasury to the credit of the scrap tire management fund	58217
created in section 3734.82 of the Revised Code. The fee is levied	58218
from the first day of the calendar month that begins next after	58219
thirty days from October 29, 1993, through June 30, ~~2011~~2013.	58220

(2) Beginning on ~~September 5, 2001~~July 1, 2011, and ending	58221
on June 30, ~~2011~~2013, there is hereby levied an additional fee	58222
of fifty cents per tire on the sale of tires the proceeds of which	58223
shall be deposited in the state treasury to the credit of the	58224
~~scrap tire management fund and be used exclusively for the~~	58225
~~purposes specified in division (G)(3) of that section until July~~	58226
~~1, 2010, whereupon the proceeds shall be deposited in the state~~	58227
~~treasury to the credit of the~~ soil and water conservation district	58228
assistance fund created in section 1515.14 of the Revised Code.	58229

(B) Only one sale of the same article shall be used in	58230
computing the amount of the fee due.	58231

Sec. 3737.83. The fire marshal shall, as part of the state	58232
fire code, adopt rules to:	58233

(A) Establish minimum standards of performance for fire	58234
protection equipment and fire fighting equipment;	58235

(B) Establish minimum standards of training, fix minimum	58236
qualifications, and require certificates for all persons who	58237
engage in the business for profit of installing, testing,	58238
repairing, or maintaining fire protection equipment;	58239

(C) Provide for the issuance of certificates required under	58240
division (B) of this section and establish the fees to be charged	58241
for such certificates. A certificate shall be granted, renewed, or	58242
revoked according to rules the fire marshal shall adopt.	58243

(D) Establish minimum standards of flammability for consumer	58244
goods in any case where the federal government or any department	58245
or agency thereof has established, or may from time to time	58246
establish standards of flammability for consumer goods. The	58247
standards established by the fire marshal shall be identical to	58248
the minimum federal standards.	58249

In any case where the federal government or any department or	58250
agency thereof, establishes standards of flammability for consumer	58251
goods subsequent to the adoption of a flammability standard by the	58252
fire marshal, standards previously adopted by the fire marshal	58253
shall not continue in effect to the extent such standards are not	58254
identical to the minimum federal standards.	58255

With respect to the adoption of minimum standards of	58256
flammability, this division shall supersede any authority granted	58257
a political subdivision by any other section of the Revised Code.	58258

(E) Establish minimum standards pursuant to section 5104.05	58259
of the Revised Code for fire prevention and fire safety in child	58260
day-care centers and in type A family day-care homes, as defined	58261
in section 5104.01 of the Revised Code.	58262

(F) Establish minimum standards for fire prevention and	58263
safety an adult group home seeking licensure as an adult care	58264
facility must meet under section ~~3722.02~~5119.71 of the Revised	58265
Code. The fire marshal shall adopt the rules under this division	58266
in consultation with the directors of mental health and aging and	58267
interested parties designated by the directors of mental health	58268
and aging.	58269

Sec. 3737.841. As used in this section and section 3737.842	58270
of the Revised Code:	58271

(A) "Public occupancy" means all of the following:

58272

(1) Any state correctional institution as defined in section	58273
2967.01 of the Revised Code and any county, multicounty,	58274
municipal, or municipal-county jail or workhouse;	58275

(2) Any hospital as defined in section 3727.01 of the Revised	58276
Code, any hospital licensed by the department of mental health	58277
under section 5119.20 of the Revised Code, and any institution,	58278
hospital, or other place established, controlled, or supervised by	58279
the department of mental health under Chapter 5119. of the Revised	58280
Code;	58281

(3) Any nursing home, residential care facility, or home for	58282
the aging as defined in section 3721.01 of the Revised Code and	58283
any adult care facility as defined in section ~~3722.01~~5119.70 of	58284
the Revised Code;	58285

(4) Any child day-care center and any type A family day-care	58286
home as defined in section 5104.01 of the Revised Code;	58287

(5) Any public auditorium or stadium;

58288

(6) Public assembly areas of hotels and motels containing	58289
more than ten articles of seating furniture.	58290

(B) "Sell" includes sell, offer or expose for sale, barter,	58291
trade, deliver, give away, rent, consign, lease, possess for sale,	58292
or dispose of in any other commercial manner.	58293

(C) Except as provided in division (D) of this section,	58294
"seating furniture" means any article of furniture, including	58295
children's furniture, that can be used as a support for an	58296
individual, or ~~his~~an individual's limbs or feet, when sitting or	58297
resting in an upright or reclining position and that either:	58298

(1) Is made with loose or attached cushions or pillows;

58299

(2) Is stuffed or filled in whole or in part with any filling	58300
material;	58301

(3) Is or can be stuffed or filled in whole or in part with	58302
any substance or material, concealed by fabric or any other	58303
covering.	58304

"Seating furniture" includes the cushions or pillows	58305
belonging to or forming a part of the furniture, the structural	58306
unit, and the filling material and its container or covering.	58307

(D) "Seating furniture" does not include, except if intended	58308
for use by children or in facilities designed for the care or	58309
treatment of humans, any of the following:	58310

(1) Cushions or pads intended solely for outdoor use;

58311

(2) Any article with a smooth surface that contains no more	58312
than one-half inch of filling material, if that article does not	58313
have an upholstered horizontal surface meeting an upholstered	58314
vertical surface;	58315

(3) Any article manufactured solely for recreational use or	58316
physical fitness purposes, including weight-lifting benches,	58317
gymnasium mats or pads, and sidehorses.	58318

(E) "Filling material" means cotton, wool, kapok, feathers,	58319
down, hair, liquid, or any other natural or ~~manmade~~artificial	58320
material or substance that is used or can be used as stuffing in	58321
seating furniture.	58322

Sec. 3737.87. As used in sections 3737.87 to 3737.98 of the	58323
Revised Code:	58324

(A) "Accidental release" means any sudden or nonsudden	58325
release of petroleum that was neither expected nor intended by the	58326
owner or operator of the applicable underground storage tank	58327
system and that results in the need for corrective action or	58328
compensation for bodily injury or property damage.	58329

(B) "Corrective action" means any action necessary to protect	58330
human health and the environment in the event of a release of	58331
petroleum into the environment, including, without limitation, any	58332
action necessary to monitor, assess, and evaluate the release. In	58333
the instance of a suspected release, ~~the term~~"corrective action"	58334
includes, without limitation, an investigation to confirm or	58335
disprove the occurrence of the release. In the instance of a	58336
confirmed release, ~~the term~~"corrective action" includes, without	58337
limitation, the initial corrective action taken under section	58338
3737.88 or 3737.882 of the Revised Code and rules adopted or	58339
orders issued under those sections and any action taken consistent	58340
with a remedial action to clean up contaminated ground water,	58341
surface water, soils, and subsurface material and to address the	58342
residual effects of a release after the initial corrective action	58343
is taken.	58344

(C) "Eligible lending institution" means a financial	58345
institution that is eligible to make commercial loans, is a public	58346
depository of state funds under section 135.03 of the Revised	58347
Code, and agrees to participate in the petroleum underground	58348
storage tank linked deposit program provided for in sections	58349
3737.95 to 3737.98 of the Revised Code.	58350

(D) "Eligible owner" means any person that owns six or fewer	58351
petroleum underground storage tanks comprising a petroleum	58352
underground storage tank or underground storage tank system.	58353

(E) "Installer" means a person who supervises the	58354
installation of, performance of major repairs on site to,	58355
abandonment of, or removal of underground storage tank systems.	58356

(F) "Major repair" means the restoration of a tank or an	58357
underground storage tank system component that has caused a	58358
release of a product from the underground storage tank system, the	58359
upgrading of a tank or an underground storage tank system	58360
component, or the modification of a tank or an underground storage	58361
tank system component. "Major repair" does not include routine	58362
maintenance for normal operational upkeep to prevent an	58363
underground storage tank system from releasing a product.	58364

(G) "Operator" means the person in daily control of, or	58365
having responsibility for the daily operation of, an underground	58366
storage tank system.	58367

(H) "Owner" means:

58368

(1) In the instance of an underground storage tank system in	58369
use on November 8, 1984, or brought into use after that date, the	58370
person who owns the underground storage tank system;	58371

(2) In the instance of an underground storage tank system in	58372
use before November 8, 1984, that was no longer in use on that	58373
date, the person who owned the underground storage tank system	58374
immediately before the discontinuation of its use.	58375

~~The term~~"Owner" includes any person who holds, or, in the	58376
instance of an underground storage tank system in use before	58377
November 8, 1984, but no longer in use on that date, any person	58378
who held immediately before the discontinuation of its use, a	58379
legal, equitable, or possessory interest of any kind in an	58380
underground storage tank system or in the property on which the	58381
underground storage tank system is located, including, without	58382
limitation, a trust, vendor, vendee, lessor, or lessee. ~~The term~~	58383
"Owner" does not include any person who, without participating in	58384
the management of an underground storage tank system and without	58385
otherwise being engaged in petroleum production, refining, or	58386
marketing, holds indicia of ownership in an underground storage	58387
tank system primarily to protect the person's security interest in	58388
it.	58389

(I) "Person," in addition to the meaning in section 3737.01	58390
of the Revised Code, means the United States and any department,	58391
agency, or instrumentality thereof.	58392

(J) "Petroleum" means petroleum, including crude oil or any	58393
fraction thereof, that is a liquid at the temperature of sixty	58394
degrees Fahrenheit and the pressure of fourteen and seven-tenths	58395
pounds per square inch absolute. ~~The term~~"Petroleum" includes,	58396
without limitation, motor fuels, jet fuels, distillate fuel oils,	58397
residual fuel oils, lubricants, petroleum solvents, and used oils.	58398

(K) "Petroleum underground storage tank linked deposit" means	58399
a certificate of deposit placed by the treasurer of state with an	58400
eligible lending institution pursuant to sections 3737.95 to	58401
3737.98 of the Revised Code.	58402

(L) "Regulated substance" means petroleum or any substance	58403
identified or listed as a hazardous substance in rules adopted	58404
under division (D) of section 3737.88 of the Revised Code.	58405

(M) "Release" means any spilling, leaking, emitting,	58406
discharging, escaping, leaching, or disposing of from an	58407
underground storage tank system into ground or surface water or	58408
subsurface soils or otherwise into the environment.	58409

(N) Notwithstanding division (F) of section 3737.01 of the	58410
Revised Code, "responsible person" means the person who is the	58411
owner or operator of an underground storage tank system.	58412

(O) "Tank" means a stationary device designed to contain an	58413
accumulation of regulated substances that is constructed of	58414
~~manmade~~manufactured materials.	58415

(P) "Underground storage tank" means one or any combination	58416
of tanks, including the underground pipes connected thereto, that	58417
are used to contain an accumulation of regulated substances the	58418
volume of which, including the volume of the underground pipes	58419
connected thereto, is ten per cent or more beneath the surface of	58420
the ground.	58421

~~The term~~"Underground storage tank" does not include any of	58422
the following or any pipes connected to any of the following:	58423

(1) Pipeline facilities, including gathering lines, regulated	58424
under the "Natural Gas Pipeline Safety Act of 1968," 82 Stat. 720,	58425
49 U.S.C.A. 1671, as amended, or the "Hazardous Liquid Pipeline	58426
Safety Act of 1979," 93 Stat. 1003, 49 U.S.C.A. 2001, as amended;	58427

(2) Farm or residential tanks of one thousand one hundred	58428
gallons or less capacity used for storing motor fuel for	58429
noncommercial purposes;	58430

(3) Tanks used for storing heating fuel for consumptive use	58431
on the premises where stored;	58432

(4) Surface impoundments, pits, ponds, or lagoons;

58433

(5) Storm or waste water collection systems;

58434

(6) Flow-through process tanks;

58435

(7) Storage tanks located in underground areas, including,	58436
without limitation, basements, cellars, mine workings, drifts,	58437
shafts, or tunnels, when the tanks are located on or above the	58438
surface of the floor;	58439

(8) Septic tanks;

58440

(9) Liquid traps or associated gathering lines directly	58441
related to oil or gas production and gathering operations.	58442

(Q) "Underground storage tank system" means an underground	58443
storage tank and the connected underground piping, underground	58444
ancillary equipment, and containment system, if any.	58445

(R) "Revenues" means all fees, premiums, and charges paid by	58446
owners and operators of petroleum underground storage tanks to the	58447
petroleum underground storage tank release compensation board	58448
created in section 3737.90 of the Revised Code; proceeds received	58449
by the board from any insurance, condemnation, or guaranty; the	58450
proceeds of petroleum underground storage tank revenue bonds; and	58451
the income and profits from the investment of any such revenues.	58452

(S) "Revenue bonds," unless the context indicates a different	58453
meaning or intent, means petroleum underground storage tank	58454
revenue bonds and petroleum underground storage tank revenue	58455
refunding bonds that are issued by the petroleum underground	58456
storage tank release compensation board pursuant to sections	58457
3737.90 to 3737.948 of the Revised Code.	58458

(T) "Class C release" means a release of petroleum occurring	58459
or identified from an underground storage tank system subject to	58460
sections 3737.87 to 3737.89 of the Revised Code for which the	58461
responsible person for the release is specifically determined by	58462
the fire marshal not to be a viable person capable of undertaking	58463
or completing the corrective actions required under those sections	58464
for the release. "Class C release" also includes any release	58465
designated as a "class C release" in accordance with rules adopted	58466
under section 3737.88 of the Revised Code.	58467

Sec. 3737.88. (A)(1) The fire marshal shall have	58468
responsibility for implementation of the underground storage tank	58469
program and corrective action program for releases of petroleum	58470
from underground ~~petroleum~~ storage tanks established by the	58471
"Resource Conservation and Recovery Act of 1976," 90 Stat. 2795,	58472
42 U.S.C.A. 6901, as amended. To implement the ~~program~~programs,	58473
the fire marshal may adopt, amend, and rescind such rules, conduct	58474
such inspections, require annual registration of underground	58475
storage tanks, issue such citations and orders to enforce those	58476
rules, enter into environmental covenants in accordance with	58477
sections 5301.80 to 5301.92 of the Revised Code, and perform such	58478
other duties, as are consistent with those programs. The fire	58479
marshal, by rule, may delegate the authority to conduct	58480
inspections of underground storage tanks to certified fire safety	58481
inspectors.	58482

(2) In the place of any rules regarding release containment	58483
and release detection for underground storage tanks adopted under	58484
division (A)(1) of this section, the fire marshal, by rule, shall	58485
designate areas as being sensitive for the protection of human	58486
health and the environment and adopt alternative rules regarding	58487
release containment and release detection methods for new and	58488
upgraded underground storage tank systems located in those areas.	58489
In designating such areas, the fire marshal shall take into	58490
consideration such factors as soil conditions, hydrogeology, water	58491
use, and the location of public and private water supplies. Not	58492
later than July 11, 1990, the fire marshal shall file the rules	58493
required under this division with the secretary of state, director	58494
of the legislative service commission, and joint committee on	58495
agency rule review in accordance with divisions (B) and (H) of	58496
section 119.03 of the Revised Code.	58497

(3) Notwithstanding sections 3737.87 to 3737.89 of the	58498
Revised Code, a person who is not a responsible person may conduct	58499
a voluntary action in accordance with Chapter 3746. of the Revised	58500
Code and rules adopted under it for a class C release. The	58501
director of environmental protection, pursuant to section 3746.12	58502
of the Revised Code, may issue a covenant not to sue to any person	58503
who properly completes a voluntary action with respect to a class	58504
C release in accordance with Chapter 3746. of the Revised Code and	58505
rules adopted under it.	58506

(B) Before adopting any rule under this section or section	58507
3737.881 or 3737.882 of the Revised Code, the fire marshal shall	58508
file written notice of the proposed rule with the chairperson of	58509
the state fire commission, and, within sixty days after notice is	58510
filed, the commission may file responses to or comments on and may	58511
recommend alternative or supplementary rules to the fire marshal.	58512
At the end of the sixty-day period or upon the filing of	58513
responses, comments, or recommendations by the commission, the	58514
fire marshal may adopt the rule filed with the commission or any	58515
alternative or supplementary rule recommended by the commission.	58516

(C) The fire commission may recommend courses of action to be	58517
taken by the fire marshal in carrying out the fire marshal's	58518
duties under this section. The commission shall file its	58519
recommendations in the office of the fire marshal, and, within	58520
sixty days after the recommendations are filed, the fire marshal	58521
shall file with the chairperson of the commission comments on, and	58522
proposed action in response to, the recommendations.	58523

(D) For the purpose of sections 3737.87 to 3737.89 of the	58524
Revised Code, the fire marshal shall adopt, and may amend and	58525
rescind, rules identifying or listing hazardous substances. The	58526
rules shall be consistent with and equivalent in scope, coverage,	58527
and content to regulations identifying or listing hazardous	58528
substances adopted under the "Comprehensive Environmental	58529
Response, Compensation, and Liability Act of 1980," 94 Stat. 2779,	58530
42 U.S.C.A. 9602, as amended, except that the fire marshal shall	58531
not identify or list as a hazardous substance any hazardous waste	58532
identified or listed in rules adopted under division (A) of	58533
section 3734.12 of the Revised Code.	58534

(E) ~~Notwithstanding any provision of the laws of this state~~	58535
~~to the contrary~~Except as provided in division (A)(3) of this	58536
section, the fire marshal ~~has~~shall have exclusive jurisdiction to	58537
regulate the storage, treatment, and disposal of petroleum	58538
contaminated soil generated from corrective actions undertaken in	58539
response to releases of petroleum from underground storage tank	58540
systems. The fire marshal may adopt, amend, or rescind such rules	58541
as the fire marshal considers to be necessary or appropriate to	58542
regulate the storage, treatment, or disposal of petroleum	58543
contaminated soil so generated.	58544

(F) The fire marshal shall adopt, amend, and rescind rules	58545
under sections 3737.88 to 3737.882 of the Revised Code in	58546
accordance with Chapter 119. of the Revised Code.	58547

Sec. 3745.015. There is hereby created in the state treasury	58548
the environmental protection fund consisting of money credited to	58549
the fund under ~~divisions~~division (A)(3) ~~and (4)~~ of section	58550
3734.57 of the Revised Code. The environmental protection agency	58551
shall use money in the fund to pay the agency's costs associated	58552
with administering and enforcing, or otherwise conducting	58553
activities under, this chapter and Chapters 3704., 3734., 3746.,	58554
3747., 3748., 3750., 3751., 3752., 3753., 5709., 6101., 6103.,	58555
6105., 6109., 6111., 6112., 6113., 6115., 6117., and 6119. and	58556
sections 122.65 and 1521.19 of the Revised Code.	58557

Sec. 3745.016. There is hereby created in the state treasury	58558
the federally supported cleanup and response fund consisting of	58559
money credited to the fund from federal grants, gifts, and	58560
contributions to support the investigation and remediation of	58561
contaminated property. The environmental protection agency shall	58562
use money in the fund to support the investigation and remediation	58563
of contaminated property.	58564

Sec. 3745.05. (A) In hearing the appeal, if an adjudication	58565
hearing was conducted by the director of environmental protection	58566
in accordance with sections 119.09 and 119.10 of the Revised Code	58567
or conducted by a board of health, the environmental review	58568
appeals commission is confined to the record as certified to it by	58569
the director or the board of health, as applicable. The commission	58570
may grant a request for the admission of additional evidence when	58571
satisfied that such additional evidence is newly discovered and	58572
could not with reasonable diligence have been ascertained prior to	58573
the hearing before the director or the board, as applicable. If no	58574
adjudication hearing was conducted in accordance with sections	58575
119.09 and 119.10 of the Revised Code or conducted by a board of	58576
health, the commission shall conduct a hearing de novo on the	58577
appeal.	58578

For the purpose of conducting a de novo hearing, or where the	58579
commission has granted a request for the admission of additional	58580
evidence, the commission may require the attendance of witnesses	58581
and the production of written or printed materials.	58582

When conducting a de novo hearing, or when a request for the	58583
admission of additional evidence has been granted, the commission	58584
may, and at the request of any party it shall, issue subpoenas for	58585
witnesses or for books, papers, correspondence, memoranda,	58586
agreements, or other documents or records relevant or material to	58587
the inquiry directed to the sheriff of the counties where the	58588
witnesses or documents or records are found, which subpoenas shall	58589
be served and returned in the same manner as those allowed by the	58590
court of common pleas in criminal cases.	58591

(B) The fees of sheriffs shall be the same as those allowed	58592
by the court of common pleas in criminal cases. Witnesses shall be	58593
paid the fees and mileage provided for under section 119.094 of	58594
the Revised Code. The fee and mileage expenses incurred at the	58595
request of the appellant shall be paid in advance by the	58596
appellant, and the remainder of the expenses shall be paid out of	58597
funds appropriated for the expenses of the commission.	58598

(C) In case of disobedience or neglect of any subpoena served	58599
on any person, or the refusal of any witness to testify to any	58600
matter regarding which the witness may be lawfully interrogated,	58601
the court of common pleas of the county in which the disobedience,	58602
neglect, or refusal occurs, or any judge thereof, on application	58603
of the commission or any member thereof, may compel obedience by	58604
attachment proceedings for contempt as in the case of disobedience	58605
of the requirements of a subpoena issued from the court or a	58606
refusal to testify therein.	58607

(D) A witness at any hearing shall testify under oath or	58608
affirmation, which any member of the commission may administer. A	58609
witness, if the witness requests, shall be permitted to be	58610
accompanied, represented, and advised by an attorney, whose	58611
participation in the hearing shall be limited to the protection of	58612
the rights of the witness, and who may not examine or	58613
cross-examine witnesses. A witness shall be advised of the right	58614
to counsel before the witness is interrogated.	58615

(E) A stenographic or electronic record of the testimony and	58616
other evidence submitted shall be taken by an official court	58617
~~shorthand~~ reporter. The record shall include all of the testimony	58618
and other evidence and the rulings on the admissibility thereof	58619
presented at the hearing. The commission shall pass upon the	58620
admissibility of evidence, but any party may at the time object to	58621
the admission of any evidence and except to the rulings of the	58622
commission thereon, and if the commission refuses to admit	58623
evidence the party offering same may make a proffer thereof, and	58624
such proffer shall be made a part of the record of such hearing.	58625

Any party may request the stenographic or electronic record	58626
of the hearing. Promptly after receiving such a request, the	58627
commission shall prepare and provide the stenographic or	58628
electronic record of the hearing to the party who requested it.	58629
The commission may charge a fee to the party who requested the	58630
stenographic or electronic record that does not exceed the cost to	58631
the commission for preparing and transcribing or transmitting it.	58632

(F) If, upon completion of the hearing, the commission finds	58633
that the action appealed from was lawful and reasonable, it shall	58634
make a written order affirming the action, or if the commission	58635
finds that the action was unreasonable or unlawful, it shall make	58636
a written order vacating or modifying the action appealed from.	58637

The commission shall issue a written order affirming,	58638
vacating, or modifying an action pursuant to the following	58639
schedule:	58640

(1) For an appeal that was filed with the commission before	58641
April 15, 2008, the commission shall issue a written order not	58642
later than December 15, 2009.	58643

(2) For all other appeals that have been filed with the	58644
commission as of October 15, 2009, the commission shall issue a	58645
written order not later than July 15, 2010.	58646

(3) For an appeal that is filed with the commission after	58647
October 15, 2009, the commission shall issue a written order not	58648
later than twelve months after the filing of the appeal with the	58649
commission.	58650

(G) Every order made by the commission shall contain a	58651
written finding by the commission of the facts upon which the	58652
order is based. Notice of the making of the order shall be given	58653
forthwith to each party to the appeal by mailing a certified copy	58654
thereof to each party by certified mail, with a statement of the	58655
time and method by which an appeal may be perfected.	58656

(H) The order of the commission is final unless vacated or	58657
modified upon judicial review.	58658

Sec. 3745.11. (A) Applicants for and holders of permits,	58659
licenses, variances, plan approvals, and certifications issued by	58660
the director of environmental protection pursuant to Chapters	58661
3704., 3734., 6109., and 6111. of the Revised Code shall pay a fee	58662
to the environmental protection agency for each such issuance and	58663
each application for an issuance as provided by this section. No	58664
fee shall be charged for any issuance for which no application has	58665
been submitted to the director.	58666

(B) Each person who is issued a permit to install prior to	58667
July 1, 2003, pursuant to rules adopted under division (F) of	58668
section 3704.03 of the Revised Code shall pay the fees specified	58669
in the following schedules:	58670

(1) Fuel-burning equipment (boilers)

58671

Input capacity (maximum)					58672
(million British thermal units per hour)		Permit to install			58673

Greater than 0, but less than 10	$ 200	58674
10 or more, but less than 100	400	58675
100 or more, but less than 300	800	58676
300 or more, but less than 500	1500	58677
500 or more, but less than 1000	2500	58678
1000 or more, but less than 5000	4000	58679
5000 or more	6000	58680

Units burning exclusively natural gas, number two fuel oil,	58681
or both shall be assessed a fee that is one-half of the applicable	58682
amount established in division (F)(1) of this section.	58683

(2) Incinerators

58684

Input capacity (pounds per hour)

Permit to install

58685

0 to 100	$ 100	58686
101 to 500	400	58687
501 to 2000	750	58688
2001 to 20,000	1000	58689
more than 20,000	2500	58690

(3)(a) Process

58691

Process weight rate (pounds per hour)

Permit to install

58692

0 to 1000	$ 200	58693
1001 to 5000	400	58694
5001 to 10,000	600	58695
10,001 to 50,000	800	58696
more than 50,000	1000	58697

In any process where process weight rate cannot be	58698
ascertained, the minimum fee shall be assessed.	58699

(b) Notwithstanding division (B)(3)(a) of this section, any	58700
person issued a permit to install pursuant to rules adopted under	58701
division (F) of section 3704.03 of the Revised Code shall pay the	58702
fees established in division (B)(3)(c) of this section for a	58703
process used in any of the following industries, as identified by	58704
the applicable four-digit standard industrial classification code	58705
according to the Standard Industrial Classification Manual	58706
published by the United States office of management and budget in	58707
the executive office of the president, 1972, as revised:	58708

1211 Bituminous coal and lignite mining;

58709

1213 Bituminous coal and lignite mining services;

58710

1411 Dimension stone;

58711

1422 Crushed and broken limestone;

58712

1427 Crushed and broken stone, not elsewhere classified;

58713

1442 Construction sand and gravel;

58714

1446 Industrial sand;

58715

3281 Cut stone and stone products;

58716

3295 Minerals and earth, ground or otherwise treated.

58717

(c) The fees established in the following schedule apply to	58718
the issuance of a permit to install pursuant to rules adopted	58719
under division (F) of section 3704.03 of the Revised Code for a	58720
process listed in division (B)(3)(b) of this section:	58721

Process weight rate (pounds per hour)

Permit to install

58722

0 to 1000	$ 200	58723
10,001 to 50,000	300	58724
50,001 to 100,000	400	58725
100,001 to 200,000	500	58726
200,001 to 400,000	600	58727
400,001 or more	700	58728

(4) Storage tanks

58729

Gallons (maximum useful capacity)

Permit to install

58730

0 to 20,000	$ 100	58731
20,001 to 40,000	150	58732
40,001 to 100,000	200	58733
100,001 to 250,000	250	58734
250,001 to 500,000	350	58735
500,001 to 1,000,000	500	58736
1,000,001 or greater	750	58737

(5) Gasoline/fuel dispensing facilities

58738

For each gasoline/fuel dispensing		Permit to install			58739
facility		$ 100			58740

(6) Dry cleaning facilities

58741

For each dry cleaning facility		Permit to install			58742
(includes all units at the facility)		$ 100			58743

(7) Registration status

58744

For each source covered		Permit to install			58745
by registration status		$ 75			58746

(C)(1) Except as otherwise provided in division (C)(2) of	58747
this section, beginning July 1, 1994, each person who owns or	58748
operates an air contaminant source and who is required to apply	58749
for and obtain a Title V permit under section 3704.036 of the	58750
Revised Code shall pay the fees set forth in division (C)(1) of	58751
this section. For the purposes of that division, total emissions	58752
of air contaminants may be calculated using engineering	58753
calculations, emissions factors, material balance calculations, or	58754
performance testing procedures, as authorized by the director.	58755

The following fees shall be assessed on the total actual	58756
emissions from a source in tons per year of the regulated	58757
pollutants particulate matter, sulfur dioxide, nitrogen oxides,	58758
organic compounds, and lead:	58759

(a) Fifteen dollars per ton on the total actual emissions of	58760
each such regulated pollutant during the period July through	58761
December 1993, to be collected no sooner than July 1, 1994;	58762

(b) Twenty dollars per ton on the total actual emissions of	58763
each such regulated pollutant during calendar year 1994, to be	58764
collected no sooner than April 15, 1995;	58765

(c) Twenty-five dollars per ton on the total actual emissions	58766
of each such regulated pollutant in calendar year 1995, and each	58767
subsequent calendar year, to be collected no sooner than the	58768
fifteenth day of April of the year next succeeding the calendar	58769
year in which the emissions occurred.	58770

The fees levied under division (C)(1) of this section do not	58771
apply to that portion of the emissions of a regulated pollutant at	58772
a facility that exceed four thousand tons during a calendar year.	58773

(2) The fees assessed under division (C)(1) of this section	58774
are for the purpose of providing funding for the Title V permit	58775
program.	58776

(3) The fees assessed under division (C)(1) of this section	58777
do not apply to emissions from any electric generating unit	58778
designated as a Phase I unit under Title IV of the federal Clean	58779
Air Act prior to calendar year 2000. Those fees shall be assessed	58780
on the emissions from such a generating unit commencing in	58781
calendar year 2001 based upon the total actual emissions from the	58782
generating unit during calendar year 2000 and shall continue to be	58783
assessed each subsequent calendar year based on the total actual	58784
emissions from the generating unit during the preceding calendar	58785
year.	58786

(4) The director shall issue invoices to owners or operators	58787
of air contaminant sources who are required to pay a fee assessed	58788
under division (C) or (D) of this section. Any such invoice shall	58789
be issued no sooner than the applicable date when the fee first	58790
may be collected in a year under the applicable division, shall	58791
identify the nature and amount of the fee assessed, and shall	58792
indicate that the fee is required to be paid within thirty days	58793
after the issuance of the invoice.	58794

(D)(1) Except as provided in division (D)(3) of this section,	58795
from January 1, 1994, through December 31, 2003, each person who	58796
owns or operates an air contaminant source; who is required to	58797
apply for a permit to operate pursuant to rules adopted under	58798
division (G), or a variance pursuant to division (H), of section	58799
3704.03 of the Revised Code; and who is not required to apply for	58800
and obtain a Title V permit under section 3704.036 of the Revised	58801
Code shall pay a single fee based upon the sum of the actual	58802
annual emissions from the facility of the regulated pollutants	58803
particulate matter, sulfur dioxide, nitrogen oxides, organic	58804
compounds, and lead in accordance with the following schedule:	58805

Total tons per year		58806
of regulated pollutants	Annual fee	58807
emitted	per facility	58808
More than 0, but less than 50	$ 75	58809
50 or more, but less than 100	300	58810
100 or more	700	58811

(2) Except as provided in division (D)(3) of this section,	58812
beginning January 1, 2004, each person who owns or operates an air	58813
contaminant source; who is required to apply for a permit to	58814
operate pursuant to rules adopted under division (G), or a	58815
variance pursuant to division (H), of section 3704.03 of the	58816
Revised Code; and who is not required to apply for and obtain a	58817
Title V permit under section 3704.03 of the Revised Code shall pay	58818
a single fee based upon the sum of the actual annual emissions	58819
from the facility of the regulated pollutants particulate matter,	58820
sulfur dioxide, nitrogen oxides, organic compounds, and lead in	58821
accordance with the following schedule:	58822

Total tons per year		58823
of regulated pollutants	Annual fee	58824
emitted	per facility	58825
More than 0, but less than 10	$ 100	58826
10 or more, but less than 50	200	58827
50 or more, but less than 100	300	58828
100 or more	700	58829

(3)(a) As used in division (D) of this section, "synthetic	58830
minor facility" means a facility for which one or more permits to	58831
install or permits to operate have been issued for the air	58832
contaminant sources at the facility that include terms and	58833
conditions that lower the facility's potential to emit air	58834
contaminants below the major source thresholds established in	58835
rules adopted under section 3704.036 of the Revised Code.	58836

(b) Beginning January 1, 2000, through June 30, ~~2012~~2014,	58837
each person who owns or operates a synthetic minor facility shall	58838
pay an annual fee based on the sum of the actual annual emissions	58839
from the facility of particulate matter, sulfur dioxide, nitrogen	58840
dioxide, organic compounds, and lead in accordance with the	58841
following schedule:	58842

Combined total tons		58843
per year of all regulated	Annual fee	58844
pollutants emitted	per facility	58845

Less than 10	$ 170	58846
10 or more, but less than 20	340	58847
20 or more, but less than 30	670	58848
30 or more, but less than 40	1,010	58849
40 or more, but less than 50	1,340	58850
50 or more, but less than 60	1,680	58851
60 or more, but less than 70	2,010	58852
70 or more, but less than 80	2,350	58853
80 or more, but less than 90	2,680	58854
90 or more, but less than 100	3,020	58855
100 or more	3,350	58856

(4) The fees assessed under division (D)(1) of this section	58857
shall be collected annually no sooner than the fifteenth day of	58858
April, commencing in 1995. The fees assessed under division (D)(2)	58859
of this section shall be collected annually no sooner than the	58860
fifteenth day of April, commencing in 2005. The fees assessed	58861
under division (D)(3) of this section shall be collected no sooner	58862
than the fifteenth day of April, commencing in 2000. The fees	58863
assessed under division (D) of this section in a calendar year	58864
shall be based upon the sum of the actual emissions of those	58865
regulated pollutants during the preceding calendar year. For the	58866
purpose of division (D) of this section, emissions of air	58867
contaminants may be calculated using engineering calculations,	58868
emission factors, material balance calculations, or performance	58869
testing procedures, as authorized by the director. The director,	58870
by rule, may require persons who are required to pay the fees	58871
assessed under division (D) of this section to pay those fees	58872
biennially rather than annually.	58873

(E)(1) Consistent with the need to cover the reasonable costs	58874
of the Title V permit program, the director annually shall	58875
increase the fees prescribed in division (C)(1) of this section by	58876
the percentage, if any, by which the consumer price index for the	58877
most recent calendar year ending before the beginning of a year	58878
exceeds the consumer price index for calendar year 1989. Upon	58879
calculating an increase in fees authorized by division (E)(1) of	58880
this section, the director shall compile revised fee schedules for	58881
the purposes of division (C)(1) of this section and shall make the	58882
revised schedules available to persons required to pay the fees	58883
assessed under that division and to the public.	58884

(2) For the purposes of division (E)(1) of this section:

58885

(a) The consumer price index for any year is the average of	58886
the consumer price index for all urban consumers published by the	58887
United States department of labor as of the close of the	58888
twelve-month period ending on the thirty-first day of August of	58889
that year.	58890

(b) If the 1989 consumer price index is revised, the director	58891
shall use the revision of the consumer price index that is most	58892
consistent with that for calendar year 1989.	58893

(F) Each person who is issued a permit to install pursuant to	58894
rules adopted under division (F) of section 3704.03 of the Revised	58895
Code on or after July 1, 2003, shall pay the fees specified in the	58896
following schedules:	58897

(1) Fuel-burning equipment (boilers, furnaces, or process	58898
heaters used in the process of burning fuel for the primary	58899
purpose of producing heat or power by indirect heat transfer)	58900

Input capacity (maximum)		58901
(million British thermal units per hour)	Permit to install	58902
Greater than 0, but less than 10	$ 200	58903
10 or more, but less than 100	400	58904
100 or more, but less than 300	1000	58905
300 or more, but less than 500	2250	58906
500 or more, but less than 1000	3750	58907
1000 or more, but less than 5000	6000	58908
5000 or more	9000	58909

Units burning exclusively natural gas, number two fuel oil,	58910
or both shall be assessed a fee that is one-half the applicable	58911
amount shown in division (F)(1) of this section.	58912

(2) Combustion turbines and stationary internal combustion	58913
engines designed to generate electricity	58914

Generating capacity (mega watts)	Permit to install	58915
0 or more, but less than 10	$ 25	58916
10 or more, but less than 25	150	58917
25 or more, but less than 50	300	58918
50 or more, but less than 100	500	58919
100 or more, but less than 250	1000	58920
250 or more	2000	58921

(3) Incinerators

58922

Input capacity (pounds per hour)	Permit to install	58923
0 to 100	$ 100	58924
101 to 500	500	58925
501 to 2000	1000	58926
2001 to 20,000	1500	58927
more than 20,000	3750	58928

(4)(a) Process

58929

Process weight rate (pounds per hour)	Permit to install	58930
0 to 1000	$ 200	58931
1001 to 5000	500	58932
5001 to 10,000	750	58933
10,001 to 50,000	1000	58934
more than 50,000	1250	58935

In any process where process weight rate cannot be	58936
ascertained, the minimum fee shall be assessed. A boiler, furnace,	58937
combustion turbine, stationary internal combustion engine, or	58938
process heater designed to provide direct heat or power to a	58939
process not designed to generate electricity shall be assessed a	58940
fee established in division (F)(4)(a) of this section. A	58941
combustion turbine or stationary internal combustion engine	58942
designed to generate electricity shall be assessed a fee	58943
established in division (F)(2) of this section.	58944

(b) Notwithstanding division (F)(4)(a) of this section, any	58945
person issued a permit to install pursuant to rules adopted under	58946
division (F) of section 3704.03 of the Revised Code shall pay the	58947
fees set forth in division (F)(4)(c) of this section for a process	58948
used in any of the following industries, as identified by the	58949
applicable two-digit, three-digit, or four-digit standard	58950
industrial classification code according to the Standard	58951
Industrial Classification Manual published by the United States	58952
office of management and budget in the executive office of the	58953
president, 1987, as revised:	58954

Major group 10, metal mining;

58955

Major group 12, coal mining;

58956

Major group 14, mining and quarrying of nonmetallic minerals;

58957

Industry group 204, grain mill products;

58958

2873 Nitrogen fertilizers;

58959

2874 Phosphatic fertilizers;

58960

3281 Cut stone and stone products;

58961

3295 Minerals and earth, ground or otherwise treated;

58962

4221 Grain elevators (storage only);

58963

5159 Farm related raw materials;

58964

5261 Retail nurseries and lawn and garden supply stores.

58965

(c) The fees set forth in the following schedule apply to the	58966
issuance of a permit to install pursuant to rules adopted under	58967
division (F) of section 3704.03 of the Revised Code for a process	58968
identified in division (F)(4)(b) of this section:	58969

Process weight rate (pounds per hour)	Permit to install	58970
0 to 10,000	$ 200	58971
10,001 to 50,000	400	58972
50,001 to 100,000	500	58973
100,001 to 200,000	600	58974
200,001 to 400,000	750	58975
400,001 or more	900	58976

(5) Storage tanks

58977

Gallons (maximum useful capacity)	Permit to install	58978
0 to 20,000	$ 100	58979
20,001 to 40,000	150	58980
40,001 to 100,000	250	58981
100,001 to 500,000	400	58982
500,001 or greater	750	58983

(6) Gasoline/fuel dispensing facilities

58984

For each gasoline/fuel		58985
dispensing facility (includes all	Permit to install	58986
units at the facility)	$ 100	58987

(7) Dry cleaning facilities

58988

For each dry cleaning		58989
facility (includes all units	Permit to install	58990
at the facility)	$ 100	58991

(8) Registration status

58992

For each source covered			Permit to install			58993
by registration status			$ 75			58994

(G) An owner or operator who is responsible for an asbestos	58995
demolition or renovation project pursuant to rules adopted under	58996
section 3704.03 of the Revised Code shall pay the fees set forth	58997
in the following schedule:	58998

Action	Fee	58999
Each notification	$75	59000
Asbestos removal	$3/unit	59001
Asbestos cleanup	$4/cubic yard	59002

For purposes of this division, "unit" means any combination of	59003
linear feet or square feet equal to fifty.	59004

(H) A person who is issued an extension of time for a permit	59005
to install an air contaminant source pursuant to rules adopted	59006
under division (F) of section 3704.03 of the Revised Code shall	59007
pay a fee equal to one-half the fee originally assessed for the	59008
permit to install under this section, except that the fee for such	59009
an extension shall not exceed two hundred dollars.	59010

(I) A person who is issued a modification to a permit to	59011
install an air contaminant source pursuant to rules adopted under	59012
section 3704.03 of the Revised Code shall pay a fee equal to	59013
one-half of the fee that would be assessed under this section to	59014
obtain a permit to install the source. The fee assessed by this	59015
division only applies to modifications that are initiated by the	59016
owner or operator of the source and shall not exceed two thousand	59017
dollars.	59018

(J) Notwithstanding division (B) or (F) of this section, a	59019
person who applies for or obtains a permit to install pursuant to	59020
rules adopted under division (F) of section 3704.03 of the Revised	59021
Code after the date actual construction of the source began shall	59022
pay a fee for the permit to install that is equal to twice the fee	59023
that otherwise would be assessed under the applicable division	59024
unless the applicant received authorization to begin construction	59025
under division (W) of section 3704.03 of the Revised Code. This	59026
division only applies to sources for which actual construction of	59027
the source begins on or after July 1, 1993. The imposition or	59028
payment of the fee established in this division does not preclude	59029
the director from taking any administrative or judicial	59030
enforcement action under this chapter, Chapter 3704., 3714.,	59031
3734., or 6111. of the Revised Code, or a rule adopted under any	59032
of them, in connection with a violation of rules adopted under	59033
division (F) of section 3704.03 of the Revised Code.	59034

As used in this division, "actual construction of the source"	59035
means the initiation of physical on-site construction activities	59036
in connection with improvements to the source that are permanent	59037
in nature, including, without limitation, the installation of	59038
building supports and foundations and the laying of underground	59039
pipework.	59040

(K) Fifty cents per ton of each fee assessed under division	59041
(C) of this section on actual emissions from a source and received	59042
by the environmental protection agency pursuant to that division	59043
shall be deposited into the state treasury to the credit of the	59044
small business assistance fund created in section 3706.19 of the	59045
Revised Code. The remainder of the moneys received by the division	59046
pursuant to that division and moneys received by the agency	59047
pursuant to divisions (D), (F), (G), (H), (I), and (J) of this	59048
section shall be deposited in the state treasury to the credit of	59049
the clean air fund created in section 3704.035 of the Revised	59050
Code.	59051

(L)(1)(a) Except as otherwise provided in division (L)(1)(b)	59052
or (c) of this section, a person issued a water discharge permit	59053
or renewal of a water discharge permit pursuant to Chapter 6111.	59054
of the Revised Code shall pay a fee based on each point source to	59055
which the issuance is applicable in accordance with the following	59056
schedule:	59057

Design flow discharge (gallons per day)	Fee	59058
0 to 1000	$ 0	59059
1,001 to 5000	100	59060
5,001 to 50,000	200	59061
50,001 to 100,000	300	59062
100,001 to 300,000	525	59063
over 300,000	750	59064

(b) Notwithstanding the fee schedule specified in division	59065
(L)(1)(a) of this section, the fee for a water discharge permit	59066
that is applicable to coal mining operations regulated under	59067
Chapter 1513. of the Revised Code shall be two hundred fifty	59068
dollars per mine.	59069

(c) Notwithstanding the fee schedule specified in division	59070
(L)(1)(a) of this section, the fee for a water discharge permit	59071
for a public discharger identified by I in the third character of	59072
the permittee's NPDES permit number shall not exceed seven hundred	59073
fifty dollars.	59074

(2) A person applying for a plan approval for a wastewater	59075
treatment works pursuant to section 6111.44, 6111.45, or 6111.46	59076
of the Revised Code shall pay a fee of one hundred dollars plus	59077
sixty-five one-hundredths of one per cent of the estimated project	59078
cost through June 30, ~~2012~~2014, and one hundred dollars plus	59079
two-tenths of one per cent of the estimated project cost on and	59080
after July 1, ~~2012~~2014, except that the total fee shall not	59081
exceed fifteen thousand dollars through June 30, ~~2012~~2014, and	59082
five thousand dollars on and after July 1, ~~2012~~2014. The fee	59083
shall be paid at the time the application is submitted.	59084

(3) A person issued a modification of a water discharge	59085
permit shall pay a fee equal to one-half the fee that otherwise	59086
would be charged for a water discharge permit, except that the fee	59087
for the modification shall not exceed four hundred dollars.	59088

(4) A person who has entered into an agreement with the	59089
director under section 6111.14 of the Revised Code shall pay an	59090
administrative service fee for each plan submitted under that	59091
section for approval that shall not exceed the minimum amount	59092
necessary to pay administrative costs directly attributable to	59093
processing plan approvals. The director annually shall calculate	59094
the fee and shall notify all persons who have entered into	59095
agreements under that section, or who have applied for agreements,	59096
of the amount of the fee.	59097

(5)(a)(i) Not later than January 30, ~~2010~~2012, and January	59098
30, ~~2011~~2013, a person holding an NPDES discharge permit issued	59099
pursuant to Chapter 6111. of the Revised Code with an average	59100
daily discharge flow of five thousand gallons or more shall pay a	59101
nonrefundable annual discharge fee. Any person who fails to pay	59102
the fee at that time shall pay an additional amount that equals	59103
ten per cent of the required annual discharge fee.	59104

(ii) The billing year for the annual discharge fee	59105
established in division (L)(5)(a)(i) of this section shall consist	59106
of a twelve-month period beginning on the first day of January of	59107
the year preceding the date when the annual discharge fee is due.	59108
In the case of an existing source that permanently ceases to	59109
discharge during a billing year, the director shall reduce the	59110
annual discharge fee, including the surcharge applicable to	59111
certain industrial facilities pursuant to division (L)(5)(c) of	59112
this section, by one-twelfth for each full month during the	59113
billing year that the source was not discharging, but only if the	59114
person holding the NPDES discharge permit for the source notifies	59115
the director in writing, not later than the first day of October	59116
of the billing year, of the circumstances causing the cessation of	59117
discharge.	59118

(iii) The annual discharge fee established in division	59119
(L)(5)(a)(i) of this section, except for the surcharge applicable	59120
to certain industrial facilities pursuant to division (L)(5)(c) of	59121
this section, shall be based upon the average daily discharge flow	59122
in gallons per day calculated using first day of May through	59123
thirty-first day of October flow data for the period two years	59124
prior to the date on which the fee is due. In the case of NPDES	59125
discharge permits for new sources, the fee shall be calculated	59126
using the average daily design flow of the facility until actual	59127
average daily discharge flow values are available for the time	59128
period specified in division (L)(5)(a)(iii) of this section. The	59129
annual discharge fee may be prorated for a new source as described	59130
in division (L)(5)(a)(ii) of this section.	59131

(b) An NPDES permit holder that is a public discharger shall	59132
pay the fee specified in the following schedule:	59133

Average daily	Fee due by	59134
discharge flow	January 30,	59135
	~~2010~~ 2012, and	59136
	January 30, ~~2011~~ 2013	59137

5,000 to 49,999	$ 200	59138
50,000 to 100,000	500	59139
100,001 to 250,000	1,050	59140
250,001 to 1,000,000	2,600	59141
1,000,001 to 5,000,000	5,200	59142
5,000,001 to 10,000,000	10,350	59143
10,000,001 to 20,000,000	15,550	59144
20,000,001 to 50,000,000	25,900	59145
50,000,001 to 100,000,000	41,400	59146
100,000,001 or more	62,100	59147

Public dischargers owning or operating two or more publicly	59148
owned treatment works serving the same political subdivision, as	59149
"treatment works" is defined in section 6111.01 of the Revised	59150
Code, and that serve exclusively political subdivisions having a	59151
population of fewer than one hundred thousand shall pay an annual	59152
discharge fee under division (L)(5)(b) of this section that is	59153
based on the combined average daily discharge flow of the	59154
treatment works.	59155

(c) An NPDES permit holder that is an industrial discharger,	59156
other than a coal mining operator identified by P in the third	59157
character of the permittee's NPDES permit number, shall pay the	59158
fee specified in the following schedule:	59159

Average daily	Fee due by	59160
discharge flow	January 30,	59161
	~~2010~~ 2012, and	59162
	January 30, ~~2011~~ 2013	59163

5,000 to 49,999	$ 250	59164
50,000 to 250,000	1,200	59165
250,001 to 1,000,000	2,950	59166
1,000,001 to 5,000,000	5,850	59167
5,000,001 to 10,000,000	8,800	59168
10,000,001 to 20,000,000	11,700	59169
20,000,001 to 100,000,000	14,050	59170
100,000,001 to 250,000,000	16,400	59171
250,000,001 or more	18,700	59172

In addition to the fee specified in the above schedule, an	59173
NPDES permit holder that is an industrial discharger classified as	59174
a major discharger during all or part of the annual discharge fee	59175
billing year specified in division (L)(5)(a)(ii) of this section	59176
shall pay a nonrefundable annual surcharge of seven thousand five	59177
hundred dollars not later than January 30, ~~2010~~2012, and not	59178
later than January 30, ~~2011~~2013. Any person who fails to pay the	59179
surcharge at that time shall pay an additional amount that equals	59180
ten per cent of the amount of the surcharge.	59181

(d) Notwithstanding divisions (L)(5)(b) and (c) of this	59182
section, a public discharger identified by I in the third	59183
character of the permittee's NPDES permit number and an industrial	59184
discharger identified by I, J, L, V, W, X, Y, or Z in the third	59185
character of the permittee's NPDES permit number shall pay a	59186
nonrefundable annual discharge fee of one hundred eighty dollars	59187
not later than January 30, ~~2010~~2012, and not later than January	59188
30, ~~2011~~2013. Any person who fails to pay the fee at that time	59189
shall pay an additional amount that equals ten per cent of the	59190
required fee.	59191

(6) Each person obtaining a national pollutant discharge	59192
elimination system general or individual permit for municipal	59193
storm water discharge shall pay a nonrefundable storm water	59194
discharge fee of one hundred dollars per square mile of area	59195
permitted. The fee shall not exceed ten thousand dollars and shall	59196
be payable on or before January 30, 2004, and the thirtieth day of	59197
January of each year thereafter. Any person who fails to pay the	59198
fee on the date specified in division (L)(6) of this section shall	59199
pay an additional amount per year equal to ten per cent of the	59200
annual fee that is unpaid.	59201

(7) The director shall transmit all moneys collected under	59202
division (L) of this section to the treasurer of state for deposit	59203
into the state treasury to the credit of the surface water	59204
protection fund created in section 6111.038 of the Revised Code.	59205

(8) As used in division (L) of this section:

59206

(a) "NPDES" means the federally approved national pollutant	59207
discharge elimination system program for issuing, modifying,	59208
revoking, reissuing, terminating, monitoring, and enforcing	59209
permits and imposing and enforcing pretreatment requirements under	59210
Chapter 6111. of the Revised Code and rules adopted under it.	59211

(b) "Public discharger" means any holder of an NPDES permit	59212
identified by P in the second character of the NPDES permit number	59213
assigned by the director.	59214

(c) "Industrial discharger" means any holder of an NPDES	59215
permit identified by I in the second character of the NPDES permit	59216
number assigned by the director.	59217

(d) "Major discharger" means any holder of an NPDES permit	59218
classified as major by the regional administrator of the United	59219
States environmental protection agency in conjunction with the	59220
director.	59221

(M) Through June 30, ~~2012~~2014, a person applying for a	59222
license or license renewal to operate a public water system under	59223
section 6109.21 of the Revised Code shall pay the appropriate fee	59224
established under this division at the time of application to the	59225
director. Any person who fails to pay the fee at that time shall	59226
pay an additional amount that equals ten per cent of the required	59227
fee. The director shall transmit all moneys collected under this	59228
division to the treasurer of state for deposit into the drinking	59229
water protection fund created in section 6109.30 of the Revised	59230
Code.	59231

Except as provided in division (M)(4) of this section, fees	59232
required under this division shall be calculated and paid in	59233
accordance with the following schedule:	59234

(1) For the initial license required under division (A)(1) of	59235
section 6109.21 of the Revised Code for any public water system	59236
that is a community water system as defined in section 6109.01 of	59237
the Revised Code, and for each license renewal required for such a	59238
system prior to January 31, ~~2012~~2014, the fee is:	59239

Number of service connections		Fee amount	59240
	Not more than 49	$ 112	59241
	50 to 99	176	59242

Number of service connections		Average cost per connection	59243
	100 to 2,499	$ 1.92	59244
	2,500 to 4,999	1.48	59245
	5,000 to 7,499	1.42	59246
	7,500 to 9,999	1.34	59247
	10,000 to 14,999	1.16	59248
	15,000 to 24,999	1.10	59249
	25,000 to 49,999	1.04	59250
	50,000 to 99,999	.92	59251
	100,000 to 149,999	.86	59252
	150,000 to 199,999	.80	59253
	200,000 or more	.76	59254

A public water system may determine how it will pay the total	59255
amount of the fee calculated under division (M)(1) of this	59256
section, including the assessment of additional user fees that may	59257
be assessed on a volumetric basis.	59258

As used in division (M)(1) of this section, "service	59259
connection" means the number of active or inactive pipes,	59260
goosenecks, pigtails, and any other fittings connecting a water	59261
main to any building outlet.	59262

(2) For the initial license required under division (A)(2) of	59263
section 6109.21 of the Revised Code for any public water system	59264
that is not a community water system and serves a nontransient	59265
population, and for each license renewal required for such a	59266
system prior to January 31, ~~2012~~2014, the fee is:	59267

Population served	Fee amount	59268
Fewer than 150	$ 112	59269
150 to 299	176	59270
300 to 749	384	59271
750 to 1,499	628	59272
1,500 to 2,999	1,268	59273
3,000 to 7,499	2,816	59274
7,500 to 14,999	5,510	59275
15,000 to 22,499	9,048	59276
22,500 to 29,999	12,430	59277
30,000 or more	16,820	59278

As used in division (M)(2) of this section, "population	59279
served" means the total number of individuals ~~receiving water from~~	59280
having access to the water supply during a twenty-four-hour period	59281
for at least sixty days during any calendar year. In the absence	59282
of a specific population count, that number shall be calculated at	59283
the rate of three individuals per service connection.	59284

(3) For the initial license required under division (A)(3) of	59285
section 6109.21 of the Revised Code for any public water system	59286
that is not a community water system and serves a transient	59287
population, and for each license renewal required for such a	59288
system prior to January 31, ~~2012~~2014, the fee is:	59289

Number of wells or sources, other than surface water, supplying system		Fee amount	59290
	1	$112	59291
	2	112	59292
	3	176	59293
	4	278	59294
	5	568	59295
	System designated as using a		59296
	surface water source	792	59297

As used in division (M)(3) of this section, "number of wells	59298
or sources, other than surface water, supplying system" means	59299
those wells or sources that are physically connected to the	59300
plumbing system serving the public water system.	59301

(4) A public water system designated as using a surface water	59302
source shall pay a fee of seven hundred ninety-two dollars or the	59303
amount calculated under division (M)(1) or (2) of this section,	59304
whichever is greater.	59305

(N)(1) A person applying for a plan approval for a public	59306
water supply system under section 6109.07 of the Revised Code	59307
shall pay a fee of one hundred fifty dollars plus thirty-five	59308
hundredths of one per cent of the estimated project cost, except	59309
that the total fee shall not exceed twenty thousand dollars	59310
through June 30, ~~2012~~2014, and fifteen thousand dollars on and	59311
after July 1, ~~2012~~2014. The fee shall be paid at the time the	59312
application is submitted.	59313

(2) A person who has entered into an agreement with the	59314
director under division (A)(2) of section 6109.07 of the Revised	59315
Code shall pay an administrative service fee for each plan	59316
submitted under that section for approval that shall not exceed	59317
the minimum amount necessary to pay administrative costs directly	59318
attributable to processing plan approvals. The director annually	59319
shall calculate the fee and shall notify all persons that have	59320
entered into agreements under that division, or who have applied	59321
for agreements, of the amount of the fee.	59322

(3) Through June 30, ~~2012~~2014, the following fee, on a per	59323
survey basis, shall be charged any person for services rendered by	59324
the state in the evaluation of laboratories and laboratory	59325
personnel for compliance with accepted analytical techniques and	59326
procedures established pursuant to Chapter 6109. of the Revised	59327
Code for determining the qualitative characteristics of water:	59328

microbiological			59329
	MMO-MUG	$2,000	59330
	MF	2,100	59331
	MMO-MUG and MF	2,550	59332
organic chemical		5,400	59333
trace metals		5,400	59334
standard chemistry		2,800	59335
limited chemistry		1,550	59336

On and after July 1, ~~2012~~2014, the following fee, on a per	59337
survey basis, shall be charged any such person:	59338

microbiological	$ 1,650	59339
organic chemicals	3,500	59340
trace metals	3,500	59341
standard chemistry	1,800	59342
limited chemistry	1,000	59343

The fee for those services shall be paid at the time the request	59344
for the survey is made. Through June 30, ~~2012~~ 2014, an individual	59345
laboratory shall not be assessed a fee under this division more	59346
than once in any three-year period unless the person requests the	59347
addition of analytical methods or analysts, in which case the	59348
person shall pay eighteen hundred dollars for each additional	59349
survey requested.	59350

As used in division (N)(3) of this section:

59351

(a) "MF" means microfiltration.

59352

(b) "MMO" means minimal medium ONPG.

59353

59354

(d) "ONPG" means o-nitrophenyl-beta-D-galactopyranoside.

59355

The director shall transmit all moneys collected under this	59356
division to the treasurer of state for deposit into the drinking	59357
water protection fund created in section 6109.30 of the Revised	59358
Code.	59359

(O) Any person applying to the director for examination for	59360
certification as an operator of a water supply system or	59361
wastewater system under Chapter 6109. or 6111. of the Revised	59362
Code, at the time the application is submitted, shall pay an	59363
application fee of forty-five dollars through November 30, ~~2012~~	59364
2014, and twenty-five dollars on and after December 1, ~~2012~~2014.	59365
Upon approval from the director that the applicant is eligible to	59366
take the examination therefor, the applicant shall pay a fee in	59367
accordance with the following schedule through November 30, ~~2012~~	59368
2014:	59369

Class A operator	$35	59370
Class I operator	60	59371
Class II operator	75	59372
Class III operator	85	59373
Class IV operator	100	59374

On and after December 1, ~~2012~~2014, the applicant shall pay a	59375
fee in accordance with the following schedule:	59376

Class A operator	$25	59377
Class I operator	$45	59378
Class II operator	55	59379
Class III operator	65	59380
Class IV operator	75	59381

A person shall pay a biennial certification renewal fee for	59382
each applicable class of certification in accordance with the	59383
following schedule:	59384

Class A operator	$25	59385
Class I operator	35	59386
Class II operator	45	59387
Class III operator	55	59388
Class IV operator	65	59389

If a certification renewal fee is received by the director	59390
more than thirty days, but not more than one year after the	59391
expiration date of the certification, the person shall pay a	59392
certification renewal fee in accordance with the following	59393
schedule:	59394

Class A operator	$45	59395
Class I operator	55	59396
Class II operator	65	59397
Class III operator	75	59398
Class IV operator	85	59399

A person who requests a replacement certificate shall pay a	59400
fee of twenty-five dollars at the time the request is made.	59401

The director shall transmit all moneys collected under this	59402
division to the treasurer of state for deposit into the drinking	59403
water protection fund created in section 6109.30 of the Revised	59404
Code.	59405

(P) Any person submitting an application for an industrial	59406
water pollution control certificate under section 6111.31 of the	59407
Revised Code, as that section existed before its repeal by H.B. 95	59408
of the 125th general assembly, shall pay a nonrefundable fee of	59409
five hundred dollars at the time the application is submitted. The	59410
director shall transmit all moneys collected under this division	59411
to the treasurer of state for deposit into the surface water	59412
protection fund created in section 6111.038 of the Revised Code. A	59413
person paying a certificate fee under this division shall not pay	59414
an application fee under division (S)(1) of this section. On and	59415
after June 26, 2003, persons shall file such applications and pay	59416
the fee as required under sections 5709.20 to 5709.27 of the	59417
Revised Code, and proceeds from the fee shall be credited as	59418
provided in section 5709.212 of the Revised Code.	59419

(Q) Except as otherwise provided in division (R) of this	59420
section, a person issued a permit by the director for a new solid	59421
waste disposal facility other than an incineration or composting	59422
facility, a new infectious waste treatment facility other than an	59423
incineration facility, or a modification of such an existing	59424
facility that includes an increase in the total disposal or	59425
treatment capacity of the facility pursuant to Chapter 3734. of	59426
the Revised Code shall pay a fee of ten dollars per thousand cubic	59427
yards of disposal or treatment capacity, or one thousand dollars,	59428
whichever is greater, except that the total fee for any such	59429
permit shall not exceed eighty thousand dollars. A person issued a	59430
modification of a permit for a solid waste disposal facility or an	59431
infectious waste treatment facility that does not involve an	59432
increase in the total disposal or treatment capacity of the	59433
facility shall pay a fee of one thousand dollars. A person issued	59434
a permit to install a new, or modify an existing, solid waste	59435
transfer facility under that chapter shall pay a fee of two	59436
thousand five hundred dollars. A person issued a permit to install	59437
a new or to modify an existing solid waste incineration or	59438
composting facility, or an existing infectious waste treatment	59439
facility using incineration as its principal method of treatment,	59440
under that chapter shall pay a fee of one thousand dollars. The	59441
increases in the permit fees under this division resulting from	59442
the amendments made by Amended Substitute House Bill 592 of the	59443
117th general assembly do not apply to any person who submitted an	59444
application for a permit to install a new, or modify an existing,	59445
solid waste disposal facility under that chapter prior to	59446
September 1, 1987; any such person shall pay the permit fee	59447
established in this division as it existed prior to June 24, 1988.	59448
In addition to the applicable permit fee under this division, a	59449
person issued a permit to install or modify a solid waste facility	59450
or an infectious waste treatment facility under that chapter who	59451
fails to pay the permit fee to the director in compliance with	59452
division (V) of this section shall pay an additional ten per cent	59453
of the amount of the fee for each week that the permit fee is	59454
late.	59455

Permit and late payment fees paid to the director under this	59456
division shall be credited to the general revenue fund.	59457

(R)(1) A person issued a registration certificate for a scrap	59458
tire collection facility under section 3734.75 of the Revised Code	59459
shall pay a fee of two hundred dollars, except that if the	59460
facility is owned or operated by a motor vehicle salvage dealer	59461
licensed under Chapter 4738. of the Revised Code, the person shall	59462
pay a fee of twenty-five dollars.	59463

(2) A person issued a registration certificate for a new	59464
scrap tire storage facility under section 3734.76 of the Revised	59465
Code shall pay a fee of three hundred dollars, except that if the	59466
facility is owned or operated by a motor vehicle salvage dealer	59467
licensed under Chapter 4738. of the Revised Code, the person shall	59468
pay a fee of twenty-five dollars.	59469

(3) A person issued a permit for a scrap tire storage	59470
facility under section 3734.76 of the Revised Code shall pay a fee	59471
of one thousand dollars, except that if the facility is owned or	59472
operated by a motor vehicle salvage dealer licensed under Chapter	59473
4738. of the Revised Code, the person shall pay a fee of fifty	59474
dollars.	59475

(4) A person issued a permit for a scrap tire monocell or	59476
monofill facility under section 3734.77 of the Revised Code shall	59477
pay a fee of ten dollars per thousand cubic yards of disposal	59478
capacity or one thousand dollars, whichever is greater, except	59479
that the total fee for any such permit shall not exceed eighty	59480
thousand dollars.	59481

(5) A person issued a registration certificate for a scrap	59482
tire recovery facility under section 3734.78 of the Revised Code	59483
shall pay a fee of one hundred dollars.	59484

(6) A person issued a permit for a scrap tire recovery	59485
facility under section 3734.78 of the Revised Code shall pay a fee	59486
of one thousand dollars.	59487

(7) In addition to the applicable registration certificate or	59488
permit fee under divisions (R)(1) to (6) of this section, a person	59489
issued a registration certificate or permit for any such scrap	59490
tire facility who fails to pay the registration certificate or	59491
permit fee to the director in compliance with division (V) of this	59492
section shall pay an additional ten per cent of the amount of the	59493
fee for each week that the fee is late.	59494

(8) The registration certificate, permit, and late payment	59495
fees paid to the director under divisions (R)(1) to (7) of this	59496
section shall be credited to the scrap tire management fund	59497
created in section 3734.82 of the Revised Code.	59498

(S)(1) Except as provided by divisions (L), (M), (N), (O),	59499
(P), and (S)(2) of this section, division (A)(2) of section	59500
3734.05 of the Revised Code, section 3734.79 of the Revised Code,	59501
and rules adopted under division (T)(1) of this section, any	59502
person applying for a registration certificate under section	59503
3734.75, 3734.76, or 3734.78 of the Revised Code or a permit,	59504
variance, or plan approval under Chapter 3734. of the Revised Code	59505
shall pay a nonrefundable fee of fifteen dollars at the time the	59506
application is submitted.	59507

Except as otherwise provided, any person applying for a	59508
permit, variance, or plan approval under Chapter 6109. or 6111. of	59509
the Revised Code shall pay a nonrefundable fee of one hundred	59510
dollars at the time the application is submitted through June 30,	59511
~~2012~~2014, and a nonrefundable fee of fifteen dollars at the time	59512
the application is submitted on and after July 1, ~~2012~~2014.	59513
~~Through~~Except as provided in division (S)(3) of this section,	59514
through June 30, ~~2012~~2014, any person applying for a national	59515
pollutant discharge elimination system permit under Chapter 6111.	59516
of the Revised Code shall pay a nonrefundable fee of two hundred	59517
dollars at the time of application for the permit. On and after	59518
July 1, ~~2012~~2014, such a person shall pay a nonrefundable fee of	59519
fifteen dollars at the time of application.	59520

In addition to the application fee established under division	59521
(S)(1) of this section, any person applying for a national	59522
pollutant discharge elimination system general storm water	59523
construction permit shall pay a nonrefundable fee of twenty	59524
dollars per acre for each acre that is permitted above five acres	59525
at the time the application is submitted. However, the per acreage	59526
fee shall not exceed three hundred dollars. In addition, any	59527
person applying for a national pollutant discharge elimination	59528
system general storm water industrial permit shall pay a	59529
nonrefundable fee of one hundred fifty dollars at the time the	59530
application is submitted.	59531

The director shall transmit all moneys collected under	59532
division (S)(1) of this section pursuant to Chapter 6109. of the	59533
Revised Code to the treasurer of state for deposit into the	59534
drinking water protection fund created in section 6109.30 of the	59535
Revised Code.	59536

The director shall transmit all moneys collected under	59537
division (S)(1) of this section pursuant to Chapter 6111. of the	59538
Revised Code and under division (S)(3) of this section to the	59539
treasurer of state for deposit into the surface water protection	59540
fund created in section 6111.038 of the Revised Code.	59541

If a registration certificate is issued under section	59542
3734.75, 3734.76, or 3734.78 of the Revised Code, the amount of	59543
the application fee paid shall be deducted from the amount of the	59544
registration certificate fee due under division (R)(1), (2), or	59545
(5) of this section, as applicable.	59546

If a person submits an electronic application for a	59547
registration certificate, permit, variance, or plan approval for	59548
which an application fee is established under division (S)(1) of	59549
this section, the person shall pay the applicable application fee	59550
as expeditiously as possible after the submission of the	59551
electronic application. An application for a registration	59552
certificate, permit, variance, or plan approval for which an	59553
application fee is established under division (S)(1) of this	59554
section shall not be reviewed or processed until the applicable	59555
application fee, and any other fees established under this	59556
division, are paid.	59557

(2) Division (S)(1) of this section does not apply to an	59558
application for a registration certificate for a scrap tire	59559
collection or storage facility submitted under section 3734.75 or	59560
3734.76 of the Revised Code, as applicable, if the owner or	59561
operator of the facility or proposed facility is a motor vehicle	59562
salvage dealer licensed under Chapter 4738. of the Revised Code.	59563

(3) A person applying for coverage under a national pollutant	59564
discharge elimination system general discharge permit for	59565
household sewage treatment systems shall pay the following fees:	59566

(a) A nonrefundable fee of two hundred dollars at the time of	59567
application for initial permit coverage;	59568

(b) A nonrefundable fee of one hundred dollars at the time of	59569
application for a renewal of permit coverage.	59570

(T) The director may adopt, amend, and rescind rules in	59571
accordance with Chapter 119. of the Revised Code that do all of	59572
the following:	59573

(1) Prescribe fees to be paid by applicants for and holders	59574
of any license, permit, variance, plan approval, or certification	59575
required or authorized by Chapter 3704., 3734., 6109., or 6111. of	59576
the Revised Code that are not specifically established in this	59577
section. The fees shall be designed to defray the cost of	59578
processing, issuing, revoking, modifying, denying, and enforcing	59579
the licenses, permits, variances, plan approvals, and	59580
certifications.	59581

The director shall transmit all moneys collected under rules	59582
adopted under division (T)(1) of this section pursuant to Chapter	59583
6109. of the Revised Code to the treasurer of state for deposit	59584
into the drinking water protection fund created in section 6109.30	59585
of the Revised Code.	59586

The director shall transmit all moneys collected under rules	59587
adopted under division (T)(1) of this section pursuant to Chapter	59588
6111. of the Revised Code to the treasurer of state for deposit	59589
into the surface water protection fund created in section 6111.038	59590
of the Revised Code.	59591

(2) Exempt the state and political subdivisions thereof,	59592
including education facilities or medical facilities owned by the	59593
state or a political subdivision, or any person exempted from	59594
taxation by section 5709.07 or 5709.12 of the Revised Code, from	59595
any fee required by this section;	59596

(3) Provide for the waiver of any fee, or any part thereof,	59597
otherwise required by this section whenever the director	59598
determines that the imposition of the fee would constitute an	59599
unreasonable cost of doing business for any applicant, class of	59600
applicants, or other person subject to the fee;	59601

(4) Prescribe measures that the director considers necessary	59602
to carry out this section.	59603

(U) When the director reasonably demonstrates that the direct	59604
cost to the state associated with the issuance of a permit to	59605
install, license, variance, plan approval, or certification	59606
exceeds the fee for the issuance or review specified by this	59607
section, the director may condition the issuance or review on the	59608
payment by the person receiving the issuance or review of, in	59609
addition to the fee specified by this section, the amount, or any	59610
portion thereof, in excess of the fee specified under this	59611
section. The director shall not so condition issuances for which	59612
fees are prescribed in divisions (B)(7) and (L)(1)(b) of this	59613
section.	59614

(V) Except as provided in divisions (L), (M), and (P) of this	59615
section or unless otherwise prescribed by a rule of the director	59616
adopted pursuant to Chapter 119. of the Revised Code, all fees	59617
required by this section are payable within thirty days after the	59618
issuance of an invoice for the fee by the director or the	59619
effective date of the issuance of the license, permit, variance,	59620
plan approval, or certification. If payment is late, the person	59621
responsible for payment of the fee shall pay an additional ten per	59622
cent of the amount due for each month that it is late.	59623

(W) As used in this section, "fuel-burning equipment,"	59624
"fuel-burning equipment input capacity," "incinerator,"	59625
"incinerator input capacity," "process," "process weight rate,"	59626
"storage tank," "gasoline dispensing facility," "dry cleaning	59627
facility," "design flow discharge," and "new source treatment	59628
works" have the meanings ascribed to those terms by applicable	59629
rules or standards adopted by the director under Chapter 3704. or	59630
6111. of the Revised Code.	59631

(X) As used in divisions (B), (C), (D), (E), (F), (H), (I),	59632
and (J) of this section, and in any other provision of this	59633
section pertaining to fees paid pursuant to Chapter 3704. of the	59634
Revised Code:	59635

(1) "Facility," "federal Clean Air Act," "person," and "Title	59636
V permit" have the same meanings as in section 3704.01 of the	59637
Revised Code.	59638

(2) "Title V permit program" means the following activities	59639
as necessary to meet the requirements of Title V of the federal	59640
Clean Air Act and 40 C.F.R. part 70, including at least:	59641

(a) Preparing and adopting, if applicable, generally	59642
applicable rules or guidance regarding the permit program or its	59643
implementation or enforcement;	59644

(b) Reviewing and acting on any application for a Title V	59645
permit, permit revision, or permit renewal, including the	59646
development of an applicable requirement as part of the processing	59647
of a permit, permit revision, or permit renewal;	59648

(c) Administering the permit program, including the	59649
supporting and tracking of permit applications, compliance	59650
certification, and related data entry;	59651

(d) Determining which sources are subject to the program and	59652
implementing and enforcing the terms of any Title V permit, not	59653
including any court actions or other formal enforcement actions;	59654

(e) Emission and ambient monitoring;

59655

(f) Modeling, analyses, or demonstrations;

59656

(g) Preparing inventories and tracking emissions;

59657

(h) Providing direct and indirect support to small business	59658
stationary sources to determine and meet their obligations under	59659
the federal Clean Air Act pursuant to the small business	59660
stationary source technical and environmental compliance	59661
assistance program required by section 507 of that act and	59662
established in sections 3704.18, 3704.19, and 3706.19 of the	59663
Revised Code.	59664

(Y)(1) Except as provided in divisions (Y)(2), (3), and (4)	59665
of this section, each sewage sludge facility shall pay a	59666
nonrefundable annual sludge fee equal to three dollars and fifty	59667
cents per dry ton of sewage sludge, including the dry tons of	59668
sewage sludge in materials derived from sewage sludge, that the	59669
sewage sludge facility treats or disposes of in this state. The	59670
annual volume of sewage sludge treated or disposed of by a sewage	59671
sludge facility shall be calculated using the first day of January	59672
through the thirty-first day of December of the calendar year	59673
preceding the date on which payment of the fee is due.	59674

(2)(a) Except as provided in division (Y)(2)(d) of this	59675
section, each sewage sludge facility shall pay a minimum annual	59676
sewage sludge fee of one hundred dollars.	59677

(b) The annual sludge fee required to be paid by a sewage	59678
sludge facility that treats or disposes of exceptional quality	59679
sludge in this state shall be thirty-five per cent less per dry	59680
ton of exceptional quality sludge than the fee assessed under	59681
division (Y)(1) of this section, subject to the following	59682
exceptions:	59683

(i) Except as provided in division (Y)(2)(d) of this section,	59684
a sewage sludge facility that treats or disposes of exceptional	59685
quality sludge shall pay a minimum annual sewage sludge fee of one	59686
hundred dollars.	59687

(ii) A sewage sludge facility that treats or disposes of	59688
exceptional quality sludge shall not be required to pay the annual	59689
sludge fee for treatment or disposal in this state of exceptional	59690
quality sludge generated outside of this state and contained in	59691
bags or other containers not greater than one hundred pounds in	59692
capacity.	59693

A thirty-five per cent reduction for exceptional quality	59694
sludge applies to the maximum annual fees established under	59695
division (Y)(3) of this section.	59696

(c) A sewage sludge facility that transfers sewage sludge to	59697
another sewage sludge facility in this state for further treatment	59698
prior to disposal in this state shall not be required to pay the	59699
annual sludge fee for the tons of sewage sludge that have been	59700
transferred. In such a case, the sewage sludge facility that	59701
disposes of the sewage sludge shall pay the annual sludge fee.	59702
However, the facility transferring the sewage sludge shall pay the	59703
one-hundred-dollar minimum fee required under division (Y)(2)(a)	59704
of this section.	59705

In the case of a sewage sludge facility that treats sewage	59706
sludge in this state and transfers it out of this state to another	59707
entity for disposal, the sewage sludge facility in this state	59708
shall be required to pay the annual sludge fee for the tons of	59709
sewage sludge that have been transferred.	59710

(d) A sewage sludge facility that generates sewage sludge	59711
resulting from an average daily discharge flow of less than five	59712
thousand gallons per day is not subject to the fees assessed under	59713
division (Y) of this section.	59714

(3) No sewage sludge facility required to pay the annual	59715
sludge fee shall be required to pay more than the maximum annual	59716
fee for each disposal method that the sewage sludge facility uses.	59717
The maximum annual fee does not include the additional amount that	59718
may be charged under division (Y)(5) of this section for late	59719
payment of the annual sludge fee. The maximum annual fee for the	59720
following methods of disposal of sewage sludge is as follows:	59721

(a) Incineration: five thousand dollars;

59722

(b) Preexisting land reclamation project or disposal in a	59723
landfill: five thousand dollars;	59724

(c) Land application, land reclamation, surface disposal, or	59725
any other disposal method not specified in division (Y)(3)(a) or	59726
(b) of this section: twenty thousand dollars.	59727

(4)(a) In the case of an entity that generates sewage sludge	59728
or a sewage sludge facility that treats sewage sludge and	59729
transfers the sewage sludge to an incineration facility for	59730
disposal, the incineration facility, and not the entity generating	59731
the sewage sludge or the sewage sludge facility treating the	59732
sewage sludge, shall pay the annual sludge fee for the tons of	59733
sewage sludge that are transferred. However, the entity or	59734
facility generating or treating the sewage sludge shall pay the	59735
one-hundred-dollar minimum fee required under division (Y)(2)(a)	59736
of this section.	59737

(b) In the case of an entity that generates sewage sludge and	59738
transfers the sewage sludge to a landfill for disposal or to a	59739
sewage sludge facility for land reclamation or surface disposal,	59740
the entity generating the sewage sludge, and not the landfill or	59741
sewage sludge facility, shall pay the annual sludge fee for the	59742
tons of sewage sludge that are transferred.	59743

(5) Not later than the first day of April of the calendar	59744
year following March 17, 2000, and each first day of April	59745
thereafter, the director shall issue invoices to persons who are	59746
required to pay the annual sludge fee. The invoice shall identify	59747
the nature and amount of the annual sludge fee assessed and state	59748
the first day of May as the deadline for receipt by the director	59749
of objections regarding the amount of the fee and the first day of	59750
July as the deadline for payment of the fee.	59751

Not later than the first day of May following receipt of an	59752
invoice, a person required to pay the annual sludge fee may submit	59753
objections to the director concerning the accuracy of information	59754
regarding the number of dry tons of sewage sludge used to	59755
calculate the amount of the annual sludge fee or regarding whether	59756
the sewage sludge qualifies for the exceptional quality sludge	59757
discount established in division (Y)(2)(b) of this section. The	59758
director may consider the objections and adjust the amount of the	59759
fee to ensure that it is accurate.	59760

If the director does not adjust the amount of the annual	59761
sludge fee in response to a person's objections, the person may	59762
appeal the director's determination in accordance with Chapter	59763
119. of the Revised Code.	59764

Not later than the first day of June, the director shall	59765
notify the objecting person regarding whether the director has	59766
found the objections to be valid and the reasons for the finding.	59767
If the director finds the objections to be valid and adjusts the	59768
amount of the annual sludge fee accordingly, the director shall	59769
issue with the notification a new invoice to the person	59770
identifying the amount of the annual sludge fee assessed and	59771
stating the first day of July as the deadline for payment.	59772

Not later than the first day of July, any person who is	59773
required to do so shall pay the annual sludge fee. Any person who	59774
is required to pay the fee, but who fails to do so on or before	59775
that date shall pay an additional amount that equals ten per cent	59776
of the required annual sludge fee.	59777

(6) The director shall transmit all moneys collected under	59778
division (Y) of this section to the treasurer of state for deposit	59779
into the surface water protection fund created in section 6111.038	59780
of the Revised Code. The moneys shall be used to defray the costs	59781
of administering and enforcing provisions in Chapter 6111. of the	59782
Revised Code and rules adopted under it that govern the use,	59783
storage, treatment, or disposal of sewage sludge.	59784

(7) Beginning in fiscal year 2001, and every two years	59785
thereafter, the director shall review the total amount of moneys	59786
generated by the annual sludge fees to determine if that amount	59787
exceeded six hundred thousand dollars in either of the two	59788
preceding fiscal years. If the total amount of moneys in the fund	59789
exceeded six hundred thousand dollars in either fiscal year, the	59790
director, after review of the fee structure and consultation with	59791
affected persons, shall issue an order reducing the amount of the	59792
fees levied under division (Y) of this section so that the	59793
estimated amount of moneys resulting from the fees will not exceed	59794
six hundred thousand dollars in any fiscal year.	59795

If, upon review of the fees under division (Y)(7) of this	59796
section and after the fees have been reduced, the director	59797
determines that the total amount of moneys collected and	59798
accumulated is less than six hundred thousand dollars, the	59799
director, after review of the fee structure and consultation with	59800
affected persons, may issue an order increasing the amount of the	59801
fees levied under division (Y) of this section so that the	59802
estimated amount of moneys resulting from the fees will be	59803
approximately six hundred thousand dollars. Fees shall never be	59804
increased to an amount exceeding the amount specified in division	59805
(Y)(7) of this section.	59806

Notwithstanding section 119.06 of the Revised Code, the	59807
director may issue an order under division (Y)(7) of this section	59808
without the necessity to hold an adjudicatory hearing in	59809
connection with the order. The issuance of an order under this	59810
division is not an act or action for purposes of section 3745.04	59811
of the Revised Code.	59812

(8) As used in division (Y) of this section:

59813

(a) "Sewage sludge facility" means an entity that performs	59814
treatment on or is responsible for the disposal of sewage sludge.	59815

(b) "Sewage sludge" means a solid, semi-solid, or liquid	59816
residue generated during the treatment of domestic sewage in a	59817
treatment works as defined in section 6111.01 of the Revised Code.	59818
"Sewage sludge" includes, but is not limited to, scum or solids	59819
removed in primary, secondary, or advanced wastewater treatment	59820
processes. "Sewage sludge" does not include ash generated during	59821
the firing of sewage sludge in a sewage sludge incinerator, grit	59822
and screenings generated during preliminary treatment of domestic	59823
sewage in a treatment works, animal manure, residue generated	59824
during treatment of animal manure, or domestic septage.	59825

(c) "Exceptional quality sludge" means sewage sludge that	59826
meets all of the following qualifications:	59827

(i) Satisfies the class A pathogen standards in 40 C.F.R.	59828
503.32(a);	59829

(ii) Satisfies one of the vector attraction reduction	59830
requirements in 40 C.F.R. 503.33(b)(1) to (b)(8);	59831

(iii) Does not exceed the ceiling concentration limitations	59832
for metals listed in table one of 40 C.F.R. 503.13;	59833

(iv) Does not exceed the concentration limitations for metals	59834
listed in table three of 40 C.F.R. 503.13.	59835

(d) "Treatment" means the preparation of sewage sludge for	59836
final use or disposal and includes, but is not limited to,	59837
thickening, stabilization, and dewatering of sewage sludge.	59838

(e) "Disposal" means the final use of sewage sludge,	59839
including, but not limited to, land application, land reclamation,	59840
surface disposal, or disposal in a landfill or an incinerator.	59841

(f) "Land application" means the spraying or spreading of	59842
sewage sludge onto the land surface, the injection of sewage	59843
sludge below the land surface, or the incorporation of sewage	59844
sludge into the soil for the purposes of conditioning the soil or	59845
fertilizing crops or vegetation grown in the soil.	59846

(g) "Land reclamation" means the returning of disturbed land	59847
to productive use.	59848

(h) "Surface disposal" means the placement of sludge on an	59849
area of land for disposal, including, but not limited to,	59850
monofills, surface impoundments, lagoons, waste piles, or	59851
dedicated disposal sites.	59852

(i) "Incinerator" means an entity that disposes of sewage	59853
sludge through the combustion of organic matter and inorganic	59854
matter in sewage sludge by high temperatures in an enclosed	59855
device.	59856

(j) "Incineration facility" includes all incinerators owned	59857
or operated by the same entity and located on a contiguous tract	59858
of land. Areas of land are considered to be contiguous even if	59859
they are separated by a public road or highway.	59860

(k) "Annual sludge fee" means the fee assessed under division	59861
(Y)(1) of this section.	59862

(l) "Landfill" means a sanitary landfill facility, as defined	59863
in rules adopted under section 3734.02 of the Revised Code, that	59864
is licensed under section 3734.05 of the Revised Code.	59865

(m) "Preexisting land reclamation project" means a	59866
property-specific land reclamation project that has been in	59867
continuous operation for not less than five years pursuant to	59868
approval of the activity by the director and includes the	59869
implementation of a community outreach program concerning the	59870
activity.	59871

Sec. 3746.02. (A) Nothing in this chapter applies to any of	59872
the following:	59873

(1) Property for which a voluntary action under this chapter	59874
is precluded by federal law or regulations adopted under federal	59875
law, including, without limitation, any of the following federal	59876
laws or regulations adopted thereunder:	59877

(a) The "Federal Water Pollution Control Act Amendments of	59878
1972," 86 Stat. 886, 33 U.S.C.A. 1251, as amended;	59879

(b) The "Resource Conservation and Recovery Act of 1976," 90	59880
Stat. 2806, 42 U.S.C.A. 6921, as amended;	59881

(c) The "Toxic Substances Control Act," 90 Stat. 2003 (1976),	59882
15 U.S.C.A. 2601, as amended;	59883

(d) The "Comprehensive Environmental Response, Compensation,	59884
and Liability Act of 1980," 94 Stat. 2779, 42 U.S.C.A. 9601, as	59885
amended;	59886

(e) The "Safe Drinking Water Act," 88 Stat. 1661 (1974), 42	59887
U.S.C.A. 300(f), as amended.	59888

(2) Those portions of property where closure of a hazardous	59889
waste facility or solid waste facility is required under Chapter	59890
3734. of the Revised Code or rules adopted under it;	59891

(3) ~~Property or~~Except for a class C release as defined in	59892
section 3737.87 of the Revised Code, properties regardless of	59893
ownership that are subject to remediation rules adopted under the	59894
authority of the division of fire marshal in the department of	59895
commerce, including remediation rules adopted under sections	59896
3737.88, 3737.882, and 3737.889 of the Revised Code;	59897

(4) Property that is subject to Chapter 1509. of the Revised	59898
Code;	59899

(5) Any other property if the director of environmental	59900
protection has issued a letter notifying the owner or operator of	59901
the property that hethe director will issue an enforcement order	59902
under Chapter 3704., 3734., or 6111. of the Revised Code, a	59903
release or threatened release of a hazardous substance or	59904
petroleum from or at the property poses a substantial threat to	59905
public health or safety or the environment, and the person subject	59906
to the order does not present sufficient evidence to the director	59907
that hethe person has entered into the voluntary action program	59908
under this chapter and is proceeding expeditiously to address that	59909
threat. For the purposes of this division, the evidence	59910
constituting sufficient evidence of entry into the voluntary	59911
action program under this chapter shall be defined by the director	59912
by rules adopted under section 3746.04 of the Revised Code. Until	59913
such time as the director has adopted those rules, the director,	59914
at a minimum, shall consider the existence of a contract with a	59915
certified professional to appropriately respond to the threat	59916
named in the director's letter informing the person of ~~his~~the	59917
director's intent to issue an enforcement order and the	59918
availability of financial resources to complete the contract to be	59919
sufficient evidence of entry into the program.	59920

(B) The application of any provision of division (A) of this	59921
section to a portion of property does not preclude participation	59922
in the voluntary action program under this chapter in connection	59923
with other portions of the property where those provisions do not	59924
apply.	59925

(C) As used in this section, "property" means any parcel of	59926
real property, or portion thereof, and any improvements thereto.	59927

Sec. 3750.081. (A) Notwithstanding any provision in this	59928
chapter to the contrary, an owner or operator of a facility that	59929
is regulated under Chapter 1509. of the Revised Code who has filed	59930
a log in accordance with section 1509.10 of the Revised Code and a	59931
production statement in accordance with section 1509.11 of the	59932
Revised Code shall be deemed to have satisfied all of the	59933
inventory, notification, listing, and other submission and filing	59934
requirements established under this chapter, except for the	59935
release reporting requirements established under section 3750.06	59936
of the Revised Code.	59937

(B) The emergency response commission and every local	59938
emergency planning committee and fire department in this state	59939
shall establish a means by which to access, view, and retrieve	59940
information, through the use of the internet or a computer disk,	59941
from the electronic database maintained by the division of ~~mineral~~	59942
oil and gas resources management in the department of natural	59943
resources in accordance with section 1509.23 of the Revised Code.	59944
With respect to facilities regulated under Chapter 1509. of the	59945
Revised Code, the database shall be the means of providing and	59946
receiving the information described in division (A) of this	59947
section.	59948

Sec. 3769.07. Except as otherwise provided in this section,	59949
no permit shall be issued under sections 3769.01 to 3769.14 of the	59950
Revised Code, authorizing the conduct of a live racing program for	59951
thoroughbred horses and quarter horses at any place, track, or	59952
enclosure except between the hours of twelve noon and seven p.m.,	59953
for running horse-racing meetings, except that on special events	59954
days running horse-racing meetings may begin at nine a.m. by	59955
application to the state racing commission and except that the	59956
seven p.m. time may be extended to eight p.m. on a Sunday or	59957
holiday by application to the commission, and no permit shall be	59958
issued under those sections authorizing the conduct of a live	59959
racing program for harness horses at any place, track, or	59960
enclosure except between the hours of twelve noon and twelve	59961
midnight for light harness horse-racing meetings. The seven p.m.	59962
and eight p.m. closing times described in this section shall upon	59963
application to the commission be extended to ~~nine~~eleven p.m. for	59964
any running horse-racing meeting conducted between the fifteenth	59965
day of May and the fifteenth day of September at a track that is	59966
located more than twenty-five miles from a track located in this	59967
state where a light harness horse-racing meeting, other than a	59968
light harness horse-racing meeting at a county fair or independent	59969
fair, is being conducted and that is located less than twenty-five	59970
miles from a track located outside this state. A permit issued for	59971
horse racing at a county fair shall authorize live horse racing to	59972
begin at nine a.m.	59973

No permit shall be granted for the holding or conducting of a	59974
horse-racing meeting after the tenth day of December in any	59975
calendar year, except for racing at winterized tracks. "Winterized	59976
track" means a track with enclosed club house or grandstand,	59977
all-weather racing track, heated facilities for jockeys or	59978
drivers, backstretch facilities that are properly prepared for	59979
winter racing, and adequate snow removal equipment available.	59980

No permit shall be issued for more than an aggregate of	59981
fifty-six racing days in any one calendar year, except that an	59982
additional five days of racing may be approved by the commission	59983
upon application by a permit holder and except that an additional	59984
thirty days of racing may be granted for racing at any time after	59985
the fifteenth day of October and prior to the fifteenth day of	59986
March to a permit holder who has a winterized facility, but no	59987
more than thirty such additional days may be issued at any one	59988
track or enclosure. No more than an aggregate of fifty-six racing	59989
days shall be issued in any one calendar year for any one race	59990
track, place, or enclosure, except for the additional five days of	59991
racing for each permit holder which may be approved by the	59992
commission pursuant to this section, except as provided in	59993
sections 3769.071 and 3769.13 of the Revised Code, except for	59994
racing days granted as a result of a winterized facility, and	59995
except that the commission may issue a second permit for a maximum	59996
of fifty-six racing days for any one track, place, or enclosure,	59997
if the commission determines that the issuance of such second	59998
permit is not against the public interest. No such second permit	59999
shall be issued:	60000

(A) For the operation of racing in any county with a	60001
population of less than seven hundred thousand or for the	60002
operation of racing in any county which has more than one race	60003
track at which a racing meet has been authorized, except as	60004
provided in this division and in sections 3769.071 and 3769.13 of	60005
the Revised Code, in the same year by the commission. A second	60006
permit issued pursuant to this division may be issued at either or	60007
both race tracks in a county that has only two race tracks if a	60008
racing meet has been authorized at both race tracks in the same	60009
year by the commission and one race track has been authorized to	60010
conduct thoroughbred racing meets and the other race track has	60011
been authorized to conduct harness racing meets. When such second	60012
permit is issued pursuant to this division for racing at the one	60013
race track, racing shall not be conducted at that race track on	60014
the same day that racing is conducted at the other race track in	60015
the county except by mutual agreement of the two race tracks.	60016

(B) To any corporation having one or more shareholders owning	60017
an interest in any other permit issued by the commission for the	60018
operation of racing, in the same year, at any other race track,	60019
place, or enclosure in this state;	60020

(C) To any person, association, or trust which owns, or which	60021
has any members owning, an interest in any other permit issued by	60022
the commission for the operation of racing, in the same year, at	60023
any other race track, place, or enclosure in this state.	60024

No permit shall be issued so as to permit live racing	60025
programs on the same hour at more than one track in one county or	60026
on tracks in operation in 1975 within fifty miles of each other,	60027
nor shall any other form of pari-mutuel wagering other than horse	60028
racing be permitted within seventy-five miles of a track where	60029
horse racing is being conducted, except that this provision shall	60030
not apply to a horse-racing meeting held at the state fair or at a	60031
fair conducted by a county agricultural society or at a fair	60032
conducted by an independent agricultural society. Distribution of	60033
days shall not apply to fairs or horse shows not required to	60034
secure a permit under such section. Notwithstanding any other	60035
provision of this chapter, a person, association, trust, or	60036
corporation may own or operate two separate facilities in this	60037
state that are conducting horse-racing meetings.	60038

A permit, granted under sections 3769.01 to 3769.14 of the	60039
Revised Code, shall be conspicuously displayed during the	60040
horse-racing meeting in the principal office at such race track	60041
and at all reasonable times shall be exhibited to any authorized	60042
person requesting to see the same.	60043

Sec. 3769.08. (A) Any person holding a permit to conduct a	60044
horse-racing meeting may provide a place in the race meeting	60045
grounds or enclosure at which the permit holder may conduct and	60046
supervise the pari-mutuel system of wagering by patrons of legal	60047
age on the live racing programs and simulcast racing programs	60048
conducted by the permit holder.	60049

The pari-mutuel method of wagering upon the live racing	60050
programs and simulcast racing programs held at or conducted within	60051
such race track, and at the time of such horse-racing meeting, or	60052
at other times authorized by the state racing commission, shall	60053
not be unlawful. No other place, except that provided and	60054
designated by the permit holder and except as provided in section	60055
3769.26 of the Revised Code, nor any other method or system of	60056
betting or wagering, except the pari-mutuel system, shall be used	60057
or permitted by the permit holder; nor, except as provided in	60058
section 3769.089 or 3769.26 of the Revised Code, shall the	60059
pari-mutuel system of wagering be conducted by the permit holder	60060
on any races except the races at the race track, grounds, or	60061
enclosure for which the person holds a permit. Each permit holder	60062
may retain as a commission an amount not to exceed eighteen per	60063
cent of the total of all moneys wagered.	60064

The pari-mutuel wagering authorized by this section is	60065
subject to sections 3769.25 to 3769.28 of the Revised Code.	60066

(B) At the close of each racing day, each permit holder	60067
authorized to conduct thoroughbred racing, out of the amount	60068
retained on that day by the permit holder, shall pay by check,	60069
draft, or money order to the tax commissioner, as a tax, a sum	60070
equal to the following percentages of the total of all moneys	60071
wagered on live racing programs on that day and shall separately	60072
compute and pay by check, draft, or money order to the tax	60073
commissioner, as a tax, a sum equal to the following percentages	60074
of the total of all money wagered on simulcast racing programs on	60075
that day:	60076

(1) One per cent of the first two hundred thousand dollars	60077
wagered, or any part of that amount;	60078

(2) Two per cent of the next one hundred thousand dollars	60079
wagered, or any part of that amount;	60080

(3) Three per cent of the next one hundred thousand dollars	60081
wagered, or any part of that amount;	60082

(4) Four per cent of all sums over four hundred thousand	60083
dollars wagered.	60084

Except as otherwise provided in section 3769.089 of the	60085
Revised Code, each permit holder authorized to conduct	60086
thoroughbred racing shall use for purse money a sum equal to fifty	60087
per cent of the pari-mutuel revenues retained by the permit holder	60088
as a commission after payment of the state tax. This fifty per	60089
cent payment shall be in addition to the purse distribution from	60090
breakage specified in this section.	60091

Subject to division (M) of this section, from the moneys paid	60092
to the tax commissioner by thoroughbred racing permit holders,	60093
one-half of one per cent of the total of all moneys so wagered on	60094
a racing day shall be paid into the Ohio fairs fund created by	60095
section 3769.082 of the Revised Code, one and one-eighth per cent	60096
of the total of all moneys so wagered on a racing day shall be	60097
paid into the Ohio thoroughbred race fund created by section	60098
3769.083 of the Revised Code, and one-quarter of one per cent of	60099
the total of all moneys wagered on a racing day by each permit	60100
holder shall be paid into the state racing commission operating	60101
fund created by section 3769.03 of the Revised Code. The required	60102
payment to the state racing commission operating fund does not	60103
apply to county and independent fairs and agricultural societies.	60104
The remaining moneys may be retained by the permit holder, except	60105
as provided in this section with respect to the odd cents	60106
redistribution. Amounts paid into the ~~PASSPORT~~nursing home	60107
franchise permit fee fund pursuant to this section and section	60108
3769.26 of the Revised Code shall be used solely for the support	60109
of the PASSPORT program as determined in appropriations made by	60110
the general assembly. If the PASSPORT program is abolished, the	60111
amount that would have been paid to the ~~PASSPORT~~nursing home	60112
franchise permit fee fund under this chapter shall be paid to the	60113
general revenue fund of the state. As used in this chapter,	60114
"PASSPORT program" means the PASSPORT program created under	60115
section 173.40 of the Revised Code.	60116

The total amount paid to the Ohio thoroughbred race fund	60117
under this section and division (A) of section 3769.087 of the	60118
Revised Code shall not exceed by more than six per cent the total	60119
amount paid to this fund under this section and that section	60120
during the immediately preceding calendar year.	60121

Each year, the total amount calculated for payment into the	60122
Ohio fairs fund under this division, division (C) of this section,	60123
and division (A) of section 3769.087 of the Revised Code shall be	60124
an amount calculated using the percentages specified in this	60125
division, division (C) of this section, and division (A) of	60126
section 3769.087 of the Revised Code.	60127

A permit holder may contract with a thoroughbred horsemen's	60128
organization for the organization to act as a representative of	60129
all thoroughbred owners and trainers participating in a	60130
horse-racing meeting conducted by the permit holder. A	60131
"thoroughbred horsemen's organization" is any corporation or	60132
association that represents, through membership or otherwise, more	60133
than one-half of the aggregate of all thoroughbred owners and	60134
trainers who were licensed and actively participated in racing	60135
within this state during the preceding calendar year. Except as	60136
otherwise provided in this paragraph, any moneys received by a	60137
thoroughbred horsemen's organization shall be used exclusively for	60138
the benefit of thoroughbred owners and trainers racing in this	60139
state through the administrative purposes of the organization,	60140
benevolent activities on behalf of the horsemen, promotion of the	60141
horsemen's rights and interests, and promotion of equine research.	60142
A thoroughbred horsemen's organization may expend not more than an	60143
aggregate of five per cent of its annual gross receipts, or a	60144
larger amount as approved by the organization, for dues,	60145
assessments, and other payments to all other local, national, or	60146
international organizations having as their primary purposes the	60147
promotion of thoroughbred horse racing, thoroughbred horsemen's	60148
rights, and equine research.	60149

(C) Except as otherwise provided in division (B) of this	60150
section, at the close of each racing day, each permit holder	60151
authorized to conduct harness or quarter horse racing, out of the	60152
amount retained that day by the permit holder, shall pay by check,	60153
draft, or money order to the tax commissioner, as a tax, a sum	60154
equal to the following percentages of the total of all moneys	60155
wagered on live racing programs and shall separately compute and	60156
pay by check, draft, or money order to the tax commissioner, as a	60157
tax, a sum equal to the following percentages of the total of all	60158
money wagered on simulcast racing programs on that day:	60159

(1) One per cent of the first two hundred thousand dollars	60160
wagered, or any part of that amount;	60161

(2) Two per cent of the next one hundred thousand dollars	60162
wagered, or any part of that amount;	60163

(3) Three per cent of the next one hundred thousand dollars	60164
wagered, or any part of that amount;	60165

(4) Four per cent of all sums over four hundred thousand	60166
dollars wagered.	60167

Except as otherwise provided in division (B) and subject to	60168
division (M) of this section, from the moneys paid to the tax	60169
commissioner by permit holders authorized to conduct harness or	60170
quarter horse racing, one-half of one per cent of all moneys	60171
wagered on that racing day shall be paid into the Ohio fairs fund;	60172
from the moneys paid to the tax commissioner by permit holders	60173
authorized to conduct harness racing, five-eighths of one per cent	60174
of all moneys wagered on that racing day shall be paid into the	60175
Ohio standardbred development fund; and from the moneys paid to	60176
the tax commissioner by permit holders authorized to conduct	60177
quarter horse racing, five-eighths of one per cent of all moneys	60178
wagered on that racing day shall be paid into the Ohio quarter	60179
horse development fund.	60180

(D) In addition, subject to division (M) of this section,	60181
beginning on January 1, 1996, from the money paid to the tax	60182
commissioner as a tax under this section and division (A) of	60183
section 3769.087 of the Revised Code by harness horse permit	60184
holders, one-half of one per cent of the amount wagered on a	60185
racing day shall be paid into the Ohio standardbred development	60186
fund. Beginning January 1, 1998, the payment to the Ohio	60187
standardbred development fund required under this division does	60188
not apply to county agricultural societies or independent	60189
agricultural societies.	60190

The total amount paid to the Ohio standardbred development	60191
fund under this division, division (C) of this section, and	60192
division (A) of section 3769.087 of the Revised Code and the total	60193
amount paid to the Ohio quarter horse development fund under this	60194
division and division (A) of that section shall not exceed by more	60195
than six per cent the total amount paid into the fund under this	60196
division, division (C) of this section, and division (A) of	60197
section 3769.087 of the Revised Code in the immediately preceding	60198
calendar year.	60199

(E) Subject to division (M) of this section, from the money	60200
paid as a tax under this chapter by harness and quarter horse	60201
permit holders, one-quarter of one per cent of the total of all	60202
moneys wagered on a racing day by each permit holder shall be paid	60203
into the state racing commission operating fund created by section	60204
3769.03 of the Revised Code. This division does not apply to	60205
county and independent fairs and agricultural societies.	60206

(F) Except as otherwise provided in section 3769.089 of the	60207
Revised Code, each permit holder authorized to conduct harness	60208
racing shall pay to the harness horsemen's purse pool a sum equal	60209
to fifty per cent of the pari-mutuel revenues retained by the	60210
permit holder as a commission after payment of the state tax. This	60211
fifty per cent payment is to be in addition to the purse	60212
distribution from breakage specified in this section.	60213

(G) In addition, each permit holder authorized to conduct	60214
harness racing shall be allowed to retain the odd cents of all	60215
redistribution to be made on all mutual contributions exceeding a	60216
sum equal to the next lowest multiple of ten.	60217

Forty per cent of that portion of that total sum of such odd	60218
cents shall be used by the permit holder for purse money for Ohio	60219
sired, bred, and owned colts, for purse money for Ohio bred	60220
horses, and for increased purse money for horse races. Upon the	60221
formation of the corporation described in section 3769.21 of the	60222
Revised Code to establish a harness horsemen's health and	60223
retirement fund, twenty-five per cent of that portion of that	60224
total sum of odd cents shall be paid at the close of each racing	60225
day by the permit holder to that corporation to establish and fund	60226
the health and retirement fund. Until that corporation is formed,	60227
that twenty-five per cent shall be paid at the close of each	60228
racing day by the permit holder to the tax commissioner or the tax	60229
commissioner's agent in the county seat of the county in which the	60230
permit holder operates race meetings. The remaining thirty-five	60231
per cent of that portion of that total sum of odd cents shall be	60232
retained by the permit holder.	60233

(H) In addition, each permit holder authorized to conduct	60234
thoroughbred racing shall be allowed to retain the odd cents of	60235
all redistribution to be made on all mutuel contributions	60236
exceeding a sum equal to the next lowest multiple of ten. Twenty	60237
per cent of that portion of that total sum of such odd cents shall	60238
be used by the permit holder for increased purse money for horse	60239
races. Upon the formation of the corporation described in section	60240
3769.21 of the Revised Code to establish a thoroughbred horsemen's	60241
health and retirement fund, forty-five per cent of that portion of	60242
that total sum of odd cents shall be paid at the close of each	60243
racing day by the permit holder to that corporation to establish	60244
and fund the health and retirement fund. Until that corporation is	60245
formed, that forty-five per cent shall be paid by the permit	60246
holder to the tax commissioner or the tax commissioner's agent in	60247
the county seat of the county in which the permit holder operates	60248
race meetings, at the close of each racing day. The remaining	60249
thirty-five per cent of that portion of that total sum of odd	60250
cents shall be retained by the permit holder.	60251

(I) In addition, each permit holder authorized to conduct	60252
quarter horse racing shall be allowed to retain the odd cents of	60253
all redistribution to be made on all mutuel contributions	60254
exceeding a sum equal to the next lowest multiple of ten, subject	60255
to a tax of twenty-five per cent on that portion of the total sum	60256
of such odd cents that is in excess of two thousand dollars during	60257
a calendar year, which tax shall be paid at the close of each	60258
racing day by the permit holder to the tax commissioner or the tax	60259
commissioner's agent in the county seat of the county within which	60260
the permit holder operates race meetings. Forty per cent of that	60261
portion of that total sum of such odd cents shall be used by the	60262
permit holder for increased purse money for horse races. The	60263
remaining thirty-five per cent of that portion of that total sum	60264
of odd cents shall be retained by the permit holder.	60265

(J)(1) To encourage the improvement of racing facilities for	60266
the benefit of the public, breeders, and horse owners, and to	60267
increase the revenue to the state from the increase in pari-mutuel	60268
wagering resulting from those improvements, the taxes paid by a	60269
permit holder to the state as provided for in this chapter shall	60270
be reduced by three-fourths of one per cent of the total amount	60271
wagered for those permit holders who make capital improvements to	60272
existing race tracks or construct new race tracks. The percentage	60273
of the reduction that may be taken each racing day shall equal	60274
seventy-five per cent of the taxes levied under divisions (B) and	60275
(C) of this section and section 3769.087 of the Revised Code, and	60276
division (F)(2) of section 3769.26 of the Revised Code, as	60277
applicable, divided by the calculated amount each fund should	60278
receive under divisions (B) and (C) of this section and section	60279
3769.087 of the Revised Code, and division (F)(2) of section	60280
3769.26 of the Revised Code and the reduction provided for in this	60281
division. If the resulting percentage is less than one, that	60282
percentage shall be multiplied by the amount of the reduction	60283
provided for in this division. Otherwise, the permit holder shall	60284
receive the full reduction provided for in this division. The	60285
amount of the allowable reduction not received shall be carried	60286
forward and applied against future tax liability. After any	60287
reductions expire, any reduction carried forward shall be treated	60288
as a reduction as provided for in this division.	60289

If more than one permit holder is authorized to conduct	60290
racing at the facility that is being built or improved, the cost	60291
of the new race track or capital improvement shall be allocated	60292
between or among all the permit holders in the ratio that the	60293
permit holders' number of racing days bears to the total number of	60294
racing days conducted at the facility.	60295

A reduction for a new race track or a capital improvement	60296
shall start from the day racing is first conducted following the	60297
date actual construction of the new race track or each capital	60298
improvement is completed and the construction cost has been	60299
approved by the racing commission, unless otherwise provided in	60300
this section. A reduction for a new race track or a capital	60301
improvement shall continue for a period of twenty-five years for	60302
new race tracks and for fifteen years for capital improvements if	60303
the construction of the capital improvement or new race track	60304
commenced prior to March 29, 1988, and for a period of ten years	60305
for new race tracks or capital improvements if the construction of	60306
the capital improvement or new race track commenced on or after	60307
March 29, 1988, but before ~~the effective date of this amendment~~	60308
June 6, 2001, or until the total tax reduction reaches seventy per	60309
cent of the approved cost of the new race track or capital	60310
improvement, as allocated to each permit holder, whichever occurs	60311
first. A reduction for a new race track or a capital improvement	60312
approved after ~~the effective date of this amendment~~June 6, 2001,	60313
shall continue until the total tax reduction reaches one hundred	60314
per cent of the approved cost of the new race track or capital	60315
improvement, as allocated to each permit holder.	60316

A reduction granted for a new race track or a capital	60317
improvement, the application for which was approved by the racing	60318
commission after March 29, 1988, but before ~~the effective date of~~	60319
~~this amendment~~June 6, 2001, shall not commence nor shall the	60320
ten-year period begin to run until all prior tax reductions with	60321
respect to the same race track have ended. The total tax reduction	60322
because of capital improvements shall not during any one year	60323
exceed for all permit holders using any one track three-fourths of	60324
one per cent of the total amount wagered, regardless of the number	60325
of capital improvements made. Several capital improvements to a	60326
race track may be consolidated in an application if the racing	60327
commission approved the application prior to March 29, 1988. No	60328
permit holder may receive a tax reduction for a capital	60329
improvement approved by the racing commission on or after March	60330
29, 1988, at a race track until all tax reductions have ended for	60331
all prior capital improvements approved by the racing commission	60332
under this section or section 3769.20 of the Revised Code at that	60333
race track. If there are two or more permit holders operating	60334
meetings at the same track, they may consolidate their	60335
applications. The racing commission shall notify the tax	60336
commissioner when the reduction of tax begins and when it ends.	60337

Each fiscal year the racing commission shall submit a report	60338
to the tax commissioner, the office of budget and management, and	60339
the legislative service commission. The report shall identify each	60340
capital improvement project undertaken under this division and in	60341
progress at each race track, indicate the total cost of each	60342
project, state the tax reduction that resulted from each project	60343
during the immediately preceding fiscal year, estimate the tax	60344
reduction that will result from each project during the current	60345
fiscal year, state the total tax reduction that resulted from all	60346
such projects at all race tracks during the immediately preceding	60347
fiscal year, and estimate the total tax reduction that will result	60348
from all such projects at all race tracks during the current	60349
fiscal year.	60350

(2) In order to qualify for the reduction in tax, a permit	60351
holder shall apply to the racing commission in such form as the	60352
commission may require and shall provide full details of the new	60353
race track or capital improvement, including a schedule for its	60354
construction and completion, and set forth the costs and expenses	60355
incurred in connection with it. The racing commission shall not	60356
approve an application unless the permit holder shows that a	60357
contract for the new race track or capital improvement has been	60358
let under an unrestricted competitive bidding procedure, unless	60359
the contract is exempted by the controlling board because of its	60360
unusual nature. In determining whether to approve an application,	60361
the racing commission shall consider whether the new race track or	60362
capital improvement will promote the safety, convenience, and	60363
comfort of the racing public and horse owners and generally tend	60364
towards the improvement of racing in this state.	60365

(3) If a new race track or capital improvement is approved by	60366
the racing commission and construction has started, the tax	60367
reduction may be authorized by the commission upon presentation of	60368
copies of paid bills in excess of one hundred thousand dollars or	60369
ten per cent of the approved cost, whichever is greater. After the	60370
initial authorization, the permit holder shall present copies of	60371
paid bills. If the permit holder is in substantial compliance with	60372
the schedule for construction and completion of the new race track	60373
or capital improvement, the racing commission may authorize the	60374
continuation of the tax reduction upon the presentation of the	60375
additional paid bills. The total amount of the tax reduction	60376
authorized shall not exceed the percentage of the approved cost of	60377
the new race track or capital improvement specified in division	60378
(J)(1) of this section. The racing commission may terminate any	60379
tax reduction immediately if a permit holder fails to complete the	60380
new race track or capital improvement, or to substantially comply	60381
with the schedule for construction and completion of the new race	60382
track or capital improvement. If a permit holder fails to complete	60383
a new race track or capital improvement, the racing commission	60384
shall order the permit holder to repay to the state the total	60385
amount of tax reduced. The normal tax paid by the permit holder	60386
shall be increased by three-fourths of one per cent of the total	60387
amount wagered until the total amount of the additional tax	60388
collected equals the total amount of tax reduced.	60389

(4) As used in this section:

60390

(a) "Capital improvement" means an addition, replacement, or	60391
remodeling of a structural unit of a race track facility costing	60392
at least one hundred thousand dollars, including, but not limited	60393
to, the construction of barns used exclusively for the race track	60394
facility, backstretch facilities for horsemen, paddock facilities,	60395
new pari-mutuel and totalizator equipment and appurtenances to	60396
that equipment purchased by the track, new access roads, new	60397
parking areas, the complete reconstruction, reshaping, and	60398
leveling of the racing surface and appurtenances, the installation	60399
of permanent new heating or air conditioning, roof replacement or	60400
restoration, installations of a permanent nature forming a part of	60401
the track structure, and construction of buildings that are	60402
located on a permit holder's premises. "Capital improvement" does	60403
not include the cost of replacement of equipment that is not	60404
permanently installed, ordinary repairs, painting, and maintenance	60405
required to keep a race track facility in ordinary operating	60406
condition.	60407

(b) "New race track" includes the reconstruction of a race	60408
track damaged by fire or other cause that has been declared by the	60409
racing commission, as a result of the damage, to be an inadequate	60410
facility for the safe operation of horse racing.	60411

(c) "Approved cost" includes all debt service and interest	60412
costs that are associated with a capital improvement or new race	60413
track and that the racing commission approves for a tax reduction	60414
under division (J) of this section.	60415

(5) The racing commission shall not approve an application	60416
for a tax reduction under this section if it has reasonable cause	60417
to believe that the actions or negligence of the permit holder	60418
substantially contributed to the damage suffered by the track due	60419
to fire or other cause. The racing commission shall obtain any	60420
data or information available from a fire marshal, law enforcement	60421
official, or insurance company concerning any fire or other damage	60422
suffered by a track, prior to approving an application for a tax	60423
reduction.	60424

(6) The approved cost to which a tax reduction applies shall	60425
be determined by generally accepted accounting principles and	60426
verified by an audit of the permit holder's records upon	60427
completion of the project by the racing commission, or by an	60428
independent certified public accountant selected by the permit	60429
holder and approved by the commission.	60430

(K) No other license or excise tax or fee, except as provided	60431
in sections 3769.01 to 3769.14 of the Revised Code, shall be	60432
assessed or collected from such licensee by any county, township,	60433
district, municipal corporation, or other body having power to	60434
assess or collect a tax or fee. That portion of the tax paid under	60435
this section by permit holders for racing conducted at and during	60436
the course of an agricultural exposition or fair, and that portion	60437
of the tax that would have been paid by eligible permit holders	60438
into the ~~PASSPORT~~nursing home franchise permit fee fund as a	60439
result of racing conducted at and during the course of an	60440
agricultural exposition or fair, shall be deposited into the state	60441
treasury to the credit of the horse racing tax fund, which is	60442
hereby created for the use of the agricultural societies of the	60443
several counties in which the taxes originate. The state racing	60444
commission shall determine eligible permit holders for purposes of	60445
the preceding sentence, taking into account the breed of horse,	60446
the racing dates, the geographic proximity to the fair, and the	60447
best interests of Ohio racing. On the first day of any month on	60448
which there is money in the fund, the tax commissioner shall	60449
provide for payment to the treasurer of each agricultural society	60450
the amount of the taxes collected under this section upon racing	60451
conducted at and during the course of any exposition or fair	60452
conducted by the society.	60453

(L) From the tax paid under this section by harness track	60454
permit holders, the tax commissioner shall pay into the Ohio	60455
thoroughbred race fund a sum equal to a percentage of the amount	60456
wagered upon which the tax is paid. The percentage shall be	60457
determined by the tax commissioner and shall be rounded to the	60458
nearest one-hundredth. The percentage shall be such that, when	60459
multiplied by the amount wagered upon which tax was paid by the	60460
harness track permit holders in the most recent year for which	60461
final figures are available, it results in a sum that	60462
substantially equals the same amount of tax paid by the tax	60463
commissioner during that year into the Ohio fairs fund from taxes	60464
paid by thoroughbred permit holders. This division does not apply	60465
to county and independent fairs and agricultural societies.	60466

(M) Twenty-five per cent of the taxes levied on thoroughbred	60467
racing permit holders, harness racing permit holders, and quarter	60468
horse racing permit holders under this section, division (A) of	60469
section 3769.087 of the Revised Code, and division (F)(2) of	60470
section 3769.26 of the Revised Code shall be paid into the	60471
~~PASSPORT~~nursing home franchise permit fee fund. The tax	60472
commissioner shall pay any money remaining, after the payment into	60473
the ~~PASSPORT~~nursing home franchise permit fee fund and the	60474
reductions provided for in division (J) of this section and in	60475
section 3769.20 of the Revised Code, into the Ohio fairs fund,	60476
Ohio thoroughbred race fund, Ohio standardbred development fund,	60477
Ohio quarter horse fund, and state racing commission operating	60478
fund as prescribed in this section and division (A) of section	60479
3769.087 of the Revised Code. The tax commissioner shall	60480
thereafter use and apply the balance of the money paid as a tax by	60481
any permit holder to cover any shortage in the accounts of such	60482
funds resulting from an insufficient payment as a tax by any other	60483
permit holder. The moneys received by the tax commissioner shall	60484
be deposited weekly and paid by the tax commissioner into the	60485
funds to cover the total aggregate amount due from all permit	60486
holders to the funds, as calculated under this section and	60487
division (A) of section 3769.087 of the Revised Code, as	60488
applicable. If, after the payment into the ~~PASSPORT~~nursing home	60489
franchise permit fee fund, sufficient funds are not available from	60490
the tax deposited by the tax commissioner to pay the required	60491
amounts into the Ohio fairs fund, Ohio standardbred development	60492
fund, Ohio thoroughbred race fund, Ohio quarter horse fund, and	60493
the state racing commission operating fund, the tax commissioner	60494
shall prorate on a proportional basis the amount paid to each of	60495
the funds. Any shortage to the funds as a result of a proration	60496
shall be applied against future deposits for the same calendar	60497
year when funds are available. After this application, the tax	60498
commissioner shall pay any remaining money paid as a tax by all	60499
permit holders into the ~~PASSPORT~~nursing home franchise permit fee	60500
fund. This division does not apply to permit holders conducting	60501
racing at the course of an agricultural exposition or fair as	60502
described in division (K) of this section.	60503

Sec. 3769.20. (A) To encourage the renovation of existing	60504
racing facilities for the benefit of the public, breeders, and	60505
horse owners and to increase the revenue to the state from the	60506
increase in pari-mutuel wagering resulting from such improvement,	60507
the taxes paid by a permit holder to the state, in excess of the	60508
amount paid into the ~~PASSPORT~~nursing home franchise permit fee	60509
fund, shall be reduced by one per cent of the total amount wagered	60510
for those permit holders who carry out a major capital improvement	60511
project. The percentage of the reduction that may be taken each	60512
racing day shall equal seventy-five per cent of the amount of the	60513
taxes levied under divisions (B) and (C) of section 3769.08,	60514
section 3769.087, and division (F)(2) of section 3769.26 of the	60515
Revised Code, as applicable, divided by the calculated amount each	60516
fund should receive under divisions (B) and (C) of section	60517
3769.08, section 3769.087, and division (F)(2) of section 3769.26	60518
of the Revised Code and the reduction provided for in this	60519
section. If the resulting percentage is less than one, that	60520
percentage shall be multiplied by the amount of the reduction	60521
provided for in this section. Otherwise, the permit holder shall	60522
receive the full reduction provided for in this section. The	60523
amount of the allowable reduction not received shall be carried	60524
forward and added to any other reduction balance and applied	60525
against future tax liability. After any reductions expire, any	60526
reduction carried forward shall be treated as a reduction as	60527
provided for in this section. If the amount of allowable reduction	60528
exceeds the amount of taxes derived from a permit holder, the	60529
amount of the allowable reduction not used may be carried forward	60530
and applied against future tax liability.	60531

If more than one permit holder is authorized to conduct	60532
racing at the facility that is being improved, the cost of the	60533
major capital improvement project shall be allocated between or	60534
among all the permit holders in the ratio that each permit	60535
holder's number of racing days bears to the total number of racing	60536
days conducted at the facility.	60537

A reduction for a major capital improvement project shall	60538
start from the day racing is first conducted following the date on	60539
which the major capital improvement project is completed and the	60540
construction cost has been approved by the state racing	60541
commission, except as otherwise provided in division (E) of this	60542
section, and shall continue until the total tax reduction equals	60543
the cost of the major capital improvement project plus debt	60544
service applicable to the project. In no event, however, shall any	60545
tax reduction, excluding any reduction balances, be permitted	60546
under this section after December 31, ~~2014~~2017. The total tax	60547
reduction because of the major capital improvement project shall	60548
not during any one year exceed for all permit holders using any	60549
one track one per cent of the total amount wagered. The racing	60550
commission shall notify the tax commissioner when the reduction of	60551
tax begins and when it ends.	60552

(B) Each fiscal year, the racing commission shall submit a	60553
report to the tax commissioner, the office of budget and	60554
management, and the legislative service commission. The report	60555
shall identify each capital improvement project undertaken under	60556
this section and in progress at each race track, indicate the	60557
total cost of each project, state the tax reduction that resulted	60558
from each project during the immediately preceding fiscal year,	60559
estimate the tax reduction that will result from each project	60560
during the current fiscal year, state the total tax reduction that	60561
resulted from all such projects at all race tracks during the	60562
immediately preceding fiscal year, and estimate the total tax	60563
reduction that will result from all such projects at all race	60564
tracks during the current fiscal year.	60565

(C) The tax reduction granted pursuant to this section shall	60566
be in addition to any tax reductions for capital improvements and	60567
new race tracks provided for in section 3769.08 of the Revised	60568
Code and approved by the racing commission.	60569

(D) In order to qualify for the reduction in tax, a permit	60570
holder shall apply to the racing commission in such form as the	60571
commission may require and shall provide full details of the major	60572
capital improvement project, including plans and specifications, a	60573
schedule for the project's construction and completion, and a	60574
breakdown of proposed costs. In addition, the permit holder shall	60575
have commenced construction of the major capital improvement	60576
project or shall have had the application for the project approved	60577
by the racing commission prior to March 29, 1988. The racing	60578
commission shall not approve an application unless the permit	60579
holder shows that a contract for the major capital improvement	60580
project has been let under an unrestricted competitive bidding	60581
procedure, unless the contract is exempted by the controlling	60582
board because of its unusual nature. In determining whether to	60583
approve an application, the racing commission shall consider	60584
whether the major capital improvement project will promote the	60585
safety, convenience, and comfort of the racing public and horse	60586
owners and generally tend toward the improvement of racing in this	60587
state.	60588

(E) If the major capital improvement project is approved by	60589
the racing commission and construction has started, the tax	60590
reduction may be authorized by the commission upon presentation of	60591
copies of paid bills in excess of five hundred thousand dollars.	60592
After the initial authorization, the permit holder shall present	60593
copies of paid bills in the amount of not less than five hundred	60594
thousand dollars. If the permit holder is in substantial	60595
compliance with the schedule for construction and completion of	60596
the major capital improvement project, the racing commission may	60597
authorize the continuance of the tax reduction upon the	60598
presentation of the additional paid bills in increments of five	60599
hundred thousand dollars. The racing commission may terminate the	60600
tax reduction if a permit holder fails to complete the major	60601
capital improvement project or fails to comply substantially with	60602
the schedule for construction and completion of the major capital	60603
improvement project. If the time for completion of the major	60604
capital improvement project is delayed by acts of God, strikes, or	60605
the unavailability of labor or materials, the time for completion	60606
as set forth in the schedule shall be extended by the period of	60607
the delay. If a permit holder fails to complete the major capital	60608
improvement project, the racing commission shall order the permit	60609
holder to repay to the state the total amount of tax reduced,	60610
unless the permit holder has spent at least six million dollars on	60611
the project. The normal tax paid by the permit holder under	60612
section 3769.08 of the Revised Code shall be increased by one per	60613
cent of the total amount wagered until the total amount of the	60614
additional tax collected equals the total amount of tax reduced.	60615
Any action taken by the racing commission pursuant to this section	60616
in terminating the tax adjustment or requiring repayment of the	60617
amount of tax reduced shall be subject to Chapter 119. of the	60618
Revised Code.	60619

(F) As used in this section, "major capital improvement	60620
project" means the renovation, reconstruction, or remodeling,	60621
costing at least six million dollars, of a race track facility,	60622
including, but not limited to, the construction of barns used	60623
exclusively for that race track facility, backstretch facilities	60624
for horsemen, paddock facilities, pari-mutuel and totalizator	60625
equipment and appurtenances to that equipment purchased by the	60626
track, new access roads, new parking areas, the complete	60627
reconstruction, reshaping, and leveling of the racing surface and	60628
appurtenances, grandstand enclosure, installation of permanent new	60629
heating or air conditioning, roof replacement, and installations	60630
of a permanent nature forming a part of the track structure.	60631

(G) The cost and expenses to which the tax reduction granted	60632
under this section applies shall be determined by generally	60633
accepted accounting principles and be verified by an audit of the	60634
permit holder's records, upon completion of the major capital	60635
improvement project, either by the racing commission or by an	60636
independent certified public accountant selected by the permit	60637
holder and approved by the commission.	60638

(H) This section and section 3769.201 of the Revised Code	60639
govern any tax reduction granted to a permit holder for the cost	60640
to the permit holder of any cleanup, repair, or improvement	60641
required as a result of damage caused by the 1997 Ohio river flood	60642
to the place, track, or enclosure for which the permit is issued.	60643

Sec. 3769.26. (A)(1) Except as otherwise provided in	60644
division (B) of this section, each track in existence on September	60645
27, 1994, regardless of the number of permit holders authorized to	60646
conduct race meetings at the track, may establish, with the	60647
approval of the state racing commission and the appropriate local	60648
legislative authority, not more than two satellite facilities at	60649
which it may conduct pari-mutuel wagering on horse races conducted	60650
either inside or outside this state and simulcast by a simulcast	60651
host to the satellite facilities.	60652

(2) Prior to a track's establishing satellite facilities	60653
under this section, the permit holders at that track shall agree	60654
among themselves regarding their respective rights and obligations	60655
with respect to those satellite facilities.	60656

(3)(a) Any track that desires to establish a satellite	60657
facility shall provide written notification of its intent to the	60658
state racing commission and to the appropriate local legislative	60659
authority that is required to approve the satellite facility,	60660
together with detailed plans and specifications for the satellite	60661
facility. The commission shall deliver copies of this notification	60662
to all other tracks in this state, and the commission shall,	60663
within forty-five days after receiving the notification, hold a	60664
hearing on the track's intent to establish a satellite facility.	60665
At this hearing the commission shall consider the evidence	60666
presented and determine whether the request for establishment of a	60667
satellite facility shall be approved.	60668

The commission shall not approve a track's request to	60669
establish a satellite facility if the owner of the premises where	60670
the satellite facility is proposed to be located or if the	60671
proposed operator of the satellite facility has been convicted of	60672
or has pleaded guilty to a gambling offense that is a felony or	60673
any other felony under the laws of this state, any other state, or	60674
the United States that the commission determines to be related to	60675
fitness to be the owner of such a premises or to be the operator	60676
of a satellite facility. As used in division (A)(3)(a) of this	60677
section, "gambling offense" has the same meaning as in section	60678
2915.01 of the Revised Code and "operator" means the individual	60679
who is responsible for the day-to-day operations of a satellite	60680
facility. The commission shall conduct a background investigation	60681
on each person who is the owner of a premises where a satellite	60682
facility is proposed to be located or who is proposed to be the	60683
operator or an employee of a satellite facility. The commission	60684
shall adopt rules in accordance with Chapter 119. of the Revised	60685
Code that specify the specific information the commission shall	60686
collect in conducting such a background investigation.	60687

No track shall knowingly contract with a person as the owner	60688
of the premises where a satellite facility is located, or	60689
knowingly employ a person as the operator or an employee of a	60690
satellite facility, who has been convicted of or pleaded guilty to	60691
a gambling offense that is a felony or any other felony under the	60692
laws of this state, any other state, or the United States that the	60693
commission determines to be related to fitness to be the owner of	60694
such a premises or to be the operator or an employee of a	60695
satellite facility. The commission may impose a fine in an amount	60696
not to exceed ten thousand dollars on any track that violates any	60697
of these prohibitions.	60698

(b) Each track that receives the notification described in	60699
division (A)(3)(a) of this section shall notify the commission and	60700
the track that desires to establish the satellite facility, within	60701
thirty days after receiving the notification from the commission,	60702
indicating whether or not it desires to participate in the joint	60703
ownership of the facility. Ownership shall be distributed equally	60704
among the tracks that choose to participate in the joint ownership	60705
of the facility unless the participating tracks agree to and	60706
contract otherwise. Tracks that fail to respond to the commission	60707
and the track that desires to establish the satellite facility	60708
within this thirty-day period regarding the ownership of the	60709
particular satellite facility are not eligible to participate in	60710
its ownership.	60711

(B) If, within three years after September 27, 1994, a track	60712
in existence on September 27, 1994, does not establish both of the	60713
satellite facilities it is authorized to establish under division	60714
(A) of this section, another track, with the approval of the	60715
racing commission, may establish in accordance with this section a	60716
number of additional satellite facilities that does not exceed the	60717
number of satellite facilities that the first track did not	60718
establish. However, no more than fourteen satellite facilities may	60719
be established in this state.	60720

(C) Except as otherwise provided in this division, each	60721
permit holder in this state shall allow the races that it	60722
conducts, and the races conducted outside this state that it	60723
receives as a simulcast host, to be simulcast to all satellite	60724
facilities operating in this state and shall take all action	60725
necessary to supply its simulcast and wagering information to	60726
these satellite facilities. A permit holder at a track where the	60727
average daily amount wagered for all race meetings during calendar	60728
year 1990 did not exceed two hundred fifty thousand dollars may	60729
elect not to simulcast its races to the satellite facilities. If a	60730
permit holder at such a track chooses to simulcast its races to	60731
satellite facilities, it shall allow its races to be simulcast to	60732
all satellite facilities operating in this state. Except as	60733
otherwise provided in this division, each satellite facility shall	60734
receive simulcasts of and conduct pari-mutuel wagering on all live	60735
racing programs being conducted at any track in this state and on	60736
all agreed simulcast racing programs, as provided in division (D)	60737
of section 3769.089 of the Revised Code, conducted in other states	60738
that are received by simulcast in this state, without regard to	60739
the breed of horse competing in the race or the time of day of the	60740
race.	60741

No satellite facility may receive simulcasts of horse races	60742
during the same hours that a county fair or independent fair	60743
located within the same county as the satellite facility is	60744
conducting pari-mutuel wagering on horse races at that county or	60745
independent fair.	60746

Except as otherwise provided in this division, the commission	60747
shall not approve the establishment of a satellite facility within	60748
a radius of fifty miles of any track. The commission may approve	60749
the establishment of a satellite facility at a location within a	60750
radius of at least thirty-five but not more than fifty miles from	60751
one or more tracks if all of the holders of permits issued for	60752
those tracks consent in writing to the establishment of the	60753
satellite facility. The commission may approve the establishment	60754
of a satellite facility at a location within a radius of	60755
thirty-five miles of more than one race track if all holders of	60756
permits issued for those tracks consent in writing to the	60757
establishment of the satellite facility and, if the tracks are	60758
located completely within one county and the proposed satellite	60759
facility will be located within that county, if both the	60760
legislative authority of the municipal corporation in that county	60761
with the largest population, and the appropriate legislative	60762
authority that is required to approve the satellite facility under	60763
division (A)(1) of this section, approve the establishment of the	60764
new satellite facility. The commission may approve the	60765
establishment of a satellite facility at a location within a	60766
radius of less than twenty miles from an existing satellite	60767
facility if the owner of the existing satellite facility consents	60768
in writing to the establishment of the new satellite facility.	60769

A satellite facility shall not receive simulcasts of horse	60770
races conducted outside this state on any day when no simulcast	60771
host is operating.	60772

(D) Each simulcast host is responsible for paying all costs	60773
associated with the up-link for simulcasts. Each satellite	60774
facility is responsible for paying all costs associated with the	60775
reception of simulcasts and the operation of the satellite	60776
facility.	60777

(E) All money wagered at the simulcast host, and all money	60778
wagered at all satellite facilities on races simulcast from the	60779
simulcast host, shall be included in a common pari-mutuel pool at	60780
the simulcast host. Except as otherwise provided in division	60781
(F)(6) of this section, the payment shall be the same for all	60782
winning tickets whether a wager is placed at a simulcast host or a	60783
satellite facility. Wagers placed at a satellite facility shall	60784
conform in denomination, character, terms, conditions, and in all	60785
other respects to wagers placed at the simulcast host for the same	60786
race.	60787

(F)(1) As used in division (F) of this section, "effective	60788
rate" means the effective gross tax percentage applicable at the	60789
simulcast host, determined in accordance with sections 3769.08 and	60790
3769.087 of the Revised Code, after combining the money wagered at	60791
the simulcast host with the money wagered at satellite facilities	60792
on races simulcast from the host track.	60793

(2) For the purposes of calculating the amount of taxes to be	60794
paid and the amount of commissions to be retained by permit	60795
holders, fifty per cent of the amount wagered at satellite	60796
facilities on a live racing program simulcast from a simulcast	60797
host shall be allocated to the permit holder's live race wagering	60798
at that simulcast host that conducts the live racing program, and	60799
fifty per cent of the amount wagered at satellite facilities on	60800
simulcast racing programs conducted outside this state shall be	60801
allocated to, and apportioned equally among, the permit holders	60802
acting as simulcast hosts for the out-of-state simulcast racing	60803
programs. The remainder of the amount wagered at a satellite	60804
facility on races simulcast from a simulcast host shall be	60805
allocated to the satellite facility. In computing the tax due on	60806
the amount allocated to the satellite facility, if there is more	60807
than one simulcast host for out-of-state simulcast racing	60808
programs, the effective rate applied by the satellite facility	60809
shall be the tax rate applicable to the simulcast host that pays	60810
the highest effective rate under section 3769.08 of the Revised	60811
Code on such simulcast racing programs.	60812

(3) The portion of the amount wagered that is allocated to a	60813
simulcast host under division (F)(2) of this section shall be	60814
treated, for the purposes of calculating the amount of taxes to be	60815
paid and commissions to be retained, as having been wagered at the	60816
simulcast host on a live racing program or on a simulcast racing	60817
program. The permit holder at the simulcast host shall pay, by	60818
check, draft, or money order to the state tax commissioner, as a	60819
tax, the tax specified in sections 3769.08 and 3769.087 of the	60820
Revised Code, as applicable, except that the tax shall be	60821
calculated using the effective rate, and the permit holder may	60822
retain as a commission the percentage of the amount wagered as	60823
specified in those sections. From the tax collected, the tax	60824
commissioner shall make distributions to the respective funds, and	60825
in the proper amounts, as required by sections 3769.08 and	60826
3769.087 of the Revised Code, as applicable.	60827

(4) From the portion of the amount wagered that is allocated	60828
to a satellite facility under division (F)(2) of this section, the	60829
satellite facility may retain as a commission the amount specified	60830
in section 3769.08 or 3769.087 of the Revised Code, as applicable.	60831
The portion of the amount wagered that is allocated to a satellite	60832
facility shall be subject to tax at the effective rate as follows:	60833

(a) One per cent of such amount allocated to the satellite	60834
facility shall be paid as a tax each racing day to the tax	60835
commissioner for deposit into the ~~PASSPORT~~nursing home franchise	60836
permit fee fund.	60837

(b) The remaining balance of the taxes calculated at the	60838
effective rate, after payment of the tax specified in division	60839
(F)(4)(a) of this section, shall be retained by the satellite	60840
facility to pay for those costs associated with the reception of	60841
the simulcasts.	60842

(5) From the commission retained by a satellite facility	60843
after the deduction of the tax paid at the effective rate under	60844
division (F)(4) of this section, the satellite facility shall	60845
retain an amount equal to two and three-eighths per cent of the	60846
amount wagered that day on simulcast racing programs and the	60847
balance shall be divided as follows:	60848

(a) One-half shall be paid to the owner of the satellite	60849
facility;	60850

(b) One-half shall be paid to the state racing commission for	60851
deposit into the Ohio combined simulcast horse racing purse fund.	60852

(6) In addition to the commission retained under this	60853
section, a satellite facility shall retain two and one-half per	60854
cent of the amount that would otherwise be paid on each winning	60855
wager unless the retention of this amount would either cause or	60856
add to a minus pool. As used in division (F)(6) of this section,	60857
"minus pool" means a wagering pool in which a winning wager is	60858
paid off at less than one hundred ten per cent of the amount of	60859
the wager. The amount retained shall be paid each racing day to	60860
the tax commissioner for deposit into the ~~PASSPORT~~nursing home	60861
franchise permit fee fund.	60862

(7) At the close of each day, each satellite facility shall	60863
pay, by check, draft, or money order, or by wire transfer of	60864
funds, out of the money retained on that day to the collection and	60865
settlement agent the required fee to be paid by the simulcast host	60866
to the tracks, racing associations, or state regulatory agencies	60867
located outside this state for simulcasts into this state computed	60868
and based on one-half of the amount wagered at the satellite	60869
facility that day on interstate simulcast racing programs.	60870

(G) No license, fee, or excise tax, other than as specified	60871
in division (F)(6) of this section, shall be assessed upon or	60872
collected from a satellite facility, the owners of a satellite	60873
facility, or the holders of permits issued for a track that has	60874
established a satellite facility by any county, township,	60875
municipal corporation, district, or other body having the	60876
authority to assess or collect a tax or fee.	60877

(H) In no case shall that portion of the commissions	60878
designated for purses from satellite facilities be less than that	60879
portion of those commissions designated for purses at the	60880
simulcast host.	60881

(I) It is the intention of the general assembly in enacting	60882
this section not to adversely affect the amounts paid into the	60883
Ohio thoroughbred race fund created under section 3769.083 of the	60884
Revised Code. Therefore, each track that acts as a simulcast host	60885
under this section shall calculate, on a semi-annual basis during	60886
calendar years 1994, 1995, and 1996, its average daily	60887
contribution to the Ohio thoroughbred race fund created under	60888
section 3769.083 of the Revised Code on those days on which the	60889
track conducted live horse racing. If this average daily	60890
contribution to the fund is less than the average daily	60891
contribution from the same track to the fund during the same	60892
six-month period of calendar year 1992, there shall be contributed	60893
to the fund an amount equal to the average daily shortfall	60894
multiplied by the number of days of live racing conducted during	60895
the six-month period in calendar year 1994, 1995, or 1996, as	60896
applicable. The amount of such contribution shall be allocated	60897
among the simulcast host, the purse program at the simulcast host,	60898
and the satellite facilities for which the track served as the	60899
simulcast host, on a pro rata basis in proportion to the amounts	60900
contributed by them to the fund during such six-month period in	60901
calendar year 1994, 1995, or 1996, as applicable.	60902

Sec. 3770.03. (A) The state lottery commission shall	60903
promulgate rules under which a statewide lottery may be conducted,	60904
which includes, and since the original enactment of this section	60905
has included, the authority for the commission to operate video	60906
lottery terminal games. Any reference in this chapter to tickets	60907
shall not be construed to in any way limit the authority of the	60908
commission to operate video lottery terminal games. Nothing in	60909
this chapter shall restrict the authority of the commission to	60910
promulgate rules related to the operation of games utilizing video	60911
lottery terminals as described in section 3770.21 of the Revised	60912
Code. The rules shall be promulgated pursuant to Chapter 119. of	60913
the Revised Code, except that instant game rules shall be	60914
promulgated pursuant to section 111.15 of the Revised Code but are	60915
not subject to division (D) of that section. Subjects covered in	60916
these rules shall include, but need not be limited to, the	60917
following:	60918

(1) The type of lottery to be conducted;

60919

(2) The prices of tickets in the lottery;

60920

(3) The type of notices that shall appear on lottery tickets,	60921
including one that shall appear if the word "education" is used in	60922
any advertising for a statewide lottery, which must include	60923
information as to the percentage that lottery profits contribute	60924
to all education funding in the state;	60925

(4) The number, nature, and value of prize awards, the manner	60926
and frequency of prize drawings, and the manner in which prizes	60927
shall be awarded to holders of winning tickets.	60928

(B) The commission shall promulgate rules, in addition to	60929
those described in division (A) of this section, pursuant to	60930
Chapter 119. of the Revised Code under which a statewide lottery	60931
and statewide joint lottery games may be conducted. Subjects	60932
covered in these rules shall include, but not be limited to, the	60933
following:	60934

(1) The locations at which lottery tickets may be sold and	60935
the manner in which they are to be sold. These rules may authorize	60936
the sale of lottery tickets by commission personnel or other	60937
licensed individuals from traveling show wagons at the state fair,	60938
and at any other expositions the director of the commission	60939
considers acceptable. These rules shall prohibit commission	60940
personnel or other licensed individuals from soliciting from an	60941
exposition the right to sell lottery tickets at that exposition,	60942
but shall allow commission personnel or other licensed individuals	60943
to sell lottery tickets at an exposition if the exposition	60944
requests commission personnel or licensed individuals to do so.	60945
These rules may also address the accessibility of sales agent	60946
locations to commission products in accordance with the "Americans	60947
with Disabilities Act of 1990," 104 Stat. 327, 42 U.S.C.A. 12101	60948
et seq.	60949

(2) The manner in which lottery sales revenues are to be	60950
collected, including authorization for the director to impose	60951
penalties for failure by lottery sales agents to transfer revenues	60952
to the commission in a timely manner;	60953

(3) The amount of compensation to be paid licensed lottery	60954
sales agents;	60955

(4) The substantive criteria for the licensing of lottery	60956
sales agents consistent with section 3770.05 of the Revised Code,	60957
and procedures for revoking or suspending their licenses	60958
consistent with Chapter 119. of the Revised Code. If	60959
circumstances, such as the nonpayment of funds owed by a lottery	60960
sales agent, or other circumstances related to the public safety,	60961
convenience, or trust, require immediate action, the director may	60962
suspend a license without affording an opportunity for a prior	60963
hearing under section 119.07 of the Revised Code.	60964

(5) Special game rules to implement any agreements signed by	60965
the governor that the director enters into with other lottery	60966
jurisdictions under division (J) of section 3770.02 of the Revised	60967
Code to conduct statewide joint lottery games. The rules shall	60968
require that the entire net proceeds of those games that remain,	60969
after associated operating expenses, prize disbursements, lottery	60970
sales agent bonuses, commissions, and reimbursements, and any	60971
other expenses necessary to comply with the agreements or the	60972
rules are deducted from the gross proceeds of those games, be	60973
transferred to the lottery profits education fund under division	60974
(B) of section 3770.06 of the Revised Code.	60975

(6) Any other subjects the commission determines are	60976
necessary for the operation of video lottery terminal games,	60977
including the establishment of any fees, fines, or payment	60978
schedules.	60979

(C) Chapter 2915. of the Revised Code does not apply to,	60980
affect, or prohibit lotteries conducted pursuant to this chapter.	60981

(D) The commission may promulgate rules, in addition to those	60982
described in divisions (A) and (B) of this section, that establish	60983
standards governing the display of advertising and celebrity	60984
images on lottery tickets and on other items that are used in the	60985
conduct of, or to promote, the statewide lottery and statewide	60986
joint lottery games. Any revenue derived from the sale of	60987
advertising displayed on lottery tickets and on those other items	60988
shall be considered, for purposes of section 3770.06 of the	60989
Revised Code, to be related proceeds in connection with the	60990
statewide lottery or gross proceeds from statewide joint lottery	60991
games, as applicable.	60992

(E)(1) The commission shall meet with the director at least	60993
once each month and shall convene other meetings at the request of	60994
the chairperson or any five of the members. No action taken by the	60995
commission shall be binding unless at least five of the members	60996
present vote in favor of the action. A written record shall be	60997
made of the proceedings of each meeting and shall be transmitted	60998
forthwith to the governor, the president of the senate, the senate	60999
minority leader, the speaker of the house of representatives, and	61000
the house minority leader.	61001

(2) The director shall present to the commission a report	61002
each month, showing the total revenues, prize disbursements, and	61003
operating expenses of the state lottery for the preceding month.	61004
As soon as practicable after the end of each fiscal year, the	61005
commission shall prepare and transmit to the governor and the	61006
general assembly a report of lottery revenues, prize	61007
disbursements, and operating expenses for the preceding fiscal	61008
year and any recommendations for legislation considered necessary	61009
by the commission.	61010

Sec. 3770.031. The notice that the state lottery commission	61011
determines shall appear on lottery tickets under division (A)(3)	61012
of section 3770.03 of the Revised Code to provide information as	61013
to what percentage that lottery profits contribute to all	61014
education funding in the state also shall appear on any television	61015
advertising for the Ohio lottery and on the first page of the web	61016
site for the Ohio lottery.	61017

Sec. 3770.05. (A) As used in this section, "person" means	61018
any person, association, corporation, partnership, club, trust,	61019
estate, society, receiver, trustee, person acting in a fiduciary	61020
or representative capacity, instrumentality of the state or any of	61021
its political subdivisions, or any other combination of	61022
individuals meeting the requirements set forth in this section or	61023
established by rule or order of the state lottery commission.	61024

(B) The director of the state lottery commission may license	61025
any person as a lottery sales agent. No license shall be issued to	61026
any person or group of persons to engage in the sale of lottery	61027
tickets as the person's or group's sole occupation or business.	61028

Before issuing any license to a lottery sales agent, the	61029
director shall consider all of the following:	61030

(1) The financial responsibility and security of the	61031
applicant and the applicant's business or activity;	61032

(2) The accessibility of the applicant's place of business or	61033
activity to the public;	61034

(3) The sufficiency of existing licensed agents to serve the	61035
public interest;	61036

(4) The volume of expected sales by the applicant;

61037

(5) Any other factors pertaining to the public interest,	61038
convenience, or trust.	61039

(C) Except as otherwise provided in division (F) of this	61040
section, the director of the state lottery commission shall refuse	61041
to grant, or shall suspend or revoke, a license if the applicant	61042
or licensee:	61043

(1) Has been convicted of a felony or has been convicted of a	61044
crime involving moral turpitude;	61045

(2) Has been convicted of an offense that involves illegal	61046
gambling;	61047

(3) Has been found guilty of fraud or misrepresentation in	61048
any connection;	61049

(4) Has been found to have violated any rule or order of the	61050
commission; or	61051

(5) Has been convicted of illegal trafficking in supplemental	61052
nutrition assistance program benefits.	61053

(D) Except as otherwise provided in division (F) of this	61054
section, the director of the state lottery commission shall refuse	61055
to grant, or shall suspend or revoke, a license if the applicant	61056
or licensee is a corporation and any of the following applies:	61057

(1) Any of the corporation's directors, officers, or	61058
controlling shareholders has been found guilty of any of the	61059
activities specified in divisions (C)(1) to (5) of this section;	61060

(2) It appears to the director of the state lottery	61061
commission that, due to the experience, character, or general	61062
fitness of any director, officer, or controlling shareholder of	61063
the corporation, the granting of a license as a lottery sales	61064
agent would be inconsistent with the public interest, convenience,	61065
or trust;	61066

(3) The corporation is not the owner or lessee of the	61067
business at which it would conduct a lottery sales agency pursuant	61068
to the license applied for;	61069

(4) Any person, firm, association, or corporation other than	61070
the applicant or licensee shares or will share in the profits of	61071
the applicant or licensee, other than receiving dividends or	61072
distributions as a shareholder, or participates or will	61073
participate in the management of the affairs of the applicant or	61074
licensee.	61075

(E)(1) The director of the state lottery commission shall	61076
refuse to grant a license to an applicant for a lottery sales	61077
agent license and shall revoke a lottery sales agent license if	61078
the applicant or licensee is or has been convicted of a violation	61079
of division (A) or (C)(1) of section 2913.46 of the Revised Code.	61080

(2) The director shall refuse to grant a license to an	61081
applicant for a lottery sales agent license that is a corporation	61082
and shall revoke the lottery sales agent license of a corporation	61083
if the corporation is or has been convicted of a violation of	61084
division (A) or (C)(1) of section 2913.46 of the Revised Code.	61085

(F) The director of the state lottery commission shall	61086
request the bureau of criminal identification and investigation,	61087
the department of public safety, or any other state, local, or	61088
federal agency to supply the director with the criminal records of	61089
any applicant for a lottery sales agent license, and may	61090
periodically request the criminal records of any person to whom a	61091
lottery sales agent license has been issued. At or prior to the	61092
time of making such a request, the director shall require an	61093
applicant or licensee to obtain fingerprint impressions on	61094
fingerprint cards prescribed by the superintendent of the bureau	61095
of criminal identification and investigation at a qualified law	61096
enforcement agency, and the director shall cause those fingerprint	61097
cards to be forwarded to the bureau of criminal identification and	61098
investigation, to the federal bureau of investigation, or to both	61099
bureaus. The commission shall assume the cost of obtaining the	61100
fingerprint cards.	61101

The director shall pay to each agency supplying criminal	61102
records for each investigation a reasonable fee, as determined by	61103
the agency.	61104

The commission may adopt uniform rules specifying time	61105
periods after which the persons described in divisions (C)(1) to	61106
(5) and (D)(1) to (4) of this section may be issued a license and	61107
establishing requirements for those persons to seek a court order	61108
to have records sealed in accordance with law.	61109

(G)(1) Each applicant for a lottery sales agent license shall	61110
do both of the following:	61111

(a) Pay fees to the state lottery commission, ~~at the time the~~	61112
~~application is submitted, a fee in an amount that the director of~~	61113
~~the state lottery commission determines~~if required by rule	61114
adopted by the director under Chapter 119. of the Revised Code and	61115
~~that~~ the controlling board approves the fees;	61116

(b) Prior to approval of the application, obtain a surety	61117
bond in an amount the director determines by rule adopted under	61118
Chapter 119. of the Revised Code or, ~~alternatively,~~ with the	61119
director's approval, deposit ~~the same~~an amount into a dedicated	61120
account for the benefit of the state lottery. The director also	61121
may approve the obtaining of a surety bond to cover part of the	61122
amount required, together with a dedicated account deposit to	61123
cover the remainder of the amount required. In addition, the	61124
director, with the approval of the commission, may establish a	61125
program or policy by rule adopted under Chapter 119. of the	61126
Revised Code that is an alternative to obtaining a surety bond or	61127
making a dedicated account deposit under this division. The	61128
alternative program or policy shall ensure that the financial	61129
interests of the state lottery are protected. If an alternative	61130
program or policy is established, an applicant or a lottery sales	61131
agent, with the director's approval, may participate in the	61132
program or proceed under the policy.	61133

A surety bond may be with any company that complies with the	61134
bonding and surety laws of this state and the requirements	61135
established by rules of the commission pursuant to this chapter. A	61136
dedicated account deposit shall be conducted in accordance with	61137
policies and procedures the director establishes. An alternative	61138
program or policy established by the director shall be conducted	61139
in accordance with the rules adopted by the director.	61140

A surety bond, dedicated account, or ~~both~~alternative program	61141
or policy established under this section, or any combination	61142
thereof, as applicable, may be used to pay for the lottery sales	61143
agent's failure to make prompt and accurate payments for lottery	61144
ticket sales, for missing or stolen lottery tickets, or for damage	61145
to equipment or materials issued to the lottery sales agent, or to	61146
pay for expenses the commission incurs in connection with the	61147
lottery sales agent's license.	61148

(2) A lottery sales agent license is effective for one year.

61149

A licensed lottery sales agent, on or before the date	61150
established by the director, shall renew the agent's license and	61151
provide at that time evidence to the director that the surety	61152
bond, dedicated account deposit, or ~~both~~alternative program or	61153
policy as established under this section, required under division	61154
(G)(1)(b) of this section, has been renewed or, is active, or is	61155
being complied with, whichever applies.	61156

Before the commission renews a lottery sales agent license,	61157
the lottery sales agent shall submit a renewal fee to the	61158
commission ~~in an amount that the director determines~~, if one is	61159
required by rule adopted by the director under Chapter 119. of the	61160
Revised Code and ~~that~~ the controlling board approves the renewal	61161
fee. The renewal fee shall not exceed the actual cost of	61162
administering the license renewal and processing changes reflected	61163
in the renewal application. The renewal of the license is	61164
effective for up to one year.	61165

(3) A lottery sales agent license shall be complete,	61166
accurate, and current at all times during the term of the license.	61167
Any changes to an original license application or a renewal	61168
application may subject the applicant or lottery sales agent, as	61169
applicable, to paying an administrative fee that shall be in an	61170
amount that the director determines by rule adopted under Chapter	61171
119. of the Revised Code, that the controlling board approves, and	61172
that shall not exceed the actual cost of administering and	61173
processing the changes to an application.	61174

(4) The relationship between the commission and a lottery	61175
sales agent is one of trust. A lottery sales agent collects funds	61176
on behalf of the commission through the sale of lottery tickets	61177
for which the agent receives a compensation.	61178

(H) Pending a final resolution of any question arising under	61179
this section, the director of the state lottery commission may	61180
issue a temporary lottery sales agent license, subject to the	61181
terms and conditions the director considers appropriate.	61182

(I) If a lottery sales agent's rental payments for the	61183
lottery sales agent's premises are determined, in whole or in	61184
part, by the amount of retail sales the lottery sales agent makes,	61185
and if the rental agreement does not expressly provide that the	61186
amount of those retail sales includes the amounts the lottery	61187
sales agent receives from lottery ticket sales, only the amounts	61188
the lottery sales agent receives as compensation from the state	61189
lottery commission for selling lottery tickets shall be considered	61190
to be amounts the lottery sales agent receives from the retail	61191
sales the lottery sales agent makes, for the purpose of computing	61192
the lottery sales agent's rental payments.	61193

Sec. 3772.062. (A) The executive director of the commission	61194
shall enter into an agreement with the department of alcohol and	61195
drug addiction services under which the department provides a	61196
program of gambling and addiction services on behalf of the	61197
commission.	61198

(B) The executive director of the commission, in conjunction	61199
with the department of alcohol and drug addiction services, shall	61200
establish, operate, and publicize an in-state, toll-free telephone	61201
number Ohio residents may call to obtain basic information about	61202
problem gambling, the gambling addiction services available to	61203
problem gamblers, and how a problem gambler may obtain help. The	61204
telephone number shall be staffed twenty-four hours per day, seven	61205
days a week, to respond to inquiries and provide that information.	61206
The costs of establishing, operating, and publicizing the	61207
telephone number shall be paid for with money in the problem	61208
casino gambling and addictions fund.	61209

Sec. 3781.06. (A)(1) Any building that may be used as a	61210
place of resort, assembly, education, entertainment, lodging,	61211
dwelling, trade, manufacture, repair, storage, traffic, or	61212
occupancy by the public, any residential building, and all other	61213
buildings or parts and appurtenances of those buildings erected	61214
within this state, shall be so constructed, erected, equipped, and	61215
maintained that they shall be safe and sanitary for their intended	61216
use and occupancy.	61217

(2) Nothing in sections 3781.06 to 3781.18 and 3791.04 of the	61218
Revised Code shall be construed to limit the power of the ~~public~~	61219
~~health council~~manufactured homes commission to adopt rules of	61220
~~uniform application~~ governing manufactured home parks pursuant to	61221
section ~~3733.02~~4781.04 of the Revised Code.	61222

(B) Sections 3781.06 to 3781.18 and 3791.04 of the Revised	61223
Code do not apply to either of the following:	61224

(1) Buildings or structures that are incident to the use for	61225
agricultural purposes of the land on which the buildings or	61226
structures are located, provided those buildings or structures are	61227
not used in the business of retail trade. For purposes of this	61228
division, a building or structure is not considered used in the	61229
business of retail trade if fifty per cent or more of the gross	61230
income received from sales of products in the building or	61231
structure by the owner or operator is from sales of products	61232
produced or raised in a normal crop year on farms owned or	61233
operated by the seller.	61234

(2) Existing single-family, two-family, and three-family	61235
detached dwelling houses for which applications have been	61236
submitted to the director of job and family services pursuant to	61237
section 5104.03 of the Revised Code for the purposes of operating	61238
type A family day-care homes as defined in section 5104.01 of the	61239
Revised Code.	61240

(C) As used in sections 3781.06 to 3781.18 and 3791.04 of the	61241
Revised Code:	61242

(1) "Agricultural purposes" include agriculture, farming,	61243
dairying, pasturage, apiculture, horticulture, floriculture,	61244
viticulture, ornamental horticulture, olericulture, pomiculture,	61245
and animal and poultry husbandry.	61246

(2) "Building" means any structure consisting of foundations,	61247
walls, columns, girders, beams, floors, and roof, or a combination	61248
of any number of these parts, with or without other parts or	61249
appurtenances.	61250

(3) "Industrialized unit" means a building unit or assembly	61251
of closed construction fabricated in an off-site facility, that is	61252
substantially self-sufficient as a unit or as part of a greater	61253
structure, and that requires transportation to the site of	61254
intended use. "Industrialized unit" includes units installed on	61255
the site as independent units, as part of a group of units, or	61256
incorporated with standard construction methods to form a	61257
completed structural entity. "Industrialized unit" does not	61258
include a manufactured home as defined by division (C)(4) of this	61259
section or a mobile home as defined by division (O) of section	61260
4501.01 of the Revised Code.	61261

(4) "Manufactured home" means a building unit or assembly of	61262
closed construction that is fabricated in an off-site facility and	61263
constructed in conformance with the federal construction and	61264
safety standards established by the secretary of housing and urban	61265
development pursuant to the "Manufactured Housing Construction and	61266
Safety Standards Act of 1974," 88 Stat. 700, 42 U.S.C.A. 5401,	61267
5403, and that has a permanent label or tag affixed to it, as	61268
specified in 42 U.S.C.A. 5415, certifying compliance with all	61269
applicable federal construction and safety standards.	61270

(5) "Permanent foundation" means permanent masonry, concrete,	61271
or a footing or foundation approved by the manufactured homes	61272
commission pursuant to Chapter 4781. of the Revised Code, to which	61273
a manufactured or mobile home may be affixed.	61274

(6) "Permanently sited manufactured home" means a	61275
manufactured home that meets all of the following criteria:	61276

(a) The structure is affixed to a permanent foundation and is	61277
connected to appropriate facilities;	61278

(b) The structure, excluding any addition, has a width of at	61279
least twenty-two feet at one point, a length of at least	61280
twenty-two feet at one point, and a total living area, excluding	61281
garages, porches, or attachments, of at least nine hundred square	61282
feet;	61283

(c) The structure has a minimum 3:12 residential roof pitch,	61284
conventional residential siding, and a six-inch minimum eave	61285
overhang, including appropriate guttering;	61286

(d) The structure was manufactured after January 1, 1995;

61287

(e) The structure is not located in a manufactured home park	61288
as defined by section ~~3733.01~~4781.01 of the Revised Code.	61289

(7) "Safe," with respect to a building, means it is free from	61290
danger or hazard to the life, safety, health, or welfare of	61291
persons occupying or frequenting it, or of the public and from	61292
danger of settlement, movement, disintegration, or collapse,	61293
whether such danger arises from the methods or materials of its	61294
construction or from equipment installed therein, for the purpose	61295
of lighting, heating, the transmission or utilization of electric	61296
current, or from its location or otherwise.	61297

(8) "Sanitary," with respect to a building, means it is free	61298
from danger or hazard to the health of persons occupying or	61299
frequenting it or to that of the public, if such danger arises	61300
from the method or materials of its construction or from any	61301
equipment installed therein, for the purpose of lighting, heating,	61302
ventilating, or plumbing.	61303

(9) "Residential building" means a one-family, two-family, or	61304
three-family dwelling house, and any accessory structure	61305
incidental to that dwelling house. "Residential building" includes	61306
a one-family, two-family, or three-family dwelling house that is	61307
used as a model to promote the sale of a similar dwelling house.	61308
"Residential building" does not include an industrialized unit as	61309
defined by division (C)(3) of this section, a manufactured home as	61310
defined by division (C)(4) of this section, or a mobile home as	61311
defined by division (O) of section 4501.01 of the Revised Code.	61312

(10) "Nonresidential building" means any building that is not	61313
a residential building or a manufactured or mobile home.	61314

(11) "Accessory structure" means a structure that is attached	61315
to a residential building and serves the principal use of the	61316
residential building. "Accessory structure" includes, but is not	61317
limited to, a garage, porch, or screened-in patio.	61318

Sec. 3781.183. If the board of building standards adopts	61319
rules under sections 3781.06 to 3781.18 of the Revised Code	61320
concerning the requirements an adult group home seeking licensure	61321
as an adult care facility must meet under section ~~3722.02~~5119.71	61322
of the Revised Code, the board shall adopt the rules in	61323
consultation with the directors of mental health and of aging and	61324
any interested party designated by the directors of mental health	61325
and of aging.	61326

Sec. 3791.043. If the board of building standards adopts	61327
rules under section 3791.04 of the Revised Code concerning the	61328
requirements an adult group home seeking licensure as an adult	61329
care facility must meet under section ~~3722.02~~5119.71 of the	61330
Revised Code, the board shall adopt the rules in consultation with	61331
the directors of mental health and aging and any interested party	61332
designated by the directors of mental health and aging.	61333

Sec. 3793.04. The department of alcohol and drug addiction	61334
services shall develop, administer, and revise as necessary a	61335
comprehensive statewide alcohol and drug addiction services plan	61336
for the implementation of this chapter. The plan shall emphasize	61337
abstinence from the use of alcohol and drugs of abuse as the	61338
primary goal of alcohol and drug addiction services. The council	61339
on alcohol and drug addiction services shall advise the department	61340
in the development and implementation of the plan.	61341

The plan shall provide for the allocation and distribution of	61342
~~state and federal~~ funds appropriated to the department by the	61343
general assembly for ~~service~~services furnished by alcohol and	61344
drug addiction programs under contract with boards of alcohol,	61345
drug addiction, and mental health services ~~and for distribution of~~	61346
~~the funds to such boards~~. The ~~plan~~department shall exclude from	61347
the allocation and distribution any funds that are transferred to	61348
the department of job and family services to pay the nonfederal	61349
share of alcohol and drug addiction services covered by the	61350
medicaid program.	61351

The plan shall specify the methodology that the department	61352
will use for determining how the funds will be allocated and	61353
distributed. A portion of the funds shall be allocated on the	61354
basis of the ratio of the population of each alcohol, drug	61355
addiction, and mental health service district to the total	61356
population of the state as determined from the most recent federal	61357
census or the most recent official estimate made by the United	61358
States census bureau.	61359

The plan shall ensure that alcohol and drug addiction	61360
services of a high quality are accessible to, and responsive to	61361
the needs of, all persons, especially those who are members of	61362
underserved groups, including, but not limited to, African	61363
Americans, Hispanics, native Americans, Asians, juvenile and adult	61364
offenders, women, and persons with special services needs due to	61365
age or disability. The plan shall include a program to promote and	61366
protect the rights of those who receive services.	61367

To aid in formulating the plan and in evaluating the	61368
effectiveness and results of alcohol and drug addiction services,	61369
the department, in consultation with the department of mental	61370
health, shall establish and maintain an information system or	61371
systems. The department of alcohol and drug addiction services	61372
shall specify the information that must be provided by boards of	61373
alcohol, drug addiction, and mental health services and by alcohol	61374
and drug addiction programs for inclusion in the system. The	61375
department shall not collect any personal information from the	61376
boards except as required or permitted by state or federal law for	61377
purposes related to payment, health care operations, program and	61378
service evaluation, reporting activities, research, system	61379
administration, and oversight.	61380

In consultation with boards, programs, and persons receiving	61381
services, the department shall establish guidelines for the use of	61382
~~state and federal~~ funds allocated and distributed under this	61383
section and for the boards' development of plans for services	61384
required by sections 340.033 and 3793.05 of the Revised Code.	61385

In any fiscal year, the department shall spend, or allocate	61386
to boards, for methadone maintenance programs or any similar	61387
programs not more than eight per cent of the total amount	61388
appropriated to the department for the fiscal year.	61389

Sec. 3793.06. (A) ~~The department of alcohol and drug~~	61390
~~addiction services shall evaluate and certify all~~Each alcohol and	61391
drug addiction ~~programs in the state. Each~~ program shall apply to	61392
the department of alcohol and drug addiction services for	61393
certification. No program shall be eligible to receive state or	61394
federal funds unless it has been certified by the department.	61395

(B) No person shall represent in any manner that a program is	61396
certified by the department if the program is not certified at the	61397
time the representation is made.	61398

(C) Pursuant to Chapter 119. of the Revised Code and in	61399
consultation with members or representatives of boards of alcohol,	61400
drug addiction, and mental health services, programs, individuals	61401
who receive alcohol and drug addiction services, and the	61402
department of mental health, the department shall adopt rules that	61403
establish all of the following:	61404

(1) Minimum standards for the operation of programs,	61405
including, but not limited to, the following:	61406

(a) Requirements regarding physical facilities of programs;

61407

(b) Requirements with regard to health, safety, adequacy, and	61408
cultural specificity and sensitivity;	61409

(c) Requirements regarding the rights of recipients of	61410
services and procedures to protect these rights.	61411

(2) Standards for evaluating programs;

61412

(3) Standards and procedures for granting full or conditional	61413
certification to a program;	61414

(4) Standards and procedures for revoking the certification	61415
of a program that does not continue to meet the minimum standards	61416
established pursuant to this section.	61417

(D) Rules adopted under division (C) of this section shall	61418
specify the limitations to be placed on a program that is granted	61419
conditional certification.	61420

(E) The department may visit and evaluate any program to	61421
determine whether it meets the minimum standards for certification	61422
~~established pursuant to division (C) of this section~~. In the case	61423
of a program that has a contract with or proposes to contract with	61424
a board of alcohol, drug addiction, and mental health services,	61425
the department shall conduct the visit and evaluation in	61426
cooperation with the board. If	61427

(F)(1) Subject to division (F)(2) of this section, the	61428
department shall determine whether an applicant's program meets	61429
the minimum standards for certification. If the department	61430
determines that the program meets the minimum standards, it shall	61431
certify or recertify the program.	61432

~~(F)~~(2) If an applicant submits to the department evidence of	61433
holding national accreditation from the joint commission, the	61434
council on accreditation of rehabilitation facilities, or the	61435
council on accreditation, the department shall accept that	61436
accreditation as evidence of the applicant's program meeting the	61437
minimum standards for certification of the program. The department	61438
shall certify or recertify the program without any further	61439
evaluation of the program.	61440

(G) If the department determines that a program that has a	61441
contract with a board or proposes to contract with a board does	61442
not meet the minimum standards for certification, it shall	61443
identify the areas in which the program does not meet the	61444
standards, specify what action is necessary to meet the standards,	61445
and offer technical assistance to the board to enable it to assist	61446
the program in meeting the standards. The department shall give	61447
the program a reasonable time within which to demonstrate that the	61448
program meets the minimum standards or to bring the program into	61449
compliance with the standards. If the department concludes that	61450
the program continues to fail to meet minimum standards, it shall	61451
deny certification and may request that the board reallocate the	61452
funds that the board is allocating to that program to another	61453
program that is certified. If the board does not reallocate the	61454
funds within a reasonable time, the department may withhold from	61455
the board the funds that the board is allocating to the program	61456
and allocate the funds directly to a recovery program certified by	61457
the department.	61458

The department shall adopt rules pursuant to Chapter 119. of	61459
the Revised Code to implement this division. The rules shall	61460
specify the notice and hearing procedures to be followed prior to	61461
denial of certification or reallocation of funds.	61462

~~(G)~~(H) The department may withhold from a board all or part	61463
of the state and federal funds allocated for a program certified	61464
under this section in the event of failure of that program to	61465
comply with this chapter, Chapter 340. of the Revised Code, rules	61466
adopted by the department, or other provisions of state or federal	61467
law, including federal regulations.	61468

If the department proposes to withhold funds, it shall	61469
identify the areas of the program's noncompliance and the action	61470
necessary to achieve compliance and shall offer technical	61471
assistance to the board to enable it to assist the program to	61472
achieve compliance. The department shall allow a reasonable time	61473
within which the board or program shall demonstrate that the	61474
program is in compliance or the program shall bring itself into	61475
compliance. Before withholding funds, the department shall hold a	61476
hearing on the question of whether the program is in, or can be	61477
brought into, compliance. If, based on the hearing and other	61478
evidence, the department determines that compliance has not been,	61479
or cannot be, achieved, the department may withhold the funds and	61480
allocate all or part of the withheld funds to a certified program	61481
that is in compliance. That program shall use the funds to provide	61482
the services of the program that is not in compliance, until such	61483
time as it is in compliance.	61484

The department shall establish rules pursuant to Chapter 119.	61485
of the Revised Code to implement this division.	61486

~~(H)~~(I) The department shall maintain a current list of	61487
alcohol and drug addiction programs certified by the department	61488
under division (A) of this section and shall provide a copy of the	61489
current list to a judge of a court of common pleas who requests a	61490
copy for the use of the judge under division (H) of section	61491
2925.03 of the Revised Code. The list of certified alcohol and	61492
drug addiction programs shall identify each certified program by	61493
its name, its address, and the county in which it is located.	61494

Sec. 3793.061. No rule adopted under section 3793.06 of the	61495
Revised Code regarding documentation that alcohol and drug	61496
addiction programs must submit to the department of alcohol and	61497
drug addiction services or a board of alcohol, drug addiction, and	61498
mental health services shall be more stringent than a comparable	61499
documentation submission requirement that applies to alcohol and	61500
drug addiction programs and is established by a federal regulation	61501
promulgated by the United States department of health and human	61502
services.	61503

Sec. 3793.21. (A) As used in this section, "administrative	61504
function" means a function related to one or more of the	61505
following:	61506

(1) Continuous quality improvement;

61507

(2) Utilization review;

61508

(3) Resource development;

61509

(4) Fiscal administration;

61510

(5) General administration;

61511

(6) Any other function related to administration that is	61512
required by Chapter 340. of the Revised Code.	61513

(B) Each board of alcohol, drug addiction, and mental health	61514
services shall submit an annual report to the department of	61515
alcohol and drug addiction services specifying how the board used	61516
~~state and federal~~the funds allocated and distributed to the	61517
board~~, according to the methodology the department specifies~~ under	61518
section 3793.04 of the Revised Code, for administrative functions	61519
in the year preceding the report's submission. The director of	61520
alcohol and drug addiction shall establish the date by which the	61521
report must be submitted each year.	61522

Sec. 3901.3814. Sections 3901.38 and 3901.381 to 3901.3813 of	61523
the Revised Code do not apply to the following:	61524

(A) Policies offering coverage that is regulated under	61525
Chapters 3935. and 3937. of the Revised Code;	61526

(B) An employer's self-insurance plan and any of its	61527
administrators, as defined in section 3959.01 of the Revised Code,	61528
to the extent that federal law supersedes, preempts, prohibits, or	61529
otherwise precludes the application of any provisions of those	61530
sections to the plan and its administrators;	61531

(C) A third-party payer for coverage provided under the	61532
medicare advantage program operated under Title XVIII of the	61533
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as	61534
amended;	61535

(D) A third-party payer for coverage provided under the	61536
medicaid program operated under Title XIX of the "Social Security	61537
Act," except that if a federal waiver applied for under section	61538
5111.178 of the Revised Code is granted or the director of job and	61539
family services determines that this provision can be implemented	61540
without a waiver, sections 3901.38 and 3901.381 to 3901.3813 of	61541
the Revised Code apply to claims submitted electronically or	61542
non-electronically that are made with respect to coverage of	61543
medicaid recipients by health insuring corporations licensed under	61544
Chapter 1751. of the Revised Code, instead of the prompt payment	61545
requirements of 42 C.F.R. 447.46;	61546

(E) A third-party payer for coverage provided under the	61547
tricare program offered by the United States department of	61548
defense.	61549

~~(F) A third-party payer for coverage provided under the~~	61550
~~children's buy-in program established under sections 5101.5211 to~~	61551
~~5101.5216 of the Revised Code.~~	61552

Sec. 3903.01. As used in sections 3903.01 to 3903.59 of the	61553
Revised Code:	61554

(A) "Admitted assets" means investment in assets which will	61555
be admitted by the superintendent of insurance pursuant to the law	61556
of this state.	61557

(B) "Affiliate" has the same meaning as "affiliate of" or	61558
"affiliated with," as defined in section 3901.32 of the Revised	61559
Code.	61560

(C) "Assets" means all property, real and personal, of every	61561
nature and kind whatsoever or any interest therein.	61562

~~(C)~~(D) "Ancillary state" means any state other than a	61563
domiciliary state.	61564

~~(D)~~(E) "Commodity contract" means any of the following:

61565

(1) A contract for the purchase or sale of a commodity for	61566
future delivery on, or subject to the rules of, a board of trade	61567
designated as a contract market by the commodity futures trading	61568
commission under the "Commodity Exchange Act," 7 U.S.C. 1 et seq.,	61569
as amended, or a board of trade outside the United States;	61570

(2) An agreement that is subject to regulation under section	61571
19 of the "Commodity Exchange Act," 7 U.S.C. 23, as amended, and	61572
that is commonly known to the commodities trade as a margin	61573
account, margin contract, leverage account, or leverage contract;	61574

(3) An agreement or transaction that is subject to regulation	61575
under section 4c(b) of the "Commodity Exchange Act," 7 U.S.C.	61576
6c(b), as amended, and that is commonly known to the commodities	61577
trade as a commodity option;	61578

(4) Any combination of agreements or transactions described	61579
in division (E) of this section;	61580

(5) Any option to enter into an agreement or transaction	61581
described in division (E) of this section.	61582

(F) "Creditor" means a person having any claim, whether	61583
matured or unmatured, liquidated or unliquidated, secured or	61584
unsecured, absolute, fixed, or contingent.	61585

~~(E)~~(G) "Delinquency proceeding" means any proceeding	61586
commenced against an insurer for the purpose of liquidating,	61587
rehabilitating, reorganizing, or conserving the insurer, and any	61588
summary proceeding under section 3903.09 or 3903.10 of the Revised	61589
Code. "Formal delinquency proceeding" means any liquidation or	61590
rehabilitation proceeding.	61591

~~(F)~~(H) "Doing business" includes any of the following acts,	61592
whether effected by mail or otherwise:	61593

(1) The issuance or delivery of contracts of insurance to	61594
persons resident in this state;	61595

(2) The solicitation of applications for such contracts, or	61596
other negotiations preliminary to the execution of such contracts;	61597

(3) The collection of premiums, membership fees, assessments,	61598
or other consideration for such contracts;	61599

(4) The transaction of matters subsequent to execution of	61600
such contracts and arising out of them;	61601

(5) Operating under a license or certificate of authority, as	61602
an insurer, issued by the department of insurance.	61603

~~(G)~~(I) "Domiciliary state" means the state in which an	61604
insurer is incorporated or organized, or, in the case of an alien	61605
insurer, its state of entry.	61606

~~(H)~~(J) "Fair consideration" is given for property or	61607
obligation when either of the following apply:	61608

(1) When in exchange for such property or obligation, as a	61609
fair equivalent therefor, and in good faith, property is conveyed,	61610
services are rendered, an obligation is incurred, or an antecedent	61611
debt is satisfied;	61612

(2) When such property or obligation is received in good	61613
faith to secure a present advance or antecedent debt in an amount	61614
not disproportionately small as compared to the value of the	61615
property or obligation obtained.	61616

~~(I)~~(K) "Foreign country" means any other jurisdiction not in	61617
any state.	61618

~~(J)~~(L) "Forward contract" has the same meaning as in the	61619
federal "Deposit Insurance Act," 64 Stat. 884, 12 U.S.C.	61620
1821(e)(8)(D), as now and hereafter amended.	61621

(M) "Guaranty association" means the Ohio insurance guaranty	61622
association created by section 3955.06 of the Revised Code and any	61623
other similar entity hereafter created by the general assembly for	61624
the payment of claims of insolvent insurers. "Foreign guaranty	61625
association" means any similar entities now in existence in or	61626
hereafter created by the legislature of any other state.	61627

~~(K)~~(N) "Insolvency" or "insolvent" means:

61628

(1) For an insurer issuing only assessable fire insurance	61629
policies either of the following:	61630

(a) The inability to pay any obligation within thirty days	61631
after it becomes payable;	61632

(b) If an assessment is made within thirty days after such	61633
date, the inability to pay the obligation thirty days following	61634
the date specified in the first assessment notice issued after the	61635
date of loss.	61636

(2) For any other insurer, that it is unable to pay its	61637
obligations when they are due, or when its admitted assets do not	61638
exceed its liabilities plus the greater of either of the	61639
following:	61640

(a) Any capital and surplus required by law for its	61641
organization;	61642

(b) The total par or stated value of its authorized and	61643
issued capital stock.	61644

(3) As to any insurer licensed to do business in this state	61645
as of the effective date of sections 3903.01 to 3903.59 of the	61646
Revised Code that does not meet the standard established under	61647
division ~~(K)~~(N)(2) of this section, the term "insolvency" or	61648
"insolvent" means, for a period not to exceed three years from the	61649
effective date of sections 3903.01 to 3903.59 of the Revised Code,	61650
that it is unable to pay its obligations when they are due or that	61651
its admitted assets do not exceed its liabilities plus any	61652
required capital contribution ordered by the superintendent under	61653
provisions of Title XXXIX of the Revised Code.	61654

(4) For purposes of divisions ~~(K)~~(N)(2) to (4) of this	61655
section, "liabilities" includes, but is not limited to, reserves	61656
required by statute or by rules of the superintendent or specific	61657
requirements imposed by the superintendent upon a subject company	61658
at the time of admission or subsequent thereto.	61659

~~(L)~~(O) "Insurer" means any person who has done, purports to	61660
do, is doing, or is licensed to do an insurance business, and is	61661
or has been subject to the authority of, or to liquidation,	61662
rehabilitation, reorganization, supervision, or conservation by,	61663
any insurance commissioner, superintendent, or equivalent	61664
official. For purposes of sections 3903.01 to 3903.59 of the	61665
Revised Code, any other persons included under section 3903.03 of	61666
the Revised Code are deemed to be insurers.	61667

~~(M)~~(P) "Netting agreement" means:

61668

(1) A contract or agreement, including a master agreement,	61669
and any terms and conditions incorporated by reference in such a	61670
contract or agreement, that provides for the netting, liquidation,	61671
setoff, termination, acceleration, or close out under or in	61672
connection with a qualified financial contract, or any present or	61673
future payment or delivery obligations or entitlements under a	61674
qualified financial contract, including liquidation or close-out	61675
values relating to those obligations or entitlements;	61676

(2) A master agreement, together with all schedules,	61677
confirmations, definitions, and addenda to the agreement and	61678
transactions under the agreement, which shall be treated as one	61679
netting agreement, and any bridge agreement for one or more master	61680
agreements;	61681

(3) Any security agreement or arrangement, credit support	61682
document, or guarantee or reimbursement obligation related to any	61683
contract or agreement described in division (P) of this section.	61684

Any contract or agreement described in division (P) of this	61685
section relating to agreements or transactions that are not	61686
qualified financial contracts shall be deemed to be a netting	61687
agreement only with respect to those agreements or transactions	61688
that are qualified financial contracts.	61689

(Q) "Preferred claim" means any claim with respect to which	61690
the terms of sections 3903.01 to 3903.59 of the Revised Code	61691
accord priority of payment from the assets of the insurer.	61692

~~(N)~~(R) "Qualified financial contract" means any commodity	61693
contract, forward contract, repurchase agreement, securities	61694
contract, swap agreement, and any similar agreement that the	61695
superintendent may determine by rule or order to be a qualified	61696
financial contract for purposes of this chapter.	61697

(S) "Reciprocal state" means any state other than this state	61698
in which in substance and effect division (A) of section 3903.18,	61699
and sections 3903.52, 3903.53, and 3903.55 to 3903.57 of the	61700
Revised Code are in force, in which provisions are in force	61701
requiring that the superintendent or equivalent official be the	61702
receiver, liquidator, rehabilitator, or conservator of a	61703
delinquent insurer, and in which some provision exists for the	61704
avoidance of fraudulent conveyances and preferential transfers.	61705

~~(O)~~(T) "Repurchase agreement" has the same meaning as in the	61706
federal "Deposit Insurance Act," 64 Stat. 884, 12 U.S.C.	61707
1821(e)(8)(D), as now and hereafter amended.	61708

(U) "Secured claim" means any claim secured by mortgage,	61709
trust deed, security agreement, pledge, deposit as security,	61710
escrow, or otherwise, but not including special deposit claims or	61711
claims against assets. The term also includes claims which have	61712
become liens upon specific assets by reason of judicial process.	61713

~~(P)~~(V) "Securities contract" has the same meaning as in the	61714
federal "Deposit Insurance Act," 64 Stat. 884, 12 U.S.C.	61715
1821(e)(8)(D), as now and hereafter amended.	61716

(W) "Special deposit claim" means any claim secured by a	61717
deposit made pursuant to statute for the security or benefit of a	61718
limited class or classes of persons, but not including any claim	61719
secured by assets.	61720

~~(Q)~~(X) "State" has the meaning set forth in division (G) of	61721
section 1.59 of the Revised Code.	61722

~~(R)~~(Y) "Superintendent" or "superintendent of insurance"	61723
means the superintendent of insurance of this state, or, when the	61724
context requires, the superintendent or commissioner of insurance,	61725
or equivalent official, of another state.	61726

~~(S)~~(Z) "Swap agreement" has the same meaning as in the	61727
federal "Deposit Insurance Act," 64 Stat. 884, 12 U.S.C.	61728
1821(e)(8)(D), as now and hereafter amended.	61729

(AA) "Transfer" includes the sale and every other and	61730
different mode, direct or indirect, of disposing of or of parting	61731
with property or with an interest in property, or with the	61732
possession of property or of fixing a lien upon property or upon	61733
an interest in property, absolutely or conditionally, voluntarily,	61734
or by or without judicial proceedings. The retention of a security	61735
title to property delivered to a debtor shall be deemed a transfer	61736
suffered by the debtor.	61737

Sec. 3903.301. (A) Notwithstanding any other provision under	61738
sections 3903.01 to 3903.59 of the Revised Code, no person shall	61739
be stayed or prohibited from exercising any of the following	61740
rights:	61741

(1) A contractual right to cause the termination,	61742
liquidation, acceleration, or close out of obligations under, or	61743
in connection with, a netting agreement or qualified financial	61744
contract with an insurer because of either of the following:	61745

(a) The insolvency, financial condition, or default of the	61746
insurer at any time;	61747

(b) The commencement of a formal delinquency proceeding under	61748
sections 3903.01 to 3903.59 of the Revised Code.	61749

(2) Any right under a pledge, security, collateral,	61750
reimbursement, or guarantee agreement or arrangement or any	61751
similar security arrangement or credit enhancement relating to a	61752
netting agreement or qualified financial contract;	61753

(3) Subject to section 3903.30 of the Revised Code, any right	61754
to set off or net out any termination value, payment amount, or	61755
other transfer obligation arising under or in connection with a	61756
qualified financial contract in which the counterparty or its	61757
guarantor is organized under the laws of the United States, a	61758
state, or a foreign jurisdiction that the securities valuation	61759
office of the national association of insurance commissioners	61760
approves as eligible for netting.	61761

(B) If a counterparty to a netting agreement or qualified	61762
financial contract with an insurer that is subject to a proceeding	61763
under sections 3903.01 to 3903.59 of the Revised Code terminates,	61764
liquidates, accelerates, or closes out the agreement or contract,	61765
damages shall be measured as of the date or dates of the	61766
termination, liquidation, acceleration, or close out. The amount	61767
of a claim for damages shall be actual direct compensatory	61768
damages.	61769

(C) Upon termination of a netting agreement or qualified	61770
financial contract, any net or settlement amount that a	61771
nondefaulting party owes to an insurer against which an	61772
application or petition has been filed under sections 3903.01 to	61773
3903.59 of the Revised Code shall be transferred to, or on the	61774
order of, the receiver for the insurer.	61775

This division applies regardless of whether the insurer is	61776
the defaulting party and applies notwithstanding any walkaway	61777
clause in the netting agreement or qualified financial contract.	61778

For purposes of this division, a limited two-way payment or	61779
first method provision in a netting agreement or qualified	61780
financial contract with a defaulting insurer shall be deemed to be	61781
a full two-way payment or second method provision as against the	61782
defaulting insurer.	61783

Any property or amount transferred under this division shall	61784
be a general asset of the insurer except to the extent it is	61785
subject to a secondary lien or encumbrance, or to rights of	61786
netting or setoff.	61787

(D) In transferring a netting agreement or qualified	61788
financial contract of an insurer that is subject to a proceeding	61789
under sections 3903.01 to 3903.59 of the Revised Code, the	61790
receiver shall do either of the following:	61791

(1) Transfer to one party, other than an insurer subject to a	61792
proceeding under sections 3903.01 to 3903.59 of the Revised Code,	61793
all netting agreements and qualified financial contracts between a	61794
counterparty, or any affiliate of the counterparty, and the	61795
insurer that is the subject of the proceeding. The transfer shall	61796
include all rights and obligations of each party under each	61797
netting agreement and qualified financial contract, and all	61798
property, including any guarantees or other credit enhancement,	61799
securing any claims of the parties under each agreement or	61800
contract.	61801

(2) Transfer none of the netting agreements or qualified	61802
financial contracts, including the rights, obligations, and	61803
property associated with those agreements and contracts as	61804
described in division (D)(1) of this section, with respect to the	61805
counterparty and any affiliate of the counterparty.	61806

(E) If a receiver transfers a netting agreement or qualified	61807
financial contract, the receiver shall use its best efforts to	61808
notify any person who is a party to the transferred agreement or	61809
contract of the transfer by noon, of the receiver's local time, on	61810
the business day following the transfer.	61811

(F)(1) Notwithstanding any other provision of sections	61812
3903.01 to 3903.59 of the Revised Code and except as otherwise	61813
provided in division (F)(2) of this section, a receiver shall not	61814
avoid a transfer of money or other property that is made before	61815
the commencement of a formal delinquency proceeding under sections	61816
3903.01 to 3903.59 of the Revised Code and that arises under or in	61817
connection with either of the following:	61818

(a) A netting agreement or qualified financial contract;

61819

(b) Any pledge, security, collateral, or guarantee agreement	61820
or other similar security arrangement or credit support document	61821
relating to a netting agreement or qualified financial contract.	61822

(2) A receiver may avoid a transfer under sections 3903.26 to	61823
3903.28 of the Revised Code if the transfer was made with actual	61824
intent to hinder, delay, or defraud the insurer, a receiver	61825
appointed for the insurer, or existing or future creditors.	61826

(G)(1) In exercising any right of disaffirmance or	61827
repudiation with respect to a netting agreement or qualified	61828
financial contract to which an insurer is a party, the receiver	61829
for the insurer shall do either of the following:	61830

(a) Disaffirm or repudiate all netting agreements and	61831
qualified financial contracts between the insurer and a	61832
counterparty or any affiliate of the counterparty;	61833

(b) Disaffirm or repudiate none of those netting agreements	61834
or qualified financial contracts with respect to the counterparty	61835
or any affiliate of the counterparty.	61836

(2) Notwithstanding any other provision of sections 3903.01	61837
to 3903.59 of the Revised Code, if a counterparty's claim against	61838
the estate of the insurer arising from the receiver's	61839
disaffirmance or repudiation of a netting agreement or qualified	61840
financial contract has not been previously affirmed in the	61841
liquidation or immediately preceding conservation or	61842
rehabilitation case, that claim shall be considered as if it had	61843
arisen before the filing date of the petition for liquidation. If	61844
a conservation or rehabilitation proceeding is converted to a	61845
liquidation proceeding, that claim shall be considered as if it	61846
had arisen before the filing date of the petition for conservation	61847
or rehabilitation. The amount of the claim shall be the actual	61848
direct compensatory damages determined as of the date of the	61849
disaffirmance or repudiation.	61850

(H) All rights of a counterparty under sections 3903.01 to	61851
3903.59 of the Revised Code shall apply to netting agreements and	61852
qualified financial contracts entered into on behalf of the	61853
general account or separate accounts if the assets of each	61854
separate account are available only to counterparties to netting	61855
agreements and qualified financial contracts entered into on	61856
behalf of that separate account.	61857

(I) This section shall not apply to the affiliates of an	61858
insurer that is the subject of a formal delinquency proceeding	61859
under sections 3903.01 to 3903.59 of the Revised Code.	61860

(J) As used in this section:

61861

(1) "Actual direct compensatory damages" includes normal and	61862
reasonable costs of cover or other reasonable measures of damages	61863
utilized in the derivatives, securities, or other market for the	61864
contract and agreement claims. "Actual direct compensatory	61865
damages" does not include punitive or exemplary damages, damages	61866
for lost profit or lost opportunity, or damages for pain and	61867
suffering.	61868

(2) "Business day" means any day, excluding Saturday, Sunday,	61869
and any day on which the New York stock exchange or the federal	61870
reserve bank of New York is closed.	61871

(3) "Contractual right" includes any of the following:

61872

(a) Any right set forth in a rule or bylaw of a derivatives	61873
clearing organization, as defined in the "Commodity Exchange Act,"	61874
7 U.S.C. 1a(9)(A), as amended; a multilateral clearing	61875
organization; a national securities exchange; a national	61876
securities association; a securities clearing agency; a contract	61877
market designated under the "Commodity Exchange Act," 7 U.S.C. 1	61878
et seq., as amended; a derivatives transaction execution facility,	61879
including a swap execution facility, registered under the	61880
"Commodity Exchange Act," 7 U.S.C. 1 et seq., as amended; a	61881
security-based swap execution facility registered under the	61882
"Securities Exchange Act of 1934," 15 U.S.C. 78a et seq., as	61883
amended; or a board of trade, as defined in the "Commodity	61884
Exchange Act," 7 U.S.C. 1a(2);	61885

(b) Any right set forth in a resolution of the governing	61886
board of any entity listed in division (J)(3)(a) of this section;	61887

(c) Any right, regardless of whether evidenced in writing,	61888
arising under statutory law, common law, or law merchant, or by	61889
reason of normal business practice.	61890

(4) "Receiver" means a receiver, conservator, rehabilitator,	61891
or liquidator, as applicable.	61892

(5) "Walkaway clause" means a provision under which a party	61893
to a netting agreement or qualified financial contract that, after	61894
calculation of a value of a party's position or an amount due to	61895
or from one of the parties in accordance with its terms upon	61896
termination, liquidation, or acceleration of the netting agreement	61897
or qualified financial contract is not obligated to pay or does	61898
not have a payment obligation extinguished under the agreement or	61899
contract, in whole or in part, solely because the party is a	61900
nondefaulting party.	61901

Sec. 3923.28. (A) Every policy of group sickness and	61902
accident insurance providing hospital, surgical, or medical	61903
expense coverage for other than specific diseases or accidents	61904
only, and delivered, issued for delivery, or renewed in this state	61905
on or after January 1, 1979, and that provides coverage for mental	61906
or emotional disorders, shall provide benefits for services on an	61907
outpatient basis for each eligible person under the policy who	61908
resides in this state for mental or emotional disorders, or for	61909
evaluations, that are at least equal to five hundred fifty dollars	61910
in any calendar year or twelve-month period. The services shall be	61911
legally performed by or under the clinical supervision of a	61912
physician authorized under Chapter 4731. of the Revised Code to	61913
practice medicine and surgery or osteopathic medicine and surgery;	61914
a psychologist licensed under Chapter 4732. of the Revised Code; a	61915
professional clinical counselor, professional counselor, or	61916
independent social worker licensed under Chapter 4757. of the	61917
Revised Code; or a clinical nurse specialist licensed under	61918
Chapter 4723. of the Revised Code whose nursing specialty is	61919
mental health, whether performed in an office, in a hospital, or	61920
in a community mental health facility so long as the hospital or	61921
community mental health facility is approved by the joint	61922
commission on accreditation of healthcare organizations, the	61923
council on accreditation for children and family services, or the	61924
rehabilitation accreditation commission~~, or, until two years after~~	61925
~~June 6, 2001, certified by the department of mental health as~~	61926
~~being in compliance with standards established under division (H)~~	61927
~~of section 5119.01 of the Revised Code~~.	61928

(B) Outpatient benefits offered under division (A) of this	61929
section shall be subject to reasonable contract limitations and	61930
may be subject to reasonable deductibles and co-insurance costs.	61931
Persons entitled to such benefit under more than one service or	61932
insurance contract may be limited to a single	61933
five-hundred-fifty-dollar outpatient benefit for services under	61934
all contracts.	61935

(C) In order to qualify for participation under division (A)	61936
of this section, every facility specified in such division shall	61937
have in effect a plan for utilization review and a plan for peer	61938
review and every person specified in such division shall have in	61939
effect a plan for peer review. Such plans shall have the purpose	61940
of ensuring high quality patient care and effective and efficient	61941
utilization of available health facilities and services.	61942

(D) Nothing in this section shall be construed to require an	61943
insurer to pay benefits which are greater than usual, customary,	61944
and reasonable.	61945

(E)(1) Services performed under the clinical supervision of a	61946
health care professional identified in division (A) of this	61947
section, in order to be reimbursable under the coverage required	61948
in division (A) of this section, shall meet both of the following	61949
requirements:	61950

(a) The services shall be performed in accordance with a	61951
treatment plan that describes the expected duration, frequency,	61952
and type of services to be performed;	61953

(b) The plan shall be reviewed and approved by the health	61954
care professional every three months.	61955

(2) Payment of benefits for services reimbursable under	61956
division (E)(1) of this section shall not be restricted to	61957
services described in the treatment plan or conditioned upon	61958
standards of clinical supervision that are more restrictive than	61959
standards of a health care professional described in division (A)	61960
of this section, which at least equal the requirements of division	61961
(E)(1) of this section.	61962

(F) The benefits provided by this section for mental and	61963
emotional disorders shall not be reduced by the cost of benefits	61964
provided pursuant to section 3923.281 of the Revised Code for	61965
diagnostic and treatment services for biologically based mental	61966
illnesses. This section does not apply to benefits for diagnostic	61967
and treatment services for biologically based mental illnesses.	61968

Sec. 3923.281. (A) As used in this section:

61969

(1) "Biologically based mental illness" means schizophrenia,	61970
schizoaffective disorder, major depressive disorder, bipolar	61971
disorder, paranoia and other psychotic disorders,	61972
obsessive-compulsive disorder, and panic disorder, as these terms	61973
are defined in the most recent edition of the diagnostic and	61974
statistical manual of mental disorders published by the American	61975
psychiatric association.	61976

(2) "Policy of sickness and accident insurance" has the same	61977
meaning as in section 3923.01 of the Revised Code, but excludes	61978
any hospital indemnity, medicare supplement, long-term care,	61979
disability income, one-time-limited-duration policy of not longer	61980
than six months, supplemental benefit, or other policy that	61981
provides coverage for specific diseases or accidents only; any	61982
policy that provides coverage for workers' compensation claims	61983
compensable pursuant to Chapters 4121. and 4123. of the Revised	61984
Code; and any policy that provides coverage to beneficiaries	61985
enrolled in Title XIX of the "Social Security Act," 49 Stat. 620	61986
(1935), 42 U.S.C.A. 301, as amended, known as the medical	61987
assistance program or medicaid, as provided by the Ohio department	61988
of job and family services under Chapter 5111. of the Revised	61989
Code~~; and any policy that provides coverage to beneficiaries~~	61990
~~enrolled in the children's buy-in program established under~~	61991
~~sections 5101.5211 to 5101.5216 of the Revised Code~~.	61992

(B) Notwithstanding section 3901.71 of the Revised Code, and	61993
subject to division (E) of this section, every policy of sickness	61994
and accident insurance shall provide benefits for the diagnosis	61995
and treatment of biologically based mental illnesses on the same	61996
terms and conditions as, and shall provide benefits no less	61997
extensive than, those provided under the policy of sickness and	61998
accident insurance for the treatment and diagnosis of all other	61999
physical diseases and disorders, if both of the following apply:	62000

(1) The biologically based mental illness is clinically	62001
diagnosed by a physician authorized under Chapter 4731. of the	62002
Revised Code to practice medicine and surgery or osteopathic	62003
medicine and surgery; a psychologist licensed under Chapter 4732.	62004
of the Revised Code; a professional clinical counselor,	62005
professional counselor, or independent social worker licensed	62006
under Chapter 4757. of the Revised Code; or a clinical nurse	62007
specialist licensed under Chapter 4723. of the Revised Code whose	62008
nursing specialty is mental health.	62009

(2) The prescribed treatment is not experimental or	62010
investigational, having proven its clinical effectiveness in	62011
accordance with generally accepted medical standards.	62012

(C) Division (B) of this section applies to all coverages and	62013
terms and conditions of the policy of sickness and accident	62014
insurance, including, but not limited to, coverage of inpatient	62015
hospital services, outpatient services, and medication; maximum	62016
lifetime benefits; copayments; and individual and family	62017
deductibles.	62018

(D) Nothing in this section shall be construed as prohibiting	62019
a sickness and accident insurance company from taking any of the	62020
following actions:	62021

(1) Negotiating separately with mental health care providers	62022
with regard to reimbursement rates and the delivery of health care	62023
services;	62024

(2) Offering policies that provide benefits solely for the	62025
diagnosis and treatment of biologically based mental illnesses;	62026

(3) Managing the provision of benefits for the diagnosis or	62027
treatment of biologically based mental illnesses through the use	62028
of pre-admission screening, by requiring beneficiaries to obtain	62029
authorization prior to treatment, or through the use of any other	62030
mechanism designed to limit coverage to that treatment determined	62031
to be necessary;	62032

(4) Enforcing the terms and conditions of a policy of	62033
sickness and accident insurance.	62034

(E) An insurer that offers any policy of sickness and	62035
accident insurance is not required to provide benefits for the	62036
diagnosis and treatment of biologically based mental illnesses	62037
pursuant to division (B) of this section if all of the following	62038
apply:	62039

(1) The insurer submits documentation certified by an	62040
independent member of the American academy of actuaries to the	62041
superintendent of insurance showing that incurred claims for	62042
diagnostic and treatment services for biologically based mental	62043
illnesses for a period of at least six months independently caused	62044
the insurer's costs for claims and administrative expenses for the	62045
coverage of all other physical diseases and disorders to increase	62046
by more than one per cent per year.	62047

(2) The insurer submits a signed letter from an independent	62048
member of the American academy of actuaries to the superintendent	62049
of insurance opining that the increase described in division	62050
(E)(1) of this section could reasonably justify an increase of	62051
more than one per cent in the annual premiums or rates charged by	62052
the insurer for the coverage of all other physical diseases and	62053
disorders.	62054

(3) The superintendent of insurance makes the following	62055
determinations from the documentation and opinion submitted	62056
pursuant to divisions (E)(1) and (2) of this section:	62057

(a) Incurred claims for diagnostic and treatment services for	62058
biologically based mental illnesses for a period of at least six	62059
months independently caused the insurer's costs for claims and	62060
administrative expenses for the coverage of all other physical	62061
diseases and disorders to increase by more than one per cent per	62062
year.	62063

(b) The increase in costs reasonably justifies an increase of	62064
more than one per cent in the annual premiums or rates charged by	62065
the insurer for the coverage of all other physical diseases and	62066
disorders.	62067

Any determination made by the superintendent under this	62068
division is subject to Chapter 119. of the Revised Code.	62069

Sec. 3923.30. Every person, the state and any of its	62070
instrumentalities, any county, township, school district, or other	62071
political subdivisions and any of its instrumentalities, and any	62072
municipal corporation and any of its instrumentalities, which	62073
provides payment for health care benefits for any of its employees	62074
resident in this state, which benefits are not provided by	62075
contract with an insurer qualified to provide sickness and	62076
accident insurance, or a health insuring corporation, shall	62077
include the following benefits in its plan of health care benefits	62078
commencing on or after January 1, 1979:	62079

(A) If such plan of health care benefits provides payment for	62080
the treatment of mental or nervous disorders, then such plan shall	62081
provide benefits for services on an outpatient basis for each	62082
eligible employee and dependent for mental or emotional disorders,	62083
or for evaluations, that are at least equal to the following:	62084

(1) Payments not less than five hundred fifty dollars in a	62085
twelve-month period, for services legally performed by or under	62086
the clinical supervision of a physician authorized under Chapter	62087
4731. of the Revised Code to practice medicine and surgery or	62088
osteopathic medicine and surgery; a psychologist licensed under	62089
Chapter 4732. of the Revised Code; a professional clinical	62090
counselor, professional counselor, or independent social worker	62091
licensed under Chapter 4757. of the Revised Code; or a clinical	62092
nurse specialist licensed under Chapter 4723. of the Revised Code	62093
whose nursing specialty is mental health, whether performed in an	62094
office, in a hospital, or in a community mental health facility so	62095
long as the hospital or community mental health facility is	62096
approved by the joint commission on accreditation of healthcare	62097
organizations, the council on accreditation for children and	62098
family services, or the rehabilitation accreditation commission,	62099
~~or, until two years after June 6, 2001, certified by the~~	62100
~~department of mental health as being in compliance with standards~~	62101
~~established under division (H) of section 5119.01 of the Revised~~	62102
~~Code~~;	62103

(2) Such benefit shall be subject to reasonable limitations,	62104
and may be subject to reasonable deductibles and co-insurance	62105
costs.	62106

(3) In order to qualify for participation under this	62107
division, every facility specified in this division shall have in	62108
effect a plan for utilization review and a plan for peer review	62109
and every person specified in this division shall have in effect a	62110
plan for peer review. Such plans shall have the purpose of	62111
ensuring high quality patient care and effective and efficient	62112
utilization of available health facilities and services.	62113

(4) Such payment for benefits shall not be greater than	62114
usual, customary, and reasonable.	62115

(5)(a) Services performed by or under the clinical	62116
supervision of a health care professional identified in division	62117
(A)(1) of this section, in order to be reimbursable under the	62118
coverage required in division (A) of this section, shall meet both	62119
of the following requirements:	62120

(i) The services shall be performed in accordance with a	62121
treatment plan that describes the expected duration, frequency,	62122
and type of services to be performed;	62123

(ii) The plan shall be reviewed and approved by the health	62124
care professional every three months.	62125

(b) Payment of benefits for services reimbursable under	62126
division (A)(5)(a) of the section shall not be restricted to	62127
services described in the treatment plan or conditioned upon	62128
standards of a licensed physician or licensed psychologist, which	62129
at least equal the requirements of division (A)(5)(a) of this	62130
section.	62131

(B) Payment for benefits for alcoholism treatment for	62132
outpatient, inpatient, and intermediate primary care for each	62133
eligible employee and dependent that are at least equal to the	62134
following:	62135

(1) Payments not less than five hundred fifty dollars in a	62136
twelve-month period for services legally performed by or under the	62137
clinical supervision of a health care professional identified in	62138
division (A)(1) of this section, whether performed in an office,	62139
or in a hospital or a community mental health facility or	62140
alcoholism treatment facility so long as the hospital, community	62141
mental health facility, or alcoholism treatment facility is	62142
approved by the joint commission on accreditation of hospitals or	62143
certified by the department of health;	62144

(2) The benefits provided under this division shall be	62145
subject to reasonable limitations and may be subject to reasonable	62146
deductibles and co-insurance costs.	62147

(3) A health care professional shall every three months	62148
certify a patient's need for continued services performed by such	62149
facilities.	62150

(4) In order to qualify for participation under this	62151
division, every facility specified in this division shall have in	62152
effect a plan for utilization review and a plan for peer review	62153
and every person specified in this division shall have in effect a	62154
plan for peer review. Such plans shall have the purpose of	62155
ensuring high quality patient care and efficient utilization of	62156
available health facilities and services. Such person or	62157
facilities shall also have in effect a program of rehabilitation	62158
or a program of rehabilitation and detoxification.	62159

(5) Nothing in this section shall be construed to require	62160
reimbursement for benefits which is greater than usual, customary,	62161
and reasonable.	62162

(C) The benefits provided by division (A) of this section for	62163
mental and emotional disorders shall not be reduced by the cost of	62164
benefits provided pursuant to section 3923.282 of the Revised Code	62165
for diagnostic and treatment services for biologically based	62166
mental illness. This section does not apply to benefits for	62167
diagnostic and treatment services for biologically based mental	62168
illnesses.	62169

Sec. 3924.10. (A) The board of directors of the Ohio health	62170
reinsurance program may make recommendations to the superintendent	62171
of insurance, and the superintendent may adopt or amend by rule	62172
adopted in accordance with Chapter 119. of the Revised Code, the	62173
OHC basic, standard, and carrier reimbursement plans which, when	62174
offered by a carrier, are eligible for reinsurance under the	62175
program. The superintendent shall establish the form and level of	62176
coverage to be made available by carriers in their OHC plans. The	62177
plans shall include benefit levels, deductibles, coinsurance	62178
factors, exclusions, and limitations for the plans. The forms and	62179
levels of coverage shall specify which components of health	62180
benefit plans offered by a carrier may be reinsured. The OHC plans	62181
are subject to division (C) of section 3924.02 of the Revised Code	62182
and to the provisions in Chapters 1751., 1753., 3923., and any	62183
other chapter of the Revised Code that require coverage or the	62184
offer of coverage of a health care service or benefit.	62185

(B) Prior to adopting any rule that makes changes to the OHC	62186
basic or standard plan, the superintendent shall conduct an	62187
actuarial analysis of the cost impact of the proposed rule. ~~The~~	62188
~~superintendent may consider recommendations of the Ohio health~~	62189
~~care coverage and quality council established under section~~	62190
~~3923.90 of the Revised Code.~~ The plans may include cost	62191
containment features including any of the following:	62192

(1) Utilization review of health care services, including	62193
review of the medical necessity of hospital and physician	62194
services;	62195

(2) Case management benefit alternatives;

62196

(3) Selective contracting with hospitals, physicians, and	62197
other health care providers;	62198

(4) Reasonable benefit differentials applicable to	62199
participating and nonparticipating providers;	62200

(5) Employee assistance program options that provide	62201
preventive and early intervention mental health and substance	62202
abuse services;	62203

(6) Other provisions for the cost-effective management of the	62204
plans.	62205

(C) OHC plans established for use by health insuring	62206
corporations shall be consistent with the basic method of	62207
operation of such corporations.	62208

(D) Each carrier shall certify to the superintendent of	62209
insurance, in the form and manner prescribed by the	62210
superintendent, that the OHC plans filed by the carrier are in	62211
substantial compliance with the provisions of the OHC plans	62212
designed or adopted under this section. Upon receipt by the	62213
superintendent of the certification, the carrier may use the	62214
certified plans.	62215

(E) Each carrier shall, on and after sixty days after the	62216
date that the program becomes operational and as a condition of	62217
transacting business in this state, renew coverage provided to any	62218
individual or group under its OHC plans.	62219

(F) The OHC plans in effect as of June 1, 2009, shall remain	62220
in effect until those plans are amended or new plans are adopted	62221
in accordance with this section.	62222

Sec. 3963.01. As used in this chapter:

62223

(A) "Affiliate" means any person or entity that has ownership	62224
or control of a contracting entity, is owned or controlled by a	62225
contracting entity, or is under common ownership or control with a	62226
contracting entity.	62227

(B) "Basic health care services" has the same meaning as in	62228
division (A) of section 1751.01 of the Revised Code, except that	62229
it does not include any services listed in that division that are	62230
provided by a pharmacist or nursing home.	62231

(C) "Contracting entity" means any person that has a primary	62232
business purpose of contracting with participating providers for	62233
the delivery of health care services.	62234

(D) "Credentialing" means the process of assessing and	62235
validating the qualifications of a provider applying to be	62236
approved by a contracting entity to provide basic health care	62237
services, specialty health care services, or supplemental health	62238
care services to enrollees.	62239

(E) "Edit" means adjusting one or more procedure codes billed	62240
by a participating provider on a claim for payment or a practice	62241
that results in any of the following:	62242

(1) Payment for some, but not all of the procedure codes	62243
originally billed by a participating provider;	62244

(2) Payment for a different procedure code than the procedure	62245
code originally billed by a participating provider;	62246

(3) A reduced payment as a result of services provided to an	62247
enrollee that are claimed under more than one procedure code on	62248
the same service date.	62249

(F) "Electronic claims transport" means to accept and	62250
digitize claims or to accept claims already digitized, to place	62251
those claims into a format that complies with the electronic	62252
transaction standards issued by the United States department of	62253
health and human services pursuant to the "Health Insurance	62254
Portability and Accountability Act of 1996," 110 Stat. 1955, 42	62255
U.S.C. 1320d, et seq., as those electronic standards are	62256
applicable to the parties and as those electronic standards are	62257
updated from time to time, and to electronically transmit those	62258
claims to the appropriate contracting entity, payer, or	62259
third-party administrator.	62260

(G) "Enrollee" means any person eligible for health care	62261
benefits under a health benefit plan, including an eligible	62262
recipient of medicaid under Chapter 5111. of the Revised Code, and	62263
includes all of the following terms:	62264

(1) "Enrollee" and "subscriber" as defined by section 1751.01	62265
of the Revised Code;	62266

(2) "Member" as defined by section 1739.01 of the Revised	62267
Code;	62268

(3) "Insured" and "plan member" pursuant to Chapter 3923. of	62269
the Revised Code;	62270

(4) "Beneficiary" as defined by section 3901.38 of the	62271
Revised Code.	62272

(H) "Health care contract" means a contract entered into,	62273
materially amended, or renewed between a contracting entity and a	62274
participating provider for the delivery of basic health care	62275
services, specialty health care services, or supplemental health	62276
care services to enrollees.	62277

(I) "Health care services" means basic health care services,	62278
specialty health care services, and supplemental health care	62279
services.	62280

(J) "Material amendment" means an amendment to a health care	62281
contract that decreases the participating provider's payment or	62282
compensation, changes the administrative procedures in a way that	62283
may reasonably be expected to significantly increase the	62284
provider's administrative expenses, or adds a new product. A	62285
material amendment does not include any of the following:	62286

(1) A decrease in payment or compensation resulting solely	62287
from a change in a published fee schedule upon which the payment	62288
or compensation is based and the date of applicability is clearly	62289
identified in the contract;	62290

(2) A decrease in payment or compensation that was	62291
anticipated under the terms of the contract, if the amount and	62292
date of applicability of the decrease is clearly identified in the	62293
contract;	62294

(3) An administrative change that may significantly increase	62295
the provider's administrative expense, the specific applicability	62296
of which is clearly identified in the contract;	62297

(4) Changes to an existing prior authorization,	62298
precertification, notification, or referral program that do not	62299
substantially increase the provider's administrative expense;	62300

(5) Changes to an edit program or to specific edits if the	62301
participating provider is provided notice of the changes pursuant	62302
to division (A)(1) of section 3963.04 of the Revised Code and the	62303
notice includes information sufficient for the provider to	62304
determine the effect of the change;	62305

(6) Changes to a health care contract described in division	62306
(B) of section 3963.04 of the Revised Code.	62307

(K) "Participating provider" means a provider that has a	62308
health care contract with a contracting entity and is entitled to	62309
reimbursement for health care services rendered to an enrollee	62310
under the health care contract.	62311

(L) "Payer" means any person that assumes the financial risk	62312
for the payment of claims under a health care contract or the	62313
reimbursement for health care services provided to enrollees by	62314
participating providers pursuant to a health care contract.	62315

(M) "Primary enrollee" means a person who is responsible for	62316
making payments for participation in a health care plan or an	62317
enrollee whose employment or other status is the basis of	62318
eligibility for enrollment in a health care plan.	62319

(N) "Procedure codes" includes the American medical	62320
association's current procedural terminology code, the American	62321
dental association's current dental terminology, and the centers	62322
for medicare and medicaid services health care common procedure	62323
coding system.	62324

(O) "Product" means one of the following types of categories	62325
of coverage for which a participating provider may be obligated to	62326
provide health care services pursuant to a health care contract:	62327

(1) A health maintenance organization or other product	62328
provided by a health insuring corporation;	62329

(2) A preferred provider organization;

62330

(3) Medicare;

62331

(4) Medicaid ~~or the children's buy-in program established~~	62332
~~under section 5101.5211 to 5101.5216 of the Revised Code~~;	62333

(5) Workers' compensation.

62334

(P) "Provider" means a physician, podiatrist, dentist,	62335
chiropractor, optometrist, psychologist, physician assistant,	62336
advanced practice nurse, occupational therapist, massage	62337
therapist, physical therapist, professional counselor,	62338
professional clinical counselor, hearing aid dealer, orthotist,	62339
prosthetist, home health agency, hospice care program, or	62340
hospital, or a provider organization or physician-hospital	62341
organization that is acting exclusively as an administrator on	62342
behalf of a provider to facilitate the provider's participation in	62343
health care contracts. "Provider" does not mean a pharmacist,	62344
pharmacy, nursing home, or a provider organization or	62345
physician-hospital organization that leases the provider	62346
organization's or physician-hospital organization's network to a	62347
third party or contracts directly with employers or health and	62348
welfare funds.	62349

(Q) "Specialty health care services" has the same meaning as	62350
in section 1751.01 of the Revised Code, except that it does not	62351
include any services listed in division (B) of section 1751.01 of	62352
the Revised Code that are provided by a pharmacist or a nursing	62353
home.	62354

(R) "Supplemental health care services" has the same meaning	62355
as in division (B) of section 1751.01 of the Revised Code, except	62356
that it does not include any services listed in that division that	62357
are provided by a pharmacist or nursing home.	62358

Sec. 3963.11. (A) No contracting entity shall do any of the	62359
following:	62360

(1) Offer to a provider ~~other than a hospital~~ a health care	62361
contract that includes a most favored nation clause;	62362

(2) Enter into a health care contract with a provider ~~other~~	62363
~~than a hospital~~ that includes a most favored nation clause;	62364

(3) Amend or renew an existing health care contract	62365
previously entered into with a provider ~~other than a hospital~~so	62366
that the contract as amended or renewed adds or continues to	62367
include a most favored nation clause.	62368

~~(B) This section shall not go into effect until three years~~	62369
~~after the effective date of this section.~~	62370

~~(C)~~(B) As used in this section:

62371

(1) "Contracting entity," "health care contract," "health	62372
care services," "participating provider," and "provider" have the	62373
same meanings as in section 3963.01 of the Revised Code.	62374

(2) "Most favored nation clause" means a provision in a	62375
health care contract that does any of the following:	62376

(a) Prohibits, or grants a contracting entity an option to	62377
prohibit, the participating provider from contracting with another	62378
contracting entity to provide health care services at a lower	62379
price than the payment specified in the contract;	62380

(b) Requires, or grants a contracting entity an option to	62381
require, the participating provider to accept a lower payment in	62382
the event the participating provider agrees to provide health care	62383
services to any other contracting entity at a lower price;	62384

(c) Requires, or grants a contracting entity an option to	62385
require, termination or renegotiation of the existing health care	62386
contract in the event the participating provider agrees to provide	62387
health care services to any other contracting entity at a lower	62388
price;	62389

(d) Requires the participating provider to disclose the	62390
participating provider's contractual reimbursement rates with	62391
other contracting entities.	62392

Sec. 4113.11. (A) As specified in division (B) of this	62393
section and except as provided in divisions (C) and ~~(F)~~(E) of this	62394
section, all employers that employ ten or more employees shall	62395
adopt and maintain a cafeteria plan that allows the employer's	62396
employees to pay for health insurance coverage by a salary	62397
reduction arrangement as permitted under section 125 of the	62398
Internal Revenue Code.	62399

(B) Employers shall comply with the requirements of division	62400
(A) of this section as follows:	62401

(1) For employers that employ more than five hundred	62402
employees, by not later than January 1, 2011, or six months after	62403
the superintendent of insurance adopts rules as required by	62404
division ~~(E)~~(D) of this section, whichever is later;	62405

(2) For employers that employ one hundred fifty to five	62406
hundred employees, by not later than July 1, 2011, or twelve	62407
months after the superintendent adopts rules as required by	62408
division ~~(E)~~(D) of this section, whichever is later;	62409

(3) For employers that employ ten to one hundred forty-nine	62410
employees, by not later than January 1, 2012, or eighteen months	62411
after the superintendent adopts rules as required by division	62412
~~(E)~~(D) of this section, whichever is later.	62413

(C) This section shall not apply to employers that, through	62414
other means than provided under this section, offer health	62415
insurance coverage, reimburse for health insurance coverage, or	62416
provide employees with opportunities to pay for health insurance	62417
with pre-tax dollars through other salary reduction arrangements.	62418

(D) ~~The health care coverage and quality council created~~	62419
~~under section 3923.90 of the Revised Code shall make~~	62420
~~recommendations to the superintendent for both of the following:~~	62421

~~(1) Development of strategies to educate, assist, and conduct~~	62422
~~outreach to employers to simplify administrative processes with~~	62423
~~respect to creating and maintaining cafeteria plans, including,~~	62424
~~but not limited to, providing employers with model cafeteria plan~~	62425
~~documents and technical assistance on creating and maintaining~~	62426
~~cafeteria plans that conform with state and federal law;~~	62427

~~(2) Development of strategies to educate, assist, and conduct~~	62428
~~outreach to employees with respect to finding, selecting, and~~	62429
~~purchasing a health insurance plan to be paid for through their~~	62430
~~employer's cafeteria plan under this section.~~	62431

~~(E)~~(1) The superintendent shall adopt rules in accordance	62432
with Chapter 119. of the Revised Code to implement and enforce	62433
this section~~, including the strategies recommended by the council~~	62434
~~pursuant to division (D) of this section~~.	62435

(2) Prior to adopting rules under this division, the	62436
superintendent shall consult any federal agency that has oversight	62437
of cafeteria plans and employee welfare benefit plans, including	62438
the internal revenue service and the United States department of	62439
labor, and receive written confirmation that the rules adopted	62440
will permit employers to establish cafeteria plans in accordance	62441
with federal law. The written confirmation shall include a	62442
determination that individual policies purchased pursuant to this	62443
section do not need to comply with the group market rules	62444
established by the "Health Insurance Portability and	62445
Accountability Act of 1996."	62446

~~(F)~~(E) The requirement provided in division (A) of this	62447
section does not apply if the superintendent does not receive	62448
written confirmation pursuant to division ~~(E)~~(D)(2) of this	62449
section that individual policies purchased pursuant to this	62450
section do not need to comply with the group market rules	62451
established by the "Health Insurance Portability and	62452
Accountability Act of 1996."	62453

~~(G)~~(F) Nothing in this section shall be construed as	62454
requiring an employer to establish a cafeteria plan in a manner	62455
that would violate federal law, including the "Employee Retirement	62456
Income Security Act of 1974," the "Consolidated Omnibus Budget	62457
Reconciliation Act of 1985," or the "Health Insurance Portability	62458
and Accountability Act of 1996."	62459

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

62460

(1) "Cafeteria plan" has the same meaning as in section 125	62461
of the Internal Revenue Code.	62462

(2) "Employer" has the same meaning as in section 4113.51 of	62463
the Revised Code.	62464

(3) "Employee" means an individual employed for consideration	62465
who works twenty-five or more hours per week or who renders any	62466
other standard of service generally accepted by custom or	62467
specified by contract as full-time employment, except for a public	62468
employee employed by a township or municipal corporation. In that	62469
case, "employee" means an individual hired with the expectation	62470
that the employee will work more than one thousand five hundred	62471
hours in any year unless full-time employment is defined	62472
differently in an applicable collective bargaining agreement.	62473

Sec. 4113.61. (A)(1) If a subcontractor or material supplier	62474
submits an application or request for payment or an invoice for	62475
materials to a contractor in sufficient time to allow the	62476
contractor to include the application, request, or invoice in the	62477
contractor's own pay request submitted to an owner, the	62478
contractor, within ten calendar days after receipt of payment from	62479
the owner for improvements to property, shall pay to the:	62480

(a) Subcontractor, an amount that is equal to the percentage	62481
of completion of the subcontractor's contract allowed by the owner	62482
for the amount of labor or work performed;	62483

(b) Material supplier, an amount that is equal to all or that	62484
portion of the invoice for materials which represents the	62485
materials furnished by the material supplier.	62486

The contractor may reduce the amount paid by any retainage	62487
provision contained in the contract, invoice, or purchase order	62488
between the contractor and the subcontractor or material supplier,	62489
and may withhold amounts that may be necessary to resolve disputed	62490
liens or claims involving the work or labor performed or material	62491
furnished by the subcontractor or material supplier.	62492

If the contractor fails to comply with division (A)(1) of	62493
this section, the contractor shall pay the subcontractor or	62494
material supplier, in addition to the payment due, interest in the	62495
amount of eighteen per cent per annum of the payment due,	62496
beginning on the eleventh day following the receipt of payment	62497
from the owner and ending on the date of full payment of the	62498
payment due plus interest to the subcontractor or material	62499
supplier.	62500

(2) If a lower tier subcontractor or lower tier material	62501
supplier submits an application or request for payment or an	62502
invoice for materials to a subcontractor, material supplier, or	62503
other lower tier subcontractor or lower tier material supplier in	62504
sufficient time to allow the subcontractor, material supplier, or	62505
other lower tier subcontractor or lower tier material supplier to	62506
include the application, request, or invoice in the	62507
subcontractor's, material supplier's, or other lower tier	62508
subcontractor's or lower tier material supplier's own pay request	62509
submitted to a contractor, other subcontractor, material supplier,	62510
lower tier subcontractor, or lower tier material supplier, the	62511
subcontractor, material supplier, or other lower tier	62512
subcontractor or lower tier material supplier, within ten calendar	62513
days after receipt of payment from the contractor, other	62514
subcontractor, material supplier, lower tier subcontractor, or	62515
lower tier material supplier for improvements to property, shall	62516
pay to the:	62517

(a) Lower tier subcontractor, an amount that is equal to the	62518
percentage of completion of the lower tier subcontractor's	62519
contract allowed by the owner for the amount of labor or work	62520
performed;	62521

(b) Lower tier material supplier, an amount that is equal to	62522
all or that portion of the invoice for materials which represents	62523
the materials furnished by the lower tier material supplier.	62524

The subcontractor, material supplier, lower tier	62525
subcontractor, or lower tier material supplier may reduce the	62526
amount paid by any retainage provision contained in the contract,	62527
invoice, or purchase order between the subcontractor, material	62528
supplier, lower tier subcontractor, or lower tier material	62529
supplier and the lower tier subcontractor or lower tier material	62530
supplier, and may withhold amounts that may be necessary to	62531
resolve disputed liens or claims involving the work or labor	62532
performed or material furnished by the lower tier subcontractor or	62533
lower tier material supplier.	62534

If the subcontractor, material supplier, lower tier	62535
subcontractor, or lower tier material supplier fails to comply	62536
with division (A)(2) of this section, the subcontractor, material	62537
supplier, lower tier subcontractor, or lower tier material	62538
supplier shall pay the lower tier subcontractor or lower tier	62539
material supplier, in addition to the payment due, interest in the	62540
amount of eighteen per cent per annum of the payment due,	62541
beginning on the eleventh day following the receipt of payment	62542
from the contractor, other subcontractor, material supplier, lower	62543
tier subcontractor, or lower tier material supplier and ending on	62544
the date of full payment of the payment due plus interest to the	62545
lower tier subcontractor or lower tier material supplier.	62546

(3) If a contractor receives any final retainage from the	62547
owner for improvements to property, the contractor shall pay from	62548
that retainage each subcontractor and material supplier the	62549
subcontractor's or material supplier's proportion of the	62550
retainage, within ten calendar days after receipt of the retainage	62551
from the owner, or within the time period provided in a contract,	62552
invoice, or purchase order between the contractor and the	62553
subcontractor or material supplier, whichever time period is	62554
shorter, provided that the contractor has determined that the	62555
subcontractor's or material supplier's work, labor, and materials	62556
have been satisfactorily performed or furnished and that the owner	62557
has approved the subcontractor's or material supplier's work,	62558
labor, and materials.	62559

If the contractor fails to pay a subcontractor or material	62560
supplier within the appropriate time period, the contractor shall	62561
pay the subcontractor or material supplier, in addition to the	62562
retainage due, interest in the amount of eighteen per cent per	62563
annum of the retainage due, beginning on the eleventh day	62564
following the receipt of the retainage from the owner and ending	62565
on the date of full payment of the retainage due plus interest to	62566
the subcontractor or material supplier.	62567

(4) If a subcontractor, material supplier, lower tier	62568
subcontractor, or lower tier material supplier receives any final	62569
retainage from the contractor or other subcontractor, lower tier	62570
subcontractor, or lower tier material supplier for improvements to	62571
property, the subcontractor, material supplier, lower tier	62572
subcontractor, or lower tier material supplier shall pay from that	62573
retainage each lower tier subcontractor or lower tier the lower	62574
tier subcontractor's or lower tier material supplier's proportion	62575
of the retainage, within ten calendar days after receipt of	62576
payment from the contractor or other subcontractor, lower tier	62577
subcontractor, or lower tier material supplier, or within the time	62578
period provided in a contract, invoice, or purchase order between	62579
the subcontractor, material supplier, lower tier subcontractor, or	62580
lower tier material supplier and the lower tier subcontractor or	62581
lower tier material supplier, whichever time period is shorter,	62582
provided that the subcontractor, material supplier, lower tier	62583
subcontractor, or lower tier material supplier has determined that	62584
the lower tier subcontractor's or lower tier material supplier's	62585
work, labor, and materials have been satisfactorily performed or	62586
furnished and that the owner has approved the lower tier	62587
subcontractor's or lower tier material supplier's work, labor, and	62588
materials.	62589

If the subcontractor, material supplier, lower tier	62590
subcontractor, or lower tier material supplier fails to pay the	62591
lower tier subcontractor or lower tier material supplier within	62592
the appropriate time period, the subcontractor, material supplier,	62593
lower tier subcontractor, or lower tier material supplier shall	62594
pay the lower tier subcontractor or lower tier material supplier,	62595
in addition to the retainage due, interest in the amount of	62596
eighteen per cent per annum of the retainage due, beginning on the	62597
eleventh day following the receipt of the retainage from the	62598
contractor or other subcontractor, lower tier subcontractor, or	62599
lower tier material supplier and ending on the date of full	62600
payment of the retainage due plus interest to the lower tier	62601
subcontractor or lower tier material supplier.	62602

(5) A contractor, subcontractor, or lower tier subcontractor	62603
shall pay a laborer wages due within ten days of payment of any	62604
application or request for payment or the receipt of any retainage	62605
from an owner, contractor, subcontractor, or lower tier	62606
subcontractor.	62607

If the contractor, subcontractor, or lower tier subcontractor	62608
fails to pay the laborer wages due within the appropriate time	62609
period, the contractor, subcontractor, or lower tier subcontractor	62610
shall pay the laborer, in addition to the wages due, interest in	62611
the amount of eighteen per cent per annum of the wages due,	62612
beginning on the eleventh day following the receipt of payment	62613
from the owner, contractor, subcontractor, or lower tier	62614
subcontractor and ending on the date of full payment of the wages	62615
due plus interest to the laborer.	62616

(B)(1) If a contractor, subcontractor, material supplier,	62617
lower tier subcontractor, or lower tier material supplier has not	62618
made payment in compliance with division (A)(1), (2), (3), (4), or	62619
(5) of this section within thirty days after payment is due, a	62620
subcontractor, material supplier, lower tier subcontractor, lower	62621
tier material supplier, or laborer may file a civil action to	62622
recover the amount due plus the interest provided in those	62623
divisions. If the court finds in the civil action that a	62624
contractor, subcontractor, material supplier, lower tier	62625
subcontractor, or lower tier material supplier has not made	62626
payment in compliance with those divisions, the court shall award	62627
the interest specified in those divisions, in addition to the	62628
amount due. Except as provided in division (B)(3) of this section,	62629
the court shall award the prevailing party reasonable attorney	62630
fees and court costs.	62631

(2) In making a determination to award attorney fees under	62632
division (B)(1) of this section, the court shall consider all	62633
relevant factors, including but not limited to the following:	62634

(a) The presence or absence of good faith allegations or	62635
defenses asserted by the parties;	62636

(b) The proportion of the amount of recovery as it relates to	62637
the amount demanded;	62638

(c) The nature of the services rendered and the time expended	62639
in rendering the services.	62640

(3) The court shall not award attorney fees under division	62641
(B)(1) of this section if the court determines, following a	62642
hearing on the payment of attorney fees, that the payment of	62643
attorney fees to the prevailing party would be inequitable.	62644

(C) This section does not apply to any construction or	62645
improvement of any single-, two-, or three-family detached	62646
dwelling houses.	62647

(D)(1) No provision of this section regarding entitlement to	62648
interest, attorney fees, or court costs may be waived by agreement	62649
and any such term in any contract or agreement is void and	62650
unenforceable as against public policy.	62651

(2) This section shall not be construed as impairing or	62652
affecting, in any way, the terms and conditions of any contract,	62653
invoice, purchase order, or any other agreement between a	62654
contractor and a subcontractor or a material supplier or between a	62655
subcontractor and another subcontractor, a material supplier, a	62656
lower tier subcontractor, or a lower tier material supplier,	62657
except that if such terms and conditions contain time periods	62658
which are longer than any of the time periods specified in	62659
divisions (A)(1), (2), (3), (4), and (5) of this section or	62660
interest at a percentage less than the interest stated in those	62661
divisions, then the provisions of this section shall prevail over	62662
such terms and conditions.	62663

(E) Notwithstanding the definition of lower tier material	62664
supplier in this section, a person is not a lower tier material	62665
supplier unless the materials supplied by the person are:	62666

(1) Furnished with the intent, as evidenced by the contract	62667
of sale, the delivery order, delivery to the site, or by other	62668
evidence that the materials are to be used on a particular	62669
structure or improvement;	62670

(2) Incorporated in the improvement or consumed as normal	62671
wastage in the course of the improvement; or	62672

(3) Specifically fabricated for incorporation in the	62673
improvement and not readily resalable in the ordinary course of	62674
the fabricator's business even if not actually incorporated in the	62675
improvement.	62676

(F) As used in this section:

62677

(1) "Contractor" means any person who undertakes to	62678
construct, alter, erect, improve, repair, demolish, remove, dig,	62679
or drill any part of a structure or improvement under a contract	62680
with an owner, or a "construction manager" or "construction	62681
manager at risk" as ~~that term is~~those terms are defined in	62682
section 9.33 of the Revised Code, or a "design-build firm" as that	62683
term is defined in section 153.65 of the Revised Code.	62684

(2) "Laborer," "material supplier," "subcontractor," and	62685
"wages" have the same meanings as in section 1311.01 of the	62686
Revised Code.	62687

(3) "Lower tier subcontractor" means a subcontractor who is	62688
not in privity of contract with a contractor but is in privity of	62689
contract with another subcontractor.	62690

(4) "Lower tier material supplier" means a material supplier	62691
who is not in privity of contract with a contractor but is in	62692
privity of contract with another subcontractor or a material	62693
supplier.	62694

(5) "Wages due" means the wages due to a laborer as of the	62695
date a contractor or subcontractor receives payment for any	62696
application or request for payment or retainage from any owner,	62697
contractor, or subcontractor.	62698

(6) "Owner" includes the state, and a county, township,	62699
municipal corporation, school district, or other political	62700
subdivision of the state, and any public agency, authority, board,	62701
commission, instrumentality, or special district of or in the	62702
state or a county, township, municipal corporation, school	62703
district, or other political subdivision of the state, and any	62704
officer or agent thereof and relates to all the interests either	62705
legal or equitable, which a person may have in the real estate	62706
upon which improvements are made, including interests held by any	62707
person under contracts of purchase, whether in writing or	62708
otherwise.	62709

Sec. 4115.03. As used in sections 4115.03 to 4115.16 of the	62710
Revised Code:	62711

(A) "Public authority" means any officer, board, or	62712
commission of the state, or any political subdivision of the	62713
state, authorized to enter into a contract for the construction of	62714
a public improvement or to construct the same by the direct	62715
employment of labor, or any institution supported in whole or in	62716
part by public funds and said sections apply to expenditures of	62717
such institutions made in whole or in part from public funds.	62718

(B) "Construction" means ~~either~~any of the following:

62719

(1) ~~Any~~Except as provided in division (B)(3) of this	62720
section, any new construction of ~~any~~a public improvement, the	62721
total overall project cost of which is fairly estimated to be more	62722
than ~~fifty thousand~~five million dollars adjusted biennially by	62723
the director of commerce pursuant to section 4115.034 of the	62724
Revised Code and performed by other than full-time employees who	62725
have completed their probationary periods in the classified	62726
service of a public authority;	62727

(2) ~~Any~~Except as provided in division (B)(4) of this	62728
section, any reconstruction, enlargement, alteration, repair,	62729
remodeling, renovation, or painting of ~~any~~a public improvement,	62730
the total overall project cost of which is fairly estimated to be	62731
more than ~~fifteen thousand~~five million dollars adjusted	62732
biennially by the ~~administrator~~director pursuant to section	62733
4115.034 of the Revised Code and performed by other than full-time	62734
employees who have completed their probationary period in the	62735
classified civil service of a public authority;	62736

(3) Any new construction of a public improvement that	62737
involves roads, streets, alleys, sewers, ditches, and other works	62738
connected to road or bridge construction, the total overall	62739
project cost of which is fairly estimated to be more than	62740
seventy-eight thousand two hundred fifty-eight dollars adjusted	62741
biennially by the director of commerce pursuant to section	62742
4115.034 of the Revised Code and performed by other than full-time	62743
employees who have completed their probationary periods in the	62744
classified service of a public authority;	62745

(4) Any reconstruction, enlargement, alteration, repair,	62746
remodeling, renovation, or painting of a public improvement that	62747
involves roads, streets, alleys, sewers, ditches, and other works	62748
connected to road or bridge construction, the total overall	62749
project cost of which is fairly estimated to be more than	62750
twenty-three thousand four hundred forty-seven dollars adjusted	62751
biennially by the director of commerce pursuant to section	62752
4115.034 of the Revised code and performed by other than full-time	62753
employees who have completed their probationary periods in the	62754
classified service of a public authority.	62755

(C) "Public improvement" includes all buildings, roads,	62756
streets, alleys, sewers, ditches, sewage disposal plants, water	62757
works, and all other structures or works constructed by a public	62758
authority of the state or any political subdivision thereof or by	62759
any person who, pursuant to a contract with a public authority,	62760
constructs any structure for a public authority of the state or a	62761
political subdivision thereof. When a public authority rents or	62762
leases a newly constructed structure within six months after	62763
completion of such construction, all work performed on such	62764
structure to suit it for occupancy by a public authority is a	62765
"public improvement." "Public improvement" does not include an	62766
improvement authorized by section 1515.08 of the Revised Code that	62767
is constructed pursuant to a contract with a soil and water	62768
conservation district, as defined in section 1515.01 of the	62769
Revised Code, or performed as a result of a petition filed	62770
pursuant to Chapter 6131., 6133., or 6135. of the Revised Code,	62771
wherein no less than seventy-five per cent of the project is	62772
located on private land and no less than seventy-five per cent of	62773
the cost of the improvement is paid for by private property owners	62774
pursuant to Chapter 1515., 6131., 6133., or 6135. of the Revised	62775
Code. "Public improvement" does not include an improvement that is	62776
neither constructed by a public authority nor constructed for the	62777
benefit of a public authority, even if the improvement uses or	62778
receives financing, grants, or in-kind support from a public	62779
authority.	62780

(D) "Locality" means the county wherein the physical work	62781
upon any public improvement is being performed.	62782

(E) "Prevailing wages" means the sum of the following:

62783

(1) The basic hourly rate of pay;

62784

(2) The rate of contribution irrevocably made by a contractor	62785
or subcontractor to a trustee or to a third person pursuant to a	62786
fund, plan, or program;	62787

(3) The rate of costs to the contractor or subcontractor	62788
which may be reasonably anticipated in providing the following	62789
fringe benefits to laborers and mechanics pursuant to an	62790
enforceable commitment to carry out a financially responsible plan	62791
or program which was communicated in writing to the laborers and	62792
mechanics affected:	62793

(a) Medical or hospital care or insurance to provide such;

62794

(b) Pensions on retirement or death or insurance to provide	62795
such;	62796

(c) Compensation for injuries or illnesses resulting from	62797
occupational activities if it is in addition to that coverage	62798
required by Chapters 4121. and 4123. of the Revised Code;	62799

(d) Supplemental unemployment benefits that are in addition	62800
to those required by Chapter 4141. of the Revised Code;	62801

(e) Life insurance;

62802

(f) Disability and sickness insurance;

62803

(g) Accident insurance;

62804

(h) Vacation and holiday pay;

62805

(i) Defraying of costs for apprenticeship or other similar	62806
training programs which are beneficial only to the laborers and	62807
mechanics affected;	62808

(j) Other bona fide fringe benefits.

62809

None of the benefits enumerated in division (E)(3) of this	62810
section may be considered in the determination of prevailing wages	62811
if federal, state, or local law requires contractors or	62812
subcontractors to provide any of such benefits.	62813

(F) "Interested party," with respect to a particular public	62814
improvement, means:	62815

(1) Any person who submits a bid for the purpose of securing	62816
the award of a contract for construction of the public	62817
improvement;	62818

(2) Any person acting as a subcontractor of a person	62819
mentioned in division (F)(1) of this section;	62820

(3) Any bona fide organization of labor which has as members	62821
or is authorized to represent employees of a person mentioned in	62822
division (F)(1) or (2) of this section and which exists, in whole	62823
or in part, for the purpose of negotiating with employers	62824
concerning the wages, hours, or terms and conditions of employment	62825
of employees;	62826

(4) Any association having as members any of the persons	62827
mentioned in division (F)(1) or (2) of this section.	62828

(G) Except as used in division (A) of this section, "officer"	62829
means an individual who has an ownership interest or holds an	62830
office of trust, command, or authority in a corporation, business	62831
trust, partnership, or association.	62832

Sec. 4115.033. No public authority shall subdivide a public	62833
improvement project into component parts or projects, the cost of	62834
which is fairly estimated to be less than the threshold levels set	62835
forth in ~~divisions~~division (B)~~(1) and (2)~~ of section 4115.03 of	62836
the Revised Code, unless the projects are conceptually separate	62837
and unrelated to each other, or encompass independent and	62838
unrelated needs of the public authority.	62839

Sec. 4115.034. On January 1, 1996, and the first day of	62840
January of every even-numbered year thereafter, the director of	62841
commerce shall adjust the threshold levels for which public	62842
improvement projects are subject to sections 4115.03 to 4115.16 of	62843
the Revised Code as set forth in ~~divisions~~division (B)~~(1) and (2)~~	62844
of section 4115.03 of the Revised Code. The director shall adjust	62845
those amounts according to the average increase or decrease for	62846
each of the two years immediately preceding the adjustment as set	62847
forth in the United States department of commerce, bureau of the	62848
census implicit price deflator for construction, provided that no	62849
increase or decrease for any year shall exceed three per cent of	62850
the threshold level in existence at the time of the adjustment.	62851

Sec. 4115.04. (A)(1) Every public authority authorized to	62852
contract for or construct with its own forces a public	62853
improvement, before advertising for bids or undertaking such	62854
construction with its own forces, shall have the director of	62855
commerce determine the prevailing rates of wages of mechanics and	62856
laborers in accordance with section 4115.05 of the Revised Code	62857
for the class of work called for by the public improvement, in the	62858
locality where the work is to be performed. Except as provided in	62859
division (A)(2) of this section, that schedule of wages shall be	62860
attached to and made part of the specifications for the work, and	62861
shall be printed on the bidding blanks where the work is done by	62862
contract. A copy of the bidding blank shall be filed with the	62863
director before the contract is awarded. A minimum rate of wages	62864
for common laborers, on work coming under the jurisdiction of the	62865
department of transportation, shall be fixed in each county of the	62866
state by the department of transportation, in accordance with	62867
section 4115.05 of the Revised Code.	62868

(2) In the case of contracts that are administered by the	62869
department of natural resources, the director of natural resources	62870
or the director's designee shall include language in the contracts	62871
requiring wage rate determinations and updates to be obtained	62872
directly from the department of commerce through electronic or	62873
other means as appropriate. Contracts that include this	62874
requirement are exempt from the requirements established in	62875
division (A)(1) of this section that involve attaching the	62876
schedule of wages to the specifications for the work, making the	62877
schedule part of those specifications, and printing the schedule	62878
on the bidding blanks where the work is done by contract.	62879

(B) Sections 4115.03 to 4115.16 of the Revised Code do not	62880
apply to:	62881

(1) Public improvements in any case where the federal	62882
government or any of its agencies furnishes by loan or grant all	62883
or any part of the funds used in constructing such improvements,	62884
provided that the federal government or any of its agencies	62885
prescribes predetermined minimum wages to be paid to mechanics and	62886
laborers employed in the construction of such improvements;	62887

(2) A participant in a work activity, developmental activity,	62888
or an alternative work activity under sections 5107.40 to 5107.69	62889
of the Revised Code when a public authority directly uses the	62890
labor of the participant to construct a public improvement if the	62891
participant is not engaged in paid employment or subsidized	62892
employment pursuant to the activity;	62893

(3) Public improvements undertaken by, or under contract for,	62894
the board of education of any school district or the governing	62895
board of any educational service center;	62896

(4) Public improvements undertaken by, or under contract for,	62897
a county hospital operated pursuant to Chapter 339. of the Revised	62898
Code or a municipal hospital operated pursuant to Chapter 749. of	62899
the Revised Code if none of the funds used in constructing the	62900
improvements are the proceeds of bonds or other obligations that	62901
are secured by the full faith and credit of the state, a county, a	62902
township, or a municipal corporation and none of the funds used in	62903
constructing the improvements, including funds used to repay any	62904
amounts borrowed to construct the improvements, are funds that	62905
have been appropriated for that purpose by the state, a board of	62906
county commissioners, a township, or a municipal corporation from	62907
funds generated by the levy of a tax, provided that a county	62908
hospital or municipal hospital may elect to apply sections 4115.03	62909
to 4115.16 of the Revised Code to a public improvement undertaken	62910
by, or under contract for, the hospital;	62911

(5) Any project described in divisions (D)(1)(a) to (D)(1)(e)	62912
of section 176.05 of the Revised Code;	62913

(6) Public improvements undertaken by, or under contract for,	62914
a state institution of higher education as defined in section	62915
3345.12 of the Revised Code;	62916

(7) Public improvements undertaken by, or under contract for,	62917
a port authority as defined in section 4582.01 of the Revised	62918
Code.	62919

(C) Under no circumstances shall a public authority apply the	62920
prevailing wage requirements of this chapter to a public	62921
improvement that is exempt under division (B)(3) or (6) of this	62922
section.	62923

Sec. 4115.10. (A) No person, firm, corporation, or public	62924
authority that constructs a public improvement with its own	62925
forces, the total overall project cost of which is fairly	62926
estimated to be more than the amounts set forth in division (B)~~(1)~~	62927
~~or (2)~~ of section 4115.03 of the Revised Code, adjusted biennially	62928
by the director of commerce pursuant to section 4115.034 of the	62929
Revised Code, shall violate the wage provisions of sections	62930
4115.03 to 4115.16 of the Revised Code, or suffer, permit, or	62931
require any employee to work for less than the rate of wages so	62932
fixed, or violate the provisions of section 4115.07 of the Revised	62933
Code. Any employee upon any public improvement, except an employee	62934
to whom or on behalf of whom restitution is made pursuant to	62935
division (C) of section 4115.13 of the Revised Code, who is paid	62936
less than the fixed rate of wages applicable thereto may recover	62937
from such person, firm, corporation, or public authority that	62938
constructs a public improvement with its own forces the difference	62939
between the fixed rate of wages and the amount paid to the	62940
employee and in addition thereto a sum equal to twenty-five per	62941
cent of that difference. The person, firm, corporation, or public	62942
authority who fails to pay the rate of wages so fixed also shall	62943
pay a penalty to the director of seventy-five per cent of the	62944
difference between the fixed rate of wages and the amount paid to	62945
the employees on the public improvement. The director shall	62946
deposit all moneys received from penalties paid to the director	62947
pursuant to this section into the ~~penalty enforcement~~labor	62948
operating fund~~, which is hereby created in the state treasury~~. The	62949
director shall use the fund for the enforcement of sections	62950
4115.03 to 4115.16 of the Revised Code. The employee may file suit	62951
for recovery within ninety days of the director's determination of	62952
a violation of sections 4115.03 to 4115.16 of the Revised Code or	62953
is barred from further action under this division. Where the	62954
employee prevails in a suit, the employer shall pay the costs and	62955
reasonable attorney's fees allowed by the court.	62956

(B) Any employee upon any public improvement who is paid less	62957
than the prevailing rate of wages applicable thereto may file a	62958
complaint in writing with the director upon a form furnished by	62959
the director. The complaint shall include documented evidence to	62960
demonstrate that the employee was paid less than the prevailing	62961
wage in violation of this chapter. Upon receipt of a properly	62962
completed written complaint of any employee paid less than the	62963
prevailing rate of wages applicable, the director shall take an	62964
assignment of a claim in trust for the assigning employee and	62965
bring any legal action necessary to collect the claim. The	62966
employer shall pay the costs and reasonable attorney's fees	62967
allowed by the court if the employer is found in violation of	62968
sections 4115.03 to 4115.16 of the Revised Code.	62969

(C) If after investigation pursuant to section 4115.13 of the	62970
Revised Code, the director determines there is a violation of	62971
sections 4115.03 to 4115.16 of the Revised Code and a period of	62972
sixty days has elapsed from the date of the determination, and if:	62973

(1) No employee has brought suit pursuant to division (A) of	62974
this section;	62975

(2) No employee has requested that the director take an	62976
assignment of a wage claim pursuant to division (B) of this	62977
section;.	62978

The director shall bring any legal action necessary to	62979
collect any amounts owed to employees and the director. The	62980
director shall pay over to the affected employees the amounts	62981
collected to which the affected employees are entitled under	62982
division (A) of this section. In any action in which the director	62983
prevails, the employer shall pay the costs and reasonable	62984
attorney's fees allowed by the court.	62985

(D) Where persons are employed and their rate of wages has	62986
been determined as provided in section 4115.04 of the Revised	62987
Code, no person, either for self or any other person, shall	62988
request, demand, or receive, either before or after the person is	62989
engaged, that the person so engaged pay back, return, donate,	62990
contribute, or give any part or all of the person's wages, salary,	62991
or thing of value, to any person, upon the statement,	62992
representation, or understanding that failure to comply with such	62993
request or demand will prevent the procuring or retaining of	62994
employment, and no person shall, directly or indirectly, aid,	62995
request, or authorize any other person to violate this section.	62996
This division does not apply to any agent or representative of a	62997
duly constituted labor organization acting in the collection of	62998
dues or assessments of such organization.	62999

(E) The director shall enforce sections 4115.03 to 4115.16 of	63000
the Revised Code.	63001

(F) For the purpose of supplementing existing resources and	63002
to assist in enforcing division (E) of this section, the director	63003
may contract with a person registered as a public accountant under	63004
Chapter 4701. of the Revised Code to conduct an audit of a person,	63005
firm, corporation, or public authority.	63006

Sec. 4115.101. There is hereby created the prevailing wage	63007
custodial fund, which shall be in the custody of the treasurer of	63008
state but shall not be part of the state treasury. The director of	63009
commerce shall deposit to the fund all money paid by employers to	63010
the director that are held in trust for employees to whom	63011
prevailing wages are due and owing. The director shall make	63012
disbursements from the fund in accordance with this chapter to	63013
employees affected by violations of this chapter. If the director	63014
determines that any funds in the prevailing wage custodial fund	63015
are not returnable to employees as required under this section,	63016
then the director shall certify to the treasurer of state the	63017
amount of the funds that are not returnable. Upon the receipt of a	63018
certification from the director in accordance with this section,	63019
the treasurer of state shall transfer the certified amount of the	63020
funds from the prevailing wage custodial fund to the labor	63021
operating fund.	63022

Sec. 4115.16. (A) An interested party may file a complaint	63023
with the director of commerce alleging a violation of sections	63024
4115.03 to 4115.16 of the Revised Code. The director, upon receipt	63025
of a complaint, shall investigate pursuant to section 4115.13 of	63026
the Revised Code. If the director determines that no violation has	63027
occurred or that the violation was not intentional, the interested	63028
party may appeal the decision to the court of common pleas of the	63029
county where the violation is alleged to have occurred.	63030

(B) ~~If the director has not ruled on the merits of the~~	63031
~~complaint within sixty days after its filing, the interested party~~	63032
~~may file a complaint in the court of common pleas of the county in~~	63033
~~which the violation is alleged to have occurred. The complaint may~~	63034
~~make the contracting public authority a party to the action, but~~	63035
~~not the director. Contemporaneous with service of the complaint,~~	63036
~~the interested party shall deliver a copy of the complaint to the~~	63037
~~director. Upon receipt thereof, the director shall cease~~	63038
~~investigating or otherwise acting upon the complaint filed~~	63039
~~pursuant to division (A) of this section. The court in which the~~	63040
~~complaint is filed pursuant to this division shall hear and decide~~	63041
~~the case, and upon finding that a violation has occurred, shall~~	63042
~~make such orders as will prevent further violation and afford to~~	63043
~~injured persons the relief specified under sections 4115.03 to~~	63044
~~4115.16 of the Revised Code. The court's finding that a violation~~	63045
~~has occurred shall have the same consequences as a like~~	63046
~~determination by the director. The court may order the director to~~	63047
~~take such action as will prevent further violation and afford to~~	63048
~~injured persons the remedies specified under sections 4115.03 to~~	63049
~~4115.16 of the Revised Code. Upon receipt of any order of the~~	63050
~~court pursuant to this section, the director shall undertake~~	63051
~~enforcement action without further investigation or hearings.~~	63052

~~(C)~~ The director shall make available to the parties to any	63053
appeal ~~or action pursuant to~~under this section all files,	63054
documents, affidavits, or other information in the director's	63055
possession that pertain to the matter. ~~The rules generally~~	63056
~~applicable to civil actions in the courts of this state shall~~	63057
~~govern all appeals or actions under this section. Any~~	63058
~~determination of a court under this section is subject to~~	63059
~~appellate review.~~	63060

~~(D) Where, pursuant to this section, a court finds a~~	63061
~~violation of sections 4115.03 to 4115.16 of the Revised Code, the~~	63062
~~court shall award attorney fees and court costs to the prevailing~~	63063
~~party. In the event the court finds that no violation has~~	63064
~~occurred, the court may award court costs and~~ ~~attorney~~ fees to the	63065
prevailing party, other than to the director or the public	63066
authority, where the court finds the action brought was	63067
unreasonable or without foundation, even though not brought in	63068
subjective bad faith.	63069

Sec. 4116.01. As used in sections 4116.01 to 4116.04 of the	63070
Revised Code:	63071

(A) "Public authority" means any officer, board, or	63072
commission of the state, or any political subdivision of the	63073
state, or any institution supported in whole or in part by public	63074
funds, authorized to enter into a contract for the construction of	63075
a public improvement or to construct a public improvement by the	63076
direct employment of labor. "Public authority" shall not mean any	63077
municipal corporation that has adopted a charter under sections	63078
three and seven of article XVIII of the Ohio ~~constitution~~	63079
Constitution, unless the specific contract for a public	63080
improvement includes state funds appropriated for the purposes of	63081
that public improvement.	63082

(B) "Construction" means all of the following:

63083

(1) Any new construction of any public improvement performed	63084
by other than full-time employees who have completed their	63085
probationary periods in the classified service of a public	63086
authority;	63087

(2) Any reconstruction, enlargement, alteration, repair,	63088
remodeling, renovation, or painting of any public improvement	63089
performed by other than full-time employees who have completed	63090
their probationary period in the classified civil service of a	63091
public authority;	63092

(3) Construction on any project, facility, or project	63093
facility to which section ~~122.452,~~ 122.80, ~~165.031,~~ 166.02,	63094
~~1551.13,~~or 1728.07~~, or 3706.042~~ of the Revised Code applies;	63095

(4) Construction on any project as defined in section 122.39	63096
of the Revised Code, any project as defined in section 165.01 of	63097
the Revised Code, any energy resource development facility as	63098
defined in section 1551.01 of the Revised Code, or any project as	63099
defined in section 3706.01 of the Revised Code.	63100

(C) "Public improvement" means all buildings, roads, streets,	63101
alleys, sewers, ditches, sewage disposal plants, water works, and	63102
other structures or works constructed by a public authority or by	63103
any person who, pursuant to a contract with a public authority,	63104
constructs any structure or work for a public authority. When a	63105
public authority rents or leases a newly constructed structure	63106
within six months after completion of its construction, all work	63107
performed on that structure to suit it for occupancy by a public	63108
authority is a "public improvement."	63109

(D) "Interested party," with respect to a particular public	63110
improvement, means all of the following:	63111

(1) Any person who submits a bid for the purpose of securing	63112
the award of a contract for the public improvement;	63113

(2) Any person acting as a subcontractor of a person	63114
mentioned in division (D)(1) of this section;	63115

(3) Any association having as members any of the persons	63116
mentioned in division (D)(1) or (2) of this section;	63117

(4) Any employee of a person mentioned in division (D)(1),	63118
(2), or (3) of this section;	63119

(5) Any individual who is a resident of the jurisdiction of	63120
the public authority for whom products or services for a public	63121
improvement are being procured or for whom work on a public	63122
improvement is being performed.	63123

Sec. 4117.01. As used in this chapter:

63124

(A) "Person," in addition to those included in division (C)	63125
of section 1.59 of the Revised Code, includes employee	63126
organizations, public employees, and public employers.	63127

(B) "Public employer" means the state or any political	63128
subdivision of the state located entirely within the state,	63129
including, without limitation, any municipal corporation with a	63130
population of at least five thousand according to the most recent	63131
federal decennial census; county; township with a population of at	63132
least five thousand in the unincorporated area of the township	63133
according to the most recent federal decennial census; school	63134
district; ~~governing authority of a community school established~~	63135
~~under Chapter 3314. of the Revised Code;~~college preparatory	63136
boarding school established under Chapter 3328. of the Revised	63137
Code or its operator; state institution of higher learning; public	63138
or special district; state agency, authority, commission, or	63139
board; or other branch of public employment. "Public employer"	63140
does not include the nonprofit corporation formed under section	63141
187.01 of the Revised Code or the governing authority of a	63142
community school established under Chapter 3314. of the Revised	63143
Code.	63144

(C) "Public employee" means any person holding a position by	63145
appointment or employment in the service of a public employer,	63146
including any person working pursuant to a contract between a	63147
public employer and a private employer and over whom the national	63148
labor relations board has declined jurisdiction on the basis that	63149
the involved employees are employees of a public employer, except:	63150

(1) Persons holding elective office;

63151

(2) Employees of the general assembly and employees of any	63152
other legislative body of the public employer whose principal	63153
duties are directly related to the legislative functions of the	63154
body;	63155

(3) Employees on the staff of the governor or the chief	63156
executive of the public employer whose principal duties are	63157
directly related to the performance of the executive functions of	63158
the governor or the chief executive;	63159

(4) Persons who are members of the Ohio organized militia,	63160
while training or performing duty under section 5919.29 or 5923.12	63161
of the Revised Code;	63162

(5) Employees of the state employment relations board,	63163
including those employees of the state employment relations board	63164
utilized by the state personnel board of review in the exercise of	63165
the powers and the performance of the duties and functions of the	63166
state personnel board of review;	63167

(6) Confidential employees;

63168

(7) Management level employees;

63169

(8) Employees and officers of the courts, assistants to the	63170
attorney general, assistant prosecuting attorneys, and employees	63171
of the clerks of courts who perform a judicial function;	63172

(9) Employees of a public official who act in a fiduciary	63173
capacity, appointed pursuant to section 124.11 of the Revised	63174
Code;	63175

(10) Supervisors;

63176

(11) Students whose primary purpose is educational training,	63177
including graduate assistants or associates, residents, interns,	63178
or other students working as part-time public employees less than	63179
fifty per cent of the normal year in the employee's bargaining	63180
unit;	63181

(12) Employees of county boards of election;

63182

(13) Seasonal and casual employees as determined by the state	63183
employment relations board;	63184

(14) Part-time faculty members of an institution of higher	63185
education;	63186

(15) Participants in a work activity, developmental activity,	63187
or alternative work activity under sections 5107.40 to 5107.69 of	63188
the Revised Code who perform a service for a public employer that	63189
the public employer needs but is not performed by an employee of	63190
the public employer if the participant is not engaged in paid	63191
employment or subsidized employment pursuant to the activity;	63192

(16) Employees included in the career professional service of	63193
the department of transportation under section 5501.20 of the	63194
Revised Code;	63195

(17) Employees of community-based correctional facilities and	63196
district community-based correctional facilities created under	63197
sections 2301.51 to 2301.58 of the Revised Code ~~who are not~~	63198
~~subject to a collective bargaining agreement on June 1, 2005~~.	63199

(D) "Employee organization" means any labor or bona fide	63200
organization in which public employees participate and that exists	63201
for the purpose, in whole or in part, of dealing with public	63202
employers concerning grievances, labor disputes, wages, hours,	63203
terms, and other conditions of employment.	63204

(E) "Exclusive representative" means the employee	63205
organization certified or recognized as an exclusive	63206
representative under section 4117.05 of the Revised Code.	63207

(F) "Supervisor" means any individual who has authority, in	63208
the interest of the public employer, to hire, transfer, suspend,	63209
lay off, recall, promote, discharge, assign, reward, or discipline	63210
other public employees; to responsibly direct them; to adjust	63211
their grievances; or to effectively recommend such action, if the	63212
exercise of that authority is not of a merely routine or clerical	63213
nature, but requires the use of independent judgment, provided	63214
that:	63215

(1) Employees of school districts who are department	63216
chairpersons or consulting teachers shall not be deemed	63217
supervisors;	63218

(2) With respect to members of a police or fire department,	63219
no person shall be deemed a supervisor except the chief of the	63220
department or those individuals who, in the absence of the chief,	63221
are authorized to exercise the authority and perform the duties of	63222
the chief of the department. Where prior to June 1, 1982, a public	63223
employer pursuant to a judicial decision, rendered in litigation	63224
to which the public employer was a party, has declined to engage	63225
in collective bargaining with members of a police or fire	63226
department on the basis that those members are supervisors, those	63227
members of a police or fire department do not have the rights	63228
specified in this chapter for the purposes of future collective	63229
bargaining. The state employment relations board shall decide all	63230
disputes concerning the application of division (F)(2) of this	63231
section.	63232

(3) With respect to faculty members of a state institution of	63233
higher education, heads of departments or divisions are	63234
supervisors; however, no other faculty member or group of faculty	63235
members is a supervisor solely because the faculty member or group	63236
of faculty members participate in decisions with respect to	63237
courses, curriculum, personnel, or other matters of academic	63238
policy;	63239

(4) No teacher as defined in section 3319.09 of the Revised	63240
Code shall be designated as a supervisor or a management level	63241
employee unless the teacher is employed under a contract governed	63242
by section 3319.01, 3319.011, or 3319.02 of the Revised Code and	63243
is assigned to a position for which a license deemed to be for	63244
administrators under state board rules is required pursuant to	63245
section 3319.22 of the Revised Code.	63246

(G) "To bargain collectively" means to perform the mutual	63247
obligation of the public employer, by its representatives, and the	63248
representatives of its employees to negotiate in good faith at	63249
reasonable times and places with respect to wages, hours, terms,	63250
and other conditions of employment and the continuation,	63251
modification, or deletion of an existing provision of a collective	63252
bargaining agreement, with the intention of reaching an agreement,	63253
or to resolve questions arising under the agreement. "To bargain	63254
collectively" includes executing a written contract incorporating	63255
the terms of any agreement reached. The obligation to bargain	63256
collectively does not mean that either party is compelled to agree	63257
to a proposal nor does it require the making of a concession.	63258

(H) "Strike" means continuous concerted action in failing to	63259
report to duty; willful absence from one's position; or stoppage	63260
of work in whole from the full, faithful, and proper performance	63261
of the duties of employment, for the purpose of inducing,	63262
influencing, or coercing a change in wages, hours, terms, and	63263
other conditions of employment. "Strike" does not include a	63264
stoppage of work by employees in good faith because of dangerous	63265
or unhealthful working conditions at the place of employment that	63266
are abnormal to the place of employment.	63267

(I) "Unauthorized strike" includes, but is not limited to,	63268
concerted action during the term or extended term of a collective	63269
bargaining agreement or during the pendency of the settlement	63270
procedures set forth in section 4117.14 of the Revised Code in	63271
failing to report to duty; willful absence from one's position;	63272
stoppage of work; slowdown, or abstinence in whole or in part from	63273
the full, faithful, and proper performance of the duties of	63274
employment for the purpose of inducing, influencing, or coercing a	63275
change in wages, hours, terms, and other conditions of employment.	63276
"Unauthorized strike" includes any such action, absence, stoppage,	63277
slowdown, or abstinence when done partially or intermittently,	63278
whether during or after the expiration of the term or extended	63279
term of a collective bargaining agreement or during or after the	63280
pendency of the settlement procedures set forth in section 4117.14	63281
of the Revised Code.	63282

(J) "Professional employee" means any employee engaged in	63283
work that is predominantly intellectual, involving the consistent	63284
exercise of discretion and judgment in its performance and	63285
requiring knowledge of an advanced type in a field of science or	63286
learning customarily acquired by a prolonged course in an	63287
institution of higher learning or a hospital, as distinguished	63288
from a general academic education or from an apprenticeship; or an	63289
employee who has completed the courses of specialized intellectual	63290
instruction and is performing related work under the supervision	63291
of a professional person to become qualified as a professional	63292
employee.	63293

(K) "Confidential employee" means any employee who works in	63294
the personnel offices of a public employer and deals with	63295
information to be used by the public employer in collective	63296
bargaining; or any employee who works in a close continuing	63297
relationship with public officers or representatives directly	63298
participating in collective bargaining on behalf of the employer.	63299

(L) "Management level employee" means an individual who	63300
formulates policy on behalf of the public employer, who	63301
responsibly directs the implementation of policy, or who may	63302
reasonably be required on behalf of the public employer to assist	63303
in the preparation for the conduct of collective negotiations,	63304
administer collectively negotiated agreements, or have a major	63305
role in personnel administration. Assistant superintendents,	63306
principals, and assistant principals whose employment is governed	63307
by section 3319.02 of the Revised Code are management level	63308
employees. With respect to members of a faculty of a state	63309
institution of higher education, no person is a management level	63310
employee because of the person's involvement in the formulation or	63311
implementation of academic or institution policy.	63312

(M) "Wages" means hourly rates of pay, salaries, or other	63313
forms of compensation for services rendered.	63314

(N) "Member of a police department" means a person who is in	63315
the employ of a police department of a municipal corporation as a	63316
full-time regular police officer as the result of an appointment	63317
from a duly established civil service eligibility list or under	63318
section 737.15 or 737.16 of the Revised Code, a full-time deputy	63319
sheriff appointed under section 311.04 of the Revised Code, a	63320
township constable appointed under section 509.01 of the Revised	63321
Code, or a member of a township police district police department	63322
appointed under section 505.49 of the Revised Code.	63323

(O) "Members of the state highway patrol" means highway	63324
patrol troopers and radio operators appointed under section	63325
5503.01 of the Revised Code.	63326

(P) "Member of a fire department" means a person who is in	63327
the employ of a fire department of a municipal corporation or a	63328
township as a fire cadet, full-time regular firefighter, or	63329
promoted rank as the result of an appointment from a duly	63330
established civil service eligibility list or under section	63331
505.38, 709.012, or 737.22 of the Revised Code.	63332

(Q) "Day" means calendar day.

63333

Sec. 4117.03. (A) Public employees have the right to:

63334

(1) Form, join, assist, or participate in, or refrain from	63335
forming, joining, assisting, or participating in, except as	63336
otherwise provided in Chapter 4117. of the Revised Code, any	63337
employee organization of their own choosing;	63338

(2) Engage in other concerted activities for the purpose of	63339
collective bargaining or other mutual aid and protection;	63340

(3) Representation by an employee organization;

63341

(4) Bargain collectively with their public employers to	63342
determine wages, hours, terms and other conditions of employment	63343
and the continuation, modification, or deletion of an existing	63344
provision of a collective bargaining agreement, and enter into	63345
collective bargaining agreements;	63346

(5) Present grievances and have them adjusted, without the	63347
intervention of the bargaining representative, as long as the	63348
adjustment is not inconsistent with the terms of the collective	63349
bargaining agreement then in effect and as long as the bargaining	63350
representatives have the opportunity to be present at the	63351
adjustment.	63352

(B) Persons on active duty or acting in any capacity as	63353
members of the organized militia do not have collective bargaining	63354
rights. Employees of a community school established under Chapter	63355
3314. of the Revised Code do not have collective bargaining	63356
rights. A community school established under Chapter 3314. of the	63357
Revised Code shall not bargain collectively with its employees,	63358
except as provided in section 3314.10 of the Revised Code.	63359

(C) Except as provided in division (D) of this section,	63360
nothing in Chapter 4117. of the Revised Code prohibits public	63361
employers from electing to engage in collective bargaining, to	63362
meet and confer, to hold discussions, or to engage in any other	63363
form of collective negotiations with public employees who are not	63364
subject to Chapter 4117. of the Revised Code pursuant to division	63365
(C) of section 4117.01 of the Revised Code.	63366

(D) A public employer shall not engage in collective	63367
bargaining or other forms of collective negotiations with the	63368
employees of county boards of elections referred to in division	63369
(C)(12) of section 4117.01 of the Revised Code.	63370

(E) Employees of public schools may bargain collectively for	63371
health care benefits; however, all health care benefits shall	63372
include best practices prescribed by the school employees health	63373
care board, in accordance with section 9.901 of the Revised Code.	63374

Sec. 4117.06. (A) The state employment relations board shall	63375
decide in each case the unit appropriate for the purposes of	63376
collective bargaining. The determination is final and conclusive	63377
and not appealable to the court.	63378

(B) The board shall determine the appropriateness of each	63379
bargaining unit and shall consider among other relevant factors:	63380
the desires of the employees; the community of interest; wages,	63381
hours, and other working conditions of the public employees; the	63382
effect of over-fragmentation; the efficiency of operations of the	63383
public employer; the administrative structure of the public	63384
employer; and the history of collective bargaining.	63385

(C) The board may determine a unit to be the appropriate unit	63386
in a particular case, even though some other unit might also be	63387
appropriate.	63388

(D) In addition, in determining the appropriate unit, the	63389
board shall not:	63390

(1) Decide that any unit is appropriate if the unit includes	63391
both professional and nonprofessional employees, unless a majority	63392
of the professional employees and a majority of the	63393
nonprofessional employees first vote for inclusion in the unit;	63394

(2) Include guards or correction officers at correctional or	63395
mental institutions, special police officers appointed in	63396
accordance with sections 5119.14 and 5123.13 of the Revised Code,	63397
psychiatric attendants employed at mental health forensic	63398
facilities, youth leaders employed at juvenile correction	63399
facilities, or any public employee employed as a guard to enforce	63400
against other employees rules to protect property of the employer	63401
or to protect the safety of persons on the employer's premises in	63402
a unit with other employees;	63403

(3) Include members of a police or fire department or members	63404
of the state highway patrol in a unit with other classifications	63405
of public employees of the department;	63406

(4) Designate as appropriate a bargaining unit that contains	63407
more than one institution of higher education; nor shall it within	63408
any such institution of higher education designate as appropriate	63409
a unit where such designation would be inconsistent with the	63410
accreditation standards or interpretations of such standards,	63411
governing such institution of higher education or any department,	63412
school, or college thereof. For the purposes of this division, any	63413
branch or regional campus of a public institution of higher	63414
education is part of that institution of higher education.	63415

(5) Designate as appropriate a bargaining unit that contains	63416
employees within the jurisdiction of more than one elected county	63417
office holder, unless the county-elected office holder and the	63418
board of county commissioners agree to such other designation;	63419

(6) With respect to members of a police department, designate	63420
as appropriate a unit that includes rank and file members of the	63421
department with members who are of the rank of sergeant or above;	63422

(7) Except as otherwise provided by division ~~(A)(3) of~~	63423
~~section 3314.10 or division~~ (B) of section 3326.18 of the Revised	63424
Code, designate as appropriate a bargaining unit that contains	63425
employees from multiple ~~community schools established under~~	63426
~~Chapter 3314. or multiple~~ science, technology, engineering, and	63427
mathematics schools established under Chapter 3326. of the Revised	63428
Code. For purposes of this division, more than one unit may be	63429
designated within a single ~~community school or~~ science,	63430
technology, engineering, and mathematics school.	63431

This section shall not be deemed to prohibit multiunit	63432
bargaining.	63433

Sec. 4123.27. Information contained in the annual statement	63434
provided for in section 4123.26 of the Revised Code, and such	63435
other information as may be furnished to the bureau of workers'	63436
compensation by employers in pursuance of that section, is for the	63437
exclusive use and information of the bureau in the discharge of	63438
its official duties, and shall not be open to the public nor be	63439
used in any court in any action or proceeding pending therein	63440
unless the bureau is a party to the action or proceeding; but the	63441
information contained in the statement may be tabulated and	63442
published by the bureau in statistical form for the use and	63443
information of other state departments and the public. No person	63444
in the employ of the bureau, except those who are authorized by	63445
the administrator of workers' compensation, shall divulge any	63446
information secured by the person while in the employ of the	63447
bureau in respect to the transactions, property, claim files,	63448
records, or papers of the bureau or in respect to the business or	63449
mechanical, chemical, or other industrial process of any company,	63450
firm, corporation, person, association, partnership, or public	63451
utility to any person other than the administrator or to the	63452
superior of such employee of the bureau.	63453

Notwithstanding the restrictions imposed by this section, the	63454
governor, select or standing committees of the general assembly,	63455
the auditor of state, the attorney general, or their designees,	63456
pursuant to the authority granted in this chapter and Chapter	63457
4121. of the Revised Code, may examine any records, claim files,	63458
or papers in possession of the industrial commission or the	63459
bureau. They also are bound by the privilege that attaches to	63460
these papers.	63461

The administrator shall report to the director of job and	63462
family services or to the county director of job and family	63463
services the name, address, and social security number or other	63464
identification number of any person receiving workers'	63465
compensation whose name or social security number or other	63466
identification number is the same as that of a person required by	63467
a court or child support enforcement agency to provide support	63468
payments to a recipient or participant of public assistance, as	63469
that term is defined in section 5101.181 of the Revised Code, and	63470
whose name is submitted to the administrator by the director under	63471
section 5101.36 of the Revised Code. The administrator also shall	63472
inform the director of the amount of workers' compensation paid to	63473
the person during such period as the director specifies.	63474

Within fourteen days after receiving from the director of job	63475
and family services a list of the names and social security	63476
numbers of recipients or participants of public assistance	63477
pursuant to section 5101.181 of the Revised Code, the	63478
administrator shall inform the auditor of state of the name,	63479
current or most recent address, and social security number of each	63480
person receiving workers' compensation pursuant to this chapter	63481
whose name and social security number are the same as that of a	63482
person whose name or social security number was submitted by the	63483
director. The administrator also shall inform the auditor of state	63484
of the amount of workers' compensation paid to the person during	63485
such period as the director specifies.	63486

The bureau and its employees, except for purposes of	63487
furnishing the auditor of state with information required by this	63488
section, shall preserve the confidentiality of recipients or	63489
participants of public assistance in compliance with ~~division (A)~~	63490
of section 5101.181 of the Revised Code.	63491

~~For the purposes of this section, "public assistance" means~~	63492
~~medical assistance provided through the medical assistance program~~	63493
~~established under section 5111.01 of the Revised Code, Ohio works~~	63494
~~first provided under Chapter 5107. of the Revised Code,~~	63495
~~prevention, retention, and contingency benefits and services~~	63496
~~provided under Chapter 5108. of the Revised Code, or disability~~	63497
~~financial assistance provided under Chapter 5115. of the Revised~~	63498
~~Code.~~	63499

Sec. 4131.03. (A) For the relief of persons who are entitled	63500
to receive benefits by virtue of the federal act, there is hereby	63501
established a coal-workers pneumoconiosis fund, which shall be	63502
separate from the funds established and administered pursuant to	63503
Chapter 4123. of the Revised Code. The fund shall consist of	63504
premiums and other payments thereto by subscribers who elect to	63505
subscribe to the fund to insure the payment of benefits required	63506
by the federal act.	63507

(B)(1) The coal-workers pneumoconiosis fund shall be in the	63508
custody of the treasurer of state. The bureau of workers'	63509
compensation shall make disbursements from the fund to those	63510
persons entitled to payment therefrom and in the amounts required	63511
pursuant to sections 4131.01 to 4131.06 of the Revised Code. All	63512
investment earnings of the fund shall be credited to the fund.	63513

(2) ~~The~~Beginning July 1, 2011, and ending June 30, 2013, the	63514
director of natural resources annually may request the	63515
administrator of workers' compensation to transfer a portion of	63516
the investment earnings credited to the coal-workers	63517
pneumoconiosis fund as provided in this division. If the	63518
administrator receives a request from the director, the	63519
administrator ~~of workers' compensation may~~, on the first day of	63520
July, or as soon as possible after that date, shall transfer a	63521
~~portion of~~from the investment earnings credited to the	63522
coal-workers pneumoconiosis fund an amount not to exceed three	63523
million dollars to the mine safety fund created in section 1561.24	63524
of the Revised Code for the purposes specified in that section and	63525
an amount not to exceed one million five hundred thousand dollars	63526
to the coal mining administration and reclamation reserve fund	63527
created in section 1513.181 of the Revised Code for the purposes	63528
specified in that section. The administrator, with the advice and	63529
consent of the bureau of workers' compensation board of directors,	63530
shall adopt rules governing the transfer in order to ensure the	63531
solvency of the coal-workers pneumoconiosis fund. For that	63532
purpose, the rules may establish tests based on measures of net	63533
assets, liabilities, expenses, interest, dividend income, or other	63534
factors that the administrator determines appropriate that may be	63535
applied prior to a transfer.	63536

(C) The administrator shall have the same powers to invest	63537
any of the surplus or reserve belonging to the coal-workers	63538
pneumoconiosis fund as are delegated to the administrator under	63539
section 4123.44 of the Revised Code with respect to the state	63540
insurance fund.	63541

(D) If the administrator determines that reinsurance of the	63542
risks of the coal-workers pneumoconiosis fund is necessary to	63543
assure solvency of the fund, the administrator may:	63544

(1) Enter into contracts for the purchase of reinsurance	63545
coverage of the risks of the fund with any company or agency	63546
authorized by law to issue contracts of reinsurance;	63547

(2) Pay the cost of reinsurance from the fund;

63548

(3) Include the costs of reinsurance as a liability and	63549
estimated liability of the fund.	63550

Sec. 4141.08. (A) There is hereby created an unemployment	63551
compensation advisory council appointed as follows:	63552

(1) Three members who on account of their vocation,	63553
employment, or affiliations can be classed as representative of	63554
employers and three members who on account of their vocation,	63555
employment, or affiliation can be classed as representatives of	63556
employees appointed by the governor with the advice and consent of	63557
the senate. All appointees shall be persons whose training and	63558
experience qualify them to deal with the difficult problems of	63559
unemployment compensation, particularly with respect to the legal,	63560
accounting, actuarial, economic, and social aspects of	63561
unemployment compensation;	63562

(2) The chairpersons of the standing committees of the senate	63563
and the house of representatives to which legislation pertaining	63564
to Chapter 4141. of the Revised Code is customarily referred;	63565

(3) Two members of the senate appointed by the president of	63566
the senate; and	63567

(4) Two members of the house of representatives appointed by	63568
the speaker of the house of representatives.	63569

The speaker and the president shall arrange that of the six	63570
legislative members appointed to the council, not more than three	63571
are members of the same political party.	63572

(B) Members appointed by the governor shall serve for a term	63573
of four years, each term ending on the same day as the date of	63574
their original appointment. Legislative members shall serve during	63575
the session of the general assembly to which they are elected and	63576
for as long as they are members of the general assembly. Vacancies	63577
shall be filled in the same manner as the original appointment but	63578
only for the unexpired part of a term.	63579

(C) Members of the council shall serve without salary but,	63580
notwithstanding section 101.26 of the Revised Code, shall be paid	63581
a meeting stipend of fifty dollars per day each and their actual	63582
and necessary expenses while engaged in the performance of their	63583
duties as members of the council which shall be paid from funds	63584
allocated to pay the expenses of the council pursuant to this	63585
section.	63586

(D) The council shall organize itself and select a	63587
chairperson or co-chairpersons and other officers and committees	63588
as it considers necessary. Seven members constitute a quorum and	63589
the council may act only upon the affirmative vote of seven	63590
members. The council shall meet at least once each calendar	63591
quarter but it may meet more often as the council considers	63592
necessary or at the request of the chairperson.	63593

(E) The council may employ professional and clerical	63594
assistance as it considers necessary and may request of the	63595
director of job and family services assistance as it considers	63596
necessary. The director shall furnish the council with office and	63597
meeting space as requested by the council.	63598

(F) The director shall pay the operating expenses of the	63599
council ~~as determined by the council~~ from moneys in the	63600
unemployment compensation special administrative fund established	63601
in section 4141.11 of the Revised Code.	63602

(G) The council shall have access to only the records of the	63603
department of job and family services that are necessary for the	63604
administration of this chapter and to the reasonable services of	63605
the employees of the department. It may request the director, or	63606
any of the employees appointed by the director, or any employer or	63607
employee subject to this chapter, to appear before it and to	63608
testify relative to the functioning of this chapter and to other	63609
relevant matters. The council may conduct research of its own,	63610
make and publish reports, and recommend to the director, the	63611
unemployment compensation review commission, the governor, or the	63612
general assembly needed changes in this chapter, or in the rules	63613
of the department as it considers necessary.	63614

Sec. 4141.11. There is hereby created in the state treasury	63615
the unemployment compensation special administrative fund. The	63616
fund shall consist of all interest collected on delinquent	63617
contributions pursuant to this chapter, all fines and forfeitures	63618
collected under this chapter, and all court costs and interest	63619
paid or collected in connection with the repayment of fraudulently	63620
obtained benefits pursuant to section 4141.35 of the Revised Code.	63621
All interest earned on the money in the fund shall be retained in	63622
the fund and shall not be credited or transferred to any other	63623
fund or account, except as provided in division (B) of this	63624
section. All moneys which are deposited or paid into this fund may	63625
be used by:	63626

(A) The director of job and family services ~~with the approval~~	63627
~~of the unemployment compensation advisory council~~ whenever it	63628
appears that such use is necessary for:	63629

(1) The proper administration of this chapter and no federal	63630
funds are available for the specific purpose for which the	63631
expenditure is to be made, provided the moneys are not substituted	63632
for appropriations from federal funds, which in the absence of	63633
such moneys would be available;	63634

(2) The proper administration of this chapter for which	63635
purpose appropriations from federal funds have been requested and	63636
approved but not received, provided the fund would be reimbursed	63637
upon receipt of the federal appropriation;	63638

(3) To the extent possible, the repayment to the unemployment	63639
compensation administration fund of moneys found by the proper	63640
agency of the United States to have been lost or expended for	63641
purposes other than, or an amount in excess of, those found	63642
necessary by the proper agency of the United States for the	63643
administration of this chapter.	63644

(B) The director or the director's deputy whenever it appears	63645
that such use is necessary for the payment of refunds or	63646
adjustments of interest, fines, forfeitures, or court costs	63647
erroneously collected and paid into this fund pursuant to this	63648
chapter.	63649

(C) The director, to pay state disaster unemployment benefits	63650
pursuant to section 4141.292 of the Revised Code. ~~The director~~	63651
~~need not have prior approval from the council to make these~~	63652
~~payments.~~	63653

(D) The director, to pay any costs attributable to the	63654
director that are associated with the sale of real property under	63655
section 4141.131 of the Revised Code. ~~The director need not have~~	63656
~~prior approval from the council to make these payments.~~	63657

Whenever the balance in the unemployment compensation special	63658
administrative fund is considered to be excessive by the ~~council~~	63659
director, the director shall request the director of budget and	63660
management to transfer to the unemployment compensation fund the	63661
amount considered to be excessive. Any balance in the unemployment	63662
compensation special administrative fund shall not lapse at any	63663
time, but shall be continuously available to the director of ~~jobs~~	63664
job and family services ~~or to the council~~ for expenditures	63665
consistent with this chapter.	63666

Sec. 4141.33. (A) "Seasonal employment" means employment of	63667
individuals hired primarily to perform services in an industry	63668
which because of climatic conditions or because of the seasonal	63669
nature of such industry it is customary to operate only during	63670
regularly recurring periods of forty weeks or less in any	63671
consecutive fifty-two weeks. "Seasonal employer" means an employer	63672
determined by the director of job and family services to be an	63673
employer whose operations and business, with the exception of	63674
certain administrative and maintenance operations, are	63675
substantially all in a seasonal industry. Any employer who claims	63676
to have seasonal employment in a seasonal industry may file with	63677
the director a written application for classification of such	63678
employment as seasonal. Whenever in any industry it is customary	63679
to operate because of climatic conditions or because of the	63680
seasonal nature of such industry only during regularly recurring	63681
periods of forty weeks or less duration, benefits shall be payable	63682
only during the longest seasonal periods which the best practice	63683
of such industry will reasonably permit. The director shall	63684
determine, after investigation, hearing, and due notice, whether	63685
the industry is seasonal and, if seasonal, establish seasonal	63686
periods for such seasonal employer. Until such determination by	63687
the director, no industry or employment shall be deemed seasonal.	63688

(B) When the director has determined such seasonal periods,	63689
the director shall also establish the proportionate number of	63690
weeks of employment and earnings required to qualify for seasonal	63691
benefit rights in place of the weeks of employment and earnings	63692
requirement stipulated in division (R) of section 4141.01 and	63693
section 4141.30 of the Revised Code, and the proportionate number	63694
of weeks for which seasonal benefits may be paid. An individual	63695
whose base period employment consists of only seasonal employment	63696
for a single seasonal employer and who meets the employment and	63697
earnings requirements determined by the director pursuant to this	63698
division will have benefit rights determined in accordance with	63699
this division. Benefit charges for such seasonal employment shall	63700
be computed and charged in accordance with division (D) of section	63701
4141.24 of the Revised Code. The director may adopt rules for	63702
implementation of this section.	63703

(C) AnExcept as otherwise provided in division (D) of this	63704
section, an individual whose base period employment consists of	63705
either seasonal employment with two or more seasonal employers or	63706
both seasonal employment and nonseasonal employment with employers	63707
subject to this chapter, will have benefit rights determined in	63708
accordance with division (R) of section 4141.01 and section	63709
4141.30 of the Revised Code. Benefit charges for both seasonal and	63710
nonseasonal employment shall be computed and charged in accordance	63711
with division (D) of section 4141.24 of the Revised Code. The	63712
total seasonal and nonseasonal benefits during a benefit year	63713
cannot exceed twenty-six times the weekly benefit amount.	63714

(D) Benefits shall not be paid to any individual on the basis	63715
of any services, substantially all of which consist of	63716
participating in sports or athletic events or training or	63717
preparing to so participate, or for any services performed in	63718
seasonal employment, for any week ~~which~~that commences during the	63719
period between two successive sport seasons, two successive	63720
seasonal periods, or similar periods, if the individual performed	63721
services in the first of the seasons, seasonal periods, or similar	63722
periods, and there is a reasonable assurance that the individual	63723
will perform services in the later of the seasons, seasonal	63724
periods, or similar periods.	63725

(1) The term "reasonable assurance" as used in this division	63726
means a written, verbal, or implied agreement that the individual	63727
will perform services in the same or similar capacity during the	63728
ensuing sports season or seasonal period.	63729

(2) The director shall adopt rules concerning the eligibility	63730
for benefits of individuals under this division.	63731

Sec. 4301.12. The division of liquor control shall provide	63732
for the custody, safekeeping, and deposit of all moneys, checks,	63733
and drafts received by it or any of its employees or agents prior	63734
to paying them to the treasurer of state as provided by section	63735
113.08 of the Revised Code.	63736

A sum equal to three dollars and thirty-eight cents for each	63737
gallon of spirituous liquor sold by the division, JobsOhio, or a	63738
designee of JobsOhio during the period covered by the payment	63739
shall be paid into the state treasury to the credit of the general	63740
revenue fund. All moneys received from permit fees, except B-2a	63741
and S permit fees from B-2a and S permit holders who do not also	63742
hold A-2 permits, shall be paid to the credit of the undivided	63743
liquor permit fund established by section 4301.30 of the Revised	63744
Code.	63745

Except as otherwise provided by law, all moneys collected	63746
under Chapters 4301. and 4303. of the Revised Code shall be paid	63747
by the division into the state treasury to the credit of the	63748
liquor control fund, which is hereby created. In addition, revenue	63749
resulting from any contracts with the department of commerce	63750
pertaining to the responsibilities and operations described in	63751
this chapter may be credited to the fund. Amounts in the liquor	63752
control fund may be used to pay the operating expenses of the	63753
liquor control commission.	63754

Whenever, in the judgment of the director of budget and	63755
management, the amount in the liquor control fund is in excess of	63756
that needed to meet the maturing obligations of the division, as	63757
working capital for its further operations, to pay the operating	63758
expenses of the commission, and for the alcohol testing program	63759
under section 3701.143 of the Revised Code, the director shall	63760
transfer the excess to the credit of the general revenue fund. If	63761
the director determines that the amount in the liquor control fund	63762
is insufficient, the director may transfer money from the general	63763
revenue fund to the liquor control fund.	63764

Sec. 4301.43. (A) As used in sections 4301.43 to 4301.50 of	63765
the Revised Code:	63766

(1) "Gallon" or "wine gallon" means one hundred twenty-eight	63767
fluid ounces.	63768

(2) "Sale" or "sell" includes exchange, barter, gift,	63769
distribution, and, except with respect to A-4 permit holders,	63770
offer for sale.	63771

(B) For the purposes of providing revenues for the support of	63772
the state and encouraging the grape industries in the state, a tax	63773
is hereby levied on the sale or distribution of wine in Ohio,	63774
except for known sacramental purposes, at the rate of thirty cents	63775
per wine gallon for wine containing not less than four per cent of	63776
alcohol by volume and not more than fourteen per cent of alcohol	63777
by volume, ninety-eight cents per wine gallon for wine containing	63778
more than fourteen per cent but not more than twenty-one per cent	63779
of alcohol by volume, one dollar and eight cents per wine gallon	63780
for vermouth, and one dollar and forty-eight cents per wine gallon	63781
for sparkling and carbonated wine and champagne, the tax to be	63782
paid by the holders of A-2 and B-5 permits or by any other person	63783
selling or distributing wine upon which no tax has been paid. From	63784
the tax paid under this section on wine, vermouth, and sparkling	63785
and carbonated wine and champagne, the treasurer of state shall	63786
credit to the Ohio grape industries fund created under section	63787
924.54 of the Revised Code a sum equal to one cent per gallon for	63788
each gallon upon which the tax is paid.	63789

(C) For the purpose of providing revenues for the support of	63790
the state, there is hereby levied a tax on prepared and bottled	63791
highballs, cocktails, cordials, and other mixed beverages at the	63792
rate of one dollar and twenty cents per wine gallon to be paid by	63793
holders of A-4 permits or by any other person selling or	63794
distributing those products upon which no tax has been paid. Only	63795
one sale of the same article shall be used in computing the amount	63796
of tax due. The tax on mixed beverages to be paid by holders of	63797
A-4 permits under this section shall not attach until the	63798
ownership of the mixed beverage is transferred for valuable	63799
consideration to a wholesaler or retailer, and no payment of the	63800
tax shall be required prior to that time.	63801

(D) During the period of July 1, ~~2009~~2011, through June 30,	63802
~~2011~~2013, from the tax paid under this section on wine, vermouth,	63803
and sparkling and carbonated wine and champagne, the treasurer of	63804
state shall credit to the Ohio grape industries fund created under	63805
section 924.54 of the Revised Code a sum equal to two cents per	63806
gallon upon which the tax is paid. The amount credited under this	63807
division is in addition to the amount credited to the Ohio grape	63808
industries fund under division (B) of this section.	63809

(E) For the purpose of providing revenues for the support of	63810
the state, there is hereby levied a tax on cider at the rate of	63811
twenty-four cents per wine gallon to be paid by the holders of A-2	63812
and B-5 permits or by any other person selling or distributing	63813
cider upon which no tax has been paid. Only one sale of the same	63814
article shall be used in computing the amount of the tax due.	63815

Sec. 4303.02. Permit A-1 may be issued to a manufacturer to	63816
manufacture beer and sell beer products in bottles or containers	63817
for home use and to retail and wholesale permit holders under	63818
rules ~~promulgated~~adopted by the division of liquor control. In	63819
addition, an A-1 permit holder may sell beer and beer products at	63820
retail, by individual drink in a glass or from a container, for	63821
consumption on the premises where sold. The fee for this permit is	63822
three thousand nine hundred six dollars for each plant during the	63823
year covered by the permit.	63824

Sec. 4303.208. (A)(1) The division of liquor control may	63825
issue an F-8 permit to aeither of the following:	63826

(a) A nonprofit corporation that operates a park on property	63827
leased from a municipal corporation or a nonprofit corporation	63828
that provides or manages entertainment programming pursuant to an	63829
agreement with a nonprofit corporation that operates a park on	63830
property leased from a municipal corporation to sell beer or	63831
intoxicating liquor by the individual drink at specific events	63832
conducted within the park property and appurtenant streets, but	63833
only if, and only at times at which, the sale of beer and	63834
intoxicating liquor on the premises is otherwise permitted by law.	63835
Additionally, an F-8 permit may be issued only if the park	63836
property is located in a county that has a population of between	63837
one million one hundred thousand and one million two hundred	63838
thousand on the effective date of this amendment.	63839

(b) A not-for-profit organization that manages, for the	63840
benefit of the public and by contract with a political subdivision	63841
of this state, publicly owned property to sell beer or	63842
intoxicating liquor by the individual drink at specific events	63843
conducted on the publicly owned property and appurtenant streets,	63844
but only if, and then only at times at which, the sale of beer and	63845
intoxicating liquor on the premises is otherwise permitted by law.	63846
Additionally, an F-8 permit may be issued only if the publicly	63847
owned property is located in a county that has a population of	63848
between seven hundred fifty thousand and nine hundred thousand on	63849
~~the effective date of this section~~July 10, 2007.	63850

(2) The premises on which an F-8 permit will be used shall be	63851
clearly defined and sufficiently restricted to allow proper	63852
supervision of the permit's use by state and local law enforcement	63853
officers. Sales under an F-8 permit shall be confined to the same	63854
hours permitted to the holder of a D-3 permit.	63855

(3) The fee for an F-8 permit is one thousand seven hundred	63856
dollars. An F-8 permit is effective for a period not to exceed	63857
nine months as specified in the permit. An F-8 permit is not	63858
transferable or renewable. However, the holder of an F-8 permit	63859
may apply for a new F-8 permit at any time. An F-8 permit is not	63860
effective until any F-8 permit currently held expires. The holder	63861
of an F-8 permit shall make sales only at those specific events	63862
about which the permit holder has notified in advance the division	63863
of liquor control, the department of public safety, and the chief,	63864
sheriff, or other principal peace officer of the local law	63865
enforcement agencies having jurisdiction over the premises.	63866

(B)(1) An application for the issuance of an F-8 permit is	63867
subject to the notice and hearing requirements established in	63868
division (A) of section 4303.26 of the Revised Code.	63869

(2) The liquor control commission shall adopt under Chapter	63870
119. of the Revised Code rules necessary to administer this	63871
section.	63872

(C) No F-8 permit holder shall sell beer or intoxicating	63873
liquor beyond the hours of sale allowed by the permit. This	63874
division imposes strict liability on the holder of an F-8 permit	63875
and on any officer, agent, or employee of that permit holder.	63876

Sec. 4313.01. As used in this chapter:

63877

(A) "Enterprise acquisition project" means, as applicable,	63878
all or any portion of the capital or other assets of the	63879
spirituous liquor distribution and merchandising operations of the	63880
division of liquor control, including, without limitation,	63881
inventory, real property rights, equipment, furnishings, the	63882
spirituous liquor distribution system including transportation,	63883
the monetary management system, warehouses, contract rights,	63884
rights to take assignment of contracts and related receipts and	63885
revenues, accounts receivable, the exclusive right to manage and	63886
control spirituous liquor distribution and merchandising and to	63887
sell spirituous liquor in the state subject to the control of the	63888
division of liquor control pursuant to the terms of the transfer	63889
agreement, and all necessary appurtenances thereto, or leasehold	63890
interests therein, and the assets and liabilities of the	63891
facilities establishment fund.	63892

(B) "JobsOhio" means the nonprofit corporation formed under	63893
section 187.01 of the Revised Code and includes any subsidiary of	63894
that corporation unless otherwise specified or clearly implied	63895
from the context, together with any successor or assignee of that	63896
corporation or any such subsidiary if and to the extent permitted	63897
by the transfer agreement or Chapter 187. of the Revised Code.	63898

(C) "Spirituous liquor profits" means all receipts	63899
representing the gross profit on the sale of spirituous liquor, as	63900
referred to in division (B)(4) of section 4301.10 of the Revised	63901
Code, less the costs, expenses, and working capital provided	63902
for therein, but excluding the sum required by the second	63903
paragraph of section 4301.12 of the Revised Code, as in effect on	63904
May 2, 1980, to be paid into the state treasury, provided that	63905
from and after the initial transfer of the enterprise acquisition	63906
project to JobsOhio and until the transfer back to the state under	63907
division (D) of section 4313.02 of the Revised Code, the reference	63908
in division (B)(4) of section 4301.10 of the Revised Code to all	63909
costs and expenses of the division and also an adequate working	63910
capital reserve for the division shall be to all costs and	63911
expenses of JobsOhio and providing an adequate working capital	63912
reserve for JobsOhio.	63913

(D) "Transfer" means an assignment and sale, conveyance,	63914
granting of a franchise, lease, or transfer of all or an interest.	63915

(E) "Transfer agreement" means the agreement entered into	63916
between the state and JobsOhio providing for the transfer of the	63917
enterprise acquisition project pursuant to section 4313.02 of the	63918
Revised Code and any amendments or supplements thereto.	63919

Sec. 4313.02. (A) The state may transfer to JobsOhio, and	63920
JobsOhio may accept the transfer of, all or a portion of the	63921
enterprise acquisition project for a transfer price payable by	63922
JobsOhio to the state. Any such transfer shall be treated as an	63923
absolute conveyance and true sale of the interest in the	63924
enterprise acquisition project purported to be conveyed for all	63925
purposes, and not as a pledge or other security interest. The	63926
characterization of any such transfer as a true sale and absolute	63927
conveyance shall not be negated or adversely affected by the	63928
acquisition or retention by the state of a residual interest in	63929
the enterprise acquisition project, the participation of any state	63930
officer or employee as a member or officer of, or provision of	63931
staff support to, JobsOhio, any responsibility an officer or	63932
employee of the state may have to collect amounts to be received	63933
by JobsOhio from the enterprise acquisition project, or the	63934
retention of the state of any legal title to or interest in any	63935
portion of the enterprise acquisition project for the purpose of	63936
these collection activities, or any characterization of JobsOhio	63937
or obligations of JobsOhio under accounting, taxation, or	63938
securities regulations, or any other reason whatsoever. An	63939
absolute conveyance and true sale or lease shall exist under this	63940
section regardless of whether JobsOhio has any recourse against	63941
the state or the treatment or characterization of the transfer as	63942
a financing for any purpose. Upon and following the transfer, the	63943
state shall not have any right, title, or interest in the	63944
enterprise acquisition project so transferred other than any	63945
residual interest that may be described in the transfer agreement	63946
pursuant to the following paragraph and division (D) of this	63947
section. Any determination of the fair market value of the	63948
enterprise acquisition project reflected in the transfer agreement	63949
shall be conclusive and binding on the state and JobsOhio.	63950

Any transfer of the enterprise acquisition project that is a	63951
lease or grant of a franchise shall be for a term not to exceed	63952
twenty-five years. Any transfer of the enterprise acquisition	63953
project that is an assignment and sale, conveyance, or other	63954
transfer shall contain a provision that the state shall have the	63955
option to have conveyed or transferred back to it, at no cost, the	63956
enterprise acquisition project, as it then exists, no later than	63957
twenty-five years after the original transfer authorized in the	63958
transfer agreement on such other terms as shall be provided in the	63959
transfer agreement.	63960

The exercise of the powers granted by this section will be	63961
for the benefit of the people of the state. As the services	63962
performed by JobsOhio will constitute the performance of essential	63963
government functions, all or any portion of the enterprise	63964
acquisition project transferred pursuant to the transfer agreement	63965
that would be exempt from real property taxes or assessments or	63966
real property taxes or assessments in the absence of such transfer	63967
shall, as it may from time to time exist thereafter, remain exempt	63968
from real property taxes or assessments levied by the state and	63969
its subdivisions to the same extent as if not transferred. The	63970
gross receipts and income of JobsOhio derived from the enterprise	63971
acquisition project shall be exempt from taxation levied by the	63972
state and its subdivisions, including, but not limited to, the	63973
taxes levied pursuant to Chapters 718., 5739., 5741., 5747., and	63974
5751. of the Revised Code. Any transfer from the state to JobsOhio	63975
of the enterprise acquisition project, or item included or to be	63976
included in the project, shall be exempt from the taxes levied	63977
pursuant to Chapters 5739. and 5741. of the Revised Code.	63978

(B) The proceeds of any transfer under division (A) of this	63979
section may be expended as provided in the transfer agreement for	63980
any one or more of the following purposes:	63981

(1) Funding, payment, or defeasance of outstanding bonds	63982
issued pursuant to Chapters 151. and 166. of the Revised Code and	63983
secured by pledged liquor profits as defined in section 151.40 of	63984
the Revised Code;	63985

(2) Deposit into the general revenue fund;

63986

(3) Deposit into the clean Ohio revitalization fund created	63987
pursuant to section 122.658 of the Revised Code, the innovation	63988
Ohio loan fund created pursuant to section 166.16 of the Revised	63989
Code, the research and development loan fund created pursuant to	63990
section 166.20 of the Revised Code, the logistics and distribution	63991
infrastructure fund created pursuant to section 166.26 of the	63992
Revised Code, the advanced energy research and development fund	63993
created pursuant to section 3706.27 of the Revised Code, and the	63994
advanced energy research and development taxable fund created	63995
pursuant to section 3706.27 of the Revised Code;	63996

(4) Conveyance to JobsOhio for the purposes for which it was	63997
created.	63998

(C)(1) The state may covenant, pledge, and agree in the	63999
transfer agreement, with and for the benefit of JobsOhio, that it	64000
shall maintain statutory authority for the enterprise acquisition	64001
project and the revenues of the enterprise acquisition project and	64002
not otherwise materially impair any obligations supported by a	64003
pledge of revenues of the enterprise acquisition project. The	64004
transfer agreement may provide or authorize the manner for	64005
determining material impairment of the security for any such	64006
outstanding obligations, including by assessing and evaluating the	64007
revenues of the enterprise acquisition project.	64008

(2) The governor, director of development, director of	64009
commerce, and director of budget and management may, without need	64010
for any other approval take any action and execute any documents,	64011
including any transfer agreements, necessary to effect the	64012
transfer and the acceptance of the transfer of the enterprise	64013
acquisition project. The director of budget and management,	64014
director of commerce, and director of development may also,	64015
without need for any other approval, retain or contract for the	64016
services of commercial appraisers, underwriters, investment	64017
bankers, and financial advisers, as are necessary in their	64018
judgment to effect the transfer agreement. Any transfer agreement	64019
may contain terms and conditions established by the state to carry	64020
out and effectuate the purposes of this section, including,	64021
without limitation, covenants binding the state in favor of	64022
JobsOhio. Any such transfer agreement shall be sufficient to	64023
effectuate the transfer without regard to any other laws governing	64024
other property sales or financial transactions by the state. The	64025
director of budget and management may create any funds or	64026
accounts, within or without the state treasury, as are needed for	64027
the transactions and activities authorized by this section.	64028

(3) The transfer agreement may authorize JobsOhio to sell,	64029
lease, release, or otherwise dispose of real and personal property	64030
or interests therein, or a combination thereof, acquired by	64031
JobsOhio under this section and no longer needed for the purposes	64032
of this chapter, the enterprise acquisition project, or JobsOhio,	64033
and to grant such easements and other interests and rights in,	64034
over, under, or across all or a portion of the enterprise	64035
acquisition project as will not interfere with its use of such	64036
property. Such sale, lease, release, disposition, or grant may be	64037
made without competitive bidding and in such manner and for such	64038
consideration as JobsOhio in its judgment deems appropriate.	64039
Subject to the provisions of the first sentence of this paragraph,	64040
ownership of the interest in the enterprise acquisition project	64041
that is transferred to JobsOhio under this section and the	64042
transfer agreement shall be maintained in JobsOhio or a nonprofit	64043
entity the sole member of which is JobsOhio until the enterprise	64044
acquisition project is transferred back to the state pursuant to	64045
the second paragraph of division (A) and division (D) of this	64046
section.	64047

(D) The transfer agreement may authorize JobsOhio to fix,	64048
alter, and collect rentals and other charges for the use and	64049
occupancy of all or any portion of the enterprise acquisition	64050
project and to lease any portion of the enterprise acquisition	64051
project to others, and shall include a contract with, or the	64052
granting of an option to, the state to have the enterprise	64053
acquisition project, as it then exists, transferred back to it	64054
without charge in accordance with the terms of the transfer	64055
agreement after retirement or redemption, or provision therefor,	64056
of all obligations supported by a pledge of spirituous liquor	64057
profits.	64058

(E) JobsOhio, the director of budget and management, the	64059
director of commerce, and the director of development may also,	64060
without need for any other approval, enter into a contract, which	64061
may be part of the transfer agreement, establishing terms and	64062
conditions for the assignment of certain duties to, and the	64063
provision of advice, services, and other assistance by, the	64064
division of liquor control with respect to the operation of the	64065
enterprise acquisition project, including providing for the	64066
necessary staffing and payment by JobsOhio of appropriate	64067
compensation to the division of liquor control for the performance	64068
of such duties and the provision of such advice, services, and	64069
other assistance.	64070

Sec. 4503.061. (A) All manufactured and mobile homes shall	64071
be listed on either the real property tax list or the manufactured	64072
home tax list of the county in which the home has situs. Each	64073
owner shall follow the procedures in this section to identify the	64074
home to the county auditor of the county containing the taxing	64075
district in which the home has situs so that the auditor may place	64076
the home on the appropriate tax list.	64077

(B) When a manufactured or mobile home first acquires situs	64078
in this state and is subject to real property taxation pursuant to	64079
division (B)(1) or (2) of section 4503.06 of the Revised Code, the	64080
owner shall present to the auditor of the county containing the	64081
taxing district in which the home has its situs the certificate of	64082
title for the home, together with proof that all taxes due have	64083
been paid and proof that a relocation notice was obtained for the	64084
home if required under this section. Upon receiving the	64085
certificate of title and the required proofs, the auditor shall	64086
place the home on the real property tax list and proceed to treat	64087
the home as other properties on that list. After the auditor has	64088
placed the home on the tax list of real and public utility	64089
property, the auditor shall deliver the certificate of title to	64090
the clerk of the court of common pleas that issued it pursuant to	64091
section 4505.11 of the Revised Code, and the clerk shall	64092
inactivate the certificate of title.	64093

(C)(1) When a manufactured or mobile home subject to a	64094
manufactured home tax is relocated to or first acquires situs in	64095
any county that has adopted a permanent manufactured home	64096
registration system, as provided in division (F) of this section,	64097
the owner, within thirty days after the home is relocated or first	64098
acquires situs under section 4503.06 of the Revised Code, shall	64099
register the home with the county auditor of the county containing	64100
the taxing district in which the home has its situs. For the first	64101
registration in each county of situs, the owner or vendee in	64102
possession shall present to the county auditor an Ohio certificate	64103
of title, certified copy of the certificate of title, or	64104
memorandum certificate of title as such are required by law, and	64105
proof, as required by the county auditor, that the home, if it has	64106
previously been occupied and is being relocated, has been	64107
previously registered, that all taxes due and required to be paid	64108
under division (H)(1) of this section before a relocation notice	64109
may be issued have been paid, and that a relocation notice was	64110
obtained for the home if required by division (H) of this section.	64111
If the owner or vendee does not possess the Ohio certificate of	64112
title, certified copy of the certificate of title, or memorandum	64113
certificate of title at the time the owner or vendee first	64114
registers the home in a county, the county auditor shall register	64115
the home without presentation of the document, but the owner or	64116
vendee shall present the certificate of title, certified copy of	64117
the certificate of title, or memorandum certificate of title to	64118
the county auditor within fourteen days after the owner or vendee	64119
obtains possession of the document.	64120

(2) When a manufactured or mobile home is registered for the	64121
first time in a county and when the total tax due has been paid as	64122
required by division (F) of section 4503.06 of the Revised Code or	64123
divisions (E) and (H) of this section, the county treasurer shall	64124
note by writing or by a stamp on the certificate of title,	64125
certified copy of certificate of title, or memorandum certificate	64126
of title that the home has been registered and that the taxes due,	64127
if any, have been paid for the preceding five years and for the	64128
current year. The treasurer shall then issue a certificate	64129
evidencing registration and a decal to be displayed on the street	64130
side of the home. The certificate is valid in any county in this	64131
state during the year for which it is issued.	64132

(3) For each year thereafter, the county treasurer shall	64133
issue a tax bill stating the amount of tax due under section	64134
4503.06 of the Revised Code, as provided in division (D)(6) of	64135
that section. When the total tax due has been paid as required by	64136
division (F) of that section, the county treasurer shall issue a	64137
certificate evidencing registration that shall be valid in any	64138
county in this state during the year for which the certificate is	64139
issued.	64140

(4) The permanent decal issued under this division is valid	64141
during the period of ownership, except that when a manufactured	64142
home is relocated in another county the owner shall apply for a	64143
new registration as required by this section and section 4503.06	64144
of the Revised Code.	64145

(D)(1) All owners of manufactured or mobile homes subject to	64146
the manufactured home tax being relocated to or having situs in a	64147
county that has not adopted a permanent registration system, as	64148
provided in division (F) of this section, shall register the home	64149
within thirty days after the home is relocated or first acquires	64150
situs under section 4503.06 of the Revised Code and thereafter	64151
shall annually register the home with the county auditor of the	64152
county containing the taxing district in which the home has its	64153
situs.	64154

(2) Upon the annual registration, the county treasurer shall	64155
issue a tax bill stating the amount of annual manufactured home	64156
tax due under section 4503.06 of the Revised Code, as provided in	64157
division (D)(6) of that section. When a manufactured or mobile	64158
home is registered and when the tax for the current one-half year	64159
has been paid as required by division (F) of that section, the	64160
county treasurer shall issue a certificate evidencing registration	64161
and a decal. The certificate and decal are valid in any county in	64162
this state during the year for which they are issued. The decal	64163
shall be displayed on the street side of the home.	64164

(3) For the first annual registration in each county of	64165
situs, the county auditor shall require the owner or vendee to	64166
present an Ohio certificate of title, certified copy of the	64167
certificate of title, or memorandum certificate of title as such	64168
are required by law, and proof, as required by the county auditor,	64169
that the manufactured or mobile home has been previously	64170
registered, if such registration was required, that all taxes due	64171
and required to be paid under division (H)(1) of this section	64172
before a relocation notice may be issued have been paid, and that	64173
a relocation notice was obtained for the home if required by	64174
division (H) of this section. If the owner or vendee does not	64175
possess the Ohio certificate of title, certified copy of the	64176
certificate of title, or memorandum certificate of title at the	64177
time the owner or vendee first registers the home in a county, the	64178
county auditor shall register the home without presentation of the	64179
document, but the owner or vendee shall present the certificate of	64180
title, certified copy of the certificate of title, or memorandum	64181
certificate of title to the county auditor within fourteen days	64182
after the owner or vendee obtains possession of the document. When	64183
the county treasurer receives the tax payment, the county	64184
treasurer shall note by writing or by a stamp on the certificate	64185
of title, certified copy of the certificate of title, or	64186
memorandum certificate of title that the home has been registered	64187
for the current year and that the manufactured home taxes due, if	64188
any, have been paid for the preceding five years and for the	64189
current year.	64190

(4) For subsequent annual registrations, the auditor may	64191
require the owner or vendee in possession to present an Ohio	64192
certificate of title, certified copy of the certificate of title,	64193
or memorandum certificate of title to the county treasurer upon	64194
payment of the manufactured home tax that is due.	64195

(E)(1) Upon the application to transfer ownership of a	64196
manufactured or mobile home for which manufactured home taxes are	64197
paid pursuant to division (C) of section 4503.06 of the Revised	64198
Code the clerk of the court of common pleas shall not issue any	64199
certificate of title that does not contain or have attached both	64200
of the following:	64201

(a) An endorsement of the county treasurer stating that the	64202
home has been registered for each year of ownership and that all	64203
manufactured home taxes imposed pursuant to section 4503.06 of the	64204
Revised Code have been paid or that no tax is due;	64205

(b) An endorsement of the county auditor that the	64206
manufactured home transfer tax imposed pursuant to section 322.06	64207
of the Revised Code and any fees imposed under division (G) of	64208
section 319.54 of the Revised Code have been paid.	64209

(2) If all the taxes have not been paid, the clerk shall	64210
notify the vendee to contact the county treasurer of the county	64211
containing the taxing district in which the home has its situs at	64212
the time of the proposed transfer. The county treasurer shall then	64213
collect all the taxes that are due for the year of the transfer	64214
and all previous years not exceeding a total of five years. The	64215
county treasurer shall distribute that part of the collection owed	64216
to the county treasurer of other counties if the home had its	64217
situs in another county during a particular year when the unpaid	64218
tax became due and payable. The burden to prove the situs of the	64219
home in the years that the taxes were not paid is on the	64220
transferor of the home. Upon payment of the taxes, the county	64221
auditor shall remove all remaining taxes from the manufactured	64222
home tax list and the delinquent manufactured home tax list, and	64223
the county treasurer shall release all liens for such taxes. The	64224
clerk of courts shall issue a certificate of title, free and clear	64225
of all liens for manufactured home taxes, to the transferee of the	64226
home.	64227

(3) Once the transfer is complete and the certificate of	64228
title has been issued, the transferee shall register the	64229
manufactured or mobile home pursuant to division (C) or (D) of	64230
this section with the county auditor of the county containing the	64231
taxing district in which the home remains after the transfer or,	64232
if the home is relocated to another county, with the county	64233
auditor of the county to which the home is relocated. The	64234
transferee need not pay the annual tax for the year of acquisition	64235
if the original owner has already paid the annual tax for that	64236
year.	64237

(F) The county auditor may adopt a permanent registration	64238
system and issue a permanent decal with the first registration as	64239
prescribed by the tax commissioner.	64240

(G) When any manufactured or mobile home required to be	64241
registered by this section is not registered, the county auditor	64242
shall impose a penalty of one hundred dollars upon the owner and	64243
deposit the amount to the credit of the county real estate	64244
assessment fund to be used to pay the costs of administering this	64245
section and section 4503.06 of the Revised Code. If unpaid, the	64246
penalty shall constitute a lien on the home and shall be added by	64247
the county auditor to the manufactured home tax list for	64248
collection.	64249

(H)(1) Except as otherwise provided in this division, before	64250
moving a manufactured or mobile home on public roads from one	64251
address within this state to another address within or outside	64252
this state, the owner of the home shall obtain a relocation	64253
notice, as provided by this section, from the auditor of the	64254
county in which the home is located if the home is currently	64255
subject to taxation pursuant to section 4503.06 of the Revised	64256
Code. The auditor shall charge five dollars for the notice, and	64257
deposit the amount to the credit of the county real estate	64258
assessment fund to be used to pay the costs of administering this	64259
section and section 4503.06 of the Revised Code. The auditor shall	64260
not issue a relocation notice unless all taxes owed on the home	64261
under section 4503.06 of the Revised Code that were first charged	64262
to the home during the period of ownership of the owner seeking	64263
the relocation notice have been paid. If the home is being moved	64264
by a new owner of the home or by a party taking repossession of	64265
the home, the auditor shall not issue a relocation notice unless	64266
all of the taxes due for the preceding five years and for the	64267
current year have been paid. A relocation notice issued by a	64268
county auditor is valid until the last day of December of the year	64269
in which it was issued.	64270

If the home is being moved by a sheriff, police officer,	64271
constable, bailiff, or manufactured home park operator, as defined	64272
in section ~~3733.01~~4781.01 of the Revised Code, or any agent of	64273
any of these persons, for purposes of removal from a manufactured	64274
home park and storage, sale, or destruction under section 1923.14	64275
of the Revised Code, the auditor shall issue a relocation notice	64276
without requiring payment of any taxes owed on the home under	64277
section 4503.06 of the Revised Code.	64278

(2) If a manufactured or mobile home is not yet subject to	64279
taxation under section 4503.06 of the Revised Code, the owner of	64280
the home shall obtain a relocation notice from the dealer of the	64281
home. Within thirty days after the manufactured or mobile home is	64282
purchased, the dealer of the home shall provide the auditor of the	64283
county in which the home is to be located written notice of the	64284
name of the purchaser of the home, the registration number or	64285
vehicle identification number of the home, and the address or	64286
location to which the home is to be moved. The county auditor	64287
shall provide to each manufactured and mobile home dealer, without	64288
charge, a supply of relocation notices to be distributed to	64289
purchasers pursuant to this section.	64290

(3) The notice shall be in the form of a one-foot square	64291
yellow sign with the words "manufactured home relocation notice"	64292
printed prominently on it. The name of the owner of the home, the	64293
home's registration number or vehicle identification number, the	64294
county and the address or location to which the home is being	64295
moved, and the county in which the notice is issued shall also be	64296
entered on the notice.	64297

(4) The relocation notice must be attached to the rear of the	64298
home when the home is being moved on a public road. Except as	64299
provided in divisions (H)(1) and (5) of this section, no person	64300
shall drive a motor vehicle moving a manufactured or mobile home	64301
on a public road from one address to another address within this	64302
state unless a relocation notice is attached to the rear of the	64303
home.	64304

(5) If the county auditor determines that a manufactured or	64305
mobile home has been moved without a relocation notice as required	64306
under this division, the auditor shall impose a penalty of one	64307
hundred dollars upon the owner of the home and upon the person who	64308
moved the home and deposit the amount to the credit of the county	64309
real estate assessment fund to pay the costs of administering this	64310
section and section 4503.06 of the Revised Code. If the home was	64311
relocated from one county in this state to another county in this	64312
state and the county auditor of the county to which the home was	64313
relocated imposes the penalty, that county auditor, upon	64314
collection of the penalty, shall cause an amount equal to the	64315
penalty to be transmitted from the county real estate assessment	64316
fund to the county auditor of the county from which the home was	64317
relocated, who shall deposit the amount to the credit of the	64318
county real estate assessment fund. If the penalty on the owner is	64319
unpaid, the penalty shall constitute a lien on the home and the	64320
auditor shall add the penalty to the manufactured home tax list	64321
for collection. If the county auditor determines that a dealer	64322
that has sold a manufactured or mobile home has failed to timely	64323
provide the information required under this division, the auditor	64324
shall impose a penalty upon the dealer in the amount of one	64325
hundred dollars. The penalty shall be credited to the county real	64326
estate assessment fund and used to pay the costs of administering	64327
this section and section 4503.06 of the Revised Code.	64328

(I) Whoever violates division (H)(4) of this section is	64329
guilty of a minor misdemeanor.	64330

Sec. 4503.062. (A) Every operator of a manufactured home	64331
court, or manufactured home park, as defined in section ~~3733.01~~	64332
4781.01 of the Revised Code, or when there is no operator, every	64333
owner of property used for such purposes on which three or more	64334
manufactured or mobile homes are located, shall keep a register of	64335
all manufactured and mobile homes that make use of the court,	64336
park, or property. The register shall contain all of the	64337
following:	64338

(1) The name of the owner and all inhabitants of each home;

64339

(2) The ages of all inhabitants of each home;

64340

(3) The permanent and temporary post office addresses of all	64341
inhabitants of each home;	64342

(4) The license number of each home;

64343

(5) The state issuing each such license;

64344

(6) The date of arrival and of departure of each home;

64345

(7) The make and model of each home, if known and if either	64346
of the following applies:	64347

(a) The home enters the court, park, or property on or after	64348
January 1, 2003.	64349

(b) Ownership of the home in the court or park, or on the	64350
property, is transferred on or after January 1, 2003.	64351

(B) The register shall be open to inspection by the county	64352
auditor, the county treasurer, agents of the auditor or treasurer,	64353
and all law enforcement agencies at all times.	64354

(C) Any person who fails to comply with this section shall be	64355
fined not less than twenty-five nor more than one hundred dollars.	64356

Sec. 4503.235. (A) If division (G) of section 4511.19 or	64357
division ~~(B)~~(C) of section 4511.193 of the Revised Code requires a	64358
court, as part of the sentence of an offender who is convicted of	64359
or pleads guilty to a violation of division (A) of section 4511.19	64360
of the Revised Code or as a sanction for an offender who is	64361
convicted of or pleaded guilty to a violation of a municipal OVI	64362
ordinance, to order the immobilization of a vehicle for a	64363
specified period of time, notwithstanding the requirement, the	64364
court in its discretion may determine not to order the	64365
immobilization of the vehicle if both of the following apply:	64366

(1) Prior to the issuance of the order of immobilization, a	64367
family or household member of the offender files a motion with the	64368
court identifying the vehicle and requesting that the	64369
immobilization order not be issued on the ground that the family	64370
or household member is completely dependent on the vehicle for the	64371
necessities of life and that the immobilization of the vehicle	64372
would be an undue hardship to the family or household member.	64373

(2) The court determines that the family or household member	64374
who files the motion is completely dependent on the vehicle for	64375
the necessities of life and that the immobilization of the vehicle	64376
would be an undue hardship to the family or household member.	64377

(B) If a court pursuant to division (A) of this section	64378
determines not to order the immobilization of a vehicle that	64379
otherwise would be required pursuant to division (G) of section	64380
4511.19 or division ~~(B)~~(C) of section 4511.193 of the Revised	64381
Code, the court shall issue an order that waives the	64382
immobilization that otherwise would be required pursuant to either	64383
of those divisions. The immobilization waiver order shall be in	64384
effect for the period of time for which the immobilization of the	64385
vehicle otherwise would have been required under division (G) of	64386
section 4511.19 or division ~~(B)~~(C) of section 4511.193 of the	64387
Revised Code if the immobilization waiver order had not been	64388
issued, subject to division (D) of this section. The	64389
immobilization waiver order shall specify the period of time for	64390
which it is in effect. The court shall provide a copy of an	64391
immobilization waiver order to the offender and to the family or	64392
household member of the offender who filed the motion requesting	64393
that the immobilization order not be issued and shall place a copy	64394
of the immobilization waiver order in the record in the case. The	64395
court shall impose an immobilization waiver fee in the amount of	64396
fifty dollars. The court shall determine whether the fee is to be	64397
paid by the offender or by the family or household member. The	64398
clerk of the court shall deposit all of the fees collected during	64399
a month on or before the twenty-third day of the following month	64400
into the county or municipal indigent drivers alcohol treatment	64401
fund under the control of that court, as created by the county or	64402
municipal corporation under division (F) of section 4511.191 of	64403
the Revised Code.	64404

(C) If a court pursuant to division (B) of this section	64405
issues an immobilization waiver order, the order shall identify	64406
the family or household member who requested the order and the	64407
vehicle to which the order applies, shall identify the family or	64408
household members who are permitted to operate the vehicle, and	64409
shall identify the offender and specify that the offender is not	64410
permitted to operate the vehicle. The immobilization waiver order	64411
shall require that the family or household member display on the	64412
vehicle to which the order applies restricted license plates that	64413
are issued under section 4503.231 of the Revised Code for the	64414
entire period for which the immobilization of the vehicle	64415
otherwise would have been required under division (G) of section	64416
4511.19 or division ~~(B)~~(C) of section 4511.193 of the Revised Code	64417
if the immobilization waiver order had not been issued.	64418

(D) A family or household member who is permitted to operate	64419
a vehicle under an immobilization waiver order issued under this	64420
section shall not permit the offender to operate the vehicle. If a	64421
family or household member who is permitted to operate a vehicle	64422
under an immobilization waiver order issued under this section	64423
permits the offender to operate the vehicle, both of the following	64424
apply:	64425

(1) The court that issued the immobilization waiver order	64426
shall terminate that order and shall issue an immobilization order	64427
in accordance with section 4503.233 of the Revised Code that	64428
applies to the vehicle, and the immobilization order shall be in	64429
effect for the remaining period of time for which the	64430
immobilization of the vehicle otherwise would have been required	64431
under division (G) of section 4511.19 or division ~~(B)~~(C) of	64432
section 4511.193 of the Revised Code if the immobilization waiver	64433
order had not been issued.	64434

(2) The conduct of the family or household member in	64435
permitting the offender to operate the vehicle is a violation of	64436
section 4511.203 of the Revised Code.	64437

(E) No offender shall operate a motor vehicle subject to an	64438
immobilization waiver order. Whoever violates this division is	64439
guilty of operating a motor vehicle in violation of an	64440
immobilization waiver, a misdemeanor of the first degree.	64441

(F) "Family or household member" has the same meaning as in	64442
section 2919.25 of the Revised Code, except that the person must	64443
be currently residing with the offender.	64444

Sec. 4503.70. The owner or lessee of any passenger car,	64445
noncommercial motor vehicle, recreational vehicle, or other	64446
vehicle of a class approved by the registrar of motor vehicles who	64447
is a member in good standing of the grand lodge of free and	64448
accepted masons of Ohio may apply to the registrar for the	64449
registration of the vehicle and issuance of freemason license	64450
plates. The application for freemason license plates may be	64451
combined with a request for a special reserved license plate under	64452
section 4503.40 or 4503.42 of the Revised Code. Upon receipt of	64453
the completed application, presentation by the applicant of	64454
satisfactory evidence showing that the applicant is a member in	64455
good standing of the grand lodge of free and accepted masons of	64456
Ohio, and compliance by the applicant with this section, the	64457
registrar shall issue to the applicant the appropriate vehicle	64458
registration and a set of freemason license plates with a	64459
validation sticker or a validation sticker alone when required by	64460
section 4503.191 of the Revised Code.	64461

In addition to the letters and numbers ordinarily inscribed	64462
thereon, freemason license plates shall be inscribed with	64463
identifying words and a symbol or logo designed by the grand lodge	64464
of free and accepted masons of Ohio and approved by the registrar.	64465
Freemason license plates shall bear county identification stickers	64466
that identify the county of registration by name or number.	64467

Freemason license plates and validation stickers shall be	64468
issued upon payment of the regular license fee required by section	64469
4503.04 of the Revised Code, payment of any local motor vehicle	64470
license tax levied under Chapter 4504. of the Revised Code,	64471
payment of an additional fee of ten dollars, and compliance with	64472
all other applicable laws relating to the registration of motor	64473
vehicles. If the application for freemason license plates is	64474
combined with a request for a special reserved license plate under	64475
section 4503.40 or 4503.42 of the Revised Code, the license plates	64476
and validation sticker shall be issued upon payment of the fees	64477
and taxes contained in this section and the additional fee	64478
prescribed under section 4503.40 or 4503.42 of the Revised Code.	64479
The additional fee of ten dollars shall be for the purpose of	64480
compensating the bureau of motor vehicles for additional services	64481
required in the issuing of freemason license plates, and shall be	64482
transmitted by the registrar to the treasurer of state for deposit	64483
into the state treasury to the credit of the state bureau of motor	64484
vehicles fund created by section 4501.25 of the Revised Code.	64485

Sec. 4503.93. (A) The owner or lessee of any passenger car,	64486
noncommercial motor vehicle, recreational vehicle, or other	64487
vehicle of a class approved by the registrar of motor vehicles may	64488
apply to the registrar for the registration of the vehicle and	64489
issuance of Ohio "volunteer" license plates. The application for	64490
Ohio "volunteer" license plates may be combined with a request for	64491
a special reserved license plate under section 4503.40 or 4503.42	64492
of the Revised Code. Upon receipt of the completed application and	64493
compliance with divisions (B) and (C) of this section, the	64494
registrar shall issue to the applicant the appropriate vehicle	64495
registration and a set of Ohio "volunteer" license plates with a	64496
validation sticker or a validation sticker alone when required by	64497
section 4503.191 of the Revised Code.	64498

In addition to the letters and numbers ordinarily inscribed	64499
on license plates, Ohio "volunteer" license plates shall be	64500
inscribed with words and markings designed by the Ohio ~~community~~	64501
commission on service ~~council~~and volunteerism created by section	64502
121.40 of the Revised Code and approved by the registrar. Ohio	64503
"volunteer" license plates shall bear county identification	64504
stickers that identify the county of registration by name or	64505
number.	64506

(B) Ohio "volunteer" license plates and a validation sticker,	64507
or a validation sticker alone, shall be issued upon receipt of a	64508
contribution as provided in division (C) of this section and upon	64509
payment of the regular license tax prescribed in section 4503.04	64510
of the Revised Code, any applicable motor vehicle tax levied under	64511
Chapter 4504. of the Revised Code, any applicable additional fee	64512
prescribed by section 4503.40 or 4503.42 of the Revised Code, a	64513
bureau of motor vehicles fee of ten dollars, and compliance with	64514
all other applicable laws relating to the registration of motor	64515
vehicles.	64516

(C)(1) For each application for registration and registration	64517
renewal received under this section, the registrar shall collect a	64518
contribution of fifteen dollars. The registrar shall transmit this	64519
contribution to the treasurer of state for deposit in the Ohio	64520
~~community~~commission on service ~~council~~and volunteerism gifts and	64521
donations fund created by section 121.403 of the Revised Code. The	64522
~~council~~commission shall use all such contributions for the	64523
purposes described in divisions (B)(2) and (3) of that section.	64524

(2) The registrar shall deposit the bureau of motor vehicles	64525
fee of ten dollars specified in division (B) of this section,	64526
which is for the purpose of compensating the bureau for the	64527
additional services required in issuing Ohio "volunteer" license	64528
plates, in the state bureau of motor vehicles fund created in	64529
section 4501.25 of the Revised Code.	64530

Sec. 4506.071. On receipt of a notice pursuant to section	64531
3123.54 of the Revised Code, the registrar of motor vehicles shall	64532
comply with sections ~~3123.52~~3123.53 to ~~3123.614~~3123.60 of the	64533
Revised Code and any applicable rules adopted under section	64534
3123.63 of the Revised Code with respect to a commercial driver's	64535
license or commercial driver's temporary instruction permit issued	64536
pursuant to this chapter.	64537

Sec. 4507.111. On receipt of a notice pursuant to section	64538
3123.54 of the Revised Code, the registrar of motor vehicles shall	64539
comply with sections ~~3123.52~~3123.53 to ~~3123.614~~3123.60 of the	64540
Revised Code and any applicable rules adopted under section	64541
3123.63 of the Revised Code with respect to any driver's or	64542
commercial license or permit, motorcycle operator's license or	64543
endorsement, or temporary instruction permit or commercial	64544
driver's temporary instruction permit issued by this state that is	64545
the subject of the notice.	64546

Sec. 4507.164. (A) Except as provided in divisions (C) to	64547
(E) of this section, when the license of any person is suspended	64548
pursuant to any provision of the Revised Code other than division	64549
(G) of section 4511.19 of the Revised Code and other than section	64550
4510.07 of the Revised Code for a violation of a municipal OVI	64551
ordinance, the trial judge may impound the identification license	64552
plates of any motor vehicle registered in the name of the person.	64553

(B)(1) When the license of any person is suspended pursuant	64554
to division (G)(1)(a) of section 4511.19 of the Revised Code, or	64555
pursuant to section 4510.07 of the Revised Code for a municipal	64556
OVI offense when the suspension is equivalent in length to the	64557
suspension under division (G) of section 4511.19 of the Revised	64558
Code that is specified in this division, the trial judge of the	64559
court of record or the mayor of the mayor's court that suspended	64560
the license may impound the identification license plates of any	64561
motor vehicle registered in the name of the person.	64562

(2) When the license of any person is suspended pursuant to	64563
division (G)(1)(b) of section 4511.19 of the Revised Code, or	64564
pursuant to section 4510.07 of the Revised Code for a municipal	64565
OVI offense when the suspension is equivalent in length to the	64566
suspension under division (G) of section 4511.19 of the Revised	64567
Code that is specified in this division, the trial judge of the	64568
court of record that suspended the license shall order the	64569
impoundment of the identification license plates of the motor	64570
vehicle the offender was operating at the time of the offense and	64571
the immobilization of that vehicle in accordance with section	64572
4503.233 and division (G)(1)(b) of section 4511.19 or division	64573
~~(B)~~(C)(2)(a) of section 4511.193 of the Revised Code and may	64574
impound the identification license plates of any other motor	64575
vehicle registered in the name of the person whose license is	64576
suspended.	64577

(3) When the license of any person is suspended pursuant to	64578
division (G)(1)(c), (d), or (e) of section 4511.19 of the Revised	64579
Code, or pursuant to section 4510.07 of the Revised Code for a	64580
municipal OVI offense when the suspension is equivalent in length	64581
to the suspension under division (G) of section 4511.19 of the	64582
Revised Code that is specified in this division, the trial judge	64583
of the court of record that suspended the license shall order the	64584
criminal forfeiture to the state of the motor vehicle the offender	64585
was operating at the time of the offense in accordance with	64586
section 4503.234 and division (G)(1)(c), (d), or (e) of section	64587
4511.19 or division ~~(B)~~(C)(2)(b) of section 4511.193 of the	64588
Revised Code and may impound the identification license plates of	64589
any other motor vehicle registered in the name of the person whose	64590
license is suspended.	64591

(C)(1) When a person is convicted of or pleads guilty to a	64592
violation of section 4510.14 of the Revised Code or a	64593
substantially equivalent municipal ordinance and division (B)(1)	64594
or (2) of section 4510.14 or division (C)(1) or (2) of section	64595
4510.161 of the Revised Code applies, the trial judge of the court	64596
of record or the mayor of the mayor's court that imposes sentence	64597
shall order the immobilization of the vehicle the person was	64598
operating at the time of the offense and the impoundment of its	64599
identification license plates in accordance with section 4503.233	64600
and division (B)(1) or (2) of section 4510.14 or division (C)(1)	64601
or (2) of section 4510.161 of the Revised Code and may impound the	64602
identification license plates of any other vehicle registered in	64603
the name of that person.	64604

(2) When a person is convicted of or pleads guilty to a	64605
violation of section 4510.14 of the Revised Code or a	64606
substantially equivalent municipal ordinance and division (B)(3)	64607
of section 4510.14 or division (C)(3) of section 4510.161 of the	64608
Revised Code applies, the trial judge of the court of record that	64609
imposes sentence shall order the criminal forfeiture to the state	64610
of the vehicle the person was operating at the time of the offense	64611
in accordance with section 4503.234 and division (B)(3) of section	64612
4510.14 or division (C)(3) of section 4510.161 of the Revised Code	64613
and may impound the identification license plates of any other	64614
vehicle registered in the name of that person.	64615

(D)~~(1)~~ When a person is convicted of or pleads guilty to a	64616
violation of division (A) of section 4510.16 of the Revised Code	64617
or a substantially equivalent municipal ordinance, division (B) of	64618
section 4510.16 or division (B) of section 4510.161 of the Revised	64619
Code applies in determining whether the immobilization of the	64620
vehicle the person was operating at the time of the offense and	64621
the impoundment of its identification license plates or the	64622
criminal forfeiture to the state of the vehicle the person was	64623
operating at the time of the offense is authorized or required.	64624
The trial judge of the court of record or the mayor of the mayor's	64625
court that imposes sentence may impound the identification license	64626
plates of any other vehicle registered in the name of that person.	64627

(E)(1) When a person is convicted of or pleads guilty to a	64628
violation of section 4511.203 of the Revised Code and the person	64629
is sentenced pursuant to division (C)(1) or (2) of section	64630
4511.203 of the Revised Code, the trial judge of the court of	64631
record or the mayor of the mayor's court that imposes sentence	64632
shall order the immobilization of the vehicle that was involved in	64633
the commission of the offense and the impoundment of its	64634
identification license plates in accordance with division (C)(1)	64635
or (2) of section 4511.203 and section 4503.233 of the Revised	64636
Code and may impound the identification license plates of any	64637
other vehicle registered in the name of that person.	64638

(2) When a person is convicted of or pleads guilty to a	64639
violation of section 4511.203 of the Revised Code and the person	64640
is sentenced pursuant to division (C)(3) of section 4511.203 of	64641
the Revised Code, the trial judge of the court of record or the	64642
mayor of the mayor's court that imposes sentence shall order the	64643
criminal forfeiture to the state of the vehicle that was involved	64644
in the commission of the offense in accordance with division	64645
(C)(3) of section 4511.203 and section 4503.234 of the Revised	64646
Code and may impound the identification license plates of any	64647
other vehicle registered in the name of that person.	64648

(F) Except as provided in section 4503.233 or 4503.234 of the	64649
Revised Code, when the certificate of registration, the	64650
identification license plates, or both have been impounded,	64651
division (B) of section 4507.02 of the Revised Code is applicable.	64652

(G) As used in this section, "municipal OVI offense" has the	64653
same meaning as in section 4511.181 of the Revised Code.	64654

Sec. 4511.191. (A)(1) As used in this section:

64655

(a) "Physical control" has the same meaning as in section	64656
4511.194 of the Revised Code.	64657

(b) "Alcohol monitoring device" means any device that	64658
provides for continuous alcohol monitoring, any ignition interlock	64659
device, any immobilizing or disabling device other than an	64660
ignition interlock device that is constantly available to monitor	64661
the concentration of alcohol in a person's system, or any other	64662
device that provides for the automatic testing and periodic	64663
reporting of alcohol consumption by a person and that a court	64664
orders a person to use as a sanction imposed as a result of the	64665
person's conviction of or plea of guilty to an offense.	64666

(2) Any person who operates a vehicle, streetcar, or	64667
trackless trolley upon a highway or any public or private property	64668
used by the public for vehicular travel or parking within this	64669
state or who is in physical control of a vehicle, streetcar, or	64670
trackless trolley shall be deemed to have given consent to a	64671
chemical test or tests of the person's whole blood, blood serum or	64672
plasma, breath, or urine to determine the alcohol, drug of abuse,	64673
controlled substance, metabolite of a controlled substance, or	64674
combination content of the person's whole blood, blood serum or	64675
plasma, breath, or urine if arrested for a violation of division	64676
(A) or (B) of section 4511.19 of the Revised Code, section	64677
4511.194 of the Revised Code or a substantially equivalent	64678
municipal ordinance, or a municipal OVI ordinance.	64679

(3) The chemical test or tests under division (A)(2) of this	64680
section shall be administered at the request of a law enforcement	64681
officer having reasonable grounds to believe the person was	64682
operating or in physical control of a vehicle, streetcar, or	64683
trackless trolley in violation of a division, section, or	64684
ordinance identified in division (A)(2) of this section. The law	64685
enforcement agency by which the officer is employed shall	64686
designate which of the tests shall be administered.	64687

(4) Any person who is dead or unconscious, or who otherwise	64688
is in a condition rendering the person incapable of refusal, shall	64689
be deemed to have consented as provided in division (A)(2) of this	64690
section, and the test or tests may be administered, subject to	64691
sections 313.12 to 313.16 of the Revised Code.	64692

(5)(a) If a law enforcement officer arrests a person for a	64693
violation of division (A) or (B) of section 4511.19 of the Revised	64694
Code, section 4511.194 of the Revised Code or a substantially	64695
equivalent municipal ordinance, or a municipal OVI ordinance and	64696
if the person if convicted would be required to be sentenced under	64697
division (G)(1)(c), (d), or (e) of section 4511.19 of the Revised	64698
Code, the law enforcement officer shall request the person to	64699
submit, and the person shall submit, to a chemical test or tests	64700
of the person's whole blood, blood serum or plasma, breath, or	64701
urine for the purpose of determining the alcohol, drug of abuse,	64702
controlled substance, metabolite of a controlled substance, or	64703
combination content of the person's whole blood, blood serum or	64704
plasma, breath, or urine. A law enforcement officer who makes a	64705
request pursuant to this division that a person submit to a	64706
chemical test or tests is not required to advise the person of the	64707
consequences of submitting to, or refusing to submit to, the test	64708
or tests and is not required to give the person the form described	64709
in division (B) of section 4511.192 of the Revised Code, but the	64710
officer shall advise the person at the time of the arrest that if	64711
the person refuses to take a chemical test the officer may employ	64712
whatever reasonable means are necessary to ensure that the person	64713
submits to a chemical test of the person's whole blood or blood	64714
serum or plasma. The officer shall also advise the person at the	64715
time of the arrest that the person may have an independent	64716
chemical test taken at the person's own expense. Divisions (A)(3)	64717
and (4) of this section apply to the administration of a chemical	64718
test or tests pursuant to this division.	64719

(b) If a person refuses to submit to a chemical test upon a	64720
request made pursuant to division (A)(5)(a) of this section, the	64721
law enforcement officer who made the request may employ whatever	64722
reasonable means are necessary to ensure that the person submits	64723
to a chemical test of the person's whole blood or blood serum or	64724
plasma. A law enforcement officer who acts pursuant to this	64725
division to ensure that a person submits to a chemical test of the	64726
person's whole blood or blood serum or plasma is immune from	64727
criminal and civil liability based upon a claim for assault and	64728
battery or any other claim for the acts, unless the officer so	64729
acted with malicious purpose, in bad faith, or in a wanton or	64730
reckless manner.	64731

(B)(1) Upon receipt of the sworn report of a law enforcement	64732
officer who arrested a person for a violation of division (A) or	64733
(B) of section 4511.19 of the Revised Code, section 4511.194 of	64734
the Revised Code or a substantially equivalent municipal	64735
ordinance, or a municipal OVI ordinance that was completed and	64736
sent to the registrar and a court pursuant to section 4511.192 of	64737
the Revised Code in regard to a person who refused to take the	64738
designated chemical test, the registrar shall enter into the	64739
registrar's records the fact that the person's driver's or	64740
commercial driver's license or permit or nonresident operating	64741
privilege was suspended by the arresting officer under this	64742
division and that section and the period of the suspension, as	64743
determined under this section. The suspension shall be subject to	64744
appeal as provided in section 4511.197 of the Revised Code. The	64745
suspension shall be for whichever of the following periods	64746
applies:	64747

(a) Except when division (B)(1)(b), (c), or (d) of this	64748
section applies and specifies a different class or length of	64749
suspension, the suspension shall be a class C suspension for the	64750
period of time specified in division (B)(3) of section 4510.02 of	64751
the Revised Code.	64752

(b) If the arrested person, within six years of the date on	64753
which the person refused the request to consent to the chemical	64754
test, had refused one previous request to consent to a chemical	64755
test or had been convicted of or pleaded guilty to one violation	64756
of division (A) or (B) of section 4511.19 of the Revised Code or	64757
one other equivalent offense, the suspension shall be a class B	64758
suspension imposed for the period of time specified in division	64759
(B)(2) of section 4510.02 of the Revised Code.	64760

(c) If the arrested person, within six years of the date on	64761
which the person refused the request to consent to the chemical	64762
test, had refused two previous requests to consent to a chemical	64763
test, had been convicted of or pleaded guilty to two violations of	64764
division (A) or (B) of section 4511.19 of the Revised Code or	64765
other equivalent offenses, or had refused one previous request to	64766
consent to a chemical test and also had been convicted of or	64767
pleaded guilty to one violation of division (A) or (B) of section	64768
4511.19 of the Revised Code or other equivalent offenses, which	64769
violation or offense arose from an incident other than the	64770
incident that led to the refusal, the suspension shall be a class	64771
A suspension imposed for the period of time specified in division	64772
(B)(1) of section 4510.02 of the Revised Code.	64773

(d) If the arrested person, within six years of the date on	64774
which the person refused the request to consent to the chemical	64775
test, had refused three or more previous requests to consent to a	64776
chemical test, had been convicted of or pleaded guilty to three or	64777
more violations of division (A) or (B) of section 4511.19 of the	64778
Revised Code or other equivalent offenses, or had refused a number	64779
of previous requests to consent to a chemical test and also had	64780
been convicted of or pleaded guilty to a number of violations of	64781
division (A) or (B) of section 4511.19 of the Revised Code or	64782
other equivalent offenses that cumulatively total three or more	64783
such refusals, convictions, and guilty pleas, the suspension shall	64784
be for five years.	64785

(2) The registrar shall terminate a suspension of the	64786
driver's or commercial driver's license or permit of a resident or	64787
of the operating privilege of a nonresident, or a denial of a	64788
driver's or commercial driver's license or permit, imposed	64789
pursuant to division (B)(1) of this section upon receipt of notice	64790
that the person has entered a plea of guilty to, or that the	64791
person has been convicted after entering a plea of no contest to,	64792
operating a vehicle in violation of section 4511.19 of the Revised	64793
Code or in violation of a municipal OVI ordinance, if the offense	64794
for which the conviction is had or the plea is entered arose from	64795
the same incident that led to the suspension or denial.	64796

The registrar shall credit against any judicial suspension of	64797
a person's driver's or commercial driver's license or permit or	64798
nonresident operating privilege imposed pursuant to section	64799
4511.19 of the Revised Code, or pursuant to section 4510.07 of the	64800
Revised Code for a violation of a municipal OVI ordinance, any	64801
time during which the person serves a related suspension imposed	64802
pursuant to division (B)(1) of this section.	64803

(C)(1) Upon receipt of the sworn report of the law	64804
enforcement officer who arrested a person for a violation of	64805
division (A) or (B) of section 4511.19 of the Revised Code or a	64806
municipal OVI ordinance that was completed and sent to the	64807
registrar and a court pursuant to section 4511.192 of the Revised	64808
Code in regard to a person whose test results indicate that the	64809
person's whole blood, blood serum or plasma, breath, or urine	64810
contained at least the concentration of alcohol specified in	64811
division (A)(1)(b), (c), (d), or (e) of section 4511.19 of the	64812
Revised Code or at least the concentration of a listed controlled	64813
substance or a listed metabolite of a controlled substance	64814
specified in division (A)(1)(j) of section 4511.19 of the Revised	64815
Code, the registrar shall enter into the registrar's records the	64816
fact that the person's driver's or commercial driver's license or	64817
permit or nonresident operating privilege was suspended by the	64818
arresting officer under this division and section 4511.192 of the	64819
Revised Code and the period of the suspension, as determined under	64820
divisions (C)(1)(a) to (d) of this section. The suspension shall	64821
be subject to appeal as provided in section 4511.197 of the	64822
Revised Code. The suspension described in this division does not	64823
apply to, and shall not be imposed upon, a person arrested for a	64824
violation of section 4511.194 of the Revised Code or a	64825
substantially equivalent municipal ordinance who submits to a	64826
designated chemical test. The suspension shall be for whichever of	64827
the following periods applies:	64828

(a) Except when division (C)(1)(b), (c), or (d) of this	64829
section applies and specifies a different period, the suspension	64830
shall be a class E suspension imposed for the period of time	64831
specified in division (B)(5) of section 4510.02 of the Revised	64832
Code.	64833

(b) The suspension shall be a class C suspension for the	64834
period of time specified in division (B)(3) of section 4510.02 of	64835
the Revised Code if the person has been convicted of or pleaded	64836
guilty to, within six years of the date the test was conducted,	64837
one violation of division (A) or (B) of section 4511.19 of the	64838
Revised Code or one other equivalent offense.	64839

(c) If, within six years of the date the test was conducted,	64840
the person has been convicted of or pleaded guilty to two	64841
violations of a statute or ordinance described in division	64842
(C)(1)(b) of this section, the suspension shall be a class B	64843
suspension imposed for the period of time specified in division	64844
(B)(2) of section 4510.02 of the Revised Code.	64845

(d) If, within six years of the date the test was conducted,	64846
the person has been convicted of or pleaded guilty to more than	64847
two violations of a statute or ordinance described in division	64848
(C)(1)(b) of this section, the suspension shall be a class A	64849
suspension imposed for the period of time specified in division	64850
(B)(1) of section 4510.02 of the Revised Code.	64851

(2) The registrar shall terminate a suspension of the	64852
driver's or commercial driver's license or permit of a resident or	64853
of the operating privilege of a nonresident, or a denial of a	64854
driver's or commercial driver's license or permit, imposed	64855
pursuant to division (C)(1) of this section upon receipt of notice	64856
that the person has entered a plea of guilty to, or that the	64857
person has been convicted after entering a plea of no contest to,	64858
operating a vehicle in violation of section 4511.19 of the Revised	64859
Code or in violation of a municipal OVI ordinance, if the offense	64860
for which the conviction is had or the plea is entered arose from	64861
the same incident that led to the suspension or denial.	64862

The registrar shall credit against any judicial suspension of	64863
a person's driver's or commercial driver's license or permit or	64864
nonresident operating privilege imposed pursuant to section	64865
4511.19 of the Revised Code, or pursuant to section 4510.07 of the	64866
Revised Code for a violation of a municipal OVI ordinance, any	64867
time during which the person serves a related suspension imposed	64868
pursuant to division (C)(1) of this section.	64869

(D)(1) A suspension of a person's driver's or commercial	64870
driver's license or permit or nonresident operating privilege	64871
under this section for the time described in division (B) or (C)	64872
of this section is effective immediately from the time at which	64873
the arresting officer serves the notice of suspension upon the	64874
arrested person. Any subsequent finding that the person is not	64875
guilty of the charge that resulted in the person being requested	64876
to take the chemical test or tests under division (A) of this	64877
section does not affect the suspension.	64878

(2) If a person is arrested for operating a vehicle,	64879
streetcar, or trackless trolley in violation of division (A) or	64880
(B) of section 4511.19 of the Revised Code or a municipal OVI	64881
ordinance, or for being in physical control of a vehicle,	64882
streetcar, or trackless trolley in violation of section 4511.194	64883
of the Revised Code or a substantially equivalent municipal	64884
ordinance, regardless of whether the person's driver's or	64885
commercial driver's license or permit or nonresident operating	64886
privilege is or is not suspended under division (B) or (C) of this	64887
section or Chapter 4510. of the Revised Code, the person's initial	64888
appearance on the charge resulting from the arrest shall be held	64889
within five days of the person's arrest or the issuance of the	64890
citation to the person, subject to any continuance granted by the	64891
court pursuant to section 4511.197 of the Revised Code regarding	64892
the issues specified in that division.	64893

(E) When it finally has been determined under the procedures	64894
of this section and sections 4511.192 to 4511.197 of the Revised	64895
Code that a nonresident's privilege to operate a vehicle within	64896
this state has been suspended, the registrar shall give	64897
information in writing of the action taken to the motor vehicle	64898
administrator of the state of the person's residence and of any	64899
state in which the person has a license.	64900

(F) At the end of a suspension period under this section,	64901
under section 4511.194, section 4511.196, or division (G) of	64902
section 4511.19 of the Revised Code, or under section 4510.07 of	64903
the Revised Code for a violation of a municipal OVI ordinance and	64904
upon the request of the person whose driver's or commercial	64905
driver's license or permit was suspended and who is not otherwise	64906
subject to suspension, cancellation, or disqualification, the	64907
registrar shall return the driver's or commercial driver's license	64908
or permit to the person upon the occurrence of all of the	64909
conditions specified in divisions (F)(1) and (2) of this section:	64910

(1) A showing that the person has proof of financial	64911
responsibility, a policy of liability insurance in effect that	64912
meets the minimum standards set forth in section 4509.51 of the	64913
Revised Code, or proof, to the satisfaction of the registrar, that	64914
the person is able to respond in damages in an amount at least	64915
equal to the minimum amounts specified in section 4509.51 of the	64916
Revised Code.	64917

(2) Subject to the limitation contained in division (F)(3) of	64918
this section, payment by the person to the registrar of motor	64919
vehicles or an eligible deputy registrar of a license	64920
reinstatement fee of four hundred seventy-five dollars, which fee	64921
shall be deposited in the state treasury and credited as follows:	64922

(a) One hundred twelve dollars and fifty cents shall be	64923
credited to the statewide treatment and prevention fund created by	64924
section 4301.30 of the Revised Code. ~~The~~Money credited to the	64925
fund under this section shall be used ~~to pay the costs of driver~~	64926
~~treatment and intervention programs operated pursuant to sections~~	64927
~~3793.02 and 3793.10~~for purposes identified in the comprehensive	64928
statewide alcohol and drug addiction services plan developed under	64929
section 3793.04 of the Revised Code. ~~The director of alcohol and~~	64930
~~drug addiction services shall determine the share of the fund that~~	64931
~~is to be allocated to alcohol and drug addiction programs~~	64932
~~authorized by section 3793.02 of the Revised Code, and the share~~	64933
~~of the fund that is to be allocated to drivers' intervention~~	64934
~~programs authorized by section 3793.10 of the Revised Code.~~	64935

(b) Seventy-five dollars shall be credited to the reparations	64936
fund created by section 2743.191 of the Revised Code.	64937

(c) Thirty-seven dollars and fifty cents shall be credited to	64938
the indigent drivers alcohol treatment fund, which is hereby	64939
established in the state treasury. Except as otherwise provided in	64940
division (F)(2)(c) of this section, moneys in the fund shall be	64941
distributed by the department of alcohol and drug addiction	64942
services to the county indigent drivers alcohol treatment funds,	64943
the county juvenile indigent drivers alcohol treatment funds, and	64944
the municipal indigent drivers alcohol treatment funds that are	64945
required to be established by counties and municipal corporations	64946
pursuant to division (H) of this section, and shall be used only	64947
to pay the cost of an alcohol and drug addiction treatment program	64948
attended by an offender or juvenile traffic offender who is	64949
ordered to attend an alcohol and drug addiction treatment program	64950
by a county, juvenile, or municipal court judge and who is	64951
determined by the county, juvenile, or municipal court judge not	64952
to have the means to pay for the person's attendance at the	64953
program or to pay the costs specified in division (H)(4) of this	64954
section in accordance with that division. In addition, a county,	64955
juvenile, or municipal court judge may use moneys in the county	64956
indigent drivers alcohol treatment fund, county juvenile indigent	64957
drivers alcohol treatment fund, or municipal indigent drivers	64958
alcohol treatment fund to pay for the cost of the continued use of	64959
an alcohol monitoring device as described in divisions (H)(3) and	64960
(4) of this section. Moneys in the fund that are not distributed	64961
to a county indigent drivers alcohol treatment fund, a county	64962
juvenile indigent drivers alcohol treatment fund, or a municipal	64963
indigent drivers alcohol treatment fund under division (H) of this	64964
section because the director of alcohol and drug addiction	64965
services does not have the information necessary to identify the	64966
county or municipal corporation where the offender or juvenile	64967
offender was arrested may be transferred by the director of budget	64968
and management to the statewide treatment and prevention fund	64969
created by section 4301.30 of the Revised Code, upon certification	64970
of the amount by the director of alcohol and drug addiction	64971
services.	64972

(d) Seventy-five dollars shall be credited to the Ohio	64973
rehabilitation services commission established by section 3304.12	64974
of the Revised Code, to the services for rehabilitation fund,	64975
which is hereby established. The fund shall be used to match	64976
available federal matching funds where appropriate, and for any	64977
other purpose or program of the commission to rehabilitate people	64978
with disabilities to help them become employed and independent.	64979

(e) Seventy-five dollars shall be deposited into the state	64980
treasury and credited to the drug abuse resistance education	64981
programs fund, which is hereby established, to be used by the	64982
attorney general for the purposes specified in division (F)(4) of	64983
this section.	64984

(f) Thirty dollars shall be credited to the state bureau of	64985
motor vehicles fund created by section 4501.25 of the Revised	64986
Code.	64987

(g) Twenty dollars shall be credited to the trauma and	64988
emergency medical services grants fund created by section 4513.263	64989
of the Revised Code.	64990

(h) Fifty dollars shall be credited to the indigent drivers	64991
interlock and alcohol monitoring fund, which is hereby established	64992
in the state treasury. ~~Monies~~Moneys in the fund shall be	64993
distributed by the department of public safety to the county	64994
indigent drivers interlock and alcohol monitoring funds, the	64995
county juvenile indigent drivers interlock and alcohol monitoring	64996
funds, and the municipal indigent drivers interlock and alcohol	64997
monitoring funds that are required to be established by counties	64998
and municipal corporations pursuant to this section, and shall be	64999
used only to pay the cost of an immobilizing or disabling device,	65000
including a certified ignition interlock device, or an alcohol	65001
monitoring device used by an offender or juvenile offender who is	65002
ordered to use the device by a county, juvenile, or municipal	65003
court judge and who is determined by the county, juvenile, or	65004
municipal court judge not to have the means to pay for the	65005
person's use of the device.	65006

(3) If a person's driver's or commercial driver's license or	65007
permit is suspended under this section, under section 4511.196 or	65008
division (G) of section 4511.19 of the Revised Code, under section	65009
4510.07 of the Revised Code for a violation of a municipal OVI	65010
ordinance or under any combination of the suspensions described in	65011
division (F)(3) of this section, and if the suspensions arise from	65012
a single incident or a single set of facts and circumstances, the	65013
person is liable for payment of, and shall be required to pay to	65014
the registrar or an eligible deputy registrar, only one	65015
reinstatement fee of four hundred seventy-five dollars. The	65016
reinstatement fee shall be distributed by the bureau in accordance	65017
with division (F)(2) of this section.	65018

(4) The attorney general shall use amounts in the drug abuse	65019
resistance education programs fund to award grants to law	65020
enforcement agencies to establish and implement drug abuse	65021
resistance education programs in public schools. Grants awarded to	65022
a law enforcement agency under this section shall be used by the	65023
agency to pay for not more than fifty per cent of the amount of	65024
the salaries of law enforcement officers who conduct drug abuse	65025
resistance education programs in public schools. The attorney	65026
general shall not use more than six per cent of the amounts the	65027
attorney general's office receives under division (F)(2)(e) of	65028
this section to pay the costs it incurs in administering the grant	65029
program established by division (F)(2)(e) of this section and in	65030
providing training and materials relating to drug abuse resistance	65031
education programs.	65032

The attorney general shall report to the governor and the	65033
general assembly each fiscal year on the progress made in	65034
establishing and implementing drug abuse resistance education	65035
programs. These reports shall include an evaluation of the	65036
effectiveness of these programs.	65037

(5) In addition to the reinstatement fee under this section,	65038
if the person pays the reinstatement fee to a deputy registrar,	65039
the deputy registrar shall collect a service fee of ten dollars to	65040
compensate the deputy registrar for services performed under this	65041
section. The deputy registrar shall retain eight dollars of the	65042
service fee and shall transmit the reinstatement fee, plus two	65043
dollars of the service fee, to the registrar in the manner the	65044
registrar shall determine.	65045

(G) Suspension of a commercial driver's license under	65046
division (B) or (C) of this section shall be concurrent with any	65047
period of disqualification under section 3123.611 or 4506.16 of	65048
the Revised Code or any period of suspension under section 3123.58	65049
of the Revised Code. No person who is disqualified for life from	65050
holding a commercial driver's license under section 4506.16 of the	65051
Revised Code shall be issued a driver's license under Chapter	65052
4507. of the Revised Code during the period for which the	65053
commercial driver's license was suspended under division (B) or	65054
(C) of this section. No person whose commercial driver's license	65055
is suspended under division (B) or (C) of this section shall be	65056
issued a driver's license under Chapter 4507. of the Revised Code	65057
during the period of the suspension.	65058

(H)(1) Each county shall establish an indigent drivers	65059
alcohol treatment fund, each county shall establish a juvenile	65060
indigent drivers alcohol treatment fund, and each municipal	65061
corporation in which there is a municipal court shall establish an	65062
indigent drivers alcohol treatment fund. All revenue that the	65063
general assembly appropriates to the indigent drivers alcohol	65064
treatment fund for transfer to a county indigent drivers alcohol	65065
treatment fund, a county juvenile indigent drivers alcohol	65066
treatment fund, or a municipal indigent drivers alcohol treatment	65067
fund, all portions of fees that are paid under division (F) of	65068
this section and that are credited under that division to the	65069
indigent drivers alcohol treatment fund in the state treasury for	65070
a county indigent drivers alcohol treatment fund, a county	65071
juvenile indigent drivers alcohol treatment fund, or a municipal	65072
indigent drivers alcohol treatment fund, all portions of	65073
additional costs imposed under section 2949.094 of the Revised	65074
Code that are specified for deposit into a county, county	65075
juvenile, or municipal indigent drivers alcohol treatment fund by	65076
that section, and all portions of fines that are specified for	65077
deposit into a county or municipal indigent drivers alcohol	65078
treatment fund by section 4511.193 of the Revised Code shall be	65079
deposited into that county indigent drivers alcohol treatment	65080
fund, county juvenile indigent drivers alcohol treatment fund, or	65081
municipal indigent drivers alcohol treatment fund. The portions of	65082
the fees paid under division (F) of this section that are to be so	65083
deposited shall be determined in accordance with division (H)(2)	65084
of this section. Additionally, all portions of fines that are paid	65085
for a violation of section 4511.19 of the Revised Code or of any	65086
prohibition contained in Chapter 4510. of the Revised Code, and	65087
that are required under section 4511.19 or any provision of	65088
Chapter 4510. of the Revised Code to be deposited into a county	65089
indigent drivers alcohol treatment fund or municipal indigent	65090
drivers alcohol treatment fund shall be deposited into the	65091
appropriate fund in accordance with the applicable division of the	65092
section or provision.	65093

(2) That portion of the license reinstatement fee that is	65094
paid under division (F) of this section and that is credited under	65095
that division to the indigent drivers alcohol treatment fund shall	65096
be deposited into a county indigent drivers alcohol treatment	65097
fund, a county juvenile indigent drivers alcohol treatment fund,	65098
or a municipal indigent drivers alcohol treatment fund as follows:	65099

(a) Regarding a suspension imposed under this section, that	65100
portion of the fee shall be deposited as follows:	65101

(i) If the fee is paid by a person who was charged in a	65102
county court with the violation that resulted in the suspension or	65103
in the imposition of the court costs, the portion shall be	65104
deposited into the county indigent drivers alcohol treatment fund	65105
under the control of that court;	65106

(ii) If the fee is paid by a person who was charged in a	65107
juvenile court with the violation that resulted in the suspension	65108
or in the imposition of the court costs, the portion shall be	65109
deposited into the county juvenile indigent drivers alcohol	65110
treatment fund established in the county served by the court;	65111

(iii) If the fee is paid by a person who was charged in a	65112
municipal court with the violation that resulted in the suspension	65113
or in the imposition of the court costs, the portion shall be	65114
deposited into the municipal indigent drivers alcohol treatment	65115
fund under the control of that court.	65116

(b) Regarding a suspension imposed under section 4511.19 of	65117
the Revised Code or under section 4510.07 of the Revised Code for	65118
a violation of a municipal OVI ordinance, that portion of the fee	65119
shall be deposited as follows:	65120

(i) If the fee is paid by a person whose license or permit	65121
was suspended by a county court, the portion shall be deposited	65122
into the county indigent drivers alcohol treatment fund under the	65123
control of that court;	65124

(ii) If the fee is paid by a person whose license or permit	65125
was suspended by a municipal court, the portion shall be deposited	65126
into the municipal indigent drivers alcohol treatment fund under	65127
the control of that court.	65128

(3) Expenditures from a county indigent drivers alcohol	65129
treatment fund, a county juvenile indigent drivers alcohol	65130
treatment fund, or a municipal indigent drivers alcohol treatment	65131
fund shall be made only upon the order of a county, juvenile, or	65132
municipal court judge and only for payment of the cost of an	65133
assessment or the cost of the attendance at an alcohol and drug	65134
addiction treatment program of a person who is convicted of, or	65135
found to be a juvenile traffic offender by reason of, a violation	65136
of division (A) of section 4511.19 of the Revised Code or a	65137
substantially similar municipal ordinance, who is ordered by the	65138
court to attend the alcohol and drug addiction treatment program,	65139
and who is determined by the court to be unable to pay the cost of	65140
the assessment or the cost of attendance at the treatment program	65141
or for payment of the costs specified in division (H)(4) of this	65142
section in accordance with that division. The alcohol and drug	65143
addiction services board or the board of alcohol, drug addiction,	65144
and mental health services established pursuant to section 340.02	65145
or 340.021 of the Revised Code and serving the alcohol, drug	65146
addiction, and mental health service district in which the court	65147
is located shall administer the indigent drivers alcohol treatment	65148
program of the court. When a court orders an offender or juvenile	65149
traffic offender to obtain an assessment or attend an alcohol and	65150
drug addiction treatment program, the board shall determine which	65151
program is suitable to meet the needs of the offender or juvenile	65152
traffic offender, and when a suitable program is located and space	65153
is available at the program, the offender or juvenile traffic	65154
offender shall attend the program designated by the board. A	65155
reasonable amount not to exceed five per cent of the amounts	65156
credited to and deposited into the county indigent drivers alcohol	65157
treatment fund, the county juvenile indigent drivers alcohol	65158
treatment fund, or the municipal indigent drivers alcohol	65159
treatment fund serving every court whose program is administered	65160
by that board shall be paid to the board to cover the costs it	65161
incurs in administering those indigent drivers alcohol treatment	65162
programs.	65163

In addition, upon exhaustion of moneys in the indigent	65164
drivers interlock and alcohol monitoring fund for the use of an	65165
alcohol monitoring device, a county, juvenile, or municipal court	65166
judge may use moneys in the county indigent drivers alcohol	65167
treatment fund, county juvenile indigent drivers alcohol treatment	65168
fund, or municipal indigent drivers alcohol treatment fund in the	65169
following manners:	65170

(a) If the source of the moneys was an appropriation of the	65171
general assembly, a portion of a fee that was paid under division	65172
(F) of this section, a portion of a fine that was specified for	65173
deposit into the fund by section 4511.193 of the Revised Code, or	65174
a portion of a fine that was paid for a violation of section	65175
4511.19 of the Revised Code or of a provision contained in Chapter	65176
4510. of the Revised Code that was required to be deposited into	65177
the fund, to pay for the continued use of an alcohol monitoring	65178
device by an offender or juvenile traffic offender, in conjunction	65179
with a treatment program approved by the department of alcohol and	65180
drug addiction services, when such use is determined clinically	65181
necessary by the treatment program and when the court determines	65182
that the offender or juvenile traffic offender is unable to pay	65183
all or part of the daily monitoring or cost of the device;	65184

(b) If the source of the moneys was a portion of an	65185
additional court cost imposed under section 2949.094 of the	65186
Revised Code, to pay for the continued use of an alcohol	65187
monitoring device by an offender or juvenile traffic offender when	65188
the court determines that the offender or juvenile traffic	65189
offender is unable to pay all or part of the daily monitoring or	65190
cost of the device. The moneys may be used for a device as	65191
described in this division if the use of the device is in	65192
conjunction with a treatment program approved by the department of	65193
alcohol and drug addiction services, when the use of the device is	65194
determined clinically necessary by the treatment program, but the	65195
use of a device is not required to be in conjunction with a	65196
treatment program approved by the department in order for the	65197
moneys to be used for the device as described in this division.	65198

(4) If a county, juvenile, or municipal court determines, in	65199
consultation with the alcohol and drug addiction services board or	65200
the board of alcohol, drug addiction, and mental health services	65201
established pursuant to section 340.02 or 340.021 of the Revised	65202
Code and serving the alcohol, drug addiction, and mental health	65203
district in which the court is located, that the funds in the	65204
county indigent drivers alcohol treatment fund, the county	65205
juvenile indigent drivers alcohol treatment fund, or the municipal	65206
indigent drivers alcohol treatment fund under the control of the	65207
court are more than sufficient to satisfy the purpose for which	65208
the fund was established, as specified in divisions (H)(1) to (3)	65209
of this section, the court may declare a surplus in the fund. If	65210
the court declares a surplus in the fund, the court may expend the	65211
amount of the surplus in the fund for:	65212

(a) Alcohol and drug abuse assessment and treatment of	65213
persons who are charged in the court with committing a criminal	65214
offense or with being a delinquent child or juvenile traffic	65215
offender and in relation to whom both of the following apply:	65216

(i) The court determines that substance abuse was a	65217
contributing factor leading to the criminal or delinquent activity	65218
or the juvenile traffic offense with which the person is charged.	65219

(ii) The court determines that the person is unable to pay	65220
the cost of the alcohol and drug abuse assessment and treatment	65221
for which the surplus money will be used.	65222

(b) All or part of the cost of purchasing alcohol monitoring	65223
devices to be used in conjunction with division (H)(3) of this	65224
section, upon exhaustion of moneys in the indigent drivers	65225
interlock and alcohol monitoring fund for the use of an alcohol	65226
monitoring device.	65227

(5) For the purpose of determining as described in division	65228
(F)(2)(c) of this section whether an offender does not have the	65229
means to pay for the offender's attendance at an alcohol and drug	65230
addiction treatment program or whether an alleged offender or	65231
delinquent child is unable to pay the costs specified in division	65232
(H)(4) of this section, the court shall use the indigent client	65233
eligibility guidelines and the standards of indigency established	65234
by the state public defender to make the determination.	65235

(6) The court shall identify and refer any alcohol and drug	65236
addiction program that is not certified under section 3793.06 of	65237
the Revised Code and that is interested in receiving amounts from	65238
the surplus in the fund declared under division (H)(4) of this	65239
section to the department of alcohol and drug addiction services	65240
in order for the program to become a certified alcohol and drug	65241
addiction program. The department shall keep a record of applicant	65242
referrals received pursuant to this division and shall submit a	65243
report on the referrals each year to the general assembly. If a	65244
program interested in becoming certified makes an application to	65245
become certified pursuant to section 3793.06 of the Revised Code,	65246
the program is eligible to receive surplus funds as long as the	65247
application is pending with the department. The department of	65248
alcohol and drug addiction services must offer technical	65249
assistance to the applicant. If the interested program withdraws	65250
the certification application, the department must notify the	65251
court, and the court shall not provide the interested program with	65252
any further surplus funds.	65253

(7)(a) Each alcohol and drug addiction services board and	65254
board of alcohol, drug addiction, and mental health services	65255
established pursuant to section 340.02 or 340.021 of the Revised	65256
Code shall submit to the department of alcohol and drug addiction	65257
services an annual report for each indigent drivers alcohol	65258
treatment fund in that board's area.	65259

(b) The report, which shall be submitted not later than sixty	65260
days after the end of the state fiscal year, shall provide the	65261
total payment that was made from the fund, including the number of	65262
indigent consumers that received treatment services and the number	65263
of indigent consumers that received an alcohol monitoring device.	65264
The report shall identify the treatment program and expenditure	65265
for an alcohol monitoring device for which that payment was made.	65266
The report shall include the fiscal year balance of each indigent	65267
drivers alcohol treatment fund located in that board's area. In	65268
the event that a surplus is declared in the fund pursuant to	65269
division (H)(4) of this section, the report also shall provide the	65270
total payment that was made from the surplus moneys and identify	65271
the treatment program and expenditure for an alcohol monitoring	65272
device for which that payment was made. The department may require	65273
additional information necessary to complete the comprehensive	65274
statewide alcohol and drug addiction services plan as required by	65275
section 3793.04 of the Revised Code.	65276

(c) If a board is unable to obtain adequate information to	65277
develop the report to submit to the department for a particular	65278
indigent drivers alcohol treatment fund, the board shall submit a	65279
report detailing the effort made in obtaining the information.	65280

(I)(1) Each county shall establish an indigent drivers	65281
interlock and alcohol monitoring fund and a juvenile indigent	65282
drivers interlock and alcohol treatment fund, and each municipal	65283
corporation in which there is a municipal court shall establish an	65284
indigent drivers interlock and alcohol monitoring fund. All	65285
revenue that the general assembly appropriates to the indigent	65286
drivers interlock and alcohol monitoring fund for transfer to a	65287
county indigent drivers interlock and alcohol monitoring fund, a	65288
county juvenile indigent drivers interlock and alcohol monitoring	65289
fund, or a municipal indigent drivers interlock and alcohol	65290
monitoring fund, all portions of license reinstatement fees that	65291
are paid under division (F)(2) of this section and that are	65292
credited under that division to the indigent drivers interlock and	65293
alcohol monitoring fund in the state treasury, and all portions of	65294
fines that are paid under division (G) of section 4511.19 of the	65295
Revised Code and that are credited by division (G)(5)(e) of that	65296
section to the indigent drivers interlock and alcohol monitoring	65297
fund in the state treasury shall be deposited in the appropriate	65298
fund in accordance with division (I)(2) of this section.	65299

(2) That portion of the license reinstatement fee that is	65300
paid under division (F) of this section and that portion of the	65301
fine paid under division (G) of section 4511.19 of the Revised	65302
Code and that is credited under either division to the indigent	65303
drivers interlock and alcohol monitoring fund shall be deposited	65304
into a county indigent drivers interlock and alcohol monitoring	65305
fund, a county juvenile indigent drivers interlock and alcohol	65306
monitoring fund, or a municipal indigent drivers interlock and	65307
alcohol monitoring fund as follows:	65308

(a) If the fee or fine is paid by a person who was charged in	65309
a county court with the violation that resulted in the suspension	65310
or fine, the portion shall be deposited into the county indigent	65311
drivers interlock and alcohol monitoring fund under the control of	65312
that court.	65313

(b) If the fee or fine is paid by a person who was charged in	65314
a juvenile court with the violation that resulted in the	65315
suspension or fine, the portion shall be deposited into the county	65316
juvenile indigent drivers interlock and alcohol monitoring fund	65317
established in the county served by the court.	65318

(c) If the fee or fine is paid by a person who was charged in	65319
a municipal court with the violation that resulted in the	65320
suspension, the portion shall be deposited into the municipal	65321
indigent drivers interlock and alcohol monitoring fund under the	65322
control of that court.	65323

Sec. 4511.193. (A) Twenty-five dollars of any fine imposed	65324
for a violation of a municipal OVI ordinance shall be deposited	65325
into the municipal or county indigent drivers alcohol treatment	65326
fund created pursuant to division (H) of section 4511.191 of the	65327
Revised Code in accordance with this section and section 733.40,	65328
divisions (A) ~~and~~, (B), and (C) of section 1901.024, division (F)	65329
of section 1901.31, or division (C) of section 1907.20 of the	65330
Revised Code. Regardless of whether the fine is imposed by a	65331
municipal court, a mayor's court, or a juvenile court, if the fine	65332
was imposed for a violation of an ordinance of a municipal	65333
corporation that is within the jurisdiction of a county-operated	65334
municipal court or a municipal court that is not a county-operated	65335
municipal court, the twenty-five dollars that is subject to this	65336
section shall be deposited into the indigent drivers alcohol	65337
treatment fund of the county in which that municipal corporation	65338
is located if the municipal court that has jurisdiction over that	65339
municipal corporation is a county-operated municipal court or of	65340
the municipal corporation in which is located the municipal court	65341
that has jurisdiction over that municipal corporation if that	65342
municipal court is not a county-operated municipal court.	65343
Regardless of whether the fine is imposed by a county court, a	65344
mayor's court, or a juvenile court, if the fine was imposed for a	65345
violation of an ordinance of a municipal corporation that is	65346
within the jurisdiction of a county court, the twenty-five dollars	65347
that is subject to this section shall be deposited into the	65348
indigent drivers alcohol treatment fund of the county in which is	65349
located the county court that has jurisdiction over that municipal	65350
corporation. The deposit shall be made in accordance with section	65351
733.40, divisions (A) ~~and~~, (B), and (C) of section 1901.024,	65352
division (F) of section 1901.31, or division (C) of section	65353
1907.20 of the Revised Code.	65354

(B) Any court cost imposed as a result of a violation of a	65355
municipal ordinance that is a moving violation and designated for	65356
an indigent drivers alcohol treatment fund established pursuant to	65357
division (H) of section 4511.191 of the Revised Code shall be	65358
deposited into the municipal or county indigent drivers alcohol	65359
treatment fund created pursuant to division (H) of section	65360
4511.191 of the Revised Code in accordance with this section and	65361
section 733.40, divisions (A), (B), and (C) of section 1901.024,	65362
division (F) of section 1901.31, or division (C) of section	65363
1907.20 of the Revised Code. Regardless of whether the court cost	65364
is imposed by a municipal court, a mayor's court, or a juvenile	65365
court, if the court cost was imposed for a violation of an	65366
ordinance of a municipal corporation that is within the	65367
jurisdiction of a county-operated municipal court or a municipal	65368
court that is not a county-operated municipal court, the court	65369
cost that is subject to this section shall be deposited into the	65370
indigent drivers alcohol treatment fund of the county in which	65371
that municipal corporation is located if the municipal court that	65372
has jurisdiction over that municipal corporation is a	65373
county-operated municipal court or of the municipal corporation in	65374
which is located the municipal court that has jurisdiction over	65375
that municipal corporation if that municipal court is not a	65376
county-operated municipal court. Regardless of whether the court	65377
cost is imposed by a county court, a mayor's court, or a juvenile	65378
court, if the court cost was imposed for a violation of an	65379
ordinance of a municipal corporation that is within the	65380
jurisdiction of a county court, the court cost that is subject to	65381
this section shall be deposited into the indigent drivers alcohol	65382
treatment fund of the county in which is located the county court	65383
that has jurisdiction over that municipal corporation. The deposit	65384
shall be made in accordance with section 733.40, divisions (A),	65385
(B), and (C) of section 1901.024, division (F) of section 1901.31,	65386
or division (C) of section 1907.20 of the Revised Code.	65387

(C)(1) The requirements and sanctions imposed by divisions	65388
~~(B)~~(C)(1) and (2) of this section are an adjunct to and derive	65389
from the state's exclusive authority over the registration and	65390
titling of motor vehicles and do not comprise a part of the	65391
criminal sentence to be imposed upon a person who violates a	65392
municipal OVI ordinance.	65393

(2) If a person is convicted of or pleads guilty to a	65394
violation of a municipal OVI ordinance, if the vehicle the	65395
offender was operating at the time of the offense is registered in	65396
the offender's name, and if, within six years of the current	65397
offense, the offender has been convicted of or pleaded guilty to	65398
one or more violations of division (A) or (B) of section 4511.19	65399
of the Revised Code or one or more other equivalent offenses, the	65400
court, in addition to and independent of any sentence that it	65401
imposes upon the offender for the offense, shall do whichever of	65402
the following is applicable:	65403

(a) Except as otherwise provided in division ~~(B)~~(C)(2)(b) of	65404
this section, if, within six years of the current offense, the	65405
offender has been convicted of or pleaded guilty to one violation	65406
described in division ~~(B)~~(C)(2) of this section, the court shall	65407
order the immobilization for ninety days of that vehicle and the	65408
impoundment for ninety days of the license plates of that vehicle.	65409
The order for the immobilization and impoundment shall be issued	65410
and enforced in accordance with section 4503.233 of the Revised	65411
Code.	65412

(b) If, within six years of the current offense, the offender	65413
has been convicted of or pleaded guilty to two or more violations	65414
described in division ~~(B)~~(C)(2) of this section, or if the	65415
offender previously has been convicted of or pleaded guilty to a	65416
violation of division (A) of section 4511.19 of the Revised Code	65417
under circumstances in which the violation was a felony and	65418
regardless of when the violation and the conviction or guilty plea	65419
occurred, the court shall order the criminal forfeiture to the	65420
state of that vehicle. The order of criminal forfeiture shall be	65421
issued and enforced in accordance with section 4503.234 of the	65422
Revised Code.	65423

(D) As used in this section, "county-operated municipal	65424
court" has the same meaning as in section 1901.03 of the Revised	65425
Code.	65426

Sec. 4517.01. As used in sections 4517.01 to 4517.65 of the	65427
Revised Code:	65428

(A) "Persons" includes individuals, firms, partnerships,	65429
associations, joint stock companies, corporations, and any	65430
combinations of individuals.	65431

(B) "Motor vehicle" means motor vehicle as defined in section	65432
4501.01 of the Revised Code and also includes "all-purpose	65433
vehicle" and "off-highway motorcycle" as those terms are defined	65434
in section 4519.01 of the Revised Code. "Motor vehicle" does not	65435
include a snowmobile as defined in section 4519.01 of the Revised	65436
Code or manufactured and mobile homes.	65437

(C) "New motor vehicle" means a motor vehicle, the legal	65438
title to which has never been transferred by a manufacturer,	65439
remanufacturer, distributor, or dealer to an ultimate purchaser.	65440

(D) "Ultimate purchaser" means, with respect to any new motor	65441
vehicle, the first person, other than a dealer purchasing in the	65442
capacity of a dealer, who in good faith purchases such new motor	65443
vehicle for purposes other than resale.	65444

(E) "Business" includes any activities engaged in by any	65445
person for the object of gain, benefit, or advantage either direct	65446
or indirect.	65447

(F) "Engaging in business" means commencing, conducting, or	65448
continuing in business, or liquidating a business when the	65449
liquidator thereof holds self out to be conducting such business;	65450
making a casual sale or otherwise making transfers in the ordinary	65451
course of business when the transfers are made in connection with	65452
the disposition of all or substantially all of the transferor's	65453
assets is not engaging in business.	65454

(G) "Retail sale" or "sale at retail" means the act or	65455
attempted act of selling, bartering, exchanging, or otherwise	65456
disposing of a motor vehicle to an ultimate purchaser for use as a	65457
consumer.	65458

(H) "Retail installment contract" includes any contract in	65459
the form of a note, chattel mortgage, conditional sales contract,	65460
lease, agreement, or other instrument payable in one or more	65461
installments over a period of time and arising out of the retail	65462
sale of a motor vehicle.	65463

(I) "Farm machinery" means all machines and tools used in the	65464
production, harvesting, and care of farm products.	65465

(J) "Dealer" or "motor vehicle dealer" means any new motor	65466
vehicle dealer, any motor vehicle leasing dealer, and any used	65467
motor vehicle dealer.	65468

(K) "New motor vehicle dealer" means any person engaged in	65469
the business of selling at retail, displaying, offering for sale,	65470
or dealing in new motor vehicles pursuant to a contract or	65471
agreement entered into with the manufacturer, remanufacturer, or	65472
distributor of the motor vehicles.	65473

(L) "Used motor vehicle dealer" means any person engaged in	65474
the business of selling, displaying, offering for sale, or dealing	65475
in used motor vehicles, at retail or wholesale, but does not mean	65476
any new motor vehicle dealer selling, displaying, offering for	65477
sale, or dealing in used motor vehicles incidentally to engaging	65478
in the business of selling, displaying, offering for sale, or	65479
dealing in new motor vehicles, any person engaged in the business	65480
of dismantling, salvaging, or rebuilding motor vehicles by means	65481
of using used parts, or any public officer performing official	65482
duties.	65483

(M) "Motor vehicle leasing dealer" means any person engaged	65484
in the business of regularly making available, offering to make	65485
available, or arranging for another person to use a motor vehicle	65486
pursuant to a bailment, lease, sublease, or other contractual	65487
arrangement under which a charge is made for its use at a periodic	65488
rate for a term of thirty days or more, and title to the motor	65489
vehicle is in and remains in the motor vehicle leasing dealer who	65490
originally leases it, irrespective of whether or not the motor	65491
vehicle is the subject of a later sublease, and not in the user,	65492
but does not mean a manufacturer or its affiliate leasing to its	65493
employees or to dealers.	65494

(N) "Salesperson" means any person employed by a dealer or	65495
~~manufactured home broker~~ to sell, display, and offer for sale, or	65496
deal in motor vehicles for a commission, compensation, or other	65497
valuable consideration, but does not mean any public officer	65498
performing official duties.	65499

(O) "Casual sale" means any transfer of a motor vehicle by a	65500
person other than a new motor vehicle dealer, used motor vehicle	65501
dealer, motor vehicle salvage dealer, as defined in division (A)	65502
of section 4738.01 of the Revised Code, salesperson, motor vehicle	65503
auction owner, manufacturer, or distributor acting in the capacity	65504
of a dealer, salesperson, auction owner, manufacturer, or	65505
distributor, to a person who purchases the motor vehicle for use	65506
as a consumer.	65507

(P) "Motor vehicle show" means a display of current models of	65508
motor vehicles whereby the primary purpose is the exhibition of	65509
competitive makes and models in order to provide the general	65510
public the opportunity to review and inspect various makes and	65511
models of motor vehicles at a single location.	65512

(Q) "Motor vehicle auction owner" means any person who is	65513
engaged wholly or in part in the business of auctioning motor	65514
vehicles.	65515

(R) "Manufacturer" means a person who manufactures,	65516
assembles, or imports motor vehicles, including motor homes, but	65517
does not mean a person who only assembles or installs a body,	65518
special equipment unit, finishing trim, or accessories on a motor	65519
vehicle chassis supplied by a manufacturer or distributor.	65520

(S) "Tent-type fold-out camping trailer" means any vehicle	65521
intended to be used, when stationary, as a temporary shelter with	65522
living and sleeping facilities, and that is subject to the	65523
following properties and limitations:	65524

(1) A minimum of twenty-five per cent of the fold-out portion	65525
of the top and sidewalls combined must be constructed of canvas,	65526
vinyl, or other fabric, and form an integral part of the shelter.	65527

(2) When folded, the unit must not exceed:

65528

(a) Fifteen feet in length, exclusive of bumper and tongue;

65529

(b) Sixty inches in height from the point of contact with the	65530
ground;	65531

65532

(d) One ton gross weight at time of sale.

65533

(T) "Distributor" means any person authorized by a motor	65534
vehicle manufacturer to distribute new motor vehicles to licensed	65535
new motor vehicle dealers, but does not mean a person who only	65536
assembles or installs a body, special equipment unit, finishing	65537
trim, or accessories on a motor vehicle chassis supplied by a	65538
manufacturer or distributor.	65539

(U) "Flea market" means a market place, other than a dealer's	65540
location licensed under this chapter, where a space or location is	65541
provided for a fee or compensation to a seller to exhibit and	65542
offer for sale or trade, motor vehicles to the general public.	65543

(V) "Franchise" means any written agreement, contract, or	65544
understanding between any motor vehicle manufacturer or	65545
remanufacturer engaged in commerce and any motor vehicle dealer	65546
that purports to fix the legal rights and liabilities of the	65547
parties to such agreement, contract, or understanding.	65548

(W) "Franchisee" means a person who receives new motor	65549
vehicles from the franchisor under a franchise agreement and who	65550
offers, sells, and provides service for such new motor vehicles to	65551
the general public.	65552

(X) "Franchisor" means a new motor vehicle manufacturer,	65553
remanufacturer, or distributor who supplies new motor vehicles	65554
under a franchise agreement to a franchisee.	65555

(Y) "Dealer organization" means a state or local trade	65556
association the membership of which is comprised predominantly of	65557
new motor vehicle dealers.	65558

(Z) "Factory representative" means a representative employed	65559
by a manufacturer, remanufacturer, or by a factory branch	65560
primarily for the purpose of promoting the sale of its motor	65561
vehicles, parts, or accessories to dealers or for supervising or	65562
contacting its dealers or prospective dealers.	65563

(AA) "Administrative or executive management" means those	65564
individuals who are not subject to federal wage and hour laws.	65565

(BB) "Good faith" means honesty in the conduct or transaction	65566
concerned and the observance of reasonable commercial standards of	65567
fair dealing in the trade as is defined in division (S) of section	65568
1301.01 of the Revised Code, including, but not limited to, the	65569
duty to act in a fair and equitable manner so as to guarantee	65570
freedom from coercion, intimidation, or threats of coercion or	65571
intimidation; provided however, that recommendation, endorsement,	65572
exposition, persuasion, urging, or argument shall not be	65573
considered to constitute a lack of good faith.	65574

(CC) "Coerce" means to compel or attempt to compel by failing	65575
to act in good faith or by threat of economic harm, breach of	65576
contract, or other adverse consequences. Coerce does not mean to	65577
argue, urge, recommend, or persuade.	65578

(DD) "Relevant market area" means any area within a radius of	65579
ten miles from the site of a potential new dealership, except that	65580
for manufactured home or recreational vehicle dealerships the	65581
radius shall be twenty-five miles. The ten-mile radius shall be	65582
measured from the dealer's established place of business that is	65583
used exclusively for the purpose of selling, displaying, offering	65584
for sale, or dealing in motor vehicles.	65585

(EE) "Wholesale" or "at wholesale" means the act or attempted	65586
act of selling, bartering, exchanging, or otherwise disposing of a	65587
motor vehicle to a transferee for the purpose of resale and not	65588
for ultimate consumption by that transferee.	65589

(FF) "Motor vehicle wholesaler" means any person licensed as	65590
a dealer under the laws of another state and engaged in the	65591
business of selling, displaying, or offering for sale used motor	65592
vehicles, at wholesale, but does not mean any motor vehicle dealer	65593
as defined in this section.	65594

(GG)(1) "Remanufacturer" means a person who assembles or	65595
installs passenger seating, walls, a roof elevation, or a body	65596
extension on a conversion van with the motor vehicle chassis	65597
supplied by a manufacturer or distributor, a person who modifies a	65598
truck chassis supplied by a manufacturer or distributor for use as	65599
a public safety or public service vehicle, a person who modifies a	65600
motor vehicle chassis supplied by a manufacturer or distributor	65601
for use as a limousine or hearse, or a person who modifies an	65602
incomplete motor vehicle cab and chassis supplied by a new motor	65603
vehicle dealer or distributor for use as a tow truck, but does not	65604
mean either of the following:	65605

(a) A person who assembles or installs passenger seating, a	65606
roof elevation, or a body extension on a recreational vehicle as	65607
defined in division (Q) and referred to in division (B) of section	65608
4501.01 of the Revised Code;	65609

(b) A person who assembles or installs special equipment or	65610
accessories for handicapped persons, as defined in section 4503.44	65611
of the Revised Code, upon a motor vehicle chassis supplied by a	65612
manufacturer or distributor.	65613

(2) For the purposes of division (GG)(1) of this section,	65614
"public safety vehicle or public service vehicle" means a fire	65615
truck, ambulance, school bus, street sweeper, garbage packing	65616
truck, or cement mixer, or a mobile self-contained facility	65617
vehicle.	65618

(3) For the purposes of division (GG)(1) of this section,	65619
"limousine" means a motor vehicle, designed only for the purpose	65620
of carrying nine or fewer passengers, that a person modifies by	65621
cutting the original chassis, lengthening the wheelbase by forty	65622
inches or more, and reinforcing the chassis in such a way that all	65623
modifications comply with all applicable federal motor vehicle	65624
safety standards. No person shall qualify as or be deemed to be a	65625
remanufacturer who produces limousines unless the person has a	65626
written agreement with the manufacturer of the chassis the person	65627
utilizes to produce the limousines to complete properly the	65628
remanufacture of the chassis into limousines.	65629

(4) For the purposes of division (GG)(1) of this section,	65630
"hearse" means a motor vehicle, designed only for the purpose of	65631
transporting a single casket, that is equipped with a compartment	65632
designed specifically to carry a single casket that a person	65633
modifies by cutting the original chassis, lengthening the	65634
wheelbase by ten inches or more, and reinforcing the chassis in	65635
such a way that all modifications comply with all applicable	65636
federal motor vehicle safety standards. No person shall qualify as	65637
or be deemed to be a remanufacturer who produces hearses unless	65638
the person has a written agreement with the manufacturer of the	65639
chassis the person utilizes to produce the hearses to complete	65640
properly the remanufacture of the chassis into hearses.	65641

(5) For the purposes of division (GG)(1) of this section,	65642
"mobile self-contained facility vehicle" means a mobile classroom	65643
vehicle, mobile laboratory vehicle, bookmobile, bloodmobile,	65644
testing laboratory, and mobile display vehicle, each of which is	65645
designed for purposes other than for passenger transportation and	65646
other than the transportation or displacement of cargo, freight,	65647
materials, or merchandise. A vehicle is remanufactured into a	65648
mobile self-contained facility vehicle in part by the addition of	65649
insulation to the body shell, and installation of all of the	65650
following: a generator, electrical wiring, plumbing, holding	65651
tanks, doors, windows, cabinets, shelving, and heating,	65652
ventilating, and air conditioning systems.	65653

(6) For the purposes of division (GG)(1) of this section,	65654
"tow truck" means both of the following:	65655

(a) An incomplete cab and chassis that are purchased by a	65656
remanufacturer from a new motor vehicle dealer or distributor of	65657
the cab and chassis and on which the remanufacturer then installs	65658
in a permanent manner a wrecker body it purchases from a	65659
manufacturer or distributor of wrecker bodies, installs an	65660
emergency flashing light pylon and emergency lights upon the mast	65661
of the wrecker body or rooftop, and installs such other related	65662
accessories and equipment, including push bumpers, front grille	65663
guards with pads and other custom-ordered items such as painting,	65664
special lettering, and safety striping so as to create a complete	65665
motor vehicle capable of lifting and towing another motor vehicle.	65666

(b) An incomplete cab and chassis that are purchased by a	65667
remanufacturer from a new motor vehicle dealer or distributor of	65668
the cab and chassis and on which the remanufacturer then installs	65669
in a permanent manner a car carrier body it purchases from a	65670
manufacturer or distributor of car carrier bodies, installs an	65671
emergency flashing light pylon and emergency lights upon the	65672
rooftop, and installs such other related accessories and	65673
equipment, including push bumpers, front grille guards with pads	65674
and other custom-ordered items such as painting, special	65675
lettering, and safety striping.	65676

As used in division (GG)(6)(b) of this section, "car carrier	65677
body" means a mechanical or hydraulic apparatus capable of lifting	65678
and holding a motor vehicle on a flat level surface so that one or	65679
more motor vehicles can be transported, once the car carrier is	65680
permanently installed upon an incomplete cab and chassis.	65681

(HH) "Operating as a new motor vehicle dealership" means	65682
engaging in activities such as displaying, offering for sale, and	65683
selling new motor vehicles at retail, operating a service facility	65684
to perform repairs and maintenance on motor vehicles, offering for	65685
sale and selling motor vehicle parts at retail, and conducting all	65686
other acts that are usual and customary to the operation of a new	65687
motor vehicle dealership. For the purposes of this chapter only,	65688
possession of either a valid new motor vehicle dealer franchise	65689
agreement or a new motor vehicle dealers license, or both of these	65690
items, is not evidence that a person is operating as a new motor	65691
vehicle dealership.	65692

(II) "Outdoor power equipment" means garden and small utility	65693
tractors, walk-behind and riding mowers, chainsaws, and tillers.	65694

(JJ) "Remote service facility" means premises that are	65695
separate from a licensed new motor vehicle dealer's sales facility	65696
by not more than one mile and that are used by the dealer to	65697
perform repairs, warranty work, recall work, and maintenance on	65698
motor vehicles pursuant to a franchise agreement entered into with	65699
a manufacturer of motor vehicles. A remote service facility shall	65700
be deemed to be part of the franchise agreement and is subject to	65701
all the rights, duties, obligations, and requirements of Chapter	65702
4517. of the Revised Code that relate to the performance of motor	65703
vehicle repairs, warranty work, recall work, and maintenance work	65704
by new motor vehicle dealers.	65705

(KK) "Recreational vehicle" has the same meaning as in	65706
section 4501.01 of the Revised Code.	65707

Sec. 4517.04. Each person applying for a new motor vehicle	65708
dealer's license shall ~~annually~~biennially make out and deliver to	65709
the registrar of motor vehicles, before the first day of April,	65710
and upon a blank to be furnished by the registrar for that	65711
purpose, a separate application for license for each county in	65712
which the business of selling new motor vehicles is to be	65713
conducted. The application shall be in the form prescribed by the	65714
registrar, shall be signed and sworn to by the applicant, and, in	65715
addition to any other information required by the registrar, shall	65716
include the following:	65717

(A) Name of applicant and location of principal place of	65718
business;	65719

(B) Name or style under which business is to be conducted	65720
and, if a corporation, the state of incorporation;	65721

(C) Name and address of each owner or partner and, if a	65722
corporation, the names of the officers and directors;	65723

(D) The county in which the business is to be conducted and	65724
the address of each place of business therein;	65725

(E) A statement of the previous history, record, and	65726
association of the applicant and of each owner, partner, officer,	65727
and director, that shall be sufficient to establish to the	65728
satisfaction of the registrar the reputation in business of the	65729
applicant;	65730

(F) A statement showing whether the applicant has previously	65731
applied for a motor vehicle dealer's license, motor vehicle	65732
leasing dealer's license, ~~manufactured home broker's license,~~	65733
distributor's license, motor vehicle auction owner's license, or	65734
motor vehicle salesperson's license, and the result of the	65735
application, and whether the applicant has ever been the holder of	65736
any such license that was revoked or suspended;	65737

(G) If the applicant is a corporation or partnership, a	65738
statement showing whether any partner, employee, officer, or	65739
director has been refused a motor vehicle dealer's license, motor	65740
vehicle leasing dealer's license, ~~manufactured home broker's~~	65741
~~license,~~ distributor's license, motor vehicle auction owner's	65742
license, or motor vehicle salesperson's license, or has been the	65743
holder of any such license that was revoked or suspended;	65744

(H) A statement of the makes of new motor vehicles to be	65745
handled.	65746

The statement required by division (E) of this section shall	65747
indicate whether the applicant or, if applicable, any of the	65748
applicant's owners, partners, officers, or directors,	65749
individually, or as owner, partner, officer, or director of a	65750
business entity, has been convicted of, pleaded guilty, or pleaded	65751
no contest, in a criminal action, or had a judgment rendered	65752
against ~~him~~the person in a civil action for, a violation of	65753
sections 4549.41 to 4549.46 of the Revised Code, of any	65754
substantively comparable provisions of the law of any other state,	65755
or of subchapter IV of the "Motor Vehicle Information and Cost	65756
Savings Act," 86 Stat. 961 (1972), 15 U.S.C. 1981.	65757

A true copy of the contract, agreement, or understanding the	65758
applicant has entered into or is about to enter into with the	65759
manufacturer or distributor of the new motor vehicles the	65760
applicant will handle shall be filed with the application. If the	65761
contract, agreement, or understanding is not in writing, a written	65762
statement of all the terms thereof shall be filed. Each such copy	65763
or statement shall bear a certificate signed by each party to the	65764
contract, agreement, or understanding, to the effect that the copy	65765
or statement is true and complete and contains all of the	65766
agreements made or about to be made between the parties.	65767

The application also shall be accompanied by a photograph, as	65768
prescribed by the registrar, of each place of business operated,	65769
or to be operated, by the applicant.	65770

Sec. 4517.09. Each person applying for a salesperson's	65771
license shall ~~annually~~biennially make out and deliver to the	65772
registrar of motor vehicles, before the first day of July and upon	65773
a blank to be furnished by the registrar for that purpose, an	65774
application for license. The application shall be in the form	65775
prescribed by the registrar, shall be signed and sworn to by the	65776
applicant, and, in addition to any other information required by	65777
the registrar, shall include the following:	65778

(A) Name and post-office address of the applicant;

65779

(B) Name and post-office address of the motor vehicle dealer	65780
~~or manufactured home broker~~ for whom the applicant intends to act	65781
as salesperson;	65782

(C) A statement of the applicant's previous history, record,	65783
and association, that shall be sufficient to establish to the	65784
satisfaction of the registrar the applicant's reputation in	65785
business;	65786

(D) A statement as to whether the applicant intends to engage	65787
in any occupation or business other than that of a motor vehicle	65788
salesperson;	65789

(E) A statement as to whether the applicant has ever had any	65790
previous application refused, and whether the applicant has	65791
previously had a license revoked or suspended;	65792

(F) A statement as to whether the applicant was an employee	65793
of or salesperson for a dealer ~~or manufactured home broker~~ whose	65794
license was suspended or revoked;	65795

(G) A statement of the motor vehicle dealer ~~or manufactured~~	65796
~~home broker~~ named therein, designating the applicant as the	65797
dealer's ~~or broker's~~ salesperson.	65798

The statement required by division (C) of this section shall	65799
indicate whether the applicant individually, or as an owner,	65800
partner, officer, or director of a business entity, has been	65801
convicted of, or pleaded guilty to, in a criminal action, or had a	65802
judgment rendered against the applicant in a civil action for, a	65803
violation of sections 4549.41 to 4549.46 of the Revised Code, of	65804
any substantively comparable provisions of the law of any other	65805
state, or of subchapter IV of the "Motor Vehicle Information and	65806
Cost Savings Act," 86 Stat. 961 (1972), 15 U.S.C. 1981.	65807

Sec. 4517.10. At the time the registrar of motor vehicles	65808
grants the application of any person for a license as motor	65809
vehicle dealer, motor vehicle leasing dealer, ~~manufactured home~~	65810
~~broker,~~ distributor, motor vehicle auction owner, or motor vehicle	65811
salesperson, the registrar shall issue to the person a license.	65812
The registrar shall prescribe different forms for the licenses of	65813
motor vehicle dealers, motor vehicle leasing dealers, ~~manufactured~~	65814
~~home brokers,~~ distributors, motor vehicle auction owners, and	65815
motor vehicle salespersons, and all licenses shall include the	65816
name and post-office address of the person licensed.	65817

The fee for a dealer's license,and a motor vehicle leasing	65818
dealer's license~~, and a manufactured home broker's license~~ shall	65819
be fifty dollars, and the fee for a salesperson's license shall be	65820
ten dollars. The fee for a motor vehicle auction owner's license	65821
shall be one hundred dollars for each location. The fee for a	65822
distributor's license shall be one hundred dollars for each	65823
distributorship. In all cases, the fee shall accompany the	65824
application for license.	65825

The registrar may require each applicant for a license issued	65826
under this chapter to pay an additional fee, which shall be used	65827
by the registrar to pay the costs of obtaining a record of any	65828
arrests and convictions of the applicant from the Ohio bureau of	65829
identification and investigation. The amount of the fee shall be	65830
equal to that paid by the registrar to obtain such record.	65831

If a dealer,or a motor vehicle leasing dealer~~, or a~~	65832
~~manufactured home broker,~~ has more than one place of business in	65833
the county, the dealer ~~or the broker~~ shall make application, in	65834
such form as the registrar prescribes, for a certified copy of the	65835
license issued to the dealer ~~or manufactured home broker~~ for each	65836
place of business operated. In the event of the loss, mutilation,	65837
or destruction of a license issued under sections 4517.01 to	65838
4517.65 of the Revised Code, any licensee may make application to	65839
the registrar, in such form as the registrar prescribes, for a	65840
duplicate copy thereof. The fee for a certified or duplicate copy	65841
of a dealer's, motor vehicle leasing dealer's, ~~manufactured home~~	65842
~~broker's,~~ distributor's, or auction owner's license, is two	65843
dollars, and the fee for a duplicate copy of a salesperson's	65844
license is one dollar. All fees for such copies shall accompany	65845
the applications.	65846

Beginning on ~~the effective date of this amendment~~September	65847
16, 2004, all dealers' licenses, motor vehicle leasing dealers'	65848
licenses, ~~manufactured home broker's licenses,~~ distributors'	65849
licenses, auction owners' licenses, and all salespersons' licenses	65850
issued or renewed shall expire biennially on a day within the	65851
two-year cycle that is prescribed by the registrar, unless sooner	65852
suspended or revoked. Before the first day after the day	65853
prescribed by the registrar in the year that the license expires,	65854
each licensed dealer, motor vehicle leasing dealer, ~~manufactured~~	65855
~~home broker,~~ distributor, and auction owner and each licensed	65856
salesperson, in the year in which the license will expire, shall	65857
file an application, in such form as the registrar prescribes, for	65858
the renewal of such license. The fee provided in this section for	65859
the original license shall accompany the application.	65860

Any salesperson's license shall be suspended upon the	65861
termination, suspension, or revocation of the license of the motor	65862
vehicle dealer ~~or manufactured home broker~~ for whom the	65863
salesperson is acting, or upon the salesperson leaving the service	65864
of the motor vehicle dealer ~~or manufactured home broker~~; provided	65865
that upon the termination, suspension, or revocation of the	65866
license of the motor vehicle dealer ~~or manufactured home broker~~	65867
for whom the salesperson is acting, or upon the salesperson	65868
leaving the service of a licensed motor vehicle dealer or	65869
~~manufactured home broker~~, the licensed salesperson, upon entering	65870
the service of any other licensed motor vehicle dealer or	65871
~~manufactured home broker~~, shall make application to the registrar,	65872
in such form as the registrar prescribes, to have the	65873
salesperson's license reinstated, transferred, and registered as a	65874
salesperson for the other dealer ~~or broker~~. If the information	65875
contained in the application is satisfactory to the registrar, the	65876
registrar shall have the salesperson's license reinstated,	65877
transferred, and registered as a salesperson for the other dealer	65878
~~or broker~~. The fee for the reinstatement and transfer of license	65879
shall be two dollars. No license issued to a dealer, motor vehicle	65880
leasing dealer, auction owner, ~~manufactured home broker,~~ or	65881
salesperson, under sections 4517.01 to 4517.65 of the Revised Code	65882
shall be transferable to any other person.	65883

Each dealer, motor vehicle leasing dealer, ~~manufactured home~~	65884
~~broker,~~ distributor, and auction owner shall keep the license or a	65885
certified copy thereof and, in the case of a dealer ~~or broker~~, a	65886
current list of the dealer's ~~or the broker's~~ licensed	65887
salespersons, showing the names, addresses, and serial numbers of	65888
their licenses, posted in a conspicuous place in each place of	65889
business. Each salesperson shall carry the salesperson's license	65890
or a certified copy thereof and shall exhibit such license or copy	65891
upon demand to any inspector of the bureau of motor vehicles,	65892
state highway patrol trooper, police officer, or person with whom	65893
the salesperson seeks to transact business as a motor vehicle	65894
salesperson.	65895

The notice of refusal to grant a license shall disclose the	65896
reason for refusal.	65897

Sec. 4517.12. (A) The registrar of motor vehicles shall deny	65898
the application of any person for a license as a motor vehicle	65899
dealer, motor vehicle leasing dealer, ~~manufactured home broker,~~ or	65900
motor vehicle auction owner and refuse to issue the license if the	65901
registrar finds that the applicant:	65902

(1) Has made any false statement of a material fact in the	65903
application;	65904

(2) Has not complied with sections 4517.01 to 4517.45 of the	65905
Revised Code;	65906

(3) Is of bad business repute or has habitually defaulted on	65907
financial obligations;	65908

(4) Is engaged or will engage in the business of selling at	65909
retail any new motor vehicles without having written authority	65910
from the manufacturer or distributor thereof to sell new motor	65911
vehicles and to perform repairs under the terms of the	65912
manufacturer's or distributor's new motor vehicle warranty, except	65913
as provided in division (C) of this section and except that a	65914
person who assembles or installs special equipment or accessories	65915
for handicapped persons, as defined in section 4503.44 of the	65916
Revised Code, upon a motor vehicle chassis supplied by a	65917
manufacturer or distributor shall not be denied a license pursuant	65918
to division (A)(4) of this section;	65919

(5) Has been guilty of a fraudulent act in connection with	65920
selling or otherwise dealing in, or leasing, motor vehicles, or in	65921
connection with brokering manufactured homes;	65922

(6) Has entered into or is about to enter into a contract or	65923
agreement with a manufacturer or distributor of motor vehicles	65924
that is contrary to sections 4517.01 to 4517.45 of the Revised	65925
Code;	65926

(7) Is insolvent;

65927

(8) Is of insufficient responsibility to ensure the prompt	65928
payment of any final judgments that might reasonably be entered	65929
against the applicant because of the transaction of business as a	65930
motor vehicle dealer, motor vehicle leasing dealer, ~~manufactured~~	65931
~~home broker,~~ or motor vehicle auction owner during the period of	65932
the license applied for, or has failed to satisfy any such	65933
judgment;	65934

(9) Has no established place of business that, where	65935
applicable, is used or will be used for the purpose of selling,	65936
displaying, offering for sale, dealing in, or leasing motor	65937
vehicles at the location for which application is made;	65938

(10) Has, less than twelve months prior to making	65939
application, been denied a motor vehicle dealer's, motor vehicle	65940
leasing dealer's, ~~manufactured home broker's,~~ or motor vehicle	65941
auction owner's license, or has any such license revoked.	65942

(B) If the applicant is a corporation or partnership, the	65943
registrar may refuse to issue a license if any officer, director,	65944
or partner of the applicant has been guilty of any act or omission	65945
that would be cause for refusing or revoking a license issued to	65946
such officer, director, or partner as an individual. The	65947
registrar's finding may be based upon facts contained in the	65948
application or upon any other information the registrar may have.	65949
Immediately upon denying an application for any of the reasons in	65950
this section, the registrar shall enter a final order together	65951
with the registrar's findings and certify the same to the motor	65952
vehicle dealers' and salespersons' licensing board.	65953

(C) Notwithstanding division (A)(4) of this section, the	65954
registrar shall not deny the application of any person and refuse	65955
to issue a license if the registrar finds that the applicant is	65956
engaged or will engage in the business of selling at retail any	65957
new motor vehicles and demonstrates all of the following in the	65958
form prescribed by the registrar:	65959

(1) That the applicant has posted a bond, surety, or	65960
certificate of deposit with the registrar in an amount not less	65961
than one hundred thousand dollars for the protection and benefit	65962
of the applicant's customers except that a new motor vehicle	65963
dealer who is not exclusively engaged in the business of selling	65964
remanufactured vehicles shall not be required to post the bond,	65965
surety, or certificate of deposit otherwise required by division	65966
(C)(1) of this section;	65967

(2) ~~That, at the time of the sale of the vehicle, each~~	65968
~~customer of the applicant will be furnished with a binding~~	65969
~~agreement ensuring that the customer has the right to have the~~	65970
~~vehicle serviced or repaired by a new motor vehicle dealer who is~~	65971
~~licensed to sell and service vehicles of the same line-make as the~~	65972
~~chassis of the remanufactured vehicle purchased by the customer~~	65973
~~and whose service or repair facility is located within either~~	65974
~~twenty miles of the applicant's location and place of business or~~	65975
~~twenty miles of the customer's residence or place of business. If~~	65976
~~there is no such new motor vehicle dealer located within twenty~~	65977
~~miles of the applicant's location and place of business or the~~	65978
~~customer's residence or place of business, the binding agreement~~	65979
~~furnished to the customer may be with the new motor vehicle dealer~~	65980
~~who is franchised to sell and service vehicles of the same~~	65981
~~line-make as the chassis of the remanufactured vehicle purchased~~	65982
~~by the customer and whose service or repair facility is located~~	65983
~~nearest to the remanufacturer's location and place of business or~~	65984
~~the customer's residence or place of business.~~	65985

~~(3)~~ That, at the time of the sale of the vehicle, each	65986
customer of the applicant will be furnished with a warranty issued	65987
by the remanufacturer for a term of at least one year;	65988

~~(4)~~(3) That the applicant provides and maintains at the	65989
applicant's location and place of business a permanent facility	65990
with all of the following:	65991

(a) A showroom with space, under roof, for the display of at	65992
least one new motor vehicle;	65993

(b) A service and parts facility for remanufactured vehicles;

65994

(c) Full-time service and parts personnel with the proper	65995
training and technical expertise to service the remanufactured	65996
vehicles sold by the applicant.	65997

Sec. 4517.13. The registrar of motor vehicles shall deny the	65998
application of any person for a license as a distributor and	65999
refuse to issue the license if the registrar finds that the	66000
applicant:	66001

(A) Has made any false statement of a material fact in the	66002
application;	66003

(B) Has not complied with sections 4517.01 to 4517.45 of the	66004
Revised Code;	66005

(C) Is of bad business repute or has habitually defaulted on	66006
financial obligations;	66007

(D) Is engaged or will engage in the business of distributing	66008
any new motor vehicle without having the authority of a contract	66009
with the manufacturer of the vehicle;	66010

(E) Has been guilty of a fraudulent act in connection with	66011
selling or otherwise dealing in motor vehicles;	66012

(F) Has entered into or is about to enter into a contract or	66013
agreement with a manufacturer of motor vehicles that is contrary	66014
to sections 4517.01 to 4517.45 of the Revised Code;	66015

(G) Is insolvent;

66016

(H) Is of insufficient responsibility to ensure the prompt	66017
payment of any financial judgment that might reasonably be entered	66018
against the applicant because of the transaction of business as a	66019
distributor during the period of the license applied for, or has	66020
failed to satisfy any such judgment;	66021

(I) Has no established place of business that, where	66022
applicable, is used or will be used exclusively for the purpose of	66023
distributing new motor vehicles at the location for which	66024
application is made;	66025

(J) Has, less than twelve months prior to making application,	66026
been denied a distributor's, motor vehicle dealer's, motor vehicle	66027
leasing dealer's, ~~manufactured home broker's,~~ or motor vehicle	66028
auction owner's license, or had any such license revoked.	66029

If the applicant is a corporation or partnership, the	66030
registrar may refuse to issue a license if any officer, director,	66031
employee, or partner of the applicant has been guilty of any act	66032
or omission that would be cause for refusing or revoking a license	66033
issued to such officer, director, employee, or partner as an	66034
individual. The registrar's finding may be based upon facts	66035
contained in the application or upon any other information the	66036
registrar may have. Immediately upon denying an application for	66037
any of the reasons in this section, the registrar shall enter a	66038
final order together with the registrar's findings and certify the	66039
same to the motor vehicle dealers board.	66040

Sec. 4517.14. The registrar of motor vehicles shall deny the	66041
application of any person for a license as a salesperson and	66042
refuse to issue the license if the registrar finds that the	66043
applicant:	66044

(A) Has made any false statement of a material fact in the	66045
application;	66046

(B) Has not complied with sections 4517.01 to 4517.45 of the	66047
Revised Code;	66048

(C) Is of bad business repute or has habitually defaulted on	66049
financial obligations;	66050

(D) Has been guilty of a fraudulent act in connection with	66051
selling or otherwise dealing in motor vehicles;	66052

(E) Has not been designated to act as salesperson for a motor	66053
vehicle dealer ~~or manufactured home broker~~ licensed to do business	66054
in this state under section 4517.10 of the Revised Code, or	66055
intends to act as salesperson for more than one licensed motor	66056
vehicle dealer ~~or manufactured home broker~~ at the same time,	66057
except that a licensed salesperson may act as a salesperson at any	66058
licensed dealership owned or operated by the same ~~corporation~~	66059
company, regardless of the county in which the dealership's	66060
facility is located;	66061

(F) Holds a current motor vehicle dealer's ~~or manufactured~~	66062
~~home broker's~~ license issued under section 4517.10 of the Revised	66063
Code, and intends to act as salesperson for another licensed motor	66064
vehicle dealer ~~or manufactured home broker~~;	66065

(G) Has, less than twelve months prior to making application,	66066
been denied a salesperson's license or had a salesperson's license	66067
revoked.	66068

The registrar may refuse to issue a salesperson's license to	66069
an applicant who was salesperson for, or in the employ of, a motor	66070
vehicle dealer ~~or manufactured home broker~~ at the time the	66071
dealer's ~~or broker's~~ license was revoked. The registrar's finding	66072
may be based upon any statement contained in the application or	66073
upon any facts within the registrar's knowledge, and, immediately	66074
upon refusing to issue a salesperson's license, the registrar	66075
shall enter a final order and shall certify the final order	66076
together with his findings to the motor vehicle dealers board.	66077

Sec. 4517.23. (A) Any licensed motor vehicle dealer, motor	66078
vehicle leasing dealer, ~~manufactured home broker,~~ or distributor	66079
shall notify the registrar of motor vehicles concerning any change	66080
in status as a dealer, motor vehicle leasing dealer, ~~manufactured~~	66081
~~home broker,~~ or distributor during the period for which the	66082
dealer, ~~broker,~~ or distributor is licensed, if the change of	66083
status concerns any of the following:	66084

(1) Personnel of owners, partners, officers, or directors;

66085

(2) Location of office or principal place of business;

66086

(3) In the case of a motor vehicle dealer, any contract or	66087
agreement with any manufacturer or distributor; and in the case of	66088
a distributor, any contract or agreement with any manufacturer.	66089

(B) The notification required by division (A) of this section	66090
shall be made by filing with the registrar, within fifteen days	66091
after the change of status, a supplemental statement in a form	66092
prescribed by the registrar showing in what respect the status has	66093
been changed. If the change involves a change in any contract or	66094
agreement between any manufacturer or distributor, and dealer, or	66095
any manufacturer and distributor, the supplemental statement shall	66096
be accompanied by such copies of contracts, statements, and	66097
certificates as would have been required by sections 4517.01 to	66098
4517.45 of the Revised Code if the change had occurred prior to	66099
the licensee's application for license.	66100

The motor vehicle dealers board may adopt a rule exempting	66101
from the notification requirement of division (A)(1) of this	66102
section any dealer if stock in the dealer or its parent company is	66103
publicly traded and if there are public records with state or	66104
federal agencies that provide the information required by division	66105
(A)(1) of this section.	66106

(C) Whoever violates this section is guilty of a misdemeanor	66107
of the fourth degree.	66108

Sec. 4517.24. (A) No two motor vehicle dealers shall engage	66109
in business at the same location, unless they agree to be jointly,	66110
severally, and personally liable for any liability arising from	66111
their engaging in business at the same location. The agreement	66112
shall be filed with the motor vehicle dealers board, and shall	66113
also be made a part of the articles of incorporation of each such	66114
dealer filed with the secretary of state. Whenever the board has	66115
reason to believe that a dealer who has entered into such an	66116
agreement has revoked the agreement but continues to engage in	66117
business at the same location, the board shall revoke the dealer's	66118
license.	66119

(B) ~~This section does not apply to two or more motor vehicle~~	66120
~~dealers engaged in the business of selling new or used~~	66121
~~manufactured or mobile homes in the same manufactured home park.~~	66122

~~(C)~~ Whoever violates this section is guilty of a misdemeanor	66123
of the fourth degree.	66124

Sec. 4517.44. (A) No manufacturer or distributor of motor	66125
vehicles, dealer in motor vehicles, ~~or manufactured home broker,~~	66126
nor any owner, proprietor, person in control, or keeper of any	66127
garage, stable, shop, or other place of business, shall fail to	66128
keep or cause to be kept any record required by law.	66129

(B) Whoever violates this section is guilty of a minor	66130
misdemeanor.	66131

Sec. 4705.021. (A) As used in this section:

66132

(1) "Disciplinary counsel" means the disciplinary counsel	66133
appointed by the board of commissioners on grievances and	66134
discipline of the supreme court under the Rules for the Government	66135
of the Bar of Ohio.	66136

(2) "Certified grievance committee" means a duly constituted	66137
and organized committee of the Ohio state bar association or of	66138
one or more local bar associations of the state that complies with	66139
the criteria set forth in rule V, section 3 of the Rules for the	66140
Government of the Bar of Ohio.	66141

(3) "Child support order" has the same meaning as in section	66142
3119.01 of the Revised Code.	66143

(B) If an individual who has been admitted to the bar by	66144
order of the supreme court in compliance with its published rules	66145
is determined pursuant to sections 3123.01 to 3123.07 of the	66146
Revised Code by a court or child support enforcement agency to be	66147
in default under a support order being administered or handled by	66148
a child support enforcement agency, that agency may send a notice	66149
listing the name and social security number or other	66150
identification number of the individual and a certified copy of	66151
the court or agency determination that the individual is in	66152
default to the secretary of the board of commissioners on	66153
grievances and discipline of the supreme court and to either the	66154
disciplinary counsel or the president, secretary, and chairperson	66155
of each certified grievance committee if both of the following are	66156
the case:	66157

(1) At least ninety days have elapsed since the final and	66158
enforceable determination of default;	66159

(2) In the preceding ninety days, the obligor has failed to	66160
pay at least fifty per cent of the arrearage through means other	66161
than those described in sections 3123.81 to 3123.85 of the Revised	66162
Code.	66163

Sec. 4709.13. (A) The barber board may refuse to issue or	66164
renew or may suspend or revoke or impose conditions upon any	66165
license issued pursuant to this chapter for any one or more of the	66166
following causes:	66167

(1) ~~Conviction of a felony shown by a certified copy of the~~	66168
~~record of the court of conviction;~~	66169

~~(2)~~ Advertising by means of knowingly false or deceptive	66170
statements;	66171

~~(3)~~(2) Habitual drunkenness or possession of or addiction to	66172
the use of any controlled drug prohibited by state or federal law;	66173

~~(4)~~(3) Immoral or unprofessional conduct;

66174

~~(5)~~(4) Continuing to be employed in a barber shop wherein	66175
rules of the board or department of health are violated;	66176

~~(6)~~(5) Employing any person who does not have a current Ohio	66177
license to perform the practice of barbering;	66178

~~(7)~~(6) Owning, managing, operating, or controlling any barber	66179
school or portion thereof, wherein the practice of barbering is	66180
carried on, whether in the same building or not, without	66181
displaying a sign at all entrances to the places where the	66182
barbering is carried on, indicating that the work therein is done	66183
by students exclusively;	66184

~~(8)~~(7) Owning, managing, operating, or controlling any barber	66185
shop, unless it displays a recognizable sign or barber pole	66186
indicating that it is a barber shop, and the sign or pole is	66187
clearly visible at the main entrance to the shop;	66188

~~(9)~~(8) Violating any sanitary rules approved by the	66189
department of health or the board;	66190

~~(10)~~(9) Employing another person to perform or ~~himself~~	66191
personally perform the practice of barbering in a licensed barber	66192
shop unless that person is licensed as a barber under this	66193
chapter;	66194

~~(11)~~(10) Gross incompetence.

66195

(B)(1) The barber board may refuse to renew or may suspend or	66196
revoke or impose conditions upon any license issued pursuant to	66197
this chapter for conviction of or plea of guilty to a felony	66198
committed after the person has been issued a license under this	66199
chapter, shown by a certified copy of the record of the court in	66200
which the person was convicted or pleaded guilty.	66201

(2) A conviction or plea of guilty to a felony committed	66202
prior to being issued a license under this chapter shall not	66203
disqualify a person from being issued an initial license under	66204
this chapter.	66205

(C) Prior to taking any action under division (A) or (B) of	66206
this section, the board shall provide the person with a statement	66207
of the charges against ~~him~~the person and notice of the time and	66208
place of a hearing on the charges. The board shall conduct the	66209
hearing according to Chapter 119. of the Revised Code. Any person	66210
dissatisfied with a decision of the board may appeal the board's	66211
decision to the court of common pleas in Franklin county.	66212

~~(C)~~(D) The board may adopt rules in accordance with Chapter	66213
119. of the Revised Code, specifying additional grounds upon which	66214
the board may take action under division (A) of this section.	66215

Sec. 4725.34. (A) The state board of optometry shall charge	66216
the following nonrefundable fees:	66217

(1) One hundred ~~ten~~thirty dollars for application for a	66218
certificate of licensure;	66219

(2) ~~Twenty-five~~Forty-five dollars for application for a	66220
therapeutic pharmaceutical agents certificate, except when the	66221
certificate is to be issued pursuant to division (A)(3) of section	66222
4725.13 of the Revised Code, in which case the fee shall be	66223
thirty-five dollars;	66224

(3) One hundred ~~ten~~thirty dollars for renewal of a	66225
certificate of licensure;	66226

(4) ~~Twenty-five~~Forty-five dollars for renewal of a topical	66227
ocular pharmaceutical agents certificate;	66228

(5) ~~Twenty-five~~Forty-five dollars for renewal of a	66229
therapeutic pharmaceutical agents certificate;	66230

(6) ~~Seventy-five~~One hundred twenty-five dollars for late	66231
completion or submission, or both, of continuing optometric	66232
education;	66233

(7) ~~Seventy-five~~One hundred twenty-five dollars for late	66234
renewal of one or more certificates that have expired;	66235

(8) Seventy-five dollars for reinstatement of one or more	66236
certificates classified as delinquent under section 4725.16 of the	66237
Revised Code, multiplied by the number of years the one or more	66238
certificates have been classified as delinquent;	66239

(9) Seventy-five dollars for reinstatement of one or more	66240
certificates placed on inactive status under section 4725.17 of	66241
the Revised Code;	66242

(10) Seventy-five dollars for reinstatement under section	66243
4725.171 of the Revised Code of one or more expired certificates;	66244

(11) Additional fees to cover administrative costs incurred	66245
by the board, including fees for replacing licenses issued by the	66246
board and providing rosters of currently licensed optometrists.	66247
Such fees shall be established at a regular meeting of the board	66248
and shall comply with any applicable guidelines or policies set by	66249
the department of administrative services or the office of budget	66250
and management.	66251

(B) The board, subject to the approval of the controlling	66252
board, may establish fees in excess of the amounts specified in	66253
division (A) of this section if the fees do not exceed the amounts	66254
specified by more than fifty per cent.	66255

(C) All receipts of the board, from any source, shall be	66256
deposited in the state treasury to the credit of the occupational	66257
licensing and regulatory fund.	66258

Sec. 4725.48. (A) Any person who desires to engage in	66259
optical dispensing, except as provided in section 4725.47 of the	66260
Revised Code, shall file a properly completed written application	66261
for an examination with the Ohio optical dispensers board or with	66262
the testing service the board has contracted with pursuant to	66263
section 4725.49 of the Revised Code. The application for	66264
examination shall be made on a form provided by the board or	66265
testing service and shall be accompanied by an examination fee the	66266
board shall establish by rule. Applicants must return the	66267
application to the board or testing service at least sixty days	66268
prior to the date the examination is scheduled to be administered.	66269

(B) Except as provided in section 4725.47 of the Revised	66270
Code, any person who desires to engage in optical dispensing shall	66271
file a properly completed written application for a license with	66272
the board with ~~the appropriate license~~a licensure application fee	66273
~~as set forth under section 4725.50 of the Revised Code~~of fifty	66274
dollars.	66275

No person shall be eligible to apply for a license under this	66276
division, unless the person is at least eighteen years of age, is	66277
of good moral character, is free of contagious or infectious	66278
disease, has received a passing score, as determined by the board,	66279
on the examination administered under division (A) of this	66280
section, is a graduate of an accredited high school of any state,	66281
or has received an equivalent education and has successfully	66282
completed either of the following:	66283

(1) Two years of supervised experience under a licensed	66284
dispensing optician, optometrist, or physician engaged in the	66285
practice of ophthalmology, up to one year of which may be	66286
continuous experience of not less than thirty hours a week in an	66287
optical laboratory;	66288

(2) A two-year college level program in optical dispensing	66289
that has been approved by the board and that includes, but is not	66290
limited to, courses of study in mathematics, science, English,	66291
anatomy and physiology of the eye, applied optics, ophthalmic	66292
optics, measurement and inspection of lenses, lens grinding and	66293
edging, ophthalmic lens design, keratometry, and the fitting and	66294
adjusting of spectacle lenses and frames and contact lenses,	66295
including methods of fitting contact lenses and post-fitting care.	66296

(C) Any person who desires to obtain a license to practice as	66297
an ocularist shall file a properly completed written application	66298
with the board accompanied by the appropriate fee and proof that	66299
the applicant has met the requirements for licensure. The board	66300
shall establish, by rule, the application fee and the minimum	66301
requirements for licensure, including education, examination, or	66302
experience standards recognized by the board as national standards	66303
for ocularists. The board shall issue a license to practice as an	66304
ocularist to an applicant who satisfies the requirements of this	66305
division and rules adopted pursuant to this division.	66306

Sec. 4725.50. (A) Except for a person who qualifies for	66307
licensure as an ocularist, each person who qualifies for licensure	66308
under sections 4725.40 to 4725.59 of the Revised Code shall	66309
receive from the Ohio optical dispensers board, under its seal, a	66310
certificate of licensure entitling ~~him~~the person to practice as a	66311
licensed spectacle dispensing optician, licensed contact lens	66312
dispensing optician, or a licensed spectacle-contact lens	66313
dispensing optician. The appropriate certificate of licensure	66314
shall be issued by the board no later than sixty days after it has	66315
notified the applicant of ~~his~~the applicant's approval for	66316
licensure.	66317

(B) ~~The licensure fee shall be fifty dollars for applications~~	66318
~~submitted in January through March; thirty-seven dollars and fifty~~	66319
~~cents, in April through June; twenty-five dollars, in July through~~	66320
~~September; and twelve dollars and fifty cents, in October through~~	66321
~~December.~~	66322

~~(C)~~ Each licensed dispensing optician shall display ~~his~~the	66323
licensed dispensing optician's certificate of licensure in a	66324
conspicuous place in ~~his~~the licensed dispensing optician's office	66325
or place of business. If a licensed dispensing optician maintains	66326
more than one office or place of business, hethe licensed	66327
dispensing optician shall display a duplicate copy of such	66328
certificate at each location. The board shall issue duplicate	66329
copies of the appropriate certificate of licensure for this	66330
purpose upon the filing of an application form therefor and the	66331
payment of a five-dollar fee for each duplicate copy.	66332

Sec. 4725.52. Any licensed dispensing optician may supervise	66333
a maximum of three apprentices who shall be permitted to engage in	66334
optical dispensing only under the supervision of the licensed	66335
dispensing optician.	66336

~~A person serving~~To serve as an apprentice, a person shall	66337
register ~~annually~~ with the Ohio optical dispensers board either on	66338
a form provided by the board or in the form of a statement giving	66339
the name and address of the supervising licensed dispensing	66340
optician, the location at which the apprentice will be employed,	66341
and any other information required by the board. ~~Each registrant~~	66342
For the duration of the apprenticeship, the apprentice shall	66343
register annually on the form provided by the board or in the form	66344
of a statement.	66345

Each apprentice shall pay aan initial registration fee of	66346
~~ten~~twenty dollars. For each registration renewal thereafter, each	66347
apprentice shall pay a registration renewal fee of twenty dollars.	66348

A person who is gaining experience under the supervision of a	66349
licensed optometrist or ophthalmologist that would qualify ~~him~~the	66350
person under division (B)(1) of section 4725.48 of the Revised	66351
Code to take the examination for optical dispensing is not	66352
required to register with the board.	66353

Sec. 4725.57. An applicant for licensure as a licensed	66354
dispensing optician who is licensed or registered in another state	66355
shall be accorded the full privileges of practice within this	66356
state, upon the payment of a ~~seventy-five~~fifty-dollar fee and the	66357
submission of a certified copy of the license or certificate	66358
issued by such other state, without the necessity of examination,	66359
if the board determines that the applicant meets the ~~criteria of~~	66360
~~division (A) of section 4725.48 of the Revised Code and further~~	66361
~~determines that the educational background or experience of the~~	66362
~~applicant satisfies the~~remaining requirements of division (B) of	66363
section 4725.48 of the Revised Code. The board may require that	66364
the applicant have received a passing score, as determined by the	66365
board, on an examination that is substantially the same as the	66366
examination described in division (A) of section 4725.48 of the	66367
Revised Code.	66368

Sec. 4729.021. The state board of pharmacy may enter into	66369
contracts with private entities for the furtherance of its duties	66370
as set forth in this chapter. When entering into these contracts,	66371
the board shall give preference to entities that are Ohio-based	66372
companies. Any revenue received by the board from such contracts	66373
shall be placed in the occupational licensing and regulatory fund	66374
and may be used for any purpose determined by the board to be	66375
relevant to its duties, including the establishment and	66376
maintenance of a drug database pursuant to section 4729.75 of the	66377
Revised Code.	66378

Sec. 4731.65. As used in sections 4731.65 to 4731.71 of the	66379
Revised Code:	66380

(A)(1) "Clinical laboratory services" means either of the	66381
following:	66382

(a) Any examination of materials derived from the human body	66383
for the purpose of providing information for the diagnosis,	66384
prevention, or treatment of any disease or impairment or for the	66385
assessment of health;	66386

(b) Procedures to determine, measure, or otherwise describe	66387
the presence or absence of various substances or organisms in the	66388
body.	66389

(2) "Clinical laboratory services" does not include the mere	66390
collection or preparation of specimens.	66391

(B) "Designated health services" means any of the following:

66392

(1) Clinical laboratory services;

66393

(2) Home health care services;

66394

(3) Outpatient prescription drugs.

66395

(C) "Fair market value" means the value in arms-length	66396
transactions, consistent with general market value and:	66397

(1) With respect to rentals or leases, the value of rental	66398
property for general commercial purposes, not taking into account	66399
its intended use;	66400

(2) With respect to a lease of space, not adjusted to reflect	66401
the additional value the prospective lessee or lessor would	66402
attribute to the proximity or convenience to the lessor if the	66403
lessor is a potential source of referrals to the lessee.	66404

(D) "Governmental health care program" means any program	66405
providing health care benefits that is administered by the federal	66406
government, this state, or a political subdivision of this state,	66407
including the medicare program established under Title XVIII of	66408
the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301,	66409
as amended, health care coverage for public employees, health care	66410
benefits administered by the bureau of workers' compensation, and	66411
the medicaid program established under Chapter 5111. of the	66412
Revised Code~~, and the children's buy-in program established under~~	66413
~~sections 5101.5211 to 5101.5216 of the Revised Code~~.	66414

(E)(1) "Group practice" means a group of two or more holders	66415
of certificates under this chapter legally organized as a	66416
partnership, professional corporation or association, limited	66417
liability company, foundation, nonprofit corporation, faculty	66418
practice plan, or similar group practice entity, including an	66419
organization comprised of a nonprofit medical clinic that	66420
contracts with a professional corporation or association of	66421
physicians to provide medical services exclusively to patients of	66422
the clinic in order to comply with section 1701.03 of the Revised	66423
Code and including a corporation, limited liability company,	66424
partnership, or professional association described in division (B)	66425
of section 4731.226 of the Revised Code formed for the purpose of	66426
providing a combination of the professional services of	66427
optometrists who are licensed, certificated, or otherwise legally	66428
authorized to practice optometry under Chapter 4725. of the	66429
Revised Code, chiropractors who are licensed, certificated, or	66430
otherwise legally authorized to practice chiropractic or	66431
acupuncture under Chapter 4734. of the Revised Code, psychologists	66432
who are licensed, certificated, or otherwise legally authorized to	66433
practice psychology under Chapter 4732. of the Revised Code,	66434
registered or licensed practical nurses who are licensed,	66435
certificated, or otherwise legally authorized to practice nursing	66436
under Chapter 4723. of the Revised Code, pharmacists who are	66437
licensed, certificated, or otherwise legally authorized to	66438
practice pharmacy under Chapter 4729. of the Revised Code,	66439
physical therapists who are licensed, certificated, or otherwise	66440
legally authorized to practice physical therapy under sections	66441
4755.40 to 4755.56 of the Revised Code, occupational therapists	66442
who are licensed, certificated, or otherwise legally authorized to	66443
practice occupational therapy under sections 4755.04 to 4755.13 of	66444
the Revised Code, mechanotherapists who are licensed,	66445
certificated, or otherwise legally authorized to practice	66446
mechanotherapy under section 4731.151 of the Revised Code, and	66447
doctors of medicine and surgery, osteopathic medicine and surgery,	66448
or podiatric medicine and surgery who are licensed, certificated,	66449
or otherwise legally authorized for their respective practices	66450
under this chapter, to which all of the following apply:	66451

(a) Each physician who is a member of the group practice	66452
provides substantially the full range of services that the	66453
physician routinely provides, including medical care,	66454
consultation, diagnosis, or treatment, through the joint use of	66455
shared office space, facilities, equipment, and personnel.	66456

(b) Substantially all of the services of the members of the	66457
group are provided through the group and are billed in the name of	66458
the group and amounts so received are treated as receipts of the	66459
group.	66460

(c) The overhead expenses of and the income from the practice	66461
are distributed in accordance with methods previously determined	66462
by members of the group.	66463

(d) The group practice meets any other requirements that the	66464
state medical board applies in rules adopted under section 4731.70	66465
of the Revised Code.	66466

(2) In the case of a faculty practice plan associated with a	66467
hospital with a medical residency training program in which	66468
physician members may provide a variety of specialty services and	66469
provide professional services both within and outside the group,	66470
as well as perform other tasks such as research, the criteria in	66471
division (E)(1) of this section apply only with respect to	66472
services rendered within the faculty practice plan.	66473

(F) "Home health care services" and "immediate family" have	66474
the same meanings as in the rules adopted under section 4731.70 of	66475
the Revised Code.	66476

(G) "Hospital" has the same meaning as in section 3727.01 of	66477
the Revised Code.	66478

(H) A "referral" includes both of the following:

66479

(1) A request by a holder of a certificate under this chapter	66480
for an item or service, including a request for a consultation	66481
with another physician and any test or procedure ordered by or to	66482
be performed by or under the supervision of the other physician;	66483

(2) A request for or establishment of a plan of care by a	66484
certificate holder that includes the provision of designated	66485
health services.	66486

(I) "Third-party payer" has the same meaning as in section	66487
3901.38 of the Revised Code.	66488

Sec. 4731.71. The auditor of state may implement procedures	66489
to detect violations of section 4731.66 or 4731.69 of the Revised	66490
Code within governmental health care programs administered by the	66491
state. The auditor of state shall report any violation of either	66492
section to the state medical board and shall certify to the	66493
attorney general in accordance with section 131.02 of the Revised	66494
Code the amount of any refund owed to a state-administered	66495
governmental health care program under section 4731.69 of the	66496
Revised Code as a result of a violation. If a refund is owed to	66497
the medicaid program established under Chapter 5111. of the	66498
Revised Code ~~or the children's buy-in program established under~~	66499
~~sections 5101.5211 to 5101.5216 of the Revised Code~~, the auditor	66500
of state also shall report the amount to the department of job and	66501
family services.	66502

The state medical board also may implement procedures to	66503
detect violations of section 4731.66 or 4731.69 of the Revised	66504
Code.	66505

Sec. 4733.15. (A) Registration expires ~~annually~~ on the last	66506
day of December ~~following initial registration or renewal of~~	66507
~~registration~~2011, and becomes invalid on that date unless renewed	66508
~~pursuant to this section and the standard renewal procedure of~~	66509
~~sections 4745.01 to 4745.03 of the Revised Code~~. For renewals	66510
after that date, registration expires biennially on the last day	66511
of December following initial registration or renewal of	66512
registration and becomes invalid on that date unless renewed.	66513
Renewal may be effected ~~at any time prior to the date of~~	66514
~~expiration for a period of one year~~ by the applicant's payment to	66515
the treasurer of state of a fee of ~~twenty~~forty dollars for a	66516
renewal of registration as either a professional engineer or	66517
professional surveyor and~~, for renewals for calendar year 2008 and~~	66518
~~thereafter,~~ demonstration of completion of the continuing	66519
professional development requirements of section 4733.151 of the	66520
Revised Code. When notified as required in this section, a	66521
registrant's failure to renew registration shall not deprive the	66522
registrant of the right of renewal within the following twelve	66523
months, but the fee to renew a registration within twelve months	66524
after expiration shall be increased fifty per cent, and the	66525
registrant shall certify completion of continuing professional	66526
development hours as required in section 4733.151 of the Revised	66527
Code.	66528

The state board of registration for professional engineers	66529
and surveyors may, upon request, waive the payment of renewal fees	66530
or the completion of continuing professional development	66531
requirements for a registrant during the period when the	66532
registrant is on active duty in connection with any branch of the	66533
armed forces of the United States.	66534

(B) Each certificate of authorization issued pursuant to	66535
section 4733.16 of the Revised Code shall authorize the holder to	66536
provide professional engineering or professional surveying	66537
services, through the registered professional engineer or	66538
professional surveyor designated as being in responsible charge of	66539
the professional engineering or professional surveying practice,	66540
from the date of issuance until the last day of June next	66541
succeeding the date upon which the certificate was issued, unless	66542
the certificate has been revoked or suspended for cause as	66543
provided in section 4733.20 of the Revised Code or has been	66544
suspended pursuant to section 3123.47 of the Revised Code.	66545

(C) If a registrant fails to renew registration as provided	66546
under division (A) of this section, renewal and reinstatement may	66547
be effected under rules the board adopts regarding requirements	66548
for reexamination or reapplication, and reinstatement penalty	66549
fees. The board may require a registrant who fails to renew	66550
registration to complete ~~those~~the required hours of continuing	66551
professional development ~~required from the effective date of this~~	66552
~~section,~~ as a condition of renewal and reinstatement if the	66553
registrant seeks renewal and reinstatement under this division on	66554
~~or after January 1, 2009~~.	66555

Sec. 4733.151. (A) ~~Each~~For registrations expiring on the	66556
last day of December 2011, each registrant for renewal ~~for~~	66557
~~calendar year 2008 and thereafter~~ shall have completed, ~~within the~~	66558
~~preceding~~in calendar year 2011, at least fifteen hours of	66559
continuing professional development for professional engineers and	66560
surveyors. Thereafter, each registrant shall complete at least	66561
thirty hours of continuing professional development during the	66562
two-year period immediately preceding the biennial renewal	66563
expiration date.	66564

(B) The continuing professional development requirement may	66565
be satisfied by coursework or activities dealing with technical,	66566
ethical, or managerial topics relevant to the practice of	66567
engineering or surveying. A registrant may earn continuing	66568
professional development hours by completing or teaching	66569
university or college level coursework, attending seminars,	66570
workshops, or conferences, authoring relevant published papers,	66571
articles, or books, receiving patent awards, or actively	66572
participating in professional or technical societies serving the	66573
engineering or surveying professions.	66574

In the case of the board disputing the content of any credit	66575
hours or coursework, then the board shall presume as a matter of	66576
law that any credit hours submitted by a registrant, or any	66577
coursework or activity submitted for approval, complies with this	66578
section if submitted and if a statement signed by a current	66579
registrant not otherwise participating in the event, affirms that	66580
the material is relevant to the registrant's practice and will	66581
assist the registrant's development in the profession.	66582

Credit for university or college level coursework shall be	66583
based on the credit established by the university or college. One	66584
semester hour as established by the university or college shall be	66585
the equivalent of forty-five hours of continuing professional	66586
development, and one quarter hour as established by the university	66587
or college shall be the equivalent of thirty hours of continuing	66588
professional development.	66589

Credit for seminars, workshops, or conferences offering	66590
continuing education units shall be based on the units awarded by	66591
the organization presenting the seminar, workshop, or conference.	66592
A registrant may earn ten continuing professional development	66593
hours for each continuing education unit awarded. Each hour of	66594
attendance at a seminar, workshop, or conference for which no	66595
continuing education units are offered shall be the equivalent of	66596
one continuing professional development hour.	66597

A registrant may earn two continuing professional development	66598
hours for each year of service as an officer or active committee	66599
member of a professional or technical society or association that	66600
represents registrants or entities composed of registrants. A	66601
registrant may earn ten continuing professional development hours	66602
for authoring relevant published papers, articles, or books. A	66603
registrant may earn ten continuing professional development hours	66604
for each such published paper, article, or book. A registrant may	66605
earn ten continuing professional development hours for each patent	66606
award.	66607

(C) A person registered as both a professional engineer and	66608
professional surveyor shall complete at least ~~five~~ten of the	66609
~~fifteen~~thirty hours required under division (A) of this section	66610
in engineering-related coursework or activities and at least ~~five~~	66611
ten of those ~~fifteen~~thirty hours in surveying-related coursework	66612
or activities.	66613

(D) A registrant is exempt from the continuing professional	66614
development requirements of this section during the first calendar	66615
year of registration.	66616

(E) A registrant who completes more than ~~fifteen~~thirty hours	66617
of approved coursework or activities in ~~any calendar year~~a	66618
biennial renewal period may carry forward to the next ~~calendar~~	66619
~~year~~biennial renewal period a maximum of fifteen of the excess	66620
hours.	66621

(F) A registrant shall maintain records to demonstrate	66622
completion of the continuing professional development requirements	66623
specified in this section for a period of ~~three~~four calendar	66624
years beyond the year in which certification of the completion of	66625
the requirements is obtained by the registrant. The records shall	66626
include all of the following:	66627

(1) A log specifying the type of coursework or activity, its	66628
location and duration along with the instructor's name, and the	66629
number of continuing professional development hours earned;	66630

(2) Certificates of completion or other evidence verifying	66631
attendance.	66632

(G) The records specified in division (F) of this section may	66633
be audited at any time by the state board of registration for	66634
professional engineers and surveyors. If the board discovers that	66635
a registrant has failed to complete coursework or activities, it	66636
shall notify the registrant of the deficiencies and allow the	66637
registrant six months from the date of the notice to rectify the	66638
deficiencies and to provide the board with evidence of	66639
satisfactory completion of the continuing professional development	66640
requirements. If the registrant fails to provide such evidence	66641
within that six-month period, the board may revoke or suspend the	66642
registration after offering an adjudication hearing in accordance	66643
with Chapter 119. of the Revised Code.	66644

Sec. 4736.12. (A) The state board of sanitarian registration	66645
shall charge the following fees:	66646

(1) To apply as a sanitarian-in-training, eighty dollars;

66647

(2) For sanitarians-in-training to apply for registration as	66648
sanitarians, eighty dollars. The applicant shall pay this fee only	66649
once regardless of the number of times the applicant takes an	66650
examination required under section 4736.08 of the Revised Code.	66651

(3) For persons other than sanitarians-in-training to apply	66652
for registration as sanitarians, including persons meeting the	66653
requirements of section 4736.16 of the Revised Code, one hundred	66654
sixty dollars. The applicant shall pay this fee only once	66655
regardless of the number of times the applicant takes an	66656
examination required under section 4736.08 of the Revised Code.	66657

(4) The renewal fee for registered sanitarians shall be	66658
~~seventy-four~~eighty dollars.	66659

(5) The renewal fee for sanitarians-in-training shall be	66660
~~seventy-four~~eighty dollars.	66661

(6) For late application for renewal, ~~twenty-seven~~an	66662
additional fifty dollars.	66663

The board of sanitarian registration, with the approval of	66664
the controlling board, may establish fees in excess of the amounts	66665
provided in this section, provided that such fees do not exceed	66666
the amounts permitted by this section by more than fifty per cent.	66667

(B) The board of sanitarian registration shall charge	66668
separate fees for examinations as required by section 4736.08 of	66669
the Revised Code, provided that the fees are not in excess of the	66670
actual cost to the board of conducting the examinations.	66671

(C) The board of sanitarian registration may adopt rules	66672
establishing fees for all of the following:	66673

(1) Application for the registration of a training agency	66674
approved under rules adopted by the board pursuant to section	66675
4736.11 of the Revised Code and for the annual registration	66676
renewal of an approved training agency.;	66677

(2) Application for the review of continuing education hours	66678
submitted for the board's approval by approved training agencies	66679
or by registered sanitarians or sanitarians-in-training;	66680

(3) Additional copies of pocket identification cards and wall	66681
certificates.	66682

Sec. 4757.31. (A) Subject to division (B) of this section,	66683
the counselor, social worker, and marriage and family therapist	66684
board shall establish, and may from time to time adjust, fees to	66685
be charged for the following:	66686

(1) Examination for licensure as a professional clinical	66687
counselor, professional counselor, marriage and family therapist,	66688
independent marriage and family therapist, social worker, or	66689
independent social worker;	66690

(2) Initial licenses of professional clinical counselors,	66691
professional counselors, marriage and family therapists,	66692
independent marriage and family therapists, social workers, and	66693
independent social workers, except that the board shall charge	66694
only one fee to a person who fulfills all requirements for more	66695
than one of the following initial licenses: an initial license as	66696
a social worker or independent social worker, an initial license	66697
as a professional counselor or professional clinical counselor,	66698
and an initial license as a marriage and family therapist or	66699
independent marriage and family therapist;	66700

(3) Initial certificates of registration of social work	66701
assistants;	66702

(4) Renewal and late renewal of licenses of professional	66703
clinical counselors, professional counselors, marriage and family	66704
therapists, independent marriage and family therapists, social	66705
workers, and independent social workers and renewal and late	66706
renewal of certificates of registration of social work assistants;	66707

(5) Verification, to another jurisdiction, of a license or	66708
registration issued by the board;	66709

(6) Continuing education programs offered by the board to	66710
licensees or registrants;	66711

(7) Approval of continuing education programs;

66712

(8) Approval of continuing education providers to be	66713
authorized to offer continuing education programs without prior	66714
approval from the board for each program offered;	66715

(9) Issuance of a replacement copy of any wall certificate	66716
issued by the board.	66717

(B) The fees charged under division (A)(1) of this section	66718
shall be established in amounts sufficient to cover the direct	66719
expenses incurred in examining applicants for licensure. The fees	66720
charged under divisions (A)(2) to ~~(6)~~(9) of this section shall be	66721
nonrefundable and shall be established in amounts sufficient to	66722
cover the necessary expenses in administering this chapter and	66723
rules adopted under it that are not covered by fees charged under	66724
division (A)(1) or (C) of this section. The renewal fee for a	66725
license or certificate of registration shall not be less than the	66726
initial fee for that license or certificate. The fees charged for	66727
licensure and registration and the renewal of licensure and	66728
registration may differ for the various types of licensure and	66729
registration, but shall not exceed one hundred twenty-five dollars	66730
each, unless the board determines that amounts in excess of one	66731
hundred twenty-five dollars are needed to cover its necessary	66732
expenses in administering this chapter and rules adopted under it	66733
and the amounts in excess of one hundred twenty-five dollars are	66734
approved by the controlling board.	66735

(C) All receipts of the board shall be deposited in the state	66736
treasury to the credit of the occupational licensing and	66737
regulatory fund. All vouchers of the board shall be approved by	66738
the chairperson or executive director of the board, or both, as	66739
authorized by the board.	66740

Sec. 4781.01. As used in this chapter:

66741

(A) "Industrialized unit" has the same meaning as in division	66742
(C)(3) of section 3781.06 of the Revised Code.	66743

(B) "Installation" means any of the following:

66744

(1) The temporary or permanent construction of stabilization,	66745
support, and anchoring systems for manufactured housing;	66746

(2) The placement and erection of a manufactured housing unit	66747
or components of a unit on a structural support system;	66748

(3) The supporting, blocking, leveling, securing, anchoring,	66749
underpinning, or adjusting of any section or component of a	66750
manufactured housing unit;	66751

(4) The joining or connecting of all sections or components	66752
of a manufactured housing unit.	66753

(C) "Manufactured home" has the same meaning as in division	66754
(C)(4) of section 3781.06 of the Revised Code.	66755

(D) "Manufactured home park" ~~has the same meaning as in~~	66756
~~division (A) of section 3733.01 of the Revised Code~~means any	66757
tract of land upon which three or more manufactured or mobile	66758
homes used for habitation are parked, either free of charge or for	66759
revenue purposes, and includes any roadway, building, structure,	66760
vehicle, or enclosure used or intended for use as a part of the	66761
facilities of the park. "Manufactured home park" does not include	66762
any of the following:	66763

(1) A tract of land used solely for the storage or display	66764
for sale of manufactured or mobile homes or solely as a temporary	66765
park-camp as defined in section 3729.01 of the Revised Code;	66766

(2) A tract of land that is subdivided and the individual	66767
lots are for sale or sold for the purpose of installation of	66768
manufactured or mobile homes used for habitation and the roadways	66769
are dedicated to the local government authority;	66770

(3) A tract of land within an area that is subject to local	66771
zoning authority and subdivision requirements and is subdivided,	66772
and the individual lots are for sale or sold for the purpose of	66773
installation of manufactured or mobile homes for habitation.	66774

(E) "Manufactured housing" means manufactured homes and	66775
mobile homes.	66776

(F) "Manufactured housing installer" means an individual who	66777
installs manufactured housing.	66778

(G) "Mobile home" has the same meaning as in division (O) of	66779
section 4501.01 of the Revised Code.	66780

(H) "Model standards" means the federal manufactured home	66781
installation standards established pursuant to 42 U.S.C. 5404.	66782

(I) "Permanent foundation" has the same meaning as in	66783
division (C)(5) of section 3781.06 of the Revised Code.	66784

(J) "Business" includes any activities engaged in by any	66785
person for the object of gain, benefit, or advantage either direct	66786
or indirect.	66787

(K) "Casual sale" means any transfer of a manufactured home	66788
or mobile home by a person other than a manufactured housing	66789
dealer, manufactured housing salesperson, or manufacturer to an	66790
ultimate consumer or a person who purchases the home for use as a	66791
residence.	66792

(L) "Engaging in business" means commencing, conducting, or	66793
continuing in business, or liquidating a business when the	66794
liquidator thereof holds self out to be conducting such business;	66795
making a casual sale or otherwise making transfers in the ordinary	66796
course of business when the transfers are made in connection with	66797
the disposition of all or substantially all of the transferor's	66798
assets is not engaging in business.	66799

(M) "Manufactured home park operator" ~~has the same meaning as~~	66800
~~"operator" in section 3733.01 of the Revised Code~~or "park	66801
operator" means the person who has responsible charge of a	66802
manufactured home park and who is licensed under sections 4781.26	66803
to 4781.35 of the Revised Code.	66804

(N) "Manufactured housing broker" means any person acting as	66805
a selling agent on behalf of an owner of a manufactured home or	66806
mobile home that is subject to taxation under section 4503.06 of	66807
the Revised Code.	66808

(O) "Manufactured housing dealer" means any person engaged in	66809
the business of selling at retail, displaying, offering for sale,	66810
or dealing in manufactured homes or mobile homes.	66811

(P) "Manufacturer" means a person who manufacturers,	66812
assembles, or imports manufactured homes or mobile homes.	66813

(Q) "Retail sale" or "sale at retail" means the act or	66814
attempted act of selling, bartering, exchanging, or otherwise	66815
disposing of a manufactured home or mobile home to an ultimate	66816
purchaser for use as a residence.	66817

(R) "Salesperson" means any individual employed by a	66818
manufactured housing dealer or manufactured housing broker to	66819
sell, display, and offer for sale, or deal in manufactured homes	66820
or mobile homes for a commission, compensation, or other valuable	66821
consideration, but does not mean any public officer performing	66822
official duties.	66823

(S) "Ultimate purchaser" means, with respect to any new	66824
manufactured home, the first person, other than a manufactured	66825
housing dealer purchasing in the capacity of a manufactured	66826
housing dealer, who purchases such new manufactured home for	66827
purposes other than resale.	66828

(T) "Tenant" means a person who is entitled under a rental	66829
agreement with a manufactured home park operator to occupy a	66830
manufactured home park lot and who does not own the home occupying	66831
the lot.	66832

(U) "Owner" means a person who is entitled under a rental	66833
agreement with a manufactured home park operator to occupy a	66834
manufactured home park lot and who owns the home occupying the	66835
lot.	66836

(V) "Resident" means a person entitled under a rental	66837
agreement to the use and occupancy of residential premises to the	66838
exclusion of others. "Resident" includes both tenants and owners.	66839

(W) "Residential premises" means a lot located within a	66840
manufactured home park and the grounds, areas, and facilities	66841
contained within the manufactured home park for the use of	66842
residents generally or the use of which is promised to a resident.	66843

(X) "Rental agreement" means any agreement or lease, written	66844
or oral, that establishes or modifies the terms, conditions,	66845
rules, or any other provisions concerning the use and occupancy of	66846
residential premises by one of the parties.	66847

(Y) "Security deposit" means any deposit of money or property	66848
to secure performance by the resident under a rental agreement.	66849

(Z) "Development" means any artificial change to improved or	66850
unimproved real estate, including, without limitation, buildings	66851
or structures, dredging, filling, grading, paving, excavation or	66852
drilling operations, or storage of equipment or materials, and the	66853
construction, expansion, or substantial alteration of a	66854
manufactured home park, for which plan review is required under	66855
division (A) of section 4781.31 of the Revised Code. "Development"	66856
does not include the building, construction, erection, or	66857
manufacture of any building to which section 3781.06 of the	66858
Revised Code is applicable.	66859

(AA) "Flood" or "flooding" means either of the following:

66860

(1) A general and temporary condition of partial or complete	66861
inundation of normally dry land areas from any of the following:	66862

(a) The overflow of inland or tidal waters;

66863

(b) The unusual and rapid accumulation or runoff of surface	66864
waters from any source;	66865

(c) Mudslides that are proximately caused by flooding as	66866
defined in division (AA)(1)(b) of this section and that are akin	66867
to a river of liquid and flowing mud on the surface of normally	66868
dry land areas, as when earth is carried by a current of water and	66869
deposited along the path of the current.	66870

(2) The collapse or subsidence of land along the shore of a	66871
lake or other body of water as a result of erosion or undermining	66872
that is caused by waves or currents of water exceeding anticipated	66873
cyclical levels or that is suddenly caused by an unusually high	66874
water level in a natural body of water, and that is accompanied by	66875
a severe storm, by an unanticipated force of nature, such as a	66876
flash flood, by an abnormal tidal surge, or by some similarly	66877
unusual and unforeseeable event, that results in flooding as	66878
defined in division (AA)(1)(a) of this section.	66879

(BB) "Flood plain" means the area adjoining any river,	66880
stream, watercourse, or lake that has been or may be covered by	66881
flood water.	66882

(CC) "One-hundred-year flood" means a flood having a one per	66883
cent chance of being equaled or exceeded in any given year.	66884

(DD) "One-hundred-year flood plain" means that portion of a	66885
flood plain inundated by a one-hundred-year flood.	66886

(EE) "Person" has the same meaning as in section 1.59 of the	66887
Revised Code and also includes this state, any political	66888
subdivision of this state, and any other state or local body of	66889
this state.	66890

(FF) "Substantial damage" means damage of any origin	66891
sustained by a manufactured or mobile home that is situated in a	66892
manufactured home park located in a flood plain when the cost of	66893
restoring the home to its condition before the damage occurred	66894
will equal or exceed fifty per cent of the market value of the	66895
home before the damage occurred.	66896

(GG) "Substantially alter" means a change in the layout or	66897
design of a manufactured home park, including, without limitation,	66898
the movement of utilities or changes in established streets, lots,	66899
or sites or in other facilities. In the case of manufactured home	66900
parks located within a one-hundred-year flood plain,	66901
"substantially alter" also includes changes in elevation resulting	66902
from the addition of fill, grading, or excavation that may affect	66903
flood plain management.	66904

(HH) "Tract" means a contiguous area of land that consists of	66905
one or more parcels, lots, or sites that have been separately	66906
surveyed regardless of whether the individual parcels, lots, or	66907
sites have been recorded and regardless of whether the one or more	66908
parcels, lots, or sites are under common or different ownership.	66909

Sec. 4781.02. (A) There is hereby created the manufactured	66910
homes commission which consists of nine members, with three	66911
members appointed by the governor, three members appointed by the	66912
president of the senate, and three members appointed by the	66913
speaker of the house of representatives.	66914

(B)(1) Commission members shall be residents of this state,	66915
except for members appointed pursuant to divisions (B)(3)(b) and	66916
(B)(4)(a) of this section. Members shall be selected from a list	66917
of persons the Ohio manufactured homes association, or any	66918
successor entity, recommends, except for appointments made	66919
pursuant to division (B)(2) of this section.	66920

(2) The governor shall appoint the following members:

66921

(a) One member to represent the board of building standards,	66922
who may be a member of the board or a board employee not in the	66923
classified civil service, with an initial term ending December 31,	66924
2007;	66925

(b) One member ~~to represent the department of health, who may~~	66926
~~be a department employee not in the classified civil service, with~~	66927
~~an initial term ending December 31, 2005~~who is registered as a	66928
sanitarian in accordance with Chapter 4736. of the Revised Code,	66929
has experience with the regulation of manufactured homes, and is	66930
an employee of a health district described in section 3709.01 of	66931
the Revised Code;	66932

(c) One member whose primary residence is a manufactured	66933
home, with an initial term ending December 31, 2006.	66934

(3) The president of the senate shall appoint the following	66935
members:	66936

(a) Two members who are manufactured housing installers who	66937
have been actively engaged in the installation of manufactured	66938
housing for the five years immediately prior to appointment, with	66939
the initial term of one installer ending December 31, 2007, and	66940
the initial term of the other installer ending December 31, 2005.	66941

(b) One member who manufactures manufactured homes in this	66942
state or who manufactures manufactured homes in another state and	66943
ships homes into this state, to represent manufactured home	66944
manufacturers, with an initial term ending December 31, 2006.	66945

(4) The speaker of the house of representatives shall appoint	66946
the following members:	66947

(a) One member who operates a manufactured or mobile home	66948
retail business in this state to represent manufactured housing	66949
dealers, with an initial term ending December 31, 2007;	66950

(b) One member who is a manufactured home park operator or is	66951
employed by an operator, with an initial term ending December 31,	66952
2005;	66953

(c) One member to represent the Ohio manufactured home	66954
association, or any successor entity, who may be the president or	66955
executive director of the association or the successor entity,	66956
with an initial term ending December 31, 2006.	66957

(C)(1) After the initial term, each term of office is for	66958
four years ending on the thirty-first day of December. A member	66959
holds office from the date of appointment until the end of the	66960
term. No member may serve more than two consecutive four-year	66961
terms.	66962

(2) Any member appointed to fill a vacancy that occurs prior	66963
to the expiration of a term continues in office for the remainder	66964
of that term. Any member continues in office subsequent to the	66965
expiration date of the term until the member's successor takes	66966
office or until sixty days have elapsed, which ever occurs first.	66967

(3) A vacancy on the commission does not impair the authority	66968
of the remaining members to exercise all of the commission's	66969
powers.	66970

(D)(1) The governor may remove any member from office for	66971
incompetence, neglect of duty, misfeasance, nonfeasance,	66972
malfeasance, or unprofessional conduct in office.	66973

(2) Vacancies shall be filled in the manner of the original	66974
appointment.	66975

Sec. 4781.04. (A) The manufactured homes commission shall	66976
adopt rules pursuant to Chapter 119. of the Revised Code to do all	66977
of the following:	66978

(1) Establish uniform standards that govern the installation	66979
of manufactured housing. Not later than one hundred eighty days	66980
after the secretary of the United States department of housing and	66981
urban development adopts model standards for the installation of	66982
manufactured housing or amends those standards, the commission	66983
shall amend its standards as necessary to be consistent with, and	66984
not less stringent than, the model standards for the design and	66985
installation of manufactured housing the secretary adopts or any	66986
manufacturers' standards that the secretary determines are equal	66987
to or not less stringent than the model standards.	66988

(2) Govern the inspection of the installation of manufactured	66989
housing. The rules shall specify that the commission, any building	66990
department or personnel of any department, ~~any licensor or~~	66991
~~personnel of any licensor,~~ or any private third party, certified	66992
pursuant to section 4781.07 of the Revised Code shall conduct all	66993
inspections of the installation of manufactured housing located in	66994
manufactured home parks to determine compliance with the uniform	66995
installation standards the commission establishes pursuant to this	66996
section.	66997

~~As used in division (A)(2) of this section, "licensor" has~~	66998
~~the same meaning as in section 3733.01 of the Revised Code.~~	66999

(3) Govern the design, construction, installation, approval,	67000
and inspection of foundations and the base support systems for	67001
manufactured housing. The rules shall specify that the commission,	67002
any building department or personnel of any department, ~~any~~	67003
~~licensor or personnel of any licensor,~~ or any private third party,	67004
certified pursuant to section 4781.07 of the Revised Code shall	67005
conduct all inspections of the installation, foundations, and base	67006
support systems of manufactured housing located in manufactured	67007
home parks to determine compliance with the uniform installation	67008
standards and foundation and base support system design the	67009
commission establishes pursuant to this section.	67010

~~As used in division (A)(3) of this section, "licensor" has~~	67011
~~the same meaning as in section 3733.01 of the Revised Code.~~	67012

(4) Govern the training, experience, and education	67013
requirements for manufactured housing installers, manufactured	67014
housing dealers, manufactured housing brokers, and manufactured	67015
housing salespersons;	67016

(5) Establish a code of ethics for manufactured housing	67017
installers;	67018

(6) Govern the issuance, revocation, and suspension of	67019
licenses to manufactured housing installers;	67020

(7) Establish fees for the issuance and renewal of licenses,	67021
for conducting inspections to determine an applicant's compliance	67022
with this chapter and the rules adopted pursuant to it, and for	67023
the commission's expenses incurred in implementing this chapter;	67024

(8) Establish conditions under which a licensee may enter	67025
into contracts to fulfill the licensee's responsibilities;	67026

(9) Govern the investigation of complaints concerning any	67027
violation of this chapter or the rules adopted pursuant to it or	67028
complaints involving the conduct of any licensed manufactured	67029
housing installer or person installing manufactured housing	67030
without a license, licensed manufactured housing dealer, licensed	67031
manufactured housing broker, or manufactured housing salesperson;	67032

(10) Establish a dispute resolution program for the timely	67033
resolution of warranty issues involving new manufactured homes,	67034
disputes regarding responsibility for the correction or repair of	67035
defects in manufactured housing, and the installation of	67036
manufactured housing. The rules shall provide for the timely	67037
resolution of disputes between manufacturers, manufactured housing	67038
dealers, and installers regarding the correction or repair of	67039
defects in manufactured housing that are reported by the purchaser	67040
of the home during the one-year period beginning on the date of	67041
installation of the home. The rules also shall provide that	67042
decisions made regarding the dispute under the program are not	67043
binding upon the purchaser of the home or the other parties	67044
involved in the dispute unless the purchaser so agrees in a	67045
written acknowledgement that the purchaser signs and delivers to	67046
the program within ten business days after the decision is issued.	67047

(11) Establish the requirements and procedures for the	67048
certification of building departments and building department	67049
personnel pursuant to section 4781.07 of the Revised Code;	67050

(12) Establish fees to be charged to building departments and	67051
building department personnel applying for certification and	67052
renewal of certification pursuant to section 4781.07 of the	67053
Revised Code;	67054

(13) Develop a policy regarding the maintenance of records	67055
for any inspection authorized or conducted pursuant to this	67056
chapter. Any record maintained under division (A)(13) of this	67057
section shall be a public record under section 149.43 of the	67058
Revised Code.	67059

(14) Carry out any other provision of this chapter.

67060

(B) The manufactured homes commission shall do all of the	67061
following:	67062

(1) Prepare and administer a licensure examination to	67063
determine ana manufactured home installer applicant's knowledge	67064
of manufactured housing installation and other aspects of	67065
installation the commission determines appropriate;	67066

(2) Select, provide, or procure appropriate examination	67067
questions and answers for the licensure examination and establish	67068
the criteria for successful completion of the examination;	67069

(3) Prepare and distribute any application form this chapter	67070
requires;	67071

(4) Receive applications for licenses and renewal of licenses	67072
and issue licenses to qualified applicants;	67073

(5) Establish procedures for processing, approving, and	67074
disapproving applications for licensure;	67075

(6) Retain records of applications for licensure, including	67076
all application materials submitted and a written record of the	67077
action taken on each application;	67078

(7) Review the design and plans for manufactured housing	67079
installations, foundations, and support systems;	67080

(8) Inspect a sample of homes at a percentage the commission	67081
determines to evaluate the construction and installation of	67082
manufactured housing installations, foundations, and support	67083
systems to determine compliance with the standards the commission	67084
adopts;	67085

(9) Investigate complaints concerning violations of this	67086
chapter or the rules adopted pursuant to it, or the conduct of any	67087
manufactured housing installer, manufactured housing dealer,	67088
manufactured housing broker, or manufactured housing salesperson;	67089

(10) Determine appropriate disciplinary actions for	67090
violations of this chapter;	67091

(11) Conduct audits and inquiries of manufactured housing	67092
installers, manufactured housing dealers, and manufactured housing	67093
brokers as appropriate for the enforcement of this chapter. The	67094
commission, or any person the commission employs for the purpose,	67095
may review and audit the business records of any manufactured	67096
housing installer, dealer, or broker during normal business hours.	67097

(12) Approve an installation training course, which may be	67098
offered by the Ohio manufactured homes association or other	67099
entity;	67100

(13) Perform any function or duty necessary to administer	67101
this chapter and the rules adopted pursuant to it.	67102

(C) Nothing in this section shall be construed to limit the	67103
authority of a board of health to enforce section 3701.344 of the	67104
Revised Code or Chapters 3703., 3718., and 3781. of the Revised	67105
Code.	67106

Sec. 4781.07. (A) Pursuant to rules the manufactured homes	67107
commission adopts, the commission may certify municipal, township,	67108
and county building departments and the personnel of those	67109
departments, ~~licensors as defined in section 3733.01 of the~~	67110
~~Revised Code and the personnel of those licensors,~~ or any private	67111
third party, to exercise the commission's enforcement authority,	67112
accept and approve plans and specifications for foundations,	67113
support systems and installations, and inspect manufactured	67114
housing foundations, support systems, and manufactured housing	67115
installations. Any certification is effective for three years.	67116

(B) Following an investigation and finding of facts that	67117
support its action, the commission may revoke or suspend	67118
certification. The commission may initiate an investigation on its	67119
own motion or the petition of a person affected by the enforcement	67120
or approval of plans.	67121

Sec. 4781.09. (A) The manufactured homes commission may deny,	67122
suspend, revoke, or refuse to renew the license of any	67123
manufactured home installer for any of the following reasons:	67124

(1) Failure to satisfy the requirements of section 4781.08 or	67125
4781.10 of the Revised Code;	67126

(2) Violation of this chapter or any rule adopted pursuant to	67127
it;	67128

(3) Making a material misstatement in an application for a	67129
license;	67130

(4) Installing manufactured housing without a license or	67131
without being under the supervision of a licensed manufactured	67132
housing installer;	67133

(5) Failure to appear for a hearing before the commission or	67134
to comply with any final adjudication order of the commission	67135
issued pursuant to this chapter;	67136

(6) Conviction of a felony or a crime involving moral	67137
turpitude;	67138

(7) Having had a license revoked, suspended, or denied by the	67139
commission during the preceding two years;	67140

(8) Having had a license revoked, suspended, or denied by	67141
another state or jurisdiction during the preceding two years;	67142

(9) Engaging in conduct in another state or jurisdiction that	67143
would violate this chapter if committed in this state.	67144

(10) Failing to provide written notification of an	67145
installation pursuant to division (D) of section 4781.11 of the	67146
Revised Code to a county treasurer or county auditor.	67147

(B)(1) Any person whose license or license application is	67148
revoked, suspended, denied, or not renewed or upon whom a civil	67149
penalty is imposed ~~pursuant to division (C) of this section~~ may	67150
request an adjudication hearing on the matter within thirty days	67151
after receipt of the notice of the action. The hearing shall be	67152
held in accordance with Chapter 119. of the Revised Code.	67153

(2) Any licensee or applicant may appeal an order made	67154
pursuant to an adjudication hearing in the manner provided in	67155
section 119.12 of the Revised Code.	67156

(C) ~~As an alternative to suspending, revoking, or refusing to~~	67157
~~renew a manufactured housing installer's license, the commission~~	67158
~~may impose a civil penalty of not less than one hundred dollars or~~	67159
~~more than five hundred dollars per violation of this chapter or~~	67160
~~any rule adopted pursuant to it. The commission shall deposit~~	67161
~~penalties in the occupational licensing and regulatory fund~~	67162
~~pursuant to section 4743.05 of the Revised Code.~~	67163

~~(D)~~ A person whose license is suspended, revoked, or not	67164
renewed may apply for a new license two years after the date on	67165
which the license was suspended, revoked, or not renewed.	67166

Sec. 4781.121. (A) The manufactured homes commission,	67167
pursuant to section 4781.04 of the Revised Code, may investigate	67168
any person who allegedly has committed a violation. If, after an	67169
investigation the commission determines that reasonable evidence	67170
exists that a person has committed a violation, within seven days	67171
after that determination, the commission shall send a written	67172
notice to that person in the same manner as prescribed in section	67173
119.07 of the Revised Code for licensees, except that the notice	67174
shall specify that a hearing will be held and specify the date,	67175
time, and place of the hearing.	67176

(B) The commission shall hold a hearing regarding the alleged	67177
violation in the same manner prescribed for an adjudication	67178
hearing under section 119.09 of the Revised Code. If the	67179
commission, after the hearing, determines that a violation has	67180
occurred, the commission, upon an affirmative vote of five of its	67181
members, may impose a fine not exceeding one thousand dollars per	67182
violation per day. The commission's determination is an order that	67183
the person may appeal in accordance with section 119.12 of the	67184
Revised Code.	67185

(C) If the person who allegedly committed a violation fails	67186
to appear for a hearing, the commission may request the court of	67187
common pleas of the county where the alleged violation occurred to	67188
compel the person to appear before the commission for a hearing.	67189

(D) If the commission assesses a person a civil penalty for a	67190
violation and the person fails to pay that civil penalty within	67191
the time period prescribed by the commission pursuant to section	67192
131.02 of the Revised Code, the commission shall forward to the	67193
attorney general the name of the person and the amount of the	67194
civil penalty for the purpose of collecting that civil penalty. In	67195
addition to the civil penalty assessed pursuant to this section,	67196
the person also shall pay any fee assessed by the attorney general	67197
for collection of the civil penalty.	67198

(E) The authority provided to the commission pursuant to this	67199
section, and any fine imposed under this section, shall be in	67200
addition to, and not in lieu of, all penalties and other remedies	67201
provided in this chapter. Any fines collected pursuant to this	67202
section shall be used solely to administer and enforce this	67203
chapter and rules adopted under it.	67204

(F) As used in this section, "violation" means a violation of	67205
section 4781.11, 4781.16, or 4781.27, or any rule adopted pursuant	67206
to section 4781.04, of the Revised Code.	67207

Sec. 4781.14. (A) ~~Except as provided in division (A)(3) of~~	67208
~~section 3733.02 of the Revised Code, the state, through the~~The	67209
manufactured homes commission, has exclusive authority to regulate	67210
manufactured home installers, the installation of manufactured	67211
housing, and manufactured housing foundations and support systems	67212
in ~~the~~this state. By enacting this chapter, it is the intent of	67213
the general assembly to preempt municipal corporations and other	67214
political subdivisions from regulating and licensing manufactured	67215
housing installers and regulating and inspecting the installation	67216
of manufactured housing and manufactured housing foundations and	67217
support systems.	67218

(B) ~~Except as provided in division (A)(3) of section 3733.02~~	67219
~~of the Revised Code, the~~The manufactured homes commission has	67220
exclusive power to adopt rules of uniform application throughout	67221
the state governing installation of manufactured housing, the	67222
inspection of manufactured housing foundations and support	67223
systems, the inspection of the installation of manufactured	67224
housing, the training and licensing of manufactured housing	67225
installers, and the investigation of complaints concerning	67226
manufactured housing installers.	67227

(C) ~~Except as provided in division (A)(3) of section 3733.02~~	67228
~~of the Revised Code, the~~The rules the commission adopts pursuant	67229
to this chapter are the exclusive rules governing the installation	67230
of manufactured housing, the design, construction, and approval of	67231
foundations for manufactured housing, the licensure of	67232
manufactured home installers, and the fees charged for licensure	67233
of manufactured home installers. No political subdivision of the	67234
state or any department or agency of the state may establish any	67235
other standards governing the installation of manufactured	67236
housing, manufactured housing foundations and support systems, the	67237
licensure of manufactured housing installers, or fees charged for	67238
the licensure of manufactured housing installers.	67239

(D) Nothing in this section limits the authority of the	67240
attorney general to enforce Chapter 1345. of the Revised Code or	67241
to take any action permitted by the Revised Code against	67242
manufactured housing installers, retailers, or manufacturers.	67243

Sec. 4781.15. The remedies provided in ~~sections 4781.01 to~~	67244
~~4781.14 of the Revised Code~~this chapter are in addition to	67245
remedies otherwise available for the same conduct under state or	67246
local law.	67247

~~Sec. 3733.02.~~ Sec. 4781.26. (A)~~(1)~~ The ~~public health council~~	67248
manufactured homes commission, subject to Chapter 119. of the	67249
Revised Code, shall adopt, and has the exclusive power to adopt,	67250
rules of uniform application throughout the state governing the	67251
review of plans, issuance of flood plain management permits, and	67252
issuance of licenses for manufactured home parks; the location,	67253
layout, density, construction, drainage, sanitation, safety, and	67254
operation of those parks; and notices of flood events concerning,	67255
and flood protection at, those parks. The rules pertaining to	67256
flood plain management shall be consistent with and not less	67257
stringent than the flood plain management criteria of the national	67258
flood insurance program adopted under the "National Flood	67259
Insurance Act of 1968," 82 Stat. 572, 42 U.S.C.A. 4001, as	67260
amended. The rules shall not apply to the construction, erection,	67261
or manufacture of any building to which section 3781.06 of the	67262
Revised Code is applicable.	67263

~~(2)~~(B) The rules pertaining to manufactured home parks	67264
constructed after June 30, 1971, shall specify that each home must	67265
be placed on its lot to provide not less than fifteen feet between	67266
the side of one home and the side of another home, ten feet	67267
between the end of one home and the side of another home, and five	67268
feet between the ends of two homes placed end to end.	67269

~~(3)~~(C) The manufactured homes commission shall determine	67270
compliance with the installation, blocking, tiedown, foundation,	67271
and base support system standards for manufactured housing located	67272
in manufactured home parks adopted by the commission pursuant to	67273
section 4781.04 of the Revised Code. All inspections of the	67274
installation, blocking, tiedown, foundation, and base support	67275
systems of manufactured housing in a manufactured home park that	67276
the ~~department of health or a licensor~~commission conducts shall	67277
be conducted by a person ~~who has completed an installation~~	67278
~~training course approved by~~ the manufactured homes commission	67279
certifies pursuant to ~~division (B)(12) of~~ section ~~4781.04~~4781.07	67280
of the Revised Code.	67281

~~As used in division (A)(3) of this section, "manufactured~~	67282
~~housing" has the same meaning as in section 4781.01 of the Revised~~	67283
~~Code.~~	67284

~~(B) The public health council, in accordance with Chapter~~	67285
~~119. of the Revised Code, shall adopt rules of uniform application~~	67286
~~throughout the state establishing requirements and procedures in~~	67287
~~accordance with which the director of health may authorize~~	67288
~~licensors for the purposes of sections 3733.022 and 3733.025 of~~	67289
~~the Revised Code. The rules shall include at least provisions~~	67290
~~under which a licensor may enter into contracts for the purpose of~~	67291
~~fulfilling the licensor's responsibilities under either or both of~~	67292
~~those sections.~~	67293

~~Sec. 3733.03.~~ Sec. 4781.27. (A)(1) On or after the first day of	67294
December, but before the first day of January of the next year,	67295
every person who intends to operate a manufactured home park shall	67296
procure a license to operate the park for the next year from the	67297
~~licensor~~manufactured homes commission. If the applicable license	67298
fee prescribed under section ~~3733.04~~4781.28 of the Revised Code	67299
is not received by the ~~licensor~~commission by the close of	67300
business on the last day of December, the applicant for the	67301
license shall pay a penalty equal to twenty-five per cent of the	67302
applicable license fee. The penalty shall accompany the license	67303
fee. If the last day of December is not a business day, the	67304
penalty attaches upon the close of business on the next business	67305
day.	67306

(2) No manufactured home park shall be maintained or operated	67307
in this state without a license.	67308

(3) No person who has received a license, upon the sale or	67309
disposition of the manufactured home park, may have the license	67310
transferred to the new operator. A person shall obtain a separate	67311
license to operate each manufactured home park.	67312

(B) Before a license is initially issued and annually	67313
thereafter, or more often if necessary, the ~~licensor~~commission	67314
shall cause each manufactured home park to be inspected ~~relative~~	67315
tofor compliance with sections ~~3733.01~~4781.26 to ~~3733.08~~4781.35	67316
of the Revised Code and the rules adopted under those sections. A	67317
record shall be made of each inspection on a form prescribed by	67318
the ~~director of health~~commission.	67319

(C) Each person applying for an initial license to operate a	67320
manufactured home park shall provide acceptable proof to the	67321
~~director~~ commission that adequate fire protection will be	67322
provided and that applicable fire codes will be adhered to in the	67323
construction and operation of the park.	67324

~~Sec. 3733.04.~~ Sec. 4781.28. The ~~licensor of a manufactured home~~	67325
~~park~~manufactured homes commission may charge a fee for an annual	67326
license to operate ~~such~~ a manufactured home park. The fee for a	67327
license shall be determined in accordance with section ~~3709.09~~	67328
4781.26 of the Revised Code and shall include the cost of	67329
licensing and all inspections.	67330

~~The fee also shall include any additional amount determined~~	67331
~~by rule of the public health council, which shall be collected and~~	67332
~~transmitted by the board of health to the director of health~~	67333
~~pursuant to section 3709.092 of the Revised Code and used only for~~	67334
~~the purpose of administering and enforcing sections 3733.01 to~~	67335
~~3733.08 of the Revised Code and the rules adopted under those~~	67336
~~sections. The portion of any fee retained by the board of health~~	67337
Any fees collected shall be ~~paid into a special fund~~transmitted	67338
to the treasurer of state and shall be credited to the	67339
occupational licensing and regulatory fund created in section	67340
4743.05 of the Revised Code and used only for the purpose of	67341
administering and enforcing sections ~~3733.01~~4781.26 to ~~3733.08~~	67342
4781.35 of the Revised Code and the rules adopted thereunder.	67343

~~Sec. 3733.05.~~ Sec. 4781.29. The ~~licensor of the health district in~~	67344
~~which a manufactured home park is or is to be located, in~~	67345
~~accordance with Chapter 119. of the Revised Code,~~manufactured	67346
homes commission may refuse to grant, may suspend, or may revoke	67347
any license granted to any person for failure to comply with	67348
sections ~~3733.01~~4781.26 to ~~3733.08~~4781.35 of the Revised Code or	67349
with any rule adopted ~~by the public health council~~ under section	67350
~~3733.02~~4781.26 of the Revised Code.	67351

~~Sec. 3733.06.~~ Sec. 4781.30. (A) Upon a license being issued under	67352
sections ~~3733.03~~4781.27 to ~~3733.05~~4781.29 of the Revised Code,	67353
any operator shall have the right to rent or use each lot for the	67354
parking or placement of a manufactured home or mobile home to be	67355
used for human habitation without interruption for any period	67356
coextensive with any license or consecutive licenses issued under	67357
sections ~~3733.03~~4781.27 to ~~3733.05~~4781.29 of the Revised Code.	67358

(B) No operator of a manufactured home park shall sell	67359
individual lots in a park for eight years following the issuance	67360
of the initial license for the park unless, at the time of sale,	67361
the park fulfills all platting and subdivision requirements	67362
established by the political subdivision in which the park is	67363
located, or the political subdivision has entered into an	67364
agreement with the operator regarding platting and subdivision	67365
requirements and the operator has fulfilled the terms of that	67366
agreement.	67367

~~Sec. 3733.021.~~ Sec. 4781.31. (A) No person shall cause development	67368
to occur within any portion of a manufactured home park until the	67369
plans for the development have been submitted to and reviewed and	67370
approved by the ~~director of health~~manufactured homes commission.	67371
This division does not require that plans be submitted to the	67372
~~director~~commission for approval for the replacement of	67373
manufactured or mobile homes on previously approved lots in a	67374
manufactured home park when no development is to occur in	67375
connection with the replacement. Within thirty days after receipt	67376
of the plans, all supporting documents and materials required to	67377
complete the review, and the applicable plan review fee	67378
established under division (D) of this section, the ~~director~~	67379
commission shall approve or disapprove the plans.	67380

(B) Any person aggrieved by the ~~director's~~commission's	67381
disapproval of a set of plans under division (A) of this section	67382
may request a hearing on the matter within thirty days after	67383
receipt of the ~~director's~~commission's notice of the disapproval.	67384
The hearing shall be held in accordance with Chapter 119. of the	67385
Revised Code. Thereafter, the disapproval may be appealed in the	67386
manner provided in section 119.12 of the Revised Code.	67387

(C) The ~~director~~commission shall establish a system by which	67388
development occurring within a manufactured home park is inspected	67389
or verified in accordance with rules adopted under ~~division (A) of~~	67390
section ~~3733.02~~4781.26 of the Revised Code to ensure that the	67391
development complies with the plans approved under division (A) of	67392
this section.	67393

(D) The ~~public health council~~commission shall establish fees	67394
for reviewing plans under division (A) of this section and	67395
conducting inspections under division (C) of this section.	67396

(E) The ~~director~~commission shall charge the appropriate fees	67397
established under division (D) of this section for reviewing plans	67398
under division (A) of this section and conducting inspections	67399
under division (C) of this section. All such plan review and	67400
inspection fees received by the ~~director~~commission shall be	67401
transmitted to the treasurer of state and shall be credited to the	67402
~~general operations~~occupational licensing and regulatory fund	67403
created in section ~~3701.83~~4743.05 of the Revised Code. Moneys so	67404
credited to the fund shall be used only for the purpose of	67405
administering and enforcing sections ~~3733.01~~4781.26 to ~~3733.08~~	67406
4781.35 of the Revised Code and rules adopted under those	67407
sections.	67408

(F) Plan approvals issued under this section do not	67409
constitute an exemption from the land use and building	67410
requirements of the political subdivision in which the	67411
manufactured home park is or is to be located.	67412

~~Sec. 3733.022.~~ Sec. 4781.32. (A) No person shall cause development	67413
to occur or cause the replacement of a mobile or manufactured home	67414
within any portion of a manufactured home park that is located	67415
within a one-hundred-year flood plain unless the person first	67416
obtains a permit from the ~~director of health or a licensor~~	67417
~~authorized by the director~~manufactured homes commission. If the	67418
development for which a permit is required under this division is	67419
to occur on a lot where a mobile or manufactured home is or is to	67420
be located, the owner of the home and the operator of the	67421
manufactured home park shall jointly obtain the permit. Each of	67422
the persons to whom a permit is jointly issued is responsible for	67423
compliance with the provisions of the approved permit that are	67424
applicable to that person.	67425

The ~~director or a licensor authorized by the director~~	67426
commission shall disapprove an application for a permit required	67427
under this division unless the ~~director or the licensor~~commission	67428
finds that the proposed development or replacement of a mobile or	67429
manufactured home complies with the rules adopted under ~~division~~	67430
~~(A) of~~ section ~~3733.02~~4781.26 of the Revised Code. No permit is	67431
required under this division for the construction, erection, or	67432
manufacture of any building to which section 3781.06 of the	67433
Revised Code applies.	67434

The ~~director or a licensor authorized by the director~~	67435
commission may suspend or revoke a permit issued under this	67436
division for failure to comply with the rules adopted under	67437
~~division (A) of~~ section ~~3733.02~~4781.26 of the Revised Code	67438
pertaining to flood plain management or for failure to comply with	67439
the approved permit.	67440

Any person aggrieved by the disapproval, suspension, or	67441
revocation of a permit under this division by the ~~director or by a~~	67442
~~licensor authorized by the director~~commission may request a	67443
hearing on the matter within thirty days after receipt of the	67444
notice of the disapproval, suspension, or revocation. The hearing	67445
shall be held in accordance with Chapter 119. of the Revised Code.	67446
Thereafter, an appeal of the disapproval, suspension, or	67447
revocation may be taken in the manner provided in section 119.12	67448
of the Revised Code.	67449

(B) The ~~public health council~~commission shall establish fees	67450
for the issuance of permits under division (A) of this section and	67451
for necessary inspections conducted to determine compliance with	67452
those permits.	67453

(C) The ~~director or a licensor authorized by the director~~	67454
commission shall charge the appropriate fee established under	67455
division (B) of this section for the issuance of a permit under	67456
division (A) of this section or for conducting any necessary	67457
inspection to determine compliance with the permit. If the	67458
~~director~~commission issues such a permit or conducts such an	67459
inspection, the fee for the permit or inspection shall be	67460
transmitted to the treasurer of state and shall be credited to the	67461
~~general operations~~occupational licensing and regulatory fund	67462
created in section ~~3701.83~~4743.05 of the Revised Code. Moneys so	67463
credited to the fund shall be used ~~by the director~~ only for the	67464
purpose of administering and enforcing sections ~~3733.01~~4781.26 to	67465
~~3733.08~~4781.35 of the Revised Code and rules adopted under those	67466
sections. ~~If the licensor is a board of health, the permit or~~	67467
~~inspection fee shall be deposited to the credit of the special~~	67468
~~fund of the health district created in section 3733.04 of the~~	67469
~~Revised Code and shall be used only for the purpose set forth in~~	67470
~~that section.~~	67471

~~Sec. 3733.024.~~ Sec. 4781.33. ~~(A)~~ When a flood event affects a	67472
manufactured home park, the operator of the manufactured home	67473
park, in accordance with rules adopted under ~~division (A) of~~	67474
section ~~3733.02~~4781.26 of the Revised Code, shall notify the	67475
~~licensor having jurisdiction of the occurrence of~~manufactured	67476
homes commission and the board of health having jurisdiction where	67477
the flood event occurred within forty-eight hours after the end of	67478
the flood event. The commission, after receiving notification,	67479
shall immediately notify the board of health.	67480

~~No person shall fail to comply with this division.~~

67481

~~(B) The licensor having jurisdiction where a flood event~~	67482
~~occurred that affected a manufactured home park shall notify the~~	67483
~~director of health of the occurrence of the flood event within~~	67484
~~twenty-four hours after being notified of the flood event under~~	67485
~~division (A) of this section. Within forty-eight hours after~~After	67486
being notified of such a flood event ~~by a licensor~~, the ~~director~~	67487
board of health shall cause an inspection to be made of the	67488
manufactured home park named in the notice.	67489

~~Sec. 3733.025.~~ Sec. 4781.34. (A) If a mobile or manufactured home	67490
that is located in a flood plain is substantially damaged, the	67491
owner of the home shall make all alterations, repairs, or changes	67492
to the home, and the operator of the manufactured home park shall	67493
make all alterations, repairs, or changes to the lot on which the	67494
home is located, that are necessary to ensure compliance with the	67495
flood plain management rules adopted under ~~division (A) of~~ section	67496
~~3733.02~~4781.26 of the Revised Code. Such alterations, repairs, or	67497
changes may include, without limitation, removal of the home or	67498
other structures.	67499

No person shall fail to comply with this division.

67500

(B) No person shall cause to be performed any alteration,	67501
repair, or change required by division (A) of this section unless	67502
the person first obtains a permit from the ~~director of health or a~~	67503
~~licensor authorized by the director~~manufactured homes commission.	67504
~~The owner of the home and the operator of the manufactured home~~	67505
~~park shall jointly obtain the permit required by this division.~~	67506
~~Each of the persons to whom a permit is jointly issued is~~	67507
~~responsible for compliance with the provisions of the approved~~	67508
~~permit that are applicable to that person.~~	67509

The ~~director or a licensor authorized by the director~~	67510
commission shall disapprove an application for a permit required	67511
under this division unless the ~~director or the licensor~~commission	67512
finds that the proposed alteration, repair, or change complies	67513
with the rules adopted under ~~division (A) of~~ section ~~3733.02~~	67514
4781.26 of the Revised Code. No permit is required under this	67515
division for the construction, erection, or manufacture of any	67516
building to which section 3781.06 of the Revised Code applies.	67517

The ~~director or a licensor authorized by the director~~	67518
commission may suspend or revoke a permit issued under this	67519
division for failure to comply with the rules adopted under	67520
~~division (A) of~~ section ~~3733.02~~4781.26 of the Revised Code	67521
pertaining to flood plain management or for failure to comply with	67522
the approved permit for making alterations, repairs, or changes to	67523
the lot on which the manufactured home is located.	67524

Any person aggrieved by the disapproval, suspension, or	67525
revocation of a permit under this division by the ~~director or by a~~	67526
~~licensor authorized by the director~~commission may request a	67527
hearing on the matter within thirty days after receipt of the	67528
notice of the disapproval, suspension, or revocation. The hearing	67529
shall be held in accordance with Chapter 119. of the Revised Code.	67530
Thereafter, an appeal of the disapproval, suspension, or	67531
revocation may be taken in the manner provided in section 119.12	67532
of the Revised Code and for necessary inspections conducted to	67533
determine compliance with those permits.	67534

(C) The ~~public health council~~commission shall establish fees	67535
for the issuance of permits under division (B) of this section and	67536
for necessary inspections conducted to determine compliance with	67537
those permits for making alterations, repairs, or changes to the	67538
lot on which the manufactured home is located.	67539

(D) The ~~director or a licensor authorized by the director~~	67540
commission shall charge the appropriate fee established under	67541
division (C) of this section for the issuance of a permit under	67542
division (B) of this section or for conducting any necessary	67543
inspection to determine compliance with the permit. If the	67544
~~director~~commission issues such a permit or conducts such an	67545
inspection, the fee for the permit or inspection shall be	67546
transmitted to the treasurer of state and shall be credited to the	67547
~~general operations~~occupational licensing and regulatory fund	67548
created in section ~~3701.83~~4743.05 of the Revised Code. Moneys so	67549
credited to the fund shall be used ~~by the director~~ only for the	67550
purpose of administering and enforcing sections ~~3733.01~~4781.26 to	67551
~~3733.08~~4781.35 of the Revised Code and rules adopted under those	67552
sections. ~~If the licensor is a board of health, the permit or~~	67553
~~inspection fee shall be deposited to the credit of the special~~	67554
~~fund of the health district created in section 3733.04 of the~~	67555
~~Revised Code and shall be used only for the purpose set forth in~~	67556
~~that section.~~	67557

~~Sec. 3733.08.~~ Sec. 4781.35. (A) No person shall violate sections	67558
~~3733.01~~4781.26 to ~~3733.08~~4781.35 of the Revised Code or the	67559
rules adopted thereunder.	67560

(B) The prosecuting attorney of the county, the city director	67561
of law, or the attorney general, upon complaint of the ~~licensor or~~	67562
~~the director of health~~manufactured homes commission, shall	67563
prosecute to termination or bring an action for injunction against	67564
any person violating sections ~~3733.01~~4781.26 to ~~3733.08~~4781.35	67565
of the Revised Code or the rules adopted thereunder.	67566

~~Sec. 3733.09.~~ Sec. 4781.36. (A) Subject to section ~~3733.091~~	67567
4781.37 of the Revised Code, a park operator shall not retaliate	67568
against a resident by increasing the resident's rent, decreasing	67569
services that are due to the resident, refusing to renew or	67570
threatening to refuse to renew the rental agreement with the	67571
resident, or bringing or threatening to bring an action for	67572
possession of the resident's premises because:	67573

(1) The resident has complained to an appropriate	67574
governmental agency of a violation of a building, housing, health,	67575
or safety code that is applicable to the premises, and the	67576
violation materially affects health and safety;	67577

(2) The resident has complained to the park operator of any	67578
violation of section ~~3733.10~~4781.38 of the Revised Code;	67579

(3) The resident joined with other residents for the purpose	67580
of negotiating or dealing collectively with the park operator on	67581
any of the terms and conditions of a rental agreement.	67582

(B) If a park operator acts in violation of division (A) of	67583
this section, the resident may:	67584

(1) Use the retaliatory action of the park operator as a	67585
defense to an action by the park operator to recover possession of	67586
the premises;	67587

(2) Recover possession of the premises;

67588

(3) Terminate the rental agreement.

67589

In addition, the resident may recover from the park operator	67590
any actual damages together with reasonable attorneys fees.	67591

(C) Nothing in division (A) of this section prohibits a park	67592
operator from increasing the rent to reflect the cost of	67593
improvements installed by the park operator in or about the	67594
premises or to reflect an increase in other costs of operation of	67595
the premises.	67596

~~Sec. 3733.091.~~ Sec. 4781.37. (A) Notwithstanding section ~~3733.09~~	67597
4781.36 of the Revised Code, a park operator may bring an action	67598
under Chapter 1923. of the Revised Code for possession of the	67599
premises if any of the following applies:	67600

(1) The resident is in default in the payment of rent.

67601

(2) The violation of the applicable building, housing,	67602
health, or safety code that the resident complained of was	67603
primarily caused by any act or lack of reasonable care by the	67604
resident, by any other person in the resident's household, or by	67605
anyone on the premises with the consent of the resident.	67606

(3) The resident is holding over the resident's term.

67607

(4) The resident is in violation of rules of the ~~public~~	67608
~~health council~~manufactured homes commission adopted pursuant to	67609
section ~~3733.02~~4781.26 of the Revised Code or rules of the	67610
manufactured home park adopted pursuant to the rules of the ~~public~~	67611
~~health council~~manufactured homes commission.	67612

(5) The resident has been absent from the manufactured home	67613
park for a period of thirty consecutive days prior to the	67614
commencement of the action, and the resident's manufactured home,	67615
mobile home, or recreational vehicle parked in the manufactured	67616
home park has been left unoccupied for that thirty-day period,	67617
without notice to the park operator and without payment of rent	67618
due under the rental agreement.	67619

(B) The maintenance of an action by the park operator under	67620
this section does not prevent the resident from recovering damages	67621
for any violation by the park operator of the rental agreement or	67622
of section ~~3733.10~~4781.38 of the Revised Code.	67623

~~Sec. 3733.10.~~ Sec. 4781.38. (A) A park operator who is a party to	67624
a rental agreement shall:	67625

(1) Comply with the requirements of all applicable building,	67626
housing, health, and safety codes which materially affect health	67627
and safety, and comply with rules of the ~~public health council~~	67628
manufactured homes commission;	67629

(2) Make all repairs and do whatever is reasonably necessary	67630
to put and keep the premises in a fit and habitable condition;	67631

(3) Keep all common areas of the premises in a safe and	67632
sanitary condition;	67633

(4) Maintain in good and safe working order and condition all	67634
electrical and plumbing fixtures and appliances, and septic	67635
systems, sanitary and storm sewers, refuse receptacles, and well	67636
and water systems that are supplied or required to be supplied by	67637
~~him~~the park operator;	67638

(5) Not abuse the right of access conferred by division (B)	67639
of section ~~3733.101~~4781.39 of the Revised Code;	67640

(6) Except in the case of emergency or if it is impracticable	67641
to do so, give the resident reasonable notice of ~~his~~the park	67642
operator's intent to enter onto the residential premises and enter	67643
only at reasonable times. Twenty-four hours' notice shall be	67644
presumed to be a reasonable notice in the absence of evidence to	67645
the contrary.	67646

(B) If the park operator violates any provision of this	67647
section, makes a lawful entry onto the residential premises in an	67648
unreasonable manner, or makes repeated demands for entry otherwise	67649
lawful which demands have the effect of harassing the resident,	67650
the resident may recover actual damages resulting from the	67651
violation, entry, or demands and injunctive relief to prevent the	67652
recurrence of the conduct, and if hethe resident obtains a	67653
judgment, reasonable attorneys' fees, or terminate the rental	67654
agreement.	67655

~~Sec. 3733.101.~~ Sec. 4781.39. (A) A resident who is a party to a	67656
rental agreement shall:	67657

(1) Keep that part of the premises that the resident occupies	67658
and uses safe and sanitary;	67659

(2) Dispose of all rubbish, garbage, and other waste in a	67660
clean, safe, and sanitary manner;	67661

(3) Comply with the requirements imposed on residents by all	67662
applicable state and local housing, health, and safety codes,	67663
rules of the ~~public health council~~manufactured homes commission,	67664
and rules of the manufactured home park;	67665

(4) Personally refrain, and forbid any other person who is on	67666
the premises with the resident's permission, from intentionally or	67667
negligently destroying, defacing, damaging, or removing any	67668
fixture, appliance, or other part of the residential premises;	67669

(5) Conduct self and require other persons on the premises	67670
with the resident's consent to conduct themselves in a manner that	67671
will not disturb the resident's neighbors' peaceful enjoyment of	67672
the manufactured home park.	67673

(B) The resident shall not unreasonably withhold consent for	67674
the park operator to enter the home to inspect utility	67675
connections, or enter onto the premises in order to inspect the	67676
premises, make ordinary, necessary, or agreed repairs,	67677
decorations, alterations, or improvements, deliver parcels which	67678
are too large for the resident's mail facilities, or supply	67679
necessary or agreed services.	67680

(C) If the resident violates any provision of this section,	67681
the park operator may recover any actual damages which result from	67682
the violation and reasonable attorneys' fees. This remedy is in	67683
addition to any right of the park operator to terminate the rental	67684
agreement, to maintain an action for the possession of the	67685
premises, or injunctive relief to compel access under division (B)	67686
of this section.	67687

~~Sec. 3733.11.~~ Sec. 4781.40. (A)(1) ~~The~~A manufactured home park	67688
operator shall offer each home owner a written rental agreement	67689
for a manufactured home park lot for a term of one year or more	67690
that contains terms essentially the same as any alternative	67691
month-to-month rental agreement offered to current and prospective	67692
tenants and owners. The park operator shall offer the minimum	67693
one-year rental agreement to the owner prior to installation of	67694
the home in the manufactured home park or, if the home is in the	67695
manufactured home park, prior to the expiration of the owner's	67696
existing rental agreement.	67697

(2) The park operator shall deliver the offer to the owner by	67698
certified mail, return receipt requested, or in person. If the	67699
park operator delivers the offer to the owner in person, the owner	67700
shall complete a return showing receipt of the offer. If the owner	67701
does not accept the offer, the park operator is discharged from	67702
any obligation to make any further such offers. If the owner	67703
accepts the offer, the park operator shall, at the expiration of	67704
each successive rental agreement, offer the owner another rental	67705
agreement, for a term that is mutually agreed upon, and that	67706
contains terms essentially the same as the alternative	67707
month-to-month agreement. The park operator shall deliver	67708
subsequent rental offers by ordinary mail or personal delivery. If	67709
the park operator sells the manufactured home park to another	67710
manufactured home park operator, the purchaser is bound by the	67711
rental agreements entered into by the purchaser's predecessor.	67712

(3) If the park operator sells the manufactured home park for	67713
a use other than as a manufactured home park, the park operator	67714
shall give each tenant and owner a written notification by	67715
certified mail, return receipt requested, or by handing it to the	67716
tenant or owner in person. If the park operator delivers the	67717
notification in person, the recipient shall complete a return	67718
showing receipt of the notification. This notification shall	67719
contain notice of the sale of the manufactured home park, and	67720
notice of the date by which the tenant or owner shall vacate. The	67721
date by which the tenant shall vacate shall be at least one	67722
hundred twenty days after receipt of the written notification, and	67723
the date by which the owner shall vacate shall be at least one	67724
hundred eighty days after receipt of the written notification.	67725

(B) A park operator shall fully disclose in writing all fees,	67726
charges, assessments, including rental fees, and rules prior to a	67727
tenant or owner executing a rental agreement and assuming	67728
occupancy in the manufactured home park. No fees, charges,	67729
assessments, or rental fees so disclosed may be increased nor	67730
rules changed by a park operator without specifying the date of	67731
implementation of the changed fees, charges, assessments, rental	67732
fees, or rules, which date shall be not less than thirty days	67733
after written notice of the change and its effective date to all	67734
tenants or owners in the manufactured home park, and no fee,	67735
charge, assessment, or rental fee shall be increased during the	67736
term of any tenant's or owner's rental agreement. Failure on the	67737
part of the park operator to fully disclose all fees, charges, or	67738
assessments shall prevent the park operator from collecting the	67739
undisclosed fees, charges, or assessments. If a tenant or owner	67740
refuses to pay any undisclosed fees, charges, or assessments, the	67741
refusal shall not be used by the park operator as a cause for	67742
eviction in any court.	67743

(C) A park operator shall promulgate rules governing the	67744
rental or occupancy of a lot in the manufactured home park. The	67745
rules shall not be unreasonable, arbitrary, or capricious. A copy	67746
of the rules and any amendments to them shall be delivered by the	67747
park operator to the tenant or owner prior to signing the rental	67748
agreement. A copy of the rules and any amendments to them shall be	67749
posted in a conspicuous place upon the manufactured home park	67750
grounds.	67751

(D) No park operator shall require an owner to purchase from	67752
the park operator any personal property. The park operator may	67753
determine by rule the style or quality of skirting, equipment for	67754
tying down homes, manufactured or mobile home accessories, or	67755
other equipment to be purchased by an owner from a vendor of the	67756
owner's choosing, provided that the equipment is readily available	67757
to the owner. Any such equipment shall be installed in accordance	67758
with the manufactured home park rules.	67759

(E) No park operator shall charge any owner who chooses to	67760
install an electric or gas appliance in a home an additional fee	67761
solely on the basis of the installation, unless the installation	67762
is performed by the park operator at the request of the owner, nor	67763
shall the park operator restrict the installation, service, or	67764
maintenance of the appliance, restrict the ingress or egress of	67765
repairpersons to the manufactured home park for the purpose of	67766
installation, service, or maintenance of the appliance, nor	67767
restrict the making of any interior improvement in a home, if the	67768
installation or improvement is in compliance with applicable	67769
building codes and other provisions of law and if adequate utility	67770
services are available for the installation or improvement.	67771

(F) No park operator shall require a tenant to lease or an	67772
owner to purchase a manufactured or mobile home from the park	67773
operator or any specific person as a condition of or prerequisite	67774
to entering into a rental agreement.	67775

(G) No park operator shall require an owner to use the	67776
services of the park operator or any other specific person for	67777
installation of the manufactured or mobile home on the residential	67778
premises or for the performance of any service.	67779

(H) No park operator shall:

67780

(1) Deny any owner the right to sell the owner's manufactured	67781
home within the manufactured home park if the owner gives the park	67782
operator ten days' notice of the intention to sell the home;	67783

(2) Require the owner to remove the home from the	67784
manufactured home park solely on the basis of the sale of the	67785
home;	67786

(3) Unreasonably refuse to enter into a rental agreement with	67787
a purchaser of a home located within the operator's manufactured	67788
home park;	67789

(4) Charge any tenant or owner any fee, charge, or	67790
assessment, including a rental fee, that is not set forth in the	67791
rental agreement or, if the rental agreement is oral, is not set	67792
forth in a written disclosure given to the tenant or owner prior	67793
to the tenant or owner entering into a rental agreement;	67794

(5) Charge any owner any fee, charge, or assessment because	67795
of the transfer of ownership of a home or because a home is moved	67796
out of or into the manufactured home park, except a charge for the	67797
actual costs and expenses that are incurred by the park operator	67798
in moving the home out of or into the manufactured home park, or	67799
in installing the home in the manufactured home park and that have	67800
not been reimbursed by another tenant or owner.	67801

(I) If the park operator violates any provision of divisions	67802
(A) to (H) of this section, the tenant or owner may recover actual	67803
damages resulting from the violation, and, if the tenant or owner	67804
obtains a judgment, reasonable attorneys' fees, or terminate the	67805
rental agreement.	67806

(J) No rental agreement shall require a tenant or owner to	67807
sell, lease, or sublet the tenant's or owner's interest in the	67808
rental agreement or the manufactured or mobile home that is or	67809
will be located on the lot that is the subject of the rental	67810
agreement to any specific person or through any specific person as	67811
the person's agent.	67812

(K) No park operator shall enter into a rental agreement with	67813
the owner of a manufactured or mobile home for the use of	67814
residential premises, if the rental agreement requires the owner	67815
of the home, as a condition to the owner's renting, occupying, or	67816
remaining on the residential premises, to pay the park operator or	67817
any other person specified in the rental agreement a fee or any	67818
sum of money based on the sale of the home, unless the owner of	67819
the home uses the park operator or other person as the owner's	67820
agent in the sale of the home.	67821

(L) A park operator and a tenant or owner may include in a	67822
rental agreement any terms and conditions, including any term	67823
relating to rent, the duration of an agreement, and any other	67824
provisions governing the rights and obligations of the parties	67825
that are not inconsistent with or prohibited by sections 3733.09	67826
to 3733.20 of the Revised Code or any other rule of law.	67827

(M) Notwithstanding any other provision of the Revised Code,	67828
the owner of a manufactured or mobile home ~~that was previously~~	67829
~~titled by a dealer~~ may utilize the services of a manufactured ~~home~~	67830
housing dealer or broker licensed under ~~Chapter 4517. of the~~	67831
~~Revised Code~~this chapter or a person properly licensed under	67832
~~Chapter 4735. of the Revised Code~~this chapter to sell or lease	67833
the home.	67834

~~Sec. 3733.12.~~ Sec. 4781.41. (A) If a park operator fails to	67835
fulfill any obligation imposed upon ~~him~~the park operator by	67836
section ~~3733.10~~4781.38 of the Revised Code or by the rental	67837
agreement, or the conditions of the premises are such that the	67838
resident reasonably believes that a park operator has failed to	67839
fulfill any such obligations, or a governmental agency has found	67840
that the premises are not in compliance with building, housing,	67841
health, or safety codes which apply to any condition of the	67842
residential premises that could materially affect the health and	67843
safety of an occupant, the resident may give notice in writing to	67844
the park operator specifying the acts, omissions, or code	67845
violations that constitute noncompliance with such provisions. The	67846
notice shall be sent to the person or place where rent is normally	67847
paid.	67848

(B) If a park operator receives the notice described in	67849
division (A) of this section and after receipt of the notice fails	67850
to remedy the condition within a reasonable time, considering the	67851
severity of the condition and the time necessary to remedy such	67852
condition, or within thirty days, whichever is sooner, and if the	67853
resident is current in rent payments due under the rental	67854
agreement, the resident may do one of the following:	67855

(1) Deposit all rent that is due and thereafter becomes due	67856
the park operator with the clerk of court of the municipal or	67857
county court having jurisdiction in the territory in which the	67858
residential premises are located;	67859

(2) Apply to the court for an order directing the park	67860
operator to remedy the condition. As part thereof, the resident	67861
may deposit rent pursuant to division (B)(1) of this section, and	67862
may apply for an order reducing the periodic rent due the park	67863
operator until such time as the park operator does remedy the	67864
condition, and may apply for an order to use the rent deposited to	67865
remedy the condition. In any order issued pursuant to this	67866
division, the court may require the resident to deposit rent with	67867
the clerk of court as provided in division (B)(1) of this section.	67868

~~Sec. 3733.121.~~ Sec. 4781.42. (A) Whenever a resident deposits rent	67869
with the clerk of a court as provided in section ~~3733.12~~4781.41	67870
of the Revised Code, the clerk shall give written notice of this	67871
fact to the park operator and to ~~his~~the park operator's agent, if	67872
any.	67873

(B) The clerk shall place all rent deposited with ~~him~~the	67874
clerk in a separate rent escrow account in the name of the clerk	67875
in a bank or building and loan association domiciled in this	67876
state.	67877

(C) The clerk shall keep in a separate docket an account of	67878
each deposit, with the name and address of the resident, and the	67879
name and address of the park operator and of ~~his~~the park	67880
operator's agent, if any.	67881

(D) For ~~his~~the clerk's costs, the clerk may charge a fee of	67882
one per cent of the amount of the rent deposited, which shall be	67883
assessed as court costs.	67884

(E) All interest that has accrued on the rent deposited by	67885
the clerk of a county court under division (B) of this section	67886
shall be paid into the treasury of the political subdivision for	67887
which the clerk performs ~~his~~the clerk's duties. All interest that	67888
has accrued on the rent deposited by the clerk of a municipal	67889
court under division (B) of this section shall be paid into the	67890
city treasury as defined in division (B) of section 1901.03 of the	67891
Revised Code.	67892

~~Sec. 3733.122.~~ Sec. 4781.43. (A) A park operator who receives	67893
notice that rent due ~~him~~the park operator has been deposited with	67894
a clerk of court pursuant to section ~~3733.12~~4781.41 of the	67895
Revised Code, may:	67896

(1) Apply to the clerk of court for release of the rent on	67897
the ground that the condition contained in the notice given	67898
pursuant to division (A) of section ~~3733.12~~4781.41 of the Revised	67899
Code has been remedied. The clerk shall forthwith release the	67900
rent, less costs, to the park operator if the resident gives	67901
written notice to the clerk that the condition has been remedied.	67902

(2) Apply to the court for release of the rent on the grounds	67903
that the resident did not comply with the notice requirement of	67904
division (A) of section ~~3733.12~~4781.41 of the Revised Code, or	67905
that the resident was not current in rent payments due under the	67906
rental agreement at the time the resident initiated rent deposits	67907
with the clerk of courts under division (B)(1) of section ~~3733.12~~	67908
4781.41 of the Revised Code;	67909

(3) Apply to the court for release of the rent on the grounds	67910
that there was no violation of any obligation imposed upon the	67911
park operator by section ~~3733.10~~4781.38 of the Revised Code or by	67912
the rental agreement, or by any building, housing, health, or	67913
safety code, or that the condition contained in the notice given	67914
pursuant to division (A) of section ~~3733.12~~4781.41 of the Revised	67915
Code has been remedied.	67916

(B) The resident shall be named as a party to any action	67917
filed by the park operator under this section, and shall have the	67918
right to file an answer and counterclaim, as in other civil cases.	67919
A trial shall be held within sixty days of the date of filing of	67920
the park operator's complaint, unless for good cause shown the	67921
court grants a continuance.	67922

(C) If the court finds that there was no violation of any	67923
obligation imposed upon the park operator by section ~~3733.10~~	67924
4781.38 of the Revised Code or by the rental agreement, or by any	67925
building, housing, health, or safety code, or that the condition	67926
contained in the notice given pursuant to division (A) of section	67927
~~3733.12~~4781.41 of the Revised Code has been remedied, or that the	67928
resident did not comply with the notice requirement of division	67929
(A) of section ~~3733.12~~4781.41 of the Revised Code, or that the	67930
resident was not current in rent payments at the time the resident	67931
initiated rent deposits with the clerk of court under division	67932
(B)(1) of section ~~3733.12~~4781.41 of the Revised Code, the court	67933
shall order the release to the park operator of rent on deposit	67934
with the clerk, less costs.	67935

(D) If the court finds that the condition contained in the	67936
notice given pursuant to division (A) of section ~~3733.12~~4781.41	67937
of the Revised Code was the result of an act or omission of the	67938
resident, or that the resident intentionally acted in bad faith in	67939
proceeding under section ~~3733.12~~4781.41 of the Revised Code, the	67940
resident shall be liable for damages caused to the park operator,	67941
and for costs, together with reasonable attorneys' fees if the	67942
resident intentionally acted in bad faith.	67943

~~Sec. 3733.123.~~ Sec. 4781.44. (A) If a park operator brings an	67944
action for the release of rent deposited with a clerk of court,	67945
the court may, during the pendency of the action, upon application	67946
of the park operator, release part of the rent on deposit for	67947
payment of the periodic interest on a mortgage on the premises,	67948
the periodic principal payments on a mortgage on the premises, the	67949
insurance premiums for the premises, real estate taxes on the	67950
premises, utility services, repairs, and other customary and usual	67951
costs of operating the premises.	67952

(B) In determining whether to release rent for the payments	67953
described in division (A) of this section, the court shall	67954
consider the amount of rent the park operator receives from other	67955
lots, the cost of operating these lots, and the costs which may be	67956
required to remedy the condition contained in the notice given	67957
pursuant to division (A) of section ~~3733.12~~4781.41 of the Revised	67958
Code.	67959

~~Sec. 3733.13.~~ Sec. 4781.45. If a resident commits a material	67960
violation of the rules of the manufactured home park, of the	67961
~~public health council~~manufactured homes commission, or of	67962
applicable state and local health and safety codes, the park	67963
operator may deliver a written notification of the violation to	67964
the resident. The notification shall contain all of the following:	67965

(A) A description of the violation;

67966

(B) A statement that the rental agreement will terminate upon	67967
a date specified in the written notice not less than thirty days	67968
after receipt of the notice unless the resident remedies the	67969
violation;	67970

(C) A statement that the violation was material and that if a	67971
second material violation of any park or ~~public health council~~	67972
commission rule, or any health and safety code, occurs within six	67973
months after the date of this notice, the rental agreement will	67974
terminate immediately;	67975

(D) A statement that a defense available to termination of	67976
the rental agreement for two material violations of park or ~~public~~	67977
~~health council~~commission rules, or of health and safety codes, is	67978
that the park rule is unreasonable, or that the park or ~~public~~	67979
~~health councilrule~~commission, or health or safety code, is not	67980
being enforced against other manufactured home park residents, or	67981
that the two violations were not willful and not committed in bad	67982
faith.	67983

If the resident remedies the condition described in the	67984
notice, whether by repair, the payment of damages, or otherwise,	67985
the rental agreement shall not terminate. The park operator may	67986
terminate the rental agreement immediately if the resident commits	67987
a second material violation of the park or ~~public health council~~	67988
commission rules, or of applicable state and local health and	67989
safety codes, subject to the defense that the park rule is	67990
unreasonable, that the park or ~~public health council~~commission	67991
rule, or health or safety code, is not being enforced against	67992
other manufactured home park residents, or that the two violations	67993
were not willful and not committed in bad faith.	67994

~~Sec. 3733.14.~~ Sec. 4781.46. In any action under sections ~~3733.09~~	67995
4781.36 to ~~3733.20~~4781.52 of the Revised Code, any party may	67996
recover damages for the breach of contract or the breach of any	67997
duty that is imposed by law.	67998

~~Sec. 3733.15.~~ Sec. 4781.47. (A) No provision of sections ~~3733.09~~	67999
4781.36 to ~~3733.20~~4781.52 of the Revised Code may be modified or	68000
waived by any oral or written agreement except as provided in	68001
division (F) of this section.	68002

(B) No warrant of attorney to confess judgment shall be	68003
recognized in any rental agreement or in any other agreement	68004
between a park operator and resident for the recovery of rent or	68005
damages to the residential premises.	68006

(C) No agreement to pay the park operator's or resident's	68007
attorney fees shall be recognized in any rental agreement for	68008
residential premises or in any other agreement between a park	68009
operator and resident.	68010

(D) No agreement by a resident to the exculpation or	68011
limitation of any liability of the park operator arising under law	68012
or to indemnify the park operator for that liability or its	68013
related costs shall be recognized in any rental agreement or in	68014
any other agreement between a park operator and resident.	68015

(E) A rental agreement, or the assignment, conveyance, trust	68016
deed, or security instrument of the park operator's interest in	68017
the rental agreement may not permit the receipt of rent free of	68018
the obligation to comply with section ~~3733.10~~4781.38 of the	68019
Revised Code.	68020

(F) The park operator may agree to assume responsibility for	68021
fulfilling any duty or obligation imposed on a resident by section	68022
~~3733.101~~4781.39 of the Revised Code.	68023

~~Sec. 3733.16.~~ Sec. 4781.48. (A) If the court as a matter of law	68024
finds a rental agreement, or any clause of it, to have been	68025
unconscionable at the time it was made, it may refuse to enforce	68026
the rental agreement or it may enforce the remainder of the rental	68027
agreement without the unconscionable clause, or it may so limit	68028
the application of any unconscionable clause as to avoid any	68029
unconscionable result.	68030

(B) When it is claimed or appears to the court that the	68031
rental agreement, or any clause of it, may be unconscionable, the	68032
parties shall be afforded a reasonable opportunity to present	68033
evidence as to its setting, purpose, and effect to aid the court	68034
in making the determination.	68035

~~Sec. 3733.17.~~ Sec. 4781.49. (A) No park operator of residential	68036
premises shall initiate any act, including termination of	68037
utilities or services, exclusion from the premises, or threat of	68038
any unlawful act, against a resident, or a resident whose right to	68039
possession has terminated, for the purpose of recovering	68040
possession of residential premises, other than as provided in	68041
Chapters 1923., ~~3733.~~4781., and 5303. of the Revised Code.	68042

(B) No park operator of residential premises shall seize the	68043
furnishings or possessions of a resident, or of a resident whose	68044
right to possession was terminated, for the purpose of recovering	68045
rent payments, other than in accordance with an order issued by a	68046
court of competent jurisdiction.	68047

(C) A park operator who violates this section is liable in a	68048
civil action for all damages caused to a resident, or to a	68049
resident whose right to possession has terminated, together with	68050
reasonable attorneys' fees.	68051

~~Sec. 3733.18.~~ Sec. 4781.50. (A) Any security deposit in excess of	68052
fifty dollars or one month's periodic rent, whichever is greater,	68053
shall bear interest on the excess at the rate of five per cent per	68054
annum if the resident remains in possession of the premises for	68055
six months or more, and shall be computed and paid annually by the	68056
park operator to the resident.	68057

(B) Upon termination of the rental agreement any property or	68058
money held by the park operator as a security deposit may be	68059
applied to the payment of past due rent and to the payment of the	68060
amount of damages that the park operator has suffered by reason of	68061
the resident's noncompliance with section ~~3733.101~~4781.39 of the	68062
Revised Code or the rental agreement. Any deduction from the	68063
security deposit shall be itemized and identified by the park	68064
operator in a written notice delivered to the resident together	68065
with the amount due, within thirty days after termination of the	68066
rental agreement and delivery of possession. The resident shall	68067
provide the park operator in writing with a forwarding address or	68068
new address to which the written notice and amount due from the	68069
park operator may be sent. If the resident fails to provide the	68070
park operator with the forwarding or new address as required, the	68071
resident shall not be entitled to damages or attorneys' fees under	68072
division (C) of this section.	68073

(C) If the park operator fails to comply with division (B) of	68074
this section, the resident may recover the property and money due	68075
~~him~~the resident, together with damages in an amount equal to the	68076
amount wrongfully withheld, and reasonable attorneys' fees.	68077

~~Sec. 3733.19.~~ Sec. 4781.51. (A) Every written rental agreement for	68078
residential premises shall contain the name and address of the	68079
owner of the residential premises and the name and address of the	68080
owner's agent, if any. If the owner or the owner's agent is a	68081
corporation, partnership, limited partnership, association, trust,	68082
or other entity, the address shall be the principal place of	68083
business in the county in which the residential premises are	68084
situated or if there is no place of business in such county then	68085
its principal place of business in this state, and shall include	68086
the name of the person in charge thereof.	68087

(B) If the rental agreement is oral, the park operator, at	68088
the commencement of the term of occupancy, shall deliver to the	68089
resident a written notice containing the information required in	68090
division (A) of this section.	68091

(C) If the park operator fails to provide the notice of the	68092
name and address of the owner and owner's agent, if any, as	68093
required under division (A) or (B) of this section, the notices to	68094
the park operator required under division (A) of sections ~~3733.12~~	68095
4781.41 and ~~3733.121~~4781.42 of the Revised Code are waived by the	68096
park operator and the operator's agent.	68097

(D) Every written rental agreement for residential premises	68098
shall contain the following notice in ten-point boldface type:	68099

"YOUR RIGHTS AS A RESIDENT AND YOUR MANUFACTURED HOME PARK	68100
OPERATOR'S RIGHTS ARE PROTECTED BY SECTIONS ~~3733.09~~4781.36 TO	68101
~~3733.20~~4781.52 OF THE REVISED CODE, WHICH REGULATE RENTAL	68102
AGREEMENTS IN MANUFACTURED HOME PARKS."	68103

If the rental agreement is oral, the park operator, at the	68104
commencement of the term of occupancy, shall deliver the notice to	68105
the resident in writing.	68106

~~Sec. 3733.20.~~ Sec. 4781.52. No municipal corporation may adopt or	68107
continue in existence any ordinance and no township may adopt or	68108
continue in existence any resolution that is in conflict with	68109
sections ~~3733.09~~4781.36 to ~~3733.20~~4781.52 of the Revised Code,	68110
or that regulates those rights and obligations of parties to a	68111
rental agreement that are regulated by sections ~~3733.09~~4781.36 to	68112
~~3733.20~~4781.52 of the Revised Code. Sections ~~3733.09~~4781.36 to	68113
~~3733.20~~4781.52 of the Revised Code do not preempt any housing,	68114
building, health, or safety codes of any municipal corporation or	68115
township.	68116

Sec. 4781.99. (A) Whoever violates division (A) of section	68117
4781.16 of the Revised Code is guilty of a minor misdemeanor on a	68118
first offense and shall be subject to a mandatory fine of one	68119
hundred dollars. On a second offense, the person is guilty of a	68120
misdemeanor of the first degree and shall be subject to a	68121
mandatory fine of one thousand dollars.	68122

(B) Whoever violates section 4781.20 of the Revised Code is	68123
guilty of a minor misdemeanor.	68124

(C) Whoever violates any of the following is guilty of a	68125
misdemeanor of the fourth degree:	68126

(1) Division (B) or (C) of section 4781.16 of the Revised	68127
Code;	68128

(2) Section 4781.22 of the Revised Code;

68129

(3) Section 4781.23 of the Revised Code;

68130

(4) Division (A) of section 4781.24 of the Revised Code;

68131

(5) Section 4781.25 of the Revised Code;

68132

(6) Division (A) of section 4781.35 of the Revised Code.

68133

Sec. 4905.90. As used in sections 4905.90 to 4905.96 of the	68134
Revised Code:	68135

(A) "Contiguous property" includes, but is not limited to, a	68136
manufactured home park as defined in section ~~3733.01~~4781.01 of	68137
the Revised Code; a public or publicly subsidized housing project;	68138
an apartment complex; a condominium complex; a college or	68139
university; an office complex; a shopping center; a hotel; an	68140
industrial park; and a race track.	68141

(B) "Gas" means natural gas, flammable gas, or gas which is	68142
toxic or corrosive.	68143

(C) "Gathering lines" and the "gathering of gas" have the	68144
same meaning as in the Natural Gas Pipeline Safety Act and the	68145
rules adopted by the United States department of transportation	68146
pursuant to the Natural Gas Pipeline Safety Act, including 49	68147
C.F.R. part 192, as amended.	68148

(D) "Intrastate pipe-line transportation" has the same	68149
meaning as in 82 Stat. 720 (1968), 49 U.S.C.A. App. 1671, as	68150
amended, but excludes the gathering of gas exempted by the Natural	68151
Gas Pipeline Safety Act.	68152

(E) "Master-meter system" means a pipe-line system that	68153
distributes gas within a contiguous property for which the system	68154
operator purchases gas for resale to consumers, including tenants.	68155
Such pipe-line system supplies consumers who purchase the gas	68156
directly through a meter, or by paying rent, or by other means.	68157
The term includes a master-meter system as defined in 49 C.F.R.	68158
191.3, as amended. The term excludes a pipeline within a	68159
manufactured home, mobile home, or a building.	68160

(F) "Natural Gas Pipeline Safety Act" means the "Natural Gas	68161
Pipeline Safety Act of 1968," 82 Stat. 720, 49 U.S.C.A. App. 1671	68162
et seq., as amended.	68163

(G) "Operator" means any of the following:

68164

(1) A gas company or natural gas company as defined in	68165
section 4905.03 of the Revised Code, except that division (A)(5)	68166
of that section does not authorize the public utilities commission	68167
to relieve any producer of gas, as a gas company or natural gas	68168
company, of compliance with sections 4905.90 to 4905.96 of the	68169
Revised Code or the pipe-line safety code created under section	68170
4905.91 of the Revised Code;	68171

(2) A pipe-line company, as defined in section 4905.03 of the	68172
Revised Code, when engaged in the business of transporting gas by	68173
pipeline;	68174

(3) A public utility that is excepted from the definition of	68175
"public utility" under division (B) or (C) of section 4905.02 of	68176
the Revised Code, when engaged in supplying or transporting gas by	68177
pipeline within this state;	68178

(4) Any person that owns, operates, manages, controls, or	68179
leases any of the following:	68180

(a) Intrastate pipe-line transportation facilities within	68181
this state;	68182

(b) Gas gathering lines within this state which are not	68183
exempted by the Natural Gas Pipeline Safety Act;	68184

68185

"Operator" does not include an ultimate consumer who owns a	68186
service line, as defined in 49 C.F.R. 192.3, as amended, on the	68187
real property of that ultimate consumer.	68188

(H) "Operator of a master-meter system" means a person	68189
described under division ~~(F)~~(G)(4)(c) of this section. An operator	68190
of a master-meter system is not a public utility under section	68191
4905.02 or a gas or natural gas company under section 4905.03 of	68192
the Revised Code.	68193

(I) "Person" means:

68194

(1) In addition to those defined in division (C) of section	68195
1.59 of the Revised Code, a joint venture or a municipal	68196
corporation;	68197

(2) Any trustee, receiver, assignee, or personal	68198
representative of persons defined in division ~~(H)~~(I)(1) of this	68199
section.	68200

(J) "Safety audit" means the public utilities commission's	68201
audit of the premises, pipe-line facilities, and the records,	68202
maps, and other relevant documents of a master-meter system to	68203
determine the operator's compliance with sections 4905.90 to	68204
4905.96 of the Revised Code and the pipe-line safety code.	68205

(K) "Safety inspection" means any inspection, survey, or	68206
testing of a master-meter system which is authorized or required	68207
by sections 4905.90 to 4905.96 of the Revised Code and the	68208
pipe-line safety code. The term includes, but is not limited to,	68209
leak surveys, inspection of regulators and critical valves, and	68210
monitoring of cathodic protection systems, where applicable.	68211

(L) "Safety-related condition" means any safety-related	68212
condition defined in 49 C.F.R. 191.23, as amended.	68213

(M) "Total Mcfs of gas it supplied or delivered" means the	68214
sum of the following volumes of gas that an operator supplied or	68215
delivered, measured in units per one thousand cubic feet:	68216

(1) Residential sales;

68217

(2) Commercial and industrial sales;

68218

(3) Other sales to public authorities;

68219

(4) Interdepartmental sales;

68220

(5) Sales for resale;

68221

(6) Transportation of gas.

68222

Sec. 4909.15. (A) The public utilities commission, when	68223
fixing and determining just and reasonable rates, fares, tolls,	68224
rentals, and charges, shall determine:	68225

(1) The valuation as of the date certain of the property of	68226
the public utility used and useful in rendering the public utility	68227
service for which rates are to be fixed and determined. The	68228
valuation so determined shall be the total value as set forth in	68229
division (J) of section 4909.05 of the Revised Code, and a	68230
reasonable allowance for materials and supplies and cash working	68231
capital, as determined by the commission.	68232

The commission, in its discretion, may include in the	68233
valuation a reasonable allowance for construction work in progress	68234
but, in no event, may such an allowance be made by the commission	68235
until it has determined that the particular construction project	68236
is at least seventy-five per cent complete.	68237

In determining the percentage completion of a particular	68238
construction project, the commission shall consider, among other	68239
relevant criteria, the per cent of time elapsed in construction;	68240
the per cent of construction funds, excluding allowance for funds	68241
used during construction, expended, or obligated to such	68242
construction funds budgeted where all such funds are adjusted to	68243
reflect current purchasing power; and any physical inspection	68244
performed by or on behalf of any party, including the commission's	68245
staff.	68246

A reasonable allowance for construction work in progress	68247
shall not exceed ten per cent of the total valuation as stated in	68248
this division, not including such allowance for construction work	68249
in progress.	68250

Where the commission permits an allowance for construction	68251
work in progress, the dollar value of the project or portion	68252
thereof included in the valuation as construction work in progress	68253
shall not be included in the valuation as plant in service until	68254
such time as the total revenue effect of the construction work in	68255
progress allowance is offset by the total revenue effect of the	68256
plant in service exclusion. Carrying charges calculated in a	68257
manner similar to allowance for funds used during construction	68258
shall accrue on that portion of the project in service but not	68259
reflected in rates as plant in service, and such accrued carrying	68260
charges shall be included in the valuation of the property at the	68261
conclusion of the offset period for purposes of division (J) of	68262
section 4909.05 of the Revised Code.	68263

From and after April 10, 1985, no allowance for construction	68264
work in progress as it relates to a particular construction	68265
project shall be reflected in rates for a period exceeding	68266
forty-eight consecutive months commencing on the date the initial	68267
rates reflecting such allowance become effective, except as	68268
otherwise provided in this division.	68269

The applicable maximum period in rates for an allowance for	68270
construction work in progress as it relates to a particular	68271
construction project shall be tolled if, and to the extent, a	68272
delay in the in-service date of the project is caused by the	68273
action or inaction of any federal, state, county, or municipal	68274
agency having jurisdiction, where such action or inaction relates	68275
to a change in a rule, standard, or approval of such agency, and	68276
where such action or inaction is not the result of the failure of	68277
the utility to reasonably endeavor to comply with any rule,	68278
standard, or approval prior to such change.	68279

In the event that such period expires before the project goes	68280
into service, the commission shall exclude, from the date of	68281
expiration, the allowance for the project as construction work in	68282
progress from rates, except that the commission may extend the	68283
expiration date up to twelve months for good cause shown.	68284

In the event that a utility has permanently canceled,	68285
abandoned, or terminated construction of a project for which it	68286
was previously permitted a construction work in progress	68287
allowance, the commission immediately shall exclude the allowance	68288
for the project from the valuation.	68289

In the event that a construction work in progress project	68290
previously included in the valuation is removed from the valuation	68291
pursuant to this division, any revenues collected by the utility	68292
from its customers after April 10, 1985, that resulted from such	68293
prior inclusion shall be offset against future revenues over the	68294
same period of time as the project was included in the valuation	68295
as construction work in progress. The total revenue effect of such	68296
offset shall not exceed the total revenues previously collected.	68297

In no event shall the total revenue effect of any offset or	68298
offsets provided under division (A)(1) of this section exceed the	68299
total revenue effect of any construction work in progress	68300
allowance.	68301

(2) A fair and reasonable rate of return to the utility on	68302
the valuation as determined in division (A)(1) of this section;	68303

(3) The dollar annual return to which the utility is entitled	68304
by applying the fair and reasonable rate of return as determined	68305
under division (A)(2) of this section to the valuation of the	68306
utility determined under division (A)(1) of this section;	68307

(4) The cost to the utility of rendering the public utility	68308
service for the test period less the total of any interest on cash	68309
or credit refunds paid, pursuant to section 4909.42 of the Revised	68310
Code, by the utility during the test period.	68311

(a) Federal, state, and local taxes imposed on or measured by	68312
net income may, in the discretion of the commission, be computed	68313
by the normalization method of accounting, provided the utility	68314
maintains accounting reserves that reflect differences between	68315
taxes actually payable and taxes on a normalized basis, provided	68316
that no determination as to the treatment in the rate-making	68317
process of such taxes shall be made that will result in loss of	68318
any tax depreciation or other tax benefit to which the utility	68319
would otherwise be entitled, and further provided that such tax	68320
benefit as redounds to the utility as a result of such a	68321
computation may not be retained by the company, used to fund any	68322
dividend or distribution, or utilized for any purpose other than	68323
the defrayal of the operating expenses of the utility and the	68324
defrayal of the expenses of the utility in connection with	68325
construction work.	68326

(b) The amount of any tax credits granted to an electric	68327
light company under section 5727.391 of the Revised Code for Ohio	68328
coal burned prior to January 1, 2000, shall not be retained by the	68329
company, used to fund any dividend or distribution, or utilized	68330
for any purposes other than the defrayal of the allowable	68331
operating expenses of the company and the defrayal of the	68332
allowable expenses of the company in connection with the	68333
installation, acquisition, construction, or use of a compliance	68334
facility. The amount of the tax credits granted to an electric	68335
light company under that section for Ohio coal burned prior to	68336
January 1, 2000, shall be returned to its customers within three	68337
years after initially claiming the credit through an offset to the	68338
company's rates or fuel component, as determined by the	68339
commission, as set forth in schedules filed by the company under	68340
section 4905.30 of the Revised Code. As used in division	68341
(A)(4)~~(c)~~(b) of this section, "compliance facility" has the same	68342
meaning as in section 5727.391 of the Revised Code.	68343

(B) The commission shall compute the gross annual revenues to	68344
which the utility is entitled by adding the dollar amount of	68345
return under division (A)(3) of this section to the cost of	68346
rendering the public utility service for the test period under	68347
division (A)(4) of this section.	68348

(C) The test period, unless otherwise ordered by the	68349
commission, shall be the twelve-month period beginning six months	68350
prior to the date the application is filed and ending six months	68351
subsequent to that date. In no event shall the test period end	68352
more than nine months subsequent to the date the application is	68353
filed. The revenues and expenses of the utility shall be	68354
determined during the test period. The date certain shall be not	68355
later than the date of filing.	68356

(D) ~~When the~~(1) The commission shall fix and determine the	68357
just and reasonable rate, fare, charge, toll, rental, or service	68358
to be rendered, charged, demanded, exacted, or collected for the	68359
performance or rendition of a service that will provide a public	68360
utility the allowable gross annual revenues under division (B) of	68361
this section, and order such just and reasonable rate, fare,	68362
charge, toll, rental, or service to be substituted for the	68363
existing one, when either of the following apply:	68364

(a) The commission is of the opinion, after hearing and after	68365
making the determinations under divisions (A) and (B) of this	68366
section, that any of the following apply:	68367

(i) Any rate, fare, charge, toll, rental, schedule,	68368
classification, or service, or any joint rate, fare, charge, toll,	68369
rental, schedule, classification, or service rendered, charged,	68370
demanded, exacted, or proposed to be rendered, charged, demanded,	68371
or exacted, is, or will be, unjust, unreasonable, unjustly	68372
discriminatory, unjustly preferential, or in violation of law,	68373
~~that the~~.	68374

(ii) The service is, or will be, inadequate~~, or that the~~.

68375

(iii) The maximum rates, charges, tolls, or rentals	68376
chargeable by any such public utility are insufficient to yield	68377
reasonable compensation for the service rendered, and are unjust	68378
and unreasonable~~, the commission shall~~.	68379

(b) A public utility's rate, fare, charge, toll, rental, or	68380
schedule, or joint rate, fare, charge, toll, rental, or schedule,	68381
charged, demanded, exacted, or proposed to be charged, demanded,	68382
or exacted, was, or will be, determined in part based on the	68383
utility's payments of assessments under section 4911.18 of the	68384
Revised Code that were based on an appropriation to the office of	68385
the consumers' counsel for fiscal year 2011 or a prior fiscal year	68386
and that exceeded the minimum assessment under that section.	68387

(2) The commission shall make the fixations and	68388
determinations under division (D)(1)(a) of this section:	68389

~~(1)~~(a) With due regard among other things to the value of all	68390
property of the public utility actually used and useful for the	68391
convenience of the public as determined under division (A)(1) of	68392
this section, excluding from such value the value of any franchise	68393
or right to own, operate, or enjoy the same in excess of the	68394
amount, exclusive of any tax or annual charge, actually paid to	68395
any political subdivision of the state or county, as the	68396
consideration for the grant of such franchise or right, and	68397
excluding any value added to such property by reason of a monopoly	68398
or merger, with due regard in determining the dollar annual return	68399
under division (A)(3) of this section to the necessity of making	68400
reservation out of the income for surplus, depreciation, and	68401
contingencies, and;	68402

~~(2)~~(b) With due regard to all such other matters as are	68403
proper, according to the facts in each case,	68404

~~(a)~~(i) Including a fair and reasonable rate of return	68405
determined by the commission with reference to a cost of debt	68406
equal to the actual embedded cost of debt of such public utility,	68407

~~(b)~~(ii) But not including the portion of any periodic rental	68408
or use payments representing that cost of property that is	68409
included in the valuation report under divisions (F) and (G) of	68410
section 4909.05 of the Revised Code~~, fix and determine the just~~	68411
~~and reasonable rate, fare, charge, toll, rental, or service to be~~	68412
~~rendered, charged, demanded, exacted, or collected for the~~	68413
~~performance or rendition of the service that will provide the~~	68414
~~public utility the allowable gross annual revenues under division~~	68415
~~(B) of this section, and order such just and reasonable rate,~~	68416
~~fare, charge, toll, rental, or service to be substituted for the~~	68417
~~existing one. After such determination~~.	68418

(3) The commission shall make the fixations and	68419
determinations under division (D)(1)(b) of this section	68420
exclusively with regard to the payments of assessments that are	68421
required to be calculated based on the appropriation to the office	68422
of the consumers' counsel for fiscal year 2012. The commission	68423
shall make all such fixations and determinations on or before	68424
December 31, 2011, unless the public utility has filed an	68425
application with the commission under section 4909.18 of the	68426
Revised Code and the application is pending on the effective date	68427
of this section.	68428

(4) After a determination and order made under division (D)	68429
of this section, no change in the rate, fare, toll, charge,	68430
rental, schedule, classification, or service shall be made,	68431
rendered, charged, demanded, exacted, or changed by such public	68432
utility without the order of the commission, and any other rate,	68433
fare, toll, charge, rental, classification, or service is	68434
prohibited.	68435

(E) Upon application of any person or any public utility, and	68436
after notice to the parties in interest and opportunity to be	68437
heard as provided in Chapters 4901., 4903., 4905., 4907., 4909.,	68438
4921., and 4923. of the Revised Code for other hearings, has been	68439
given, the commission may rescind, alter, or amend an order fixing	68440
any rate, fare, toll, charge, rental, classification, or service,	68441
or any other order made by the commission. Certified copies of	68442
such orders shall be served and take effect as provided for	68443
original orders.	68444

Sec. 4911.02. (A) The consumers' counsel shall be appointed	68445
by the consumers' counsel governing board, and shall hold office	68446
at the pleasure of the board.	68447

(B)(1) The counsel may sue or be sued and has the powers and	68448
duties granted ~~him~~the counsel under this chapter, and all	68449
necessary powers to carry out the purposes of this chapter.	68450

(2) Without limitation because of enumeration, the counsel:

68451

(a) Shall have all the rights and powers of any party in	68452
interest appearing before the public utilities commission	68453
regarding examination and cross-examination of witnesses,	68454
presentation of evidence, and other matters;	68455

(b) May take appropriate action with respect to residential	68456
consumer complaints concerning quality of service, service	68457
charges, and the operation of the public utilities commission;	68458

(c) May institute, intervene in, or otherwise participate in	68459
proceedings in both state and federal courts and administrative	68460
agencies on behalf of the residential consumers concerning review	68461
of decisions rendered by, or failure to act by, the public	68462
utilities commission;	68463

(d) May conduct long range studies concerning various topics	68464
relevant to the rates charged to ~~residenial~~residential consumers.	68465

(C) The counsel shall not advocate or otherwise promote any	68466
position contrary to development of competitive markets in this	68467
state, including the policies of this state as set forth in	68468
Chapter 4929. of the Revised Code.	68469

Sec. 4911.021. The consumers' counsel shall not operate a	68470
telephone call center for consumer complaints. Any calls received	68471
by the consumers' counsel concerning consumer complaints shall be	68472
forwarded to the public utilities commission's call center.	68473

Sec. 4927.17. (A) Except as provided in sections 4927.07 and	68474
4927.12 of the Revised Code and, if applicable, under rules	68475
adopted by the public utilities commission for the pilot program	68476
for community-voicemail service created in S.B. 162 of the 128th	68477
general assembly, a telephone company shall provide at least	68478
fifteen days' advance notice to its affected customers of any	68479
material change in the rates, terms, and conditions of a service	68480
and any change in the company's operations that are not	68481
transparent to customers and may impact service.	68482

(B) A telephone company shall inform its customers of the	68483
commission's toll-free number and e-mail address on all bills and	68484
disconnection notices ~~and any residential customers of the office~~	68485
~~of the consumers' counsel's toll-free number and e-mail address on~~	68486
~~all residential bills and disconnection notices~~.	68487

Sec. 4928.10. For the protection of consumers in this state,	68488
the public utilities commission shall adopt rules under division	68489
(A) of section 4928.06 of the Revised Code specifying the	68490
necessary minimum service requirements, on or after the starting	68491
date of competitive retail electric service, of an electric	68492
utility, electric services company, electric cooperative, or	68493
governmental aggregator subject to certification under section	68494
4928.08 of the Revised Code regarding the provision directly or	68495
through its billing and collection agent of competitive retail	68496
electric services for which it is subject to certification. Rules	68497
adopted under this section shall include a prohibition against	68498
unfair, deceptive, and unconscionable acts and practices in the	68499
marketing, solicitation, and sale of such a competitive retail	68500
electric service and in the administration of any contract for	68501
service, and also shall include additional consumer protections	68502
concerning all of the following:	68503

(A) Contract disclosure. The rules shall include requirements	68504
that an electric utility, electric services company, electric	68505
cooperative, or governmental aggregator subject to certification	68506
under section 4928.08 of the Revised Code do both of the	68507
following:	68508

(1) Provide consumers with adequate, accurate, and	68509
understandable pricing and terms and conditions of service,	68510
including any switching fees, and with a document containing the	68511
terms and conditions of pricing and service before the consumer	68512
enters into the contract for service;	68513

(2) Disclose the conditions under which a customer may	68514
rescind a contract without penalty.	68515

(B) Service termination. The rules shall include disclosure	68516
of the terms identifying how customers may switch or terminate	68517
service, including any required notice and any penalties.	68518

(C) Minimum content of customer bills. The rules shall	68519
include all of the following requirements, which shall be	68520
standardized:	68521

(1) Price disclosure and disclosures of total billing units	68522
for the billing period and historical annual usage;	68523

(2) To the maximum extent practicable, separate listing of	68524
each service component to enable a customer to recalculate its	68525
bill for accuracy;	68526

(3) Identification of the supplier of each service;

68527

(4) Statement of where and how payment may be made and	68528
provision of a toll-free or local customer assistance and	68529
complaint number for the electric utility, electric services	68530
company, electric cooperative, or governmental aggregator, as well	68531
as a consumer assistance telephone number or numbers for state	68532
agencies, such as the commission~~, the office of the consumers'~~	68533
~~counsel,~~ and the attorney general's office, with the available	68534
hours noted;	68535

(5) Other than for the first billing after the starting date	68536
of competitive retail electric service, highlighting and clear	68537
explanation on each customer bill, for two consecutive billing	68538
periods, of any changes in the rates, terms, and conditions of	68539
service.	68540

(D) Disconnection and service termination, including	68541
requirements with respect to master-metered buildings. The rules	68542
shall include policies and procedures that are consistent with	68543
sections 4933.121 and 4933.122 of the Revised Code and the	68544
commission's rules adopted under those sections, and that provide	68545
for all of the following:	68546

(1) Coordination between suppliers for the purpose of	68547
maintaining service;	68548

(2) The allocation of partial payments between suppliers when	68549
service components are jointly billed;	68550

(3) A prohibition against blocking, or authorizing the	68551
blocking of, customer access to a noncompetitive retail electric	68552
service when a customer is delinquent in payments to the electric	68553
utility or electric services company for a competitive retail	68554
electric service;	68555

(4) A prohibition against switching, or authorizing the	68556
switching of, a customer's supplier of competitive retail electric	68557
service without the prior consent of the customer in accordance	68558
with appropriate confirmation practices, which may include	68559
independent, third-party verification procedures.	68560

(5) A requirement of disclosure of the conditions under which	68561
a customer may rescind a decision to switch its supplier without	68562
penalty;	68563

(6) Specification of any required notice and any penalty for	68564
early termination of contract.	68565

(E) Minimum service quality, safety, and reliability.	68566
However, service quality, safety, and reliability requirements for	68567
electric generation service shall be determined primarily through	68568
market expectations and contractual relationships.	68569

(F) Generation resource mix and environmental characteristics	68570
of power supplies. The rules shall include requirements for	68571
determination of the approximate generation resource mix and	68572
environmental characteristics of the power supplies and disclosure	68573
to the customer prior to the customer entering into a contract to	68574
purchase and four times per year under the contract. The rules	68575
also shall require that the electric utility, electric services	68576
company, electric cooperative, or governmental aggregator provide,	68577
or cause its billing and collection agent to provide, a customer	68578
with standardized information comparing the projected, with the	68579
actual and verifiable, resource mix and environmental	68580
characteristics. This disclosure shall occur not less than	68581
annually or not less than once during the contract period if the	68582
contract period is less than one year, and prior to any renewal of	68583
a contract.	68584

(G) Customer information. The rules shall include	68585
requirements that the electric utility, electric services company,	68586
electric cooperative, or governmental aggregator make generic	68587
customer load pattern information available to other electric	68588
light companies on a comparable and nondiscriminatory basis, and	68589
make customer-specific information available to other electric	68590
light companies on a comparable and nondiscriminatory basis	68591
unless, as to customer-specific information, the customer objects.	68592
The rules shall ensure that each such utility, company,	68593
cooperative, or aggregator provide clear and frequent notice to	68594
its customers of the right to object and of applicable procedures.	68595
The rules shall establish the exact language that shall be used in	68596
all such notices.	68597

Sec. 4928.18. (A) Notwithstanding division (D)(2)~~(a)~~(b)(i)	68598
of section 4909.15 of the Revised Code, nothing in this chapter	68599
prevents the public utilities commission from exercising its	68600
authority under Title XLIX of the Revised Code to protect	68601
customers of retail electric service supplied by an electric	68602
utility from any adverse effect of the utility's provision of a	68603
product or service other than retail electric service.	68604

(B) The commission has jurisdiction under section 4905.26 of	68605
the Revised Code, upon complaint of any person or upon complaint	68606
or initiative of the commission on or after the starting date of	68607
competitive retail electric service, to determine whether an	68608
electric utility or its affiliate has violated any provision of	68609
section 4928.17 of the Revised Code or an order issued or rule	68610
adopted under that section. For this purpose, the commission may	68611
examine such books, accounts, or other records kept by an electric	68612
utility or its affiliate as may relate to the businesses for which	68613
corporate separation is required under section 4928.17 of the	68614
Revised Code, and may investigate such utility or affiliate	68615
operations as may relate to those businesses and investigate the	68616
interrelationship of those operations. Any such examination or	68617
investigation by the commission shall be governed by Chapter 4903.	68618
of the Revised Code.	68619

(C) In addition to any remedies otherwise provided by law,	68620
the commission, regarding a determination of a violation pursuant	68621
to division (B) of this section, may do any of the following:	68622

(1) Issue an order directing the utility or affiliate to	68623
comply;	68624

(2) Modify an order as the commission finds reasonable and	68625
appropriate and order the utility or affiliate to comply with the	68626
modified order;	68627

(3) Suspend or abrogate an order, in whole or in part;

68628

(4) Issue an order that the utility or affiliate pay	68629
restitution to any person injured by the violation or failure to	68630
comply;	68631

(D) In addition to any remedies otherwise provided by law,	68632
the commission, regarding a determination of a violation pursuant	68633
to division (B) of this section and commensurate with the severity	68634
of the violation, the source of the violation, any pattern of	68635
violations, or any monetary damages caused by the violation, may	68636
do either of the following:	68637

(1) Impose a forfeiture on the utility or affiliate of up to	68638
twenty-five thousand dollars per day per violation. The recovery	68639
and deposit of any such forfeiture shall be subject to sections	68640
4905.57 and 4905.59 of the Revised Code.	68641

(2) Regarding a violation by an electric utility relating to	68642
a corporate separation plan involving competitive retail electric	68643
service, suspend or abrogate all or part of an order, to the	68644
extent it is in effect, authorizing an opportunity for the utility	68645
to receive transition revenues under a transition plan approved by	68646
the commission under section 4928.33 of the Revised Code.	68647

Corporate separation under this section does not prohibit the	68648
common use of employee benefit plans, facilities, equipment, or	68649
employees, subject to proper accounting and the code of conduct	68650
ordered by the commission as provided in division (A)(1) of this	68651
section.	68652

(E) Section 4905.61 of the Revised Code applies in the case	68653
of any violation of section 4928.17 of the Revised Code or of any	68654
rule adopted or order issued under that section.	68655

Sec. 4929.22. For the protection of consumers in this state,	68656
the public utilities commission shall adopt rules under section	68657
4929.10 of the Revised Code specifying the necessary minimum	68658
service requirements of a retail natural gas supplier or	68659
governmental aggregator subject to certification under section	68660
4929.20 of the Revised Code regarding the marketing, solicitation,	68661
sale, or provision, directly or through its billing and collection	68662
agent, of any competitive retail natural gas service for which it	68663
is subject to certification. Rules adopted under this section	68664
shall include additional consumer protections concerning all of	68665
the following:	68666

(A) Contract disclosure. The rules shall include requirements	68667
that a retail natural gas supplier or governmental aggregator	68668
subject to certification under section 4929.20 of the Revised Code	68669
do both of the following:	68670

(1) Provide consumers with adequate, accurate, and	68671
understandable pricing and terms and conditions of service,	68672
including any switching fees, and with a document containing the	68673
terms and conditions of pricing and service before the consumer	68674
enters into the contract for service;	68675

(2) Disclose the conditions under which a customer may	68676
rescind a contract without penalty.	68677

(B) Service qualification and termination. The rules shall	68678
include a requirement that, before a consumer is eligible for	68679
service from a retail natural gas supplier or governmental	68680
aggregator subject to certification under section 4929.20 of the	68681
Revised Code, the consumer shall discharge, or enter into a plan	68682
to discharge, all existing arrearages owed to or being billed by	68683
the natural gas company from which the consumer presently is	68684
receiving service. The rules also shall provide for disclosure of	68685
the terms identifying how customers may switch or terminate	68686
service, including any required notice and any penalties.	68687

(C) Minimum content of customer bills. The rules shall	68688
include all of the following requirements, which shall be	68689
standardized:	68690

(1) Price disclosure and disclosures of total billing units	68691
for the billing period and historical annual usage;	68692

(2) To the maximum extent practicable, separate listing of	68693
each service component to enable a customer to recalculate its	68694
bill for accuracy;	68695

(3) Identification of the supplier of each service;

68696

(4) Statement of where and how payment may be made and	68697
provision of a toll-free or local customer assistance and	68698
complaint number for the retail natural gas supplier or	68699
governmental aggregator, as well as a consumer assistance	68700
telephone number or numbers for state agencies, such as the	68701
commission~~, the office of the consumers' counsel,~~ and the attorney	68702
general's office, with the available hours noted;	68703

(5) Other than for the first billing after the effective date	68704
of initial rules adopted pursuant to division (A) of section	68705
4929.20 of the Revised Code, highlighting and clear explanation on	68706
each customer bill, for two consecutive billing periods, of any	68707
changes in the rates, terms, and conditions of service.	68708

(D) Disconnection and service termination, including	68709
requirements with respect to master-metered buildings. The rules	68710
shall include policies and procedures that are consistent with	68711
sections 4933.12 and 4933.122 of the Revised Code and the	68712
commission's rules adopted under those sections, and that provide	68713
for all of the following:	68714

(1) Coordination between suppliers for the purpose of	68715
maintaining service;	68716

(2) The allocation of partial payments between suppliers when	68717
service components are jointly billed;	68718

(3) A prohibition against switching, or authorizing the	68719
switching of, a customer's supplier of competitive retail natural	68720
gas service without the prior consent of the customer in	68721
accordance with appropriate confirmation practices, which may	68722
include independent, third-party verification procedures;	68723

(4) A requirement of disclosure of the conditions under which	68724
a customer may rescind a decision to switch its supplier without	68725
penalty;	68726

(5) Specification of any required notice and any penalty for	68727
early termination of contract.	68728

(E) Minimum service quality, safety, and reliability.

68729

(F) Customer information. The rules shall include	68730
requirements that a natural gas company make generic customer load	68731
pattern information available to a retail natural gas supplier or	68732
governmental aggregator as defined in division (K)(1) or (2) of	68733
section 4929.01 of the Revised Code on a comparable and	68734
nondiscriminatory basis, and make customer information available	68735
to a retail natural gas supplier or governmental aggregator as	68736
defined in division (K)(1) or (2) of section 4929.01 of the	68737
Revised Code on a comparable and nondiscriminatory basis unless,	68738
as to customer information, the customer objects. The rules shall	68739
ensure that each natural gas company provide clear and frequent	68740
notice to its customers of the right to object and of applicable	68741
procedures. The rules shall establish the exact language that	68742
shall be used in all such notices. The rules also shall require	68743
that, upon the request of a governmental aggregator defined in	68744
division (K)(1) of section 4929.01 of the Revised Code, solely for	68745
purposes of the disclosure required by division (D) of section	68746
4929.26 of the Revised Code, or for purposes of a governmental	68747
aggregator defined in division (K)(2) of section 4929.01 of the	68748
Revised Code, a natural gas company or retail natural gas supplier	68749
must provide the governmental aggregator, in a timely manner and	68750
at such cost as the commission shall provide for in the rules,	68751
with the billing names and addresses of the customers of the	68752
company or supplier whose retail natural gas loads are to be	68753
included in the governmental aggregation.	68754

(G) Ohio office. The rules shall require that a retail	68755
natural gas supplier maintain an office and an employee in this	68756
state.	68757

Sec. 5101.16. (A) As used in this section and sections	68758
5101.161 and 5101.162 of the Revised Code:	68759

(1) "Disability financial assistance" means the financial	68760
assistance program established under Chapter 5115. of the Revised	68761
Code.	68762

(2) " Supplemental nutrition assistance program" means the	68763
program administered by the department of job and family services	68764
pursuant to section 5101.54 of the Revised Code.	68765

(3) "Medicaid" means the medical assistance program	68766
established by Chapter 5111. of the Revised Code, excluding	68767
transportation services provided under that chapter.	68768

(4) "Ohio works first" means the program established by	68769
Chapter 5107. of the Revised Code.	68770

(5) "Prevention, retention, and contingency" means the	68771
program established by Chapter 5108. of the Revised Code.	68772

(6) "Public assistance expenditures" means expenditures for	68773
all of the following:	68774

(a) Ohio works first;

68775

(b) County administration of Ohio works first;

68776

68777

(d) County administration of prevention, retention, and	68778
contingency;	68779

(e) Disability financial assistance;

68780

(f) County administration of disability financial assistance;

68781

(g) County administration of the supplemental nutrition	68782
assistance program;	68783

(h) County administration of medicaid.

68784

(7) "Title IV-A program" has the same meaning as in section	68785
5101.80 of the Revised Code.	68786

(B) Each board of county commissioners shall pay the county	68787
share of public assistance expenditures in accordance with section	68788
5101.161 of the Revised Code. Except as provided in division (C)	68789
of this section, a county's share of public assistance	68790
expenditures is the sum of all of the following for state fiscal	68791
year 1998 and each state fiscal year thereafter:	68792

(1) The amount that is twenty-five per cent of the county's	68793
total expenditures for disability financial assistance and county	68794
administration of that program during the state fiscal year ending	68795
in the previous calendar year that the department of job and	68796
family services determines are allowable.	68797

(2) The amount that is ten per cent, or other percentage	68798
determined under division (D) of this section, of the county's	68799
total expenditures for county administration of the supplemental	68800
nutrition assistance program and medicaid during the state fiscal	68801
year ending in the previous calendar year that the department	68802
determines are allowable, less the amount of federal reimbursement	68803
credited to the county under division (E) of this section for the	68804
state fiscal year ending in the previous calendar year;	68805

(3) A percentage of the actual amount of the county share of	68806
program and administrative expenditures during federal fiscal year	68807
1994 for assistance and services, other than child care, provided	68808
under Titles IV-A and IV-F of the "Social Security Act," 49 Stat.	68809
620 (1935), 42 U.S.C. 301, as those titles existed prior to the	68810
enactment of the "Personal Responsibility and Work Opportunity	68811
Reconciliation Act of 1996," 110 Stat. 2105. The department of job	68812
and family services shall determine the actual amount of the	68813
county share from expenditure reports submitted to the United	68814
States department of health and human services. The percentage	68815
shall be the percentage established in rules adopted under	68816
division (F) of this section.	68817

(C)(1) If a county's share of public assistance expenditures	68818
determined under division (B) of this section for a state fiscal	68819
year exceeds one hundred ~~ten~~five per cent of the county's share	68820
for those expenditures for the immediately preceding state fiscal	68821
year, the department of job and family services shall reduce the	68822
county's share for expenditures under divisions (B)(1) and (2) of	68823
this section so that the total of the county's share for	68824
expenditures under division (B) of this section equals one hundred	68825
~~ten~~five per cent of the county's share of those expenditures for	68826
the immediately preceding state fiscal year.	68827

(2) A county's share of public assistance expenditures	68828
determined under division (B) of this section may be increased	68829
pursuant to section 5101.163 of the Revised Code and a sanction	68830
under section 5101.24 of the Revised Code. An increase made	68831
pursuant to section 5101.163 of the Revised Code may cause the	68832
county's share to exceed the limit established by division (C)(1)	68833
of this section.	68834

(D)(1) If the per capita tax duplicate of a county is less	68835
than the per capita tax duplicate of the state as a whole and	68836
division (D)(2) of this section does not apply to the county, the	68837
percentage to be used for the purpose of division (B)(2) of this	68838
section is the product of ten multiplied by a fraction of which	68839
the numerator is the per capita tax duplicate of the county and	68840
the denominator is the per capita tax duplicate of the state as a	68841
whole. The department of job and family services shall compute the	68842
per capita tax duplicate for the state and for each county by	68843
dividing the tax duplicate for the most recent available year by	68844
the current estimate of population prepared by the department of	68845
development.	68846

(2) If the percentage of families in a county with an annual	68847
income of less than three thousand dollars is greater than the	68848
percentage of such families in the state and division (D)(1) of	68849
this section does not apply to the county, the percentage to be	68850
used for the purpose of division (B)(2) of this section is the	68851
product of ten multiplied by a fraction of which the numerator is	68852
the percentage of families in the state with an annual income of	68853
less than three thousand dollars a year and the denominator is the	68854
percentage of such families in the county. The department of job	68855
and family services shall compute the percentage of families with	68856
an annual income of less than three thousand dollars for the state	68857
and for each county by multiplying the most recent estimate of	68858
such families published by the department of development, by a	68859
fraction, the numerator of which is the estimate of average annual	68860
personal income published by the bureau of economic analysis of	68861
the United States department of commerce for the year on which the	68862
census estimate is based and the denominator of which is the most	68863
recent such estimate published by the bureau.	68864

(3) If the per capita tax duplicate of a county is less than	68865
the per capita tax duplicate of the state as a whole and the	68866
percentage of families in the county with an annual income of less	68867
than three thousand dollars is greater than the percentage of such	68868
families in the state, the percentage to be used for the purpose	68869
of division (B)(2) of this section shall be determined as follows:	68870

(a) Multiply ten by the fraction determined under division	68871
(D)(1) of this section;	68872

(b) Multiply the product determined under division (D)(3)(a)	68873
of this section by the fraction determined under division (D)(2)	68874
of this section.	68875

(4) The department of job and family services shall	68876
determine, for each county, the percentage to be used for the	68877
purpose of division (B)(2) of this section not later than the	68878
first day of July of the year preceding the state fiscal year for	68879
which the percentage is used.	68880

(E) The department of job and family services shall credit to	68881
a county the amount of federal reimbursement the department	68882
receives from the United States departments of agriculture and	68883
health and human services for the county's expenditures for	68884
administration of the supplemental nutrition assistance program	68885
and medicaid that the department determines are allowable	68886
administrative expenditures.	68887

(F)(1) The director of job and family services shall adopt	68888
rules in accordance with section 111.15 of the Revised Code to	68889
establish all of the following:	68890

(a) The method the department is to use to change a county's	68891
share of public assistance expenditures determined under division	68892
(B) of this section as provided in division (C) of this section;	68893

(b) The allocation methodology and formula the department	68894
will use to determine the amount of funds to credit to a county	68895
under this section;	68896

(c) The method the department will use to change the payment	68897
of the county share of public assistance expenditures from a	68898
calendar-year basis to a state fiscal year basis;	68899

(d) The percentage to be used for the purpose of division	68900
(B)(3) of this section, which shall, except as provided in section	68901
5101.163 of the Revised Code, meet both of the following	68902
requirements:	68903

(i) The percentage shall not be less than seventy-five per	68904
cent nor more than eighty-two per cent;	68905

(ii) The percentage shall not exceed the percentage that the	68906
state's qualified state expenditures is of the state's historic	68907
state expenditures as those terms are defined in 42 U.S.C.	68908
609(a)(7).	68909

(e) Other procedures and requirements necessary to implement	68910
this section.	68911

(2) The director of job and family services may amend the	68912
rule adopted under division (F)(1)(d) of this section to modify	68913
the percentage on determination that the amount the general	68914
assembly appropriates for Title IV-A programs makes the	68915
modification necessary. The rule shall be adopted and amended as	68916
if an internal management rule and in consultation with the	68917
director of budget and management.	68918

Sec. 5101.181. (A) As used in this section and section	68919
5101.182 of the Revised Code~~, "public~~:	68920

(1) "Public assistance" ~~includes, in addition to Ohio works~~	68921
~~first,~~means any or all of the following:	68922

~~(1)~~(a) Ohio works first;

68923

(b) Prevention, retention, and contingency;

68924

~~(2) Medicaid;~~

68925

~~(3)~~(c) Disability financial assistance;

68926

~~(4)~~(d) General assistance provided prior to July 17, 1995,	68927
under former Chapter 5113. of the Revised Code.	68928

(2) "Medical assistance" means medical assistance provided	68929
pursuant to, or under programs established by, section 5101.49,	68930
sections 5101.50 to 5101.529, Chapter 5111., or any other	68931
provision of the Revised Code.	68932

(B) As part of the procedure for the determination of	68933
overpayment to a recipient of public assistance under Chapter	68934
5107., 5108., ~~5111.,~~ or 5115. of the Revised Code, the director of	68935
job and family services ~~shall~~may furnish quarterly the name and	68936
social security number of each individual who receives public	68937
assistance to the director of administrative services, the	68938
administrator of the bureau of workers' compensation, and each of	68939
the state's retirement boards. Within fourteen days after	68940
receiving the name and social security number of an individual who	68941
receives public assistance, the director of administrative	68942
services, administrator, or board shall inform the auditor of	68943
state as to whether such individual is receiving wages or	68944
benefits, the amount of any wages or benefits being received, the	68945
social security number, and the address of the individual. The	68946
director of administrative services, administrator, boards, and	68947
any agent or employee of those officials and boards shall comply	68948
with the rules of the director of job and family services	68949
restricting the disclosure of information regarding recipients of	68950
public assistance. Any person who violates this provision shall	68951
thereafter be disqualified from acting as an agent or employee or	68952
in any other capacity under appointment or employment of any state	68953
board, commission, or agency.	68954

(C) The auditor of state may enter into a reciprocal	68955
agreement with the director of job and family services or	68956
comparable officer of any other state for the exchange of names,	68957
current or most recent addresses, or social security numbers of	68958
persons receiving public assistance under Title IV-A ~~or under~~	68959
~~Title XIX~~ of the "Social Security Act," 49 Stat. 620 (1935), 42	68960
U.S.C. 301, as amended.	68961

(D)~~(1)~~ The auditor of state shall retain, for not less than	68962
two years, at least one copy of all information received under	68963
this section and sections 145.27, 742.41, 3307.20, 3309.22,	68964
4123.27, 5101.182, and 5505.04 of the Revised Code. ~~The~~	68965

(E) On the request of the director of job and family	68966
services, the auditor of state may conduct an audit of an	68967
individual who receives medical assistance. If the auditor decides	68968
to conduct an audit, the auditor shall enter into an interagency	68969
agreement with the department of job and family services that	68970
specifies that the auditor agrees to comply with section 5101.271	68971
of the Revised Code with respect to any information the auditor	68972
receives pursuant to the audit.	68973

(F) The auditor shall review the information described in	68974
division (D) of this section to determine whether overpayments	68975
were made to recipients of public assistance under Chapters 5107.,	68976
5108., ~~5111.,~~ and 5115. of the Revised Code. The auditor of state	68977
shall initiate action leading to prosecution, where warranted, of	68978
recipients who received overpayments by forwarding the name of	68979
each recipient who received overpayment, together with other	68980
pertinent information, to the director of job and family services	68981
~~and~~, the attorney general, ~~to the district director of job and~~	68982
~~family services of the district through which public assistance~~	68983
~~was received,~~ and to the county director of job and family	68984
services and county prosecutor of the county through which public	68985
assistance was received.	68986

~~(2)~~(G) The auditor of state and the attorney general or their	68987
designees may examine any records, whether in computer or printed	68988
format, in the possession of the director of job and family	68989
services or any county director of job and family services. They	68990
shall provide safeguards which restrict access to such records to	68991
purposes directly connected with an audit or investigation,	68992
prosecution, or criminal or civil proceeding conducted in	68993
connection with the administration of the programs and shall	68994
comply with ~~the~~sections 5101.27 and 5101.271 of the Revised Code	68995
and adopts rules of the director of job and family services	68996
restricting the disclosure of information regarding recipients of	68997
public assistance or medical assistance. Any person who violates	68998
this provision shall thereafter be disqualified from acting as an	68999
agent or employee or in any other capacity under appointment or	69000
employment of any state board, commission, or agency.	69001

~~(3)~~(H) Costs incurred by the auditor of state in carrying out	69002
the auditor of state's duties under this ~~division~~section shall be	69003
borne by the auditor of state.	69004

Sec. 5101.182. As part of the procedure for the	69005
determination of overpayment to a recipient of public assistance	69006
~~under Chapter 5107., 5111., or 5115.~~pursuant to section 5101.181	69007
of the Revised Code, the director of job and family services ~~shall~~	69008
may semiannually, at times determined jointly by the auditor of	69009
state and the tax commissioner, furnish to the tax commissioner in	69010
computer format the name and social security number of each	69011
individual who receives public assistance. Within sixty days after	69012
receiving the name and social security number of a recipient of	69013
public assistance, the commissioner shall inform the auditor of	69014
state whether the individual filed an Ohio individual income tax	69015
return, separate or joint, as provided by section 5747.08 of the	69016
Revised Code, for either or both of the two taxable years	69017
preceding the year in which the director furnished the names and	69018
social security numbers to the commissioner. If the individual did	69019
so file, at the same time the commissioner shall also inform the	69020
auditor of state of the amount of the federal adjusted gross	69021
income as reported on such returns and of the addresses on such	69022
returns. The commissioner shall also advise the auditor of state	69023
whether such returns were filed on a joint basis, as provided in	69024
section 5747.08 of the Revised Code, in which case the federal	69025
adjusted gross income as reported may be that of the individual or	69026
the individual's spouse.	69027

If the auditor of state determines that further investigation	69028
is needed, the auditor of state may request the commissioner to	69029
determine whether the individual filed income tax returns for any	69030
previous taxable years in which the individual received public	69031
assistance and for which the tax department retains income tax	69032
returns. Within fourteen days of receipt of the request, the	69033
commissioner shall inform the auditor of state whether the	69034
individual filed an individual income tax return for the taxable	69035
years in question, of the amount of the federal adjusted gross	69036
income as reported on such returns, of the addresses on such	69037
returns, and whether the returns were filed on a joint or separate	69038
basis.	69039

If the auditor of state determines that further investigation	69040
is needed of a recipient of public assistance who filed an Ohio	69041
individual income tax return, the auditor of state may request a	69042
certified copy of the Ohio individual income tax return or returns	69043
of that person for the taxable years described above, together	69044
with any other documents the commissioner has concerning the	69045
return or returns. Within fourteen days of receipt of such a	69046
request in writing, the commissioner shall forward the returns and	69047
documents to the auditor of state.	69048

The director of job and family services, ~~district director of~~	69049
~~job and family services,~~ county director of job and family	69050
services, county prosecutor, attorney general, auditor of state,	69051
or any agent or employee of those officials having access to any	69052
information or documents furnished by the commissioner pursuant to	69053
this section shall not divulge or use any such information except	69054
for the purpose of determining overpayment of public assistance,	69055
or for an audit, investigation, or prosecution, or in accordance	69056
with a proper judicial order. Any person who violates this	69057
provision shall thereafter be disqualified from acting as an agent	69058
or employee or in any other capacity under appointment or	69059
employment of any state or county board, commission, or agency.	69060

Sec. 5101.183. (A) ~~The~~Except as provided in section 5111.12	69061
of the Revised Code, the director of job and family services, in	69062
accordance with section 111.15 of the Revised Code, may adopt	69063
rules under which county ~~departments of job and~~ family services or	69064
~~public children services~~ agencies shall take action to recover the	69065
cost of ~~social~~the following benefits and services:	69066

(1) Benefits or services provided to any of the following:

69067

~~(1)~~(a) Persons who were not eligible for ~~social~~the benefits	69068
or services but who secured ~~social~~the benefits or services	69069
through fraud or misrepresentation;	69070

~~(2)~~(b) Persons who were eligible for ~~social~~the benefits or	69071
services but who intentionally diverted the benefits or services	69072
to other persons who were not eligible for the benefits or	69073
services.	69074

(2) Any benefits or services provided by a county family	69075
services agency for which recovery is required or permitted by	69076
federal law for the federal programs administered by the agency.	69077

(B) A county ~~department of job and~~ family services ~~or public~~	69078
~~children services~~ agency may bring a civil action against a	69079
recipient of ~~social~~benefits or services to recover any costs	69080
described in division (A) of this section.	69081

(C) A county ~~department of job and~~ family services ~~or public~~	69082
~~children services~~ agency shall retain any money it recovers under	69083
division (A) of this section and shall use the money ~~for the~~	69084
~~provision of social~~to meet a family services duty, except that,	69085
if federal law requires the department of job and family services	69086
to return any portion of the money so recovered to the federal	69087
government, the county ~~department or~~family services agency shall	69088
pay that portion to the department of job and family services.	69089

Sec. 5101.244. (A) If the department of job and family	69090
services determines that a grant awarded to a county grantee in a	69091
grant agreement entered into under section 5101.21 of the Revised	69092
Code, an allocation, advance, or reimbursement the department	69093
makes to a county family services agency, or a cash draw a county	69094
family services agency makes exceeds the allowable amount for the	69095
grant, allocation, advance, reimbursement, or cash draw, the	69096
department may ~~adjust~~take one or more of the following actions to	69097
recover the excess amount:	69098

(1) The department may adjust, offset, withhold, or reduce an	69099
allocation, cash draw, advance, reimbursement, or other financial	69100
assistance to the county grantee or county family services agency	69101
as necessary to recover the excess amount ~~of the excess grant,~~	69102
~~allocation, advance, reimbursement, or cash draw~~.	69103

(2) The department may require the county grantee or county	69104
family services agency to enter into an agreement with the	69105
department for repayment of the excess amount. The department may	69106
require that the repayment include interest on the excess amount,	69107
calculated from the day that the excess occurred at a rate not	69108
exceeding the rate per annum prescribed by section 5703.47 of the	69109
Revised Code.	69110

(3) The department may certify a claim to the attorney	69111
general under section 131.02 of the Revised Code for the attorney	69112
general to take action under that section against the county	69113
grantee or county family services agency to recover the excess	69114
amount. ~~The~~	69115

(B) In taking an action authorized under this section, the	69116
department is not required to ~~make the adjustment, offset,~~	69117
~~withholding, or reduction~~take the action in accordance with	69118
section 5101.24 of the Revised Code.	69119

(C) The director of job and family services may adopt rules	69120
under section 111.15 of the Revised Code as necessary to implement	69121
this section. The director shall adopt the rules as if they were	69122
internal management rules.	69123

Sec. 5101.26. As used in this section and in sections	69124
5101.27 to 5101.30 of the Revised Code:	69125

(A) "County agency" means a county department of job and	69126
family services or a public children services agency.	69127

(B) "Fugitive felon" means an individual who is fleeing to	69128
avoid prosecution, or custody or confinement after conviction,	69129
under the laws of the place from which the individual is fleeing,	69130
for a crime or an attempt to commit a crime that is a felony under	69131
the laws of the place from which the individual is fleeing or, in	69132
the case of New Jersey, a high misdemeanor, regardless of whether	69133
the individual has departed from the individual's usual place of	69134
residence.	69135

(C) "Information" means records as defined in section 149.011	69136
of the Revised Code, any other documents in any format, and data	69137
derived from records and documents that are generated, acquired,	69138
or maintained by the department of job and family services, a	69139
county agency, or an entity performing duties on behalf of the	69140
department or a county agency.	69141

(D) "Law enforcement agency" means the state highway patrol,	69142
an agency that employs peace officers as defined in section 109.71	69143
of the Revised Code, the adult parole authority, a county	69144
department of probation, a prosecuting attorney, the attorney	69145
general, similar agencies of other states, federal law enforcement	69146
agencies, and postal inspectors. "Law enforcement agency" includes	69147
the peace officers and other law enforcement officers employed by	69148
the agency.	69149

(E) "Medical assistance ~~provided under a public assistance~~	69150
~~program~~" means medical assistance provided pursuant to, or under	69151
~~the~~ programs established ~~under sections~~by, section 5101.49,	69152
sections 5101.50~~, 5101.51, 5101.52, and 5101.5211 to 5101.5216~~to	69153
5101.529, Chapter 5111., or any other provision of the Revised	69154
Code.	69155

(F) "Medical assistance recipient" means an applicant for or	69156
recipient or former recipient of medical assistance.	69157

(G) "Public assistance" means financial assistance~~, medical~~	69158
~~assistance,~~ or social services that are not medical assistance	69159
provided under a program administered by the department of job and	69160
family services or a county agency pursuant to Chapter 329.,	69161
5101., 5104., 5107., 5108., ~~5111.,~~ or 5115. of the Revised Code or	69162
an executive order issued under section 107.17 of the Revised	69163
Code.	69164

~~(G)~~(H) "Public assistance recipient" means an applicant for	69165
or recipient or former recipient of public assistance.	69166

Sec. 5101.27. (A) Except as permitted by this section,	69167
section ~~5101.272~~5101.273, 5101.28, or 5101.29 of the Revised	69168
Code, or ~~the~~ rules adopted under ~~division (A) of~~ section 5101.30	69169
of the Revised Code, or when required by federal law, no person or	69170
government entity shall solicit, disclose, receive, use, or	69171
knowingly permit, or participate in the use of any information	69172
regarding a public assistance recipient for any purpose not	69173
directly connected with the administration of a public assistance	69174
program.	69175

(B) To the extent permitted by federal law, the department of	69176
job and family services and county agencies shall do all of the	69177
following:	69178

(1) Release information regarding a public assistance	69179
recipient for purposes directly connected to the administration of	69180
the program to a government entity responsible for administering	69181
that public assistance program;	69182

(2) Provide information regarding a public assistance	69183
recipient to a law enforcement agency for the purpose of any	69184
investigation, prosecution, or criminal or civil proceeding	69185
relating to the administration of that public assistance program;	69186

(3) Provide, for purposes directly connected to the	69187
administration of a program that assists needy individuals with	69188
the costs of public utility services, information regarding a	69189
recipient of financial assistance provided under a program	69190
administered by the department or a county agency pursuant to	69191
Chapter 5107. or 5108. of the Revised Code or sections 5115.01 to	69192
5115.07 of the Revised Code to an entity administering the public	69193
utility services program.	69194

(C) To the extent permitted by federal law and section	69195
1347.08 of the Revised Code, the department and county agencies	69196
shall provide access to information regarding a public assistance	69197
recipient to all of the following:	69198

(1) The recipient;

69199

(2) The authorized representative;

69200

(3) The legal guardian of the recipient;

69201

(4) The attorney of the recipient, if the attorney has	69202
written authorization that complies with section ~~5101.271~~5101.272	69203
of the Revised Code from the recipient.	69204

(D) To the extent permitted by federal law and subject to	69205
division (E) of this section, the department and county agencies	69206
may do both of the following:	69207

(1) Release information about a public assistance recipient	69208
if the recipient gives voluntary, written authorization that	69209
complies with section ~~5101.271~~5101.272 of the Revised Code;	69210

(2) Release information regarding a public assistance	69211
recipient to a state, federal, or federally assisted program that	69212
provides cash or in-kind assistance or services directly to	69213
individuals based on need or for the purpose of protecting	69214
children to a government entity responsible for administering a	69215
children's protective services program.	69216

(E) Except when the release is required by division (B), (C),	69217
or (D)(2) of this section, the department or county agency shall	69218
release the information only in accordance with the authorization.	69219
The department or county agency shall provide, at no cost, a copy	69220
of each written authorization to the individual who signed it.	69221

(F) ~~The department or county agency may release information~~	69222
~~under division (D) of this section concerning the receipt of~~	69223
~~medical assistance provided under a public assistance program only~~	69224
~~if all of the following conditions are met:~~	69225

~~(1) The release of information is for purposes directly~~	69226
~~connected to the administration of or provision of medical~~	69227
~~assistance provided under a public assistance program;~~	69228

~~(2) The information is released to persons or government~~	69229
~~entities that are subject to standards of confidentiality and~~	69230
~~safeguarding information substantially comparable to those~~	69231
~~established for medical assistance provided under a public~~	69232
~~assistance program;~~	69233

~~(3) The department or county agency has obtained an~~	69234
~~authorization consistent with section 5101.271 of the Revised~~	69235
~~Code.~~	69236

~~(G) Information concerning the receipt of medical assistance~~	69237
~~provided under a public assistance program may be released only if~~	69238
~~the release complies with this section and rules adopted by the~~	69239
~~department pursuant to section 5101.30 of the Revised Code or, if~~	69240
~~more restrictive, the Health Insurance Portability and~~	69241
~~Accountability Act of 1996, Pub. L. No. 104-191, 110 Stat. 1955,~~	69242
~~42 U.S.C. 1320d, et seq., as amended, and regulations adopted by~~	69243
~~the United States department of health and human services to~~	69244
~~implement the act.~~	69245

~~(H)~~ The department of job and family services may adopt rules	69246
defining "authorized representative" for purposes of division	69247
(C)(2) of this section.	69248

Sec. 5101.271. (A) Except as permitted by this section,	69249
section 5101.273, or rules adopted under section 5101.30 of the	69250
Revised Code, or when required by federal law, no person or	69251
government entity shall use or disclose information regarding a	69252
medical assistance recipient for any purpose not directly	69253
connected with the administration of the medical assistance	69254
program.	69255

(B) Both of the following shall be considered to be purposes	69256
directly connected with the administration of the medical	69257
assistance program:	69258

(1) Treatment, payment, or other operations or activities	69259
authorized by 42 C.F.R. Chapter IV;	69260

(2) Any administrative function or duty the department of job	69261
and family services performs alone or jointly with a federal	69262
government entity, another state government entity, or a local	69263
government entity implementing a provision of federal law.	69264

(C) The department or a county agency may disclose	69265
information regarding a medical assistance recipient to any of the	69266
following:	69267

(1) The recipient or the recipient's authorized	69268
representative;	69269

(2) The recipient's legal guardian in accordance with	69270
division (C) of section 2111.13 of the Revised Code;	69271

(3) The attorney of the recipient, if the department or	69272
county agency has obtained authorization from the recipient, the	69273
recipient's authorized representative, or the recipient's legal	69274
guardian that meets all requirements of the Health Insurance	69275
Portability and Accountability Act of 1996, Pub. L. 104-191, 110	69276
Stat. 1955, 42 U.S.C. 1320d et seq., as amended, regulations	69277
promulgated by the United States department of health and human	69278
services to implement the act, section 5101.272 of the Revised	69279
Code, and any rules the director of job and family services adopts	69280
under section 5101.30 of the Revised Code;	69281

(4) A health information or health records management entity	69282
that has executed with the department a business associate	69283
agreement required by 45 C.F.R 164.502(e)(2) and has been	69284
authorized by the recipient, the recipient's authorized	69285
representative, or the recipient's legal guardian to receive the	69286
recipient's electronic health records in accordance with rules the	69287
director of job and family services adopts under section 5101.30	69288
of the Revised Code;	69289

(5) A court if pursuant to a written order of the court.

69290

(D) The department may receive from county departments of job	69291
and family services information regarding any medical assistance	69292
recipient for purposes of training and verifying the accuracy of	69293
eligibility determinations for medical assistance. The department	69294
may assemble information received under this division into a	69295
report if the report is in a form specified by the department.	69296
Information received and assembled into a report under this	69297
division shall remain confidential and not besubject to	69298
disclosure pursuant to section 149.43 or 1347.08 of the Revised	69299
Code.	69300

(E) The department shall notify courts in this state	69301
regarding its authority, under division (C)(5) of this section, to	69302
disclose information regarding a medical assistance recipient	69303
pursuant to a written court order.	69304

~~Sec. 5101.271.~~ Sec. 5101.272. (A) For the purposes of ~~section~~	69305
sections 5101.27 and 5101.271 of the Revised Code, an	69306
authorization shall be made on a form that uses language	69307
understandable to the average person and contains all of the	69308
following:	69309

(1) A description of the information to be used or disclosed	69310
that identifies the information in a specific and meaningful	69311
fashion;	69312

(2) The name or other specific identification of the person	69313
or class of persons authorized to make the requested use or	69314
disclosure;	69315

(3) The name or other specific identification of the person	69316
or governmental entity to which the information may be released;	69317

(4) A description of each purpose of the requested use or	69318
disclosure of the information;	69319

(5) The date on which the authorization expires or an event	69320
related either to the individual who is the subject of the request	69321
or to the purposes of the requested use or disclosure, the	69322
occurrence of which will cause the authorization to expire;	69323

(6) A statement that the information used or disclosed	69324
pursuant to the authorization may be disclosed by the recipient of	69325
the information and may no longer be protected from disclosure;	69326

(7) The signature of the individual or the individual's	69327
authorized representative and the date on which the authorization	69328
was signed;	69329

(8) If signed by an authorized representative, a description	69330
of the representative's authority to act for the individual;	69331

(9) A statement of the individual or authorized	69332
representative's right to prospectively revoke the written	69333
authorization in writing, along with one of the following:	69334

(a) A description of how the individual or authorized	69335
representative may revoke the authorization;	69336

(b) If the department of job and family services' privacy	69337
notice contains a description of how the individual or authorized	69338
representative may revoke the authorization, a reference to that	69339
privacy notice.	69340

(10) A statement that treatment, payment, enrollment, or	69341
eligibility for public assistance or medical assistance cannot be	69342
conditioned on signing the authorization unless the authorization	69343
is necessary for determining eligibility for the public assistance	69344
or medical assistance program.	69345

(B) An authorization for the release of information regarding	69346
a medical assistance recipient to the recipient's attorney under	69347
division (C)(3) of section 5101.271 of the Revised Code may	69348
include a provision specifically authorizing the release of the	69349
recipient's electronic health records, if any, in accordance with	69350
rules the director of job and family services adopts under section	69351
5101.30 of the Revised Code.	69352

(C) When an individual requests information pursuant to	69353
section 5101.27 or 5101.271 of the Revised Code regarding the	69354
individual's receipt of public assistance or medical assistance	69355
and does not wish to provide a statement of purpose, the statement	69356
"at request of the individual" is a sufficient description for	69357
purposes of division (A)(4) of this section.	69358

~~Sec. 5101.272.~~ Sec. 5101.273. ~~Not later than August 31, 2007, the~~	69359
~~director of job and family services shall submit a report to the~~	69360
~~general assembly on the costs and potential three-year cost~~	69361
~~savings associated with participation in the~~	69362
~~federally-administered public assistance reporting information~~	69363
~~system. If cost savings are indicated in the report, not later~~	69364
~~than October 1, 2007, the~~The department of job and family	69365
services shall enter into any necessary agreements with the United	69366
States department of health and human services and neighboring	69367
states to join and participate as an active member in the public	69368
assistance reporting information system. The department may	69369
disclose information regarding a public assistance recipient or	69370
medical assistance recipient to the extent necessary to	69371
participate as an active member in the public assistance reporting	69372
information system.	69373

Sec. 5101.28. (A)(1) On request of the department of job and	69374
family services or a county agency, a law enforcement agency shall	69375
provide information regarding public assistance recipients to	69376
enable the department or county agency to determine, for	69377
eligibility purposes, whether a recipient or a member of a	69378
recipient's assistance group is a fugitive felon or violating a	69379
condition of probation, a community control sanction, parole, or a	69380
post-release control sanction imposed under state or federal law.	69381

(2) A county agency may enter into a written agreement with a	69382
local law enforcement agency establishing procedures concerning	69383
access to information and providing for compliance with division	69384
(F) of this section.	69385

(B) To the extent permitted by federal law, the department	69386
and county agencies shall provide information~~, except information~~	69387
~~directly related to the receipt of medical assistance or medical~~	69388
~~services,~~ regarding recipients of public assistance under a	69389
program administered by the state department or a county agency	69390
pursuant to Chapter 5107., 5108., or 5115. of the Revised Code to	69391
law enforcement agencies on request for the purposes of	69392
investigations, prosecutions, and criminal and civil proceedings	69393
that are within the scope of the law enforcement agencies'	69394
official duties.	69395

(C) Information about a public assistance recipient shall be	69396
exchanged, obtained, or shared only if the department, county	69397
agency, or law enforcement agency requesting the information gives	69398
sufficient information to specifically identify the recipient. In	69399
addition to the recipient's name, identifying information may	69400
include the recipient's current or last known address, social	69401
security number, other identifying number, age, gender, physical	69402
characteristics, any information specified in an agreement entered	69403
into under division (A) of this section, or any information	69404
considered appropriate by the department or agency.	69405

(D)(1) The department and its officers and employees are not	69406
liable in damages in a civil action for any injury, death, or loss	69407
to person or property that allegedly arises from the release of	69408
information in accordance with divisions (A), (B), and (C) of this	69409
section. This section does not affect any immunity or defense that	69410
the department and its officers and employees may be entitled to	69411
under another section of the Revised Code or the common law of	69412
this state, including section 9.86 of the Revised Code.	69413

(2) The county agencies and their employees are not liable in	69414
damages in a civil action for any injury, death, or loss to person	69415
or property that allegedly arises from the release of information	69416
in accordance with divisions (A), (B), and (C) of this section.	69417
"Employee" has the same meaning as in division (B) of section	69418
2744.01 of the Revised Code. This section does not affect any	69419
immunity or defense that the county agencies and their employees	69420
may be entitled to under another section of the Revised Code or	69421
the common law of this state, including section 2744.02 and	69422
division (A)(6) of section 2744.03 of the Revised Code.	69423

(E) To the extent permitted by federal law, the department	69424
and county agencies shall provide access to information to the	69425
auditor of state acting pursuant to Chapter 117. or sections	69426
5101.181 and 5101.182 of the Revised Code and to any other	69427
government entity authorized by federal law to conduct an audit	69428
of, or similar activity involving, a public assistance program.	69429

(F) The auditor of state shall prepare an annual report on	69430
the outcome of the agreements required under division (A) of this	69431
section. The report shall include the number of fugitive felons,	69432
probation and parole violators, and violators of community control	69433
sanctions and post-release control sanctions apprehended during	69434
the immediately preceding year as a result of the exchange of	69435
information pursuant to that division. The auditor of state shall	69436
file the report with the governor, the president and minority	69437
leader of the senate, and the speaker and minority leader of the	69438
house of representatives. The state department, county agencies,	69439
and law enforcement agencies shall cooperate with the auditor of	69440
state's office in gathering the information required under this	69441
division.	69442

(G) To the extent permitted by federal law, the department of	69443
job and family services, county departments of job and family	69444
services, and employees of the departments may report to a public	69445
children services agency or other appropriate agency information	69446
on known or suspected physical or mental injury, sexual abuse or	69447
exploitation, or negligent treatment or maltreatment, of a child	69448
receiving public assistance, if circumstances indicate that the	69449
child's health or welfare is threatened.	69450

(H) As used in this section:

69451

(1) "Community control sanction" has the same meaning as in	69452
section 2929.01 of the Revised Code.	69453

(2) "Post-release control sanction" has the same meaning as	69454
in section 2967.01 of the Revised Code.	69455

Sec. 5101.30. (A) The director of job and family services	69456
shall adopt rules in accordance with Chapter 119. of the Revised	69457
Code implementing sections 5101.26 to 5101.30 of the Revised Code	69458
and governing the custody, use, disclosure, and preservation of	69459
the information generated or received by the department of job and	69460
family services, county agencies, other state and county entities,	69461
contractors, grantees, private entities, or officials	69462
participating in the administration of public assistance or	69463
medical assistance programs. The rules shall comply with	69464
applicable federal statutes and regulations.~~The~~	69465

(1) The rules shall specify conditions and procedures for the	69466
release of information~~. The rules shall comply with applicable~~	69467
~~federal statutes and regulations. To the extent permitted by~~	69468
~~federal law~~which may include, among other conditions and	69469
procedures, both of the following:	69470

~~(1) The rules may permit~~(a) Permitting providers of services	69471
or assistance under public assistance programs limited access to	69472
information that is essential for the providers to render services	69473
or assistance or to bill for services or assistance rendered. The	69474
department of aging, when investigating a complaint under section	69475
173.20 of the Revised Code, shall be granted any limited access	69476
permitted in the rules pursuant to division (A)(1) of this	69477
section.	69478

~~(2) The rules may permit~~(b) Permitting a contractor,	69479
grantee, or other state or county entity limited access to	69480
information that is essential for the contractor, grantee, or	69481
entity to perform administrative or other duties on behalf of the	69482
department or county agency. A contractor, grantee, or entity	69483
given access to information pursuant to division (A)(2) of this	69484
section is bound by the director's rules, and disclosure of the	69485
information by the contractor, grantee, or entity in a manner not	69486
authorized by the rules is a violation of section 5101.27 of the	69487
Revised Code.	69488

(2) The rules may define who is an "authorized	69489
representative" for purposes of sections 5101.27, 5101.271, and	69490
5101.272 of the Revised Code.	69491

(B) Whenever names, addresses, or other information relating	69492
to public assistance recipients is held by any agency other than	69493
the department or a county agency, that other agency shall adopt	69494
rules consistent with sections 5101.26 to 5101.30 of the Revised	69495
Code to prevent the publication or disclosure of names, lists, or	69496
other information concerning those recipients.	69497

Sec. 5101.35. (A) As used in this section:

69498

(1) "Agency" means the following entities that administer a	69499
family services program:	69500

(a) The department of job and family services;

69501

(b) A county department of job and family services;

69502

69503

(d) A private or government entity administering, in whole or	69504
in part, a family services program for or on behalf of the	69505
department of job and family services or a county department of	69506
job and family services or public children services agency.	69507

(2) "Appellant" means an applicant, participant, former	69508
participant, recipient, or former recipient of a family services	69509
program who is entitled by federal or state law to a hearing	69510
regarding a decision or order of the agency that administers the	69511
program.	69512

(3) "Family services program" means assistance provided under	69513
a Title IV-A program as defined in section 5101.80 of the Revised	69514
Code or under Chapter 5104., 5111., or 5115. or section ~~173.35~~	69515
5119.69, 5101.141, 5101.46, 5101.461, 5101.54, 5153.163, or	69516
5153.165 of the Revised Code, other than assistance provided under	69517
section 5101.46 of the Revised Code by the department of mental	69518
health, the department of developmental disabilities, a board of	69519
alcohol, drug addiction, and mental health services, or a county	69520
board of developmental disabilities.	69521

(B) Except as provided by divisions (G) and (H) of this	69522
section, an appellant who appeals under federal or state law a	69523
decision or order of an agency administering a family services	69524
program shall, at the appellant's request, be granted a state	69525
hearing by the department of job and family services. This state	69526
hearing shall be conducted in accordance with rules adopted under	69527
this section. The state hearing shall be recorded, but neither the	69528
recording nor a transcript of the recording shall be part of the	69529
official record of the proceeding. A state hearing decision is	69530
binding upon the agency and department, unless it is reversed or	69531
modified on appeal to the director of job and family services or a	69532
court of common pleas.	69533

(C) Except as provided by division (G) of this section, an	69534
appellant who disagrees with a state hearing decision may make an	69535
administrative appeal to the director of job and family services	69536
in accordance with rules adopted under this section. This	69537
administrative appeal does not require a hearing, but the director	69538
or the director's designee shall review the state hearing decision	69539
and previous administrative action and may affirm, modify, remand,	69540
or reverse the state hearing decision. Any person designated to	69541
make an administrative appeal decision on behalf of the director	69542
shall have been admitted to the practice of law in this state. An	69543
administrative appeal decision is the final decision of the	69544
department and is binding upon the department and agency, unless	69545
it is reversed or modified on appeal to the court of common pleas.	69546

(D) An agency shall comply with a decision issued pursuant to	69547
division (B) or (C) of this section within the time limits	69548
established by rules adopted under this section. If a county	69549
department of job and family services or a public children	69550
services agency fails to comply within these time limits, the	69551
department may take action pursuant to section 5101.24 of the	69552
Revised Code. If another agency fails to comply within the time	69553
limits, the department may force compliance by withholding funds	69554
due the agency or imposing another sanction established by rules	69555
adopted under this section.	69556

(E) An appellant who disagrees with an administrative appeal	69557
decision of the director of job and family services or the	69558
director's designee issued under division (C) of this section may	69559
appeal from the decision to the court of common pleas pursuant to	69560
section 119.12 of the Revised Code. The appeal shall be governed	69561
by section 119.12 of the Revised Code except that:	69562

(1) The person may appeal to the court of common pleas of the	69563
county in which the person resides, or to the court of common	69564
pleas of Franklin county if the person does not reside in this	69565
state.	69566

(2) The person may apply to the court for designation as an	69567
indigent and, if the court grants this application, the appellant	69568
shall not be required to furnish the costs of the appeal.	69569

(3) The appellant shall mail the notice of appeal to the	69570
department of job and family services and file notice of appeal	69571
with the court within thirty days after the department mails the	69572
administrative appeal decision to the appellant. For good cause	69573
shown, the court may extend the time for mailing and filing notice	69574
of appeal, but such time shall not exceed six months from the date	69575
the department mails the administrative appeal decision. Filing	69576
notice of appeal with the court shall be the only act necessary to	69577
vest jurisdiction in the court.	69578

(4) The department shall be required to file a transcript of	69579
the testimony of the state hearing with the court only if the	69580
court orders the department to file the transcript. The court	69581
shall make such an order only if it finds that the department and	69582
the appellant are unable to stipulate to the facts of the case and	69583
that the transcript is essential to a determination of the appeal.	69584
The department shall file the transcript not later than thirty	69585
days after the day such an order is issued.	69586

(F) The department of job and family services shall adopt	69587
rules in accordance with Chapter 119. of the Revised Code to	69588
implement this section, including rules governing the following:	69589

(1) State hearings under division (B) of this section. The	69590
rules shall include provisions regarding notice of eligibility	69591
termination and the opportunity of an appellant appealing a	69592
decision or order of a county department of job and family	69593
services to request a county conference with the county department	69594
before the state hearing is held.	69595

(2) Administrative appeals under division (C) of this	69596
section;	69597

(3) Time limits for complying with a decision issued under	69598
division (B) or (C) of this section;	69599

(4) Sanctions that may be applied against an agency under	69600
division (D) of this section.	69601

(G) The department of job and family services may adopt rules	69602
in accordance with Chapter 119. of the Revised Code establishing	69603
an appeals process for an appellant who appeals a decision or	69604
order regarding a Title IV-A program identified under division	69605
(A)(4)(c), (d), (e), or (f) of section 5101.80 of the Revised Code	69606
that is different from the appeals process established by this	69607
section. The different appeals process may include having a state	69608
agency that administers the Title IV-A program pursuant to an	69609
interagency agreement entered into under section 5101.801 of the	69610
Revised Code administer the appeals process.	69611

(H) If an appellant receiving medicaid through a health	69612
insuring corporation that holds a certificate of authority under	69613
Chapter 1751. of the Revised Code is appealing a denial of	69614
medicaid services based on lack of medical necessity or other	69615
clinical issues regarding coverage by the health insuring	69616
corporation, the person hearing the appeal may order an	69617
independent medical review if that person determines that a review	69618
is necessary. The review shall be performed by a health care	69619
professional with appropriate clinical expertise in treating the	69620
recipient's condition or disease. The department shall pay the	69621
costs associated with the review.	69622

A review ordered under this division shall be part of the	69623
record of the hearing and shall be given appropriate evidentiary	69624
consideration by the person hearing the appeal.	69625

(I) The requirements of Chapter 119. of the Revised Code	69626
apply to a state hearing or administrative appeal under this	69627
section only to the extent, if any, specifically provided by rules	69628
adopted under this section.	69629

Sec. 5101.37. (A) The department of job and family services	69630
and each county department of job and family services and child	69631
support enforcement agency may ~~make~~conduct any audits or	69632
investigations that are necessary in the performance of their	69633
duties, and to that end they shall have the same power as a judge	69634
of a county court to administer oaths and to enforce the	69635
attendance and testimony of witnesses and the production of books	69636
or papers.	69637

The department and each county department and agency shall	69638
keep a record of their audits and investigations stating the time,	69639
place, charges, or subject,; witnesses summoned and examined,; and	69640
their conclusions.	69641

Witnesses shall be paid the fees and mileage provided for	69642
under section 119.094 of the Revised Code.	69643

(B) In conducting hearings pursuant to Chapters 3119., 3121.,	69644
and 3123. or pursuant to division (B) of section 5101.35 of the	69645
Revised Code, the department and each child support enforcement	69646
agency have the same power as a judge of a county court to	69647
administer oaths and to enforce the attendance and testimony of	69648
witnesses and the production of books or papers. The department	69649
and each agency shall keep a record of those hearings stating the	69650
time, place, charges, or subject,; witnesses summoned and	69651
examined,; and their conclusions.	69652

The issuance of a subpoena by the department or a child	69653
support enforcement agency to enforce attendance and testimony of	69654
witnesses and the production of books or papers at a hearing is	69655
discretionary and the department or agency is not required to pay	69656
the fees of witnesses for attendance and travel.	69657

(C) Any judge of any division of the court of common pleas,	69658
upon application of the department or a county department or child	69659
support enforcement agency, may compel the attendance of	69660
witnesses, the production of books or papers, and the giving of	69661
testimony before the department, county department, or agency, by	69662
a judgment for contempt or otherwise, in the same manner as in	69663
cases before those courts.	69664

(D) Until an audit report is formally released by the	69665
department of job and family services, the audit report or any	69666
working paper or other document or record prepared by the	69667
department and related to the audit that is the subject of the	69668
audit report is not a public record under section 149.43 of the	69669
Revised Code.	69670

(E) The director of job and family services may adopt rules	69671
as necessary to implement this section. The rules shall be adopted	69672
in accordance with section 111.15 of the Revised Code as if they	69673
were internal management rules.	69674

Sec. 5101.46. (A) As used in this section:

69675

(1) "Title XX" means Title XX of the "Social Security Act,"	69676
88 Stat. 2337 (1974), 42 U.S.C.A. 1397, as amended.	69677

(2) "Respective local agency" means, with respect to the	69678
department of job and family services, a county department of job	69679
and family services; with respect to the department of mental	69680
health, a board of alcohol, drug addiction, and mental health	69681
services; and with respect to the department of developmental	69682
disabilities, a county board of developmental disabilities.	69683

(3) "Federal poverty guidelines" means the poverty guidelines	69684
as revised annually by the United States department of health and	69685
human services in accordance with section 673(2) of the "Omnibus	69686
Budget Reconciliation Act of 1981," 95 Stat. 511, 42 U.S.C.A.	69687
9902, as amended, for a family size equal to the size of the	69688
family of the person whose income is being determined.	69689

(B) The departments of job and family services, mental	69690
health, and developmental disabilities, with their respective	69691
local agencies, shall administer the provision of social services	69692
funded through grants made under Title XX. The social services	69693
furnished with Title XX funds shall be directed at the following	69694
goals:	69695

(1) Achieving or maintaining economic self-support to	69696
prevent, reduce, or eliminate dependency;	69697

(2) Achieving or maintaining self-sufficiency, including	69698
reduction or prevention of dependency;	69699

(3) Preventing or remedying neglect, abuse, or exploitation	69700
of children and adults unable to protect their own interests, or	69701
preserving, rehabilitating, or reuniting families;	69702

(4) Preventing or reducing inappropriate institutional care	69703
by providing for community-based care, home-based care, or other	69704
forms of less intensive care;	69705

(5) Securing referral or admission for institutional care	69706
when other forms of care are not appropriate, or providing	69707
services to individuals in institutions.	69708

(C)(1) All federal funds received under Title XX shall be	69709
appropriated as follows:	69710

(a) Seventy-two and one-half per cent to the department of	69711
job and family services;	69712

(b) Twelve and ninety-three one-hundreths per cent to the	69713
department of mental health;	69714

(c) Fourteen and fifty-seven one-hundreths per cent to the	69715
department of developmental disabilities.	69716

(2) Each of the state ~~department~~departments shall, subject	69717
to the approval of the controlling board, develop ~~formulas~~a	69718
formula for the distribution of ~~their~~the Title XX ~~appropriations~~	69719
funds appropriated to the department to ~~their~~its respective local	69720
agencies. The ~~formulas~~formula developed by each state department	69721
shall take into account all of the following for each of its	69722
respective local agencies:	69723

(a) The total population of the area that is served by the	69724
respective local agency~~, the~~;	69725

(b) The percentage of the population in the area served that	69726
falls below the federal poverty guidelines~~, and the~~;	69727

(c) The respective local agency's history of and ability to	69728
utilize Title XX funds.	69729

(3) Each of the state departments shall expend nofor state	69730
administrative costs not more than three per cent of ~~its~~the Title	69731
XX ~~appropriation for state administrative costs~~funds appropriated	69732
to the department. ~~Each of the department's respective local~~	69733
~~agencies shall expend no more than fourteen per cent of its Title~~	69734
~~XX appropriation~~	69735

Each state department shall establish for each of its	69736
respective local agencies the maximum percentage of the Title XX	69737
funds distributed to the respective local agency that the	69738
respective local agency may expend for local administrative costs.	69739
The percentage shall be established by rule and shall comply with	69740
federal law governing the use of Title XX funds. The rules shall	69741
be adopted in accordance with section 111.15 of the Revised Code	69742
as if they were internal management rules.	69743

(4) The department of job and family services shall expend no	69744
for the training of the following not more than two per cent of	69745
~~its~~the Title XX ~~appropriation for the training of the following~~	69746
funds appropriated to the department:	69747

(a) Employees of county departments of job and family	69748
services;	69749

(b) Providers of services under contract with the state	69750
departments' respective local agencies;	69751

(c) Employees of a public children services agency directly	69752
engaged in providing Title XX services.	69753

(D) The department of job and family services shall prepare a	69754
biennial comprehensive Title XX social services plan on the	69755
intended use of Title XX funds. The department shall develop a	69756
method for obtaining public comment during the development of the	69757
plan and following its completion.	69758

For each state fiscal year, the department of job and family	69759
services shall prepare a report on the actual use of Title XX	69760
funds. The department shall make the annual report available for	69761
public inspection.	69762

The departments of mental health and developmental	69763
disabilities shall prepare and submit to the department of job and	69764
family services the portions of each biennial plan and annual	69765
report that apply to services for mental health and mental	69766
retardation and developmental disabilities. Each respective local	69767
agency of the three state departments shall submit information as	69768
necessary for the preparation of biennial plans and annual	69769
reports.	69770

(E) Each county department shall adopt a county profile for	69771
the administration and provision of Title XX social services in	69772
the county. In developing its county profile, the county	69773
department shall take into consideration the comments and	69774
recommendations received from the public by the county family	69775
services planning committee pursuant to section 329.06 of the	69776
Revised Code. As part of its preparation of the county profile,	69777
the county department may prepare a local needs report analyzing	69778
the need for Title XX social services.	69779

The county department shall submit the county profile to the	69780
board of county commissioners for its review. Once the county	69781
profile has been approved by the board, the county department	69782
shall file a copy of the county profile with the department of job	69783
and family services. The department shall approve the county	69784
profile if the department determines the profile provides for the	69785
Title XX social services to meet the goals specified in division	69786
(B) of this section.	69787

(F) Any of the three state departments and their respective	69788
local agencies may require that an entity under contract to	69789
provide social services with Title XX funds submit to an audit on	69790
the basis of alleged misuse or improper accounting of funds. If an	69791
audit is required, the social services provider shall reimburse	69792
the state department or respective local agency for the cost it	69793
incurred in conducting the audit or having the audit conducted.	69794

If an audit demonstrates that a social services provider is	69795
responsible for one or more adverse findings, the provider shall	69796
reimburse the appropriate state department or its respective local	69797
agency the amount of the adverse findings. The amount shall not be	69798
reimbursed with Title XX funds received under this section. The	69799
three state departments and their respective local agencies may	69800
terminate or refuse to enter into a Title XX contract with a	69801
social services provider if there are adverse findings in an audit	69802
that are the responsibility of the provider.	69803

(G) ~~The~~Except with respect to the matters for which each of	69804
the state departments must adopt rules under division (C)(3) of	69805
this section, the department of job and family services may adopt	69806
any rules it considers necessary to implement and carry out the	69807
purposes of this section. Rules governing financial and	69808
operational matters of the department or matters between the	69809
department and county departments of job and family services shall	69810
be adopted as internal management rules in accordance with section	69811
111.15 of the Revised Code. Rules governing eligibility for	69812
services, program participation, and other matters pertaining to	69813
applicants and participants shall be adopted in accordance with	69814
Chapter 119. of the Revised Code.	69815

Sec. 5101.47. (A) Except as provided in ~~division~~divisions	69816
(B) and (C) of this section, the ~~director~~department of job and	69817
family services may accept applications, determine eligibility,	69818
redetermine eligibility, and perform related administrative	69819
activities for one or more of the following:	69820

(1) The medicaid program established by Chapter 5111. of the	69821
Revised Code;	69822

(2) The children's health insurance program parts I, II, and	69823
III provided for under sections 5101.50~~, 5101.51, and 5101.52~~to	69824
5101.529 of the Revised Code;	69825

(3) Publicly funded child care provided under Chapter 5104.	69826
of the Revised Code;	69827

(4) The supplemental nutrition assistance program	69828
administered by the department ~~of job and family services~~ pursuant	69829
to section 5101.54 of the Revised Code;	69830

(5) Other programs the director of job and family services	69831
determines are supportive of children, adults, or families;	69832

(6) Other programs regarding which the director determines	69833
administrative cost savings and efficiency may be achieved through	69834
the department accepting applications, determining eligibility,	69835
redetermining eligibility, or performing related administrative	69836
activities.	69837

(B) To the extent permitted by federal law, the department	69838
may enter into agreements with one or more other state agencies,	69839
local government entities, or political subdivisions to accept	69840
applications, determine eligibility, redetermine eligibility, and	69841
perform related administrative activities on behalf of the	69842
department with respect to the medicaid program and the children's	69843
health insurance program.	69844

(C) If federal law requires a face-to-face interview to	69845
complete an eligibility determination for a program specified in	69846
or pursuant to division (A) of this section, the face-to-face	69847
interview shall not be conducted by the department of job and	69848
family services.	69849

~~(C)~~(D) Subject to division ~~(B)~~(C) of this section, if the	69850
~~director~~department elects to accept applications, determine	69851
eligibility, redetermine eligibility, and perform related	69852
administrative activities for a program specified in or pursuant	69853
to division (A) of this section, both of the following apply:	69854

(1) An individual seeking services under the program may	69855
apply for the program to the ~~director~~department or to the entity	69856
that state law governing the program authorizes to accept	69857
applications for the program.	69858

(2) The ~~director~~department is subject to federal statutes	69859
and regulations and state statutes and rules that require, permit,	69860
or prohibit an action regarding accepting applications,	69861
determining or redetermining eligibility, and performing related	69862
administrative activities for the program.	69863

~~(D)~~(E) The director may adopt rules as necessary to implement	69864
this section.	69865

Sec. 5101.571. As used in sections 5101.571 to 5101.591 of	69866
the Revised Code:	69867

(A) "Information" means all of the following:

69868

(1) An individual's name, address, date of birth, and social	69869
security number;	69870

(2) The group or plan number, or other identifier, assigned	69871
by a third party to a policy held by an individual or a plan in	69872
which the individual participates and the nature of the coverage;	69873

(3) Any other data the director of job and family services	69874
specifies in rules adopted under section 5101.591 of the Revised	69875
Code.	69876

(B) "Medical assistance" means medical items or services	69877
provided under any of the following:	69878

(1) Medicaid, as defined in section 5111.01 of the Revised	69879
Code;	69880

(2) The children's health insurance program part I, part II,	69881
and part III established under sections 5101.50, 5101.51, and	69882
5101.52 of the Revised Code;	69883

~~(3) The children's buy-in program established under sections~~	69884
~~5101.5211 to 5101.5216 of the Revised Code~~.	69885

(C) "Medical support" means support specified as support for	69886
the purpose of medical care by order of a court or administrative	69887
agency.	69888

(D) "Public assistance" means medical assistance or	69889
assistance under the Ohio works first program established under	69890
Chapter 5107. of the Revised Code.	69891

(E)(1) Subject to division (E)(2) of this section, and except	69892
as provided in division (E)(3) of this section, "third party"	69893
means all of the following:	69894

(a) A person authorized to engage in the business of sickness	69895
and accident insurance under Title XXXIX of the Revised Code;	69896

(b) A person or governmental entity providing coverage for	69897
medical services or items to individuals on a self-insurance	69898
basis;	69899

(c) A health insuring corporation as defined in section	69900
1751.01 of the Revised Code;	69901

(d) A group health plan as defined in 29 U.S.C. 1167;

69902

(e) A service benefit plan as referenced in 42 U.S.C.	69903
1396a(a)(25);	69904

(f) A managed care organization;

69905

(g) A pharmacy benefit manager;

69906

(h) A third party administrator;

69907

(i) Any other person or governmental entity that is, by law,	69908
contract, or agreement, responsible for the payment or processing	69909
of a claim for a medical item or service for a public assistance	69910
recipient or participant.	69911

(2) Except when otherwise provided by 42 U.S.C. 1395y(b), a	69912
person or governmental entity listed in division (E)(1) of this	69913
section is a third party even if the person or governmental entity	69914
limits or excludes payments for a medical item or service in the	69915
case of a public assistance recipient.	69916

(3) "Third party" does not include the program for medically	69917
handicapped children established under section 3701.023 of the	69918
Revised Code.	69919

Sec. 5101.573. (A) Subject to divisions (B) and (C) of this	69920
section, a third party shall do all of the following:	69921

(1) Accept the department of job and family services' right	69922
of recovery under section 5101.58 of the Revised Code and the	69923
assignment of rights to the department that are described in	69924
section 5101.59 of the Revised Code;	69925

(2) Respond to an inquiry by the department regarding a claim	69926
for payment of a medical item or service that was submitted to the	69927
third party not later than ~~three~~six years after the date of the	69928
provision of such medical item or service;	69929

(3) Not charge a fee to do either of the following for a	69930
claim described in division (A)(2) of this section:	69931

(a) Determine whether the claim should be paid;

69932

(b) Process the claim.

69933

(4) Pay a claim described in division (A)(2) of this section;

69934

~~(4)~~(5) Not deny a claim submitted by the department solely on	69935
the basis of the date of submission of the claim, type or format	69936
of the claim form, or a failure by the medical assistance	69937
recipient who is the subject of the claim to present proper	69938
documentation of coverage at the time of service, if both of the	69939
following are true:	69940

(a) The claim was submitted by the department not later than	69941
~~three~~six years after the date of the provision of the medical	69942
item or service.	69943

(b) An action by the department to enforce its right of	69944
recovery under section 5101.58 of the Revised Code on the claim	69945
was commenced not later than six years after the department's	69946
submission of the claim.	69947

~~(5)~~(6) Consider the department's payment of a claim for a	69948
medical item or service to be the equivalent of the medical	69949
assistance recipient having obtained prior authorization for the	69950
item or service from the third party;	69951

~~(6)~~(7) Not deny a claim described in division (A)~~(5)~~(6) of	69952
this section that is submitted by the department solely on the	69953
basis of the medical assistance recipient's failure to obtain	69954
prior authorization for the medical item or service.	69955

(B) For purposes of the requirements in division (A) of this	69956
section, a third party shall treat a managed care organization as	69957
the department for a claim in which both of the following are	69958
true:	69959

(1) The individual who is the subject of the claim received a	69960
medical item or service through a managed care organization that	69961
has entered into a contract with the department of job and family	69962
services under section 5111.17 of the Revised Code;	69963

(2) The department has assigned its right of recovery for the	69964
claim to the managed care organization.	69965

(C) The time limitations associated with the requirements in	69966
divisions (A)(2) and ~~(A)(4)~~(5) of this section apply only to	69967
submissions of claims to, and payments of claims by, a health	69968
insurer to which 42 U.S.C. 1396a(a)(25)(I) applies.	69969

Sec. 5101.58. (A) The acceptance of public assistance gives	69970
an automatic right of recovery to the department of job and family	69971
services and a county department of job and family services	69972
against the liability of a third party for the cost of medical	69973
assistance paid on behalf of the public assistance recipient or	69974
participant. When an action or claim is brought against a third	69975
party by a public assistance recipient or participant, any	69976
payment, settlement or compromise of the action or claim, or any	69977
court award or judgment, is subject to the recovery right of the	69978
department of job and family services or county department of job	69979
and family services. Except in the case of a recipient or	69980
participant who receives medical assistance through a managed care	69981
organization, the department's or county department's claim shall	69982
not exceed the amount of medical assistance paid by a department	69983
on behalf of the recipient or participant. A payment, settlement,	69984
compromise, judgment, or award that excludes the cost of medical	69985
assistance paid for by a department shall not preclude a	69986
department from enforcing its rights under this section.	69987

(B) In the case of a recipient or participant who receives	69988
medical assistance through a managed care organization, the amount	69989
of the department's or county department's claim shall be the	69990
amount the managed care organization pays for medical assistance	69991
rendered to the recipient or participant, even if that amount is	69992
more than the amount a department pays to the managed care	69993
organization for the recipient's or participant's medical	69994
assistance.	69995

(C) A recipient or participant, and the recipient's or	69996
participant's attorney, if any, shall cooperate with the	69997
departments. In furtherance of this requirement, the recipient or	69998
participant, or the recipient's or participant's attorney, if any,	69999
shall, not later than thirty days after initiating informal	70000
recovery activity or filing a legal recovery action against a	70001
third party, provide written notice of the activity or action to	70002
the department of job and family services when medical assistance	70003
under medicaid ~~or the children's buy-in program~~ has been paid.	70004

(D) The written notice that must be given under division (C)	70005
of this section shall disclose the identity and address of any	70006
third party against whom the recipient or participant has or may	70007
have a right of recovery.	70008

(E) No settlement, compromise, judgment, or award or any	70009
recovery in any action or claim by a recipient or participant	70010
where the departments have a right of recovery shall be made final	70011
without first giving the appropriate departments written notice as	70012
described in division (C) of this section and a reasonable	70013
opportunity to perfect their rights of recovery. If the	70014
departments are not given the appropriate written notice, the	70015
recipient or participant and, if there is one, the recipient's or	70016
participant's attorney, are liable to reimburse the departments	70017
for the recovery received to the extent of medical payments made	70018
by the departments.	70019

(F) The departments shall be permitted to enforce their	70020
recovery rights against the third party even though they accepted	70021
prior payments in discharge of their rights under this section if,	70022
at the time the departments received such payments, they were not	70023
aware that additional medical expenses had been incurred but had	70024
not yet been paid by the departments. The third party becomes	70025
liable to the department of job and family services or county	70026
department of job and family services as soon as the third party	70027
is notified in writing of the valid claims for recovery under this	70028
section.	70029

(G)(1) Subject to division (G)(2) of this section, the right	70030
of recovery of a department does not apply to that portion of any	70031
judgment, award, settlement, or compromise of a claim, to the	70032
extent of attorneys' fees, costs, or other expenses incurred by a	70033
recipient or participant in securing the judgment, award,	70034
settlement, or compromise, or to the extent of medical, surgical,	70035
and hospital expenses paid by such recipient or participant from	70036
the recipient's or participant's own resources.	70037

(2) Reasonable attorneys' fees, not to exceed one-third of	70038
the total judgment, award, settlement, or compromise, plus costs	70039
and other expenses incurred by the recipient or participant in	70040
securing the judgment, award, settlement, or compromise, shall	70041
first be deducted from the total judgment, award, settlement, or	70042
compromise. After fees, costs, and other expenses are deducted	70043
from the total judgment, award, settlement, or compromise, the	70044
department of job and family services or appropriate county	70045
department of job and family services shall receive no less than	70046
one-half of the remaining amount, or the actual amount of medical	70047
assistance paid, whichever is less.	70048

(H) A right of recovery created by this section may be	70049
enforced separately or jointly by the department of job and family	70050
services or the appropriate county department of job and family	70051
services. To enforce their recovery rights, the departments may do	70052
any of the following:	70053

(1) Intervene or join in any action or proceeding brought by	70054
the recipient or participant or on the recipient's or	70055
participant's behalf against any third party who may be liable for	70056
the cost of medical assistance paid;	70057

(2) Institute and pursue legal proceedings against any third	70058
party who may be liable for the cost of medical assistance paid;	70059

(3) Initiate legal proceedings in conjunction with any	70060
injured, diseased, or disabled recipient or participant or the	70061
recipient's or participant's attorney or representative.	70062

(I) A recipient or participant shall not assess attorney	70063
fees, costs, or other expenses against the department of job and	70064
family services or a county department of job and family services	70065
when the department or county department enforces its right of	70066
recovery created by this section.	70067

(J) The right of recovery given to the department under this	70068
section does not include rights to support from any other person	70069
assigned to the state under sections 5107.20 and 5115.07 of the	70070
Revised Code, but includes payments made by a third party under	70071
contract with a person having a duty to support.	70072

Sec. 5101.60. As used in sections 5101.60 to 5101.71 of the	70073
Revised Code:	70074

(A) "Abuse" means the infliction upon an adult by self or	70075
others of injury, unreasonable confinement, intimidation, or cruel	70076
punishment with resulting physical harm, pain, or mental anguish.	70077

(B) "Adult" means any person sixty years of age or older	70078
within this state who is handicapped by the infirmities of aging	70079
or who has a physical or mental impairment which prevents the	70080
person from providing for the person's own care or protection, and	70081
who resides in an independent living arrangement. An "independent	70082
living arrangement" is a domicile of a person's own choosing,	70083
including, but not limited to, a private home, apartment, trailer,	70084
or rooming house. An "independent living arrangement" includes an	70085
adult care facility licensed pursuant to Chapter ~~3722.~~5119. of	70086
the Revised Code, but does not include other institutions or	70087
facilities licensed by the state or facilities in which a person	70088
resides as a result of voluntary, civil, or criminal commitment.	70089

(C) "Caretaker" means the person assuming the responsibility	70090
for the care of an adult on a voluntary basis, by contract,	70091
through receipt of payment for care, as a result of a family	70092
relationship, or by order of a court of competent jurisdiction.	70093

(D) "Court" means the probate court in the county where an	70094
adult resides.	70095

(E) "Emergency" means that the adult is living in conditions	70096
which present a substantial risk of immediate and irreparable	70097
physical harm or death to self or any other person.	70098

(F) "Emergency services" means protective services furnished	70099
to an adult in an emergency.	70100

(G) "Exploitation" means the unlawful or improper act of a	70101
caretaker using an adult or an adult's resources for monetary or	70102
personal benefit, profit, or gain.	70103

(H) "In need of protective services" means an adult known or	70104
suspected to be suffering from abuse, neglect, or exploitation to	70105
an extent that either life is endangered or physical harm, mental	70106
anguish, or mental illness results or is likely to result.	70107

(I) "Incapacitated person" means a person who is impaired for	70108
any reason to the extent that the person lacks sufficient	70109
understanding or capacity to make and carry out reasonable	70110
decisions concerning the person's self or resources, with or	70111
without the assistance of a caretaker. Refusal to consent to the	70112
provision of services shall not be the sole determinative that the	70113
person is incapacitated. "Reasonable decisions" are decisions made	70114
in daily living which facilitate the provision of food, shelter,	70115
clothing, and health care necessary for life support.	70116

(J) "Mental illness" means a substantial disorder of thought,	70117
mood, perception, orientation, or memory that grossly impairs	70118
judgment, behavior, capacity to recognize reality, or ability to	70119
meet the ordinary demands of life.	70120

(K) "Neglect" means the failure of an adult to provide for	70121
self the goods or services necessary to avoid physical harm,	70122
mental anguish, or mental illness or the failure of a caretaker to	70123
provide such goods or services.	70124

(L) "Peace officer" means a peace officer as defined in	70125
section 2935.01 of the Revised Code.	70126

(M) "Physical harm" means bodily pain, injury, impairment, or	70127
disease suffered by an adult.	70128

(N) "Protective services" means services provided by the	70129
county department of job and family services or its designated	70130
agency to an adult who has been determined by evaluation to	70131
require such services for the prevention, correction, or	70132
discontinuance of an act of as well as conditions resulting from	70133
abuse, neglect, or exploitation. Protective services may include,	70134
but are not limited to, case work services, medical care, mental	70135
health services, legal services, fiscal management, home health	70136
care, homemaker services, housing-related services, guardianship	70137
services, and placement services as well as the provision of such	70138
commodities as food, clothing, and shelter.	70139

(O) "Working day" means Monday, Tuesday, Wednesday, Thursday,	70140
and Friday, except when such day is a holiday as defined in	70141
section 1.14 of the Revised Code.	70142

Sec. 5101.61. (A) As used in this section:

70143

(1) "Senior service provider" means any person who provides	70144
care or services to a person who is an adult as defined in	70145
division (B) of section 5101.60 of the Revised Code.	70146

(2) "Ambulatory health facility" means a nonprofit, public or	70147
proprietary freestanding organization or a unit of such an agency	70148
or organization that:	70149

(a) Provides preventive, diagnostic, therapeutic,	70150
rehabilitative, or palliative items or services furnished to an	70151
outpatient or ambulatory patient, by or under the direction of a	70152
physician or dentist in a facility which is not a part of a	70153
hospital, but which is organized and operated to provide medical	70154
care to outpatients;	70155

(b) Has health and medical care policies which are developed	70156
with the advice of, and with the provision of review of such	70157
policies, an advisory committee of professional personnel,	70158
including one or more physicians, one or more dentists, if dental	70159
care is provided, and one or more registered nurses;	70160

(c) Has a medical director, a dental director, if dental care	70161
is provided, and a nursing director responsible for the execution	70162
of such policies, and has physicians, dentists, nursing, and	70163
ancillary staff appropriate to the scope of services provided;	70164

(d) Requires that the health care and medical care of every	70165
patient be under the supervision of a physician, provides for	70166
medical care in a case of emergency, has in effect a written	70167
agreement with one or more hospitals and other centers or clinics,	70168
and has an established patient referral system to other resources,	70169
and a utilization review plan and program;	70170

(e) Maintains clinical records on all patients;

70171

(f) Provides nursing services and other therapeutic services	70172
in accordance with programs and policies, with such services	70173
supervised by a registered professional nurse, and has a	70174
registered professional nurse on duty at all times of clinical	70175
operations;	70176

(g) Provides approved methods and procedures for the	70177
dispensing and administration of drugs and biologicals;	70178

(h) Has established an accounting and record keeping system	70179
to determine reasonable and allowable costs;	70180

(i) "Ambulatory health facilities" also includes an	70181
alcoholism treatment facility approved by the joint commission on	70182
accreditation of healthcare organizations as an alcoholism	70183
treatment facility or certified by the department of alcohol and	70184
drug addiction services, and such facility shall comply with other	70185
provisions of this division not inconsistent with such	70186
accreditation or certification.	70187

(3) "Community mental health facility" means a facility which	70188
provides community mental health services and is included in the	70189
comprehensive mental health plan for the alcohol, drug addiction,	70190
and mental health service district in which it is located.	70191

(4) "Community mental health service" means services, other	70192
than inpatient services, provided by a community mental health	70193
facility.	70194

(5) "Home health agency" means an institution or a distinct	70195
part of an institution operated in this state which:	70196

(a) Is primarily engaged in providing home health services;

70197

(b) Has home health policies which are established by a group	70198
of professional personnel, including one or more duly licensed	70199
doctors of medicine or osteopathy and one or more registered	70200
professional nurses, to govern the home health services it	70201
provides and which includes a requirement that every patient must	70202
be under the care of a duly licensed doctor of medicine or	70203
osteopathy;	70204

(c) Is under the supervision of a duly licensed doctor of	70205
medicine or doctor of osteopathy or a registered professional	70206
nurse who is responsible for the execution of such home health	70207
policies;	70208

(d) Maintains comprehensive records on all patients;

70209

(e) Is operated by the state, a political subdivision, or an	70210
agency of either, or is operated not for profit in this state and	70211
is licensed or registered, if required, pursuant to law by the	70212
appropriate department of the state, county, or municipality in	70213
which it furnishes services; or is operated for profit in this	70214
state, meets all the requirements specified in divisions (A)(5)(a)	70215
to (d) of this section, and is certified under Title XVIII of the	70216
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as	70217
amended.	70218

(6) "Home health service" means the following items and	70219
services, provided, except as provided in division (A)(6)(g) of	70220
this section, on a visiting basis in a place of residence used as	70221
the patient's home:	70222

(a) Nursing care provided by or under the supervision of a	70223
registered professional nurse;	70224

(b) Physical, occupational, or speech therapy ordered by the	70225
patient's attending physician;	70226

(c) Medical social services performed by or under the	70227
supervision of a qualified medical or psychiatric social worker	70228
and under the direction of the patient's attending physician;	70229

(d) Personal health care of the patient performed by aides in	70230
accordance with the orders of a doctor of medicine or osteopathy	70231
and under the supervision of a registered professional nurse;	70232

(e) Medical supplies and the use of medical appliances;

70233

(f) Medical services of interns and residents-in-training	70234
under an approved teaching program of a nonprofit hospital and	70235
under the direction and supervision of the patient's attending	70236
physician;	70237

(g) Any of the foregoing items and services which:

70238

(i) Are provided on an outpatient basis under arrangements	70239
made by the home health agency at a hospital or skilled nursing	70240
facility;	70241

(ii) Involve the use of equipment of such a nature that the	70242
items and services cannot readily be made available to the patient	70243
in the patient's place of residence, or which are furnished at the	70244
hospital or skilled nursing facility while the patient is there to	70245
receive any item or service involving the use of such equipment.	70246

Any attorney, physician, osteopath, podiatrist, chiropractor,	70247
dentist, psychologist, any employee of a hospital as defined in	70248
section 3701.01 of the Revised Code, any nurse licensed under	70249
Chapter 4723. of the Revised Code, any employee of an ambulatory	70250
health facility, any employee of a home health agency, any	70251
employee of an adult care facility as defined in section ~~3722.01~~	70252
5119.70 of the Revised Code, any employee of a nursing home,	70253
residential care facility, or home for the aging, as defined in	70254
section 3721.01 of the Revised Code, any senior service provider,	70255
any peace officer, coroner, clergyman, any employee of a community	70256
mental health facility, and any person engaged in social work or	70257
counseling having reasonable cause to believe that an adult is	70258
being abused, neglected, or exploited, or is in a condition which	70259
is the result of abuse, neglect, or exploitation shall immediately	70260
report such belief to the county department of job and family	70261
services. This section does not apply to employees of any hospital	70262
or public hospital as defined in section 5122.01 of the Revised	70263
Code.	70264

(B) Any person having reasonable cause to believe that an	70265
adult has suffered abuse, neglect, or exploitation may report, or	70266
cause reports to be made of such belief to the department.	70267

(C) The reports made under this section shall be made orally	70268
or in writing except that oral reports shall be followed by a	70269
written report if a written report is requested by the department.	70270
Written reports shall include:	70271

(1) The name, address, and approximate age of the adult who	70272
is the subject of the report;	70273

(2) The name and address of the individual responsible for	70274
the adult's care, if any individual is, and if the individual is	70275
known;	70276

(3) The nature and extent of the alleged abuse, neglect, or	70277
exploitation of the adult;	70278

(4) The basis of the reporter's belief that the adult has	70279
been abused, neglected, or exploited.	70280

(D) Any person with reasonable cause to believe that an adult	70281
is suffering abuse, neglect, or exploitation who makes a report	70282
pursuant to this section or who testifies in any administrative or	70283
judicial proceeding arising from such a report, or any employee of	70284
the state or any of its subdivisions who is discharging	70285
responsibilities under section 5101.62 of the Revised Code shall	70286
be immune from civil or criminal liability on account of such	70287
investigation, report, or testimony, except liability for perjury,	70288
unless the person has acted in bad faith or with malicious	70289
purpose.	70290

(E) No employer or any other person with the authority to do	70291
so shall discharge, demote, transfer, prepare a negative work	70292
performance evaluation, or reduce benefits, pay, or work	70293
privileges, or take any other action detrimental to an employee or	70294
in any way retaliate against an employee as a result of the	70295
employee's having filed a report under this section.	70296

(F) Neither the written or oral report provided for in this	70297
section nor the investigatory report provided for in section	70298
5101.62 of the Revised Code shall be considered a public record as	70299
defined in section 149.43 of the Revised Code. Information	70300
contained in the report shall upon request be made available to	70301
the adult who is the subject of the report, to agencies authorized	70302
by the department to receive information contained in the report,	70303
and to legal counsel for the adult.	70304

Sec. 5104.32. (A) Except as provided in division (C) of this	70305
section, all purchases of publicly funded child care shall be made	70306
under a contract entered into by a licensed child day-care center,	70307
licensed type A family day-care home, certified type B family	70308
day-care home, certified in-home aide, approved child day camp,	70309
licensed preschool program, licensed school child program, or	70310
border state child care provider and the ~~county~~ department of job	70311
and family services. ~~A county department of job and family~~	70312
~~services may enter into a contract with a provider for publicly~~	70313
~~funded child care for a specified period of time or upon a~~	70314
~~continuous basis for an unspecified period of time.~~ All contracts	70315
for publicly funded child care shall be contingent upon the	70316
availability of state and federal funds. The department ~~of job and~~	70317
~~family services~~ shall prescribe a standard form to be used for all	70318
contracts for the purchase of publicly funded child care,	70319
regardless of the source of public funds used to purchase the	70320
child care. To the extent permitted by federal law and	70321
notwithstanding any other provision of the Revised Code that	70322
regulates state ~~or county~~ contracts or contracts involving the	70323
expenditure of state~~, county,~~ or federal funds, all contracts for	70324
publicly funded child care shall be entered into in accordance	70325
with the provisions of this chapter and are exempt from any other	70326
provision of the Revised Code that regulates state ~~or county~~	70327
contracts or contracts involving the expenditure of state~~, county,~~	70328
or federal funds.	70329

(B) Each contract for publicly funded child care shall	70330
specify at least the following:	70331

(1) That the provider of publicly funded child care agrees to	70332
be paid for rendering services at the ~~lowest~~lower of the rate	70333
customarily charged by the provider for children enrolled for	70334
child care,or the reimbursement ceiling or rate of payment	70335
established pursuant to section 5104.30 of the Revised Code~~, or a~~	70336
~~rate the county department negotiates with the provider~~;	70337

(2) That, if a provider provides child care to an individual	70338
potentially eligible for publicly funded child care who is	70339
subsequently determined to be eligible, the ~~county~~ department	70340
agrees to pay for all child care provided between the date the	70341
county department of job and family services receives the	70342
individual's completed application and the date the individual's	70343
eligibility is determined;	70344

(3) Whether the county department of job and family services,	70345
the provider, or a child care resource and referral service	70346
organization will make eligibility determinations, whether the	70347
provider or a child care resource and referral service	70348
organization will be required to collect information to be used by	70349
the county department to make eligibility determinations, and the	70350
time period within which the provider or child care resource and	70351
referral service organization is required to complete required	70352
eligibility determinations or to transmit to the county department	70353
any information collected for the purpose of making eligibility	70354
determinations;	70355

(4) That the provider, other than a border state child care	70356
provider, shall continue to be licensed, approved, or certified	70357
pursuant to this chapter and shall comply with all standards and	70358
other requirements in this chapter and in rules adopted pursuant	70359
to this chapter for maintaining the provider's license, approval,	70360
or certification;	70361

(5) That, in the case of a border state child care provider,	70362
the provider shall continue to be licensed, certified, or	70363
otherwise approved by the state in which the provider is located	70364
and shall comply with all standards and other requirements	70365
established by that state for maintaining the provider's license,	70366
certificate, or other approval;	70367

(6) Whether the provider will be paid by the ~~county~~	70368
~~department of job and family services, the~~ state department of job	70369
and family services, or in some other manner as prescribed by	70370
rules adopted under section 5104.42 of the Revised Code;	70371

(7) That the contract is subject to the availability of state	70372
and federal funds;	70373

(8) That, in the case of a certified type B family day-care	70374
home, the provider will be paid according to an hourly	70375
reimbursement rate when day care is provided for one-tenth of an	70376
hour to nine and nine-tenths hours per week. For the purpose of	70377
the hourly reimbursement rate, a part-time week shall be	70378
considered ten hours to twenty-four and nine-tenths hours of day	70379
care.	70380

(C) Unless specifically prohibited by federal law or by rules	70381
adopted under section 5104.42 of the Revised Code, the county	70382
department of job and family services shall give individuals	70383
eligible for publicly funded child care the option of obtaining	70384
certificates ~~for payment~~ that the individual may use to purchase	70385
services from any provider qualified to provide publicly funded	70386
child care under section 5104.31 of the Revised Code. Providers of	70387
publicly funded child care may present these certificates for	70388
payment ~~for reimbursement~~ in accordance with rules that the	70389
director of job and family services shall adopt. Only providers	70390
may receive ~~reimbursement~~payment for certificates ~~for payment~~.	70391
The value of the certificate ~~for payment~~ shall be based on the	70392
~~lowest~~lower of the rate customarily charged by the provider~~, the~~	70393
~~reimbursement ceiling~~ or the rate of payment established pursuant	70394
to section 5104.30 of the Revised Code~~, or a rate the county~~	70395
~~department negotiates with the provider~~. The county department may	70396
provide the certificates ~~for payment~~ to the individuals or may	70397
contract with child care providers or child care resource and	70398
referral service organizations that make determinations of	70399
eligibility for publicly funded child care pursuant to contracts	70400
entered into under section 5104.34 of the Revised Code for the	70401
providers or resource and referral service organizations to	70402
provide the certificates ~~for payment~~ to individuals whom they	70403
determine are eligible for publicly funded child care.	70404

For each six-month period a provider of publicly funded child	70405
care provides publicly funded child day-care to the child of an	70406
individual given certificates ~~for payment~~, the individual shall	70407
provide the provider certificates for days the provider would have	70408
provided publicly funded child care to the child had the child	70409
been present. The maximum number of days providers shall be	70410
provided certificates shall not exceed ten days in a six-month	70411
period during which publicly funded child care is provided to the	70412
child regardless of the number of providers that provide publicly	70413
funded child care to the child during that period.	70414

Sec. 5104.341. (A) Except as provided in division (B) of	70415
this section, both of the following apply:	70416

(1) An eligibility determination made under section 5104.34	70417
of the Revised Code for publicly funded child care is valid for	70418
one year;	70419

(2) The county department of job and family services shall	70420
adjust the appropriate level of a fee charged under division (B)	70421
of section 5104.34 of the Revised Code if a caretaker parent	70422
reports changes in income, family size, or both.	70423

(B) Division (A) of this section does not apply ~~in either of~~	70424
~~the following circumstances:~~	70425

~~(1) The publicly funded child care is provided under division~~	70426
~~(B)(4) of section 5104.35 of the Revised Code;~~	70427

~~(2) The~~if the recipient of the publicly funded child care	70428
ceases to be eligible for publicly funded child care.	70429

Sec. 5104.35. (A) ~~The~~Each county department of job and	70430
family services shall do all of the following:	70431

(1) Accept any gift, grant, or other funds from either public	70432
or private sources offered unconditionally or under conditions	70433
which are, in the judgment of the department, proper and	70434
consistent with this chapter and deposit the funds in the county	70435
public assistance fund established by section 5101.161 of the	70436
Revised Code;	70437

(2) Recruit individuals and groups interested in	70438
certification as in-home aides or in developing and operating	70439
suitable licensed child day-care centers, type A family day-care	70440
homes, or certified type B family day-care homes, especially in	70441
areas with high concentrations of recipients of public assistance,	70442
and for that purpose provide consultation to interested	70443
individuals and groups on request;	70444

(3) Inform clients of the availability of child care	70445
services;	70446

~~(4) Pay to a child day-care center, type A family day-care~~	70447
~~home, certified type B family day-care home, in-home aide,~~	70448
~~approved child day camp, licensed preschool program, licensed~~	70449
~~school child program, or border state child care provider for~~	70450
~~child care services, the amount provided for in division (B) of~~	70451
~~section 5104.32 of the Revised Code. If part of the cost of care~~	70452
~~of a child is paid by the child's parent or any other person, the~~	70453
~~amount paid shall be subtracted from the amount the provider is~~	70454
~~paid.~~	70455

~~(5) In accordance with rules adopted pursuant to section~~	70456
~~5104.39 of the Revised Code, provide monthly reports to the~~	70457
~~director of job and family services and the director of budget and~~	70458
~~management regarding expenditures for the purchase of publicly~~	70459
~~funded child care~~.	70460

(B) ~~The~~A county department of job and family services may do	70461
~~any of the following:~~	70462

~~(1) To~~, to the extent permitted by federal law, use public	70463
child care funds to extend the hours of operation of the county	70464
department to accommodate the needs of working caretaker parents	70465
and enable those parents to apply for publicly funded child care;	70466

~~(2) In accordance with rules adopted by the director of job~~	70467
~~and family services, request a waiver of the reimbursement ceiling~~	70468
~~established pursuant to section 5104.30 of the Revised Code for~~	70469
~~the purpose of paying a higher rate for publicly funded child care~~	70470
~~based upon the special needs of a child;~~	70471

~~(3) To the extent permitted by federal law, use state and~~	70472
~~federal funds to pay deposits and other advance payments that a~~	70473
~~provider of child care customarily charges all children who~~	70474
~~receive child care from that provider;~~	70475

~~(4) To the extent permitted by federal law, pay for up to~~	70476
~~thirty days of child care for a child whose caretaker parent is~~	70477
~~seeking employment, taking part in employment orientation~~	70478
~~activities, or taking part in activities in anticipation of~~	70479
~~enrollment or attendance in an education or training program or~~	70480
~~activity, if the employment or education or training program or~~	70481
~~activity is expected to begin within the thirty-day period~~.	70482

Sec. 5104.37. The department of job and family services ~~and~~	70483
~~a county department of job and family services~~ may withhold any	70484
money due, and recover through any appropriate method any money	70485
erroneously paid, under this chapter if evidence exists of less	70486
than full compliance with this chapter and any rules adopted under	70487
it.	70488

Sec. 5104.38. In addition to any other rules adopted under	70489
this chapter, the director of job and family services shall adopt	70490
rules in accordance with Chapter 119. of the Revised Code	70491
governing financial and administrative requirements for publicly	70492
funded child care and establishing all of the following:	70493

(A) Procedures and criteria to be used in making	70494
determinations of eligibility for publicly funded child care that	70495
give priority to children of families with lower incomes and	70496
procedures and criteria for eligibility for publicly funded	70497
protective child care. The rules shall specify the maximum amount	70498
of income a family may have for initial and continued eligibility.	70499
The maximum amount shall not exceed two hundred per cent of the	70500
federal poverty line. The rules may specify exceptions to the	70501
eligibility requirements in the case of a family that previously	70502
received publicly funded child care and is seeking to have the	70503
child care reinstated after the family's eligibility was	70504
terminated.	70505

(B) Procedures under which a county department of job and	70506
family services may, if the department, under division (A) of this	70507
section, specifies a maximum amount of income a family may have	70508
for eligibility for publicly funded child care that is less than	70509
the maximum amount specified in that division, specify a maximum	70510
amount of income a family residing in the county the county	70511
department serves may have for initial and continued eligibility	70512
for publicly funded child care that is higher than the amount	70513
specified by the department but does not exceed the maximum amount	70514
specified in division (A) of this section;	70515

(C) A schedule of fees requiring all eligible caretaker	70516
parents to pay a fee for publicly funded child care according to	70517
income and family size, which shall be uniform for all types of	70518
publicly funded child care, except as authorized by rule, and, to	70519
the extent permitted by federal law, shall permit the use of state	70520
and federal funds to pay the customary deposits and other advance	70521
payments that a provider charges all children who receive child	70522
care from that provider. The schedule of fees may not provide for	70523
a caretaker parent to pay a fee that exceeds ten per cent of the	70524
parent's family income.	70525

(D) A formula ~~based upon a percentage of the county's total~~	70526
~~expenditures for publicly funded child care~~ for determining the	70527
~~maximum~~ amount of state and federal funds appropriated for	70528
publicly funded child care that may be allocated to a county	70529
department ~~may~~to use for administrative purposes;	70530

(E) Procedures to be followed by the department and county	70531
departments in recruiting individuals and groups to become	70532
providers of child care;	70533

(F) Procedures to be followed in establishing state or local	70534
programs designed to assist individuals who are eligible for	70535
publicly funded child care in identifying the resources available	70536
to them and to refer the individuals to appropriate sources to	70537
obtain child care;	70538

(G) Procedures to deal with fraud and abuse committed by	70539
either recipients or providers of publicly funded child care;	70540

(H) Procedures for establishing a child care grant or loan	70541
program in accordance with the child care block grant act;	70542

(I) Standards and procedures for applicants to apply for	70543
grants and loans, and for the department to make grants and loans;	70544

(J) A definition of "person who stands in loco parentis" for	70545
the purposes of division (II)(1) of section 5104.01 of the Revised	70546
Code;	70547

(K) Procedures for a county department of job and family	70548
services to follow in making eligibility determinations and	70549
redeterminations for publicly funded child care available through	70550
telephone, computer, and other means at locations other than the	70551
county department;	70552

(L) If the director establishes a different reimbursement	70553
ceiling under division (E)(3)(d) of section 5104.30 of the Revised	70554
Code, standards and procedures for determining the amount of the	70555
higher payment that is to be issued to a child care provider based	70556
on the special needs of the child being served;	70557

(M) To the extent permitted by federal law, procedures for	70558
paying for up to thirty days of child care for a child whose	70559
caretaker parent is seeking employment, taking part in employment	70560
orientation activities, or taking part in activities in	70561
anticipation of enrolling in or attending an education or training	70562
program or activity, if the employment or the education or	70563
training program or activity is expected to begin within the	70564
thirty-day period;	70565

(N) Any other rules necessary to carry out sections 5104.30	70566
to ~~5104.39~~5104.43 of the Revised Code.	70567

Sec. 5104.39. (A) The director of job and family services	70568
shall adopt rules in accordance with Chapter 119. of the Revised	70569
Code establishing a procedure for monitoring the expenditures of	70570
~~county departments of job and family services~~for publicly funded	70571
child care to ensure that expenditures do not exceed the available	70572
federal and state funds for publicly funded child care. The	70573
department of job and family services, with the assistance of the	70574
office of budget and management and the child care advisory	70575
council created pursuant to section 5104.08 of the Revised Code,	70576
shall monitor the anticipated future expenditures ~~of county~~	70577
~~departments~~ for publicly funded child care and shall compare those	70578
anticipated future expenditures to available federal and state	70579
funds for publicly funded child care. Whenever the department	70580
determines that the anticipated future expenditures ~~of the county~~	70581
~~departments will exceed the available federal and state funds~~ for	70582
publicly funded child care ~~and the department reimburses the~~	70583
~~county departments in accordance with rules adopted under section~~	70584
~~5104.42 of the Revised Code~~will exceed the available federal and	70585
state funds, the department shall promptly notify the county	70586
departments of job and family services and, before the available	70587
state and federal funds are used, the director shall issue and	70588
implement an administrative order that shall specify both of the	70589
following:	70590

(1) Priorities for expending the remaining available federal	70591
and state funds for publicly funded child care;	70592

(2) Instructions and procedures to be used by the county	70593
departments regarding eligibility determinations.	70594

(B) The order may do any or all of the following:

70595

(1) Suspend enrollment of all new participants in any program	70596
of publicly funded child care;	70597

(2) Limit enrollment of new participants to those with	70598
incomes at or below a specified percentage of the federal poverty	70599
line;	70600

(3) Disenroll existing participants with income above a	70601
specified percentage of the federal poverty line;	70602

(4) Change the schedule of fees paid by eligible caretaker	70603
parents that has been established pursuant to section 5104.38 of	70604
the Revised Code;	70605

(5) Change the rate of payment for providers of publicly	70606
funded child care that has been established pursuant to section	70607
5104.30 of the Revised Code.	70608

(C) Each county department shall comply with the order no	70609
later than thirty days after it is issued. ~~If the department fails~~	70610
~~to notify the county departments and to implement the reallocation~~	70611
~~priorities specified in the order before the available federal and~~	70612
~~state funds for publicly funded child care are used, the state~~	70613
~~department shall provide sufficient funds to the county~~	70614
~~departments for publicly funded child care to enable each county~~	70615
~~department to pay for all publicly funded child care that was~~	70616
~~provided by providers pursuant to contract prior to the date that~~	70617
~~the county department received notice under this section and the~~	70618
~~state department implemented in that county the priorities.~~	70619

(D) If after issuing an order under this section to suspend	70620
or limit enrollment of new participants or disenroll existing	70621
participants the department determines that available state and	70622
federal funds for publicly funded child care exceed the	70623
anticipated future expenditures ~~of the county departments~~for	70624
publicly funded child care, the director may issue and implement	70625
another administrative order increasing income eligibility levels	70626
to a specified percentage of the federal poverty line. The order	70627
shall include instructions and procedures to be used by the county	70628
departments. Each county department shall comply with the order	70629
not later than thirty days after it is issued.	70630

(E) The department of job and family services shall do all of	70631
the following:	70632

(1) Conduct a quarterly evaluation of the program of publicly	70633
funded child care that is operated pursuant to sections 5104.30 to	70634
~~5104.39~~5104.43 of the Revised Code;	70635

(2) Prepare reports based upon the evaluations that specify	70636
for each county the number of participants and amount of	70637
expenditures;	70638

(3) Provide copies of the reports to both houses of the	70639
general assembly and, on request, to interested parties.	70640

Sec. 5104.42. (A) The director of job and family services	70641
shall adopt rules pursuant to section 111.15 of the Revised Code	70642
establishing a payment procedure for publicly funded child care.	70643
~~The rules may provide that the department of job and family~~	70644
~~services will reimburse county departments of job and family~~	70645
~~services for payments made to providers of publicly funded child~~	70646
~~care, make direct payments to providers, or establish another~~	70647
~~system for the payment of publicly funded child care.~~	70648

~~Alternately, the~~(B) The director, by rule adopted in	70649
accordance with section 111.15 of the Revised Code, may establish	70650
a methodology for allocating ~~among the county departments~~ the	70651
state and federal funds appropriated for ~~all~~ publicly funded child	70652
care ~~services~~. ~~If the department chooses to allocate funds for~~	70653
~~publicly funded child care, it may provide the funds to each~~	70654
~~county department, up to the limit of the county's allocation, by~~	70655
~~advancing the funds or reimbursing county care expenditures. The~~	70656
~~rules adopted under this section may prescribe procedures for~~	70657
~~making the advances or reimbursements. The rules may establish a~~	70658
~~method under which the department may determine which county~~	70659
~~expenditures for child care services are allowable for use of and~~	70660
~~federal funds.~~	70661

~~The rules may establish procedures that a county department~~	70662
~~shall follow when the county department determines that its~~	70663
~~anticipated future expenditures for publicly funded child care~~	70664
~~services will exceed the amount of state and federal funds~~	70665
~~allocated by the state department. The procedures may include~~	70666
~~suspending or limiting enrollment of new participants.~~	70667

Sec. 5104.43. Each county department of job and family	70668
services shall deposit all funds received from any source for	70669
child care services into the public assistance fund established	70670
under section 5101.161 of the Revised Code. ~~All expenditures by a~~	70671
~~county department for publicly funded child care shall be made~~	70672
~~from the public assistance fund.~~	70673

Sec. 5111.012. ~~The~~(A) Except as provided in division (B) of	70674
this section, the county department of job and family services of	70675
each county shall establish the eligibility for medical assistance	70676
of persons living in the county, and shall notify the department	70677
of job and family services in the manner prescribed by the	70678
department. The county shall be reimbursed for administrative	70679
expenditures in accordance with sections 5101.16, 5101.161, and	70680
5701.01 of the Revised Code. Expenditures for medical assistance	70681
shall be made from funds appropriated to the department of job and	70682
family services for public assistance subsidies. The program shall	70683
conform to the requirements of the "Social Security Act," 49 Stat.	70684
620 (1935), 42 U.S.C.A. 301, as amended.	70685

(B) If the department of job and family services elects to	70686
enter into agreements with county departments of job and family	70687
services pursuant to division (B) of section 5101.47 of the	70688
Revised Code, a county department of job and family services shall	70689
establish eligibility for medical assistance only if authorized to	70690
do so under such an agreement.	70691

Sec. 5111.013. (A) The provision of medical assistance to	70692
pregnant women and young children who are eligible for medical	70693
assistance under division (A)(3) of section 5111.01 of the Revised	70694
Code, but who are not otherwise eligible for medical assistance	70695
under that section, shall be known as the healthy start program.	70696

(B) The department of job and family services shall do all of	70697
the following with regard to the application procedures for the	70698
healthy start program:	70699

(1) Establish a short application form for the program that	70700
requires the applicant to provide no more information than is	70701
necessary for making determinations of eligibility for the healthy	70702
start program, except that the form may require applicants to	70703
provide their social security numbers. The form shall include a	70704
statement, which must be signed by the applicant, indicating that	70705
she does not choose at the time of making application for the	70706
program to apply for assistance provided under any other program	70707
administered by the department and that she understands that she	70708
is permitted at any other time to apply at the county department	70709
of job and family services of the county in which she resides for	70710
any other assistance administered by the department.	70711

(2) To the extent permitted by federal law, do one or both of	70712
the following:	70713

(a) Distribute the application form for the program to each	70714
public or private entity that serves as a women, infants, and	70715
children clinic or as a child and family health clinic and to each	70716
administrative body for such clinics and train employees of each	70717
such agency or entity to provide applicants assistance in	70718
completing the form;	70719

(b) In cooperation with the department of health, develop	70720
arrangements under which employees of county departments of job	70721
and family services are stationed at public or private agencies or	70722
entities selected by the department of job and family services	70723
that serve as women, infants, and children clinics; child and	70724
family health clinics; or administrative bodies for such clinics	70725
for the purpose both of assisting applicants for the program in	70726
completing the application form and of making determinations at	70727
that location of eligibility for the program.	70728

(3) Establish performance standards by which a county	70729
department of job and family services' level of enrollment of	70730
persons potentially eligible for the program can be measured, and	70731
establish acceptable levels of enrollment for each county	70732
department.	70733

(4) Direct any county department of job and family services	70734
whose rate of enrollment of potentially eligible enrollees in the	70735
program is below acceptable levels established under division	70736
(B)(3) of this section to implement corrective action. Corrective	70737
action may include but is not limited to any one or more of the	70738
following to the extent permitted by federal law:	70739

(a) Establishing formal referral and outreach methods with	70740
local health departments and local entities receiving funding	70741
through the bureau of maternal and child health;	70742

(b) Designating a specialized intake unit within the county	70743
department for healthy start applicants;	70744

(c) Establishing abbreviated timeliness requirements to	70745
shorten the time between receipt of an application and the	70746
scheduling of an initial application interview;	70747

(d) Establishing a system for telephone scheduling of intake	70748
interviews for applicants;	70749

(e) Establishing procedures to minimize the time an applicant	70750
must spend in completing the application and eligibility	70751
determination process, including permitting applicants to complete	70752
the process at times other than the regular business hours of the	70753
county department and at locations other than the offices of the	70754
county department.	70755

(C) To the extent permitted by federal law, local funds,	70756
whether from public or private sources, expended by a county	70757
department for administration of the healthy start program shall	70758
be considered to have been expended by the state for the purpose	70759
of determining the extent to which the state has complied with any	70760
federal requirement that the state provide funds to match federal	70761
funds for medical assistance, except that this division shall not	70762
affect the amount of funds the county is entitled to receive under	70763
section 5101.16, 5101.161, or 5111.012 of the Revised Code.	70764

(D) ~~The director of job and family services shall do one or~~	70765
~~both of the following:~~	70766

~~(1) To the extent that federal funds are provided for such~~	70767
~~assistance, adopt a plan for granting presumptive eligibility for~~	70768
~~pregnant women applying for healthy start;~~	70769

~~(2) To the extent permitted by federal medicaid regulations,~~	70770
~~adopt a plan for making same-day determinations of eligibility for~~	70771
~~pregnant women applying for healthy start.~~	70772

~~(E)~~ A county department of job and family services that	70773
maintains offices at more than one location shall accept	70774
applications for the healthy start program at all of those	70775
locations.	70776

~~(F)~~(E) The director of job and family services shall adopt	70777
rules in accordance with section 111.15 of the Revised Code as	70778
necessary to implement this section.	70779

Sec. 5111.0112. (A) The director of job and family services	70780
shall institute a cost-sharing program under the medicaid program.	70781
In instituting the cost-sharing program, the director shall comply	70782
with federal law. ~~In the case of an individual participating in~~	70783
~~the children's buy-in program established under sections 5101.5211~~	70784
~~to 5101.5216 of the Revised Code, the cost-sharing program shall~~	70785
~~be consistent with sections 5101.5213 and 5101.5214 of the Revised~~	70786
~~Code if the children's buy-in program is a component of the~~	70787
~~medicaid program.~~ The cost-sharing program shall establish a	70788
copayment requirement for at least dental services, vision	70789
services, nonemergency emergency department services, and	70790
prescription drugs, other than generic drugs. The cost-sharing	70791
program shall establish requirements regarding premiums,	70792
enrollment fees, deductions, and similar charges. The director	70793
shall adopt rules under section 5111.02 of the Revised Code	70794
governing the cost-sharing program.	70795

(B) The cost-sharing program shall, to the extent permitted	70796
by federal law, provide for all of the following with regard to	70797
any providers participating in the medicaid program:	70798

(1) No provider shall refuse to provide a service to a	70799
medicaid recipient who is unable to pay a required copayment for	70800
the service.	70801

(2) Division (B)(1) of this section shall not be considered	70802
to do either of the following with regard to a medicaid recipient	70803
who is unable to pay a required copayment:	70804

(a) Relieve the medicaid recipient from the obligation to pay	70805
a copayment;	70806

(b) Prohibit the provider from attempting to collect an	70807
unpaid copayment.	70808

(3) Except as provided in division (C) of this section, no	70809
provider shall waive a medicaid recipient's obligation to pay the	70810
provider a copayment.	70811

(4) No provider or drug manufacturer, including the	70812
manufacturer's representative, employee, independent contractor,	70813
or agent, shall pay any copayment on behalf of a medicaid	70814
recipient.	70815

(5) If it is the routine business practice of the provider to	70816
refuse service to any individual who owes an outstanding debt to	70817
the provider, the provider may consider an unpaid copayment	70818
imposed by the cost-sharing program as an outstanding debt and may	70819
refuse service to a medicaid recipient who owes the provider an	70820
outstanding debt. If the provider intends to refuse service to a	70821
medicaid recipient who owes the provider an outstanding debt, the	70822
provider shall notify the individual of the provider's intent to	70823
refuse services.	70824

(C) In the case of a provider that is a hospital, the	70825
cost-sharing program shall permit the hospital to take action to	70826
collect a copayment by providing, at the time services are	70827
rendered to a medicaid recipient, notice that a copayment may be	70828
owed. If the hospital provides the notice and chooses not to take	70829
any further action to pursue collection of the copayment, the	70830
prohibition against waiving copayments specified in division	70831
(B)(3) of this section does not apply.	70832

(D) The department of job and family services may work with a	70833
state agency that is administering, pursuant to a contract entered	70834
into under section 5111.91 of the Revised Code, one or more	70835
components of the medicaid program or one or more aspects of a	70836
component as necessary for the state agency to apply the	70837
cost-sharing program to the components or aspects of the medicaid	70838
program that the state agency administers.	70839

Sec. 5111.0122. As used in this section, "maintenance of	70840
effort requirement" means the requirement established by section	70841
1902(gg) of the "Social Security Act," 124 Stat. 275 (2010), 42	70842
U.S.C. 1396a(gg), as amended, regarding medicaid eligibility	70843
standards, methodologies, and procedures.	70844

Except to the extent, if any, otherwise authorized by the	70845
United States secretary of health and human services, the	70846
department of job and family services shall comply with the	70847
maintenance of effort requirement while the requirement is in	70848
effect.	70849

Sec. 5111.0123. (A) Subject to division (B) of this section,	70850
the director of job and family services may adopt rules under	70851
sections 5111.011 and 5111.85 of the Revised Code to reduce the	70852
complexity of the eligibility determination processes for the	70853
medicaid program caused by the different income and resource	70854
standards for the numerous medicaid eligibility categories.	70855

(B) In implementing division (A) of this section, both of the	70856
following apply:	70857

(1) Before implementing a revision to an eligibility	70858
determination process, the director shall obtain, to the extent	70859
necessary, the approval of the United States secretary of health	70860
and human services in the form of a federal medicaid waiver,	70861
medicaid state plan amendment, or demonstration grant.	70862

(2) The director shall comply with section 5111.0122 of the	70863
Revised Code.	70864

Sec. 5111.0124. (A) As used in this section:

70865

"Children's hospital" has the same meaning as in section	70866
2151.86 of the Revised Code.	70867

"Federally-qualified health center" has the same meaning as	70868
in 42 U.S.C. 1396d(l)(2)(B).	70869

"Presumptive eligibility for pregnant women option" means the	70870
option available under 42 U.S.C. 1396r-1 to make ambulatory	70871
prenatal care available to pregnant women under the medicaid	70872
program during presumptive eligibility periods.	70873

(B) The director of job and family services shall submit a	70874
state medicaid plan amendment to the United States secretary of	70875
health and human services to implement the presumptive eligibility	70876
for pregnant women option. Children's hospitals and	70877
federally-qualified health centers that are eligible to be	70878
qualified providers under section 42 U.S.C. 1396r-1(b)(2) may	70879
serve as qualified providers for purposes of the presumptive	70880
eligibility for pregnant women option.	70881

Sec. 5111.0125. (A) As used in this section:

70882

"Children's hospital" has the same meaning as in section	70883
2151.86 of the Revised Code.	70884

"Federally-qualified health center" has the same meaning as	70885
in 42 U.S.C. 1396d(l)(2)(B).	70886

"Presumptive eligibility for children option" means the	70887
option available under 42 U.S.C. 1396r-1a to make medical	70888
assistance with respect to health care items and services	70889
available to children under the medicaid program during	70890
presumptive eligibility periods.	70891

(B) The director of job and family services shall retain the	70892
presumptive eligibility for children option in the state medicaid	70893
plan. Children's hospitals and federally-qualified health centers	70894
that are eligible to be qualified entities under section 42 U.S.C.	70895
1396r-1a(b)(3) may serve as qualified entities for purposes of the	70896
presumptive eligibility for children option.	70897

Sec. 5111.021. Under the medicaid program:

70898

(A) ~~Except as otherwise permitted by federal statute or~~	70899
~~regulation and at the department's discretion, reimbursement by~~	70900
~~the~~The department of job and family services toshall not	70901
reimburse a medical provider for any medical ~~service~~assistance	70902
rendered under the program ~~shall not exceed~~an amount that exceeds	70903
the following:	70904

(1) If the provider is a hospital, nursing facility, or	70905
intermediate care facility for the mentally retarded, the limits	70906
established under Subpart C of 42 C.F.R. Part 447;	70907

(2) If the provider is other than a provider described in	70908
division (A)(1) of this section, the authorized reimbursement	70909
~~level~~limits for the same service under the medicare program	70910
established under Title XVIII of the "Social Security Act," 79	70911
Stat. 286 (1965), 42 U.S.C. 1395, as amended.	70912

(B) Reimbursement for freestanding medical laboratory charges	70913
shall not exceed the customary and usual fee for laboratory	70914
profiles.	70915

(C) The department may deduct from payments for services	70916
rendered by a medicaid provider under the medicaid program any	70917
amounts the provider owes the state as the result of incorrect	70918
medicaid payments the department has made to the provider.	70919

(D) The department may conduct final fiscal audits in	70920
accordance with the applicable requirements set forth in federal	70921
laws and regulations and determine any amounts the provider may	70922
owe the state. When conducting final fiscal audits, the department	70923
shall consider generally accepted auditing standards, which	70924
include the use of statistical sampling.	70925

(E) The number of days of inpatient hospital care for which	70926
reimbursement is made on behalf of a medicaid recipient to a	70927
hospital that is not paid under a diagnostic-related-group	70928
prospective payment system shall not exceed thirty days during a	70929
period beginning on the day of the recipient's admission to the	70930
hospital and ending sixty days after the termination of that	70931
hospital stay, except that the department may make exceptions to	70932
this limitation. The limitation does not apply to children	70933
participating in the program for medically handicapped children	70934
established under section 3701.023 of the Revised Code.	70935

(F) The division of any reimbursement between a collaborating	70936
physician or podiatrist and a clinical nurse specialist, certified	70937
nurse-midwife, or certified nurse practitioner for services	70938
performed by the nurse shall be determined and agreed on by the	70939
nurse and collaborating physician or podiatrist. In no case shall	70940
reimbursement exceed the payment that the physician or podiatrist	70941
would have received had the physician or podiatrist provided the	70942
entire service.	70943

Sec. 5111.0212. As necessary to comply with section	70944
1902(a)(13)(A) of the "Social Security Act," 111 Stat. 507 (1997),	70945
42 U.S.C. 1396a(a)(13)(A), as amended, and any other federal law	70946
that requires public notice of proposed changes to reimbursement	70947
rates for medical assistance provided under the medicaid program,	70948
the director of job and family services shall give public notice	70949
in the register of Ohio of any change to a method or standard used	70950
to determine the medicaid reimbursement rate for medical	70951
assistance.	70952

Sec. 5111.0213. (A) As used in this section:

70953

(1) "Aide services" means all of the following:

70954

(a) Home health aide services available under the home health	70955
services benefit pursuant to 42 C.F.R. 440.70(b)(2);	70956

(b) Home care attendant services available under a home and	70957
community-based services medicaid waiver component;	70958

(c) Personal care aide services available under a home and	70959
community-based services medicaid waiver component.	70960

(2) "Home and community-based services medicaid waiver	70961
component" has the same meaning as in section 5111.85 of the	70962
Revised Code.	70963

(3) "Nursing services" means all of the following:

70964

(a) Nursing services available under the home health services	70965
benefit pursuant to 42 C.F.R. 440.70(b)(1);	70966

(b) Private duty nursing services as defined in 42 C.F.R.	70967
440.80;	70968

(c) Nursing services available under a home and	70969
community-based services medicaid waiver component.	70970

(B) The department of job and family services shall do both	70971
of the following:	70972

(1) Effective not later than October 1, 2011, reduce the	70973
medicaid program's first-hour-unit price for aide services and	70974
nursing services in a manner that reflects, at a minimum, labor	70975
market data that shows the medicaid and non-medicaid reimbursement	70976
rates for such services or similar services;	70977

(2) Not sooner than July 1, 2012, adjust the medicaid	70978
reimbursement rates for aide services and nursing services in a	70979
manner that reflects, at a minimum, labor market data, education	70980
and licensure status, home health agency and non-agency provider	70981
status, and length of service visit.	70982

(C) The department shall strive to have the adjustment made	70983
under division (B)(2) of this section go into effect on July 1,	70984
2012. The reduction made under division (B)(1) of this section	70985
shall remain in effect until the adjustment made under division	70986
(B)(2) of this section goes into effect.	70987

(D) The director of job and family services shall adopt rules	70988
under sections 5111.02 and 5111.85 of the Revised Code as	70989
necessary to implement this section.	70990

Sec. 5111.0214. The department of job and family services	70991
shall not knowingly make a medicaid payment for a	70992
provider-preventable condition for which federal financial	70993
participation is prohibited by regulations adopted under section	70994
2702 of the "Patient Protection and Affordable Care Act," 124	70995
Stat. 318 (2010), 42 U.S.C. 1396b-1. The director of job and	70996
family services shall adopt rules under section 5111.02 of the	70997
Revised Code as necessary to implement this section.	70998

Sec. 5111.0215. (A) The department of job and family services	70999
may establish a program under which it provides incentive	71000
payments, as authorized by the "Health Information Technology for	71001
Economic and Clinical Health Act," 123 Stat. 489 (2009), 42 U.S.C.	71002
1396b(a)(3)(F) and 1396b(t), as amended, to encourage the adoption	71003
and use of electronic health record technology by medicaid	71004
providers who are identified under that federal law as eligible	71005
professionals.	71006

(B) After the department has made a determination regarding	71007
the amount of a medicaid provider's electronic health record	71008
incentive payment or the denial of an incentive payment, the	71009
department shall notify the provider. The provider may request	71010
that the department reconsider its determination.	71011

A request for reconsideration shall be submitted in writing	71012
to the department not later than fifteen days after the provider	71013
receives notification of the determination. The request shall be	71014
accompanied by written materials setting forth the basis for, and	71015
supporting, the reconsideration request.	71016

On receipt of a timely request, the department shall	71017
reconsider the determination. On the basis of the written	71018
materials accompanying the request, the department may uphold,	71019
reverse, or modify its original determination. The department	71020
shall mail to the provider by certified mail a written notice of	71021
the reconsideration decision.	71022

In accordance with Chapter 2505. of the Revised Code, the	71023
medicaid provider may appeal the reconsideration decision by	71024
filing a notice of appeal with the court of common pleas of	71025
Franklin county. The notice shall identify the decision being	71026
appealed and the specific grounds for the appeal. The notice of	71027
appeal shall be filed not later than fifteen days after the	71028
department mails its notice of the reconsideration decision. A	71029
copy of the notice of appeal shall be filed with the department	71030
not later than three days after the notice is filed with the	71031
court.	71032

(C) The director of job and family services may adopt rules	71033
in accordance with Chapter 119. of the Revised Code as necessary	71034
to implement this section.	71035

Sec. 5111.023. (A) As used in this section:

71036

(1) "Community mental health agency or facility" means a	71037
community mental health agency or facility that has ~~a quality~~	71038
~~assurance program accredited by the joint commission on~~	71039
~~accreditation of healthcare organizations or is~~its community	71040
mental health services certified by the department of mental	71041
health under section 5119.611 of the Revised Code or by the	71042
department of job and family services.	71043

(2) "Mental health professional" means a person qualified to	71044
work with mentally ill persons under the standards established by	71045
the director of mental health pursuant to section 5119.611 of the	71046
Revised Code.	71047

(B) The state medicaid plan ~~shall~~may include provision of	71048
the following mental health services when provided by community	71049
mental health agencies or facilities:	71050

(1) Outpatient mental health services, including, but not	71051
limited to, preventive, diagnostic, therapeutic, rehabilitative,	71052
and palliative interventions rendered to individuals in an	71053
individual or group setting by a mental health professional in	71054
accordance with a plan of treatment appropriately established,	71055
monitored, and reviewed;	71056

(2) Partial-hospitalization mental health services rendered	71057
by persons directly supervised by a mental health professional;	71058

(3) Unscheduled, emergency mental health services of a kind	71059
ordinarily provided to persons in crisis when rendered by persons	71060
supervised by a mental health professional;	71061

(4) Subject to receipt of federal approval, assertive	71062
community treatment and intensive home-based mental health	71063
services.	71064

(C) ~~The comprehensive annual plan shall certify the~~	71065
~~availability of sufficient unencumbered community mental health~~	71066
~~state subsidy and local funds to match federal medicaid~~	71067
~~reimbursement funds earned by community mental health facilities.~~	71068

~~(D)~~ The department of job and family services shall enter	71069
into a separate contract with the department of mental health	71070
under section 5111.91 of the Revised Code with regard to the	71071
component of the medicaid program provided for by this section.	71072

~~(E) Not later than July 21, 2006, the department of job and~~	71073
~~family services shall request federal approval to provide~~	71074
~~assertive community treatment and intensive home-based mental~~	71075
~~health services under medicaid pursuant to this section.~~	71076

~~(F) On receipt of federal approval sought under division (E)~~	71077
~~of this section, the director of job and family services shall~~	71078
~~adopt rules in accordance with Chapter 119. of the Revised Code~~	71079
~~for assertive community treatment and intensive home-based mental~~	71080
~~health services provided under medicaid pursuant to this section.~~	71081
~~The director shall consult with the department of mental health in~~	71082
~~adopting the rules.~~	71083

Sec. 5111.025. (A) In rules adopted under section 5111.02 of	71084
the Revised Code, the director of job and family services shall	71085
modify the manner or establish a new manner in which the following	71086
are paid under medicaid:	71087

(1) Community mental health agencies or facilities for	71088
providing community mental health services included in the state	71089
medicaid plan pursuant to section 5111.023 of the Revised Code;	71090

(2) Providers of alcohol and drug addiction services for	71091
providing alcohol and drug addiction services included in the	71092
medicaid program pursuant to rules adopted under section 5111.02	71093
of the Revised Code.	71094

(B) The director's authority to modify the manner, or to	71095
establish a new manner, for medicaid to pay for the services	71096
specified in division (A) of this section is not limited by any	71097
rules adopted under section 5111.02 or 5119.61 of the Revised Code	71098
that are in effect on June 26, 2003, and govern the way medicaid	71099
pays for those services. This is the case regardless of what state	71100
agency adopted the rules.	71101

Sec. 5111.031. (A) As used in this section:

71102

(1) "Independent provider" has the same meaning as in section	71103
5111.034 of the Revised Code.	71104

(2) "Intermediate care facility for the mentally retarded"	71105
and "nursing facility" have the same meanings as in section	71106
5111.20 of the Revised Code.	71107

(3) "Noninstitutional medicaid provider" means any person or	71108
entity with a medicaid provider agreement other than a hospital,	71109
nursing facility, or intermediate care facility for the mentally	71110
retarded.	71111

(4) "Owner" means any person having at least five per cent	71112
ownership in a noninstitutional medicaid provider.	71113

(B) Notwithstanding any provision of this chapter to the	71114
contrary, the department of job and family services shall take	71115
action under this section against a noninstitutional medicaid	71116
provider or its owner, officer, authorized agent, associate,	71117
manager, or employee.	71118

(C) Except as provided in division (D) of this section and in	71119
rules adopted by the department under division (H) of this	71120
section, on receiving notice and a copy of an indictment that is	71121
issued on or after ~~the effective date of this section~~September	71122
29, 2007, and charges a noninstitutional medicaid provider or its	71123
owner, officer, authorized agent, associate, manager, or employee	71124
with committing an offense specified in division (E) of this	71125
section, the department shall suspend the provider agreement held	71126
by the noninstitutional medicaid provider. Subject to division (D)	71127
of this section, the department shall also terminate medicaid	71128
reimbursement to the provider for services rendered.	71129

The suspension shall continue in effect until the proceedings	71130
in the criminal case are completed through ~~conviction,~~ dismissal	71131
of the indictment,or through conviction, entry of a guilty plea,	71132
or finding of not guilty. If the department commences a process to	71133
terminate the suspended provider agreement, the suspension shall	71134
also continue in effect until the termination process is	71135
concluded. ~~Pursuant~~	71136

Pursuant to section 5111.06 of the Revised Code, the	71137
department is not required to take action under this division by	71138
issuing an order pursuant to an adjudication conducted in	71139
accordance with Chapter 119. of the Revised Code.	71140

When subject to a suspension under this division, a provider,	71141
owner, officer, authorized agent, associate, manager, or employee	71142
shall not own or provide services to any other medicaid provider	71143
or risk contractor or arrange for, render, or order services for	71144
medicaid recipients during the period of suspension. During the	71145
period of suspension, the provider, owner, officer, authorized	71146
agent, associate, manager, or employee shall not receive	71147
reimbursement in the form of direct payments from the department	71148
or indirect payments of medicaid funds in the form of salary,	71149
shared fees, contracts, kickbacks, or rebates from or through any	71150
participating provider or risk contractor.	71151

(D)(1) The department shall not suspend a provider agreement	71152
or terminate medicaid reimbursement under division (C) of this	71153
section if the provider or owner can demonstrate through the	71154
submission of written evidence that the provider or owner did not	71155
directly or indirectly sanction the action of its authorized	71156
agent, associate, manager, or employee that resulted in the	71157
indictment.	71158

(2) The termination of medicaid reimbursement applies only to	71159
payments for medicaid services rendered subsequent to the date on	71160
which the notice required under division (F) of this section is	71161
sent. Claims for reimbursement for medicaid services rendered by	71162
the provider prior to the issuance of the notice may be subject to	71163
prepayment review procedures whereby the department reviews claims	71164
to determine whether they are supported by sufficient	71165
documentation, are in compliance with state and federal statutes	71166
and rules, and are otherwise complete.	71167

(E)(1) In the case of a noninstitutional medicaid provider	71168
that is not an independent provider, the suspension of a provider	71169
agreement under division (C) of this section applies when an	71170
indictment charges a person with committing an act that would be a	71171
felony or misdemeanor under the laws of this state and the act	71172
relates to or results from either of the following:	71173

(a) Furnishing or billing for medical care, services, or	71174
supplies under the medicaid program;	71175

(b) Participating in the performance of management or	71176
administrative services relating to furnishing medical care,	71177
services, or supplies under the medicaid program.	71178

(2) In the case of a noninstitutional medicaid provider that	71179
is an independent provider, the suspension of a provider agreement	71180
under division (C) of this section applies when an indictment	71181
charges a person with committing an act that would constitute one	71182
of the offenses specified in division (D) of section 5111.034 of	71183
the Revised Code.	71184

(F) Not later than five days after suspending a provider	71185
agreement under division (C) of this section, the department shall	71186
send notice of the suspension to the affected provider or owner.	71187
In providing the notice, the department shall do all of the	71188
following:	71189

(1) Describe the indictment that was the cause of the	71190
suspension, without necessarily disclosing specific information	71191
concerning any ongoing civil or criminal investigation;	71192

(2) State that the suspension will continue in effect until	71193
the proceedings in the criminal case are completed through	71194
~~conviction,~~ dismissal of the indictment,or through conviction,	71195
entry of a guilty plea, or finding of not guilty and, if the	71196
department commences a process to terminate the suspended provider	71197
agreement, until the termination process is concluded;	71198

(3) Inform the provider or owner of the opportunity to submit	71199
to the department, not later than thirty days after receiving the	71200
notice, a request for a reconsideration pursuant to division (G)	71201
of this section.	71202

(G)(1) APursuant to the procedure specified in division	71203
(G)(2) of this section, a noninstitutional medicaid provider or	71204
owner subject to a suspension under this section may request a	71205
reconsideration. The request shall be made not later than thirty	71206
days after receipt of the notice provided under division (F) of	71207
this section. The reconsideration is not subject to an	71208
adjudication hearing pursuant to Chapter 119. of the Revised Code.	71209

(2) In requesting a reconsideration, the provider or owner	71210
shall submit written information and documents to the department.	71211
The information and documents may pertain to any of the following	71212
issues:	71213

(a) Whether the determination to suspend the provider	71214
agreement was based on a mistake of fact, other than the validity	71215
of the indictment;	71216

(b) Whether any offense charged in the indictment resulted	71217
from an offense specified in division (E) of this section;	71218

(c) Whether the provider or owner can demonstrate that the	71219
provider or owner did not directly or indirectly sanction the	71220
action of its authorized agent, associate, manager, or employee	71221
that resulted in the indictment.	71222

(3) The department shall review the information and documents	71223
submitted in a request for reconsideration. After the review, the	71224
suspension may be affirmed, reversed, or modified, in whole or in	71225
part. The department shall notify the affected provider or owner	71226
of the results of the review. The review and notification of its	71227
results shall be completed not later than forty-five days after	71228
receiving the information and documents submitted in a request for	71229
reconsideration.	71230

(H) The department may adopt rules in accordance with Chapter	71231
119. of the Revised Code to implement this section. The rules may	71232
specify circumstances under which the department would not suspend	71233
a provider agreement pursuant to this section.	71234

Sec. 5111.035. (A) As used in this section:

71235

(1) "Creditable allegation of fraud" has the same meaning as	71236
in 42 C.F.R. 455.2, except that for purposes of this section any	71237
reference in that regulation to the "state" or the "state medicaid	71238
agency" means the department of job and family services.	71239

(2) "Provider" has the same meaning as in section 5111.032 of	71240
the Revised Code.	71241

(3) "Owner" has the same meaning as in section 5111.031 of	71242
the Revised Code.	71243

(B)(1) Except as provided in division (C) of this section and	71244
in rules adopted by the department of job and family services	71245
under division (J) of this section, on determining there is a	71246
creditable allegation of fraud for which an investigation is	71247
pending under the medicaid program against a provider, the	71248
department shall suspend the provider agreement held by the	71249
provider. Subject to division (C) of this section, the department	71250
shall also terminate medicaid reimbursement to the provider for	71251
services rendered.	71252

(2)(a) The suspension shall continue in effect until either	71253
of the following is the case:	71254

(i) The department or a prosecuting authority determines that	71255
there is insufficient evidence of fraud by the provider;	71256

(ii) The proceedings in any related criminal case are	71257
completed through dismissal of the indictment or through	71258
conviction, entry of a guilty plea, or finding of not guilty.	71259

(b) If the department commences a process to terminate the	71260
suspended provider agreement, the suspension shall also continue	71261
in effect until the termination process is concluded.	71262

(3) Pursuant to section 5111.06 of the Revised Code, the	71263
department is not required to take action under division (B)(1) of	71264
this section by issuing an order pursuant to an adjudication in	71265
accordance with Chapter 119. of the Revised Code.	71266

(4) When subject to a suspension under this section, a	71267
provider, owner, officer, authorized agent, associate, manager, or	71268
employee shall not own or provide services to any other medicaid	71269
provider or risk contractor or arrange for, render, or order	71270
services to any other medicaid provider or risk contractor or	71271
arrange for, render, or order services for medicaid recipients	71272
during the period of suspension. During the period of suspension,	71273
the provider, owner, officer, authorized agent, associate,	71274
manager, or employee shall not receive reimbursement in the form	71275
of direct payments from the department or indirect payments of	71276
medicaid funds in the form of salary, shared fees, contracts,	71277
kickbacks, or rebates from or through any participating provider	71278
or risk contractor.	71279

(C) The department shall not suspend a provider agreement or	71280
terminate medicaid reimbursement under division (B) of this	71281
section if the provider or owner can demonstrate through the	71282
submission of written evidence that the provider or owner did not	71283
directly or indirectly sanction the action of its authorized	71284
agent, associate, manager, or employee that resulted in the	71285
creditable allegation of fraud.	71286

(D) The termination of medicaid reimbursement under division	71287
(B) of this section applies only to payments for medicaid services	71288
rendered subsequent to the date on which the notice required by	71289
division (E) of this section is sent. Claims for reimbursement of	71290
medicaid services rendered by the provider prior to the issuance	71291
of the notice may be subject to prepayment review procedures	71292
whereby the department reviews claims to determine whether they	71293
are supported by sufficient documentation, are in compliance with	71294
state and federal statutes and rules, and are otherwise complete.	71295

(E) After suspending a provider agreement under division (B)	71296
of this section, the department shall, as specified in 42 C.F.R.	71297
455.23(b), send notice of the suspension to the affected provider	71298
or owner in accordance with the following timeframes:	71299

(1) Not later than five days after the suspension, unless a	71300
law enforcement agency makes a written request to temporarily	71301
delay the notice;	71302

(2) If a law enforcement agency makes a written request to	71303
temporarily delay the notice, not later than thirty days after the	71304
suspension occurs subject to the conditions specified in division	71305
(F) of this section.	71306

(F) A written request for a temporary delay described in	71307
division (E)(2) of this section may be renewed in writing by a law	71308
enforcement agency not more than two times except that under no	71309
circumstances shall the notice be issued more than ninety days	71310
after the suspension occurs.	71311

(G) The notice required by division (E) of this section shall	71312
do all of the following:	71313

(1) State that payments are being suspended in accordance	71314
with this section and 42 C.F.R. 455.23;	71315

(2) Set forth the general allegations related to the nature	71316
of the conduct leading to the suspension, except that it is not	71317
necessary to disclose any specific information concerning an	71318
ongoing investigation;	71319

(3) State that the suspension continues to be in effect until	71320
either of the following is the case:	71321

(a) The department or a prosecuting authority determines that	71322
there is insufficient evidence of fraud by the provider;	71323

(b) The proceedings in any related criminal case are	71324
completed through dismissal of the indictment or through	71325
conviction, entry of a guilty plea, or finding of not guilty and,	71326
if the department commences a process to terminate the suspended	71327
provider agreement, until the termination process is concluded.	71328

(4) Specify, if applicable, the type or types of medicaid	71329
claims or business units of the provider that are affected by the	71330
suspension;	71331

(5) Inform the provider or owner of the opportunity to submit	71332
to the department, not later than thirty days after receiving the	71333
notice, a request for reconsideration of the suspension in	71334
accordance with division (H) of this section.	71335

(H)(1) Pursuant to the procedure specified in division (H)(2)	71336
of this section, a provider or owner subject to a suspension under	71337
this section may request a reconsideration of the suspension. The	71338
request shall be made not later than thirty days after receipt of	71339
a notice required by division (E) of this section. The	71340
reconsideration is not subject to an adjudication hearing pursuant	71341
to Chapter 119. of the Revised Code.	71342

(2) In requesting a reconsideration, the provider or owner	71343
shall submit written information and documents to the department.	71344
The information and documents may pertain to any of the following	71345
issues:	71346

(a) Whether the determination to suspend the provider	71347
agreement was based on a mistake of fact, other than the validity	71348
of an indictment in a related criminal case.	71349

(b) If there has been an indictment in a related criminal	71350
case, whether any offense charged in the indictment resulted from	71351
an offense specified in division (E) of section 5111.031 of the	71352
Revised Code.	71353

(c) Whether the provider or owner can demonstrate that the	71354
provider or owner did not directly or indirectly sanction the	71355
action of its authorized agent, associate, manager, or employee	71356
that resulted in the suspension under this section or an	71357
indictment in a related criminal case.	71358

(I) The department shall review the information and documents	71359
submitted in a request made under division (H) of this section for	71360
reconsideration of a suspension. After the review, the suspension	71361
may be affirmed, reversed, or modified, in whole or in part. The	71362
department shall notify the affected provider or owner of the	71363
results of the review. The review and notification of its results	71364
shall be completed not later than forty-five days after receiving	71365
the information and documents submitted in a request for	71366
reconsideration.	71367

(J) The department may adopt rules in accordance with Chapter	71368
119. of the Revised Code to implement this section. The rules may	71369
specify circumstances under which the department would not suspend	71370
a provider agreement pursuant to this section.	71371

Sec. 5111.051. The director of job and family services may	71372
submit a medicaid state plan amendment or request for a federal	71373
waiver to the United States secretary of health and human services	71374
as necessary to implement, at the director's discretion, a system	71375
under which payments for medical assistance provided under the	71376
medicaid program are made to an organization on behalf of the	71377
providers of the medical assistance. The system may not provide	71378
for an organization to receive an amount that exceeds, in	71379
aggregate, the amount the department would have paid directly to	71380
the providers if not for this section.	71381

Sec. 5111.052. (A) As used in this section, "electronic	71382
claims submission process" means any of the following:	71383

(1) Electronic interchange of data;

71384

(2) Direct entry of data through an internet-based mechanism	71385
implemented by the department of job and family services;	71386

(3) Any other process for the electronic submission of claims	71387
that is specified in rules adopted under this section.	71388

(B) Not later than January 1, 2013, and except as provided	71389
in division (C) of this section, each provider of services to	71390
medicaid recipients shall do both of the following:	71391

(1) Use only an electronic claims submission process to	71392
submit to the department of job and family services claims for	71393
medicaid reimbursement for services provided to medicaid	71394
recipients;	71395

(2) Arrange to receive medicaid reimbursement from the	71396
department by means of electronic funds transfer.	71397

(C) Division (B) of this section does not apply to any of the	71398
following:	71399

(1) A nursing facility, as defined in section 5111.20 of the	71400
Revised Code;	71401

(2) An intermediate care facility for the mentally retarded,	71402
as defined in section 5111.20 of the Revised Code;	71403

(3) A medicaid managed care organization under contract with	71404
the department pursuant to section 5111.17 of the Revised Code;	71405

(4) Any other provider or type of provider designated in	71406
rules adopted under this section.	71407

(D) The department shall not process a medicaid claim	71408
submitted on or after January 1, 2013, unless the claim is	71409
submitted through an electronic claims submission process in	71410
accordance with this section.	71411

(E) The director of job and family services may adopt rules	71412
in accordance with Chapter 119. of the Revised Code as the	71413
director considers necessary to implement this section.	71414

Sec. 5111.06. (A)(1) As used in this section and in sections	71415
5111.061 and ~~5111.062~~5111.063 of the Revised Code:	71416

(a) "Provider" means any person, institution, or entity that	71417
furnishes medicaid services under a provider agreement with the	71418
department of job and family services pursuant to Title XIX of the	71419
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as	71420
amended.	71421

(b) "Party" has the same meaning as in division (G) of	71422
section 119.01 of the Revised Code.	71423

(c) "Adjudication" has the same meaning as in division (D) of	71424
section 119.01 of the Revised Code.	71425

(2) This section does not apply to any action taken by the	71426
department of job and family services under sections 5111.35 to	71427
5111.62 of the Revised Code.	71428

(B) Except as provided in division (D) of this section and	71429
section 5111.914 of the Revised Code, the department shall do	71430
either of the following by issuing an order pursuant to an	71431
adjudication conducted in accordance with Chapter 119. of the	71432
Revised Code:	71433

(1) Enter into or refuse to enter into a provider agreement	71434
with a provider, or suspend, terminate, renew, or refuse to renew	71435
an existing provider agreement with a provider;	71436

(2) Take any action based upon a final fiscal audit of a	71437
provider.	71438

(C) Any party who is adversely affected by the issuance of an	71439
adjudication order under division (B) of this section may appeal	71440
to the court of common pleas of Franklin county in accordance with	71441
section 119.12 of the Revised Code.	71442

(D) The department is not required to comply with division	71443
(B)(1) of this section whenever any of the following occur:	71444

(1) The terms of a provider agreement require the provider to	71445
hold a license, permit, or certificate or maintain a certification	71446
issued by an official, board, commission, department, division,	71447
bureau, or other agency of state or federal government other than	71448
the department of job and family services, and the license,	71449
permit, certificate, or certification has been denied, revoked,	71450
not renewed, suspended, or otherwise limited.	71451

(2) The terms of a provider agreement require the provider to	71452
hold a license, permit, or certificate or maintain certification	71453
issued by an official, board, commission, department, division,	71454
bureau, or other agency of state or federal government other than	71455
the department of job and family services, and the provider has	71456
not obtained the license, permit, certificate, or certification.	71457

(3) The provider agreement is denied, terminated, or not	71458
renewed due to the termination, refusal to renew, or denial of a	71459
license, permit, certificate, or certification by an official,	71460
board, commission, department, division, bureau, or other agency	71461
of this state other than the department of job and family	71462
services, notwithstanding the fact that the provider may hold a	71463
license, permit, certificate, or certification from an official,	71464
board, commission, department, division, bureau, or other agency	71465
of another state.	71466

(4) The provider agreement is denied, terminated, or not	71467
renewed pursuant to division (C) or (F) of section 5111.03 of the	71468
Revised Code.	71469

(5) The provider agreement is denied, terminated, or not	71470
renewed due to the provider's termination, suspension, or	71471
exclusion from the medicare program established under Title XVIII	71472
of the "Social Security Act," or from another state's medicaid	71473
program and, in either case, the termination, suspension, or	71474
exclusion is binding on the provider's participation in the	71475
medicaid program in this state.	71476

(6) The provider agreement is denied, terminated, or not	71477
renewed due to the provider's pleading guilty to or being	71478
convicted of a criminal activity materially related to either the	71479
medicare or medicaid program.	71480

(7) The provider agreement is denied, terminated, or	71481
suspended as a result of action by the United States department of	71482
health and human services and that action is binding on the	71483
provider's participation in the medicaid program.	71484

(8) ~~The~~Pursuant to either section 5111.031 or 5111.035 of	71485
the Revised Code, the provider agreement is suspended ~~pursuant to~~	71486
~~section 5111.031 of the Revised Code~~and payments to the provider	71487
are suspended pending indictment of the provider.	71488

(9) The provider agreement is denied, terminated, or not	71489
renewed because the provider or its owner, officer, authorized	71490
agent, associate, manager, or employee has been convicted of one	71491
of the offenses that caused the provider agreement to be suspended	71492
pursuant to section 5111.031 of the Revised Code.	71493

(10) The provider agreement is converted under section	71494
5111.028 of the Revised Code from a provider agreement that is not	71495
time-limited to a provider agreement that is time-limited.	71496

(11) The provider agreement is terminated or an application	71497
for re-enrollment is denied because the provider has failed to	71498
apply for re-enrollment within the time or in the manner specified	71499
for re-enrollment pursuant to section 5111.028 of the Revised	71500
Code.	71501

(12) The provider agreement is suspended or terminated, or an	71502
application for enrollment or re-enrollment is denied, for any	71503
reason authorized or required by one or more of the following: 42	71504
C.F.R. 455.106, 455.23, 455.416, 455.434, or 455.450.	71505

(13) The provider agreement is terminated or not renewed	71506
because the provider has not billed or otherwise submitted a	71507
medicaid claim to the department for two years or longer.	71508

~~(13)~~(14) The provider agreement is denied, terminated, or not	71509
renewed because the provider fails to provide to the department	71510
the national provider identifier assigned the provider by the	71511
national provider system pursuant to 45 C.F.R. 162.408.	71512

In the case of a provider described in division (D)~~(12)~~(13)	71513
or ~~(13)~~(14) of this section, the department may take its proposed	71514
action against a provider agreement by sending a notice explaining	71515
the proposed action to the provider. The notice shall be sent to	71516
the provider's address on record with the department. The notice	71517
may be sent by regular mail.	71518

(E) The department may withhold payments for services	71519
rendered by a medicaid provider under the medicaid program during	71520
the pendency of proceedings initiated under division (B)(1) of	71521
this section. If the proceedings are initiated under division	71522
(B)(2) of this section, the department may withhold payments only	71523
to the extent that they equal amounts determined in a final fiscal	71524
audit as being due the state. This division does not apply if the	71525
department fails to comply with section 119.07 of the Revised	71526
Code, requests a continuance of the hearing, or does not issue a	71527
decision within thirty days after the hearing is completed. This	71528
division does not apply to nursing facilities and intermediate	71529
care facilities for the mentally retarded as defined in section	71530
5111.20 of the Revised Code.	71531

Sec. 5111.063. For the purpose of raising funds necessary to	71532
pay the expenses of implementing the provider screening	71533
requirements of subpart E of 42 C.F.R. Part 455, the department of	71534
job and family services shall charge an application fee to a	71535
provider seeking to enter into or renew a medicaid provider	71536
agreement, unless the provider is exempt from paying the	71537
application fee under 42 C.F.R. 455.460(a). The application fees	71538
shall be deposited into the health care services administration	71539
fund created under section 5111.94 of the Revised Code.	71540

The director of job and family services shall adopt rules in	71541
accordance with Chapter 119. of the Revised Code as necessary to	71542
implement this section, including a rule establishing the amount	71543
of the application fee that is charged under this section. The	71544
amount of the application fee shall not be set at an amount that	71545
is more than necessary to pay for the expenses of implementing the	71546
provider screening requirements.	71547

Sec. 5111.085. As used in this section, "federal upper	71548
reimbursement limit" means the limit established pursuant to	71549
section 1927(e) of the "Social Security Act," 104 Stat. 1388-151	71550
(1990), 42 U.S.C. 1396r-8(e), as amended.	71551

The medicaid payment for a drug that is subject to a federal	71552
upper reimbursement limit shall not exceed, in the aggregate, the	71553
federal upper reimbursement limit for the drug. The director of	71554
job and family services shall adopt rules under section 5111.02 of	71555
the Revised Code as necessary to implement this section.	71556

Sec. 5111.113. (A) As used in this section:

71557

(1) "Adult care facility" has the same meaning as in section	71558
~~3722.01~~5119.70 of the Revised Code.	71559

(2) "Commissioner" means a person appointed by a probate	71560
court under division (B) of section 2113.03 of the Revised Code to	71561
act as a commissioner.	71562

(3) "Home" has the same meaning as in section 3721.10 of the	71563
Revised Code.	71564

(4) "Personal needs allowance account" means an account or	71565
petty cash fund that holds the money of a resident of an adult	71566
care facility or home and that the facility or home manages for	71567
the resident.	71568

(B) Except as provided in divisions (C) and (D) of this	71569
section, the owner or operator of an adult care facility or home	71570
shall transfer to the department of job and family services the	71571
money in the personal needs allowance account of a resident of the	71572
facility or home who was a recipient of the medical assistance	71573
program no earlier than sixty days but not later than ninety days	71574
after the resident dies. The adult care facility or home shall	71575
transfer the money even though the owner or operator of the	71576
facility or home has not been issued letters testamentary or	71577
letters of administration concerning the resident's estate.	71578

(C) If funeral or burial expenses for a resident of an adult	71579
care facility or home who has died have not been paid and the only	71580
resource the resident had that could be used to pay for the	71581
expenses is the money in the resident's personal needs allowance	71582
account, or all other resources of the resident are inadequate to	71583
pay the full cost of the expenses, the money in the resident's	71584
personal needs allowance account shall be used to pay for the	71585
expenses rather than being transferred to the department of job	71586
and family services pursuant to division (B) of this section.	71587

(D) If, not later than sixty days after a resident of an	71588
adult care facility or home dies, letters testamentary or letters	71589
of administration are issued, or an application for release from	71590
administration is filed under section 2113.03 of the Revised Code,	71591
concerning the resident's estate, the owner or operator of the	71592
facility or home shall transfer the money in the resident's	71593
personal needs allowance account to the administrator, executor,	71594
commissioner, or person who filed the application for release from	71595
administration.	71596

(E) The transfer or use of money in a resident's personal	71597
needs allowance account in accordance with division (B), (C), or	71598
(D) of this section discharges and releases the adult care	71599
facility or home, and the owner or operator of the facility or	71600
home, from any claim for the money from any source.	71601

(F) If, sixty-one or more days after a resident of an adult	71602
care facility or home dies, letters testamentary or letters of	71603
administration are issued, or an application for release from	71604
administration under section 2113.03 of the Revised Code is filed,	71605
concerning the resident's estate, the department of job and family	71606
services shall transfer the funds to the administrator, executor,	71607
commissioner, or person who filed the application, unless the	71608
department is entitled to recover the money under the medicaid	71609
estate recovery program instituted under section 5111.11 of the	71610
Revised Code.	71611

Sec. 5111.13. (A) As used in this section, "cost-effective"	71612
and "group health plan" have the same meanings as in section 1906	71613
of the "Social Security Act," 49104 Stat. ~~620 (1935)~~1388-161	71614
(1990), 42 U.S.C.A. 1396e, as amended, and any regulations adopted	71615
under that section.	71616

(B) The department of job and family services~~, pursuant to~~	71617
~~guidelines issued by~~may submit a medicaid state plan amendment to	71618
the United States secretary of health and human services~~, shall~~	71619
~~identify cases in which enrollment of an individual otherwise~~	71620
~~eligible for medical assistance under this chapter in a group~~	71621
~~health plan in which the individual is eligible to enroll and~~	71622
~~payment of the individual's premiums, deductibles, coinsurance,~~	71623
~~and other cost-sharing expenses is cost effective.~~	71624

~~The department shall require, as a condition of eligibility~~	71625
~~for medical assistance, individuals identified under this~~	71626
~~division, or in the case of a child, the child's parent, to apply~~	71627
~~for enrollment in the group health plan, except that the failure~~	71628
~~of a parent to enroll self or the parent's child in a group health~~	71629
~~plan does not affect the child's eligibility under the medical~~	71630
~~assistance program.~~	71631

~~The department shall pay enrollee premiums and deductibles,~~	71632
~~coinsurance, and other cost-sharing obligations for services and~~	71633
~~items otherwise covered under the medical assistance program. The~~	71634
~~department shall treat coverage under the group health plan in the~~	71635
~~same manner as any other third-party liability under the program.~~	71636
~~If not all members of a family are eligible for medical assistance~~	71637
~~and enrollment of the eligible members in a group health plan is~~	71638
~~not possible without also enrolling the members who are ineligible~~	71639
~~for medical assistance, the department shall pay the premiums for~~	71640
~~the ineligible members if the payments are cost effective. The~~	71641
~~department shall not pay deductibles, coinsurance, or other~~	71642
~~cost-sharing obligations of enrolled members who are not eligible~~	71643
~~for medical assistance.~~	71644

~~The department may make payments under this section to~~	71645
~~employers, insurers, or other entities. The department may make~~	71646
~~the payments without entering into a contract with employers,~~	71647
~~insurers, or other entities.~~	71648

~~(C) To the extent permitted by federal law and regulations,~~	71649
~~the department of job and family services shall coordinate the~~	71650
~~medical assistance program with group health plans in such a~~	71651
~~manner that the medical assistance program serves as a supplement~~	71652
~~to the group health plans. In its coordination efforts, the~~	71653
~~department shall consider cost-effectiveness and quality of care.~~	71654
~~The department may enter into agreements with group health plans~~	71655
~~as necessary to implement this division~~for the purpose of	71656
implementing a program pursuant to section 1906 of the "Social	71657
Security Act," 104 Stat. 1388-161 (1990), 42 U.S.C. 1396e, as	71658
amended, for the enrollment of medicaid-eligible individuals in	71659
group health plans when the department determines that enrollment	71660
is cost-effective.	71661

~~(D)~~(C) The director of job and family services ~~shall~~may	71662
adopt rules in accordance with Chapter 119. of the Revised Code as	71663
necessary to implement this section.	71664

Sec. 5111.14. The director of job and family services may	71665
submit to the United States secretary of health and human services	71666
an amendment to the medicaid state plan in order to implement	71667
within the medicaid program a system under which medicaid	71668
recipients with chronic conditions are provided with coordinated	71669
care through health homes, as authorized by section 1945 of the	71670
"Social Security Act," 124 Stat. 319 (2010), 42 U.S.C. 1396w-4.	71671

The director may adopt rules under section 5111.02 of the	71672
Revised Code to implement this section.	71673

~~Sec. 5111.14.~~ Sec. 5111.141. The department of job and family	71674
services may require county departments of job and family services	71675
to provide case management of nonemergency transportation services	71676
provided under the medical assistance program. County departments	71677
shall provide the case management if required by the department in	71678
accordance with rules adopted by the director of job and family	71679
services.	71680

The department shall determine, for the purposes of claiming	71681
federal reimbursement under the medical assistance program,	71682
whether it will claim expenditures for nonemergency transportation	71683
services as administrative or program expenditures.	71684

Sec. 5111.151. (A)(1) This section applies only to either of	71685
the following:	71686

(a) Initial eligibility determinations for ~~all cases~~	71687
~~involving medicaid provided pursuant to this chapter, qualified~~	71688
~~medicare beneficiaries, specified low-income medicare~~	71689
~~beneficiaries, qualifying individuals-1, qualifying individuals-2,~~	71690
~~and medical assistance for covered families and children~~the	71691
medicaid program made by the director of job and family services	71692
pursuant to section 5101.47 of the Revised Code or by a county	71693
department of job and family services pursuant to section 5111.012	71694
of the Revised Code;	71695

(b) An appeal from a determination described in division	71696
(A)(1)(a) of this section pursuant to section 5101.35 of the	71697
Revised Code.	71698

(2)(a) Except as provided in division (A)(2)(b) of this	71699
section, this section shall not be used by a court to determine	71700
the effect of a trust on an individual's initial eligibility for	71701
the medicaid program.	71702

(b) The prohibition in division (A)(2)(a) of this section	71703
does not apply to an appeal described in division (A)(1)(b) of	71704
this section.	71705

(B) As used in this section:

71706

(1) "Trust" means any arrangement in which a grantor	71707
transfers real or personal property to a trust with the intention	71708
that it be held, managed, or administered by at least one trustee	71709
for the benefit of the grantor or beneficiaries. "Trust" includes	71710
any legal instrument or device similar to a trust.	71711

(2) "Legal instrument or device similar to a trust" includes,	71712
but is not limited to, escrow accounts, investment accounts,	71713
partnerships, contracts, and other similar arrangements that are	71714
not called trusts under state law but are similar to a trust and	71715
to which all of the following apply:	71716

(a) The property in the trust is held, managed, retained, or	71717
administered by a trustee.	71718

(b) The trustee has an equitable, legal, or fiduciary duty to	71719
hold, manage, retain, or administer the property for the benefit	71720
of the beneficiary.	71721

(c) The trustee holds identifiable property for the	71722
beneficiary.	71723

(3) "Grantor" is a person who creates a trust, including all	71724
of the following:	71725

(a) An individual;

71726

(b) An individual's spouse;

71727

(c) A person, including a court or administrative body, with	71728
legal authority to act in place of or on behalf of an individual	71729
or an individual's spouse;	71730

(d) A person, including a court or administrative body, that	71731
acts at the direction or on request of an individual or the	71732
individual's spouse.	71733

(4) "Beneficiary" is a person or persons, including a	71734
grantor, who benefits in some way from a trust.	71735

(5) "Trustee" is a person who manages a trust's principal and	71736
income for the benefit of the beneficiaries.	71737

(6) "Person" has the same meaning as in section 1.59 of the	71738
Revised Code and includes an individual, corporation, business	71739
trust, estate, trust, partnership, and association.	71740

(7) "Applicant" is an individual who applies for medicaid or	71741
the individual's spouse.	71742

(8) "Recipient" is an individual who receives medicaid or the	71743
individual's spouse.	71744

(9) "Revocable trust" is a trust that can be revoked by the	71745
grantor or the beneficiary, including all of the following, even	71746
if the terms of the trust state that it is irrevocable:	71747

(a) A trust that provides that the trust can be terminated	71748
only by a court;	71749

(b) A trust that terminates on the happening of an event, but	71750
only if the event occurs at the direction or control of the	71751
grantor, beneficiary, or trustee.	71752

(10) "Irrevocable trust" is a trust that cannot be revoked by	71753
the grantor or terminated by a court and that terminates only on	71754
the occurrence of an event outside of the control or direction of	71755
the beneficiary or grantor.	71756

(11) "Payment" is any disbursal from the principal or income	71757
of the trust, including actual cash, noncash or property	71758
disbursements, or the right to use and occupy real property.	71759

(12) "Payments to or for the benefit of the applicant or	71760
recipient" is a payment to any person resulting in a direct or	71761
indirect benefit to the applicant or recipient.	71762

(13) "Testamentary trust" is a trust that is established by a	71763
will and does not take effect until after the death of the person	71764
who created the trust.	71765

(C)(1) If an applicant or recipient is a beneficiary of a	71766
trust, the county department of job and family services shall	71767
determine what type of trust it is and shall treat the trust in	71768
accordance with the appropriate provisions of this section and	71769
rules adopted by the department of job and family services	71770
governing trusts. The county department of job and family services	71771
may determine that the trust or portion of the trust ~~is one of the~~	71772
~~following~~:	71773

~~(1) A countable~~(a) Is a resource available to the applicant	71774
or recipient;	71775

~~(2) Countable~~(b) Contains income available to the applicant	71776
or recipient;	71777

~~(3) A countable resource and countable income~~(c) Constitutes	71778
both items described in divisions (C)(1)(a) and (b) of this	71779
section;	71780

~~(4) Not a countable resource or countable income~~(d) Is	71781
neither an item described in division (C)(1)(a) nor (C)(1)(b) of	71782
this section.	71783

(2) Except as provided in division (F) of this section, a	71784
trust or portion of a trust that is a resource available to the	71785
applicant or recipient or contains income available to the	71786
applicant or recipient shall be counted for purposes of	71787
determining medicaid eligibility.	71788

(D)(1) A trust or legal instrument or device similar to a	71789
trust shall be considered a medicaid qualifying trust if all of	71790
the following apply:	71791

(a) The trust was established on or prior to August 10, 1993.

71792

(b) The trust was not established by a will.

71793

71794

(d) The applicant or recipient is or may become the	71795
beneficiary of all or part of the trust.	71796

(e) Payment from the trust is determined by one or more	71797
trustees who are permitted to exercise any discretion with respect	71798
to the distribution to the applicant or recipient.	71799

(2) If a trust meets the requirement of division (D)(1) of	71800
this section, the amount of the trust that is considered by the	71801
county department of job and family services ~~as an available~~to be	71802
a resource available to the applicant or recipient shall be the	71803
maximum amount of payments permitted under the terms of the trust	71804
to be distributed to the applicant or recipient, assuming the full	71805
exercise of discretion by the trustee or trustees. The maximum	71806
amount shall include only amounts that are permitted to be	71807
distributed but are not distributed from either the income or	71808
principal of the trust.	71809

(3) Amounts that are actually distributed from a medicaid	71810
qualifying trust to a beneficiary for any purpose shall be treated	71811
in accordance with rules adopted by the department of job and	71812
family services governing income.	71813

(4) Availability of a medicaid qualifying trust shall be	71814
considered without regard to any of the following:	71815

(a) Whether or not the trust is irrevocable or was	71816
established for purposes other than to enable a grantor to qualify	71817
for medicaid, medical assistance for covered families and	71818
children, or as a qualified medicare beneficiary, specified	71819
low-income medicare beneficiary, qualifying individual-1, or	71820
qualifying individual-2;	71821

(b) Whether or not the trustee actually exercises discretion.

71822

(5) If any real or personal property is transferred to a	71823
medicaid qualifying trust that is not distributable to the	71824
applicant or recipient, the transfer shall be considered an	71825
improper disposition of assets and shall be subject to section	71826
5111.0116 of the Revised Code and rules to implement that section	71827
adopted under section 5111.011 of the Revised Code.	71828

(6) The baseline date for the look-back period for	71829
disposition of assets involving a medicaid qualifying trust shall	71830
be the date on which the applicant or recipient is both	71831
institutionalized and first applies for medicaid.	71832

(E)(1) A trust or legal instrument or device similar to a	71833
trust shall be considered a self-settled trust if all of the	71834
following apply:	71835

(a) The trust was established on or after August 11, 1993.

71836

(b) The trust was not established by a will.

71837

(c) The trust was established by an applicant or recipient,	71838
spouse of an applicant or recipient, or a person, including a	71839
court or administrative body, with legal authority to act in place	71840
of or on behalf of an applicant, recipient, or spouse, or acting	71841
at the direction or on request of an applicant, recipient, or	71842
spouse.	71843

(2) A trust that meets the requirements of division (E)(1) of	71844
this section and is a revocable trust shall be treated by the	71845
county department of job and family services as follows:	71846

(a) The corpus of the trust shall be considered a resource	71847
available to the applicant or recipient.	71848

(b) Payments from the trust to or for the benefit of the	71849
applicant or recipient shall be considered unearned income of the	71850
applicant or recipient.	71851

(c) Any other payments from the trust shall be considered an	71852
improper disposition of assets and shall be subject to section	71853
5111.0116 of the Revised Code and rules to implement that section	71854
adopted under section 5111.011 of the Revised Code.	71855

(3) A trust that meets the requirements of division (E)(1) of	71856
this section and is an irrevocable trust shall be treated by the	71857
county department of job and family services as follows:	71858

(a) If there are any circumstances under which payment from	71859
the trust could be made to or for the benefit of the applicant or	71860
recipient, including a payment that can be made only in the	71861
future, the portion from which payments could be made shall be	71862
considered a resource available to the applicant or recipient. The	71863
county department of job and family services shall not take into	71864
account when payments can be made.	71865

(b) Any payment that is actually made to or for the benefit	71866
of the applicant or recipient from either the corpus or income	71867
shall be considered unearned income.	71868

(c) If a payment is made to someone other than to the	71869
applicant or recipient and the payment is not for the benefit of	71870
the applicant or recipient, the payment shall be considered an	71871
improper disposition of assets and shall be subject to section	71872
5111.0116 of the Revised Code and rules to implement that section	71873
adopted under section 5111.011 of the Revised Code.	71874

(d) The date of the disposition shall be the later of the	71875
date of establishment of the trust or the date of the occurrence	71876
of the event.	71877

(e) When determining the value of the disposed asset under	71878
this provision, the value of the trust shall be its value on the	71879
date payment to the applicant or recipient was foreclosed.	71880

(f) Any income earned or other resources added subsequent to	71881
the foreclosure date shall be added to the total value of the	71882
trust.	71883

(g) Any payments to or for the benefit of the applicant or	71884
recipient after the foreclosure date but prior to the application	71885
date shall be subtracted from the total value. Any other payments	71886
shall not be subtracted from the value.	71887

(h) Any addition of assets after the foreclosure date shall	71888
be considered a separate disposition.	71889

(4) If a trust is funded with assets of another person or	71890
persons in addition to assets of the applicant or recipient, the	71891
applicable provisions of this section and rules adopted by the	71892
department of job and family services governing trusts shall apply	71893
only to the portion of the trust attributable to the applicant or	71894
recipient.	71895

(5) The availability of a self-settled trust shall be	71896
considered without regard to any of the following:	71897

(a) The purpose for which the trust is established;

71898

(b) Whether the trustees have exercised or may exercise	71899
discretion under the trust;	71900

(c) Any restrictions on when or whether distributions may be	71901
made from the trust;	71902

(d) Any restrictions on the use of distributions from the	71903
trust.	71904

(6) The baseline date for the look-back period for	71905
dispositions of assets involving a self-settled trust shall be the	71906
date on which the applicant or recipient is both institutionalized	71907
and first applies for medicaid.	71908

(F) The principal or income from any of the following shall	71909
~~be exempt from being counted as~~not be a resource ~~by a county~~	71910
~~department of job and family services~~available to the applicant	71911
or recipient:	71912

(1)(a) A special needs trust that meets all of the following	71913
requirements:	71914

(i) The trust contains assets of an applicant or recipient	71915
under sixty-five years of age and may contain the assets of other	71916
individuals.	71917

(ii) The applicant or recipient is disabled as defined in	71918
rules adopted by the department of job and family services.	71919

(iii) The trust is established for the benefit of the	71920
applicant or recipient by a parent, grandparent, legal guardian,	71921
or a court.	71922

(iv) The trust requires that on the death of the applicant or	71923
recipient the state will receive all amounts remaining in the	71924
trust up to an amount equal to the total amount of medicaid paid	71925
on behalf of the applicant or recipient.	71926

(b) If a special needs trust meets the requirements of	71927
division (F)(1)(a) of this section and has been established for a	71928
disabled applicant or recipient under sixty-five years of age, the	71929
exemption for the trust granted pursuant to division (F) of this	71930
section shall continue after the disabled applicant or recipient	71931
becomes sixty-five years of age if the applicant or recipient	71932
continues to be disabled as defined in rules adopted by the	71933
department of job and family services. Except for income earned by	71934
the trust, the grantor shall not add to or otherwise augment the	71935
trust after the applicant or recipient attains sixty-five years of	71936
age. An addition or augmentation of the trust by the applicant or	71937
recipient with the applicant's own assets after the applicant or	71938
recipient attains sixty-five years of age shall be treated as an	71939
improper disposition of assets.	71940

(c) Cash distributions to the applicant or recipient shall be	71941
counted as unearned income. All other distributions from the trust	71942
shall be treated as provided in rules adopted by the department of	71943
job and family services governing in-kind income.	71944

(d) Transfers of assets to a special needs trust shall not be	71945
treated as an improper transfer of resources. ~~Assets~~An Asset held	71946
prior to the transfer to the trust shall be considered as	71947
~~countable assets or countable~~a resource available to the	71948
applicant or recipient, income available to the applicant or	71949
recipient, or ~~countable assets~~both a resource and income	71950
available to the individual.	71951

(2)(a) A qualifying income trust that meets all of the	71952
following requirements:	71953

(i) The trust is composed only of pension, social security,	71954
and other income to the applicant or recipient, including	71955
accumulated interest in the trust.	71956

(ii) The income is received by the individual and the right	71957
to receive the income is not assigned or transferred to the trust.	71958

(iii) The trust requires that on the death of the applicant	71959
or recipient the state will receive all amounts remaining in the	71960
trust up to an amount equal to the total amount of medicaid paid	71961
on behalf of the applicant or recipient.	71962

(b) No resources shall be used to establish or augment the	71963
trust.	71964

(c) If an applicant or recipient has irrevocably transferred	71965
or assigned the applicant's or recipient's right to receive income	71966
to the trust, the trust shall not be considered a qualifying	71967
income trust by the county department of job and family services.	71968

(d) Income placed in a qualifying income trust shall not be	71969
counted in determining an applicant's or recipient's eligibility	71970
for medicaid. The recipient of the funds may place any income	71971
directly into a qualifying income trust without those funds	71972
adversely affecting the applicant's or recipient's eligibility for	71973
medicaid. Income generated by the trust that remains in the trust	71974
shall not be considered as income to the applicant or recipient.	71975

(e) All income placed in a qualifying income trust shall be	71976
combined with any ~~countable~~ income available to the individual	71977
that is not placed in the trust to arrive at a base income figure	71978
to be used for spend down calculations.	71979

(f) The base income figure shall be used for post-eligibility	71980
deductions, including personal needs allowance, monthly income	71981
allowance, family allowance, and medical expenses not subject to	71982
third party payment. Any income remaining shall be used toward	71983
payment of patient liability. Payments made from a qualifying	71984
income trust shall not be combined with the base income figure for	71985
post-eligibility calculations.	71986

(g) The base income figure shall be used when determining the	71987
spend down budget for the applicant or recipient. Any income	71988
remaining after allowable deductions are permitted as provided	71989
under rules adopted by the department of job and family services	71990
shall be considered the applicant's or recipient's spend down	71991
liability.	71992

(3)(a) A pooled trust that meets all of the following	71993
requirements:	71994

(i) The trust contains the assets of the applicant or	71995
recipient ~~of any~~under sixty-five years of age who is disabled as	71996
defined in rules adopted by the department of job and family	71997
services.	71998

(ii) The trust is established and managed by a nonprofit	71999
association.	72000

(iii) A separate account is maintained for each beneficiary	72001
of the trust but, for purposes of investment and management of	72002
funds, the trust pools the funds in these accounts.	72003

(iv) Accounts in the trust are established by the applicant	72004
or recipient, the applicant's or recipient's parent, grandparent,	72005
or legal guardian, or a court solely for the benefit of	72006
individuals who are disabled.	72007

(v) The trust requires that, to the extent that any amounts	72008
remaining in the beneficiary's account on the death of the	72009
beneficiary are not retained by the trust, the trust pay to the	72010
state the amounts remaining in the trust up to an amount equal to	72011
the total amount of medicaid paid on behalf of the beneficiary.	72012

(b) Cash distributions to the applicant or recipient shall be	72013
counted as unearned income. All other distributions from the trust	72014
shall be treated as provided in rules adopted by the department of	72015
job and family services governing in-kind income.	72016

(c) Transfers of assets to a pooled trust shall not be	72017
treated as an improper disposition of assets. ~~Assets~~An asset held	72018
prior to the transfer to the trust shall be considered as	72019
~~countable assets, countable~~a resource available to the applicant	72020
or recipient, income available to the applicant or recipient, or	72021
~~countable assets~~both a resource and income available to the	72022
applicant or recipient.	72023

(4) A supplemental services trust that meets the requirements	72024
of section 5815.28 of the Revised Code and to which all of the	72025
following apply:	72026

(a) A person may establish a supplemental services trust	72027
pursuant to section 5815.28 of the Revised Code only for another	72028
person who is eligible to receive services through one of the	72029
following agencies:	72030

(i) The department of developmental disabilities;

72031

(ii) A county board of developmental disabilities;

72032

(iii) The department of mental health;

72033

(iv) A board of alcohol, drug addiction, and mental health	72034
services.	72035

(b) A county department of job and family services shall not	72036
determine eligibility for another agency's program. An applicant	72037
or recipient shall do one of the following:	72038

(i) Provide documentation from one of the agencies listed in	72039
division (F)(4)(a) of this section that establishes that the	72040
applicant or recipient was determined to be eligible for services	72041
from the agency at the time of the creation of the trust;	72042

(ii) Provide an order from a court of competent jurisdiction	72043
that states that the applicant or recipient was eligible for	72044
services from one of the agencies listed in division (F)(4)(a) of	72045
this section at the time of the creation of the trust.	72046

(c) At the time the trust is created, the trust principal	72047
does not exceed the maximum amount permitted. The maximum amount	72048
permitted in calendar year 2006 is two hundred twenty-two thousand	72049
dollars. Each year thereafter, the maximum amount permitted is the	72050
prior year's amount plus two thousand dollars.	72051

(d) A county department of job and family services shall	72052
review the trust to determine whether it complies with the	72053
provisions of section 5815.28 of the Revised Code.	72054

(e) Payments from supplemental services trusts shall be	72055
exempt as long as the payments are for supplemental services as	72056
defined in rules adopted by the department of job and family	72057
services. All supplemental services shall be purchased by the	72058
trustee and shall not be purchased through direct cash payments to	72059
the beneficiary.	72060

(f) If a trust is represented as a supplemental services	72061
trust and a county department of job and family services	72062
determines that the trust does not meet the requirements provided	72063
in division (F)(4) of this section and section 5815.28 of the	72064
Revised Code, the county department of job and family services	72065
shall not consider it an exempt trust.	72066

(G)(1) A trust or legal instrument or device similar to a	72067
trust shall be considered a trust established by an individual for	72068
the benefit of the applicant or recipient if all of the following	72069
apply:	72070

(a) The trust is created by a person other than the applicant	72071
or recipient.	72072

(b) The trust names the applicant or recipient as a	72073
beneficiary.	72074

(c) The trust is funded with assets or property in which the	72075
applicant or recipient has never held an ownership interest prior	72076
to the establishment of the trust.	72077

(2) Any portion of a trust that meets the requirements of	72078
division (G)(1) of this section shall be ~~an available~~a resource	72079
available to the applicant or recipient only if the trust permits	72080
the trustee to expend principal, corpus, or assets of the trust	72081
for the applicant's or recipient's medical care, care, comfort,	72082
maintenance, health, welfare, general well being, or any	72083
combination of these purposes.	72084

(3) A trust that meets the requirements of division (G)(1) of	72085
this section shall be considered ~~an available~~a resource available	72086
to the applicant or recipient even if the trust contains any of	72087
the following types of provisions:	72088

(a) A provision that prohibits the trustee from making	72089
payments that would supplant or replace medicaid or other public	72090
assistance;	72091

(b) A provision that prohibits the trustee from making	72092
payments that would impact or have an effect on the applicant's or	72093
recipient's right, ability, or opportunity to receive medicaid or	72094
other public assistance;	72095

(c) A provision that attempts to prevent the trust or its	72096
corpus or principal from being ~~counted as an available~~a resource	72097
available to the applicant or recipient.	72098

(4) A trust that meets the requirements of division (G)(1) of	72099
this section shall not be counted as ~~an available~~a resource	72100
available to the applicant or recipient if at least one of the	72101
following circumstances applies:	72102

(a) If a trust contains a clear statement requiring the	72103
trustee to preserve a portion of the trust for another beneficiary	72104
or remainderman, that portion of the trust shall not be counted as	72105
~~an available~~a resource available to the applicant or recipient.	72106
Terms of a trust that grant discretion to preserve a portion of	72107
the trust shall not qualify as a clear statement requiring the	72108
trustee to preserve a portion of the trust.	72109

(b) If a trust contains a clear statement requiring the	72110
trustee to use a portion of the trust for a purpose other than	72111
medical care, care, comfort, maintenance, welfare, or general well	72112
being of the applicant or recipient, that portion of the trust	72113
shall not be counted as ~~an available~~a resource available to the	72114
applicant or recipient. Terms of a trust that grant discretion to	72115
limit the use of a portion of the trust shall not qualify as a	72116
clear statement requiring the trustee to use a portion of the	72117
trust for a particular purpose.	72118

(c) If a trust contains a clear statement limiting the	72119
trustee to making fixed periodic payments, the trust shall not be	72120
counted as ~~an available~~a resource available to the applicant or	72121
recipient and payments shall be treated in accordance with rules	72122
adopted by the department of job and family services governing	72123
income. Terms of a trust that grant discretion to limit payments	72124
shall not qualify as a clear statement requiring the trustee to	72125
make fixed periodic payments.	72126

(d) If a trust contains a clear statement that requires the	72127
trustee to terminate the trust if it is counted as ~~an available~~a	72128
resource available to the applicant or recipient, the trust shall	72129
not be counted as ~~an available resource~~such. Terms of a trust	72130
that grant discretion to terminate the trust do not qualify as a	72131
clear statement requiring the trustee to terminate the trust.	72132

(e) If a person obtains a judgment from a court of competent	72133
jurisdiction that expressly prevents the trustee from using part	72134
or all of the trust for the medical care, care, comfort,	72135
maintenance, welfare, or general well being of the applicant or	72136
recipient, the trust or that portion of the trust subject to the	72137
court order shall not be counted as a resource available to the	72138
applicant or recipient.	72139

(f) If a trust is specifically exempt from being counted as	72140
~~an available~~a resource available to the applicant or recipient by	72141
a provision of the Revised Code, rules, or federal law, the trust	72142
shall not be counted as ~~a resource~~such.	72143

(g) If an applicant or recipient presents a final judgment	72144
from a court demonstrating that the applicant or recipient was	72145
unsuccessful in a civil action against the trustee to compel	72146
payments from the trust, the trust shall not be counted as an	72147
~~available~~a resource available to the applicant or recipient.	72148

(h) If an applicant or recipient presents a final judgment	72149
from a court demonstrating that in a civil action against the	72150
trustee the applicant or recipient was only able to compel limited	72151
or periodic payments, the trust shall not be counted as an	72152
~~available~~a resource available to the applicant or recipient and	72153
payments shall be treated in accordance with rules adopted by the	72154
department of job and family services governing income.	72155

(i) If an applicant or recipient provides written	72156
documentation showing that the cost of a civil action brought to	72157
compel payments from the trust would be cost prohibitive, the	72158
trust shall not be counted as ~~an available~~a resource available to	72159
the applicant or recipient.	72160

(5) Any actual payments to the applicant or recipient from a	72161
trust that meet the requirements of division (G)(1) of this	72162
section, including trusts that are not counted as ~~an available~~a	72163
resource available to the applicant or recipient, shall be treated	72164
as provided in rules adopted by the department of job and family	72165
services governing income. Payments to any person other than the	72166
applicant or recipient shall not be considered income to the	72167
applicant or recipient. Payments from the trust to a person other	72168
than the applicant or recipient shall not be considered an	72169
improper disposition of assets.	72170

Sec. 5111.16. (A) As part of the medicaid program, the	72171
department of job and family services shall establish a care	72172
management system. The department shall submit, if necessary,	72173
applications to the United States department of health and human	72174
services for waivers of federal medicaid requirements that would	72175
otherwise be violated in the implementation of the system.	72176

(B) The department shall implement the care management system	72177
in some or all counties and shall designate the medicaid	72178
recipients who are required or permitted to participate in the	72179
system. In the department's implementation of the system and	72180
designation of participants, all of the following apply:	72181

(1) In the case of individuals who receive medicaid on the	72182
basis of being included in the category identified by the	72183
department as covered families and children, the department shall	72184
implement the care management system in all counties. All	72185
individuals included in the category shall be designated for	72186
participation, except for individuals included in one or more of	72187
the medicaid recipient groups specified in 42 C.F.R. 438.50(d).	72188
The department shall ensure that all participants are enrolled in	72189
health insuring corporations under contract with the department	72190
pursuant to section 5111.17 of the Revised Code.	72191

(2) In the case of individuals who receive medicaid on the	72192
basis of being aged, blind, or disabled, as specified in division	72193
(A)(2) of section 5111.01 of the Revised Code, the department	72194
shall implement the care management system in all counties. ~~All~~	72195
Except as provided in division (C) of this section, all	72196
individuals included in the category shall be designated for	72197
participation~~, except for the individuals specified in divisions~~	72198
~~(B)(2)(a) to (e) of this section~~. The department shall ensure that	72199
all participants are enrolled in health insuring corporations	72200
under contract with the department pursuant to section 5111.17 of	72201
the Revised Code.	72202

In(3) Alcohol, drug addiction, and mental health services	72203
covered by medicaid shall not be included in any component of the	72204
care management system when the nonfederal share of the cost of	72205
those services is provided by a board of alcohol, drug addiction,	72206
and mental health services or a state agency other than the	72207
department of job and family services, but the recipients of those	72208
services may otherwise be designated for participation in the	72209
system.	72210

(C)(1) In designating participants who receive medicaid on	72211
the basis of being aged, blind, or disabled, the department shall	72212
not include any of the following, except as provided under	72213
division (C)(2) of this section:	72214

(a) Individuals who are under twenty-one years of age;

72215

(b) Individuals who are institutionalized;

72216

(c) Individuals who become eligible for medicaid by spending	72217
down their income or resources to a level that meets the medicaid	72218
program's financial eligibility requirements;	72219

(d) Individuals who are dually eligible under the medicaid	72220
program and the medicare program established under Title XVIII of	72221
the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1395, as	72222
amended;	72223

(e) Individuals to the extent that they are receiving	72224
medicaid services through a medicaid waiver component, as defined	72225
in section 5111.85 of the Revised Code.	72226

~~(3) Alcohol, drug addiction, and mental health services~~	72227
~~covered by medicaid shall not be included in any component of the~~	72228
~~care management system when the nonfederal share of the cost of~~	72229
~~those services is provided by a board of alcohol, drug addiction,~~	72230
~~and mental health services or a state agency other than the~~	72231
~~department of job and family services, but the recipients of those~~	72232
~~services may otherwise be designated for participation in the~~	72233
~~system.~~	72234

~~(C)~~(2) If any necessary waiver of federal medicaid	72235
requirements is granted, the department may designate any of the	72236
following individuals who receive medicaid on the basis of being	72237
aged, blind, or disabled as individuals who are permitted or	72238
required to participate in the care management system:	72239

(a) Individuals who are under twenty-one years of age;

72240

(b) Individuals who reside in a nursing facility, as defined	72241
in section 5111.20 of the Revised Code;	72242

(c) Individuals who, as an alternative to receiving nursing	72243
facility services, are participating in a home and community-based	72244
services medicaid waiver component, as defined in section 5111.85	72245
of the Revised Code;	72246

(d) Individuals who are dually eligible under the medicaid	72247
program and the medicare program.	72248

(D) Subject to division (B) of this section, the department	72249
may do both of the following under the care management system:	72250

(1) Require or permit participants in the system to obtain	72251
health care services from providers designated by the department;	72252

(2) Require or permit participants in the system to obtain	72253
health care services through managed care organizations under	72254
contract with the department pursuant to section 5111.17 of the	72255
Revised Code.	72256

~~(D)~~(E)(1) The department shall prepare an annual report on	72257
the care management system. The report shall address the	72258
department's ability to implement the system, including all of the	72259
following components:	72260

(a) The required designation of participants included in the	72261
category identified by the department as covered families and	72262
children;	72263

(b) The required designation of participants included in the	72264
aged, blind, or disabled category of medicaid recipients;	72265

72266

(2) The department shall submit each annual report to the	72267
general assembly. The first report shall be submitted not later	72268
than October 1, 2007.	72269

~~(E)~~(F) The director of job and family services may adopt	72270
rules in accordance with Chapter 119. of the Revised Code to	72271
implement this section.	72272

Sec. 5111.161. (A) This section applies if the department of	72273
job and family services includes in the care management system,	72274
pursuant to section 5111.16 of the Revised Code, individuals under	72275
twenty-one years of age who receive medicaid on the basis of being	72276
aged, blind, or disabled.	72277

(B) For the purpose of developing a system for the provision	72278
of care management services to the individuals specified in	72279
division (A) of this section, the department may do either of the	72280
following:	72281

(1) Enter into contracts with health insuring corporations to	72282
serve as pediatric accountable care organizations;	72283

(2) Require that a managed care organization under contract	72284
with the department pursuant to section 5111.17 of the Revised	72285
Code enter into a subcontract with an intermediary organization,	72286
as defined in section 1751.01 of the Revised Code, to provide the	72287
care management services.	72288

(C)(1) To qualify for a contract with the department under	72289
division (B)(1) of this section, a health insuring corporation	72290
shall meet both of the following:	72291

(a) The same financial, network, filing, reporting, and	72292
disclosure requirements and accreditation standards that health	72293
insuring corporations are required to meet to be eligible for a	72294
contract with the department pursuant to section 5111.17 of the	72295
Revised Code;	72296

(b) The criteria specified in rules adopted under this	72297
section to qualify for the contract.	72298

(2) To qualify for a subcontract with a managed care	72299
organization under division (B)(2) of this section, an	72300
intermediary organization shall meet both of the following:	72301

(a) The requirements of division (H) of section 1751.02 of	72302
the Revised Code to certify to the superintendent of insurance	72303
annually, and to provide a signed statement that includes, the	72304
information specified in that division;	72305

(b) The criteria specified in rules adopted under this	72306
section to qualify for the subcontract.	72307

(D) On determining that a health insuring corporation seeking	72308
a contract to serve as a pediatric accountable care organization	72309
is qualified for the contract, as provided under division (C)(1)	72310
of this section, the department may contract with the health	72311
insuring corporation to serve in that capacity. The department's	72312
determination of whether to enter into a contract with the health	72313
insuring corporation shall be based on evidence or other	72314
documentation submitted by the health insuring corporation, as	72315
required by the department under rules adopted under this section.	72316

The department's determination to refuse to enter into a	72317
contract with a health insuring corporation may not be appealed. A	72318
health insuring corporation that is denied a contract may seek	72319
another contract to serve as a pediatric accountable care	72320
organization, but not earlier than six months after the most	72321
recent contract denial.	72322

(E) The department shall adopt rules as necessary to	72323
implement this section. The rules shall be adopted in accordance	72324
with Chapter 119. of the Revised Code. In adopting the rules, the	72325
department shall specify the following:	72326

(1) The minimum criteria that a health insuring corporation	72327
must meet to qualify for a contract with the department to serve	72328
as a pediatric accountable care organization, including criteria	72329
that incorporates the minimum criteria established by federal law;	72330

(2) The evidence or other documentation that a health	72331
insuring corporation must submit to the department when seeking a	72332
contract to serve as an accountable care organization;	72333

(3) The minimum criteria that an intermediary organization	72334
must meet to qualify for a subcontract with a managed care	72335
organization to provide care management services to the	72336
individuals specified in division (A) of this section who are	72337
enrolled in the organization.	72338

Sec. 5111.162. (A) As used in this section:

72339

(1) "Emergency services" has the same meaning as in section	72340
1932(b)(2) of the "Social Security Act," 79 Stat. 286 (1965), 42	72341
U.S.C. 1396u-2(b)(2), as amended.	72342

(2) "Medicaid managed care organization" means a managed care	72343
organization that has entered into a contract with the department	72344
of job and family services pursuant to section 5111.17 of the	72345
Revised Code.	72346

(3) "Hospital" has the same meaning as in section 3727.01 of	72347
the Revised Code.	72348

(4) "Hospital system" means one or more hospitals owned or	72349
controlled by the same organization for the purposes of	72350
coordinating and delivering health services within a geographic	72351
area selected by the organization.	72352

(5) "Hospital system provider" means a health care provider	72353
that is employed, owned, leased, managed, or otherwise controlled	72354
by a hospital system, including a physician, a business entity	72355
under which one or more physicians practice, a provider of	72356
ancillary health services, and any other type of provider	72357
specified in rules adopted under this section.	72358

(B) ~~Except as provided in division (C) of this section, when~~	72359
~~a participant in the care management system established under~~	72360
~~section 5111.16 of the Revised Code is enrolled in a medicaid~~	72361
~~managed care organization and the organization refers the~~	72362
~~participant to receive services, other than emergency services~~	72363
~~provided on or after January 1, 2007, at a hospital that~~	72364
~~participates in the medicaid program but is not under contract~~	72365
~~with the organization, the hospital shall provide the service for~~	72366
~~which the referral was made and shall accept from the~~	72367
~~organization, as payment in full, the amount derived from the~~	72368
~~reimbursement rate used by the department to reimburse other~~	72369
~~hospitals of the same type for providing the same service to a~~	72370
~~medicaid recipient who is not enrolled in a medicaid managed care~~	72371
~~organization.~~	72372

~~(C) A hospital is not subject to division (B) of this section~~	72373
~~if all of the following are the case:~~	72374

~~(1) The hospital is located in a county in which participants~~	72375
~~in the care management system are required before January 1, 2006,~~	72376
~~to be enrolled in a medicaid managed care organization that is a~~	72377
~~health insuring corporation;~~	72378

~~(2) The hospital has entered into a contract before January~~	72379
~~1, 2006, with at least one health insuring corporation serving the~~	72380
~~participants specified in division (C)(1) of this section;~~	72381

~~(3) The hospital remains under contract with at least one~~	72382
~~health insuring corporation serving participants in the care~~	72383
~~management system who are required to be enrolled in a health~~	72384
~~insuring corporation.~~	72385

~~(D) The director of job and family services shall adopt rules~~	72386
~~specifying the circumstances under which a medicaid managed care~~	72387
~~organization is permitted to refer a participant in the care~~	72388
~~management system to a hospital that is not under contract with~~	72389
~~the organization. The~~If a hospital or hospital system provider	72390
participates in the medicaid program but is not under contract	72391
with a particular medicaid managed care organization, all of the	72392
following apply with respect to that managed care organization and	72393
that hospital or hospital system provider:	72394

(1) When the organization authorizes a service or services to	72395
be provided to an individual who is enrolled in the organization	72396
as a participant in the care management system established under	72397
section 5111.16 of the Revised Code, the hospital or hospital	72398
system provider shall provide to the individual the service or	72399
services authorized by the organization, including inpatient and	72400
outpatient services, as long as the service or services are	72401
medically necessary and covered by medicaid.	72402

(2) Except as provided in division (B)(3) of this section,	72403
the hospital or hospital system provider shall accept from the	72404
organization, as payment in full for providing the authorized	72405
service or services, the same amount that the department of job	72406
and family services would reimburse the hospital or hospital	72407
system provider for providing the authorized service or services	72408
to a medicaid recipient who is not enrolled in a medicaid managed	72409
care organization.	72410

(3) Emergency services provided to the individual are subject	72411
to reimbursement under section 5111.163 of the Revised Code.	72412

(C) The director of job and family services may adopt ~~any~~	72413
~~other~~ rules as necessary to implement this section. All rules	72414
adopted under this section shall be adopted in accordance with	72415
Chapter 119. of the Revised Code.	72416

Sec. 5111.17. (A) The department of job and family services	72417
may enter into contracts with managed care organizations,	72418
including health insuring corporations, under which the	72419
organizations are authorized to provide, or arrange for the	72420
provision of, health care services to medical assistance	72421
recipients who are required or permitted to obtain health care	72422
services through managed care organizations as part of the care	72423
management system established under section 5111.16 of the Revised	72424
Code.	72425

(B) The department or its actuary shall base the hospital	72426
inpatient capital payment portion of the payment made to managed	72427
care organizations on data for services provided to all recipients	72428
enrolled in managed care organizations with which the department	72429
contracts, as reported by hospitals on relevant cost reports	72430
submitted pursuant to rules adopted under this section.	72431

(C) The director of job and family services may adopt rules	72432
in accordance with Chapter 119. of the Revised Code to implement	72433
this section.	72434

~~(C)~~(D) The department of job and family services shall allow	72435
a managed care ~~plans~~organization to use providers to render care	72436
upon completion of the managed care ~~plan's~~organization's	72437
credentialing process.	72438

Sec. 5111.172. (A) When contracting under section 5111.17 of	72439
the Revised Code with a managed care organization that is a health	72440
insuring corporation, the department of job and family services	72441
~~may~~shall require the health insuring corporation to provide	72442
coverage of prescription drugs for medicaid recipients enrolled in	72443
the health insuring corporation. In providing the required	72444
coverage, the health insuring corporation may, subject to the	72445
department's approval and the limitations specified in division	72446
(B) of this section, use strategies for the management of drug	72447
utilization.	72448

(B) The department shall not permit a health insuring	72449
corporation to impose a prior authorization requirement in the	72450
case of a drug to which all of the following apply:	72451

(1) The drug is an antidepressant or antipsychotic.

72452

(2) The drug is administered or dispensed in a standard	72453
tablet or capsule form, except that in the case of an	72454
antipsychotic, the drug also may be administered or dispensed in a	72455
long-acting injectable form.	72456

(3) The drug is prescribed by a physician whom the health	72457
insuring corporation, pursuant to division (C) of section 5111.17	72458
of the Revised Code, has credentialed to provide care as a	72459
psychiatrist.	72460

(C) As used in this division, "controlled substance" has the	72461
same meaning as in section 3719.01 of the Revised Code.	72462

IfThe department shall permit a health insuring corporation	72463
~~is required under this section to provide coverage of prescription~~	72464
~~drugs, the department shall permit the health insuring corporation~~	72465
to develop and implement a pharmacy utilization management program	72466
under which prior authorization through the program is established	72467
as a condition of obtaining a controlled substance pursuant to a	72468
prescription. The program may include processes for requiring	72469
medicaid recipients at high risk for fraud or abuse involving	72470
controlled substances to have their prescriptions for controlled	72471
substances filled by a pharmacy, medical provider, or health care	72472
facility designated by the program.	72473

Sec. 5111.179. (A) The department of job and family services	72474
shall establish a managed care performance payment program. Under	72475
the program, the department may provide payments to managed care	72476
organizations under contract with the department pursuant to	72477
section 5111.17 of the Revised Code that meet performance	72478
standards established by the department.	72479

In establishing performance standards, the department shall	72480
use the most recent healthcare effectiveness data and information	72481
set and quality measurement tool established by the national	72482
committee for quality assurance.	72483

The standards that must be met to receive the payments may be	72484
specified in the contract the department enters into with a	72485
managed care organization.	72486

If a managed care organization meets the performance	72487
standards established by the department, the department shall make	72488
one or more performance payments to the organization. The number	72489
of payments and the schedule for making the payments shall be	72490
established by the department. The payments shall be discontinued	72491
if the department determines that the organization no longer meets	72492
the performance standards. The department shall not make or	72493
discontinue payments based on any performance standard that has	72494
been in effect as part of the organization's contract for less	72495
than six months.	72496

(B) For purposes of the program, the department shall	72497
establish an amount that is to be withheld each time a premium	72498
payment is made to a managed care organization. The amount shall	72499
be established as a percentage of each premium payment. The	72500
percentage shall be the same for all managed care organizations	72501
under contract with the department. The sum of all withholdings	72502
under this division shall not exceed one per cent of the total of	72503
all premium payments made to all managed care organizations under	72504
contract with the department.	72505

Each managed care organization shall agree to the withholding	72506
as a condition of receiving or maintaining its medicaid provider	72507
agreement with the department.	72508

When the amount is established and each time the amount is	72509
modified thereafter, the department shall certify the amount to	72510
the director of budget and management and begin withholding the	72511
amount from each premium the department pays to a managed care	72512
organization.	72513

(C) There is hereby created in the state treasury the managed	72514
care performance payment fund. The fund shall consist of amounts	72515
transferred to it by the director of budget and management for the	72516
purpose of the program. All investment earnings of the fund shall	72517
be credited to the fund. Amounts in the fund shall be used solely	72518
to make performance payments to managed care organizations in	72519
accordance with this section.	72520

(D) The department may adopt rules as necessary to implement	72521
this section. The rules shall be adopted in accordance with	72522
Chapter 119. of the Revised Code.	72523

Sec. 5111.20. As used in sections 5111.20 to ~~5111.34~~5111.33	72524
of the Revised Code:	72525

(A) "Allowable costs" are those costs determined by the	72526
department of job and family services to be reasonable and do not	72527
include fines paid under sections 5111.35 to 5111.61 and section	72528
5111.99 of the Revised Code.	72529

(B) "Ancillary and support costs" means all reasonable costs	72530
incurred by a nursing facility other than direct care costs or	72531
capital costs. "Ancillary and support costs" includes, but is not	72532
limited to, costs of activities, social services, pharmacy	72533
consultants, habilitation supervisors, qualified mental	72534
retardation professionals, program directors, medical and	72535
habilitation records, program supplies, incontinence supplies,	72536
food, enterals, dietary supplies and personnel, laundry,	72537
housekeeping, security, administration, medical equipment,	72538
utilities, liability insurance, bookkeeping, purchasing	72539
department, human resources, communications, travel, dues, license	72540
fees, subscriptions, home office costs not otherwise allocated,	72541
legal services, accounting services, minor equipment, wheelchairs,	72542
resident transportation, maintenance and repairs, help-wanted	72543
advertising, informational advertising, start-up costs,	72544
organizational expenses, other interest, property insurance,	72545
employee training and staff development, employee benefits,	72546
payroll taxes, and workers' compensation premiums or costs for	72547
self-insurance claims and related costs as specified in rules	72548
adopted by the director of job and family services under section	72549
5111.02 of the Revised Code, for personnel listed in this	72550
division. "Ancillary and support costs" also means the cost of	72551
equipment, including vehicles, acquired by operating lease	72552
executed before December 1, 1992, if the costs are reported as	72553
administrative and general costs on the facility's cost report for	72554
the cost reporting period ending December 31, 1992.	72555

(C) "Capital costs" means costs of ownership and, in the case	72556
of an intermediate care facility for the mentally retarded, costs	72557
of nonextensive renovation.	72558

(1) "Cost of ownership" means the actual expense incurred for	72559
all of the following:	72560

(a) Depreciation and interest on any capital assets that cost	72561
five hundred dollars or more per item, including the following:	72562

(i) Buildings;

72563

(ii) Building improvements that are not approved as	72564
nonextensive renovations under section 5111.251 of the Revised	72565
Code;	72566

(iii) Except as provided in division (B) of this section,	72567
equipment;	72568

(iv) In the case of an intermediate care facility for the	72569
mentally retarded, extensive renovations;	72570

(v) Transportation equipment.

72571

(b) Amortization and interest on land improvements and	72572
leasehold improvements;	72573

72574

(d) Except as provided in division (K) of this section, lease	72575
and rent of land, building, and equipment.	72576

The costs of capital assets of less than five hundred dollars	72577
per item may be considered capital costs in accordance with a	72578
provider's practice.	72579

(2) "Costs of nonextensive renovation" means the actual	72580
expense incurred by an intermediate care facility for the mentally	72581
retarded for depreciation or amortization and interest on	72582
renovations that are not extensive renovations.	72583

(D) "Capital lease" and "operating lease" shall be construed	72584
in accordance with generally accepted accounting principles.	72585

(E) "Case-mix score" means the measure determined under	72586
section 5111.232 of the Revised Code of the relative direct-care	72587
resources needed to provide care and habilitation to a resident of	72588
a nursing facility or intermediate care facility for the mentally	72589
retarded.	72590

(F)(1) "Date of licensure," for a facility originally	72591
licensed as a nursing home under Chapter 3721. of the Revised	72592
Code, means the date specific beds were originally licensed as	72593
nursing home beds under that chapter, regardless of whether they	72594
were subsequently licensed as residential facility beds under	72595
section 5123.19 of the Revised Code. For a facility originally	72596
licensed as a residential facility under section 5123.19 of the	72597
Revised Code, "date of licensure" means the date specific beds	72598
were originally licensed as residential facility beds under that	72599
section.	72600

If nursing home beds licensed under Chapter 3721. of the	72601
Revised Code or residential facility beds licensed under section	72602
5123.19 of the Revised Code were not required by law to be	72603
licensed when they were originally used to provide nursing home or	72604
residential facility services, "date of licensure" means the date	72605
the beds first were used to provide nursing home or residential	72606
facility services, regardless of the date the present provider	72607
obtained licensure.	72608

If a facility adds nursing home beds or residential facility	72609
beds or extensively renovates all or part of the facility after	72610
its original date of licensure, it will have a different date of	72611
licensure for the additional beds or extensively renovated portion	72612
of the facility, unless the beds are added in a space that was	72613
constructed at the same time as the previously licensed beds but	72614
was not licensed under Chapter 3721. or section 5123.19 of the	72615
Revised Code at that time.	72616

(2) The definition of "date of licensure" in this section	72617
applies in determinations of the medicaid reimbursement rate for a	72618
nursing facility or intermediate care facility for the mentally	72619
retarded but does not apply in determinations of the franchise	72620
permit fee for a nursing facility or intermediate care facility	72621
for the mentally retarded.	72622

(G) "Desk-reviewed" means that costs as reported on a cost	72623
report submitted under section 5111.26 of the Revised Code have	72624
been subjected to a desk review under division (A) of section	72625
5111.27 of the Revised Code and preliminarily determined to be	72626
allowable costs.	72627

(H) "Direct care costs" means all of the following:

72628

(1)(a) Costs for registered nurses, licensed practical	72629
nurses, and nurse aides employed by the facility;	72630

(b) Costs for direct care staff, administrative nursing	72631
staff, medical directors, respiratory therapists, and except as	72632
provided in division (H)(2) of this section, other persons holding	72633
degrees qualifying them to provide therapy;	72634

72635

(d) Costs of quality assurance;

72636

(e) Costs of training and staff development, employee	72637
benefits, payroll taxes, and workers' compensation premiums or	72638
costs for self-insurance claims and related costs as specified in	72639
rules adopted by the director of job and family services in	72640
accordance with Chapter 119. of the Revised Code, for personnel	72641
listed in divisions (H)(1)(a), (b), and (d) of this section;	72642

(f) Costs of consulting and management fees related to direct	72643
care;	72644

(g) Allocated direct care home office costs.

72645

(2) In addition to the costs specified in division (H)(1) of	72646
this section, for nursing facilities only, direct care costs	72647
include costs of habilitation staff (other than habilitation	72648
supervisors), medical supplies, oxygen, over-the-counter pharmacy	72649
products, physical therapists, physical therapy assistants,	72650
occupational therapists, occupational therapy assistants, speech	72651
therapists, audiologists, habilitation supplies, and universal	72652
precautions supplies.	72653

(3) In addition to the costs specified in division (H)(1) of	72654
this section, for intermediate care facilities for the mentally	72655
retarded only, direct care costs include both of the following:	72656

(a) Costs for physical therapists and physical therapy	72657
assistants, occupational therapists and occupational therapy	72658
assistants, speech therapists, audiologists, habilitation staff	72659
(including habilitation supervisors), qualified mental retardation	72660
professionals, program directors, social services staff,	72661
activities staff, off-site day programming, psychologists and	72662
psychology assistants, and social workers and counselors;	72663

(b) Costs of training and staff development, employee	72664
benefits, payroll taxes, and workers' compensation premiums or	72665
costs for self-insurance claims and related costs as specified in	72666
rules adopted under section 5111.02 of the Revised Code, for	72667
personnel listed in division (H)(3)(a) of this section.	72668

(4) Costs of other direct-care resources that are specified	72669
as direct care costs in rules adopted under section 5111.02 of the	72670
Revised Code.	72671

(I) "Fiscal year" means the fiscal year of this state, as	72672
specified in section 9.34 of the Revised Code.	72673

(J) "Franchise permit fee" means the following:

72674

(1) In the context of nursing facilities, the fee imposed by	72675
sections 3721.50 to 3721.58 of the Revised Code;	72676

(2) In the context of intermediate care facilities for the	72677
mentally retarded, the fee imposed by sections 5112.30 to 5112.39	72678
of the Revised Code.	72679

(K) "Indirect care costs" means all reasonable costs incurred	72680
by an intermediate care facility for the mentally retarded other	72681
than direct care costs, other protected costs, or capital costs.	72682
"Indirect care costs" includes but is not limited to costs of	72683
habilitation supplies, pharmacy consultants, medical and	72684
habilitation records, program supplies, incontinence supplies,	72685
food, enterals, dietary supplies and personnel, laundry,	72686
housekeeping, security, administration, liability insurance,	72687
bookkeeping, purchasing department, human resources,	72688
communications, travel, dues, license fees, subscriptions, home	72689
office costs not otherwise allocated, legal services, accounting	72690
services, minor equipment, maintenance and repairs, help-wanted	72691
advertising, informational advertising, start-up costs,	72692
organizational expenses, other interest, property insurance,	72693
employee training and staff development, employee benefits,	72694
payroll taxes, and workers' compensation premiums or costs for	72695
self-insurance claims and related costs as specified in rules	72696
adopted under section 5111.02 of the Revised Code, for personnel	72697
listed in this division. Notwithstanding division (C)(1) of this	72698
section, "indirect care costs" also means the cost of equipment,	72699
including vehicles, acquired by operating lease executed before	72700
December 1, 1992, if the costs are reported as administrative and	72701
general costs on the facility's cost report for the cost reporting	72702
period ending December 31, 1992.	72703

(L) "Inpatient days" means all days during which a resident,	72704
regardless of payment source, occupies a bed in a nursing facility	72705
or intermediate care facility for the mentally retarded that is	72706
included in the facility's certified capacity under Title XIX.	72707
Therapeutic or hospital leave days for which payment is made under	72708
section 5111.33 of the Revised Code are considered inpatient days	72709
proportionate to the percentage of the facility's per resident per	72710
day rate paid for those days.	72711

(M) "Intermediate care facility for the mentally retarded"	72712
means an intermediate care facility for the mentally retarded	72713
certified as in compliance with applicable standards for the	72714
medicaid program by the director of health in accordance with	72715
Title XIX.	72716

(N) "Maintenance and repair expenses" means, except as	72717
provided in division (BB)(2) of this section, expenditures that	72718
are necessary and proper to maintain an asset in a normally	72719
efficient working condition and that do not extend the useful life	72720
of the asset two years or more. "Maintenance and repair expenses"	72721
includes but is not limited to the cost of ordinary repairs such	72722
as painting and wallpapering.	72723

(O) "Medicaid days" means all days during which a resident	72724
who is a ~~Medicaid~~medicaid recipient eligible for nursing facility	72725
services occupies a bed in a nursing facility that is included in	72726
the nursing facility's certified capacity under Title XIX.	72727
Therapeutic or hospital leave days for which payment is made under	72728
section 5111.33 of the Revised Code are considered ~~Medicaid~~	72729
medicaid days proportionate to the percentage of the nursing	72730
facility's per resident per day rate paid for those days.	72731

(P) "Nursing facility" means a facility, or a distinct part	72732
of a facility, that is certified as a nursing facility by the	72733
director of health in accordance with Title XIX and is not an	72734
intermediate care facility for the mentally retarded. "Nursing	72735
facility" includes a facility, or a distinct part of a facility,	72736
that is certified as a nursing facility by the director of health	72737
in accordance with Title XIX and is certified as a skilled nursing	72738
facility by the director in accordance with Title XVIII.	72739

(Q) "Operator" means the person or government entity	72740
responsible for the daily operating and management decisions for a	72741
nursing facility or intermediate care facility for the mentally	72742
retarded.	72743

(R) "Other protected costs" means costs incurred by an	72744
intermediate care facility for the mentally retarded for medical	72745
supplies; real estate, franchise, and property taxes; natural gas,	72746
fuel oil, water, electricity, sewage, and refuse and hazardous	72747
medical waste collection; allocated other protected home office	72748
costs; and any additional costs defined as other protected costs	72749
in rules adopted under section 5111.02 of the Revised Code.	72750

(S)(1) "Owner" means any person or government entity that has	72751
at least five per cent ownership or interest, either directly,	72752
indirectly, or in any combination, in any of the following	72753
regarding a nursing facility or intermediate care facility for the	72754
mentally retarded:	72755

(a) The land on which the facility is located;

72756

(b) The structure in which the facility is located;

72757

(c) Any mortgage, contract for deed, or other obligation	72758
secured in whole or in part by the land or structure on or in	72759
which the facility is located;	72760

(d) Any lease or sublease of the land or structure on or in	72761
which the facility is located.	72762

(2) "Owner" does not mean a holder of a debenture or bond	72763
related to the nursing facility or intermediate care facility for	72764
the mentally retarded and purchased at public issue or a regulated	72765
lender that has made a loan related to the facility unless the	72766
holder or lender operates the facility directly or through a	72767
subsidiary.	72768

(T) "Patient" includes "resident."

72769

(U) Except as provided in divisions (U)(1) and (2) of this	72770
section, "per diem" means a nursing facility's or intermediate	72771
care facility for the mentally retarded's actual, allowable costs	72772
in a given cost center in a cost reporting period, divided by the	72773
facility's inpatient days for that cost reporting period.	72774

(1) When calculating indirect care costs for the purpose of	72775
establishing rates under section 5111.241 of the Revised Code,	72776
"per diem" means an intermediate care facility for the mentally	72777
retarded's actual, allowable indirect care costs in a cost	72778
reporting period divided by the greater of the facility's	72779
inpatient days for that period or the number of inpatient days the	72780
facility would have had during that period if its occupancy rate	72781
had been eighty-five per cent.	72782

(2) When calculating capital costs for the purpose of	72783
establishing rates under section 5111.251 of the Revised Code,	72784
"per diem" means a facility's actual, allowable capital costs in a	72785
cost reporting period divided by the greater of the facility's	72786
inpatient days for that period or the number of inpatient days the	72787
facility would have had during that period if its occupancy rate	72788
had been ninety-five per cent.	72789

(V) "Provider" means an operator with a provider agreement.

72790

(W) "Provider agreement" means a contract between the	72791
department of job and family services and the operator of a	72792
nursing facility or intermediate care facility for the mentally	72793
retarded for the provision of nursing facility services or	72794
intermediate care facility services for the mentally retarded	72795
under the medicaid program.	72796

(X) "Purchased nursing services" means services that are	72797
provided in a nursing facility by registered nurses, licensed	72798
practical nurses, or nurse aides who are not employees of the	72799
facility.	72800

(Y) "Reasonable" means that a cost is an actual cost that is	72801
appropriate and helpful to develop and maintain the operation of	72802
patient care facilities and activities, including normal standby	72803
costs, and that does not exceed what a prudent buyer pays for a	72804
given item or services. Reasonable costs may vary from provider to	72805
provider and from time to time for the same provider.	72806

(Z) "Related party" means an individual or organization that,	72807
to a significant extent, has common ownership with, is associated	72808
or affiliated with, has control of, or is controlled by, the	72809
provider.	72810

(1) An individual who is a relative of an owner is a related	72811
party.	72812

(2) Common ownership exists when an individual or individuals	72813
possess significant ownership or equity in both the provider and	72814
the other organization. Significant ownership or equity exists	72815
when an individual or individuals possess five per cent ownership	72816
or equity in both the provider and a supplier. Significant	72817
ownership or equity is presumed to exist when an individual or	72818
individuals possess ten per cent ownership or equity in both the	72819
provider and another organization from which the provider	72820
purchases or leases real property.	72821

(3) Control exists when an individual or organization has the	72822
power, directly or indirectly, to significantly influence or	72823
direct the actions or policies of an organization.	72824

(4) An individual or organization that supplies goods or	72825
services to a provider shall not be considered a related party if	72826
all of the following conditions are met:	72827

(a) The supplier is a separate bona fide organization.

72828

(b) A substantial part of the supplier's business activity of	72829
the type carried on with the provider is transacted with others	72830
than the provider and there is an open, competitive market for the	72831
types of goods or services the supplier furnishes.	72832

(c) The types of goods or services are commonly obtained by	72833
other nursing facilities or intermediate care facilities for the	72834
mentally retarded from outside organizations and are not a basic	72835
element of patient care ordinarily furnished directly to patients	72836
by the facilities.	72837

(d) The charge to the provider is in line with the charge for	72838
the goods or services in the open market and no more than the	72839
charge made under comparable circumstances to others by the	72840
supplier.	72841

(AA) "Relative of owner" means an individual who is related	72842
to an owner of a nursing facility or intermediate care facility	72843
for the mentally retarded by one of the following relationships:	72844

(1) Spouse;

72845

(2) Natural parent, child, or sibling;

72846

(3) Adopted parent, child, or sibling;

72847

(4) Stepparent, stepchild, stepbrother, or stepsister;

72848

(5) Father-in-law, mother-in-law, son-in-law,	72849
daughter-in-law, brother-in-law, or sister-in-law;	72850

(6) Grandparent or grandchild;

72851

(7) Foster caregiver, foster child, foster brother, or foster	72852
sister.	72853

(BB) "Renovation" and "extensive renovation" mean:

72854

(1) Any betterment, improvement, or restoration of an	72855
intermediate care facility for the mentally retarded started	72856
before July 1, 1993, that meets the definition of a renovation or	72857
extensive renovation established in rules adopted by the director	72858
of job and family services in effect on December 22, 1992.	72859

(2) In the case of betterments, improvements, and	72860
restorations of intermediate care facilities for the mentally	72861
retarded started on or after July 1, 1993:	72862

(a) "Renovation" means the betterment, improvement, or	72863
restoration of an intermediate care facility for the mentally	72864
retarded beyond its current functional capacity through a	72865
structural change that costs at least five hundred dollars per	72866
bed. A renovation may include betterment, improvement,	72867
restoration, or replacement of assets that are affixed to the	72868
building and have a useful life of at least five years. A	72869
renovation may include costs that otherwise would be considered	72870
maintenance and repair expenses if they are an integral part of	72871
the structural change that makes up the renovation project.	72872
"Renovation" does not mean construction of additional space for	72873
beds that will be added to a facility's licensed or certified	72874
capacity.	72875

(b) "Extensive renovation" means a renovation that costs more	72876
than sixty-five per cent and no more than eighty-five per cent of	72877
the cost of constructing a new bed and that extends the useful	72878
life of the assets for at least ten years.	72879

For the purposes of division (BB)(2) of this section, the	72880
cost of constructing a new bed shall be considered to be forty	72881
thousand dollars, adjusted for the estimated rate of inflation	72882
from January 1, 1993, to the end of the calendar year during which	72883
the renovation is completed, using the consumer price index for	72884
shelter costs for all urban consumers for the north central	72885
region, as published by the United States bureau of labor	72886
statistics.	72887

The department of job and family services may treat a	72888
renovation that costs more than eighty-five per cent of the cost	72889
of constructing new beds as an extensive renovation if the	72890
department determines that the renovation is more prudent than	72891
construction of new beds.	72892

(CC) "Title XIX" means Title XIX of the "Social Security	72893
Act," 79 Stat. 286 (1965), 42 U.S.C. 1396, as amended.	72894

(DD) "Title XVIII" means Title XVIII of the "Social Security	72895
Act," 79 Stat. 286 (1965), 42 U.S.C. 1395, as amended.	72896

Sec. 5111.21. (A) In order to be eligible for medicaid	72897
payments, the operator of a nursing facility or intermediate care	72898
facility for the mentally retarded shall do all of the following:	72899

(1) Enter into a provider agreement with the department as	72900
provided in section 5111.22, 5111.671, or 5111.672 of the Revised	72901
Code;	72902

(2) Apply for and maintain a valid license to operate if so	72903
required by law;	72904

(3) Subject to division (B) of this section, comply with all	72905
applicable state and federal laws and rules.	72906

(B) A state rule that requires the operator of an	72907
intermediate care facility for the mentally retarded to have	72908
received approval of a plan for the proposed facility pursuant to	72909
section 5123.042 of the Revised Code as a condition of the	72910
operator being eligible for medicaid payments for the facility	72911
does not apply if, under former section 5123.193 of the Revised	72912
Code as enacted by Am. Sub. H.B. 1 of the 128th general assembly	72913
or section 5123.197 of the Revised Code, a residential facility	72914
license was obtained or modified for the facility without	72915
obtaining approval of such a plan.	72916

(C)(1) Except as provided in division (C)(2) of this section,	72917
the operator of a nursing facility that elects to obtain and	72918
maintain eligibility for payments under the medicaid program shall	72919
qualify all of the facility's medicaid-certified beds in the	72920
medicare program established by Title XVIII. The director of job	72921
and family services may adopt rules under section 5111.02 of the	72922
Revised Code to establish the time frame in which a nursing	72923
facility must comply with this requirement.	72924

(2) The department of veterans services is not required to	72925
qualify all of the medicaid-certified beds in a nursing facility	72926
the agency maintains and operates under section 5907.01 of the	72927
Revised Code in the medicare program.	72928

Sec. 5111.211. (A) Except as provided in division (C) of	72929
this section, the department of developmental disabilities is	72930
responsible for the nonfederal share of claims submitted for	72931
services that are covered by the medicaid program and provided to	72932
an eligible medicaid recipient by an intermediate care facility	72933
for the mentally retarded if all of the following are the case:	72934

(1) The services are provided on or after July 1, 2003;

72935

(2) The facility receives initial certification by the	72936
director of health as an intermediate care facility for the	72937
mentally retarded on or after June 1, 2003;	72938

(3) The facility, or a portion of the facility, is licensed	72939
by the director of developmental disabilities as a residential	72940
facility under section 5123.19 of the Revised Code;	72941

(4) There is a valid provider agreement for the facility.

72942

(B) Each month, the department of job and family services	72943
shall invoice the department of developmental disabilities by	72944
interagency transfer voucher for the claims for which the	72945
department of developmental disabilities is responsible pursuant	72946
to this section.	72947

(C) Division (A) of this section does not apply to claims	72948
submitted for an intermediate care facility for the mentally	72949
retarded if, under former section 5123.193 of the Revised Code as	72950
enacted by Am. Sub. H.B. 1 of the 128th general assembly or	72951
section 5123.197 of the Revised Code, a residential facility	72952
license was obtained or modified for the facility without	72953
obtaining approval of a plan for the proposed residential facility	72954
pursuant to section 5123.042 of the Revised Code.	72955

Sec. 5111.222. (A) Except as otherwise provided by sections	72956
5111.20 to 5111.33 of the Revised Code and by division (B) of this	72957
section, the payments that the department of job and family	72958
services shall agree to make to the provider of a nursing facility	72959
pursuant to a provider agreement shall equal the sum of all of the	72960
following:	72961

(1) The rate for direct care costs determined for the nursing	72962
facility under section 5111.231 of the Revised Code;	72963

(2) The rate for ancillary and support costs determined for	72964
the nursing facility's ancillary and support cost peer group under	72965
section 5111.24 of the Revised Code;	72966

(3) The rate for tax costs determined for the nursing	72967
facility under section 5111.242 of the Revised Code;	72968

(4) ~~The rate for franchise permit fees determined for the~~	72969
~~nursing facility under section 5111.243 of the Revised Code;~~	72970

~~(5)~~ The quality incentive payment, if any, paid to the	72971
nursing facility under section 5111.244 of the Revised Code;	72972

~~(6)~~(5) The ~~median~~ rate for capital costs determined for the	72973
~~nursing facilities in the~~ nursing facility's capital costs peer	72974
group ~~as determined~~ under section 5111.25 of the Revised Code.	72975

(B) The department shall adjust the rates otherwise	72976
determined under ~~divisions~~division (A)~~(1), (2), (3), and (6)~~ of	72977
this section as directed by the general assembly through the	72978
enactment of law governing medicaid payments to providers of	72979
nursing facilities, including any law that ~~does either of the~~	72980
~~following:~~	72981

~~(1) Establishes~~establishes factors by which the rates are to	72982
be adjusted;	72983

~~(2) Establishes a methodology for phasing in the rates~~	72984
~~determined for fiscal year 2006 under uncodified law the general~~	72985
~~assembly enacts to rates determined for subsequent fiscal years~~	72986
~~under sections 5111.20 to 5111.33 of the Revised Code~~.	72987

Sec. 5111.224. (A) Except as otherwise provided by sections	72988
5111.20 to 5111.33 of the Revised Code and by division (B) of this	72989
section, the payments that the department of job and family	72990
services shall agree to make to the provider of an intermediate	72991
care facility for the mentally retarded pursuant to a provider	72992
agreement shall equal the sum of all of the following:	72993

(1) The rate for direct care costs determined for the	72994
facility under section 5111.23 of the Revised Code;	72995

(2) The rate for other protected costs determined for the	72996
facility under section 5111.235 of the Revised Code;	72997

(3) The rate for indirect care costs determined for the	72998
facility under section 5111.241 of the Revised Code;	72999

(4) The rate for capital costs determined for the facility	73000
under section 5111.251 of the Revised Code.	73001

(B) The department shall adjust the total rate otherwise	73002
determined under division (A) of this section as directed by the	73003
general assembly through the enactment of law governing medicaid	73004
payments to providers of intermediate care facilities for the	73005
mentally retarded.	73006

Sec. 5111.225. (A) As used in this section:

73007

"Dual eligible individual" has the same meaning as in section	73008
1915(h)(2)(B) of the "Social Security Act," 124 Stat. 315 (2010),	73009
42 U.S.C. 1396n(h)(2)(B).	73010

"Medicaid maximum allowable amount" means one hundred per	73011
cent of a nursing facility's per diem rate for a medicaid day.	73012

(B) The department of job and family services shall pay the	73013
provider of a nursing facility the lesser of the following for	73014
nursing facility services the nursing facility provides on or	73015
after January 1, 2012, to a dual eligible individual who is	73016
eligible for nursing facility services under the medicaid program	73017
and post-hospital extended care services under Part A of Title	73018
XVIII:	73019

(1) The coinsurance amount for the services as provided under	73020
Part A of Title XVIII;	73021

(2) The medicaid maximum allowable amount for the services,	73022
less the amount paid under Part A of Title XVIII for the services.	73023

Sec. 5111.23. (A) The department of job and family services	73024
shall pay a provider for each of the provider's eligible	73025
intermediate care facilities for the mentally retarded a per	73026
resident per day rate for direct care costs established	73027
prospectively for each facility. The department shall establish	73028
each facility's rate for direct care costs quarterly.	73029

(B) Each facility's rate for direct care costs shall be based	73030
on the facility's cost per case-mix unit, subject to the maximum	73031
costs per case-mix unit established under division (B)(2) of this	73032
section, from the calendar year preceding the fiscal year in which	73033
the rate is paid. To determine the rate, the department shall do	73034
all of the following:	73035

(1) Determine each facility's cost per case-mix unit for the	73036
calendar year preceding the fiscal year in which the rate will be	73037
paid by dividing the facility's desk-reviewed, actual, allowable,	73038
per diem direct care costs for that year by its average case-mix	73039
score determined under section 5111.232 of the Revised Code for	73040
the same calendar year.	73041

(2)(a) Set the maximum cost per case-mix unit for each peer	73042
group of intermediate care facilities for the mentally retarded	73043
with more than eight beds specified in rules adopted under	73044
division ~~(E)~~(F) of this section at a percentage above the cost per	73045
case-mix unit of the facility in the group that has the group's	73046
median medicaid inpatient day for the calendar year preceding the	73047
fiscal year in which the rate will be paid, as calculated under	73048
division (B)(1) of this section, that is no less than the	73049
percentage calculated under division ~~(D)~~(E)(2) of this section.	73050

(b) Set the maximum cost per case-mix unit for each peer	73051
group of intermediate care facilities for the mentally retarded	73052
with eight or fewer beds specified in rules adopted under division	73053
~~(E)~~(F) of this section at a percentage above the cost per case-mix	73054
unit of the facility in the group that has the group's median	73055
medicaid inpatient day for the calendar year preceding the fiscal	73056
year in which the rate will be paid, as calculated under division	73057
(B)(1) of this section, that is no less than the percentage	73058
calculated under division ~~(D)~~(E)(3) of this section.	73059

(c) In calculating the maximum cost per case-mix unit under	73060
divisions (B)(2)(a) toand (b) of this section for each peer	73061
group, the department shall exclude from its calculations the cost	73062
per case-mix unit of any facility in the group that participated	73063
in the medicaid program under the same operator for less than	73064
twelve months during the calendar year preceding the fiscal year	73065
in which the rate will be paid.	73066

(3) Estimate the rate of inflation for the eighteen-month	73067
period beginning on the first day of July of the calendar year	73068
preceding the fiscal year in which the rate will be paid and	73069
ending on the thirty-first day of December of the fiscal year in	73070
which the rate will be paid, using the ~~employment cost~~ index ~~for~~	73071
~~total compensation, health services component, published by the~~	73072
~~United States bureau of labor statistics~~specified in division (C)	73073
of this section. If the estimated inflation rate for the	73074
eighteen-month period is different from the actual inflation rate	73075
for that period, as measured using the same index, the difference	73076
shall be added to or subtracted from the inflation rate estimated	73077
under division (B)(3) of this section for the following fiscal	73078
year.	73079

(4) The department shall not recalculate a maximum cost per	73080
case-mix unit under division (B)(2) of this section or a	73081
percentage under division ~~(D)~~(E) of this section based on	73082
additional information that it receives after the maximum costs	73083
per case-mix unit or percentages are set. The department shall	73084
recalculate a maximum cost per case-mix units or percentage only	73085
if it made an error in computing the maximum cost per case-mix	73086
unit or percentage based on information available at the time of	73087
the original calculation.	73088

(C) The department shall use the following index for the	73089
purpose of division (B)(3) of this section:	73090

(1) The employment cost index for total compensation, health	73091
services component, published by the United States bureau of labor	73092
statistics;	73093

(2) If the United States bureau of labor statistics ceases to	73094
publish the index specified in division (C)(1) of this section,	73095
the index that is subsequently published by the bureau and covers	73096
nursing facilities' staff costs.	73097

(D) Each facility's rate for direct care costs shall be	73098
determined as follows for each calendar quarter within a fiscal	73099
year:	73100

(1) Multiply the lesser of the following by the facility's	73101
average case-mix score determined under section 5111.232 of the	73102
Revised Code for the calendar quarter that preceded the	73103
immediately preceding calendar quarter:	73104

(a) The facility's cost per case-mix unit for the calendar	73105
year preceding the fiscal year in which the rate will be paid, as	73106
determined under division (B)(1) of this section;	73107

(b) The maximum cost per case-mix unit established for the	73108
fiscal year in which the rate will be paid for the facility's peer	73109
group under division (B)(2) of this section;	73110

(2) Adjust the product determined under division ~~(C)~~(D)(1) of	73111
this section by the inflation rate estimated under division (B)(3)	73112
of this section.	73113

~~(D)~~(E)(1) The department shall calculate the percentage above	73114
the median cost per case-mix unit determined under division (B)(1)	73115
of this section for the facility that has the median medicaid	73116
inpatient day for calendar year 1992 for all intermediate care	73117
facilities for the mentally retarded with more than eight beds	73118
that would result in payment of all desk-reviewed, actual,	73119
allowable direct care costs for eighty and one-half per cent of	73120
the medicaid inpatient days for such facilities for calendar year	73121
1992.	73122

(2) The department shall calculate the percentage above the	73123
median cost per case-mix unit determined under division (B)(1) of	73124
this section for the facility that has the median medicaid	73125
inpatient day for calendar year 1992 for all intermediate care	73126
facilities for the mentally retarded with eight or fewer beds that	73127
would result in payment of all desk-reviewed, actual, allowable	73128
direct care costs for eighty and one-half per cent of the medicaid	73129
inpatient days for such facilities for calendar year 1992.	73130

~~(E)~~(F) The director of job and family services shall adopt	73131
rules under section 5111.02 of the Revised Code that specify peer	73132
groups of intermediate care facilities for the mentally retarded	73133
with more than eight beds and intermediate care facilities for the	73134
mentally retarded with eight or fewer beds, based on findings of	73135
significant per diem direct care cost differences due to geography	73136
and facility bed-size. The rules also may specify peer groups	73137
based on findings of significant per diem direct care cost	73138
differences due to other factors which may include case-mix.	73139

~~(F)~~(G) The department, in accordance with division (D) of	73140
section 5111.232 of the Revised Code and rules adopted under	73141
division ~~(E)~~(F) of that section, may assign case-mix scores or	73142
costs per case-mix unit if a provider fails to submit assessment	73143
data necessary to calculate an intermediate care facility for the	73144
mentally retarded's case-mix score in accordance with that	73145
section.	73146

Sec. 5111.231. (A) As used in this section~~, "applicable~~:

73147

(1) "Applicable calendar year" means the following:

73148

~~(1)~~(a) For the purpose of the department of job and family	73149
services' initial determination under division (D) of this section	73150
of each peer group's cost per case-mix unit, calendar year 2003;	73151

~~(2)~~(b) For the purpose of the department's ~~subsequent~~	73152
~~determinations under division (D) of this section of each peer~~	73153
~~group's cost per case-mix unit~~rebasings, the calendar year the	73154
department selects.	73155

(2) "Rebasing" means a redetermination under division (D) of	73156
this section of each peer groups' cost per case-mix unit using	73157
information from cost reports for an applicable calendar year that	73158
is later than the applicable calendar year used for the previous	73159
determination of such costs.	73160

(B) The department of job and family services shall pay a	73161
provider for each of the provider's eligible nursing facilities a	73162
per resident per day rate for direct care costs determined	73163
semiannually by multiplying the cost per case-mix unit determined	73164
under division (D) of this section for the facility's peer group	73165
by the facility's semiannual case-mix score determined under	73166
section 5111.232 of the Revised Code.	73167

(C) For the purpose of determining nursing facilities' rate	73168
for direct care costs, the department shall establish three peer	73169
groups.	73170

Each nursing facility located in any of the following	73171
counties shall be placed in peer group one: Brown, Butler,	73172
Clermont, Clinton, Hamilton, and Warren.	73173

Each nursing facility located in any of the following	73174
counties shall be placed in peer group two: Ashtabula, Champaign,	73175
Clark, Cuyahoga, Darke, Delaware, Fairfield, Fayette, Franklin,	73176
Fulton, Geauga, Greene, Hancock, Knox, Lake, Licking, Lorain,	73177
Lucas, Madison, Marion, Medina, Miami, Montgomery, Morrow, Ottawa,	73178
Pickaway, Portage, Preble, Ross, Sandusky, Seneca, Summit, Union,	73179
and Wood.	73180

Each nursing facility located in any of the following	73181
counties shall be placed in peer group three: Adams, Allen,	73182
Ashland, Athens, Auglaize, Belmont, Carroll, Columbiana,	73183
Coshocton, Crawford, Defiance, Erie, Gallia, Guernsey, Hardin,	73184
Harrison, Henry, Highland, Hocking, Holmes, Huron, Jackson,	73185
Jefferson, Lawrence, Logan, Mahoning, Meigs, Mercer, Monroe,	73186
Morgan, Muskingum, Noble, Paulding, Perry, Pike, Putnam, Richland,	73187
Scioto, Shelby, Stark, Trumbull, Tuscarawas, Van Wert, Vinton,	73188
Washington, Wayne, Williams, and Wyandot.	73189

(D)(1) ~~At least once every ten years, the~~The department	73190
shall determine a cost per case-mix unit for each peer group	73191
established under division (C) of this section. AThe department	73192
is not required to conduct a rebasing more than once every ten	73193
years. Except as necessary to implement the amendments made by	73194
this act to this section, the cost per case-mix unit determined	73195
under this division for a peer group shall be used for subsequent	73196
years until the department ~~redetermines it~~conducts a rebasing.	73197
To determine a peer group's cost per case-mix unit, the department	73198
shall do all of the following:	73199

(a) Determine the cost per case-mix unit for each nursing	73200
facility in the peer group for the applicable calendar year by	73201
dividing each facility's desk-reviewed, actual, allowable, per	73202
diem direct care costs for the applicable calendar year by the	73203
facility's annual average case-mix score determined under section	73204
5111.232 of the Revised Code for the applicable calendar year.;	73205

(b) Subject to division (D)(2) of this section, identify	73206
which nursing facility in the peer group is at the twenty-fifth	73207
percentile of the cost per case-mix units determined under	73208
division (D)(1)(a) of this section.;	73209

(c) ~~Calculate the amount that is seven per cent above the~~	73210
~~cost per case-mix unit determined under division (D)(1)(a) of this~~	73211
~~section for the nursing facility identified under division~~	73212
~~(D)(1)(b) of this section.~~	73213

~~(d) Multiply the amount calculated under division (D)(1)(c)~~	73214
~~of this section by~~Using the index specified in division (D)(3) of	73215
this section, multiply the rate of inflation for the	73216
eighteen-month period beginning on the first day of July of the	73217
applicable calendar year and ending the last day of December of	73218
the calendar year immediately following the applicable calendar	73219
year ~~using the following:~~	73220

~~(i) In the case of the initial calculation made under~~	73221
~~division (D)(1)(d) of this section, the employment cost index for~~	73222
~~total compensation, health services component, published by the~~	73223
~~United States bureau of labor statistics, as the index existed on~~	73224
~~July 1, 2005;~~	73225

~~(ii) In the case of subsequent calculations made under~~	73226
~~division (D)(1)(d) of this section and except as provided in~~	73227
~~division (D)(1)(d)(iii) of this section, the employment cost index~~	73228
~~for total compensation, nursing and residential care facilities~~	73229
~~occupational group, published by the United States bureau of labor~~	73230
~~statistics;~~	73231

~~(iii) If the United States bureau of labor statistics ceases~~	73232
~~to publish the index specified in division (D)(1)(d)(ii) of this~~	73233
~~section, the index the bureau subsequently publishes that covers~~	73234
~~nursing facilities' staff costs~~by the cost per case-mix unit	73235
determined under division (D)(1)(a) of this section for the	73236
nursing facility identified under division (D)(1)(b) of this	73237
section;	73238

(d) Until the first rebasing occurs, add one dollar and	73239
eighty-eight cents to the amount calculated under division	73240
(D)(1)(c) of this section.	73241

(2) In making the identification under division (D)(1)(b) of	73242
this section, the department shall exclude both of the following:	73243

(a) Nursing facilities that participated in the medicaid	73244
program under the same provider for less than twelve months in the	73245
applicable calendar year;	73246

(b) Nursing facilities whose cost per case-mix unit is more	73247
than one standard deviation from the mean cost per case-mix unit	73248
for all nursing facilities in the nursing facility's peer group	73249
for the applicable calendar year.	73250

(3) The following index shall be used for the purpose of the	73251
calculation made under division (D)(1)(c) of this section:	73252

(a) Until the first rebasing occurs, the employment cost	73253
index for total compensation, health services component, published	73254
by the United States bureau of labor statistics, as the index	73255
existed on July 1, 2005;	73256

(b) Effective with the first rebasing and except as provided	73257
in division (D)(3)(c) of this section, the employment cost index	73258
for total compensation, nursing and residential care facilities	73259
occupational group, published by the United States bureau of labor	73260
statistics;	73261

(c) If the United States bureau of labor statistics ceases to	73262
publish the index specified in division (D)(3)(b) of this section,	73263
the index the bureau subsequently publishes that covers nursing	73264
facilities' staff costs.	73265

(4) The department shall not redetermine a peer group's cost	73266
per case-mix unit under this division based on additional	73267
information that it receives after the peer group's per case-mix	73268
unit is determined. The department shall redetermine a peer	73269
group's cost per case-mix unit only if it made an error in	73270
determining the peer group's cost per case-mix unit based on	73271
information available to the department at the time of the	73272
original determination.	73273

Sec. 5111.235. (A) The department of job and family services	73274
shall pay a provider for each of the provider's eligible	73275
intermediate care facilities for the mentally retarded a per	73276
resident per day rate for other protected costs established	73277
prospectively each fiscal year for each facility. The rate for	73278
each facility shall be the facility's desk-reviewed, actual,	73279
allowable, per diem other protected costs from the calendar year	73280
preceding the fiscal year in which the rate will be paid, all	73281
adjusted for the estimated inflation rate for the eighteen-month	73282
period beginning on the first day of July of the calendar year	73283
preceding the fiscal year in which the rate will be paid and	73284
ending on the thirty-first day of December of that fiscal year.	73285
The department shall estimate inflation using the ~~consumer price~~	73286
index ~~for all urban consumers for nonprescription drugs and~~	73287
~~medical supplies, as published by the United States bureau of~~	73288
~~labor statistics~~specified in division (B) of this section. If the	73289
estimated inflation rate for the eighteen-month period is	73290
different from the actual inflation rate for that period, the	73291
difference shall be added to or subtracted from the inflation rate	73292
estimated for the following year.	73293

(B) The department shall use the following index for the	73294
purpose of division (A) of this section:	73295

(1) The consumer price index for all urban consumers for	73296
nonprescription drugs and medical supplies, as published by the	73297
United States bureau of labor statistics;	73298

(2) If the United States bureau of labor statistics ceases to	73299
publish the index specified in division (B)(1) of this section,	73300
the index that is subsequently published by the bureau and covers	73301
nonprescription drugs and medical supplies.	73302

Sec. 5111.24. (A) As used in this section~~, "applicable~~:

73303

(1) "Applicable calendar year" means the following:

73304

~~(1)~~(a) For the purpose of the department of job and family	73305
services' initial determination under division (D) of this section	73306
of each peer group's rate for ancillary and support costs,	73307
calendar year 2003;	73308

~~(2)~~(b) For the purpose of the department's ~~subsequent~~	73309
~~determinations under division (D) of this section of each peer~~	73310
~~group's rate for ancillary and support costs~~rebasings, the	73311
calendar year the department selects.	73312

(2) "Rebasing" means a redetermination under division (D) of	73313
this section of each peer groups' rate for ancillary and support	73314
costs using information from cost reports for an applicable	73315
calendar year that is later than the applicable calendar year used	73316
for the previous determination of such rates.	73317

(B) The department of job and family services shall pay a	73318
provider for each of the provider's eligible nursing facilities a	73319
per resident per day rate for ancillary and support costs	73320
determined for the nursing facility's peer group under division	73321
(D) of this section.	73322

(C) For the purpose of determining nursing facilities' rate	73323
for ancillary and support costs, the department shall establish	73324
six peer groups.	73325

Each nursing facility located in any of the following	73326
counties shall be placed in peer group one or two: Brown, Butler,	73327
Clermont, Clinton, Hamilton, and Warren. Each nursing facility	73328
located in any of those counties that has fewer than one hundred	73329
beds shall be placed in peer group one. Each nursing facility	73330
located in any of those counties that has one hundred or more beds	73331
shall be placed in peer group two.	73332

Each nursing facility located in any of the following	73333
counties shall be placed in peer group three or four: Ashtabula,	73334
Champaign, Clark, Cuyahoga, Darke, Delaware, Fairfield, Fayette,	73335
Franklin, Fulton, Geauga, Greene, Hancock, Knox, Lake, Licking,	73336
Lorain, Lucas, Madison, Marion, Medina, Miami, Montgomery, Morrow,	73337
Ottawa, Pickaway, Portage, Preble, Ross, Sandusky, Seneca, Summit,	73338
Union, and Wood. Each nursing facility located in any of those	73339
counties that has fewer than one hundred beds shall be placed in	73340
peer group three. Each nursing facility located in any of those	73341
counties that has one hundred or more beds shall be placed in peer	73342
group four.	73343

Each nursing facility located in any of the following	73344
counties shall be placed in peer group five or six: Adams, Allen,	73345
Ashland, Athens, Auglaize, Belmont, Carroll, Columbiana,	73346
Coshocton, Crawford, Defiance, Erie, Gallia, Guernsey, Hardin,	73347
Harrison, Henry, Highland, Hocking, Holmes, Huron, Jackson,	73348
Jefferson, Lawrence, Logan, Mahoning, Meigs, Mercer, Monroe,	73349
Morgan, Muskingum, Noble, Paulding, Perry, Pike, Putnam, Richland,	73350
Scioto, Shelby, Stark, Trumbull, Tuscarawas, Van Wert, Vinton,	73351
Washington, Wayne, Williams, and Wyandot. Each nursing facility	73352
located in any of those counties that has fewer than one hundred	73353
beds shall be placed in peer group five. Each nursing facility	73354
located in any of those counties that has one hundred or more beds	73355
shall be placed in peer group six.	73356

(D)(1) ~~At least once every ten years, the~~The department	73357
shall determine the rate for ancillary and support costs for each	73358
peer group established under division (C) of this section. The	73359
department is not required to conduct a rebasing more than once	73360
every ten years. Except as necessary to implement the amendments	73361
made by this act to this section, the rate for ancillary and	73362
support costs determined under this division for a peer group	73363
shall be used for subsequent years until the department	73364
~~redetermines it~~conducts a rebasing. To determine a peer group's	73365
rate for ancillary and support costs, the department shall do all	73366
of the following:	73367

(a) ~~Determine~~Subject to division (D)(2) of this section,	73368
determine the rate for ancillary and support costs for each	73369
nursing facility in the peer group for the applicable calendar	73370
year by using the greater of the nursing facility's actual	73371
inpatient days for the applicable calendar year or the inpatient	73372
days the nursing facility would have had for the applicable	73373
calendar year if its occupancy rate had been ninety per cent~~. For~~	73374
~~the purpose of determining a nursing facility's occupancy rate~~	73375
~~under division (D)(1)(a) of this section, the department shall~~	73376
~~include any beds that the nursing facility removes from its~~	73377
~~medicaid-certified capacity unless the nursing facility also~~	73378
~~removes the beds from its licensed bed capacity.~~;	73379

(b) Subject to division (D)~~(2)~~(3) of this section, identify	73380
which nursing facility in the peer group is at the twenty-fifth	73381
percentile of the rate for ancillary and support costs for the	73382
applicable calendar year determined under division (D)(1)(a) of	73383
this section.;	73384

(c) ~~Calculate the amount that is three per cent above the~~	73385
~~rate for ancillary and support costs determined under division~~	73386
~~(D)(1)(a) of this section for the nursing facility identified~~	73387
~~under division (D)(1)(b) of this section.~~	73388

~~(d)~~ Multiply the ~~amount calculated~~rate for ancillary and	73389
support costs determined under division (D)(1)~~(c)~~(a) of this	73390
section for the nursing facility identified under division	73391
(D)(1)(b) of this section by the rate of inflation for the	73392
eighteen-month period beginning on the first day of July of the	73393
applicable calendar year and ending the last day of December of	73394
the calendar year immediately following the applicable calendar	73395
year using the following:	73396

(i) ~~In the case of the initial calculation made under~~	73397
~~division (D)(1)(d) of this section~~Until the first rebasing	73398
occurs, the consumer price index for all items for all urban	73399
consumers for the north central region, published by the United	73400
States bureau of labor statistics, as that index existed on July	73401
1, 2005;	73402

(ii) ~~In the case of subsequent calculations made under~~	73403
~~division (D)(1)(d) of this section~~Effective with the first	73404
rebasing and except as provided in division (D)(1)~~(d)~~(c)(iii) of	73405
this section, the consumer price index for all items for all urban	73406
consumers for the midwest region, published by the United States	73407
bureau of labor statistics;	73408

(iii) If the United States bureau of labor statistics ceases	73409
to publish the index specified in division (D)(1)~~(d)~~(c)(ii) of	73410
this section, the index the bureau subsequently publishes that	73411
covers urban consumers' prices for items for the region that	73412
includes this state.	73413

(2) For the purpose of determining a nursing facility's	73414
occupancy rate under division (D)(1)(a) of this section, the	73415
department shall include any beds that the nursing facility	73416
removes from its medicaid-certified capacity unless the nursing	73417
facility also removes the beds from its licensed bed capacity.	73418

(3) In making the identification under division (D)(1)(b) of	73419
this section, the department shall exclude both of the following:	73420

(a) Nursing facilities that participated in the medicaid	73421
program under the same provider for less than twelve months in the	73422
applicable calendar year;	73423

(b) Nursing facilities whose ancillary and support costs are	73424
more than one standard deviation from the mean desk-reviewed,	73425
actual, allowable, per diem ancillary and support cost for all	73426
nursing facilities in the nursing facility's peer group for the	73427
applicable calendar year.	73428

~~(3)~~(4) The department shall not redetermine a peer group's	73429
rate for ancillary and support costs under this division based on	73430
additional information that it receives after the rate is	73431
determined. The department shall redetermine a peer group's rate	73432
for ancillary and support costs only if itthe department made an	73433
error in determining the rate based on information available to	73434
the department at the time of the original determination.	73435

Sec. 5111.241. (A) The department of job and family services	73436
shall pay a provider for each of the provider's eligible	73437
intermediate care facilities for the mentally retarded a per	73438
resident per day rate for indirect care costs established	73439
prospectively each fiscal year for each facility. The rate for	73440
each intermediate care facility for the mentally retarded shall be	73441
the sum of the following, but shall not exceed the maximum rate	73442
established for the facility's peer group under division (B) of	73443
this section:	73444

(1) The facility's desk-reviewed, actual, allowable, per diem	73445
indirect care costs from the calendar year preceding the fiscal	73446
year in which the rate will be paid, adjusted for the inflation	73447
rate estimated under division (C)(1) of this section;	73448

(2) An efficiency incentive in the following amount:

73449

(a) For fiscal years ending in even-numbered calendar years:

73450

(i) In the case of intermediate care facilities for the	73451
mentally retarded with more than eight beds, seven and one-tenth	73452
per cent of the maximum rate established for the facility's peer	73453
group under division (B) of this section;	73454

(ii) In the case of intermediate care facilities for the	73455
mentally retarded with eight or fewer beds, seven per cent of the	73456
maximum rate established for the facility's peer group under	73457
division (B) of this section;	73458

(b) For fiscal years ending in odd-numbered calendar years,	73459
the amount calculated for the preceding fiscal year under division	73460
(A)(2)(a) of this section.	73461

(B)(1) The maximum rate for indirect care costs for each peer	73462
group of intermediate care facilities for the mentally retarded	73463
with more than eight beds specified in rules adopted under	73464
division (D) of this section shall be determined as follows:	73465

(a) For fiscal years ending in even-numbered calendar years,	73466
the maximum rate for each peer group shall be the rate that is no	73467
less than twelve and four-tenths per cent above the median	73468
desk-reviewed, actual, allowable, per diem indirect care cost for	73469
all intermediate care facilities for the mentally retarded with	73470
more than eight beds in the group, excluding facilities in the	73471
group whose indirect care costs for that period are more than	73472
three standard deviations from the mean desk-reviewed, actual,	73473
allowable, per diem indirect care cost for all intermediate care	73474
facilities for the mentally retarded with more than eight beds,	73475
for the calendar year preceding the fiscal year in which the rate	73476
will be paid, adjusted by the inflation rate estimated under	73477
division (C)(1) of this section.	73478

(b) For fiscal years ending in odd-numbered calendar years,	73479
the maximum rate for each peer group is the group's maximum rate	73480
for the previous fiscal year, adjusted for the inflation rate	73481
estimated under division (C)(2) of this section.	73482

(2) The maximum rate for indirect care costs for each peer	73483
group of intermediate care facilities for the mentally retarded	73484
with eight or fewer beds specified in rules adopted under division	73485
(D) of this section shall be determined as follows:	73486

(a) For fiscal years ending in even-numbered calendar years,	73487
the maximum rate for each peer group shall be the rate that is no	73488
less than ten and three-tenths per cent above the median	73489
desk-reviewed, actual, allowable, per diem indirect care cost for	73490
all intermediate care facilities for the mentally retarded with	73491
eight or fewer beds in the group, excluding facilities in the	73492
group whose indirect care costs are more than three standard	73493
deviations from the mean desk-reviewed, actual, allowable, per	73494
diem indirect care cost for all intermediate care facilities for	73495
the mentally retarded with eight or fewer beds, for the calendar	73496
year preceding the fiscal year in which the rate will be paid,	73497
adjusted by the inflation rate estimated under division (C)(1) of	73498
this section.	73499

(b) For fiscal years that end in odd-numbered calendar years,	73500
the maximum rate for each peer group is the group's maximum rate	73501
for the previous fiscal year, adjusted for the inflation rate	73502
estimated under division (C)(2) of this section.	73503

(3) The department shall not recalculate a maximum rate for	73504
indirect care costs under division (B)(1) or (2) of this section	73505
based on additional information that it receives after the maximum	73506
rate is set. The department shall recalculate the maximum rate for	73507
indirect care costs only if it made an error in computing the	73508
maximum rate based on the information available at the time of the	73509
original calculation.	73510

(C)(1) When adjusting rates for inflation under divisions	73511
(A)(1), (B)(1)(a), and (B)(2)(a) of this section, the department	73512
shall estimate the rate of inflation for the eighteen-month period	73513
beginning on the first day of July of the calendar year preceding	73514
the fiscal year in which the rate will be paid and ending on the	73515
thirty-first day of December of the fiscal year in which the rate	73516
will be paid~~, using the~~. To estimate the rate of inflation, the	73517
department shall use the following:	73518

(a) The consumer price index for all items for all urban	73519
consumers for the north central region, published by the United	73520
States bureau of labor statistics;	73521

(b) If the United States bureau of labor statistics ceases to	73522
publish the index specified in division (C)(1)(a) of this section,	73523
a comparable index that the bureau publishes and the department	73524
determines is appropriate.	73525

(2) When adjusting rates for inflation under divisions	73526
(B)(1)(b) and (B)(2)(b) of this section, the department shall	73527
estimate the rate of inflation for the twelve-month period	73528
beginning on the first day of January of the fiscal year preceding	73529
the fiscal year in which the rate will be paid and ending on the	73530
thirty-first day of December of the fiscal year in which the rate	73531
will be paid~~, using the~~. To estimate the rate of inflation, the	73532
department shall use the following:	73533

(a) The consumer price index for all items for all urban	73534
consumers for the north central region, published by the United	73535
States bureau of labor statistics;	73536

(b) If the United States bureau of labor statistics ceases to	73537
publish the index specified in division (C)(2)(a) of this section,	73538
a comparable index that the bureau publishes and the department	73539
determines is appropriate.	73540

(3) If an inflation rate estimated under division (C)(1) or	73541
(2) of this section is different from the actual inflation rate	73542
for the relevant time period, as measured using the same index,	73543
the difference shall be added to or subtracted from the inflation	73544
rate estimated pursuant to this division for the following fiscal	73545
year.	73546

(D) The director of job and family services shall adopt rules	73547
under section 5111.02 of the Revised Code that specify peer groups	73548
of intermediate care facilities for the mentally retarded with	73549
more than eight beds, and peer groups of intermediate care	73550
facilities for the mentally retarded with eight or fewer beds,	73551
based on findings of significant per diem indirect care cost	73552
differences due to geography and facility bed-size. The rules also	73553
may specify peer groups based on findings of significant per diem	73554
indirect care cost differences due to other factors, including	73555
case-mix.	73556

Sec. 5111.244. (A) As used in this section, "deficiency" and	73557
"standard survey" have the same meanings as in section 5111.35 of	73558
the Revised Code.	73559

(B) ~~Each fiscal year~~Subject to division (D) of this section,	73560
the department of job and family services shall pay the provider	73561
of each nursing facility a quality incentive payment. The amount	73562
of a quality incentive payment paid to a provider ~~for a fiscal~~	73563
~~year~~ shall be based on the number of points the provider's nursing	73564
facility is awarded ~~under division (C) of this section~~ for ~~that~~	73565
~~fiscal year~~meeting accountability measures. The amount of a	73566
quality incentive payment paid to a provider of a nursing facility	73567
that is awarded no points may be zero. ~~The mean payment for fiscal~~	73568
~~year 2007, weighted by medicaid days, shall be three dollars per~~	73569
~~medicaid day. The department shall adjust the mean payment for~~	73570
~~subsequent fiscal years by the same adjustment factors the~~	73571
~~department uses to adjust, pursuant to division (B) of section~~	73572
~~5111.222 of the Revised Code, nursing facilities' rates otherwise~~	73573
~~determined under divisions (A)(1), (2), (3), and (6) of that~~	73574
~~section.~~	73575

(C)(1) Except as provided by ~~division~~divisions (C)(2) and	73576
(D) of this section, the department shall ~~annually~~ award each	73577
nursing facility participating in the medicaid program one point	73578
for each of the following accountability measures the facility	73579
meets:	73580

(a) The facility had no health deficiencies on the facility's	73581
most recent standard survey.	73582

(b) The facility had no health deficiencies with a scope and	73583
severity level greater than E, as determined under nursing	73584
facility certification standards established under Title XIX, on	73585
the facility's most recent standard survey.	73586

(c) The facility's resident satisfaction is above the	73587
statewide average.	73588

(d) The facility's family satisfaction is above the statewide	73589
average.	73590

(e) The number of hours the facility employs nurses is above	73591
the statewide average.	73592

(f) The facility's employee retention rate is above the	73593
average for the facility's peer group established in division (C)	73594
of section 5111.231 of the Revised Code.	73595

(g) The facility's occupancy rate is above the statewide	73596
average.	73597

(h) The facility's medicaid utilization rate is above the	73598
statewide average.	73599

(i) The facility's case-mix score is above the statewide	73600
average.	73601

(2) The department shall award points pursuant to division	73602
(C)(1)(c) or (d) of this section to a nursing facility only ~~for a~~	73603
~~fiscal year immediately following a calendar year for which~~if a	73604
survey of resident or family satisfaction ~~has been~~was conducted	73605
under section 173.47 of the Revised Code for the nursing facility	73606
in calendar year 2010.	73607

(D) The department shall cease to award points to nursing	73608
facilities under division (C) of this section on the earlier of	73609
the effective date of the rules adopted under division (E) of this	73610
section establishing new accountability measures and July 1, 2012.	73611
If the effective date of the rules establishing the new	73612
accountability measures is after July 1, 2012, the department	73613
shall not award any points, and therefore not pay quality	73614
incentive payments, for the period beginning July 1, 2012, and	73615
ending on the effective date of the rules. Once the rules are in	73616
effect, the department shall award each nursing facility	73617
participating in the medicaid program points in accordance with	73618
the new accountability measures established in the rules.	73619

(E) The director of job and family services shall adopt rules	73620
under section 5111.02 of the Revised Code as necessary to	73621
implement this section~~. The rules shall include~~, including rules	73622
governing the methodology for converting points awarded under this	73623
section into quality incentive payments and rules establishing the	73624
system for awarding points under division (C) of this section. The	73625
director shall strive to have in effect not later than July 1,	73626
2012, rules establishing new accountability measures for the	73627
purpose of division (D) of this section. In adopting those rules,	73628
the director shall collaborate with persons interested in the	73629
issue of medicaid coverage of nursing facility services. The new	73630
accountability measures shall include measures relating to the	73631
quality of care that nursing facilities provide their residents	73632
and the residents' quality of life.	73633

Sec. 5111.25. (A) As used in this section~~, "applicable~~:

73634

(1) "Applicable calendar year" means the following:

73635

~~(1)~~(a) For the purpose of the department of job and family	73636
services' initial determination under division (D) of this section	73637
of each peer group's ~~median~~ rate for capital costs, calendar year	73638
2003;	73639

~~(2)~~(b) For the purpose of the department's ~~subsequent~~	73640
~~determinations under division (D) of this section of each peer~~	73641
~~group's median rate for capital costs~~rebasings, the calendar year	73642
the department selects.	73643

(2) "Rebasing" means a redetermination under division (D) of	73644
this section of each peer groups' rate for capital costs using	73645
information from cost reports for an applicable calendar year that	73646
is later than the applicable calendar year used for the previous	73647
determination of such rates.	73648

(B) The department of job and family services shall pay a	73649
provider for each of the provider's eligible nursing facilities a	73650
per resident per day rate for capital costs~~. A nursing facility's~~	73651
~~rate for capital costs shall be the median rate for capital costs~~	73652
~~for the nursing facilities in~~determined for the nursing	73653
facility's peer group ~~as determined~~ under division (D) of this	73654
section.	73655

(C) For the purpose of determining nursing facilities' rate	73656
for capital costs, the department shall establish six peer groups.	73657

Each nursing facility located in any of the following	73658
counties shall be placed in peer group one or two: Brown, Butler,	73659
Clermont, Clinton, Hamilton, and Warren. Each nursing facility	73660
located in any of those counties that has fewer than one hundred	73661
beds shall be placed in peer group one. Each nursing facility	73662
located in any of those counties that has one hundred or more beds	73663
shall be placed in peer group two.	73664

Each nursing facility located in any of the following	73665
counties shall be placed in peer group three or four: Ashtabula,	73666
Champaign, Clark, Cuyahoga, Darke, Delaware, Fairfield, Fayette,	73667
Franklin, Fulton, Geauga, Greene, Hancock, Knox, Lake, Licking,	73668
Lorain, Lucas, Madison, Marion, Medina, Miami, Montgomery, Morrow,	73669
Ottawa, Pickaway, Portage, Preble, Ross, Sandusky, Seneca, Summit,	73670
Union, and Wood. Each nursing facility located in any of those	73671
counties that has fewer than one hundred beds shall be placed in	73672
peer group three. Each nursing facility located in any of those	73673
counties that has one hundred or more beds shall be placed in peer	73674
group four.	73675

Each nursing facility located in any of the following	73676
counties shall be placed in peer group five or six: Adams, Allen,	73677
Ashland, Athens, Auglaize, Belmont, Carroll, Columbiana,	73678
Coshocton, Crawford, Defiance, Erie, Gallia, Guernsey, Hardin,	73679
Harrison, Henry, Highland, Hocking, Holmes, Huron, Jackson,	73680
Jefferson, Lawrence, Logan, Mahoning, Meigs, Mercer, Monroe,	73681
Morgan, Muskingum, Noble, Paulding, Perry, Pike, Putnam, Richland,	73682
Scioto, Shelby, Stark, Trumbull, Tuscarawas, Van Wert, Vinton,	73683
Washington, Wayne, Williams, and Wyandot. Each nursing facility	73684
located in any of those counties that has fewer than one hundred	73685
beds shall be placed in peer group five. Each nursing facility	73686
located in any of those counties that has one hundred or more beds	73687
shall be placed in peer group six.	73688

(D)(1) ~~At least once every ten years, the~~The department	73689
shall determine the ~~median~~ rate for capital costs for each peer	73690
group established under division (C) of this section. The ~~median~~	73691
department is not required to conduct a rebasing more than once	73692
every ten years. Except as necessary to implement the amendments	73693
made by this act to this section, the rate for capital costs	73694
determined under this division for a peer group shall be used for	73695
subsequent years until the department ~~redetermines it~~conducts a	73696
rebasing. ~~To determine a~~A peer group's ~~median~~ rate for capital	73697
costs shall be the rate for capital costs determined for the	73698
nursing facility in the peer group that is at the twenty-fifth	73699
percentile of the rate for capital costs for the applicable	73700
calendar year. In identifying that nursing facility, the	73701
department shall do both of the following:	73702

(a) Subject to division (D)(2) of this section, use the	73703
greater of each nursing facility's actual inpatient days for the	73704
applicable calendar year or the inpatient days the nursing	73705
facility would have had for the applicable calendar year if its	73706
occupancy rate had been one hundred per cent.;	73707

(b) Exclude both of the following:

73708

(i) Nursing facilities that participated in the medicaid	73709
program under the same provider for less than twelve months in the	73710
applicable calendar year;	73711

(ii) Nursing facilities whose capital costs are more than one	73712
standard deviation from the mean desk-reviewed, actual, allowable,	73713
per diem capital cost for all nursing facilities in the nursing	73714
facility's peer group for the applicable calendar year.	73715

(2) For the purpose of determining a nursing facility's	73716
occupancy rate under division (D)(1)(a) of this section, the	73717
department shall include any beds that the nursing facility	73718
removes from its medicaid-certified capacity after June 30, 2005,	73719
unless the nursing facility also removes the beds from its	73720
licensed bed capacity.	73721

(3) The department shall not redetermine a peer group's rate	73722
for capital costs under this division based on additional	73723
information that it receives after the rate is determined. The	73724
department shall redetermine a peer group's rate for capital costs	73725
only if the department made an error in determining the rate based	73726
on information available to the department at the time of the	73727
original determination.	73728

(E) Buildings shall be depreciated using the straight line	73729
method over forty years or over a different period approved by the	73730
department. Components and equipment shall be depreciated using	73731
the straight-line method over a period designated in rules adopted	73732
under section 5111.02 of the Revised Code, consistent with the	73733
guidelines of the American hospital association, or over a	73734
different period approved by the department. Any rules authorized	73735
by this division that specify useful lives of buildings,	73736
components, or equipment apply only to assets acquired on or after	73737
July 1, 1993. Depreciation for costs paid or reimbursed by any	73738
government agency shall not be included in capital costs unless	73739
that part of the payment under sections 5111.20 to 5111.33 of the	73740
Revised Code is used to reimburse the government agency.	73741

(F) The capital cost basis of nursing facility assets shall	73742
be determined in the following manner:	73743

(1) Except as provided in division (F)(3) of this section,	73744
for purposes of calculating the rates to be paid for facilities	73745
with dates of licensure on or before June 30, 1993, the capital	73746
cost basis of each asset shall be equal to the desk-reviewed,	73747
actual, allowable, capital cost basis that is listed on the	73748
facility's cost report for the calendar year preceding the fiscal	73749
year during which the rate will be paid.	73750

(2) For facilities with dates of licensure after June 30,	73751
1993, the capital cost basis shall be determined in accordance	73752
with the principles of the medicare program established under	73753
Title XVIII, except as otherwise provided in sections 5111.20 to	73754
5111.33 of the Revised Code.	73755

(3) Except as provided in division (F)(4) of this section, if	73756
a provider transfers an interest in a facility to another provider	73757
after June 30, 1993, there shall be no increase in the capital	73758
cost basis of the asset if the providers are related parties or	73759
the provider to which the interest is transferred authorizes the	73760
provider that transferred the interest to continue to operate the	73761
facility under a lease, management agreement, or other	73762
arrangement. If the previous sentence does not prohibit the	73763
adjustment of the capital cost basis under this division, the	73764
basis of the asset shall be adjusted by ~~the lesser of the~~	73765
~~following:~~	73766

~~(a) One-half of the change in construction costs during the~~	73767
~~time that the transferor held the asset, as calculated by the~~	73768
~~department of job and family services using the "Dodge building~~	73769
~~cost indexes, northeastern and north central states," published by~~	73770
~~Marshall and Swift;~~	73771

~~(b) One-half~~one-half of the change in the consumer price	73772
index for all items for all urban consumers, as published by the	73773
United States bureau of labor statistics, during the time that the	73774
transferor held the asset.	73775

(4) If a provider transfers an interest in a facility to	73776
another provider who is a related party, the capital cost basis of	73777
the asset shall be adjusted as specified in division (F)(3) of	73778
this section if all of the following conditions are met:	73779

(a) The related party is a relative of owner;

73780

(b) Except as provided in division (F)(4)(c)(ii) of this	73781
section, the provider making the transfer retains no ownership	73782
interest in the facility;	73783

(c) The department of job and family services determines that	73784
the transfer is an arm's length transaction pursuant to rules	73785
adopted under section 5111.02 of the Revised Code. The rules shall	73786
provide that a transfer is an arm's length transaction if all of	73787
the following apply:	73788

(i) Once the transfer goes into effect, the provider that	73789
made the transfer has no direct or indirect interest in the	73790
provider that acquires the facility or the facility itself,	73791
including interest as an owner, officer, director, employee,	73792
independent contractor, or consultant, but excluding interest as a	73793
creditor.	73794

(ii) The provider that made the transfer does not reacquire	73795
an interest in the facility except through the exercise of a	73796
creditor's rights in the event of a default. If the provider	73797
reacquires an interest in the facility in this manner, the	73798
department shall treat the facility as if the transfer never	73799
occurred when the department calculates its reimbursement rates	73800
for capital costs.	73801

(iii) The transfer satisfies any other criteria specified in	73802
the rules.	73803

(d) Except in the case of hardship caused by a catastrophic	73804
event, as determined by the department, or in the case of a	73805
provider making the transfer who is at least sixty-five years of	73806
age, not less than twenty years have elapsed since, for the same	73807
facility, the capital cost basis was adjusted most recently under	73808
division (F)(4) of this section or actual, allowable cost of	73809
ownership was determined most recently under division (G)(9) of	73810
this section.	73811

(G) As used in this division:

73812

"Imputed interest" means the lesser of the prime rate plus	73813
two per cent or ten per cent.	73814

"Lease expense" means lease payments in the case of an	73815
operating lease and depreciation expense and interest expense in	73816
the case of a capital lease.	73817

"New lease" means a lease, to a different lessee, of a	73818
nursing facility that previously was operated under a lease.	73819

(1) Subject to division (B) of this section, for a lease of a	73820
facility that was effective on May 27, 1992, the entire lease	73821
expense is an actual, allowable capital cost during the term of	73822
the existing lease. The entire lease expense also is an actual,	73823
allowable capital cost if a lease in existence on May 27, 1992, is	73824
renewed under either of the following circumstances:	73825

(a) The renewal is pursuant to a renewal option that was in	73826
existence on May 27, 1992;	73827

(b) The renewal is for the same lease payment amount and	73828
between the same parties as the lease in existence on May 27,	73829
1992.	73830

(2) Subject to division (B) of this section, for a lease of a	73831
facility that was in existence but not operated under a lease on	73832
May 27, 1992, actual, allowable capital costs shall include the	73833
lesser of the annual lease expense or the annual depreciation	73834
expense and imputed interest expense that would be calculated at	73835
the inception of the lease using the lessor's entire historical	73836
capital asset cost basis, adjusted by ~~the lesser of the following~~	73837
~~amounts:~~	73838

~~(a) One-half of the change in construction costs during the~~	73839
~~time the lessor held each asset until the beginning of the lease,~~	73840
~~as calculated by the department using the "Dodge building cost~~	73841
~~indexes, northeastern and north central states," published by~~	73842
~~Marshall and Swift;~~	73843

~~(b) One-half~~one-half of the change in the consumer price	73844
index for all items for all urban consumers, as published by the	73845
United States bureau of labor statistics, during the time the	73846
lessor held each asset until the beginning of the lease.	73847

(3) Subject to division (B) of this section, for a lease of a	73848
facility with a date of licensure on or after May 27, 1992, that	73849
is initially operated under a lease, actual, allowable capital	73850
costs shall include the annual lease expense if there was a	73851
substantial commitment of money for construction of the facility	73852
after December 22, 1992, and before July 1, 1993. If there was not	73853
a substantial commitment of money after December 22, 1992, and	73854
before July 1, 1993, actual, allowable capital costs shall include	73855
the lesser of the annual lease expense or the sum of the	73856
following:	73857

(a) The annual depreciation expense that would be calculated	73858
at the inception of the lease using the lessor's entire historical	73859
capital asset cost basis;	73860

(b) The greater of the lessor's actual annual amortization of	73861
financing costs and interest expense at the inception of the lease	73862
or the imputed interest expense calculated at the inception of the	73863
lease using seventy per cent of the lessor's historical capital	73864
asset cost basis.	73865

(4) Subject to division (B) of this section, for a lease of a	73866
facility with a date of licensure on or after May 27, 1992, that	73867
was not initially operated under a lease and has been in existence	73868
for ten years, actual, allowable capital costs shall include the	73869
lesser of the annual lease expense or the annual depreciation	73870
expense and imputed interest expense that would be calculated at	73871
the inception of the lease using the entire historical capital	73872
asset cost basis of ~~the lessor, adjusted by the lesser of the~~	73873
~~following:~~	73874

~~(a) One-half of the change in construction costs during the~~	73875
~~time the lessor held each asset until the beginning of the lease,~~	73876
~~as calculated by the department using the "Dodge building cost~~	73877
~~indexes, northeastern and north central states," published by~~	73878
~~Marshall and Swift;~~	73879

~~(b) One-half~~one-half of the change in the consumer price	73880
index for all items for all urban consumers, as published by the	73881
United States bureau of labor statistics, during the time the	73882
lessor held each asset until the beginning of the lease.	73883

(5) Subject to division (B) of this section, for a new lease	73884
of a facility that was operated under a lease on May 27, 1992,	73885
actual, allowable capital costs shall include the lesser of the	73886
annual new lease expense or the annual old lease payment. If the	73887
old lease was in effect for ten years or longer, the old lease	73888
payment from the beginning of the old lease shall be adjusted by	73889
~~the lesser of the following:~~	73890

~~(a) One-half of the change in construction costs from the~~	73891
~~beginning of the old lease to the beginning of the new lease, as~~	73892
~~calculated by the department using the "Dodge building cost~~	73893
~~indexes, northeastern and north central states," published by~~	73894
~~Marshall and Swift;~~	73895

~~(b) One-half~~one-half of the change in the consumer price	73896
index for all items for all urban consumers, as published by the	73897
United States bureau of labor statistics, from the beginning of	73898
the old lease to the beginning of the new lease.	73899

(6) Subject to division (B) of this section, for a new lease	73900
of a facility that was not in existence or that was in existence	73901
but not operated under a lease on May 27, 1992, actual, allowable	73902
capital costs shall include the lesser of annual new lease expense	73903
or the annual amount calculated for the old lease under division	73904
(G)(2), (3), (4), or (6) of this section, as applicable. If the	73905
old lease was in effect for ten years or longer, the lessor's	73906
historical capital asset cost basis shall be ~~adjusted by the~~	73907
~~lesser of the following~~, for purposes of calculating the annual	73908
amount under division (G)(2), (3), (4), or (6) of this section:	73909

~~(a) One-half of the change in construction costs from the~~	73910
~~beginning of the old lease to the beginning of the new lease, as~~	73911
~~calculated by the department using the "Dodge building cost~~	73912
~~indexes, northeastern and north central states," published by~~	73913
~~Marshall and Swift;~~	73914

~~(b) One-half~~, adjusted by one-half of the change in the	73915
consumer price index for all items for all urban consumers, as	73916
published by the United States bureau of labor statistics, from	73917
the beginning of the old lease to the beginning of the new lease.	73918

In the case of a lease under division (G)(3) of this section	73919
of a facility for which a substantial commitment of money was made	73920
after December 22, 1992, and before July 1, 1993, the old lease	73921
payment shall be adjusted for the purpose of determining the	73922
annual amount.	73923

(7) For any revision of a lease described in division (G)(1),	73924
(2), (3), (4), (5), or (6) of this section, or for any subsequent	73925
lease of a facility operated under such a lease, other than	73926
execution of a new lease, the portion of actual, allowable capital	73927
costs attributable to the lease shall be the same as before the	73928
revision or subsequent lease.	73929

(8) Except as provided in division (G)(9) of this section, if	73930
a provider leases an interest in a facility to another provider	73931
who is a related party or previously operated the facility, the	73932
related party's or previous operator's actual, allowable capital	73933
costs shall include the lesser of the annual lease expense or the	73934
reasonable cost to the lessor.	73935

(9) If a provider leases an interest in a facility to another	73936
provider who is a related party, regardless of the date of the	73937
lease, the related party's actual, allowable capital costs shall	73938
include the annual lease expense, subject to the limitations	73939
specified in divisions (G)(1) to (7) of this section, if all of	73940
the following conditions are met:	73941

(a) The related party is a relative of owner;

73942

(b) If the lessor retains an ownership interest, it is,	73943
except as provided in division (G)(9)(c)(ii) of this section, in	73944
only the real property and any improvements on the real property;	73945

(c) The department of job and family services determines that	73946
the lease is an arm's length transaction pursuant to rules adopted	73947
under section 5111.02 of the Revised Code. The rules shall provide	73948
that a lease is an arm's length transaction if all of the	73949
following apply:	73950

(i) Once the lease goes into effect, the lessor has no direct	73951
or indirect interest in the lessee or, except as provided in	73952
division (G)(9)(b) of this section, the facility itself, including	73953
interest as an owner, officer, director, employee, independent	73954
contractor, or consultant, but excluding interest as a lessor.	73955

(ii) The lessor does not reacquire an interest in the	73956
facility except through the exercise of a lessor's rights in the	73957
event of a default. If the lessor reacquires an interest in the	73958
facility in this manner, the department shall treat the facility	73959
as if the lease never occurred when the department calculates its	73960
reimbursement rates for capital costs.	73961

(iii) The lease satisfies any other criteria specified in the	73962
rules.	73963

(d) Except in the case of hardship caused by a catastrophic	73964
event, as determined by the department, or in the case of a lessor	73965
who is at least sixty-five years of age, not less than twenty	73966
years have elapsed since, for the same facility, the capital cost	73967
basis was adjusted most recently under division (F)(4) of this	73968
section or actual, allowable capital costs were determined most	73969
recently under division (G)(9) of this section.	73970

(10) This division does not apply to leases of specific items	73971
of equipment.	73972

Sec. 5111.251. (A) The department of job and family services	73973
shall pay a provider for each of the provider's eligible	73974
intermediate care facilities for the mentally retarded for its	73975
reasonable capital costs, a per resident per day rate established	73976
prospectively each fiscal year for each intermediate care facility	73977
for the mentally retarded. Except as otherwise provided in	73978
sections 5111.20 to 5111.33 of the Revised Code, the rate shall be	73979
based on the facility's capital costs for the calendar year	73980
preceding the fiscal year in which the rate will be paid. The rate	73981
shall equal the sum of the following:	73982

(1) The facility's desk-reviewed, actual, allowable, per diem	73983
cost of ownership for the preceding cost reporting period, limited	73984
as provided in divisions (C) and (F) of this section;	73985

(2) Any efficiency incentive determined under division (B) of	73986
this section;	73987

(3) Any amounts for renovations determined under division (D)	73988
of this section;	73989

(4) Any amounts for return on equity determined under	73990
division ~~(I)~~(H) of this section.	73991

Buildings shall be depreciated using the straight line method	73992
over forty years or over a different period approved by the	73993
department. Components and equipment shall be depreciated using	73994
the straight line method over a period designated by the director	73995
of job and family services in rules adopted under section 5111.02	73996
of the Revised Code, consistent with the guidelines of the	73997
American hospital association, or over a different period approved	73998
by the department of job and family services. Any rules authorized	73999
by this division that specify useful lives of buildings,	74000
components, or equipment apply only to assets acquired on or after	74001
July 1, 1993. Depreciation for costs paid or reimbursed by any	74002
government agency shall not be included in costs of ownership or	74003
renovation unless that part of the payment under sections 5111.20	74004
to 5111.33 of the Revised Code is used to reimburse the government	74005
agency.	74006

(B) The department of job and family services shall pay to a	74007
provider for each of the provider's eligible intermediate care	74008
facilities for the mentally retarded an efficiency incentive equal	74009
to fifty per cent of the difference between any desk-reviewed,	74010
actual, allowable cost of ownership and the applicable limit on	74011
cost of ownership payments under division (C) of this section. For	74012
purposes of computing the efficiency incentive, depreciation for	74013
costs paid or reimbursed by any government agency shall be	74014
considered as a cost of ownership, and the applicable limit under	74015
division (C) of this section shall apply both to facilities with	74016
more than eight beds and facilities with eight or fewer beds. The	74017
efficiency incentive paid to a provider for a facility with eight	74018
or fewer beds shall not exceed three dollars per patient day,	74019
adjusted annually for the inflation rate for the twelve-month	74020
period beginning on the first day of July of the calendar year	74021
preceding the calendar year that precedes the fiscal year for	74022
which the efficiency incentive is determined and ending on the	74023
thirtieth day of the following June, using the consumer price	74024
index for shelter costs for all urban consumers for the north	74025
central region, as published by the United States bureau of labor	74026
statistics.	74027

(C) Cost of ownership payments for intermediate care	74028
facilities for the mentally retarded with more than eight beds	74029
shall not exceed the following limits:	74030

(1) For facilities with dates of licensure prior to January	74031
1, l958, not exceeding two dollars and fifty cents per patient	74032
day;	74033

(2) For facilities with dates of licensure after December 31,	74034
l957, but prior to January 1, l968, not exceeding:	74035

(a) Three dollars and fifty cents per patient day if the cost	74036
of construction was three thousand five hundred dollars or more	74037
per bed;	74038

(b) Two dollars and fifty cents per patient day if the cost	74039
of construction was less than three thousand five hundred dollars	74040
per bed.	74041

(3) For facilities with dates of licensure after December 31,	74042
l967, but prior to January 1, l976, not exceeding:	74043

(a) Four dollars and fifty cents per patient day if the cost	74044
of construction was five thousand one hundred fifty dollars or	74045
more per bed;	74046

(b) Three dollars and fifty cents per patient day if the cost	74047
of construction was less than five thousand one hundred fifty	74048
dollars per bed, but exceeds three thousand five hundred dollars	74049
per bed;	74050

(c) Two dollars and fifty cents per patient day if the cost	74051
of construction was three thousand five hundred dollars or less	74052
per bed.	74053

(4) For facilities with dates of licensure after December 31,	74054
l975, but prior to January 1, l979, not exceeding:	74055

(a) Five dollars and fifty cents per patient day if the cost	74056
of construction was six thousand eight hundred dollars or more per	74057
bed;	74058

(b) Four dollars and fifty cents per patient day if the cost	74059
of construction was less than six thousand eight hundred dollars	74060
per bed but exceeds five thousand one hundred fifty dollars per	74061
bed;	74062

(c) Three dollars and fifty cents per patient day if the cost	74063
of construction was five thousand one hundred fifty dollars or	74064
less per bed, but exceeds three thousand five hundred dollars per	74065
bed;	74066

(d) Two dollars and fifty cents per patient day if the cost	74067
of construction was three thousand five hundred dollars or less	74068
per bed.	74069

(5) For facilities with dates of licensure after December 31,	74070
l978, but prior to January 1, l980, not exceeding:	74071

(a) Six dollars per patient day if the cost of construction	74072
was seven thousand six hundred twenty-five dollars or more per	74073
bed;	74074

(b) Five dollars and fifty cents per patient day if the cost	74075
of construction was less than seven thousand six hundred	74076
twenty-five dollars per bed but exceeds six thousand eight hundred	74077
dollars per bed;	74078

(c) Four dollars and fifty cents per patient day if the cost	74079
of construction was six thousand eight hundred dollars or less per	74080
bed but exceeds five thousand one hundred fifty dollars per bed;	74081

(d) Three dollars and fifty cents per patient day if the cost	74082
of construction was five thousand one hundred fifty dollars or	74083
less but exceeds three thousand five hundred dollars per bed;	74084

(e) Two dollars and fifty cents per patient day if the cost	74085
of construction was three thousand five hundred dollars or less	74086
per bed.	74087

(6) For facilities with dates of licensure after December 31,	74088
1979, but prior to January 1, 1981, not exceeding:	74089

(a) Twelve dollars per patient day if the beds were	74090
originally licensed as residential facility beds by the department	74091
of developmental disabilities;	74092

(b) Six dollars per patient day if the beds were originally	74093
licensed as nursing home beds by the department of health.	74094

(7) For facilities with dates of licensure after December 31,	74095
1980, but prior to January 1, 1982, not exceeding:	74096

(a) Twelve dollars per patient day if the beds were	74097
originally licensed as residential facility beds by the department	74098
of developmental disabilities;	74099

(b) Six dollars and forty-five cents per patient day if the	74100
beds were originally licensed as nursing home beds by the	74101
department of health.	74102

(8) For facilities with dates of licensure after December 31,	74103
1981, but prior to January 1, 1983, not exceeding:	74104

(a) Twelve dollars per patient day if the beds were	74105
originally licensed as residential facility beds by the department	74106
of developmental disabilities;	74107

(b) Six dollars and seventy-nine cents per patient day if the	74108
beds were originally licensed as nursing home beds by the	74109
department of health.	74110

(9) For facilities with dates of licensure after December 31,	74111
1982, but prior to January 1, 1984, not exceeding:	74112

(a) Twelve dollars per patient day if the beds were	74113
originally licensed as residential facility beds by the department	74114
of developmental disabilities;	74115

(b) Seven dollars and nine cents per patient day if the beds	74116
were originally licensed as nursing home beds by the department of	74117
health.	74118

(10) For facilities with dates of licensure after December	74119
31, 1983, but prior to January 1, 1985, not exceeding:	74120

(a) Twelve dollars and twenty-four cents per patient day if	74121
the beds were originally licensed as residential facility beds by	74122
the department of developmental disabilities;	74123

(b) Seven dollars and twenty-three cents per patient day if	74124
the beds were originally licensed as nursing home beds by the	74125
department of health.	74126

(11) For facilities with dates of licensure after December	74127
31, 1984, but prior to January 1, 1986, not exceeding:	74128

(a) Twelve dollars and fifty-three cents per patient day if	74129
the beds were originally licensed as residential facility beds by	74130
the department of developmental disabilities;	74131

(b) Seven dollars and forty cents per patient day if the beds	74132
were originally licensed as nursing home beds by the department of	74133
health.	74134

(12) For facilities with dates of licensure after December	74135
31, 1985, but prior to January 1, 1987, not exceeding:	74136

(a) Twelve dollars and seventy cents per patient day if the	74137
beds were originally licensed as residential facility beds by the	74138
department of developmental disabilities;	74139

(b) Seven dollars and fifty cents per patient day if the beds	74140
were originally licensed as nursing home beds by the department of	74141
health.	74142

(13) For facilities with dates of licensure after December	74143
31, 1986, but prior to January 1, 1988, not exceeding:	74144

(a) Twelve dollars and ninety-nine cents per patient day if	74145
the beds were originally licensed as residential facility beds by	74146
the department of developmental disabilities;	74147

(b) Seven dollars and sixty-seven cents per patient day if	74148
the beds were originally licensed as nursing home beds by the	74149
department of health.	74150

(14) For facilities with dates of licensure after December	74151
31, 1987, but prior to January 1, 1989, not exceeding thirteen	74152
dollars and twenty-six cents per patient day;	74153

(15) For facilities with dates of licensure after December	74154
31, 1988, but prior to January 1, 1990, not exceeding thirteen	74155
dollars and forty-six cents per patient day;	74156

(16) For facilities with dates of licensure after December	74157
31, 1989, but prior to January 1, 1991, not exceeding thirteen	74158
dollars and sixty cents per patient day;	74159

(17) For facilities with dates of licensure after December	74160
31, 1990, but prior to January 1, 1992, not exceeding thirteen	74161
dollars and forty-nine cents per patient day;	74162

(18) For facilities with dates of licensure after December	74163
31, 1991, but prior to January 1, 1993, not exceeding thirteen	74164
dollars and sixty-seven cents per patient day;	74165

(19) For facilities with dates of licensure after December	74166
31, 1992, not exceeding fourteen dollars and twenty-eight cents	74167
per patient day.	74168

(D) Beginning January 1, 1981, regardless of the original	74169
date of licensure, the department of job and family services shall	74170
pay a rate for the per diem capitalized costs of renovations to	74171
intermediate care facilities for the mentally retarded made after	74172
January 1, l981, not exceeding six dollars per patient day using	74173
1980 as the base year and adjusting the amount annually until June	74174
30, 1993, for fluctuations in construction costs calculated by the	74175
department using the "Dodge building cost indexes, northeastern	74176
and north central states," published by Marshall and Swift. The	74177
payment provided for in this division is the only payment that	74178
shall be made for the capitalized costs of a nonextensive	74179
renovation of an intermediate care facility for the mentally	74180
retarded. Nonextensive renovation costs shall not be included in	74181
cost of ownership, and a nonextensive renovation shall not affect	74182
the date of licensure for purposes of division (C) of this	74183
section. This division applies to nonextensive renovations	74184
regardless of whether they are made by an owner or a lessee. If	74185
the tenancy of a lessee that has made renovations ends before the	74186
depreciation expense for the renovation costs has been fully	74187
reported, the former lessee shall not report the undepreciated	74188
balance as an expense.	74189

For a nonextensive renovation to qualify for payment under	74190
this division, both of the following conditions must be met:	74191

(1) At least five years have elapsed since the date of	74192
licensure or date of an extensive renovation of the portion of the	74193
facility that is proposed to be renovated, except that this	74194
condition does not apply if the renovation is necessary to meet	74195
the requirements of federal, state, or local statutes, ordinances,	74196
rules, or policies.	74197

(2) The provider has obtained prior approval from the	74198
department of job and family services. The provider shall submit a	74199
plan that describes in detail the changes in capital assets to be	74200
accomplished by means of the renovation and the timetable for	74201
completing the project. The time for completion of the project	74202
shall be no more than eighteen months after the renovation begins.	74203
The director of job and family services shall adopt rules under	74204
section 5111.02 of the Revised Code that specify criteria and	74205
procedures for prior approval of renovation projects. No provider	74206
shall separate a project with the intent to evade the	74207
characterization of the project as a renovation or as an extensive	74208
renovation. No provider shall increase the scope of a project	74209
after it is approved by the department of job and family services	74210
unless the increase in scope is approved by the department.	74211

(E) The amounts specified in divisions (C) and (D) of this	74212
section shall be adjusted beginning July 1, 1993, for the	74213
estimated inflation for the twelve-month period beginning on the	74214
first day of July of the calendar year preceding the calendar year	74215
that precedes the fiscal year for which rate will be paid and	74216
ending on the thirtieth day of the following June, using the	74217
consumer price index for shelter costs for all urban consumers for	74218
the north central region, as published by the United States bureau	74219
of labor statistics.	74220

(F)(1) For facilities of eight or fewer beds that have dates	74221
of licensure or have been granted project authorization by the	74222
department of developmental disabilities before July 1, 1993, and	74223
for facilities of eight or fewer beds that have dates of licensure	74224
or have been granted project authorization after that date if the	74225
providers of the facilities demonstrate that they made substantial	74226
commitments of funds on or before that date, cost of ownership	74227
shall not exceed eighteen dollars and thirty cents per resident	74228
per day. The eighteen-dollar and thirty-cent amount shall be	74229
increased by the change in the "Dodge building cost indexes,	74230
northeastern and north central states," published by Marshall and	74231
Swift, during the period beginning June 30, 1990, and ending July	74232
1, 1993, and by the change in the consumer price index for shelter	74233
costs for all urban consumers for the north central region, as	74234
published by the United States bureau of labor statistics,	74235
annually thereafter.	74236

(2) For facilities with eight or fewer beds that have dates	74237
of licensure or have been granted project authorization by the	74238
department of developmental disabilities on or after July 1, 1993,	74239
for which substantial commitments of funds were not made before	74240
that date, cost of ownership payments shall not exceed the	74241
applicable amount calculated under division (F)(1) of this	74242
section, if the department of job and family services gives prior	74243
approval for construction of the facility. If the department does	74244
not give prior approval, cost of ownership payments shall not	74245
exceed the amount specified in division (C) of this section.	74246

(3) Notwithstanding divisions (D) and (F)(1) and (2) of this	74247
section, the total payment for cost of ownership, cost of	74248
ownership efficiency incentive, and capitalized costs of	74249
renovations for an intermediate care facility for the mentally	74250
retarded with eight or fewer beds shall not exceed the sum of the	74251
limitations specified in divisions (C) and (D) of this section.	74252

(G) Notwithstanding any provision of this section or section	74253
5111.241 of the Revised Code, the director of job and family	74254
services may adopt rules under section 5111.02 of the Revised Code	74255
that provide for a calculation of a combined maximum payment limit	74256
for indirect care costs and cost of ownership for intermediate	74257
care facilities for the mentally retarded with eight or fewer	74258
beds.	74259

(H) ~~After the date on which a transaction of sale is closed,~~	74260
~~the provider shall refund to the department the amount of excess~~	74261
~~depreciation paid to the provider for the facility by the~~	74262
~~department for each year the provider has operated the facility~~	74263
~~under a provider agreement and prorated according to the number of~~	74264
~~medicaid patient days for which the provider has received payment~~	74265
~~for the facility. For the purposes of this division, "depreciation~~	74266
~~paid to the provider for the facility" means the amount paid to~~	74267
~~the provider for the intermediate care facility for the mentally~~	74268
~~retarded for cost of ownership pursuant to this section less any~~	74269
~~amount paid for interest costs. For the purposes of this division,~~	74270
~~"excess depreciation" is the intermediate care facility for the~~	74271
~~mentally retarded's depreciated basis, which is the provider's~~	74272
~~cost less accumulated depreciation, subtracted from the purchase~~	74273
~~price but not exceeding the amount of depreciation paid to the~~	74274
~~provider for the facility.~~	74275

~~(I)~~ The department of job and family services shall pay a	74276
provider for each of the provider's eligible proprietary	74277
intermediate care facilities for the mentally retarded a return on	74278
the facility's net equity computed at the rate of one and one-half	74279
times the average of interest rates on special issues of public	74280
debt obligations issued to the federal hospital insurance trust	74281
fund for the cost reporting period. No facility's return on net	74282
equity paid under this division shall exceed one dollar per	74283
patient day.	74284

In calculating the rate for return on net equity, the	74285
department shall use the greater of the facility's inpatient days	74286
during the applicable cost reporting period or the number of	74287
inpatient days the facility would have had during that period if	74288
its occupancy rate had been ninety-five per cent.	74289

~~(J)~~(I)(1) Except as provided in division ~~(J)~~(I)(2) of this	74290
section, if a provider leases or transfers an interest in a	74291
facility to another provider who is a related party, the related	74292
party's allowable cost of ownership shall include the lesser of	74293
the following:	74294

(a) The annual lease expense or actual cost of ownership,	74295
whichever is applicable;	74296

(b) The reasonable cost to the lessor or provider making the	74297
transfer.	74298

(2) If a provider leases or transfers an interest in a	74299
facility to another provider who is a related party, regardless of	74300
the date of the lease or transfer, the related party's allowable	74301
cost of ownership shall include the annual lease expense or actual	74302
cost of ownership, whichever is applicable, subject to the	74303
limitations specified in divisions (B) to ~~(I)~~(H) of this section,	74304
if all of the following conditions are met:	74305

(a) The related party is a relative of owner;

74306

(b) In the case of a lease, if the lessor retains any	74307
ownership interest, it is, except as provided in division	74308
~~(J)~~(I)(2)(d)(ii) of this section, in only the real property and	74309
any improvements on the real property;	74310

(c) In the case of a transfer, the provider making the	74311
transfer retains, except as provided in division ~~(J)~~(I)(2)(d)(iv)	74312
of this section, no ownership interest in the facility;	74313

(d) The department of job and family services determines that	74314
the lease or transfer is an arm's length transaction pursuant to	74315
rules adopted under section 5111.02 of the Revised Code. The rules	74316
shall provide that a lease or transfer is an arm's length	74317
transaction if all of the following, as applicable, apply:	74318

(i) In the case of a lease, once the lease goes into effect,	74319
the lessor has no direct or indirect interest in the lessee or,	74320
except as provided in division ~~(J)~~(I)(2)(b) of this section, the	74321
facility itself, including interest as an owner, officer,	74322
director, employee, independent contractor, or consultant, but	74323
excluding interest as a lessor.	74324

(ii) In the case of a lease, the lessor does not reacquire an	74325
interest in the facility except through the exercise of a lessor's	74326
rights in the event of a default. If the lessor reacquires an	74327
interest in the facility in this manner, the department shall	74328
treat the facility as if the lease never occurred when the	74329
department calculates its reimbursement rates for capital costs.	74330

(iii) In the case of a transfer, once the transfer goes into	74331
effect, the provider that made the transfer has no direct or	74332
indirect interest in the provider that acquires the facility or	74333
the facility itself, including interest as an owner, officer,	74334
director, employee, independent contractor, or consultant, but	74335
excluding interest as a creditor.	74336

(iv) In the case of a transfer, the provider that made the	74337
transfer does not reacquire an interest in the facility except	74338
through the exercise of a creditor's rights in the event of a	74339
default. If the provider reacquires an interest in the facility in	74340
this manner, the department shall treat the facility as if the	74341
transfer never occurred when the department calculates its	74342
reimbursement rates for capital costs.	74343

(v) The lease or transfer satisfies any other criteria	74344
specified in the rules.	74345

(e) Except in the case of hardship caused by a catastrophic	74346
event, as determined by the department, or in the case of a lessor	74347
or provider making the transfer who is at least sixty-five years	74348
of age, not less than twenty years have elapsed since, for the	74349
same facility, allowable cost of ownership was determined most	74350
recently under this division.	74351

Sec. 5111.254. (A) The department of job and family services	74352
shall establish initial rates for a nursing facility with a first	74353
date of licensure that is on or after July 1, 2006, including a	74354
facility that replaces one or more existing facilities, or for a	74355
nursing facility with a first date of licensure before that date	74356
that was initially certified for the medicaid program on or after	74357
that date, in the following manner:	74358

(1) The rate for direct care costs shall be the product of	74359
the cost per case-mix unit determined under division (D) of	74360
section 5111.231 of the Revised Code for the facility's peer group	74361
and the nursing facility's case-mix score. For the purpose of	74362
division (A)(1) of this section, the nursing facility's case-mix	74363
score shall be the following:	74364

(a) Unless the nursing facility replaces an existing nursing	74365
facility that participated in the medicaid program immediately	74366
before the replacement nursing facility begins participating in	74367
the medicaid program, the median annual average case-mix score for	74368
the nursing facility's peer group;	74369

(b) If the nursing facility replaces an existing nursing	74370
facility that participated in the medicaid program immediately	74371
before the replacement nursing facility begins participating in	74372
the medicaid program, the semiannual case-mix score most recently	74373
determined under section 5111.232 of the Revised Code for the	74374
replaced nursing facility as adjusted, if necessary, to reflect	74375
any difference in the number of beds in the replaced and	74376
replacement nursing facilities.	74377

(2) The rate for ancillary and support costs shall be the	74378
rate for the facility's peer group determined under division (D)	74379
of section 5111.24 of the Revised Code.	74380

(3) The rate for capital costs shall be the ~~median~~ rate for	74381
the facility's peer group determined under division (D) of section	74382
5111.25 of the Revised Code.	74383

(4) The rate for tax costs as defined in section 5111.242 of	74384
the Revised Code shall be the median rate for tax costs for the	74385
facility's peer group in which the facility is placed under	74386
division (C) of section 5111.24 of the Revised Code.	74387

(5) The quality incentive payment, if any, shall be the mean	74388
payment ~~specified in division (B) of~~made to nursing facilities	74389
under section 5111.244 of the Revised Code.	74390

(B) Subject to division (C) of this section, the department	74391
shall adjust the rates established under division (A) of this	74392
section effective the first day of July, to reflect new rate	74393
calculations for all nursing facilities under sections 5111.20 to	74394
5111.33 of the Revised Code.	74395

(C) If a rate for direct care costs is determined under this	74396
section for a nursing facility using the median annual average	74397
case-mix score for the nursing facility's peer group, the rate	74398
shall be redetermined to reflect the replacement nursing	74399
facility's actual semiannual case-mix score determined under	74400
section 5111.232 of the Revised Code after the nursing facility	74401
submits its first two quarterly assessment data that qualify for	74402
use in calculating a case-mix score in accordance with rules	74403
authorized by division (E) of section 5111.232 of the Revised	74404
Code. If the nursing facility's quarterly submissions do not	74405
qualify for use in calculating a case-mix score, the department	74406
shall continue to use the median annual average case-mix score for	74407
the nursing facility's peer group in lieu of the nursing	74408
facility's semiannual case-mix score until the nursing facility	74409
submits two consecutive quarterly assessment data that qualify for	74410
use in calculating a case-mix score.	74411

Sec. 5111.258. (A) Notwithstanding sections 5111.20 to	74412
5111.33 of the Revised Code (except section 5111.259 of the	74413
Revised Code), the director of job and family services shall adopt	74414
rules under section 5111.02 of the Revised Code that establish a	74415
methodology for calculating the prospective rates that will be	74416
paid each fiscal year to a provider for each of the provider's	74417
eligible nursing facilities and intermediate care facilities for	74418
the mentally retarded, and discrete units of the provider's	74419
nursing facilities or intermediate care facilities for the	74420
mentally retarded, that serve residents who have diagnoses or	74421
special care needs that require direct care resources that are not	74422
measured adequately by the applicable assessment instrument	74423
specified in rules authorized by section 5111.232 of the Revised	74424
Code, or who have diagnoses or special care needs specified in the	74425
rules as otherwise qualifying for consideration under this	74426
section. The facilities and units of facilities whose rates are	74427
established under this division may include, but shall not be	74428
limited to, any of the following:	74429

(1) In the case of nursing facilities, facilities and units	74430
of facilities that serve medically fragile pediatric residents,	74431
residents who are dependent on ventilators, or residents who have	74432
severe traumatic brain injury, end-stage Alzheimer's disease, or	74433
end-stage acquired immunodeficiency syndrome;	74434

(2) In the case of intermediate care facilities for the	74435
mentally retarded, facilities and units of facilities that serve	74436
residents who have complex medical conditions or severe behavioral	74437
problems.	74438

The department shall use the methodology established under	74439
this division to pay for services rendered by such facilities and	74440
units after June 30, 1993.	74441

The rules authorized by this division shall specify the	74442
criteria and procedures the department will apply when designating	74443
facilities and units that qualify for calculation of rates under	74444
this division. The criteria shall include consideration of whether	74445
all of the allowable costs of the facility or unit would be paid	74446
by rates established under sections 5111.20 to 5111.33 of the	74447
Revised Code, and shall establish a minimum bed size for a	74448
facility or unit to qualify to have its rates established under	74449
this division. The criteria shall not be designed to require that	74450
residents be served only in facilities located in large cities.	74451
The methodology established by the rules shall consider the	74452
historical costs of providing care to the residents of the	74453
facilities or units.	74454

The rules may require that a facility designated under this	74455
division or containing a unit designated under this division	74456
receive authorization from the department to admit or retain a	74457
resident to the facility or unit and shall specify the criteria	74458
and procedures the department will apply when granting that	74459
authorization.	74460

Notwithstanding any other provision of sections 5111.20 to	74461
5111.33 of the Revised Code (except section 5111.259 of the	74462
Revised Code), the costs incurred by facilities or units whose	74463
rates are established under this division shall not be considered	74464
in establishing payment rates for other facilities or units.	74465

(B) The director may adopt rules under section 5111.02 of the	74466
Revised Code under which the department, notwithstanding any other	74467
provision of sections 5111.20 to 5111.33 of the Revised Code	74468
(except section 5111.259 of the Revised Code), may adjust the	74469
rates determined under sections 5111.20 to 5111.33 of the Revised	74470
Code for a facility that serves a resident who has a diagnosis or	74471
special care need that, in the rules authorized by division (A) of	74472
this section, would qualify a facility or unit of a facility to	74473
have its rate determined under that division, but who is not in	74474
such a unit. The rules may require that a facility that qualifies	74475
for a rate adjustment under this division receive authorization	74476
from the department to admit or retain a resident who qualifies	74477
the facility for the rate adjustment and shall specify the	74478
criteria and procedures the department will apply when granting	74479
that authorization.	74480

Sec. 5111.259. The director of job and family services may	74481
submit a request to the United States secretary of health and	74482
human services for approval to establish a centers of excellence	74483
component of the medicaid program. The purpose of the centers of	74484
excellence component is to increase the efficiency and quality of	74485
nursing facility services provided to medicaid recipients with	74486
complex nursing facility service needs. If federal approval for	74487
the centers of excellence component is granted, the director may	74488
adopt rules under section 5111.02 of the Revised Code governing	74489
the component, including rules that establish a method of	74490
determining the medicaid reimbursement rates for nursing	74491
facilities providing nursing facility services to medicaid	74492
recipients participating in the component. The rules may specify	74493
the extent to which, if any, of the provisions of section 5111.258	74494
of the Revised Code are to apply to the centers of excellence	74495
component. If such rules are adopted, the nursing facilities that	74496
provide nursing facility services to medicaid recipients	74497
participating in the centers of excellence component shall be paid	74498
for those services in accordance with the method established in	74499
the rules notwithstanding anything to the contrary in sections	74500
5111.20 to 5111.33 of the Revised Code.	74501

Sec. 5111.261. (A) Except as provided in division (B) of	74502
this section and not later than three years after a provider files	74503
a cost report with the department of job and family services under	74504
section 5111.26 of the Revised Code, the provider may amend the	74505
cost report if the provider discovers a material error in the cost	74506
report or additional information to be included in the cost	74507
report. The department shall review the amended cost report for	74508
accuracy and notify the provider of its determination.	74509

(B) A provider may not amend a cost report if the department	74510
has notified the provider that an audit of the cost report or a	74511
cost report of the provider for a subsequent cost reporting period	74512
is to be conducted under section 5111.27 of the Revised Code. The	74513
provider may, however, provide the department information that	74514
affects the costs included in the cost report. Such information	74515
may not be provided after the adjudication of the final settlement	74516
of the cost report.	74517

~~Sec. 5111.261.~~ Sec. 5111.263. Except as otherwise provided in	74518
section 5111.264 of the Revised Code, the department of job and	74519
family services, in determining whether an intermediate care	74520
facility for the mentally retarded's direct care costs and	74521
indirect care costs are allowable, shall place no limit on	74522
specific categories of reasonable costs other than compensation of	74523
owners, compensation of relatives of owners, and compensation of	74524
administrators.	74525

Compensation cost limits for owners and relatives of owners	74526
shall be based on compensation costs for individuals who hold	74527
comparable positions but who are not owners or relatives of	74528
owners, as reported on facility cost reports. As used in this	74529
section, "comparable position" means the position that is held by	74530
the owner or the owner's relative, if that position is listed	74531
separately on the cost report form, or if the position is not	74532
listed separately, the group of positions that is listed on the	74533
cost report form and that includes the position held by the owner	74534
or the owner's relative. In the case of an owner or owner's	74535
relative who serves the facility in a capacity such as corporate	74536
officer, proprietor, or partner for which no comparable position	74537
or group of positions is listed on the cost report form, the	74538
compensation cost limit shall be based on civil service	74539
equivalents and shall be specified in rules adopted under section	74540
5111.02 of the Revised Code.	74541

Compensation cost limits for administrators shall be based on	74542
compensation costs for administrators who are not owners or	74543
relatives of owners, as reported on facility cost reports.	74544
Compensation cost limits for administrators of four or more	74545
intermediate care facilities for the mentally retarded shall be	74546
the same as the limits for administrators of intermediate care	74547
facilities for the mentally retarded with one hundred fifty or	74548
more beds.	74549

Sec. 5111.27. (A) The department of job and family services	74550
shall conduct a desk review of each cost report it receives under	74551
section 5111.26 of the Revised Code. Based on the desk review, the	74552
department shall make a preliminary determination of whether the	74553
reported costs are allowable costs. The department shall notify	74554
each provider of whether any of the reported costs are	74555
preliminarily determined not to be allowable, the rate calculation	74556
under sections 5111.20 to 5111.33 of the Revised Code that results	74557
from that determination, and the reasons for the determination and	74558
resulting rate. The department shall allow the provider to verify	74559
the calculation and submit additional information.	74560

(B) The department may conduct an audit, as defined by rule	74561
adopted under section 5111.02 of the Revised Code, of any cost	74562
report ~~and shall notify the provider of its findings.~~	74563

~~Audits shall be conducted by auditors under contract with or~~	74564
~~employed by the department~~. The decision whether to conduct an	74565
audit and the scope of the audit, which may be a desk or field	74566
audit, ~~shall~~may be determined based on prior performance of the	74567
provider ~~and may be based on~~, a risk analysis, or other evidence	74568
that gives the department reason to believe that the provider has	74569
reported costs improperly. A desk or field audit may be performed	74570
annually, but is required whenever a provider does not pass the	74571
risk analysis tolerance factors. An audit shall be conducted by	74572
auditors under contract with or employed by the department. The	74573
department shall notify a provider of the findings of an audit by	74574
issuing an audit report. An audit report regarding a nursing	74575
facility shall include notice of any fine imposed under section	74576
5111.271 of the Revised Code. The department shall issue the audit	74577
report no later than three years after the cost report is filed,	74578
or upon the completion of a desk or field audit on the report or a	74579
report for a subsequent cost reporting period, whichever is	74580
earlier. ~~During the time within which the department may issue an~~	74581
~~audit report, the provider may amend the cost report upon~~	74582
~~discovery of a material error or material additional information.~~	74583
~~The department shall review the amended cost report for accuracy~~	74584
~~and notify the provider of its determination.~~	74585

The department may establish a contract for the auditing of	74586
facilities by outside firms. Each contract entered into by bidding	74587
shall be effective for one to two years. The department shall	74588
establish an audit manual and program which shall require that all	74589
field audits, conducted either pursuant to a contract or by	74590
department employees:	74591

(1) Comply with the applicable rules prescribed pursuant to	74592
Titles XVIII and XIX;	74593

(2) Consider generally accepted auditing standards prescribed	74594
by the American institute of certified public accountants;	74595

(3) Include a written summary as to whether the costs	74596
included in the report examined during the audit are allowable and	74597
are presented ~~fairly~~ in accordance with ~~generally accepted~~	74598
~~accounting principles and department rules~~state and federal laws	74599
and regulations, and whether, in all material respects, allowable	74600
costs are documented, reasonable, and related to patient care;	74601

(4) Are conducted by accounting firms or auditors who, during	74602
the period of the auditors' professional engagement or employment	74603
and during the period covered by the cost reports, do not have nor	74604
are committed to acquire any direct or indirect financial interest	74605
in the ownership, financing, or operation of a nursing facility or	74606
intermediate care facility for the mentally retarded in this	74607
state;	74608

(5) Are conducted by accounting firms or auditors who, as a	74609
condition of the contract or employment, shall not audit any	74610
facility that has been a client of the firm or auditor;	74611

(6) Are conducted by auditors who are otherwise independent	74612
as determined by the standards of independence ~~established by~~	74613
included in the ~~American institute of certified public accountants~~	74614
government auditing standards produced by the United States	74615
government accountability office;	74616

(7) Are completed within the time period specified by the	74617
department;	74618

(8) Provide to the provider complete written interpretations	74619
that explain in detail the application of all relevant contract	74620
provisions, regulations, auditing standards, rate formulae, and	74621
departmental policies, with explanations and examples, that are	74622
sufficient to permit the provider to calculate with reasonable	74623
certainty those costs that are allowable and the rate to which the	74624
provider's facility is entitled.	74625

For the purposes of division (B)(4) of this section,	74626
employment of a member of an auditor's family by a nursing	74627
facility or intermediate care facility for the mentally retarded	74628
that the auditor does not review does not constitute a direct or	74629
indirect financial interest in the ownership, financing, or	74630
operation of the facility.	74631

(C) The department, pursuant to rules adopted under section	74632
5111.02 of the Revised Code, may conduct an exception review of	74633
assessment data submitted under section 5111.232 of the Revised	74634
Code. The department may conduct an exception review based on the	74635
findings of a certification survey conducted by the department of	74636
health, a risk analysis, or prior performance of the provider.	74637

Exception reviews shall be conducted at the facility by	74638
appropriate health professionals under contract with or employed	74639
by the department of job and family services. The professionals	74640
may review resident assessment forms and supporting documentation,	74641
conduct interviews, and observe residents to identify any patterns	74642
or trends of inaccurate assessments and resulting inaccurate	74643
case-mix scores.	74644

The rules shall establish an exception review program that	74645
requires that exception reviews do all of the following:	74646

(1) Comply with Titles XVIII and XIX;

74647

(2) Provide a written summary that states whether the	74648
resident assessment forms have been completed accurately;	74649

(3) Are conducted by health professionals who, during the	74650
period of their professional engagement or employment with the	74651
department, neither have nor are committed to acquire any direct	74652
or indirect financial interest in the ownership, financing, or	74653
operation of a nursing facility or intermediate care facility for	74654
the mentally retarded in this state;	74655

(4) Are conducted by health professionals who, as a condition	74656
of their engagement or employment with the department, shall not	74657
review any provider that has been a client of the professional.	74658

For the purposes of division (C)(3) of this section,	74659
employment of a member of a health professional's family by a	74660
nursing facility or intermediate care facility for the mentally	74661
retarded that the professional does not review does not constitute	74662
a direct or indirect financial interest in the ownership,	74663
financing, or operation of the facility.	74664

If an exception review is conducted before the effective date	74665
of the rate that is based on the case-mix data subject to the	74666
review and the review results in findings that exceed tolerance	74667
levels specified in the rules adopted under this division, the	74668
department, in accordance with those rules, may use the findings	74669
to recalculate individual resident case-mix scores, quarterly	74670
average facility case-mix scores, and annual average facility	74671
case-mix scores. The department may use the recalculated quarterly	74672
and annual facility average case-mix scores to calculate the	74673
facility's rate for direct care costs for the appropriate calendar	74674
quarter or quarters.	74675

(D) The department shall prepare a written summary of any	74676
audit disallowance or exception review finding that is made after	74677
the effective date of the rate that is based on the cost or	74678
case-mix data. Where the provider is pursuing judicial or	74679
administrative remedies in good faith regarding the disallowance	74680
or finding, the department shall not withhold from the provider's	74681
current payments any amounts the department claims to be due from	74682
the provider pursuant to section 5111.28 of the Revised Code.	74683

(E) The department shall not reduce rates calculated under	74684
sections 5111.20 to 5111.33 of the Revised Code on the basis that	74685
the provider charges a lower rate to any resident who is not	74686
eligible for the medicaid program.	74687

(F) The department shall adjust the rates calculated under	74688
sections 5111.20 to 5111.33 of the Revised Code to account for	74689
reasonable additional costs that must be incurred by intermediate	74690
care facilities for the mentally retarded to comply with	74691
requirements of federal or state statutes, rules, or policies	74692
enacted or amended after January 1, 1992, or with orders issued by	74693
state or local fire authorities.	74694

Sec. 5111.271. (A) Subject to division (D) of this section,	74695
the department of job and family services shall fine the provider	74696
of a nursing facility if the report of an audit conducted under	74697
division (B) of section 5111.27 of the Revised Code regarding a	74698
cost report for the nursing facility includes either of the	74699
following:	74700

(1) Adverse findings that exceed three per cent of the total	74701
amount of medicaid-reimbursable costs reported in the cost report;	74702

(2) Adverse findings that exceed twenty per cent of	74703
medicaid-reimbursable costs for a particular cost center reported	74704
in the cost report.	74705

(B) A fine issued under this section shall equal the	74706
following:	74707

(1) If the adverse findings exceed three per cent but do not	74708
exceed ten per cent of the total amount of medicaid-reimbursable	74709
costs reported in the cost report, the greater of three per cent	74710
of those reported costs or ten thousand dollars;	74711

(2) If the adverse findings exceed ten per cent but do not	74712
exceed twenty per cent of the total amount of	74713
medicaid-reimbursable costs reported in the cost report, the	74714
greater of six per cent of those reported costs or twenty-five	74715
thousand dollars;	74716

(3) If the adverse findings exceed twenty per cent of the	74717
total amount of medicaid-reimbursable costs reported in the cost	74718
report, the greater of ten per cent of those reported costs or	74719
fifty thousand dollars;	74720

(4) If the adverse findings exceed twenty per cent but do not	74721
exceed twenty-five per cent of medicaid-reimbursable costs for a	74722
particular cost center reported in the cost report, the greater of	74723
three per cent of those reported costs or ten thousand dollars;	74724

(5) If the adverse findings exceed twenty-five per cent but	74725
do not exceed thirty per cent of medicaid-reimbursable costs for a	74726
particular cost center reported in the cost report, the greater of	74727
six per cent of those reported costs or twenty-five thousand	74728
dollars;	74729

(6) If the adverse findings exceed thirty per cent of	74730
medicaid-reimbursable costs for a particular cost center reported	74731
in the cost report, the greater of ten per cent of those reported	74732
costs or fifty thousand dollars.	74733

(C) The department shall transmit fines paid under this	74734
section to the treasurer of state for deposit in the general	74735
revenue fund.	74736

(D) The department may not issue a fine under this section	74737
until all appeal rights relating to the audit report that is the	74738
basis for the fine are exhausted.	74739

Sec. 5111.28. (A) If a provider properly amends its cost	74740
report under section ~~5111.27~~5111.261 of the Revised Code and the	74741
amended report shows that the provider received a lower rate under	74742
the original cost report than it was entitled to receive, the	74743
department of job and family services shall adjust the provider's	74744
rate prospectively to reflect the corrected information. The	74745
department shall pay the adjusted rate beginning two months after	74746
the first day of the month after the provider files the amended	74747
cost report. If the department finds, from an exception review of	74748
resident assessment information conducted after the effective date	74749
of the rate for direct care costs that is based on the assessment	74750
information, that inaccurate assessment information resulted in	74751
the provider receiving a lower rate than it was entitled to	74752
receive, the department prospectively shall adjust the provider's	74753
rate accordingly and shall make payments using the adjusted rate	74754
for the remainder of the calendar quarter for which the assessment	74755
information is used to determine the rate, beginning one month	74756
after the first day of the month after the exception review is	74757
completed.	74758

(B) If the provider properly amends its cost report under	74759
section ~~5111.27~~5111.261 of the Revised Code, the department makes	74760
a finding based on an audit under ~~that~~ section 5111.27 of the	74761
Revised Code, or the department makes a finding based on an	74762
exception review of resident assessment information conducted	74763
under ~~that~~ section 5111.27 of the Revised Code after the effective	74764
date of the rate for direct care costs that is based on the	74765
assessment information, any of which results in a determination	74766
that the provider has received a higher rate than it was entitled	74767
to receive, the department shall recalculate the provider's rate	74768
using the revised information. The department shall apply the	74769
recalculated rate to the periods when the provider received the	74770
incorrect rate to determine the amount of the overpayment. The	74771
provider shall refund the amount of the overpayment.	74772

In addition to requiring a refund under this division, the	74773
department may charge the provider interest at the applicable rate	74774
specified in this division from the time the overpayment was made.	74775

(1) If the overpayment resulted from costs reported for	74776
calendar year 1993, the interest shall be no greater than one and	74777
one-half times the average bank prime rate.	74778

(2) If the overpayment resulted from costs reported for	74779
subsequent calendar years:	74780

(a) The interest shall be no greater than two times the	74781
average bank prime rate if the overpayment was equal to or less	74782
than one per cent of the total medicaid payments to the provider	74783
for the fiscal year for which the incorrect information was used	74784
to establish a rate.	74785

(b) The interest shall be no greater than two and one-half	74786
times the current average bank prime rate if the overpayment was	74787
greater than one per cent of the total medicaid payments to the	74788
provider for the fiscal year for which the incorrect information	74789
was used to establish a rate.	74790

74791

(1) If a provider does not furnish invoices or other	74792
documentation that the department requests during an audit within	74793
sixty days after the request, no more than the greater of one	74794
thousand dollars per audit or twenty-five per cent of the	74795
cumulative amount by which the costs for which documentation was	74796
not furnished increased the total medicaid payments to the	74797
provider during the fiscal year for which the costs were used to	74798
establish a rate;	74799

(2) If an exiting operator or owner fails to provide notice	74800
of a facility closure, voluntary termination, or voluntary	74801
withdrawal of participation in the medicaid program as required by	74802
section 5111.66 of the Revised Code, or an exiting operator or	74803
owner and entering operator fail to provide notice of a change of	74804
operator as required by section 5111.67 of the Revised Code, no	74805
more than the current average bank prime rate plus four per cent	74806
of the last two monthly payments.	74807

(D) If the provider continues to participate in the medicaid	74808
program, the department shall deduct any amount that the provider	74809
is required to refund under this section, and the amount of any	74810
interest charged or penalty imposed under this section, from the	74811
next available payment from the department to the provider. The	74812
department and the provider may enter into an agreement under	74813
which the amount, together with interest, is deducted in	74814
installments from payments from the department to the provider.	74815

(E) The department shall transmit refunds and penalties to	74816
the treasurer of state for deposit in the general revenue fund.	74817

(F) For the purpose of this section, the department shall	74818
determine the average bank prime rate using statistical release	74819
H.15, "selected interest rates," a weekly publication of the	74820
federal reserve board, or any successor publication. If	74821
statistical release H.15, or its successor, ceases to contain the	74822
bank prime rate information or ceases to be published, the	74823
department shall request a written statement of the average bank	74824
prime rate from the federal reserve bank of Cleveland or the	74825
federal reserve board.	74826

Sec. 5111.33. ~~Reimbursement to a provider under sections~~	74827
~~5111.20 to 5111.32 of the Revised Code shall include payments to~~	74828
~~the provider, at a rate equal to the percentage of the per~~	74829
~~resident per day rates that the~~(A) The department of job and	74830
family services ~~has established for the provider's nursing~~	74831
~~facility or intermediate care facility for the mentally retarded~~	74832
may make payments to a provider under sections 5111.20 to 5111.33	74833
of the Revised Code ~~for the fiscal year for which the cost of~~	74834
~~services is reimbursed,~~ to reserve a bed for a recipient during a	74835
temporary absence under conditions prescribed by the department,	74836
to include hospitalization for an acute condition, visits with	74837
relatives and friends, and participation in therapeutic programs	74838
outside the facility, when the resident's plan of care provides	74839
for such absence and federal participation in the payments is	74840
available. ~~The~~	74841

(B) The maximum period ~~during~~for which payments may be made	74842
to reserve a bed shall not exceed the ~~maximum period specified~~	74843
~~under federal regulations, and shall not be more than~~following:	74844

(1) For calendar year 2011 and in the case of a bed in a	74845
nursing facility, thirty days ~~during any calendar year for~~	74846
~~hospital stays, visits with relatives and friends, and~~	74847
~~participation in therapeutic programs~~;	74848

(2) For calendar year 2012 and each calendar year thereafter	74849
and in the case of a bed in a nursing facility, fifteen days;	74850

(3) For any calendar year and in the case of a bed in an	74851
intermediate care facility for the mentally retarded, the number	74852
of days specified in rules adopted under section 5111.02 of the	74853
Revised Code. ~~Recipients who have been identified by the~~	74854
~~department as requiring the level of care of an intermediate care~~	74855
~~facility for the mentally retarded shall not be subject to a~~	74856
~~maximum period during which payments may be made to reserve a bed~~	74857
~~if prior authorization of the department is obtained for hospital~~	74858
~~stays, visits with relatives and friends, and participation in~~	74859
~~therapeutic programs. The director of job and family services~~	74860
~~shall adopt rules under section 5111.02 of the Revised Code~~	74861
~~establishing conditions under which prior authorization may be~~	74862
~~obtained.~~	74863

(C) The department shall establish the per diem rates to be	74864
paid to providers for reserving beds under this section. In	74865
establishing the per diem rates, the department shall do the	74866
following:	74867

(1) In the case of a payment to reserve a bed in a nursing	74868
facility for a day during calendar year 2011, set the per diem	74869
rate at an amount not exceeding fifty per cent of the per diem	74870
rate the provider would be paid if the recipient were not absent	74871
from the nursing facility that day;	74872

(2) In the case of a payment to reserve a bed in a nursing	74873
facility for a day during calendar year 2012 and each calendar	74874
year thereafter, set the per diem rate at an amount not exceeding	74875
twenty-five per cent of the per diem rate the provider would be	74876
paid if the recipient were not absent from the nursing facility	74877
that day;	74878

(3) In the case of a payment to reserve a bed in an	74879
intermediate care facility for the mentally retarded for a day	74880
during any calendar year, set the per diem rate at an amount equal	74881
to a percentage specified in rules adopted under section 5111.02	74882
of the Revised Code of the per diem rate the provider would be	74883
paid if the recipient were not absent from the facility that day.	74884

Sec. 5111.35. As used in this section "a resident's rights"	74885
means the rights of a nursing facility resident under sections	74886
3721.10 to 3721.17 of the Revised Code and subsection (c) of	74887
section 1819 or 1919 of the "Social Security Act," 49 Stat. 620	74888
(1935), 42 U.S.C.A. 301, as amended, and regulations issued under	74889
those subsections.	74890

As used in sections 5111.35 to 5111.62 of the Revised Code:

74891

(A) "Certification requirements" means the requirements for	74892
nursing facilities established under sections 1819 and 1919 of the	74893
"Social Security Act."	74894

(B) "Compliance" means substantially meeting all applicable	74895
certification requirements.	74896

(C) "Contracting agency" means a state agency that has	74897
entered into a contract with the department of job and family	74898
services under section 5111.38 of the Revised Code.	74899

(D)(1) "Deficiency" means a finding cited by the department	74900
of health during a survey, on the basis of one or more actions,	74901
practices, situations, or incidents occurring at a nursing	74902
facility, that constitutes a severity level three finding,	74903
severity level four finding, scope level three finding, or scope	74904
level four finding. Whenever the finding is a repeat finding,	74905
"deficiency" also includes any finding that is a severity level	74906
two and scope level one finding, a severity level two and scope	74907
level two finding, or a severity level one and scope level two	74908
finding.	74909

(2) "Cluster of deficiencies" means deficiencies that result	74910
from noncompliance with two or more certification requirements and	74911
are causing or resulting from the same action, practice,	74912
situation, or incident.	74913

(E) "Emergency" means either of the following:

74914

(1) A deficiency or cluster of deficiencies that creates a	74915
condition of immediate jeopardy;	74916

(2) An unexpected situation or sudden occurrence of a serious	74917
or urgent nature that creates a substantial likelihood that one or	74918
more residents of a nursing facility may be seriously harmed if	74919
allowed to remain in the facility, including the following:	74920

(a) A flood or other natural disaster, civil disaster, or	74921
similar event;	74922

(b) A labor strike that suddenly causes the number of staff	74923
members in a nursing facility to be below that necessary for	74924
resident care.	74925

(F) "Finding" means a finding of noncompliance with	74926
certification requirements determined by the department of health	74927
under section 5111.41 of the Revised Code.	74928

(G) "Immediate jeopardy" means that one or more residents of	74929
a nursing facility are in imminent danger of serious physical or	74930
life-threatening harm.	74931

(H) "Medicaid eligible resident" means a person who is a	74932
resident of a nursing facility, or is applying for admission to a	74933
nursing facility, and is eligible to receive financial assistance	74934
under the medical assistance program for the care the person	74935
receives in such a facility.	74936

(I) "Noncompliance" means failure to substantially meet all	74937
applicable certification requirements.	74938

(J) "Nursing facility" has the same meaning as in section	74939
5111.20 of the Revised Code.	74940

(K) "Provider" means a person, institution, or entity that	74941
furnishes nursing facility services under a medical assistance	74942
program provider agreement.	74943

(L) "Provider agreement" means a contract between the	74944
department of job and family services and a provider for the	74945
provision of nursing facility services under the medicaid program.	74946

(M) "Repeat finding" or "repeat deficiency" means a finding	74947
or deficiency cited pursuant to a survey, to which both of the	74948
following apply:	74949

(1) The finding or deficiency involves noncompliance with the	74950
same certification requirement, and the same kind of actions,	74951
practices, situations, or incidents caused by or resulting from	74952
the noncompliance, as were cited in the immediately preceding	74953
standard survey or another survey conducted subsequent to the	74954
immediately preceding standard survey of the facility. For	74955
purposes of this division, actions, practices, situations, or	74956
incidents may be of the same kind even though they involve	74957
different residents, staff, or parts of the facility.	74958

(2) The finding or deficiency is cited subsequent to a	74959
determination by the department of health that the finding or	74960
deficiency cited on the immediately preceding standard survey, or	74961
another survey conducted subsequent to the immediately preceding	74962
standard survey, had been corrected.	74963

~~(M)~~(N)(1) "Scope level one finding" means a finding of	74964
noncompliance by a nursing facility in which the actions,	74965
situations, practices, or incidents causing or resulting from the	74966
noncompliance affect one or a very limited number of facility	74967
residents and involve one or a very limited number of facility	74968
staff members.	74969

(2) "Scope level two finding" means a finding of	74970
noncompliance by a nursing facility in which the actions,	74971
situations, practices, or incidents causing or resulting from the	74972
noncompliance affect more than a limited number of facility	74973
residents or involve more than a limited number of facility staff	74974
members, but the number or percentage of facility residents	74975
affected or staff members involved and the number or frequency of	74976
the actions, situations, practices, or incidents in short	74977
succession does not establish any reasonable degree of	74978
predictability of similar actions, situations, practices, or	74979
incidents occurring in the future.	74980

(3) "Scope level three finding" means a finding of	74981
noncompliance by a nursing facility in which the actions,	74982
situations, practices, or incidents causing or resulting from the	74983
noncompliance affect more than a limited number of facility	74984
residents or involve more than a limited number of facility staff	74985
members, and the number or percentage of facility residents	74986
affected or staff members involved or the number or frequency of	74987
the actions, situations, practices, or incidents in short	74988
succession establishes a reasonable degree of predictability of	74989
similar actions, situations, practices, or incidents occurring in	74990
the future.	74991

(4) "Scope level four finding" means a finding of	74992
noncompliance by a nursing facility causing or resulting from	74993
actions, situations, practices, or incidents that involve a	74994
sufficient number or percentage of facility residents or staff	74995
members or occur with sufficient regularity over time that the	74996
noncompliance can be considered systemic or pervasive in the	74997
facility.	74998

~~(N)~~(O)(1) "Severity level one finding" means a finding of	74999
noncompliance by a nursing facility that has not caused and, if	75000
continued, is unlikely to cause physical harm to a facility	75001
resident, mental or emotional harm to a resident, or a violation	75002
of a resident's rights that results in physical, mental, or	75003
emotional harm to the resident.	75004

(2) "Severity level two finding" means a finding of	75005
noncompliance by a nursing facility that, if continued over time,	75006
will cause, or is likely to cause, physical harm to a facility	75007
resident, mental or emotional harm to a resident, or a violation	75008
of a resident's rights that results in physical, mental, or	75009
emotional harm to the resident.	75010

(3) "Severity level three finding" means a finding of	75011
noncompliance by a nursing facility that has caused physical harm	75012
to a facility resident, mental or emotional harm to a resident, or	75013
a violation of a resident's rights that results in physical,	75014
mental, or emotional harm to the resident.	75015

(4) "Severity level four finding" means a finding of	75016
noncompliance by a nursing facility that has caused	75017
life-threatening harm to a facility resident or caused a	75018
resident's death.	75019

~~(O)~~(P) "State agency" has the same meaning as in section 1.60	75020
of the Revised Code.	75021

~~(P)~~(Q) "Substandard care" means care furnished in a facility	75022
in which the department of health has cited a deficiency or	75023
deficiencies that constitute one of the following:	75024

(1) A severity level four finding, regardless of scope;

75025

(2) A severity level three and scope level four finding, in	75026
the quality of care provided to residents;	75027

(3) A severity level three and scope level three finding, in	75028
the quality of care provided to residents.	75029

~~(Q)~~(R)(1) "Survey" means a survey of a nursing facility	75030
conducted under section 5111.39 of the Revised Code.	75031

(2) "Standard survey" means a survey conducted by the	75032
department of health under division (A) of section 5111.39 of the	75033
Revised Code and includes an extended survey.	75034

(3) "Follow-up survey" means a survey conducted by the	75035
department of health to determine whether a nursing facility has	75036
substantially corrected deficiencies cited in a previous survey.	75037

Sec. 5111.511. (A) If the department of job and family	75038
services determines that a nursing facility is experiencing or is	75039
likely to experience a serious financial loss or failure that	75040
jeopardizes or is likely to jeopardize the health, safety, and	75041
welfare of its residents, the department may do either of the	75042
following:	75043

(1) Appoint, subject to the provider's consent, a temporary	75044
fiscal emergency manager to take actions the department determines	75045
are appropriate to ensure the health, safety, and welfare of the	75046
residents;	75047

(2) Apply to the court of common pleas of the county in which	75048
the nursing facility is located for a temporary restraining order,	75049
preliminary injunction, appointment of a temporary fiscal	75050
emergency manager, or such other injunctive or equitable relief as	75051
is necessary to take actions the department determines are	75052
appropriate to ensure the health, safety, and welfare of the	75053
residents.	75054

(B) A temporary fiscal emergency manager appointed under this	75055
section is vested with the authority necessary to take actions the	75056
department of job and family services determines are appropriate	75057
to ensure the health, safety, and welfare of the residents.	75058

(C) A temporary fiscal emergency manager appointed under this	75059
section may use any of the following funds to pay for costs the	75060
manager incurs on behalf of the nursing facility:	75061

(1) Medicaid payments made in accordance with the provider	75062
agreement for the nursing facility;	75063

(2) Funds from the residents protection fund that the	75064
department provides the manager under section 5111.62 of the	75065
Revised Code;	75066

(3) Other funds the department determines are appropriate if	75067
such use of the funds is consistent with the appropriations that	75068
authorize the use of the funds and all other state and federal	75069
laws governing the use of the funds.	75070

(D) The provider is liable to the department for the amount	75071
of any payments the department makes to the temporary fiscal	75072
emergency manager, other than payments specified in division	75073
(C)(1) of this section. The department may recover the amount the	75074
provider owes the department by doing any of the following:	75075

(1) Offsetting medicaid payments made to the provider in	75076
accordance with the provider agreement;	75077

(2) Placing a lien on any of the provider's real and personal	75078
property;	75079

(3) Initiating other collection actions.

75080

(E) No action the department takes under this section is	75081
subject to appeal under Chapter 119. of the Revised Code.	75082

(F) In rules adopted under section 5111.36 of the Revised	75083
Code, the director of job and family services may establish all of	75084
the following:	75085

(1) Qualifications persons must meet to be appointed	75086
temporary fiscal emergency managers under this section;	75087

(2) Procedures for maintaining a list of qualified temporary	75088
fiscal emergency managers;	75089

(3) Procedures for paying for the services of temporary	75090
fiscal emergency managers;	75091

(4) Accounting and reporting requirements for temporary	75092
fiscal emergency managers;	75093

(5) Other procedures and requirements the director determines	75094
are necessary to implement this section.	75095

Sec. 5111.52. (A) As used in this section:

75096

~~(1) "Provider agreement" means a contract between the~~	75097
~~department of job and family services and a nursing facility for~~	75098
~~the provision of nursing facility services under the medical~~	75099
~~assistance program.~~	75100

~~(2) "Terminating"~~, "terminating" includes not renewing.

75101

(B) A nursing facility's participation in the medical	75102
assistance program shall be terminated under sections 5111.35 to	75103
5111.62 of the Revised Code as follows:	75104

(1) If the department of job and family services is	75105
terminating the facility's participation, it shall issue an order	75106
terminating the facility's provider agreement.	75107

(2) If the department of health, acting as a contracting	75108
agency, is terminating the facility's participation, it shall	75109
issue an order terminating certification of the facility's	75110
compliance with certification requirements. When the department of	75111
health terminates certification, the department of job and family	75112
services shall terminate the facility's provider agreement. The	75113
department of job and family services is not required to provide	75114
an adjudication hearing when it terminates a provider agreement	75115
following termination of certification by the department of	75116
health.	75117

(3) If a state agency other than the department of health,	75118
acting as a contracting agency, is terminating the facility's	75119
participation, it shall notify the department of job and family	75120
services, and the department of job and family services shall	75121
issue an order terminating the facility's provider agreement. The	75122
contracting agency shall conduct any administrative proceedings	75123
concerning the order.	75124

(C) If the following conditions are met, the department of	75125
job and family services may make medical assistance payments to a	75126
nursing facility for a period not exceeding thirty days after the	75127
effective date of termination under sections 5111.35 to 5111.62 of	75128
the Revised Code of the facility's participation in the medical	75129
assistance program:	75130

(1) The payments are for medicaid eligible residents admitted	75131
to the facility prior to the effective date of the termination;	75132

(2) The provider is making reasonable efforts to transfer	75133
medicaid eligible residents to other care settings.	75134

The period during which payments may be made under this	75135
division begins on the later of the effective date of the	75136
termination or, if the facility has appealed a termination order,	75137
the date of issuance of the adjudication order upholding	75138
termination.	75139

Sec. 5111.54. (A) A temporary manager of a nursing facility	75140
appointed by the department of job and family services or a	75141
contracting agency under sections 5111.35 to 5111.62 of the	75142
Revised Code shall meet all of the following qualifications:	75143

(1) Be licensed as a nursing home administrator under Chapter	75144
4751. of the Revised Code;	75145

(2) Have demonstrated competence as a nursing home	75146
administrator;	75147

(3) Have had no disciplinary action taken against the	75148
temporary manager by any licensing board or professional society	75149
in this state.	75150

(B) The salary of a temporary manager or special master	75151
appointed under sections 5111.35 to 5111.62 of the Revised Code	75152
shall be paid by the facility and set by the department of job and	75153
family services or contracting agency, in the case of a temporary	75154
manager, or by the court, in the case of a special master, at a	75155
rate not to exceed the maximum allowable compensation for an	75156
administrator under the medical assistance program. The extent to	75157
which this compensation is allowable under the medical assistance	75158
program is subject to and limited by this chapter and rules of the	75159
department.	75160

Subject to division (C) of this section, any costs incurred	75161
on behalf of a nursing facility by a temporary manager or special	75162
master appointed under sections 5111.35 to 5111.62 of the Revised	75163
Code shall be paid by the facility. The allowability of these	75164
costs under the medical assistance program shall be subject to and	75165
governed by this chapter and the rules of the department. This	75166
division does not prohibit a facility from applying for or	75167
receiving any waiver of cost ceilings available under rules of the	75168
department.	75169

(C) No temporary manager or special master appointed under	75170
sections 5111.35 to 5111.62 of the Revised Code shall enter into	75171
any employment contract on behalf of a facility, or purchase any	75172
capital goods using facility funds totaling more than ten thousand	75173
dollars, unless the temporary manager or special master has	75174
obtained prior approval for the contract or purchase from either	75175
the provider or the court.	75176

(D)(1) A temporary manager appointed for a nursing facility	75177
under section 5111.46 of the Revised Code is hereby vested,	75178
subject to division (C) of this section, with the legal authority	75179
necessary to correct any deficiency or cluster of deficiencies at	75180
a facility, bring the facility into compliance with certification	75181
requirements, and otherwise ensure the health and safety of the	75182
residents.	75183

(2) A temporary manager appointed under section 5111.51 of	75184
the Revised Code is hereby vested, subject to division (C) of this	75185
section, with the authority necessary to eliminate the emergency,	75186
bring the facility into compliance with certification	75187
requirements, and otherwise ensure the health and safety of the	75188
residents.	75189

(3) A temporary manager appointed under section 5111.53 of	75190
the Revised Code is hereby vested, subject to division (C) of this	75191
section, with the authority necessary to ensure the transfer of	75192
medicaid eligible residents to other appropriate care settings	75193
and, if applicable, the orderly closure of the facility, and to	75194
otherwise ensure the health and safety of the residents.	75195

(E) Prior to acting under division (A)(1)(b) or (2)(b) of	75196
section 5111.46 of the Revised Code to appoint a temporary manager	75197
or apply for a special master, the department of job and family	75198
services or contracting agency shall order the facility to	75199
substantially correct the deficiency or deficiencies within five	75200
days after receiving the statement and inform the facility, in the	75201
statement it provides pursuant to division (B) of section 5111.49	75202
of the Revised Code, of the order and that it will not take that	75203
action unless the facility fails to substantially correct the	75204
deficiency or deficiencies within that five-day period. At the end	75205
of the five-day period, the department of health shall conduct a	75206
follow-up survey that focuses on the deficiency or deficiencies.	75207
If the department of health determines that the facility has	75208
substantially corrected the deficiency or deficiencies within that	75209
time, the department of job and family services or contracting	75210
agency shall not appoint a temporary manager or apply for a	75211
special master. If the department of health determines that the	75212
facility has failed to substantially correct the deficiency or	75213
deficiencies within that time, the department of job and family	75214
services or contracting agency may proceed with appointment of the	75215
temporary manager or application for a special master. Until the	75216
statement required under division (B) of section 5111.49 of the	75217
Revised Code is actually delivered, no action taken by the	75218
department or agency to appoint a temporary manager or apply for a	75219
temporary manager under division (A)(1)(b) or (2)(b) of section	75220
5111.46 of the Revised Code shall have any legal effect. No action	75221
taken by a facility under this division to substantially correct a	75222
deficiency or deficiencies shall be considered an admission by the	75223
facility of the existence of a deficiency or deficiencies.	75224

(F) Appointment of a temporary manager under division	75225
(A)(1)(b) or (2)(b) of section 5111.46 or division (A)(1)(d) of	75226
section 5111.51 of the Revised Code shall expire at the end of the	75227
seventh day following the appointment. If the department of job	75228
and family services or contracting agency finds that the	75229
deficiency or deficiencies that prompted the appointment under	75230
division (A)(1)(b) or (2)(b) of section 5111.46 of the Revised	75231
Code cannot be substantially corrected, or the condition of	75232
immediate jeopardy that prompted the appointment under division	75233
(A)(1)(d) of section 5111.51 of the Revised Code cannot be	75234
eliminated, prior to the expiration of the appointment, it may	75235
take one of the following actions:	75236

(1) Appoint, subject to the continuing consent of the	75237
provider, a temporary manager for the facility;	75238

(2) Apply to the common pleas court of the county in which	75239
the facility is located for an order appointing a special master	75240
who, under the authority and direct supervision of the court and	75241
subject to divisions (B) and (C) of this section, may take such	75242
additional actions as are necessary to correct the deficiency or	75243
deficiencies or eliminate the condition of immediate jeopardy and	75244
bring the facility into compliance with certification	75245
requirements.	75246

(G) The court, on finding that the deficiency or deficiencies	75247
for which a special master was appointed under division (F)(2) of	75248
this section or division (A)(1)(b) or (2)(b) of section 5111.46 of	75249
the Revised Code has been substantially corrected, or the	75250
emergency for which a special master was appointed under division	75251
(F)(2) of this section or division (A)(1)(b) or (B)(2) of section	75252
5111.51 of the Revised Code has been eliminated, that the facility	75253
has been brought into compliance with certification requirements,	75254
and that the provider has established the management capability to	75255
ensure continued compliance with the certification requirements,	75256
shall immediately terminate its jurisdiction over the facility and	75257
return control and management of the facility to the provider. If	75258
the deficiency or deficiencies cannot be substantially corrected,	75259
or the emergency cannot be eliminated practicably within a	75260
reasonable time following appointment of the special master, the	75261
court may order the special master to close the facility and	75262
transfer all residents to other nursing facilities or other	75263
appropriate care settings.	75264

(H) This section does not apply to temporary fiscal emergency	75265
managers appointed under section 5111.511 of the Revised Code.	75266

Sec. 5111.62. The proceeds of all fines, including interest,	75267
collected under sections 5111.35 to 5111.62 of the Revised Code	75268
shall be deposited in the state treasury to the credit of the	75269
residents protection fund, which is hereby created. The proceeds	75270
of all fines, including interest, collected under section 173.42	75271
of the Revised Code shall be deposited in the state treasury to	75272
the credit of the residents protection fund.	75273

~~Moneys~~Money in the fund shall be used for the protection of	75274
the health or property of residents of nursing facilities in which	75275
the department of health finds deficiencies, including payment for	75276
the costs of relocation of residents to other facilities,	75277
maintenance of operation of a facility pending correction of	75278
deficiencies or closure, and reimbursement of residents for the	75279
loss of money managed by the facility under section 3721.15 of the	75280
Revised Code. Money in the fund may also be used to make payments	75281
to temporary fiscal emergency managers under section 5111.511 of	75282
the Revised Code.	75283

The fund shall be maintained and administered by the	75284
department of job and family services under rules developed in	75285
consultation with the departments of health and aging and adopted	75286
by the director of job and family services under Chapter 119. of	75287
the Revised Code.	75288

Sec. 5111.65. As used in sections 5111.65 to 5111.689 of the	75289
Revised Code:	75290

(A) "Affiliated operator" means an operator affiliated with	75291
either of the following:	75292

(1) The exiting operator for whom the affiliated operator is	75293
to assume liability for the entire amount of the exiting	75294
operator's debt under the medicaid program or the portion of the	75295
debt that represents the franchise permit fee the exiting operator	75296
owes;	75297

(2) The entering operator involved in the change of operator	75298
with the exiting operator specified in division (A)(1) of this	75299
section.	75300

(B) "Change of operator" means an entering operator becoming	75301
the operator of a nursing facility or intermediate care facility	75302
for the mentally retarded in the place of the exiting operator.	75303

(1) Actions that constitute a change of operator include the	75304
following:	75305

(a) A change in an exiting operator's form of legal	75306
organization, including the formation of a partnership or	75307
corporation from a sole proprietorship;	75308

(b) A transfer of all the exiting operator's ownership	75309
interest in the operation of the facility to the entering	75310
operator, regardless of whether ownership of any or all of the	75311
real property or personal property associated with the facility is	75312
also transferred;	75313

(c) A lease of the facility to the entering operator or the	75314
exiting operator's termination of the exiting operator's lease;	75315

(d) If the exiting operator is a partnership, dissolution of	75316
the partnership;	75317

(e) If the exiting operator is a partnership, a change in	75318
composition of the partnership unless both of the following apply:	75319

(i) The change in composition does not cause the	75320
partnership's dissolution under state law.	75321

(ii) The partners agree that the change in composition does	75322
not constitute a change in operator.	75323

(f) If the operator is a corporation, dissolution of the	75324
corporation, a merger of the corporation into another corporation	75325
that is the survivor of the merger, or a consolidation of one or	75326
more other corporations to form a new corporation.	75327

(2) The following, alone, do not constitute a change of	75328
operator:	75329

(a) A contract for an entity to manage a nursing facility or	75330
intermediate care facility for the mentally retarded as the	75331
operator's agent, subject to the operator's approval of daily	75332
operating and management decisions;	75333

(b) A change of ownership, lease, or termination of a lease	75334
of real property or personal property associated with a nursing	75335
facility or intermediate care facility for the mentally retarded	75336
if an entering operator does not become the operator in place of	75337
an exiting operator;	75338

(c) If the operator is a corporation, a change of one or more	75339
members of the corporation's governing body or transfer of	75340
ownership of one or more shares of the corporation's stock, if the	75341
same corporation continues to be the operator.	75342

(C) "Effective date of a change of operator" means the day	75343
the entering operator becomes the operator of the nursing facility	75344
or intermediate care facility for the mentally retarded.	75345

(D) "Effective date of a facility closure" means the last day	75346
that the last of the residents of the nursing facility or	75347
intermediate care facility for the mentally retarded resides in	75348
the facility.	75349

(E) "Effective date of an involuntary termination" means the	75350
date the department of job and family services terminates an	75351
operator's provider agreement for a nursing facility or	75352
intermediate care facility for the mentally retarded or the last	75353
day that such a provider agreement is in effect when the	75354
department refuses to renew it.	75355

(F) "Effective date of a voluntary termination" means the day	75356
the intermediate care facility for the mentally retarded ceases to	75357
accept medicaid patients.	75358

~~(F)~~(G) "Effective date of a voluntary withdrawal of	75359
participation" means the day the nursing facility ceases to accept	75360
new medicaid patients other than the individuals who reside in the	75361
nursing facility on the day before the effective date of the	75362
voluntary withdrawal of participation.	75363

~~(G)~~(H) "Entering operator" means the person or government	75364
entity that will become the operator of a nursing facility or	75365
intermediate care facility for the mentally retarded when a change	75366
of operator occurs or following an involuntary termination.	75367

~~(H)~~(I) "Exiting operator" means any of the following:

75368

(1) An operator that will cease to be the operator of a	75369
nursing facility or intermediate care facility for the mentally	75370
retarded on the effective date of a change of operator;	75371

(2) An operator that will cease to be the operator of a	75372
nursing facility or intermediate care facility for the mentally	75373
retarded on the effective date of a facility closure;	75374

(3) An operator of an intermediate care facility for the	75375
mentally retarded that is undergoing or has undergone a voluntary	75376
termination;	75377

(4) An operator of a nursing facility that is undergoing or	75378
has undergone a voluntary withdrawal of participation;	75379

(5) An operator of a nursing facility or intermediate care	75380
facility for the mentally retarded that has undergone an	75381
involuntary termination.	75382

~~(I)~~(J)(1) ~~"Facility~~Subject to division (J)(2) of this	75383
section, "facility closure" means discontinuance of the use of the	75384
building, or part of the building, that houses the facility as a	75385
nursing facility or intermediate care facility for the mentally	75386
retarded that results in the relocation of all of the facility's	75387
residents. A facility closure occurs regardless of any of the	75388
following:	75389

(a) The operator completely or partially replacing the	75390
facility by constructing a new facility or transferring the	75391
facility's license to another facility;	75392

(b) The facility's residents relocating to another of the	75393
operator's facilities;	75394

(c) Any action the department of health takes regarding the	75395
facility's certification under Title XIX of the "Social Security	75396
Act," 79 Stat. 286 (1965), 42 U.S.C. 1396, as amended, that may	75397
result in the transfer of part of the facility's survey findings	75398
to another of the operator's facilities;	75399

(d) Any action the department of health takes regarding the	75400
facility's license under Chapter 3721. of the Revised Code;	75401

(e) Any action the department of developmental disabilities	75402
takes regarding the facility's license under section 5123.19 of	75403
the Revised Code.	75404

(2) A facility closure does not occur if ~~all~~either of the	75405
following applies:	75406

(a) All of the facility's residents are relocated due to an	75407
emergency evacuation and one or more of the residents return to a	75408
medicaid-certified bed in the facility not later than thirty days	75409
after the evacuation occurs;	75410

(b) The building, or part of the building, that houses the	75411
facility converts to a different use, any necessary license or	75412
other approval needed for that use is obtained, and one or more of	75413
the facility's residents remain in the facility to receive	75414
services under the new use.	75415

~~(J)~~(K) "Fiscal year," "franchise permit fee," "intermediate	75416
care facility for the mentally retarded," "nursing facility,"	75417
"operator," "owner," and "provider agreement" have the same	75418
meanings as in section 5111.20 of the Revised Code.	75419

~~(K)~~(L) "Involuntary termination" means the department of job	75420
and family services' termination of, or refusal to renew, an	75421
operator's provider agreement for a nursing facility or	75422
intermediate care facility for the mentally retarded when such	75423
action is not taken at the operator's request.	75424

(M) "Voluntary termination" means an operator's voluntary	75425
election to terminate the participation of an intermediate care	75426
facility for the mentally retarded in the medicaid program but to	75427
continue to provide service of the type provided by a residential	75428
facility as defined in section 5123.19 of the Revised Code.	75429

~~(L)~~(N) "Voluntary withdrawal of participation" means an	75430
operator's voluntary election to terminate the participation of a	75431
nursing facility in the medicaid program but to continue to	75432
provide service of the type provided by a nursing facility.	75433

Sec. 5111.66. An exiting operator or owner of a nursing	75434
facility or intermediate care facility for the mentally retarded	75435
participating in the medicaid program shall provide the department	75436
of job and family services written notice of a facility closure,	75437
voluntary termination, or voluntary withdrawal of participation	75438
not less than ninety days before the effective date of the	75439
facility closure, voluntary termination, or voluntary withdrawal	75440
of participation. The written notice shall be provided to the	75441
department in accordance with the method specified in rules	75442
adopted under section 5111.689 of the Revised Code.	75443

The written notice shall include all of the following:

75444

(A) The name of the exiting operator and, if any, the exiting	75445
operator's authorized agent;	75446

(B) The name of the nursing facility or intermediate care	75447
facility for the mentally retarded that is the subject of the	75448
written notice;	75449

(C) The exiting operator's medicaid provider agreement number	75450
for the facility that is the subject of the written notice;	75451

(D) The effective date of the facility closure, voluntary	75452
termination, or voluntary withdrawal of participation;	75453

(E) The signature of the exiting operator's or owner's	75454
representative.	75455

Sec. 5111.67. (A) An exiting operator or owner and entering	75456
operator shall provide the department of job and family services	75457
written notice of a change of operator if the nursing facility or	75458
intermediate care facility for the mentally retarded participates	75459
in the medicaid program and the entering operator seeks to	75460
continue the facility's participation. The written notice shall be	75461
provided to the department in accordance with the method specified	75462
in rules adopted under section 5111.689 of the Revised Code. The	75463
written notice shall be provided to the department not later than	75464
forty-five days before the effective date of the change of	75465
operator if the change of operator does not entail the relocation	75466
of residents. The written notice shall be provided to the	75467
department not later than ninety days before the effective date of	75468
the change of operator if the change of operator entails the	75469
relocation of residents. ~~The~~	75470

The written notice shall include all of the following:

75471

(1) The name of the exiting operator and, if any, the exiting	75472
operator's authorized agent;	75473

(2) The name of the nursing facility or intermediate care	75474
facility for the mentally retarded that is the subject of the	75475
change of operator;	75476

(3) The exiting operator's ~~medicaid provider agreement~~	75477
seven-digit medicaid legacy number and ten-digit national provider	75478
identifier number for the facility that is the subject of the	75479
change of operator;	75480

(4) The name of the entering operator;

75481

(5) The effective date of the change of operator;

75482

(6) The manner in which the entering operator becomes the	75483
facility's operator, including through sale, lease, merger, or	75484
other action;	75485

(7) If the manner in which the entering operator becomes the	75486
facility's operator involves more than one step, a description of	75487
each step;	75488

(8) Written authorization from the exiting operator or owner	75489
and entering operator for the department to process a provider	75490
agreement for the entering operator;	75491

(9) The names and addresses of the persons to whom the	75492
department should send initial correspondence regarding the change	75493
of operator;	75494

(10) If the nursing facility also participates in the	75495
medicare program, notification of whether the entering operator	75496
intends to accept assignment of the exiting operator's medicare	75497
provider agreement;	75498

(11) The signature of the exiting operator's or owner's	75499
representative.	75500

(B) ~~The entering operator shall include a completed~~	75501
~~application for a provider agreement with the written notice to~~	75502
~~the department. The entering operator shall attach to the~~	75503
~~application the following:~~	75504

~~(1) If the written notice is provided to the department~~	75505
~~before the date the exiting operator or owner and entering~~	75506
~~operator complete the transaction for the change of operator, all~~	75507
~~the proposed leases, management agreements, merger agreements and~~	75508
~~supporting documents, and sales contracts and supporting documents~~	75509
~~relating to the facility's change of operator;~~	75510

~~(2) If the written notice is provided to the department on or~~	75511
~~after the date the exiting operator or owner and entering operator~~	75512
~~complete the transaction for the change of operator, copies of all~~	75513
~~the executed leases, management agreements, merger agreements and~~	75514
~~supporting documents, and sales contracts and supporting documents~~	75515
~~relating to the facility's change of operator.~~An exiting operator	75516
or owner and entering operator immediately shall provide the	75517
department written notice of any changes to information included	75518
in a written notice of a change of operator that occur after that	75519
notice is provided to the department. The notice of the changes	75520
shall be provided to the department in accordance with the method	75521
specified in rules adopted under section 5111.689 of the Revised	75522
Code.	75523

Sec. 5111.671. The department of job and family services may	75524
enter into a provider agreement with an entering operator that	75525
goes into effect at 12:01 a.m. on the effective date of the change	75526
of operator if all of the following requirements are met:	75527

(A) The department receives a properly completed written	75528
notice required by section 5111.67 of the Revised Code on or	75529
before the date required by that section.	75530

(B) The ~~entering operator furnishes to the~~ department ~~copies~~	75531
~~of all the fully executed leases, management agreements, merger~~	75532
~~agreements and supporting documents, and sales contracts and~~	75533
~~supporting documents relating to the change of operator not later~~	75534
~~than ten days after the effective date of the change of operator~~	75535
receives both of the following in accordance with the method	75536
specified in rules adopted under section 5111.689 of the Revised	75537
Code and not later than ten days after the effective date of the	75538
change of operator:	75539

(1) From the entering operator, a completed application for a	75540
provider agreement and all other forms and documents specified in	75541
rules adopted under section 5111.689 of the Revised Code;	75542

(2) From the exiting operator or owner, all forms and	75543
documents specified in rules adopted under section 5111.689 of the	75544
Revised Code.	75545

(C) The entering operator is eligible for medicaid payments	75546
as provided in section 5111.21 of the Revised Code.	75547

Sec. 5111.672. (A) The department of job and family services	75548
may enter into a provider agreement with an entering operator that	75549
goes into effect at 12:01 a.m. on the date determined under	75550
division (B) of this section if all of the following are the case:	75551

(1) The department receives a properly completed written	75552
notice required by section 5111.67 of the Revised Code after the	75553
time required by that section.	75554

(2) The ~~entering operator furnishes to the~~ department ~~copies~~	75555
~~of all the fully executed leases, management agreements, merger~~	75556
~~agreements and supporting documents, and sales contracts and~~	75557
~~supporting documents relating to the change of operator~~receives	75558
both of the following in accordance with the method specified in	75559
rules adopted under section 5111.689 of the Revised Code and more	75560
than ten days after the effective date of the change of operator:	75561

(a) From the entering operator, a completed application for a	75562
provider agreement and all other forms and documents specified in	75563
rules adopted under section 5111.689 of the Revised Code;	75564

(b) From the exiting operator or owner, all forms and	75565
documents specified in rules adopted under section 5111.689 of the	75566
Revised Code.	75567

(3) ~~The requirement of division (A)(1) of this section is met~~	75568
~~after the time required by section 5111.67 of the Revised Code,~~	75569
~~the requirement of division (A)(2) of this section is met more~~	75570
~~than ten days after the effective date of the change of operator,~~	75571
~~or both.~~	75572

~~(4)~~ The entering operator is eligible for medicaid payments	75573
as provided in section 5111.21 of the Revised Code.	75574

(B) The department shall determine the date a provider	75575
agreement entered into under this section is to go into effect as	75576
follows:	75577

(1) The effective date shall give the department sufficient	75578
time to process the change of operator, assure no duplicate	75579
payments are made, and make the withholding required by section	75580
5111.681 of the Revised Code~~, and withhold the final payment to~~	75581
~~the exiting operator until one hundred eighty days after either of~~	75582
~~the following:~~	75583

~~(a) The date that the exiting operator submits to the~~	75584
~~department a properly completed cost report under section 5111.682~~	75585
~~of the Revised Code;~~	75586

~~(b) The date that the department waives the cost report~~	75587
~~requirement of section 5111.682 of the Revised Code~~.	75588

(2) The effective date shall be not earlier than the later of	75589
the effective date of the change of operator or the date that the	75590
exiting operator or owner and entering operator comply with	75591
section 5111.67 of the Revised Code and division (A)(2) of this	75592
section.	75593

(3) The effective date shall be not later than the following	75594
after the later of the dates specified in division (B)(2) of this	75595
section:	75596

(a) Forty-five days if the change of operator does not entail	75597
the relocation of residents;	75598

(b) Ninety days if the change of operator entails the	75599
relocation of residents.	75600

Sec. 5111.68. (A) On receipt of a written notice under	75601
section 5111.66 of the Revised Code of a facility closure,	75602
voluntary termination, or voluntary withdrawal of participation	75603
or, on receipt of a written notice under section 5111.67 of the	75604
Revised Code of a change of operator, or on the effective date of	75605
an involuntary termination, the department of job and family	75606
services shall estimate the amount of any overpayments made under	75607
the medicaid program to the exiting operator, including	75608
overpayments the exiting operator disputes, and other actual and	75609
potential debts the exiting operator owes or may owe to the	75610
department and United States centers for medicare and medicaid	75611
services under the medicaid program, including a franchise permit	75612
fee.	75613

(B) In estimating the exiting operator's other actual and	75614
potential debts to the department and the United States centers	75615
for medicare and medicaid services under the medicaid program, the	75616
department shall use a debt estimation methodology the director of	75617
job and family services shall establish in rules adopted under	75618
section 5111.689 of the Revised Code. The methodology shall	75619
provide for estimating all of the following that the department	75620
determines are applicable:	75621

(1) Refunds due the department under section 5111.27 of the	75622
Revised Code;	75623

(2) Interest owed to the department and United States centers	75624
for medicare and medicaid services;	75625

(3) Final civil monetary and other penalties for which all	75626
right of appeal has been exhausted;	75627

(4) Money owed the department and United States centers for	75628
medicare and medicaid services from any outstanding final fiscal	75629
audit, including a final fiscal audit for the last fiscal year or	75630
portion thereof in which the exiting operator participated in the	75631
medicaid program;	75632

(5) Other amounts the department determines are applicable.

75633

(C) The department shall provide the exiting operator written	75634
notice of the department's estimate under division (A) of this	75635
section not later than thirty days after the department receives	75636
the notice under section 5111.66 of the Revised Code of the	75637
facility closure, voluntary termination, or voluntary withdrawal	75638
of participation or; the department receives the notice under	75639
section 5111.67 of the Revised Code of the change of operator; or	75640
the effective date of the involuntary termination. The	75641
department's written notice shall include the basis for the	75642
estimate.	75643

Sec. 5111.681. (A) Except as provided in divisions (B) ~~and~~,	75644
(C), and (D) of this section, the department of job and family	75645
services may withhold from payment due an exiting operator under	75646
the medicaid program the total amount specified in the notice	75647
provided under division (C) of section 5111.68 of the Revised Code	75648
that the exiting operator owes or may owe to the department and	75649
United States centers for medicare and medicaid services under the	75650
medicaid program.	75651

(B) In the case of a change of operator and subject to	75652
division ~~(D)~~(E) of this section, the following shall apply	75653
regarding a withholding under division (A) of this section if the	75654
exiting operator or entering operator or an affiliated operator	75655
executes a successor liability agreement meeting the requirements	75656
of division ~~(E)~~(F) of this section:	75657

(1) If the exiting operator, entering operator, or affiliated	75658
operator assumes liability for the total, actual amount of debt	75659
the exiting operator owes the department and the United States	75660
centers for medicare and medicaid services under the medicaid	75661
program as determined under section 5111.685 of the Revised Code,	75662
the department shall not make the withholding.	75663

(2) If the exiting operator, entering operator, or affiliated	75664
operator assumes liability for only the portion of the amount	75665
specified in division (B)(1) of this section that represents the	75666
franchise permit fee the exiting operator owes, the department	75667
shall withhold not more than the difference between the total	75668
amount specified in the notice provided under division (C) of	75669
section 5111.68 of the Revised Code and the amount for which the	75670
exiting operator, entering operator, or affiliated operator	75671
assumes liability.	75672

(C) In the case of a voluntary termination, voluntary	75673
withdrawal of participation, or facility closure and subject to	75674
division ~~(D)~~(E) of this section, the following shall apply	75675
regarding a withholding under division (A) of this section if the	75676
exiting operator or an affiliated operator executes a successor	75677
liability agreement meeting the requirements of division ~~(E)~~(F) of	75678
this section:	75679

(1) If the exiting operator or affiliated operator assumes	75680
liability for the total, actual amount of debt the exiting	75681
operator owes the department and the United States centers for	75682
medicare and medicaid services under the medicaid program as	75683
determined under section 5111.685 of the Revised Code, the	75684
department shall not make the withholding.	75685

(2) If the exiting operator or affiliated operator assumes	75686
liability for only the portion of the amount specified in division	75687
(C)(1) of this section that represents the franchise permit fee	75688
the exiting operator owes, the department shall withhold not more	75689
than the difference between the total amount specified in the	75690
notice provided under division (C) of section 5111.68 of the	75691
Revised Code and the amount for which the exiting operator or	75692
affiliated operator assumes liability.	75693

(D) In the case of an involuntary termination and subject to	75694
division (E) of this section, the following shall apply regarding	75695
a withholding under division (A) of this section if the exiting	75696
operator, the entering operator, or an affiliated operator	75697
executes a successor liability agreement meeting the requirements	75698
of division (F) of this section and the department approves the	75699
successor liability agreement:	75700

(1) If the exiting operator, entering operator, or affiliated	75701
operator assumes liability for the total, actual amount of debt	75702
the exiting operator owes the department and the United States	75703
centers for medicare and medicaid services under the medicaid	75704
program as determined under section 5111.685 of the Revised Code,	75705
the department shall not make the withholding.	75706

(2) If the exiting operator, entering operator, or affiliated	75707
operator assumes liability for only the portion of the amount	75708
specified in division (D)(1) of this section that represents the	75709
franchise permit fee the exiting operator owes, the department	75710
shall withhold not more than the difference between the total	75711
amount specified in the notice provided under division (C) of	75712
section 5111.68 of the Revised Code and the amount for which the	75713
exiting operator, entering operator, or affiliated operator	75714
assumes liability.	75715

(E) For an exiting operator or affiliated operator to be	75716
eligible to enter into a successor liability agreement under	75717
division (B) or, (C), or (D) of this section, both of the	75718
following must apply:	75719

(1) The exiting operator or affiliated operator must have one	75720
or more valid provider agreements, other than the provider	75721
agreement for the nursing facility or intermediate care facility	75722
for the mentally retarded that is the subject of the involuntary	75723
termination, voluntary termination, voluntary withdrawal of	75724
participation, facility closure, or change of operator;	75725

(2) During the twelve-month period preceding either the	75726
effective date of the involuntary termination or the month in	75727
which the department receives the notice of the voluntary	75728
termination, voluntary withdrawal of participation, or facility	75729
closure under section 5111.66 of the Revised Code or the notice of	75730
the change of operator under section 5111.67 of the Revised Code,	75731
the average monthly medicaid payment made to the exiting operator	75732
or affiliated operator pursuant to the exiting operator's or	75733
affiliated operator's one or more provider agreements, other than	75734
the provider agreement for the nursing facility or intermediate	75735
care facility for the mentally retarded that is the subject of the	75736
involuntary termination, voluntary termination, voluntary	75737
withdrawal of participation, facility closure, or change of	75738
operator, must equal at least ninety per cent of the sum of the	75739
following:	75740

(a) The average monthly medicaid payment made to the exiting	75741
operator pursuant to the exiting operator's provider agreement for	75742
the nursing facility or intermediate care facility for the	75743
mentally retarded that is the subject of the involuntary	75744
termination, voluntary termination, voluntary withdrawal of	75745
participation, facility closure, or change of operator;	75746

(b) Whichever of the following apply:

75747

(i) If the exiting operator or affiliated operator has	75748
assumed liability under one or more other successor liability	75749
agreements, the total amount for which the exiting operator or	75750
affiliated operator has assumed liability under the other	75751
successor liability agreements;	75752

(ii) If the exiting operator or affiliated operator has not	75753
assumed liability under any other successor liability agreements,	75754
zero.	75755

~~(E)~~(F) A successor liability agreement executed under this	75756
section must comply with all of the following:	75757

(1) It must provide for the operator who executes the	75758
successor liability agreement to assume liability for either of	75759
the following as specified in the agreement:	75760

(a) The total, actual amount of debt the exiting operator	75761
owes the department and the United States centers for medicare and	75762
medicaid services under the medicaid program as determined under	75763
section 5111.685 of the Revised Code;	75764

(b) The portion of the amount specified in division	75765
~~(E)~~(F)(1)(a) of this section that represents the franchise permit	75766
fee the exiting operator owes.	75767

(2) It may not require the operator who executes the	75768
successor liability agreement to furnish a surety bond.	75769

(3) It must provide that the department, after determining	75770
under section 5111.685 of the Revised Code the actual amount of	75771
debt the exiting operator owes the department and United States	75772
centers for medicare and medicaid services under the medicaid	75773
program, may deduct the lesser of the following from medicaid	75774
payments made to the operator who executes the successor liability	75775
agreement:	75776

(a) The total, actual amount of debt the exiting operator	75777
owes the department and the United States centers for medicare and	75778
medicaid services under the medicaid program as determined under	75779
section 5111.685 of the Revised Code;	75780

(b) The amount for which the operator who executes the	75781
successor liability agreement assumes liability under the	75782
agreement.	75783

(4) It must provide that the deductions authorized by	75784
division ~~(E)~~(F)(3) of this section are to be made for a number of	75785
months, not to exceed six, agreed to by the operator who executes	75786
the successor liability agreement and the department or, if the	75787
operator who executes the successor liability agreement and	75788
department cannot agree on a number of months that is less than	75789
six, a greater number of months determined by the attorney general	75790
pursuant to a claims collection process authorized by statute of	75791
this state.	75792

(5) It must provide that, if the attorney general determines	75793
the number of months for which the deductions authorized by	75794
division ~~(E)~~(F)(3) of this section are to be made, the operator	75795
who executes the successor liability agreement shall pay, in	75796
addition to the amount collected pursuant to the attorney	75797
general's claims collection process, the part of the amount so	75798
collected that, if not for division ~~(G)~~(H) of this section, would	75799
be required by section 109.081 of the Revised Code to be paid into	75800
the attorney general claims fund.	75801

~~(F)~~(G) Execution of a successor liability agreement does not	75802
waive an exiting operator's right to contest the amount specified	75803
in the notice the department provides the exiting operator under	75804
division (C) of section 5111.68 of the Revised Code.	75805

~~(G)~~(H) Notwithstanding section 109.081 of the Revised Code,	75806
the entire amount that the attorney general, whether by employees	75807
or agents of the attorney general or by special counsel appointed	75808
pursuant to section 109.08 of the Revised Code, collects under a	75809
successor liability agreement, other than the additional amount	75810
the operator who executes the agreement is required by division	75811
~~(E)~~(F)(5) of this section to pay, shall be paid to the department	75812
of job and family services for deposit into the appropriate fund.	75813
The additional amount that the operator is required to pay shall	75814
be paid into the state treasury to the credit of the attorney	75815
general claims fund created under section 109.081 of the Revised	75816
Code.	75817

Sec. 5111.687. The department of job and family services, at	75818
its sole discretion, may release the amount withheld under	75819
division (A) of section 5111.681 of the Revised Code if the	75820
exiting operator submits to the department written notice of a	75821
postponement of a change of operator, facility closure, voluntary	75822
termination, or voluntary withdrawal of participation and the	75823
transactions leading to the change of operator, facility closure,	75824
voluntary termination, or voluntary withdrawal of participation	75825
are postponed for at least thirty days but less than ninety days	75826
after the date originally proposed for the change of operator,	75827
facility closure, voluntary termination, or voluntary withdrawal	75828
of participation as reported in the written notice required by	75829
section 5111.66 or 5111.67 of the Revised Code. The department	75830
shall release the amount withheld if the exiting operator submits	75831
to the department written notice of a cancellation or postponement	75832
of a change of operator, facility closure, voluntary termination,	75833
or voluntary withdrawal of participation and the transactions	75834
leading to the change of operator, facility closure, voluntary	75835
termination, or voluntary withdrawal of participation are canceled	75836
or postponed for more than ninety days after the date originally	75837
proposed for the change of operator, facility closure, voluntary	75838
termination, or voluntary withdrawal of participation as reported	75839
in the written notice required by section 5111.66 or 5111.67 of	75840
the Revised Code. A written notice shall be provided to the	75841
department in accordance with the method specified in rules	75842
adopted under section 5111.689 of the Revised Code.	75843

After the department receives a written notice regarding a	75844
cancellation or postponement of a facility closure, voluntary	75845
termination, or voluntary withdrawal of participation, the exiting	75846
operator or owner shall provide new written notice to the	75847
department under section 5111.66 of the Revised Code regarding any	75848
transactions leading to a facility closure, voluntary termination,	75849
or voluntary withdrawal of participation at a future time. After	75850
the department receives a written notice regarding a cancellation	75851
or postponement of a change of operator, the exiting operator or	75852
owner and entering operator shall provide new written notice to	75853
the department under section 5111.67 of the Revised Code regarding	75854
any transactions leading to a change of operator at a future time.	75855

Sec. 5111.689. The director of job and family services shall	75856
adopt rules under section 5111.02 of the Revised Code to implement	75857
sections 5111.65 to 5111.689 of the Revised Code, including rules	75858
applicable to an exiting operator that provides written	75859
notification under section 5111.66 of the Revised Code of a	75860
voluntary withdrawal of participation. Rules adopted under this	75861
section shall comply with section 1919(c)(2)(F) of the "Social	75862
Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1396r(c)(2)(F),	75863
regarding restrictions on transfers or discharges of nursing	75864
facility residents in the case of a voluntary withdrawal of	75865
participation. The rules may prescribe a medicaid reimbursement	75866
methodology and other procedures that are applicable after the	75867
effective date of a voluntary withdrawal of participation that	75868
differ from the reimbursement methodology and other procedures	75869
that would otherwise apply. The rules shall specify all of the	75870
following:	75871

(A) The method by which written notices to the department	75872
required by sections 5111.65 to 5111.689 of the Revised Code are	75873
to be provided;	75874

(B) The forms and documents that are to be provided to the	75875
department under sections 5111.671 and 5111.672 of the Revised	75876
Code, which shall include, in the case of such forms and documents	75877
provided by entering operators, all the fully executed leases,	75878
management agreements, merger agreements and supporting documents,	75879
and fully executed sales contracts and any other supporting	75880
documents culminating in the change of operator;	75881

(C) The method by which the forms and documents identified in	75882
division (B) of this section are to be provided to the department.	75883

Sec. 5111.709. (A) There is hereby created the medicaid	75884
buy-in advisory council. The council shall consist of all of the	75885
following:	75886

(1) The following voting members:

75887

(a) The executive director of assistive technology of Ohio or	75888
the executive director's designee;	75889

(b) The director of the axis center for public awareness of	75890
people with disabilities or the director's designee;	75891

(c) The executive director of the cerebral palsy association	75892
of Ohio or the executive director's designee;	75893

(d) The chief executive officer of Ohio advocates for mental	75894
health or the chief executive officer's designee;	75895

(e) The state director of the Ohio chapter of AARP or the	75896
state director's designee;	75897

(f) The director of the Ohio developmental disabilities	75898
council created under section 5123.35 of the Revised Code or the	75899
director's designee;	75900

(g) The executive director of the governor's council on	75901
people with disabilities created under section 3303.41 of the	75902
Revised Code or the executive director's designee;	75903

(h) ~~The administrator of the legal rights service created~~	75904
~~under section 5123.60 of the Revised Code or the administrator's~~	75905
~~designee;~~	75906

~~(i)~~ The chairperson of the Ohio Olmstead task force or the	75907
chairperson's designee;	75908

~~(j)~~(i) The executive director of the Ohio statewide	75909
independent living council or the executive director's designee;	75910

~~(k)~~(j) The president of the Ohio chapter of the national	75911
multiple sclerosis society or the president's designee;	75912

~~(l)~~(k) The executive director of the arc of Ohio or the	75913
executive director's designee;	75914

~~(m)~~(l) The executive director of the commission on minority	75915
health or the executive director's designee;	75916

~~(n)~~(m) The executive director of the brain injury association	75917
of Ohio or the executive director's designee;	75918

~~(o)~~(n) The executive officer of any other advocacy	75919
organization who volunteers to serve on the council, or such an	75920
executive officer's designee, if the other voting members, at a	75921
meeting called by the chairperson elected under division (C) of	75922
this section, determine it is appropriate for the advocacy	75923
organization to be represented on the council;	75924

~~(p)~~(o) One or more participants who volunteer to serve on the	75925
council and are selected by the other voting members at a meeting	75926
the chairperson calls after the medicaid buy-in for workers with	75927
disabilities program is implemented.	75928

(2) The following non-voting members:

75929

(a) The director of job and family services or the director's	75930
designee;	75931

(b) The administrator of the rehabilitation services	75932
commission or the administrator's designee;	75933

(c) The director of alcohol and drug addiction services or	75934
the director's designee;	75935

(d) The director of developmental disabilities or the	75936
director's designee;	75937

(e) The director of mental health or the director's designee;

75938

(f) The executive officer of any other government entity, or	75939
the executive officer's designee, if the voting members, at a	75940
meeting called by the chairperson, determine it is appropriate for	75941
the government entity to be represented on the council.	75942

(B) All members of the medicaid buy-in advisory council shall	75943
serve without compensation or reimbursement, except as serving on	75944
the council is considered part of their usual job duties.	75945

(C) The voting members of the medicaid buy-in advisory	75946
council shall elect one of the members of the council to serve as	75947
the council's chairperson for a two-year term. The chairperson may	75948
be re-elected to successive terms.	75949

(D) The department of job and family services shall provide	75950
the Ohio medicaid buy-in advisory council with accommodations for	75951
the council to hold its meetings and shall provide the council	75952
with other administrative assistance the council needs to perform	75953
its duties.	75954

Sec. 5111.83. (A) Not later than January 1, 2012, the	75955
director of job and family services shall apply to the United	75956
States secretary of health and human services for approval to	75957
claim federal financial participation for administrative costs	75958
incurred by the department of health and the Arthur G. James and	75959
Richard J. Solove research institute of the Ohio state university	75960
in analyzing and evaluating both of the following pursuant to	75961
sections 3701.261 to 3701.236 of the Revised Code:	75962

(1) Cancer reports under the Ohio cancer incidence	75963
surveillance system;	75964

(2) The incidence, prevalence, costs, and medical	75965
consequences of cancer on medicaid recipients and other low-income	75966
populations.	75967

(B) The director of job and family services shall consult	75968
with the director of health in seeking approval to claim federal	75969
financial participation, as described in division (A) of this	75970
section. The directors shall cooperate in seeking the approval to	75971
the extent they find the approval necessary for the effective and	75972
efficient administration of the medicaid program.	75973

Sec. 5111.85. (A) As used in this section and sections	75974
5111.851 to 5111.856 of the Revised Code:	75975

"Home and community-based services medicaid waiver component"	75976
means a medicaid waiver component under which home and	75977
community-based services are provided as an alternative to	75978
hospital, nursing facility, or intermediate care facility for the	75979
mentally retarded services.	75980

"Hospital" has the same meaning as in section 3727.01 of the	75981
Revised Code.	75982

"Intermediate care facility for the mentally retarded" has	75983
the same meaning as in section 5111.20 of the Revised Code.	75984

"Medicaid waiver component" means a component of the medicaid	75985
program authorized by a waiver granted by the United States	75986
department of health and human services under section 1115 or 1915	75987
of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A.	75988
1315 or 1396n. "Medicaid waiver component" does not include a care	75989
management system established under section 5111.16 of the Revised	75990
Code.	75991

"Nursing facility" has the same meaning as in section 5111.20	75992
of the Revised Code.	75993

(B) The director of job and family services may adopt rules	75994
under Chapter 119. of the Revised Code governing medicaid waiver	75995
components that establish all of the following:	75996

(1) Eligibility requirements for the medicaid waiver	75997
components;	75998

(2) The type, amount, duration, and scope of services the	75999
medicaid waiver components provide;	76000

(3) The conditions under which the medicaid waiver components	76001
cover services;	76002

(4) The amount the medicaid waiver components pay for	76003
services or the method by which the amount is determined;	76004

(5) The manner in which the medicaid waiver components pay	76005
for services;	76006

(6) Safeguards for the health and welfare of medicaid	76007
recipients receiving services under a medicaid waiver component;	76008

(7) Procedures for ~~both of the following:~~

76009

~~(a) Identifying individuals who meet all of the following~~	76010
~~requirements:~~	76011

~~(i) Are~~prioritizing and approving for enrollment individuals	76012
who are eligible for a home and community-based services medicaid	76013
waiver component and ~~on a waiting list for the component;~~	76014

~~(ii) Are receiving inpatient hospital services or residing in~~	76015
~~an intermediate care facility for the mentally retarded or nursing~~	76016
~~facility (as appropriate for the component);~~	76017

~~(iii) Choose~~choose to be enrolled in the component.

76018

~~(b) Approving the enrollment of individuals identified under~~	76019
~~the procedures established under division (B)(7)(a) of this~~	76020
~~section into the home and community-based services medicaid waiver~~	76021
~~component.~~;	76022

(8) Procedures for enforcing the rules, including	76023
establishing corrective action plans for, and imposing financial	76024
and administrative sanctions on, persons and government entities	76025
that violate the rules. Sanctions shall include terminating	76026
medicaid provider agreements. The procedures shall include due	76027
process protections.	76028

(9) Other policies necessary for the efficient administration	76029
of the medicaid waiver components.	76030

(C) The director of job and family services may adopt	76031
different rules for the different medicaid waiver components. The	76032
rules shall be consistent with the terms of the waiver authorizing	76033
the medicaid waiver component.	76034

(D) Any procedures established under division (B)(7) of this	76035
section for the medicaid-funded component of the PASSPORT program	76036
shall be consistent with section 173.401 of the Revised Code. Any	76037
procedures established under division (B)(7) of this section for	76038
the medicaid-funded component of the assisted living program shall	76039
be consistent with section 5111.894 of the Revised Code.	76040

Sec. 5111.861. (A) As used in this section:

76041

"Medicaid waiver component" has the same meaning as in	76042
section 5111.85 of the Revised Code.	76043

"Unified long-term services and support medicaid waiver	76044
component" means the medicaid waiver component authorized by	76045
section 5111.863 of the Revised Code.	76046

(B) Subject to division (C) of this section, there is hereby	76047
created the Ohio home care program. The program shall provide home	76048
and community-based services. The department of job and family	76049
services shall administer the program.	76050

(C) If the unified long-term services and support medicaid	76051
waiver component is created, the departments of aging and job and	76052
family services shall work together to determine whether the Ohio	76053
home care program should continue to operate as a separate	76054
medicaid waiver component or be terminated. If the departments	76055
determine that the Ohio home care program should be terminated,	76056
the program shall cease to exist on a date the departments shall	76057
specify.	76058

Sec. 5111.862. (A) As used in this section:

76059

"Medicaid waiver component" has the same meaning as in	76060
section 5111.85 of the Revised Code.	76061

"Unified long-term services and support medicaid waiver	76062
component" means the medicaid waiver component authorized by	76063
section 5111.863 of the Revised Code.	76064

(B) Subject to division (C) of this section, there is hereby	76065
created the Ohio transitions II aging carve-out program. The	76066
program shall provide home and community-based services. The	76067
department of job and family services shall administer the	76068
program.	76069

(C) If the unified long-term services and support medicaid	76070
waiver component is created, the departments of aging and job and	76071
family services shall work together to determine whether the Ohio	76072
transitions II aging carve-out program should continue to operate	76073
as a separate medicaid waiver component or be terminated. If the	76074
departments determine that the Ohio transitions II aging carve-out	76075
program should be terminated, the program shall cease to exist on	76076
a date the departments shall specify.	76077

Sec. 5111.863. (A) As used in this section:

76078

"Medicaid waiver component" has the same meaning as in	76079
section 5111.85 of the Revised Code.	76080

"Nursing facility" has the same meaning as in section 5111.20	76081
of the Revised Code.	76082

(B) The director of job and family services shall submit a	76083
request to the United States secretary of health and human	76084
services pursuant to section 1915n of the "Social Security Act,"	76085
95 Stat. 809 (1981), 42 U.S.C. 1396n, as amended, to obtain	76086
approval to create a unified long-term services and support	76087
medicaid waiver component to provide home and community-based	76088
services to eligible individuals of any age who require the level	76089
of care provided by nursing facilities. The director of job and	76090
family services shall work with the director of aging in seeking	76091
approval of the unified long-term services and support medicaid	76092
waiver component and, if the approval is obtained, in creating and	76093
implementing the component.	76094

If the request to create the unified long-term services and	76095
support medicaid waiver component is approved, the director of job	76096
and family services, working with the director of aging, shall	76097
adopt rules under section 5111.85 of the Revised Code to implement	76098
the component. The rules may authorize the director of aging to	76099
adopt rules in accordance with Chapter 119. of the Revised Code	76100
governing aspects of the unified long-term services and support	76101
medicaid waiver component.	76102

Sec. 5111.871. The department of job and family services	76103
shall enter into a contract with the department of developmental	76104
disabilities under section 5111.91 of the Revised Code with regard	76105
to one or more of the medicaid waiver components ~~of the medicaid~~	76106
~~program~~ established by the department of job and family services	76107
under ~~one or more of the medicaid waivers sought under~~ section	76108
5111.87 of the Revised Code. Subject, if needed, to the approval	76109
of the United States secretary of health and human services, the	76110
contract shall include the medicaid waiver component known as the	76111
transitions developmental disabilities waiver. The contract shall	76112
provide for the department of developmental disabilities to	76113
administer the components in accordance with the terms of the	76114
waivers. The contract shall include a schedule for the department	76115
of developmental disabilities to begin administering the	76116
transitions developmental disabilities waiver. The directors of	76117
job and family services and developmental disabilities shall adopt	76118
rules in accordance with Chapter 119. of the Revised Code	76119
governing the components.	76120

If the department of developmental disabilities or the	76121
department of job and family services denies an individual's	76122
application for home and community-based services provided under	76123
any of these medicaid components, the department that denied the	76124
services shall give timely notice to the individual that the	76125
individual may request a hearing under section 5101.35 of the	76126
Revised Code.	76127

The departments of developmental disabilities and job and	76128
family services may approve, reduce, deny, or terminate a service	76129
included in the individualized service plan developed for a	76130
medicaid recipient eligible for home and community-based services	76131
provided under any of these medicaid components. The departments	76132
shall consider the recommendations a county board of developmental	76133
disabilities makes under division (A)(1)(c) of section 5126.055 of	76134
the Revised Code. If either department approves, reduces, denies,	76135
or terminates a service, that department shall give timely notice	76136
to the medicaid recipient that the recipient may request a hearing	76137
under section 5101.35 of the Revised Code.	76138

If supported living, as defined in section 5126.01 of the	76139
Revised Code, is to be provided as a service under any of these	76140
components, any person or government entity with a current, valid	76141
medicaid provider agreement and a current, valid certificate under	76142
section 5123.161 of the Revised Code may provide the service.	76143

If a service is to be provided under any of these components	76144
by a residential facility, as defined in section 5123.19 of the	76145
Revised Code, any person or government entity with a current,	76146
valid medicaid provider agreement and a current, valid license	76147
under section 5123.19 of the Revised Code may provide the service.	76148

Sec. 5111.872. ~~When~~(A) Subject to division (B) of this	76149
section, when the department of developmental disabilities	76150
allocates enrollment numbers to a county board of developmental	76151
disabilities for home and community-based services specified in	76152
division (B)(1) of section 5111.87 of the Revised Code and	76153
provided under any of the medicaid waiver components ~~of the~~	76154
~~medicaid program~~ that the department administers under section	76155
5111.871 of the Revised Code, the department shall consider all of	76156
the following:	76157

~~(A)~~(1) The number of individuals with mental retardation or	76158
other developmental disability who are on a waiting list the	76159
county board establishes under ~~division (C) of~~ section 5126.042 of	76160
the Revised Code for those services and are given priority on the	76161
waiting list ~~pursuant to division (D) or (E) of that section~~;	76162

~~(B)~~(2) The implementation component required by division	76163
(A)(3) of section 5126.054 of the Revised Code of the county	76164
board's plan approved under section 5123.046 of the Revised Code;	76165

~~(C)~~(3) Anything else the department considers necessary to	76166
enable county boards to provide those services to individuals in	76167
accordance with the priority requirements ~~of divisions (D) and (E)~~	76168
offor waiting lists included in the rules adopted under section	76169
5126.042 of the Revised Code.	76170

(B) Division (A) of this section applies to home and	76171
community-based services provided under the medicaid waiver	76172
component known as the transitions developmental disabilities	76173
waiver only to the extent, if any, provided by the contract	76174
required by section 5111.871 of the Revised Code regarding the	76175
waiver.	76176

Sec. 5111.873. (A) ~~Not later than the effective date of the~~	76177
~~first of any medicaid waivers the United States secretary of~~	76178
~~health and human services grants pursuant to a request made under~~	76179
~~section 5111.87 of the Revised Code~~Subject to division (D) of	76180
this section, the director of job and family services shall adopt	76181
rules in accordance with Chapter 119. of the Revised Code	76182
establishing ~~statewide fee schedules~~the amount of reimbursement	76183
or the methods by which amounts of reimbursement are to be	76184
determined for home and community-based services specified in	76185
division (B)(1) of section 5111.87 of the Revised Code and	76186
provided under the components of the medicaid program that the	76187
department of developmental disabilities administers under section	76188
5111.871 of the Revised Code. ~~The~~With respect to these rules	76189
~~shall provide for~~, all of the following apply:	76190

(1) The rules shall establish procedures for the department	76191
of developmental disabilities to follow in arranging for the	76192
initial and ongoing collection of cost information from a	76193
comprehensive, statistically valid sample of persons and	76194
government entities providing the services at the time the	76195
information is obtained;.	76196

(2) The rules shall establish procedures for the collection	76197
of consumer-specific information through an assessment instrument	76198
the department of developmental disabilities shall provide to the	76199
department of job and family services;.	76200

(3) With the information collected pursuant to divisions	76201
(A)(1) and (2) of this section, an analysis of that information,	76202
and other information the director determines relevant, ~~methods~~	76203
~~and~~the rules shall establish reimbursement standards ~~for~~	76204
~~calculating the fee schedules~~ that do all of the following:	76205

(a) Assure that ~~the fees are~~reimbursement is consistent with	76206
efficiency, economy, and quality of care;	76207

(b) Consider the intensity of consumer resource need;

76208

(c) Recognize variations in different geographic areas	76209
regarding the resources necessary to assure the health and welfare	76210
of consumers;	76211

(d) Recognize variations in environmental supports available	76212
to consumers.	76213

(B) As part of the process of adopting rules under this	76214
section, the director shall consult with the director of	76215
developmental disabilities, representatives of county boards of	76216
developmental disabilities, persons who provide the home and	76217
community-based services, and other persons and government	76218
entities the director identifies.	76219

(C) The directors of job and family services and	76220
developmental disabilities shall review the rules adopted under	76221
this section at times they determine are necessary to ensure that	76222
the ~~methods and~~amount of reimbursement or the methods by which	76223
the amounts of reimbursement are to be determined continue to meet	76224
the reimbursement standards established ~~by the rules for~~	76225
~~calculating the fee schedules continue to do everything that~~under	76226
division (A)(3) of this section ~~requires~~.	76227

(D) This section applies to home and community-based services	76228
provided under the medicaid waiver component known as the	76229
transitions developmental disabilities waiver only to the extent,	76230
if any, provided by the contract required by section 5111.871 of	76231
the Revised Code regarding the waiver.	76232

Sec. 5111.874. (A) As used in sections 5111.874 to 5111.8710	76233
of the Revised Code:	76234

"Home and community-based services" has the same meaning as	76235
in section 5123.01 of the Revised Code.	76236

"ICF/MR services" means intermediate care facility for the	76237
mentally retarded services covered by the medicaid program that an	76238
intermediate care facility for the mentally retarded provides to a	76239
resident of the facility who is a medicaid recipient eligible for	76240
medicaid-covered intermediate care facility for the mentally	76241
retarded services.	76242

"Intermediate care facility for the mentally retarded" means	76243
an intermediate care facility for the mentally retarded that is	76244
certified as in compliance with applicable standards for the	76245
medicaid program by the director of health in accordance with	76246
Title XIX of the "Social Security Act," 79 Stat. 286 (1965), 42	76247
U.S.C. 1396, as amended, and licensed as a residential facility	76248
under section 5123.19 of the Revised Code.	76249

"Residential facility" has the same meaning as in section	76250
5123.19 of the Revised Code.	76251

(B) For the purpose of increasing the number of slots	76252
available for home and community-based services and subject to	76253
sections 5111.877 and 5111.878 of the Revised Code, the operator	76254
of an intermediate care facility for the mentally retarded may	76255
convert some or all of the beds in the facility from providing	76256
ICF/MR services to providing home and community-based services if	76257
all of the following requirements are met:	76258

(1) The operator provides the directors of health, job and	76259
family services, and developmental disabilities at least ninety	76260
days' notice of the operator's intent to ~~relinquish the facility's~~	76261
~~certification as an intermediate care facility for the mentally~~	76262
~~retarded and to begin providing home and community-based services~~	76263
make the conversion.	76264

(2) The operator complies with the requirements of sections	76265
5111.65 to 5111.689 of the Revised Code regarding a voluntary	76266
termination as defined in section 5111.65 of the Revised Code if	76267
those requirements are applicable.	76268

(3) ~~The~~If the operator intends to convert all of the	76269
facility's beds, the operator notifies each of the facility's	76270
residents that the facility is to cease providing ICF/MR services	76271
and inform each resident that the resident may do either of the	76272
following:	76273

(a) Continue to receive ICF/MR services by transferring to	76274
another facility that is an intermediate care facility for the	76275
mentally retarded willing and able to accept the resident if the	76276
resident continues to qualify for ICF/MR services;	76277

(b) Begin to receive home and community-based services	76278
instead of ICF/MR services from any provider of home and	76279
community-based services that is willing and able to provide the	76280
services to the resident if the resident is eligible for the	76281
services and a slot for the services is available to the resident.	76282

(4) If the operator intends to convert some but not all of	76283
the facility's beds, the operator notifies each of the facility's	76284
residents that the facility is to convert some of its beds from	76285
providing ICF/MR services to providing home and community-based	76286
services and inform each resident that the resident may do either	76287
of the following:	76288

(a) Continue to receive ICF/MR services from any provider of	76289
ICF/MR services that is willing and able to provide the services	76290
to the resident if the resident continues to qualify for ICF/MR	76291
services;	76292

(b) Begin to receive home and community-based services	76293
instead of ICF/MR services from any provider of home and	76294
community-based services that is willing and able to provide the	76295
services to the resident if the resident is eligible for the	76296
services and a slot for the services is available to the resident.	76297

(5) The operator meets the requirements for providing home	76298
and community-based services, including the following:	76299

(a) Such requirements applicable to a residential facility if	76300
the operator maintains the facility's license as a residential	76301
facility;	76302

(b) Such requirements applicable to a facility that is not	76303
licensed as a residential facility if the operator surrenders the	76304
facility's residential facility license under section 5123.19 of	76305
the Revised Code.	76306

~~(5)~~(6) The ~~director~~directors of developmental disabilities	76307
~~approves~~and job and family services approve the conversion.	76308

(C) A decision by the directors to approve or refuse to	76309
approve a proposed conversion of beds is final. In making a	76310
decision, the directors shall consider all of the following:	76311

(1) The fiscal impact on the facility if some but not all of	76312
the beds are converted;	76313

(2) The fiscal impact on the medical assistance program;

76314

(3) The availability of home and community-based services.

76315

(D) The notice provided to the directors under division	76316
(B)(1) of this section shall specify whether some or all of the	76317
facility's beds are to be converted. If some but not all of the	76318
beds are to be converted, the notice shall specify how many of the	76319
facility's beds are to be converted and how many of the beds are	76320
to continue to provide ICF/MR services. The notice to the director	76321
of developmental disabilities ~~under division (B)(1) of this~~	76322
~~section~~ shall specify whether the operator wishes to surrender the	76323
facility's license as a residential facility under section 5123.19	76324
of the Revised Code.	76325

~~(D)~~(E)(1) If the ~~director~~directors of developmental	76326
disabilities ~~approves~~and job and family services approve a	76327
conversion under division ~~(B)~~(C) of this section, the director of	76328
health shall ~~terminate~~do the following:	76329

(a) Terminate the certification of the intermediate care	76330
facility for the mentally retarded if the notice specifies that	76331
all of the facility's beds are to be converted;	76332

(b) Reduce the facility's certified capacity by the number of	76333
beds being converted if the notice specifies that some but not all	76334
of the beds are to be converted. ~~The~~	76335

(2) The director of health shall notify the director of job	76336
and family services of the termination or reduction. On receipt of	76337
the director of health's notice, the director of job and family	76338
services shall ~~terminate~~do the following:	76339

(a) Terminate the operator's medicaid provider agreement that	76340
authorizes the operator to provide ICF/MR services at the facility	76341
if the facility's certification was terminated;	76342

(b) Amend the operator's medicaid provider agreement to	76343
reflect the facility's reduced certified capacity if the	76344
facility's certified capacity is reduced. ~~The~~	76345

(3) In the case of action taken under division (E)(2)(a) of	76346
this section, the operator is not entitled to notice or a hearing	76347
under Chapter 119. of the Revised Code before the director of job	76348
and family services terminates the medicaid provider agreement.	76349

Sec. 5111.877. The director of job and family services may	76350
seek approval from the United States secretary of health and human	76351
services for not more than a total of ~~one~~two hundred slots for	76352
home and community-based services for the purposes of sections	76353
5111.874, 5111.875, and 5111.876 of the Revised Code.	76354

Sec. 5111.88. (A) As used in sections 5111.88 to 5111.8811	76355
of the Revised Code:	76356

(1) "Adult" means an individual at least eighteen years of	76357
age.	76358

(2) "Authorized representative" means the following:

76359

(a) In the case of a consumer who is a minor, the consumer's	76360
parent, custodian, or guardian;	76361

(b) In the case of a consumer who is an adult, an individual	76362
selected by the consumer pursuant to section 5111.8810 of the	76363
Revised Code to act on the consumer's behalf for purposes	76364
regarding home care attendant services.	76365

(3) "Authorizing health care professional" means a health	76366
care professional who, pursuant to section 5111.887 of the Revised	76367
Code, authorizes a home care attendant to assist a consumer with	76368
self-administration of medication, nursing tasks, or both.	76369

(4) "Consumer" means an individual to whom all of the	76370
following apply:	76371

(a) The individual is enrolled in a participating medicaid	76372
waiver component.	76373

(b) The individual has a medically determinable physical	76374
impairment to which both of the following apply:	76375

(i) It is expected to last for a continuous period of not	76376
less than twelve months.	76377

(ii) It causes the individual to require assistance with	76378
activities of daily living, self-care, and mobility, including	76379
either assistance with self-administration of medication or the	76380
performance of nursing tasks, or both.	76381

(c) In the case of an individual who is an adult, the	76382
individual is mentally alert and is, or has an authorized	76383
representative who is, capable of selecting, directing the actions	76384
of, and dismissing a home care attendant.	76385

(d) In the case of an individual who is a minor, the	76386
individual has an authorized representative who is capable of	76387
selecting, directing the actions of, and dismissing a home care	76388
attendant.	76389

(5) "Controlled substance" has the same meaning as in section	76390
3719.01 of the Revised Code.	76391

(6) "Custodian" has the same meaning as in section 2151.011	76392
of the Revised Code.	76393

(7) "Gastrostomy tube" means a percutaneously inserted	76394
catheter that terminates in the stomach.	76395

(8) "Guardian" has the same meaning as in section 2111.01 of	76396
the Revised Code.	76397

(9) "Health care professional" means a physician or	76398
registered nurse.	76399

(10) "Home care attendant" means an individual holding a	76400
valid medicaid provider agreement in accordance with section	76401
5111.881 of the Revised Code that authorizes the individual to	76402
provide home care attendant services to consumers.	76403

(11) "Home care attendant services" means all of the	76404
following as provided by a home care attendant:	76405

(a) Personal care aide services;

76406

(b) Assistance with the self-administration of medication;

76407

76408

(12) "Jejunostomy tube" means a percutaneously inserted	76409
catheter that terminates in the jejunum.	76410

(13) "Medicaid waiver component" has the same meaning as in	76411
section 5111.85 of the Revised Code.	76412

(14) "Medication" means a drug as defined in section 4729.01	76413
of the Revised Code.	76414

(15) "Minor" means an individual under eighteen years of age.

76415

(16) "Participating medicaid waiver component" means both of	76416
the following:	76417

(a) The ~~medicaid waiver component known as~~ Ohio home care	76418
~~that the department of job and family services administers~~program	76419
created under section 5111.861 of the Revised Code;	76420

(b) The ~~medicaid waiver component known as~~ Ohio transitions	76421
II aging carve-out ~~that the department of job and family services~~	76422
~~administers~~program created under section 5111.862 of the Revised	76423
Code.	76424

(17) "Physician" means an individual authorized under Chapter	76425
4731. of the Revised Code to practice medicine and surgery or	76426
osteopathic medicine and surgery.	76427

(18) "Practice of nursing as a registered nurse," "practice	76428
of nursing as a licensed practical nurse," and "registered nurse"	76429
have the same meanings as in section 4723.01 of the Revised Code.	76430
"Registered nurse" includes an advanced practice nurse, as defined	76431
in section 4723.01 of the Revised Code.	76432

(19) "Schedule II," "schedule III," "schedule IV," and	76433
"schedule V" have the same meanings as in section 3719.01 of the	76434
Revised Code.	76435

(B) The director of job and family services may submit	76436
requests to the United States secretary of health and human	76437
services to amend the federal medicaid waivers authorizing the	76438
participating medicaid waiver components to have those components	76439
cover home care attendant services in accordance with sections	76440
5111.88 to 5111.8810 and rules adopted under section 5111.8811 of	76441
the Revised Code. Notwithstanding sections 5111.881 to 5111.8811	76442
of the Revised Code, those sections shall be implemented regarding	76443
a participating medicaid waiver component only if the secretary	76444
approves a waiver amendment for the component.	76445

Sec. 5111.89. (A) As used in sections 5111.89 to 5111.894 of	76446
the Revised Code:	76447

"Area agency on aging" has the same meaning as in section	76448
173.14 of the Revised Code.	76449

"Assisted living program" means the program created under	76450
this section.	76451

"Assisted living services" means the following home and	76452
community-based services: personal care, homemaker, chore,	76453
attendant care, companion, medication oversight, and therapeutic	76454
social and recreational programming.	76455

"Assisted living waiver" means the federal medicaid waiver	76456
granted by the United States secretary of health and human	76457
services that authorizes the medicaid-funded component of the	76458
assisted living program.	76459

"County or district home" means a county or district home	76460
operated under Chapter 5155. of the Revised Code.	76461

"Long-term care consultation program" means the program the	76462
department of aging is required to develop under section 173.42 of	76463
the Revised Code.	76464

"Long-term care consultation program administrator" or	76465
"administrator" means the department of aging or, if the	76466
department contracts with an area agency on aging or other entity	76467
to administer the long-term care consultation program for a	76468
particular area, that agency or entity.	76469

"Medicaid waiver component" has the same meaning as in	76470
section 5111.85 of the Revised Code.	76471

"Nursing facility" has the same meaning as in section 5111.20	76472
of the Revised Code.	76473

"Residential care facility" has the same meaning as in	76474
section 3721.01 of the Revised Code.	76475

~~"State administrative agency" means the department of job and~~	76476
~~family services if the department of job and family services~~	76477
~~administers the assisted living program or the department of aging~~	76478
~~if the department of aging administers the assisted living~~	76479
~~program.~~	76480

"Unified long-term services and support medicaid waiver	76481
component" means the medicaid waiver component authorized by	76482
section 5111.863 of the Revised Code.	76483

(B) There is hereby created the assisted living program. The	76484
program shall provide assisted living services to individuals who	76485
meet the program's applicable eligibility requirements ~~established~~	76486
~~under section 5111.891 of the Revised Code~~. ~~The~~Subject to	76487
division (C) of this section, the program ~~may not serve more~~	76488
~~individuals than the number that is set by the United States~~	76489
~~secretary of health and human services when the medicaid waiver~~	76490
~~authorizing the program is approved~~shall have a medicaid-funded	76491
component and a state-funded component.	76492

(C)(1) Unless the medicaid-funded component of the assisted	76493
living program is terminated under division (C)(2) of this	76494
section, all of the following apply:	76495

(a) The department of aging shall administer the	76496
medicaid-funded component through a contract entered into with the	76497
department of job and family services under section 5111.91 of the	76498
Revised Code.	76499

(b) The contract shall include an estimate of the	76500
medicaid-funded component's costs. ~~The program~~	76501

(c) The medicaid-funded component shall be operated as a	76502
separate medicaid waiver component ~~until the United States~~	76503
~~secretary approves the consolidated federal medicaid waiver sought~~	76504
~~under section 5111.861 of the Revised Code~~. ~~The program shall be~~	76505
~~part of the consolidated federal medicaid waiver sought under that~~	76506
~~section if the United States secretary approves the waiver.~~	76507

~~If the director of budget and management approves the~~	76508
~~contract, the department of job and family services shall enter~~	76509
~~into a contract with the department of aging under section 5111.91~~	76510
~~of the Revised Code that provides for the department of aging to~~	76511
~~administer the assisted living program. The contract shall include~~	76512
~~an estimate of the program's costs.~~	76513

~~The~~(d) The medicaid-funded component may not serve more	76514
individuals than is set by the United States secretary of health	76515
and human services in the assisted living waiver.	76516

(e) The director of job and family services may adopt rules	76517
under section 5111.85 of the Revised Code regarding the ~~assisted~~	76518
~~living program~~medicaid-funded component. ~~The~~	76519

(f) The director of aging may adopt rules under Chapter 119.	76520
of the Revised Code regarding the ~~program~~medicaid-funded	76521
component that the rules adopted by the director of job and family	76522
services under division (C)(1)(e) of this section authorize the	76523
director of aging to adopt.	76524

(2) If the unified long-term services and support medicaid	76525
waiver component is created, the departments of aging and job and	76526
family services shall work together to determine whether the	76527
medicaid-funded component of the assisted living program should	76528
continue to operate as a separate medicaid waiver component or be	76529
terminated. If the departments determine that the medicaid-funded	76530
component of the assisted living program should be terminated, the	76531
medicaid-funded component shall cease to exist on a date the	76532
departments shall specify.	76533

(D) The department of aging shall administer the state-funded	76534
component of the assisted living program. The state-funded	76535
component shall not be administered as part of the medicaid	76536
program.	76537

An individual who is eligible for the state-funded component	76538
may participate in the component for not more than three months.	76539

The director of aging shall adopt rules in accordance with	76540
section 111.15 of the Revised Code to implement the state-funded	76541
component.	76542

Sec. 5111.891. To be eligible for the medicaid-funded	76543
component of the assisted living program, an individual must meet	76544
all of the following requirements:	76545

(A) Need an intermediate level of care as determined under	76546
rule 5101:3-3-06 of the Administrative Code;	76547

(B) ~~At the time the individual applies for the assisted~~	76548
~~living program, be one of the following:~~	76549

~~(1) A nursing facility resident who is seeking to move to a~~	76550
~~residential care facility and would remain in a nursing facility~~	76551
~~for long~~-~~term care if not for the assisted living program;~~	76552

~~(2) A participant of any of the following medicaid waiver~~	76553
~~components who would move to a nursing facility if not for the~~	76554
~~assisted living program:~~	76555

~~(a) The PASSPORT program created under section 173.40 of the~~	76556
~~Revised Code;~~	76557

~~(b) The choices program created under section 173.403 of the~~	76558
~~Revised Code;~~	76559

~~(c) A medicaid waiver component that the department of job~~	76560
~~and family services administers.~~	76561

~~(3) A resident of a residential care facility who has resided~~	76562
~~in a residential care facility for at least six months immediately~~	76563
~~before the date the individual applies for the assisted living~~	76564
~~program.~~	76565

~~(C) At the time the individual receives~~While receiving	76566
assisted living services under the ~~assisted living program~~	76567
medicaid-funded component, reside in a residential care facility	76568
that is authorized by a valid medicaid provider agreement to	76569
participate in the ~~assisted living program~~component, including	76570
both of the following:	76571

(1) A residential care facility that is owned or operated by	76572
a metropolitan housing authority that has a contract with the	76573
United States department of housing and urban development to	76574
receive an operating subsidy or rental assistance for the	76575
residents of the facility;	76576

(2) A county or district home licensed as a residential care	76577
facility.	76578

~~(D)~~(C) Meet all other eligibility requirements for the	76579
~~assisted living program~~medicaid-funded component established in	76580
rules adopted ~~under~~pursuant to division (C) of section ~~5111.85~~	76581
5111.89 of the Revised Code.	76582

Sec. 5111.892. To be eligible for the state-funded component	76583
of the assisted living program, an individual must meet all of the	76584
following requirements:	76585

(A) The individual must need an intermediate level of care as	76586
determined under rule 5101:3-3-06 of the Administrative Code;	76587

(B) The individual must have an application for the	76588
medicaid-funded component of the assisted living program (or, if	76589
the medicaid-funded component is terminated under division (C)(2)	76590
of section 5111.89 of the Revised Code, the unified long-term	76591
services and support medicaid waiver component) pending and the	76592
department or the department's designee must have determined that	76593
the individual meets the nonfinancial eligibility requirements of	76594
the medicaid-funded component (or, if the medicaid-funded	76595
component is terminated under division (C)(2) of section 5111.89	76596
of the Revised Code, the unified long-term services and support	76597
medicaid waiver component) and not have reason to doubt that the	76598
individual meets the financial eligibility requirements of the	76599
medicaid-funded component (or, if the medicaid-funded component is	76600
terminated under division (C)(2) of section 5111.89 of the Revised	76601
Code, the unified long-term services and support medicaid waiver	76602
component).	76603

(C) While receiving assisted living services under	76604
state-funded component, the individual must reside in a	76605
residential care facility that is authorized by a valid provider	76606
agreement to participate in the component, including both of the	76607
following:	76608

(1) A residential care facility that is owned or operated by	76609
a metropolitan housing authority that has a contract with the	76610
United States department of housing and urban development to	76611
receive an operating subsidy or rental assistance for the	76612
residents of the facility;	76613

(2) A county or district home licensed as a residential care	76614
facility.	76615

(D) The individual must meet all other eligibility	76616
requirements for the state-funded component established in rules	76617
adopted under division (D) of section 5111.89 of the Revised Code.	76618

~~Sec. 5111.892.~~ Sec. 5111.893. A residential care facility	76619
providing services covered by the assisted living program to an	76620
individual enrolled in the program shall have staff on-site	76621
twenty-four hours each day who are able to do all of the	76622
following:	76623

(A) Meet the scheduled and unpredicted needs of the	76624
individuals enrolled in the assisted living program in a manner	76625
that promotes the individuals' dignity and independence;	76626

(B) Provide supervision services for those individuals;

76627

76628

Sec. 5111.894. (A) ~~The state administrative agency~~Subject	76629
to division (C)(2) of section 5111.89 of the Revised Code, the	76630
department of aging shall establish a home first component of the	76631
assisted living program under which eligible individuals may be	76632
enrolled in the medicaid-funded component of the assisted living	76633
program in accordance with this section. An individual is eligible	76634
for the assisted living program's home first component if ~~all~~both	76635
of the following apply:	76636

(1) The individual ishas been determined to be eligible for	76637
the medicaid-funded component of the assisted living program.	76638

(2) ~~The individual is on the unified waiting list established~~	76639
~~under section 173.404 of the Revised Code.~~	76640

~~(3)~~ At least one of the following applies:

76641

(a) The individual has been admitted to a nursing facility.

76642

(b) A physician has determined and documented in writing that	76643
the individual has a medical condition that, unless the individual	76644
is enrolled in home and community-based services such as the	76645
assisted living program, will require the individual to be	76646
admitted to a nursing facility within thirty days of the	76647
physician's determination.	76648

(c) The individual has been hospitalized and a physician has	76649
determined and documented in writing that, unless the individual	76650
is enrolled in home and community-based services such as the	76651
assisted living program, the individual is to be transported	76652
directly from the hospital to a nursing facility and admitted.	76653

(d) Both of the following apply:

76654

(i) The individual is the subject of a report made under	76655
section 5101.61 of the Revised Code regarding abuse, neglect, or	76656
exploitation or such a report referred to a county department of	76657
job and family services under section 5126.31 of the Revised Code	76658
or has made a request to a county department for protective	76659
services as defined in section 5101.60 of the Revised Code.	76660

(ii) A county department of job and family services and an	76661
area agency on aging have jointly documented in writing that,	76662
unless the individual is enrolled in home and community-based	76663
services such as the assisted living program, the individual	76664
should be admitted to a nursing facility.	76665

(e) The individual resided in a residential care facility for	76666
at least six months immediately before applying for the	76667
medicaid-funded component of the assisted living program and is at	76668
risk of imminent admission to a nursing facility because the costs	76669
of residing in the residential care facility have depleted the	76670
individual's resources such that the individual is unable to	76671
continue to afford the cost of residing in the residential care	76672
facility.	76673

(B) Each month, each area agency on aging shall identify	76674
individuals residing in the area that the area agency on aging	76675
serves who are eligible for the home first component of the	76676
assisted living program. When an area agency on aging identifies	76677
such an individual and determines that there is a vacancy in a	76678
residential care facility participating in the medicaid-funded	76679
component of the assisted living program that is acceptable to the	76680
individual, the agency shall notify the long-term care	76681
consultation program administrator serving the area in which the	76682
individual resides. The administrator shall determine whether the	76683
assisted living program is appropriate for the individual and	76684
whether the individual would rather participate in the assisted	76685
living program than continue or begin to reside in a nursing	76686
facility. If the administrator determines that the assisted living	76687
program is appropriate for the individual and the individual would	76688
rather participate in the assisted living program than continue or	76689
begin to reside in a nursing facility, the administrator shall so	76690
notify the ~~state administrative agency~~department of aging. On	76691
receipt of the notice from the administrator, the ~~state~~	76692
~~administrative agency~~department shall approve the individual's	76693
enrollment in the medicaid-funded component of the assisted living	76694
program regardless of the unified waiting list established under	76695
section 173.404 of the Revised Code, unless the enrollment would	76696
cause the ~~assisted living program~~component to exceed any limit on	76697
the number of individuals who may participate in the ~~program~~	76698
component as set by the United States secretary of health and	76699
human services ~~when the medicaid waiver authorizing~~in the ~~program~~	76700
~~is approved~~assisted living waiver.	76701

~~(C) Each quarter, the state administrative agency shall~~	76702
~~certify to the director of budget and management the estimated~~	76703
~~increase in costs of the assisted living program resulting from~~	76704
~~enrollment of individuals in the assisted living program pursuant~~	76705
~~to this section.~~	76706

Sec. 5111.911. Any contract the department of job and family	76707
services enters into with the department of mental health or	76708
department of alcohol and drug addiction services under section	76709
5111.91 of the Revised Code is subject to the approval of the	76710
director of budget and management and shall require or specify all	76711
of the following:	76712

(A) In the case of a contract with the department of mental	76713
health, that section 5111.912 of the Revised Code be complied	76714
with;	76715

(B) In the case of a contract with the department of alcohol	76716
and drug addiction services, that section 5111.913 of the Revised	76717
Code be complied with;	76718

76719

(D) The department of mental health's or department of	76720
alcohol and drug addiction services' responsibilities ~~for~~	76721
~~reimbursing~~with regard to providers, including program oversight	76722
and quality assurance.	76723

Sec. 5111.912. If the department of job and family services	76724
enters into a contract with the department of mental health under	76725
section 5111.91 of the Revised Code, the department of ~~mental~~	76726
~~health and boards of alcohol, drug addiction, and mental health~~	76727
job and family services shall pay the nonfederal share of any	76728
medicaid payment to a provider for services under the component,	76729
or aspect of the component, the department of mental health	76730
administers. If necessary, the director of job and family services	76731
shall submit a state medicaid plan amendment to the United States	76732
secretary of health and human services regarding the department of	76733
job and family services' duty under this section.	76734

Sec. 5111.913. If the department of job and family services	76735
enters into a contract with the department of alcohol and drug	76736
addiction services under section 5111.91 of the Revised Code, ~~the~~	76737
~~department of alcohol and drug addiction services and~~ boards of	76738
alcohol, drug addiction, and mental health services shall pay the	76739
nonfederal share of any medicaid payment to a provider for	76740
services under the component, or aspect of the component, the	76741
department of alcohol and drug addiction services administers. A	76742
board shall use funds allocated to the board under section 3793.04	76743
of the Revised Code to pay the nonfederal share.	76744

Sec. 5111.94. (A) As used in this section, "vendor offset"	76745
means a reduction of a medicaid payment to a medicaid provider to	76746
correct a previous, incorrect medicaid payment to that provider.	76747

(B) There is hereby created in the state treasury the health	76748
care services administration fund. Except as provided in division	76749
(C) of this section, all the following shall be deposited into the	76750
fund:	76751

(1) Amounts deposited into the fund pursuant to sections	76752
5111.92 and 5111.93 of the Revised Code;	76753

(2) The amount of the state share of all money the department	76754
of job and family services, in fiscal year 2003 and each fiscal	76755
year thereafter, recovers pursuant to a tort action under the	76756
department's right of recovery under section 5101.58 of the	76757
Revised Code that exceeds the state share of all money the	76758
department, in fiscal year 2002, recovers pursuant to a tort	76759
action under that right of recovery;	76760

(3) Subject to division (D) of this section, the amount of	76761
the state share of all money the department of job and family	76762
services, in fiscal year 2003 and each fiscal year thereafter,	76763
recovers through audits of medicaid providers that exceeds the	76764
state share of all money the department, in fiscal year 2002,	76765
recovers through such audits;	76766

(4) Amounts from assessments on hospitals under section	76767
5112.06 of the Revised Code and intergovernmental transfers by	76768
governmental hospitals under section 5112.07 of the Revised Code	76769
that are deposited into the fund in accordance with the law;	76770

(5) Amounts that the department of education pays to the	76771
department of job and family services, if any, pursuant to an	76772
interagency agreement entered into under section 5111.713 of the	76773
Revised Code;	76774

(6) The application fees charged to providers under section	76775
5111.063 of the Revised Code.	76776

(C) No funds shall be deposited into the health care services	76777
administration fund in violation of federal statutes or	76778
regulations.	76779

(D) In determining under division (B)(3) of this section the	76780
amount of money the department, in a fiscal year, recovers through	76781
audits of medicaid providers, the amount recovered in the form of	76782
vendor offset shall be excluded.	76783

(E) The director of job and family services shall use funds	76784
available in the health care services administration fund to pay	76785
for costs associated with the administration of the medicaid	76786
program.	76787

Sec. 5111.941. ~~(A)~~ The medicaid revenue and collections fund	76788
is hereby created in the state treasury. Except as otherwise	76789
provided by statute or as authorized by the controlling board,	76790
~~both of the following shall be credited to the fund:~~	76791

~~(1) The~~the nonfederal share of all medicaid-related	76792
revenues, collections, and recoveries;	76793

~~(2) The monthly premiums charged under the children's buy-in~~	76794
~~program pursuant to section 5101.5213 of the Revised Code~~shall be	76795
credited to the fund.	76796

~~(B)~~ The department of job and family services shall use money	76797
credited to the medicaid revenue and collections fund to pay for	76798
medicaid services and contracts ~~and the children's buy-in program~~	76799
~~established under sections 5101.5211 to 5101.5216 of the Revised~~	76800
~~Code~~.	76801

Sec. 5111.944. (A) As used in this section:

76802

"Dual eligible individual" has the same meaning as in section	76803
1915(h)(2)(B) of the "Social Security Act," 124 Stat. 315 (2010),	76804
42 U.S.C. 1396n(h)(2)(B).	76805

"Dual eligible integrated care demonstration project" means	76806
the demonstration project authorized by section 5111.981 of the	76807
Revised Code.	76808

"Medicare program" means the program created under Title	76809
XVIII of the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C.	76810
1395, as amended.	76811

(B) There is created in the state treasury the integrated	76812
care delivery systems fund. If the terms of the federal approval	76813
for the dual eligible integrated care demonstration project	76814
provide for the state to receive a portion of the amounts that the	76815
demonstration project saves the medicare program, such amounts	76816
shall be deposited into the fund. The department of job and family	76817
services shall use the money in the fund to further develop	76818
integrated delivery systems and improved care coordination for	76819
dual eligible individuals.	76820

Sec. 5111.945. There is created in the state treasury the	76821
health care special activities fund. The department of job and	76822
family services shall deposit all funds it receives pursuant to	76823
the administration of the medicaid program into the fund, other	76824
than any such funds that are required by law to be deposited into	76825
another fund. The department shall use the money in the fund to	76826
pay for expenses related to the services provided under, and the	76827
administration of, the medicaid program.	76828

Sec. 5111.97. (A) As used in this section ~~and in section~~	76829
~~5111.971 of the Revised Code~~, "nursing facility" has the same	76830
meaning as in section 5111.20 of the Revised Code.	76831

(B) To the extent funds are available, the director of job	76832
and family services may establish the Ohio access success project	76833
to help medicaid recipients make the transition from residing in a	76834
nursing facility to residing in a community setting. The ~~program~~	76835
project may be established as a separate ~~non-medicaid~~nonmedicaid	76836
program or integrated into a new or existing program of	76837
medicaid-funded home and community-based services authorized by a	76838
waiver approved by the United States department of health and	76839
human services. The director shall permit any recipient of	76840
medicaid-funded nursing facility services to apply for	76841
participation in the ~~program~~project, but may limit the number of	76842
~~program~~project participants. ~~If an application is received before~~	76843
~~the applicant has been a recipient of medicaid-funded nursing~~	76844
~~facility services for six months, the~~	76845

The director shall ensure that an assessment of an applicant	76846
is conducted as soon as practicable to determine whether the	76847
applicant is eligible for participation in the ~~program~~project. To	76848
the maximum extent possible, the assessment and eligibility	76849
determination shall be completed not later than the date that	76850
occurs six months after the applicant became a recipient of	76851
medicaid-funded nursing facility services.	76852

(C) To be eligible for benefits under the project, a medicaid	76853
recipient must satisfy all of the following requirements:	76854

(1) BeThe medicaid recipient must be a recipient of	76855
medicaid-funded nursing facility services, at the time of applying	76856
for the project benefits;.	76857

(2) ~~Need the level of care provided by nursing facilities;~~

76858

~~(3) For participation in a non-medicaid~~If the project is	76859
established as a nonmedicaid program, ~~receive services~~the	76860
medicaid recipient must be able to remain in the community ~~with a~~	76861
as a result of receiving project benefits and the projected cost	76862
of the benefits to the project does not ~~exceeding~~exceed eighty	76863
per cent of the average monthly medicaid cost of a medicaid	76864
recipient in a nursing facility;	76865

~~(4) For participation in a program established as part of~~.

76866

(3) If the project is integrated into a medicaid-funded home	76867
and community-based services waiver program, the medicaid	76868
recipient must meet waiver enrollment criteria.	76869

(D) If the director establishes the Ohio access success	76870
project, the benefits provided under the project may include	76871
payment of all of the following:	76872

(1) The first month's rent in a community setting;

76873

(2) Rental deposits;

76874

(3) Utility deposits;

76875

(4) Moving expenses;

76876

(5) Other expenses not covered by the medicaid program that	76877
facilitate a medicaid recipient's move from a nursing facility to	76878
a community setting.	76879

(E) If the project is established as a ~~non-medicaid~~	76880
nonmedicaid program, no participant may receive more than two	76881
thousand dollars worth of benefits under the project.	76882

(F) The director may submit a request to the United States	76883
secretary of health and human services pursuant to section 1915 of	76884
the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1396n,	76885
as amended, to create a medicaid home and community-based services	76886
waiver program to serve individuals who meet the criteria for	76887
participation in the Ohio access success project. The director may	76888
adopt rules under Chapter 119. of the Revised Code for the	76889
administration and operation of the ~~program~~project.	76890

Sec. 5111.981. (A) As used in this section:

76891

"Dual eligible individual" has the same meaning as in section	76892
1915(h)(2)(B) of the "Social Security Act," 124 Stat. 315 (2010),	76893
42 U.S.C. 1396n(h)(2)(B).	76894

"Medicare program" means the program created under Title	76895
XVIII of the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C.	76896
1395, as amended.	76897

(B) Subject to division (C) of this section, the director of	76898
job and family services may implement a demonstration project to	76899
test and evaluate the integration of the care that dual eligible	76900
individuals receive under the medicare and medicaid programs. No	76901
provision of Title LI of the Revised Code applies to the	76902
demonstration project if that provision implements or incorporates	76903
a provision of federal law governing the medicaid program and that	76904
provision of federal law does not apply to the demonstration	76905
project.	76906

(C) Before implementing the demonstration project under	76907
division (B) of this section, the director shall obtain the	76908
approval of the United States secretary of health and human	76909
services in the form of a federal medicaid waiver, medicaid state	76910
plan amendment, or demonstration grant. The director is required	76911
to seek the federal approval only if the director seeks to	76912
implement the demonstration project. The director shall implement	76913
the demonstration project in accordance with the terms of the	76914
federal approval, including the terms regarding the duration of	76915
the demonstration project.	76916

Sec. 5112.30. As used in sections 5112.30 to 5112.39 of the	76917
Revised Code:	76918

(A) "Franchise permit fee rate" means the following:

76919

(1) ~~Until August 1, 2009, eleven dollars and ninety-eight~~	76920
~~cents;~~	76921

~~(2) For the period beginning August 1, 2009, and ending June~~	76922
~~30, 2010, fourteen dollars and seventy-five cents;~~	76923

~~(3)~~ For fiscal year ~~2011~~2012, ~~thirteen~~seventeen dollars and	76924
~~fifty-five~~ninety-nine cents;	76925

~~(4)~~(2) For fiscal year ~~2012~~2013 and each fiscal year	76926
thereafter, ~~the rate used for the immediately preceding fiscal~~	76927
~~year as adjusted in accordance with the composite inflation factor~~	76928
~~established in rules adopted under section 5112.39 of the Revised~~	76929
~~Code~~eighteen dollars and thirty-two cents.	76930

(B) "Indirect guarantee percentage" means the percentage	76931
specified in section 1903(w)(4)(C)(ii) of the "Social Security	76932
Act," 120 Stat. 2994 (2006), 42 U.S.C. 1396b(w)(4)(C)(ii), as	76933
amended, that is to be used in determining whether a class of	76934
providers is indirectly held harmless for any portion of the costs	76935
of a broad-based health-care-related tax. If the indirect	76936
guarantee percentage changes during a fiscal year, the indirect	76937
guarantee percentage is the following:	76938

(1) For the part of the fiscal year before the change takes	76939
effect, the percentage in effect before the change;	76940

(2) For the part of the fiscal year beginning with the date	76941
the indirect guarantee percentage changes, the new percentage.	76942

(C) "Intermediate care facility for the mentally retarded"	76943
has the same meaning as in section 5111.20 of the Revised Code,	76944
except that, until August 1, 2009, it does not include any such	76945
facility operated by the department of developmental disabilities.	76946

~~(C)~~(D) "Medicaid" has the same meaning as in section 5111.01	76947
of the Revised Code.	76948

Sec. 5112.31. The department of job and family services	76949
shall do all of the following:	76950

(A) Subject to ~~division~~divisions (B) and (C) of this section	76951
and for the purposes specified in sections 5112.37 and 5112.371 of	76952
the Revised Code, assess for each fiscal year each intermediate	76953
care facility for the mentally retarded a franchise permit fee	76954
equal to the franchise permit fee rate multiplied by the product	76955
of the following:	76956

(1) The number of beds certified under Title XIX of the	76957
"Social Security Act" on the first day of May of the calendar year	76958
in which the assessment is determined pursuant to division (A) of	76959
section 5112.33 of the Revised Code;	76960

(2) The ~~following number of days:~~

76961

~~(a) For fiscal year 2010, the following:~~

76962

~~(i) For the part of fiscal year 2010 during which the~~	76963
~~franchise permit fee rate is eleven dollars and ninety-eight~~	76964
~~cents, the number of days during fiscal year 2010 during which the~~	76965
~~franchise permit fee rate is that amount;~~	76966

~~(ii) For the part of fiscal year 2010 during which the~~	76967
~~franchise permit fee rate is fourteen dollars and seventy-five~~	76968
~~cents, the number of days during fiscal year 2010 during which the~~	76969
~~franchise permit fee is that amount;~~	76970

~~(iii) For fiscal year 2011 and each fiscal year thereafter,~~	76971
~~the~~ number of days in the fiscal year.	76972

(B) If the total amount of the franchise permit fee assessed	76973
under division (A) of this section for a fiscal year exceeds ~~five~~	76974
~~and one-half per cent~~the indirect guarantee percentage of the	76975
actual net patient revenue for all intermediate care facilities	76976
for the mentally retarded for that fiscal year, do both of the	76977
following:	76978

(1) Recalculate the assessments under division (A) of this	76979
section using a per bed per day rate equal to ~~five and one-half~~	76980
~~per cent~~the indirect guarantee percentage of actual net patient	76981
revenue for all intermediate care facilities for the mentally	76982
retarded for that fiscal year;	76983

(2) Refund the difference between the amount of the franchise	76984
permit fee assessed for that fiscal year under division (A) of	76985
this section and the amount recalculated under division (B)(1) of	76986
this section as a credit against the assessments imposed under	76987
division (A) of this section for the subsequent fiscal year.	76988

(C) If the United States secretary of health and human	76989
services determines that the franchise permit fee established by	76990
sections 5112.30 to 5112.39 of the Revised Code would be an	76991
impermissible health care-related tax under section 1903(w) of the	76992
"Social Security Act," 42 U.S.C.A. 1396b(w), as amended, take all	76993
necessary actions to cease implementation of those sections in	76994
accordance with rules adopted under section 5112.39 of the Revised	76995
Code.	76996

Sec. 5112.37. There is hereby created in the state treasury	76997
the home and community-based services for the mentally retarded	76998
and developmentally disabled fund. ~~Eighty-four~~Eighty-one and ~~two~~	76999
~~tenths~~seventy-seven hundredths per cent of all installment	77000
payments and penalties paid by an intermediate care facility for	77001
the mentally retarded under sections 5112.33 and 5112.34 of the	77002
Revised Code for state fiscal year ~~2010~~2012 shall be deposited	77003
into the fund. ~~Seventy-nine~~Eighty-two and ~~twelve hundredths~~two	77004
tenths per cent of all installment payments and penalties paid by	77005
an intermediate care facility for the mentally retarded under	77006
sections 5112.33 and 5112.34 of the Revised Code for state fiscal	77007
year ~~2011~~2013 and thereafter shall be deposited into the fund.	77008
The department of job and family services shall distribute the	77009
money in the fund in accordance with rules adopted under section	77010
5112.39 of the Revised Code. The departments of job and family	77011
services and developmental disabilities shall use the money for	77012
the medicaid program established under Chapter 5111. of the	77013
Revised Code and home and community-based services to mentally	77014
retarded and developmentally disabled persons.	77015

Sec. 5112.371. There is hereby created in the state treasury	77016
the department of developmental disabilities operating and	77017
services fund. ~~Fifteen and eight tenths per cent of all~~All	77018
installment payments and penalties paid by an intermediate care	77019
facility for the mentally retarded under sections 5112.33 and	77020
5112.34 of the Revised Code ~~for state fiscal year 2010~~that are	77021
not deposited into the home and community-based services for the	77022
mentally retarded and developmentally disabled fund shall be	77023
deposited into the department of developmental disabilities	77024
operating and services fund. ~~Twenty and eighty-eight hundredths~~	77025
~~per cent of all installment payments and penalties paid by an~~	77026
~~intermediate care facility for the mentally retarded under~~	77027
~~sections 5112.33 and 5112.34 of the Revised Code for state fiscal~~	77028
~~year 2011 and thereafter shall be deposited into the fund.~~ The	77029
money in the fund shall be used for the expenses of the programs	77030
that the department of ~~mental retardation and~~ developmental	77031
disabilities administers and the department's administrative	77032
expenses.	77033

Sec. 5112.39. The director of job and family services shall	77034
adopt rules in accordance with Chapter 119. of the Revised Code to	77035
do all of the following:	77036

(A) ~~Establish a composite inflation factor for the purpose of~~	77037
~~division (A)(4) of section 5112.30 of the Revised Code;~~	77038

~~(B)~~ Prescribe the actions the department will take to cease	77039
implementation of sections 5112.30 to 5112.39 of the Revised Code	77040
if the United States secretary of health and human services	77041
determines that the franchise permit fee imposed under section	77042
5112.31 of the Revised Code is an impermissible health	77043
care-related tax under section 1903(w) of the "Social Security	77044
Act," 49 Stat. 620 (1935), 42 U.S.C.A. 1396b(w), as amended;	77045

~~(C)~~(B) Establish the method of distributing the money in the	77046
home and community-based services for the mentally retarded and	77047
developmentally disabled fund created by section 5112.37 of the	77048
Revised Code;	77049

~~(D)~~(C) Establish any other requirements or procedures the	77050
director considers necessary to implement sections 5112.30 to	77051
5112.39 of the Revised Code.	77052

Sec. 5112.40. As used in sections 5112.40 to 5112.48 of the	77053
Revised Code:	77054

(A) "Applicable assessment percentage" means the percentage	77055
specified in rules adopted under section 5112.46 of the Revised	77056
Code that is used in calculating a hospital's assessment under	77057
section 5112.41 of the Revised Code.	77058

(B) "Assessment program year" means the twelve-month period	77059
beginning the first day of October of a calendar year and ending	77060
the last day of September of the following calendar year.	77061

~~(B)~~(C) "Cost reporting period" means the period of time used	77062
by a hospital in reporting costs for purposes of the medicare	77063
program.	77064

~~(C)~~(D) "Federal fiscal year" means the twelve-month period	77065
beginning the first day of October of a calendar year and ending	77066
the last day of September of the following calendar year.	77067

~~(D)~~(E)(1) Except as provided in division ~~(D)~~(E)(2) of this	77068
section, "hospital" means a hospital to which any of the following	77069
applies:	77070

(a) The hospital is registered under section 3701.07 of the	77071
Revised Code as a general medical and surgical hospital or a	77072
pediatric general hospital and provides inpatient hospital	77073
services, as defined in 42 C.F.R. 440.10.	77074

(b) The hospital is recognized under the medicare program as	77075
a cancer hospital and is exempt from the medicare prospective	77076
payment system.	77077

(c) The hospital is a psychiatric hospital licensed under	77078
section 5119.20 of the Revised Code.	77079

(2) "Hospital" does not include either of the following:

77080

(a) A federal hospital;

77081

(b) A hospital that does not charge any of its patients for	77082
its services.	77083

~~(E)~~(F) "Hospital care assurance program" means the program	77084
established under sections 5112.01 to 5112.21 of the Revised Code.	77085

~~(F)~~(G) "Medicaid" has the same meaning as in section 5111.01	77086
of the Revised Code.	77087

~~(G)~~(H) "Medicare" means the program established under Title	77088
XVIII of the Social Security Act.	77089

~~(H)~~(I) "State fiscal year" means the twelve-month period	77090
beginning the first day of July of a calendar year and ending the	77091
last day of June of the following calendar year.	77092

~~(I)~~(J)(1) Except as provided in divisions ~~(I)~~(J)(2) and (3)	77093
of this section, "total facility costs" means the total costs to a	77094
hospital for all care provided to all patients, including the	77095
direct, indirect, and overhead costs to the hospital of all	77096
services, supplies, equipment, and capital related to the care of	77097
patients, regardless of whether patients are enrolled in a health	77098
insuring corporation.	77099

(2) "Total facility costs" excludes all of the following of a	77100
hospital's costs as shown on the cost-reporting data used for	77101
purposes of determining the hospital's assessment under section	77102
5112.41 of the Revised Code:	77103

(a) Skilled nursing services provided in distinct-part	77104
nursing facility units;	77105

(b) Home health services;

77106

77107

(d) Ambulance services;

77108

(e) Renting durable medical equipment;

77109

(f) Selling durable medical equipment.

77110

(3) "Total facility costs" excludes any costs excluded from a	77111
hospital's total facility costs pursuant to rules, if any, adopted	77112
under division (B)(1) of section 5112.46 of the Revised Code.	77113

Sec. 5112.41. (A) For the purposes specified in section	77114
5112.45 of the Revised Code and subject to section 5112.48 of the	77115
Revised Code, there is hereby imposed an assessment on all	77116
hospitals each assessment program year. The amount of a hospital's	77117
assessment for an assessment program year shall equal~~, except as~~	77118
~~provided in division (D) of this section,~~ the applicable	77119
assessment percentage ~~specified in division (B) of this section~~ of	77120
the hospital's total facility costs for the period of time	77121
specified in division ~~(C)~~(B) of this section. The amount of a	77122
hospital's total facility costs shall be derived from	77123
cost-reporting data for the hospital submitted to the department	77124
of job and family services for purposes of the hospital care	77125
assurance program. If a hospital has not submitted that	77126
cost-reporting data to the department, the amount of a hospital's	77127
total facility costs shall be derived from other financial	77128
statements that the hospital shall provide to the department as	77129
directed by the department. The cost-reporting data or financial	77130
statements used to determine a hospital's assessment is subject to	77131
the same type of adjustments made to the cost-reporting data under	77132
the hospital care assurance program.	77133

(B) ~~The percentage specified in this division is the~~	77134
~~following:~~	77135

~~(1) For the first assessment program year beginning after the~~	77136
~~effective date of this section, one and fifty-two hundredths per~~	77137
~~cent;~~	77138

~~(2) Subject to division (D) of this section, for the second~~	77139
~~assessment program year after the effective date of this section~~	77140
~~and each successive assessment program year, one and sixty-one~~	77141
~~hundredths per cent.~~	77142

~~(C)~~ The period of time specified in this division is the	77143
hospital's cost reporting period that ends in the state fiscal	77144
year that ends in the federal fiscal year that precedes the	77145
federal fiscal year that precedes the assessment program year for	77146
which the assessment is imposed.	77147

~~(D) The department of job and family services shall apply to~~	77148
~~the United States secretary of health and human services for a~~	77149
~~waiver under 42 U.S.C. 1396b(w)(3)(E) to establish, for the second~~	77150
~~assessment program year after the effective date of this section~~	77151
~~and each successive assessment program year, a tiered assessment~~	77152
~~on hospitals' total facility costs instead of applying the~~	77153
~~percentage specified in division (B)(2) of this section. If the~~	77154
~~United States secretary denies the waiver, the department shall~~	77155
~~apply the percentage specified in division (B)(2) of this section~~	77156
~~for the second assessment program year after the effective date of~~	77157
~~this section and each successive assessment program year.~~	77158

~~(E)~~(C) The assessment imposed by this section on a hospital	77159
is in addition to the assessment imposed by section 5112.06 of the	77160
Revised Code.	77161

Sec. 5112.46. (A) The director of job and family services	77162
~~may~~shall adopt, amend, and rescind rules in accordance with	77163
Chapter 119. of the Revised Code as necessary to implement	77164
sections 5112.40 to 5112.48 of the Revised Code, including rules	77165
that specify the percentage of hospitals' total facility costs to	77166
be used in calculating hospitals' assessments under section	77167
5112.41 of the Revised Code.	77168

(B) The rules adopted under this section may ~~provide~~do the	77169
following:	77170

(1) Provide that a hospital's total facility costs for the	77171
purpose of the assessment under section 5112.41 of the Revised	77172
Code exclude any of the following:	77173

~~(1)~~(a) A hospital's costs associated with providing care to	77174
recipients of any of the following:	77175

~~(a)~~(i) The medicaid program;

77176

~~(b)~~(ii) The medicare program;

77177

~~(c)~~(iii) The disability financial assistance program	77178
established under Chapter 5115. of the Revised Code;	77179

~~(d)~~(iv) The program for medically handicapped children	77180
established under section 3701.023 of the Revised Code;	77181

~~(e)~~(v) Services provided under the maternal and child health	77182
services block grant established under Title V of the Social	77183
Security Act.	77184

~~(2)~~(b) Any other category of hospital costs the director	77185
deems appropriate under federal law and regulations governing the	77186
medicaid program.	77187

(2) Subject to division (C) of this section, provide for the	77188
percentage of hospitals' total facility costs used in calculating	77189
hospitals' assessments to vary for different hospitals;	77190

(3) To reduce hospitals' cash flow difficulties, establish a	77191
schedule for hospitals to pay their assessments that is different	77192
from the schedule established under section 5112.43 of the Revised	77193
Code.	77194

(C) Before adopting rules authorized by division (B)(2) of	77195
this section that establish varied percentages to be used in	77196
calculating hospitals' assessments, the director shall obtain a	77197
waiver from the United States secretary of health and human	77198
services under section 1903(w)(3)(E) of the "Social Security Act,"	77199
105 Stat. 1796 (1991), 42 U.S.C. 1396b(w)(3)(E), as amended, if	77200
the varied percentages would cause the assessments to not be	77201
imposed uniformly.	77202

Sec. 5112.99. (A) The director of job and family services	77203
shall impose a penalty for each day that a hospital fails to	77204
report the information required under section 5112.04 of the	77205
Revised Code on or before the dates specified in that section. The	77206
amount of the penalty shall be established by the director in	77207
rules adopted under section 5112.03 of the Revised Code.	77208

(B) In addition to any other remedy available to the	77209
department of job and family services under law to collect unpaid	77210
assessments and transfers under sections 5112.01 to 5112.21 of the	77211
Revised Code, the director shall impose a penalty of ten per cent	77212
of the amount due on any hospital that fails to pay assessments or	77213
make intergovernmental transfers by the dates required by rules	77214
adopted under section 5112.03 of the Revised Code.	77215

(C) In addition to any other remedy available to the	77216
department of job and family services under law to collect unpaid	77217
assessments imposed under section 5112.41 of the Revised Code, the	77218
director shall impose a penalty of ten per cent of the amount due	77219
on any hospital that fails to pay the assessment by the date it is	77220
due.	77221

(D) The director shall waive the penalties provided for in	77222
~~divisions (A) and (B) of~~ this section for good cause shown by the	77223
hospital.	77224

~~(D)~~(E) All penalties imposed under this section shall be	77225
deposited into the health care administration fund created by	77226
section 5111.94 of the Revised Code.	77227

Sec. 5112.991. The department of job and family services may	77228
offset the amount of a hospital's unpaid penalty imposed under	77229
section 5112.99 of the Revised Code from one or more payments due	77230
the hospital under the medicaid program. The total amount that may	77231
be offset from one or more payments shall not exceed the amount of	77232
the unpaid penalty.	77233

Sec. 5119.01. The director of mental health is the chief	77234
executive and administrative officer of the department of mental	77235
health. The director may establish procedures for the governance	77236
of the department, conduct of its employees and officers,	77237
performance of its business, and custody, use, and preservation of	77238
departmental records, papers, books, documents, and property.	77239
Whenever the Revised Code imposes a duty upon or requires an	77240
action of the department or any of its institutions, the director	77241
shall perform the action or duty in the name of the department,	77242
except that the medical director appointed pursuant to section	77243
5119.07 of the Revised Code shall be responsible for decisions	77244
relating to medical diagnosis, treatment, rehabilitation, quality	77245
assurance, and the clinical aspects of the following: licensure of	77246
hospitals and residential facilities, research, community mental	77247
health plans, and delivery of mental health services.	77248

The director shall:

77249

(A) Adopt rules for the proper execution of the powers and	77250
duties of the department with respect to the institutions under	77251
its control, and require the performance of additional duties by	77252
the officers of the institutions as necessary to fully meet the	77253
requirements, intents, and purposes of this chapter. In case of an	77254
apparent conflict between the powers conferred upon any managing	77255
officer and those conferred by such sections upon the department,	77256
the presumption shall be conclusive in favor of the department.	77257

(B) Adopt rules for the nonpartisan management of the	77258
institutions under the department's control. An officer or	77259
employee of the department or any officer or employee of any	77260
institution under its control who, by solicitation or otherwise,	77261
exerts influence directly or indirectly to induce any other	77262
officer or employee of the department or any of its institutions	77263
to adopt the exerting officer's or employee's political views or	77264
to favor any particular person, issue, or candidate for office	77265
shall be removed from the exerting officer's or employee's office	77266
or position, by the department in case of an officer or employee,	77267
and by the governor in case of the director.	77268

(C) Appoint such employees, including the medical director,	77269
as are necessary for the efficient conduct of the department, and	77270
prescribe their titles and duties;	77271

(D) Prescribe the forms of affidavits, applications, medical	77272
certificates, orders of hospitalization and release, and all other	77273
forms, reports, and records that are required in the	77274
hospitalization or admission and release of all persons to the	77275
institutions under the control of the department, or are otherwise	77276
required under this chapter or Chapter 5122. of the Revised Code;	77277

(E) Contract with hospitals licensed by the department under	77278
section 5119.20 of the Revised Code for the care and treatment of	77279
mentally ill patients, or with persons, organizations, or agencies	77280
for the custody, evaluation, supervision, care, or treatment of	77281
mentally ill persons receiving services elsewhere than within the	77282
enclosure of a hospital operated under section 5119.02 of the	77283
Revised Code;	77284

(F) Exercise the powers and perform the duties relating to	77285
community mental health facilities and services that are assigned	77286
to the director under this chapter and Chapter 340. of the Revised	77287
Code;	77288

(G) Develop and implement clinical evaluation and monitoring	77289
of services that are operated by the department;	77290

(H) ~~At the director's discretion, adopt rules establishing~~	77291
~~standards for the adequacy of services provided by community~~	77292
~~mental health facilities, and certify the compliance of such~~	77293
~~facilities with the standards for the purpose of authorizing their~~	77294
~~participation in the health care plans of health insuring~~	77295
~~corporations under Chapter 1751. and sickness and accident~~	77296
~~insurance policies issued under Chapter 3923. of the Revised Code.~~	77297
~~The director shall cease to certify such compliance two years~~	77298
~~after June 6, 2001. The director shall rescind the rules after the~~	77299
~~date the director ceases to certify such compliance.~~	77300

~~(I)~~ Adopt rules establishing standards for the performance of	77301
evaluations by a forensic center or other psychiatric program or	77302
facility of the mental condition of defendants ordered by the	77303
court under section 2919.271, or 2945.371 of the Revised Code, and	77304
for the treatment of defendants who have been found incompetent to	77305
stand trial and ordered by the court under section 2945.38,	77306
2945.39, 2945.401, or 2945.402 of the Revised Code to receive	77307
treatment in facilities;	77308

~~(J)~~(I) On behalf of the department, have the authority and	77309
responsibility for entering into contracts and other agreements;	77310

~~(K)~~(J) Prepare and publish regularly a state mental health	77311
plan that describes the department's philosophy, current	77312
activities, and long-term and short-term goals and activities;	77313

~~(L)~~(K) Adopt rules in accordance with Chapter 119. of the	77314
Revised Code specifying the supplemental services that may be	77315
provided through a trust authorized by section 5815.28 of the	77316
Revised Code;	77317

~~(M)~~(L) Adopt rules in accordance with Chapter 119. of the	77318
Revised Code establishing standards for the maintenance and	77319
distribution to a beneficiary of assets of a trust authorized by	77320
section 5815.28 of the Revised Code.	77321

Sec. 5119.012. The department of mental health has all the	77322
authority necessary to carry out its powers and duties under this	77323
chapter and Chapters 340., 2919., 2945., and 5122. of the Revised	77324
Code.	77325

Sec. 5119.013. Pursuant to the director of mental health's	77326
authority under division (J) of section 5119.01 of the Revised	77327
Code, the director may contract with agencies, institutions, and	77328
other entities both public and private, as necessary for the	77329
department of mental health to carry out its duties under this	77330
chapter and Chapters 340., 2919., 2945., and 5122. of the Revised	77331
Code. Chapter 125. of the Revised Code does not apply to contracts	77332
the director enters into under this section.	77333

Sec. 5119.02. (A) The department of mental health shall	77334
maintain, operate, manage, and govern state institutions for the	77335
care and treatment of mentally ill persons.	77336

(B) The department of mental health may designate all	77337
institutions under its jurisdiction by appropriate respective	77338
names, regardless of present statutory designation.	77339

(C) Subject to section 5139.08 and pursuant to Chapter 5122.	77340
of the Revised Code and on the agreement of the departments of	77341
mental health and youth services, the department of mental health	77342
may receive from the department of youth services for psychiatric	77343
observation, diagnosis, or treatment any person eighteen years of	77344
age or older in the custody of the department of youth services.	77345
The departments shall enter into a written agreement specifying	77346
the procedures necessary to implement this division.	77347

(D) The department of mental health shall ~~provide and~~	77348
designate hospitals, facilities, and community mental health	77349
agencies for the custody, care, and special treatment of, and	77350
authorize payment for such custody, care, and special treatment	77351
provided to, persons who are charged with a crime and who are	77352
found incompetent to stand trial or not guilty by reason of	77353
insanity.	77354

(E) The department of mental health may do all of the	77355
following:	77356

(1) Require reports from the managing officer of any	77357
institution under the department's jurisdiction, relating to the	77358
admission, examination, comprehensive evaluation, diagnosis,	77359
release, or discharge of any patient;	77360

(2) Visit each institution regularly to review its operations	77361
and to investigate complaints made by any patient or by any person	77362
on behalf of a patient, provided these duties may be performed by	77363
a person designated by the director.	77364

(F) The department of mental health shall divide the state	77365
into districts for the purpose of designating the institution in	77366
which mentally ill persons are hospitalized, and may change the	77367
districts.	77368

(G) In addition to the powers expressly conferred, the	77369
department of mental health shall have all powers and authority	77370
necessary for the full and efficient exercise of the executive,	77371
administrative, and fiscal supervision over the state institutions	77372
described in this section.	77373

(H) The department of mental health may provide for the	77374
custody, supervision, control, treatment, and training of mentally	77375
ill persons hospitalized elsewhere than within the enclosure of a	77376
hospital, if the department so determines with respect to any	77377
individual or group of individuals. In all such cases, the	77378
department shall ensure adequate and proper supervision for the	77379
protection of such persons and of the public.	77380

Sec. 5119.06. ~~(A)~~ The department of mental health shall:

77381

~~(1) Establish and~~(A) To the extent the department has	77382
available resources and in consultation with boards of alcohol,	77383
drug addiction, and mental health services, support a ~~program at~~	77384
~~the state level to promote a~~ community support system in	77385
accordance with section 340.03 of the Revised Code ~~to be available~~	77386
~~for every alcohol, drug addiction, and mental health service~~	77387
~~district~~on a district or multi-district basis. The department	77388
shall define the essential elements of a community support system,	77389
shall assist in identifying resources, and ~~coordinating the~~	77390
~~planning, evaluation, and delivery of services to facilitate the~~	77391
~~access of mentally ill people to public services at federal,~~	77392
~~state, and local levels, and shall operate~~may prioritize support	77393
for one or more of the elements.	77394

(B) Operate inpatient and other mental health services	77395
~~pursuant to the approved community mental health plan.~~	77396

~~(2)~~;

77397

(C) Provide training, consultation, and technical assistance	77398
regarding mental health programs and services and appropriate	77399
prevention and mental health promotion activities, including those	77400
that are culturally sensitive, to employees of the department,	77401
community mental health agencies and boards, and other agencies	77402
providing mental health services;	77403

~~(3) Promote~~(D) To the extent the department has available	77404
resources, promote and support a full range of mental health	77405
services that are available and accessible to all residents of	77406
this state, especially for severely mentally disabled children,	77407
adolescents, and adults, and other special target populations,	77408
including racial and ethnic minorities, as determined by the	77409
department.;	77410

~~(4)~~(E) Design and set criteria for the determination of	77411
severe mental disability;	77412

~~(5)~~(F) Establish standards for evaluation of mental health	77413
programs;	77414

~~(6)~~(G) Promote, direct, conduct, and coordinate scientific	77415
research, taking ethnic and racial differences into consideration,	77416
concerning the causes and prevention of mental illness, methods of	77417
providing effective services and treatment, and means of enhancing	77418
the mental health of all residents of this state;	77419

~~(7)~~(H) Foster the establishment and availability of	77420
vocational rehabilitation services and the creation of employment	77421
opportunities for consumers of mental health services, including	77422
members of racial and ethnic minorities;	77423

~~(8)~~(I) Establish a program to protect and promote the rights	77424
of persons receiving mental health services, including the	77425
issuance of guidelines on informed consent and other rights;	77426

~~(9)~~(J) Establish, in consultation with board of alcohol, drug	77427
addiction, and mental health services representatives and after	77428
consideration of the recommendations of the medical director,	77429
guidelines for the development of community mental health plans	77430
and the review and approval or disapproval of such plans submitted	77431
pursuant to section 340.03 of the Revised Code;	77432

~~(10)~~(K) Promote the involvement of persons who are receiving	77433
or have received mental health services, including families and	77434
other persons having a close relationship to a person receiving	77435
mental health services, in the planning, evaluation, delivery, and	77436
operation of mental health services.;	77437

~~(11)~~(L) Notify and consult with the relevant constituencies	77438
that may be affected by rules, standards, and guidelines issued by	77439
the department of mental health. These constituencies shall	77440
include consumers of mental health services and their families,	77441
and may include public and private providers, employee	77442
organizations, and others when appropriate. Whenever the	77443
department proposes the adoption, amendment, or rescission of	77444
rules under Chapter 119. of the Revised Code, the notification and	77445
consultation required by this division shall occur prior to the	77446
commencement of proceedings under Chapter 119. The department	77447
shall adopt rules under Chapter 119. of the Revised Code that	77448
establish procedures for the notification and consultation	77449
required by this division.	77450

~~(12)~~(M) In cooperation with board of alcohol, drug addiction,	77451
and mental health services representatives, provide training	77452
regarding the provision of community-based mental health services	77453
to those department employees who are utilized in state-operated,	77454
community-based mental health services;	77455

~~(13)~~(N) Provide consultation to the department of	77456
rehabilitation and correction concerning the delivery of mental	77457
health services in state correctional institutions;.	77458

~~(B) The department of mental health may negotiate and enter~~	77459
~~into agreements with other agencies and institutions, both public~~	77460
~~and private, for the joint performance of its duties.~~	77461

Sec. 5119.18. There is hereby created in the state treasury	77462
the department of mental health trust fund. Not later than the	77463
first day of September of each year, the director of mental health	77464
shall certify to the director of budget and management the amount	77465
of all of the unexpended, unencumbered balances of general revenue	77466
fund appropriations made to the department of mental health for	77467
the previous fiscal year, excluding funds appropriated for rental	77468
payments to the Ohio public facilities commission. On receipt of	77469
the certification, the director of budget and management shall	77470
transfer cash to the trust fund in an amount up to, but not	77471
exceeding, the total of the amounts certified by the director of	77472
mental health.	77473

In addition, the trust fund shall receive all amounts,	77474
subject to any provisions in bond documents, received from the	77475
sale or lease of lands and facilities by the department.	77476

All moneys in the trust fund shall be used by the department	77477
of mental health ~~for mental health purposes specified in division~~	77478
~~(A) of section 5119.06 of the Revised Code~~to pay for expenditures	77479
the department incurs in performing any of its duties under this	77480
chapter. The use of moneys in the trust fund pursuant to this	77481
section does not represent an ongoing commitment to the	77482
continuation of the trust fund or to the use of moneys in the	77483
trust fund.	77484

Sec. 5119.22. (A)(1) As used in this section and sections	77485
5119.221 and 5119.222 of the Revised Code:	77486

(a) "Community mental health agency" means a community mental	77487
health agency as defined in division (H) of section 5122.01 of the	77488
Revised Code~~, or, until two years after the effective date of this~~	77489
~~amendment, a community mental health facility certified by the~~	77490
~~department of mental health pursuant to division (H) of section~~	77491
~~5119.01 of the Revised Code~~.	77492

(b) "Community mental health services" means any of the	77493
services listed in section 340.09 of the Revised Code.	77494

(c) "Personal care services" means services including, but	77495
not limited to, the following:	77496

(i) Assisting residents with activities of daily living;

77497

(ii) Assisting residents with self-administration of	77498
medication in accordance with rules adopted under this section;	77499

(iii) Preparing special diets, other than complex therapeutic	77500
diets, for residents pursuant to the instructions of a physician	77501
or a licensed dietitian, in accordance with rules adopted under	77502
this section.	77503

"Personal care services" does not include "skilled nursing	77504
care" as defined in section 3721.01 of the Revised Code. A	77505
facility need not provide more than one of the services listed in	77506
division (A)(1)(c) of this section to be considered to be	77507
providing personal care services.	77508

(d) "Residential facility" means a publicly or privately	77509
operated home or facility that provides one of the following:	77510

(i) Room and board, personal care services, and community	77511
mental health services to one or more persons with mental illness	77512
or persons with severe mental disabilities who are referred by or	77513
are receiving community mental health services from a community	77514
mental health agency, hospital, or practitioner;	77515

(ii) Room and board and personal care services to one or two	77516
persons with mental illness or persons with severe mental	77517
disabilities who are referred by or are receiving community mental	77518
health services from a community mental health agency, hospital,	77519
or practitioner;	77520

(iii) Room and board to five or more persons with mental	77521
illness or persons with severe mental disabilities who are	77522
referred by or are receiving community mental health services from	77523
a community mental health agency, hospital, or practitioner.	77524

The following are not residential facilities: the residence	77525
of a relative or guardian of a mentally ill individual, a hospital	77526
subject to licensure under section 5119.20 of the Revised Code, a	77527
residential facility as defined in section 5123.19 of the Revised	77528
Code, a facility providing care for a child in the custody of a	77529
public children services agency or a private agency certified	77530
under section 5103.03 of the Revised Code, a foster care facility	77531
subject to section 5103.03 of the Revised Code, an adult care	77532
facility subject to licensure under ~~Chapter 3722.~~sections 5119.70	77533
to 5119.88 of the Revised Code, and a nursing home, residential	77534
care facility, or home for the aging subject to licensure under	77535
section 3721.02 of the Revised Code.	77536

(2) Nothing in division (A)(1)(d) of this section shall be	77537
construed to permit personal care services to be imposed on a	77538
resident who is capable of performing the activity in question	77539
without assistance.	77540

(3) Except in the case of a residential facility described in	77541
division (A)(1)(d)(i) of this section, members of the staff of a	77542
residential facility shall not administer medication to residents,	77543
all medication taken by residents of a residential facility shall	77544
be self-administered, and no person shall be admitted to or	77545
retained by a residential facility unless the person is capable of	77546
taking the person's own medication and biologicals, as determined	77547
in writing by the person's personal physician. Members of the	77548
staff of a residential facility may do any of the following:	77549

(a) Remind a resident when to take medication and watch to	77550
ensure that the resident follows the directions on the container;	77551

(b) Assist a resident in the self-administration of	77552
medication by taking the medication from the locked area where it	77553
is stored, in accordance with rules adopted pursuant to this	77554
section, and handing it to the resident. If the resident is	77555
physically unable to open the container, a staff member may open	77556
the container for the resident.	77557

(c) Assist a physically impaired but mentally alert resident,	77558
such as a resident with arthritis, cerebral palsy, or Parkinson's	77559
disease, in removing oral or topical medication from containers	77560
and in consuming or applying the medication, upon request by or	77561
with the consent of the resident. If a resident is physically	77562
unable to place a dose of medicine to the resident's mouth without	77563
spilling it, a staff member may place the dose in a container and	77564
place the container to the mouth of the resident.	77565

(B) Every person operating or desiring to operate a	77566
residential facility shall apply for licensure of the facility to	77567
the department of mental health and shall send a copy of the	77568
application to the board of alcohol, drug addiction, and mental	77569
health services whose service district includes the county in	77570
which the person operates or desires to operate a residential	77571
facility. The board shall review such applications and recommend	77572
approval or disapproval to the department. Each recommendation	77573
shall be consistent with the board's community mental health plan.	77574

(C) The department of mental health shall inspect and license	77575
the operation of residential facilities. The department shall	77576
consider the past record of the facility and the applicant or	77577
licensee in arriving at its licensure decision. The department may	77578
issue full, probationary, and interim licenses. A full license	77579
shall expire two years after the date of issuance, a probationary	77580
license shall expire in a shorter period of time as prescribed by	77581
rule adopted by the director of mental health pursuant to Chapter	77582
119. of the Revised Code, and an interim license shall expire	77583
ninety days after the date of issuance. The department may refuse	77584
to issue or renew and may revoke a license if it finds the	77585
facility is not in compliance with rules adopted by the department	77586
pursuant to division (G) of this section or if any facility	77587
operated by the applicant or licensee has had repeated violations	77588
of statutes or rules during the period of previous licenses.	77589
Proceedings initiated to deny applications for full or	77590
probationary licenses or to revoke such licenses are governed by	77591
Chapter 119. of the Revised Code.	77592

(D) The department may issue an interim license to operate a	77593
residential facility if both of the following conditions are met:	77594

(1) The department determines that the closing of or the need	77595
to remove residents from another residential facility has created	77596
an emergency situation requiring immediate removal of residents	77597
and an insufficient number of licensed beds are available.	77598

(2) The residential facility applying for an interim license	77599
meets standards established for interim licenses in rules adopted	77600
by the director under Chapter 119. of the Revised Code.	77601

An interim license shall be valid for ninety days and may be	77602
renewed by the director no more than twice. Proceedings initiated	77603
to deny applications for or to revoke interim licenses under this	77604
division are not subject to Chapter 119. of the Revised Code.	77605

(E) The department of mental health may conduct an inspection	77606
of a residential facility:	77607

(1) Prior to the issuance of a license to a prospective	77608
operator;	77609

(2) Prior to the renewal of any operator's license;

77610

(3) To determine whether a facility has completed a plan of	77611
correction required pursuant to this division and corrected	77612
deficiencies to the satisfaction of the department and in	77613
compliance with this section and rules adopted pursuant to it;	77614

(4) Upon complaint by any individual or agency;

77615

(5) At any time the director considers an inspection to be	77616
necessary in order to determine whether a residential facility is	77617
in compliance with this section and rules adopted pursuant to this	77618
section.	77619

In conducting inspections the department may conduct an	77620
on-site examination and evaluation of the residential facility,	77621
its personnel, activities, and services. The department shall have	77622
access to examine all records, accounts, and any other documents	77623
relating to the operation of the residential facility, and shall	77624
have access to the facility in order to conduct interviews with	77625
the operator, staff, and residents. Following each inspection and	77626
review, the department shall complete a report listing any	77627
deficiencies, and including, when appropriate, a time table within	77628
which the operator shall correct the deficiencies. The department	77629
may require the operator to submit a plan of correction describing	77630
how the deficiencies will be corrected.	77631

(F) No person shall do any of the following:

77632

(1) Operate a residential facility unless the facility holds	77633
a valid license;	77634

(2) Violate any of the conditions of licensure after having	77635
been granted a license;	77636

(3) Interfere with a state or local official's inspection or	77637
investigation of a residential facility;	77638

(4) Violate any of the provisions of this section or any	77639
rules adopted pursuant to this section.	77640

(G) The director shall adopt and may amend and rescind rules	77641
pursuant to Chapter 119. of the Revised Code, prescribing minimum	77642
standards for the health, safety, adequacy, and cultural	77643
specificity and sensitivity of treatment of and services for	77644
persons in residential facilities; establishing procedures for the	77645
issuance, renewal or revocation of the licenses of such	77646
facilities; establishing the maximum number of residents of a	77647
facility; establishing the rights of residents and procedures to	77648
protect such rights; and requiring an affiliation agreement	77649
approved by the board between a residential facility and a mental	77650
health agency. Such affiliation agreement must be consistent with	77651
the residential portion of the community mental health plan	77652
submitted pursuant to section 340.03 of the Revised Code.	77653

(H) The department may investigate any facility that has been	77654
reported to the department or that the department has reasonable	77655
cause to believe is operating as a residential facility without a	77656
valid license.	77657

(I) The department may withhold the source of any complaint	77658
reported as a violation of this act when the department determines	77659
that disclosure could be detrimental to the department's purposes	77660
or could jeopardize the investigation. The department may disclose	77661
the source of any complaint if the complainant agrees in writing	77662
to such disclosure and shall disclose the source upon order by a	77663
court of competent jurisdiction.	77664

(J) The director of mental health may petition the court of	77665
common pleas of the county in which a residential facility is	77666
located for an order enjoining any person from operating a	77667
residential facility without a license or from operating a	77668
licensed facility when, in the director's judgment, there is a	77669
real and present danger to the health or safety of any of the	77670
occupants of the facility. The court shall have jurisdiction to	77671
grant such injunctive relief upon a showing that the respondent	77672
named in the petition is operating a facility without a license or	77673
there is a real and present danger to the health or safety of any	77674
residents of the facility.	77675

(K) Whoever violates division (F) of this section or any rule	77676
adopted under this section is liable for a civil penalty of one	77677
hundred dollars for the first offense; for each subsequent	77678
offense, such violator is liable for a civil penalty of five	77679
hundred dollars. If the violator does not pay, the attorney	77680
general, upon the request of the director of mental health, shall	77681
bring a civil action to collect the penalty. Fines collected	77682
pursuant to this section shall be deposited into the state	77683
treasury to the credit of the mental health sale of goods and	77684
services fund.	77685

Sec. 5119.221. (A) Upon petition by the director of mental	77686
health, the court of common pleas or the probate court may appoint	77687
a receiver to take possession of and operate a residential	77688
facility licensed pursuant to section 5119.22 of the Revised Code,	77689
when conditions existing at the residential facility present a	77690
substantial risk of physical or mental harm to residents and no	77691
other remedies at law are adequate to protect the health, safety,	77692
and welfare of the residents.	77693

Petitions filed pursuant to this section shall include:

77694

(1) A description of the specific conditions existing at the	77695
residential facility which present a substantial risk of physical	77696
or mental harm to residents;	77697

(2) A statement of the absence of other adequate remedies at	77698
law;	77699

(3) The number of individuals residing at the facility;

77700

(4) A statement that the facts have been brought to the	77701
attention of the owner or licensee and that conditions have not	77702
been remedied within a reasonable period of time or that the	77703
conditions, though remedied periodically, habitually exist at the	77704
residential facility as a pattern or practice; and	77705

(5) The name and address of the person holding the license	77706
for the residential facility.	77707

(B) A court in which a petition is filed pursuant to this	77708
section shall notify the person holding the license for the	77709
facility of the filing. The department shall send notice of the	77710
filing to the following, as appropriate: the ~~legal rights service~~	77711
~~created pursuant to~~Ohio protection and advocacy system as defined	77712
in section 5123.60 of the Revised Code; facility owner; facility	77713
operator; board of alcohol, drug addiction, and mental health	77714
services; board of health; department of developmental	77715
disabilities; department of job and family services; facility	77716
residents; and residents' families and guardians. The court shall	77717
provide a hearing on the petition within five court days of the	77718
time it was filed, except that the court may appoint a receiver	77719
prior to that time if it determines that the circumstances	77720
necessitate such action.	77721

Following a hearing on the petition, and upon a determination	77722
that the appointment of a receiver is warranted, the court shall	77723
appoint a receiver and notify the department of mental health and	77724
appropriate persons of this action.	77725

In setting forth the powers of the receiver, the court may	77726
generally authorize the receiver to do all that is prudent and	77727
necessary to safely and efficiently operate the residential	77728
facility within the requirements of state and federal law, but	77729
shall require the receiver to obtain court approval prior to	77730
making any single expenditure of more than five thousand dollars	77731
to correct deficiencies in the structure or furnishings of a	77732
facility. The court shall closely review the conduct of the	77733
receiver and shall require regular and detailed reports.	77734

(C) A receivership established pursuant to this section shall	77735
be terminated, following notification of the appropriate parties	77736
and a hearing, if the court determines either of the following:	77737

(1) The residential facility has been closed and the former	77738
residents have been relocated to an appropriate facility;	77739

(2) Circumstances no longer exist at the residential facility	77740
which present a substantial risk of physical or mental harm to	77741
residents, and there is no deficiency in the residential facility	77742
that is likely to create a future risk of harm.	77743

Notwithstanding division (C)(2) of this section, the court	77744
shall not terminate a receivership for a residential facility that	77745
has previously operated under another receivership unless the	77746
responsibility for the operation of the facility is transferred to	77747
an operator approved by the court and the department of mental	77748
health.	77749

(D) Except for the department of mental health or appropriate	77750
board of alcohol, drug addiction, and mental health services, no	77751
party or person interested in an action shall be appointed a	77752
receiver pursuant to this section.	77753

To assist the court in identifying persons qualified to be	77754
named as receivers, the director of the department of mental	77755
health shall maintain a list of the names of such persons. The	77756
department of mental health, the department of job and family	77757
services, and the department of health shall provide technical	77758
assistance to any receiver appointed pursuant to this section.	77759

Before entering upon the duties of receiver, the receiver	77760
must be sworn to perform the duties faithfully, and, with surety	77761
approved by the court, judge, or clerk, execute a bond to such	77762
person, and in such sum as the court or judge directs, to the	77763
effect that such receiver will faithfully discharge the duties of	77764
receiver in the action, and obey the orders of the court therein.	77765

(1) Under the control of the appointing court, a receiver may	77766
do the following:	77767

(a) Bring and defend actions in the appointee's name as	77768
receiver;	77769

(b) Take and keep possession of property.

77770

(2) The court shall authorize the receiver to do the	77771
following:	77772

(a) Collect payment for all goods and services provided to	77773
the residents or others during the period of the receivership at	77774
the same rate as was charged by the licensee at the time the	77775
petition for receivership was filed, unless a different rate is	77776
set by the court;	77777

(b) Honor all leases, mortgages, and secured transactions	77778
governing all buildings, goods, and fixtures of which the receiver	77779
has taken possession, but, in the case of a rental agreement only	77780
to the extent of payments that are for the use of the property	77781
during the period of the receivership, or, in the case of a	77782
purchase agreement, only to the extent that payments come due	77783
during the period of the receivership;	77784

(c) If transfer of residents is necessary, provide for the	77785
orderly transfer of residents by:	77786

(i) Cooperating with all appropriate state and local agencies	77787
in carrying out the transfer of residents to alternative community	77788
placements;	77789

(ii) Providing for the transportation of residents'	77790
belongings and records;	77791

(iii) Helping to locate alternative placements and develop	77792
plans for transfer;	77793

(iv) Encouraging residents or guardians to participate in	77794
transfer planning except when an emergency exists and immediate	77795
transfer is necessary.	77796

(d) Make periodic reports on the status of the residential	77797
facility to the court; the appropriate state agencies; and the	77798
board of alcohol, drug addiction, and mental health services. Each	77799
report shall be made available to residents, their guardians, and	77800
families.	77801

(e) Compromise demands or claims; and

77802

(f) Generally do such acts respecting the residential	77803
facility as the court authorizes.	77804

Notwithstanding any other provision of law, contracts which	77805
are necessary to carry out the powers and duties of the receiver	77806
need not be competitively bid.	77807

Sec. 5119.222. No rule adopted under section 5119.22 of the	77808
Revised Code regarding documentation that residential facilities	77809
must submit to the department of mental health or a board of	77810
alcohol, drug addiction, and mental health services shall be more	77811
stringent than a comparable documentation submission requirement	77812
that applies to residential facilities and is established by a	77813
federal regulation promulgated by the United States department of	77814
health and human services.	77815

Sec. 5119.61. Any provision in this chapter that refers to a	77816
board of alcohol, drug addiction, and mental health services also	77817
refers to the community mental health board in an alcohol, drug	77818
addiction, and mental health service district that has a community	77819
mental health board.	77820

The director of mental health with respect to all facilities	77821
and programs established and operated under Chapter 340. of the	77822
Revised Code for mentally ill and emotionally disturbed persons,	77823
shall do all of the following:	77824

(A) Adopt rules pursuant to Chapter 119. of the Revised Code	77825
that may be necessary to carry out the purposes of Chapter 340.	77826
and sections 5119.61 to 5119.63 of the Revised Code.	77827

(1) The rules shall include all of the following:

77828

(a) Rules governing a community mental health agency's	77829
services under section 340.091 of the Revised Code to an	77830
individual referred to the agency under division (C)(2) of section	77831
~~173.35~~5119.69 of the Revised Code;	77832

(b) For the purpose of division (A)(16) of section 340.03 of	77833
the Revised Code, rules governing the duties of mental health	77834
agencies and boards of alcohol, drug addiction, and mental health	77835
services under section ~~3722.18~~5119.88 of the Revised Code	77836
regarding referrals of individuals with mental illness or severe	77837
mental disability to adult care facilities and effective	77838
arrangements for ongoing mental health services for the	77839
individuals. The rules shall do at least the following:	77840

(i) Provide for agencies and boards to participate fully in	77841
the procedures owners and managers of adult care facilities must	77842
follow under division (A) of section ~~3722.18~~5119.88 of the	77843
Revised Code;	77844

(ii) Specify the manner in which boards are accountable for	77845
ensuring that ongoing mental health services are effectively	77846
arranged for individuals with mental illness or severe mental	77847
disability who are referred by the board or mental health agency	77848
under contract with the board to an adult care facility.	77849

(c) Rules governing a board of alcohol, drug addiction, and	77850
mental health services when making a report to the director of	77851
health under section ~~3722.17~~5119.87 of the Revised Code regarding	77852
the quality of care and services provided by an adult care	77853
facility to a person with mental illness or a severe mental	77854
disability.	77855

(2) Rules may be adopted to govern the method of paying a	77856
community mental health facility, as defined in section 5111.023	77857
of the Revised Code, for providing services listed in division (B)	77858
of that section. Such rules must be consistent with the contract	77859
entered into between the departments of job and family services	77860
and mental health under section 5111.91 of the Revised Code and	77861
include requirements ensuring appropriate service utilization.	77862

(B) Review and evaluate, and, taking into account the	77863
findings and recommendations of the board of alcohol, drug	77864
addiction, and mental health services of the district served by	77865
the program and the requirements and priorities of the state	77866
mental health plan, including the needs of residents of the	77867
district now residing in state mental institutions, ~~approve and~~	77868
~~allocate funds to support community programs,~~ and make	77869
recommendations for needed improvements to boards of alcohol, drug	77870
addiction, and mental health services;	77871

(C) ~~Withhold state and federal funds for any program, in~~	77872
~~whole or in part, from a board of alcohol, drug addiction, and~~	77873
~~mental health services in the event of failure of that program to~~	77874
~~comply with Chapter 340. or section 5119.61, 5119.611, 5119.612,~~	77875
~~or 5119.62 of the Revised Code or rules of the department of~~	77876
~~mental health. The director shall identify the areas of~~	77877
~~noncompliance and the action necessary to achieve compliance. The~~	77878
~~director shall offer technical assistance to the board to achieve~~	77879
~~compliance. The director shall give the board a reasonable time~~	77880
~~within which to comply or to present its position that it is in~~	77881
~~compliance. Before withholding funds, a hearing shall be conducted~~	77882
~~to determine if there are continuing violations and that either~~	77883
~~assistance is rejected or the board is unable to achieve~~	77884
~~compliance. Subsequent to the hearing process, if it is determined~~	77885
~~that compliance has not been achieved, the director may allocate~~	77886
~~all or part of the withheld funds to a public or private agency to~~	77887
~~provide the services not in compliance until the time that there~~	77888
~~is compliance. The director shall establish rules pursuant to~~	77889
~~Chapter 119. of the Revised Code to implement this division.~~	77890

~~(D) Withhold state or federal funds from a board of alcohol,~~	77891
~~drug addiction, and mental health services that denies available~~	77892
~~service on the basis of religion, race, color, creed, sex,~~	77893
~~national origin, age, disability as defined in section 4112.01 of~~	77894
~~the Revised Code, developmental disability, or the inability to~~	77895
~~pay;~~	77896

~~(E)~~ Provide consultative services to community mental health	77897
agencies with the knowledge and cooperation of the board of	77898
alcohol, drug addiction, and mental health services;	77899

~~(F) Provide~~(D) At the director's discretion, provide to	77900
boards of alcohol, drug addiction, and mental health services	77901
state or federal funds, in addition to those allocated under	77902
section 5119.62 of the Revised Code, for special programs or	77903
projects the director considers necessary but for which local	77904
funds are not available;	77905

~~(G)~~(E) Establish criteria by which a board of alcohol, drug	77906
addiction, and mental health services reviews and evaluates the	77907
quality, effectiveness, and efficiency of services provided	77908
through its community mental health plan. The criteria shall	77909
include requirements ensuring appropriate service utilization. The	77910
department shall assess a board's evaluation of services and the	77911
compliance of each board with this section, Chapter 340. or	77912
section 5119.62 of the Revised Code, and other state or federal	77913
law and regulations. The department, in cooperation with the	77914
board, periodically shall review and evaluate the quality,	77915
effectiveness, and efficiency of services provided through each	77916
board. The department shall collect information that is necessary	77917
to perform these functions.	77918

~~(H) Develop~~(F) To the extent the director determines	77919
necessary and after consulting with boards of alcohol, drug	77920
addiction, and mental health services, develop and operate, or	77921
contract for the operation of, a community mental health	77922
information system or systems.	77923

Boards of alcohol, drug abuse, and mental health services	77924
shall submit information requested by the department in the form	77925
and manner prescribed by the department. Information collected by	77926
the department shall include, but not be limited to, all of the	77927
following:	77928

(1) Information regarding units of services provided in whole	77929
or in part under contract with a board, including diagnosis and	77930
special needs, demographic information, the number of units of	77931
service provided, past treatment, financial status, and service	77932
dates in accordance with rules adopted by the department in	77933
accordance with Chapter 119. of the Revised Code;	77934

(2) Financial information other than price or price-related	77935
data regarding expenditures of boards and community mental health	77936
agencies, including units of service provided, budgeted and actual	77937
expenses by type, and sources of funds.	77938

Boards shall submit the information specified in division	77939
~~(H)~~(F)(1) of this section no less frequently than annually for	77940
each client, and each time the client's case is opened or closed.	77941
The department shall not collect any personal information from the	77942
boards except as required or permitted by state or federal law for	77943
purposes related to payment, health care operations, program and	77944
service evaluation, reporting activities, research, system	77945
administration, and oversight.	77946

~~(I)~~(G) Review each board's community mental health plan	77947
submitted pursuant to section 340.03 of the Revised Code and	77948
approve or disapprove it in whole or in part. Periodically, in	77949
consultation with representatives of boards and after considering	77950
the recommendations of the medical director, the director shall	77951
issue criteria for determining when a plan is complete, criteria	77952
for plan approval or disapproval, and provisions for conditional	77953
approval. The factors that the director considers may include, but	77954
are not limited to, the following:	77955

(1) The mental health needs of all persons residing within	77956
the board's service district, especially severely mentally	77957
disabled children, adolescents, and adults;	77958

(2) The demonstrated quality, effectiveness, efficiency, and	77959
cultural relevance of the services provided in each service	77960
district, the extent to which any services are duplicative of	77961
other available services, and whether the services meet the needs	77962
identified above;	77963

(3) The adequacy of the board's accounting for the	77964
expenditure of funds.	77965

If the director disapproves all or part of any plan, the	77966
director shall provide the board an opportunity to present its	77967
position. The director shall inform the board of the reasons for	77968
the disapproval and of the criteria that must be met before the	77969
plan may be approved. The director shall give the board a	77970
reasonable time within which to meet the criteria, and shall offer	77971
technical assistance to the board to help it meet the criteria.	77972

If the approval of a plan remains in dispute ~~thirty days~~	77973
~~prior to the conclusion of the fiscal year in which the board's~~	77974
~~current plan is scheduled to expire~~, the board or the director may	77975
request that the dispute be submitted to a mutually agreed upon	77976
third-party mediator with the cost to be shared by the board and	77977
the department. The mediator shall issue to the board and the	77978
department recommendations for resolution of the dispute. ~~Prior to~~	77979
~~the conclusion of the fiscal year in which the current plan is~~	77980
~~scheduled to expire, the~~The director, taking into consideration	77981
the recommendations of the mediator, shall make a final	77982
determination and approve or disapprove the plan, in whole or in	77983
part.	77984

Sec. 5119.611. (A) A community mental health agency that	77985
seeks certification of its community mental health services shall	77986
submit an application to the director of mental health. On receipt	77987
of the application, the director may visit and shall evaluate the	77988
agency to determine whether its services satisfy the standards	77989
established by rules adopted under division (C) of this section.	77990
The director shall make the evaluation, and, if the director	77991
visits the agency, shall make the visit, in cooperation with the	77992
board of alcohol, drug addiction, and mental health services with	77993
which the agency seeks to contract under division (A)(8)(a) of	77994
section 340.03 of the Revised Code.	77995

If(B)(1) Subject to division (B)(2) of this section, the	77996
director shall determine whether the services of an applicant's	77997
community mental health agency satisfy the standards for	77998
certification of the services.	77999

If the director determines that a community mental health	78000
agency's services satisfy the standards for certification and the	78001
agency has paid the fee required under division ~~(B)~~(D) of this	78002
section, the director shall certify the services.	78003

If(2) If an applicant submits to the director evidence of	78004
holding national accreditation from the joint commission, the	78005
council on accreditation of rehabilitation facilities, or the	78006
council on accreditation, the director shall accept that	78007
accreditation as evidence of the applicant satisfying the	78008
standards for certification of the community mental health	78009
agency's services. The director shall certify or recertify the	78010
agency's services without any further evaluation of the services.	78011

(C) If the director determines that a community mental health	78012
agency's services do not satisfy the standards for certification,	78013
the director shall identify the areas of noncompliance, specify	78014
what action is necessary to satisfy the standards, and offer	78015
technical assistance to the board of alcohol, drug addiction, and	78016
mental health services so that the board may assist the agency in	78017
satisfying the standards. The director shall give the agency a	78018
reasonable time within which to demonstrate that its services	78019
satisfy the standards or to bring the services into compliance	78020
with the standards. If the director concludes that the services	78021
continue to fail to satisfy the standards, the director may	78022
request that the board reallocate the funds for the community	78023
mental health services the agency was to provide to another	78024
community mental health agency whose community mental health	78025
services satisfy the standards. If the board does not reallocate	78026
those funds in a reasonable period of time, the director may	78027
withhold state and federal funds for the community mental health	78028
services and allocate those funds directly to a community mental	78029
health agency whose community mental health services satisfy the	78030
standards.	78031

~~(B)~~(D) Each community mental health agency seeking	78032
certification of its community mental health services under this	78033
section shall pay a fee for the certification ~~review~~ required by	78034
this section. Fees shall be paid into the sale of goods and	78035
services fund created pursuant to section 5119.161 of the Revised	78036
Code.	78037

~~(C)~~(E) The director shall adopt rules in accordance with	78038
Chapter 119. of the Revised Code to implement this section. The	78039
rules shall do all of the following:	78040

(1) Establish certification standards for community mental	78041
health services, including assertive community treatment and	78042
intensive home-based mental health services, that are consistent	78043
with nationally recognized applicable standards and facilitate	78044
participation in federal assistance programs. The rules shall	78045
include as certification standards only requirements that improve	78046
the quality of services or the health and safety of clients of	78047
community mental health services. The standards shall address at a	78048
minimum all of the following:	78049

(a) Reporting major unusual incidents to the director;

78050

(b) Procedures for applicants for and clients of community	78051
mental health services to file grievances and complaints;	78052

78053

(d) Restraint;

78054

(e) Development of written policies addressing the rights of	78055
clients, including all of the following:	78056

(i) The right to a copy of the written policies addressing	78057
client rights;	78058

(ii) The right at all times to be treated with consideration	78059
and respect for the client's privacy and dignity;	78060

(iii) The right to have access to the client's own	78061
psychiatric, medical, or other treatment records unless access is	78062
specifically restricted in the client's treatment plan for clear	78063
treatment reasons;	78064

(iv) The right to have a client rights officer provided by	78065
the agency or board of alcohol, drug addiction, and mental health	78066
services advise the client of the client's rights, including the	78067
client's rights under Chapter 5122. of the Revised Code if the	78068
client is committed to the agency or board.	78069

(2) Establish standards for qualifications of mental health	78070
professionals as defined in section 340.02 of the Revised Code and	78071
personnel who provide the community mental health services;	78072

(3) Establish the process for certification of community	78073
mental health services;	78074

(4) Set the amount of certification review fees based on a	78075
portion of the cost of performing the review;	78076

(5) Specify the type of notice and hearing to be provided	78077
prior to a decision on whether to reallocate funds.	78078

Sec. 5119.612. No rule adopted under section 5119.611 of the	78079
Revised Code regarding documentation that community mental health	78080
agencies must submit to the department of mental health or a board	78081
of alcohol, drug addiction, and mental health services shall be	78082
more stringent than a comparable documentation submission	78083
requirement that applies to community mental health agencies and	78084
is established by a federal regulation promulgated by the United	78085
States department of health and human services.	78086

~~Sec. 5119.612.~~ Sec. 5119.613. The director of mental health shall	78087
require that each board of alcohol, drug addiction, and mental	78088
health services ensure that each community mental health agency	78089
with which it contracts under division ~~(A)(8)(a)~~(B)(7) of section	78090
340.03 of the Revised Code to provide community mental health	78091
services establish grievance procedures consistent with rules	78092
adopted under section 5119.611 of the Revised Code that are	78093
available to all applicants for and clients of the community	78094
mental health services.	78095

~~Sec. 5119.613.~~ Sec. 5119.614. For purposes of ~~Chapter 3722.~~	78096
sections 5119.70 to 5119.88 of the Revised Code, the director of	78097
mental health shall approve a standardized form to be used in all	78098
areas of this state by adult care facilities and boards of	78099
alcohol, drug addiction, and mental health services when entering	78100
into mental health resident program participation agreements. As	78101
part of approving the form, the director shall specify the	78102
requirements that adult care facilities must meet in order to be	78103
authorized to admit residents who are receiving or are eligible	78104
for publicly funded mental health services.	78105

Sec. 5119.62. (A) ~~Upon approving the plan submitted pursuant~~	78106
~~to section 340.03 of the Revised Code, the director~~The department	78107
of mental health shall ~~authorize the payment of funds~~establish a	78108
methodology for allocating to ~~a board~~boards of alcohol, drug	78109
addiction, and mental health services ~~from~~the funds appropriated	78110
~~for such purpose~~ by the general assembly to the department for the	78111
purpose of local mental health systems of care. The ~~director~~	78112
department shall ~~release all or part of such~~establish the	78113
methodology after notifying and consulting with relevant	78114
constituencies as required by division (L) of section 5119.06 of	78115
the Revised Code. The methodology may provide for the funds to be	78116
allocated to boards on a district or multi-district basis. Subject	78117
to sections 5119.622 and 5119.623 of the Revised Code, the	78118
department shall allocate the funds ~~as is~~to the boards in a	78119
manner consistent with the methodology, this section, other state	78120
and federal laws, rules, and regulations~~, and the approved plan~~.	78121

(B)~~(1) The director, in consultation with relevant~~	78122
~~constituencies as required by division (A)(11) of section 5119.06~~	78123
~~of the Revised Code, shall establish a formula for allocating to~~	78124
~~boards of alcohol, drug addiction, and mental health services~~	78125
~~appropriations from the general revenue fund for the purpose of~~	78126
~~local management of mental health services as this purpose is~~	78127
~~identified in appropriations to the department of mental health in~~	78128
~~appropriation acts. The formula shall include as a factor the~~	78129
~~number of severely mentally disabled persons residing in each~~	78130
~~alcohol, drug addiction, and mental health service district and~~	78131
~~may include other factors, including, but not limited to, the~~	78132
~~historical utilization of public hospitals by persons in each~~	78133
~~service district. The appropriations shall be allocated to each~~	78134
~~board in accordance with the formula but shall be distributed only~~	78135
~~to those boards that elect the option provided under division~~	78136
~~(B)(3)(a) of this section.~~	78137

~~(2) The director shall allocate each fiscal year to boards of~~	78138
~~alcohol, drug addiction, and mental health services for services~~	78139
~~to severely mentally disabled persons a percentage of the~~	78140
~~appropriations to the department from the general revenue fund for~~	78141
~~the purposes of hospital personal services, hospital maintenance,~~	78142
~~and hospital equipment as those purposes are identified in~~	78143
~~appropriations to the department in appropriation acts. After~~	78144
~~excluding funds for providing services to persons committed to the~~	78145
~~department pursuant to section 2945.38, 2945.39, 2945.40,~~	78146
~~2945.401, 2945.402, or 5139.08 of the Revised Code, the percentage~~	78147
~~of those appropriations so allocated each year shall equal ten per~~	78148
~~cent in fiscal year 1990, twenty per cent in fiscal year 1991,~~	78149
~~forty per cent in fiscal year 1992, sixty per cent in fiscal year~~	78150
~~1993, eighty per cent in fiscal year 1994, and one hundred per~~	78151
~~cent in fiscal year 1995 and thereafter. The amounts so allocated~~	78152
~~shall be transferred from the appropriations for the purposes of~~	78153
~~hospital personal services, hospital maintenance, and hospital~~	78154
~~equipment and credited to appropriations for the purpose of local~~	78155
~~management of mental health services. Appropriations for the~~	78156
~~purpose of local management of mental health services may be used~~	78157
~~by the department and by the boards~~The department may allocate to	78158
boards a portion of the funds appropriated by the general assembly	78159
to the department for the operation of state hospital services. If	78160
the department allocates the funds, the department shall do all of	78161
the following:	78162

(1) In consultation with the boards:

78163

(a) Annually determine the unit costs of providing state	78164
hospital services; and	78165

(b) Establish the methodology for allocating the funds to the	78166
boards.	78167

(2) Determine the type of unit costs of providing state	78168
hospital services to be included as a factor in the methodology	78169
and include that unit cost as a factor in the methodology;	78170

(3) Subject to sections 5119.622 and 5119.623 of the Revised	78171
Code, allocate the funds to the boards in a manner consistent with	78172
the methodology, this section, other state and federal laws,	78173
rules, and regulations.	78174

~~(3) No~~(c) Not later than the first day of April of each year,	78175
the department ~~of mental health~~ shall notify each board of	78176
~~alcohol, drug addiction, and mental health services~~ of the	78177
department's estimate of the amount of ~~general revenue~~ funds to be	78178
allocated to the board under ~~division (D) of~~ this section during	78179
the fiscal year beginning on the next July first. NoIf the	78180
department makes an allocation under division (B) of this section,	78181
the department shall also notify each board of the unit costs of	78182
providing state hospital services for the upcoming fiscal year as	78183
determined under that division. Not later than the first day of	78184
May of each year, each board shall notify the ~~director~~department	78185
as to which of the following options it has elected for ~~that~~the	78186
upcoming fiscal year:	78187

~~(a)~~(1) The board elects to accept distribution of the amount	78188
allocated to it under ~~division (B)(1) of~~ this ~~section. Any board~~	78189
~~that makes such an election shall agree to make payments into the~~	78190
~~risk fund established in division (E) of this section, to make any~~	78191
~~payments for utilization of state hospitals that are required~~	78192
~~under division (E)(3) of this section, to use the funds~~	78193
~~distributed to it within the limitations set forth in division~~	78194
~~(B)(2) of this section, and to provide the department with a~~	78195
~~statement of projected utilization of state hospitals and other~~	78196
~~state-operated services by residents of its service district~~	78197
~~during the fiscal year.~~	78198

~~The department shall retain and expend the funds projected to~~	78199
~~be utilized for state hospitals and other state-operated services~~	78200
section. Funds distributed to each board shall be used to	78201
supplement and not to supplant other state, local, or federal	78202
funds that are being used to support community-based programs for	78203
severely mentally disabled children, adolescents, and adults,	78204
unless the funds have been specifically designated for the	78205
initiation of programs in accordance with the community mental	78206
health plan developed and submitted under section 340.03 and	78207
approved under section 5119.61 of the Revised Code.	78208
Notwithstanding section 131.33 of the Revised Code, any board may	78209
expend unexpended funds distributed to the board from	78210
appropriations for the purpose of local management of mental	78211
health services in the fiscal year following the fiscal year in	78212
for which the appropriations are made, in accordance with the	78213
approved community mental health plan.	78214

~~(b) The~~(2) Subject to division (D) of this section, the	78215
board elects not to accept the amount allocated to it under	78216
~~division (B)(1) of~~ this section, authorizes the department to	78217
determine the use of its allocation, and agrees to provide the	78218
department with a statement of projected utilization of state	78219
hospitals and other state-operated services by residents of its	78220
service district during the fiscal year.	78221

~~(4) Beginning with the notification required to be made by~~	78222
~~May 1, 1995, under division (B)(3) of this section, no~~(D) No	78223
board ~~of alcohol, drug addiction, and mental health services~~ shall	78224
elect the option in division ~~(B)(3)(b)~~(C)(2) of this section	78225
unless ~~one~~all of the following ~~applies~~apply:	78226

~~(a) The~~(1) Either the total ~~general revenue~~ funds estimated	78227
by the department to be allocated to the board under this section	78228
for the next fiscal year isare reduced by a substantial amount,	78229
as defined in guidelines adopted by the director of mental health	78230
under division ~~(B)(4)~~(E) of this section, in comparison to the	78231
amount allocated for the current fiscal year, for reasons not	78232
related to performance;	78233

~~(b) The amount of estimated general revenue funds to be~~	78234
~~allocated to the board is not reduced by a substantial amount but~~	78235
or the board has experienced other circumstances specified in the	78236
guidelines ~~adopted by the director under division (B)(4) of this~~	78237
~~section~~.	78238

~~The director shall consult with boards of alcohol, drug~~	78239
~~addiction, and mental health services and other relevant~~	78240
~~constituencies to develop guidelines for determining what~~	78241
~~constitutes a substantial reduction of general revenue funds for~~	78242
~~the purpose of electing the option under division (B)(3)(b) of~~	78243
~~this section, and what other circumstances qualify a board to~~	78244
~~elect that option.~~	78245

~~Beginning with the notification required to be made by May 1,~~	78246
~~1995, under division (B)(3) of this section, no board shall notify~~	78247
~~the director that it elects the option under division (B)(3)(b) of~~	78248
~~this section unless it has conducted~~(2) The board provides the	78249
department written confirmation that the board has received input	78250
about the impact that the board's election will have on the mental	78251
health system in the board's district from all of the following:	78252

(a) Individuals who receive mental health services and such	78253
individuals' families;	78254

(b) Boards of county commissioners;

78255

78256

(d) County sheriffs, jail administrators, and other local law	78257
enforcement officials.	78258

(3) Not later than seven days before notifying the department	78259
of its election and after providing the department the written	78260
confirmation required by division (D)(2) of this section, the	78261
board conducts a public hearing on the issue ~~no later than seven~~	78262
~~days before making the notification~~.	78263

~~(C) Boards of alcohol, drug addiction, and mental health~~	78264
~~services and community mental health agencies~~(E) For the purpose	78265
of division (D)(1) of this section, the director of mental health	78266
shall consult with the boards and other relevant constituencies to	78267
develop guidelines for determining what constitutes a substantial	78268
reduction of funds and what other circumstances qualify a board to	78269
elect the option in division (C)(2) of this section.	78270

(F) No board shall ~~not~~ use state funds for the purpose of	78271
~~influencing employees with respect to unionization. As used in~~	78272
~~this division, "influencing" means~~ discouraging employees from	78273
seeking collective bargaining representation or encouraging	78274
employees to decertify a recognized collective bargaining agent.	78275

~~(D) The director shall develop, and review at least annually,~~	78276
~~a methodology, including the formula developed under division~~	78277
~~(B)(1) of this section, for distributing and allocating funds to~~	78278
~~boards. The methodology shall be consistent with state and federal~~	78279
~~law and regulations. A portion of the funds shall be distributed~~	78280
~~based on the ratio of the population of the district served by the~~	78281
~~board to the total population of the state as determined from the~~	78282
~~federal census or the most recent estimates produced by the United~~	78283
~~States census bureau's federal state cooperative program for~~	78284
~~population program-series P-26 or the population estimates and~~	78285
~~projections program-series P-25, whichever is most recent.~~	78286

~~(E)(1) There is hereby created in the state treasury the~~	78287
~~department of mental health risk fund, which shall receive~~	78288
~~payments from boards that have elected the option provided in~~	78289
~~division (B)(3)(a) of this section. All investment earnings of the~~	78290
~~fund shall be credited to the fund. Moneys in the fund shall be~~	78291
~~used for the following purposes:~~	78292

~~(a) To assist boards that elect the option provided in~~	78293
~~division (B)(3)(a) of this section and that serve service~~	78294
~~districts in which the costs of utilization of state hospitals by~~	78295
~~residents in a fiscal year exceed the amount allocated to the~~	78296
~~district under the formula developed under division (B)(1) of this~~	78297
~~section. The department shall define such costs by unit and~~	78298
~~establish them annually after consultation with representatives of~~	78299
~~such boards.~~	78300

~~(b) To make payments to boards that elect the option provided~~	78301
~~in division (B)(3)(a) of this section and that experience~~	78302
~~conditions of financial hardship, as determined by the director.~~	78303

~~The director of mental health, in consultation with~~	78304
~~representatives of the boards, shall develop guidelines for the~~	78305
~~use of moneys in the risk fund.~~	78306

~~(2) On or before the first day of April of each year, the~~	78307
~~department shall specify the percentage of the amount of money~~	78308
~~allocated under division (B)(1) of this section for distribution~~	78309
~~to boards subject to division (E) of this section that each such~~	78310
~~board is to transmit to the director of mental health for deposit~~	78311
~~in the risk fund for the following fiscal year. On or before the~~	78312
~~first day of August of each year, each such board shall transmit~~	78313
~~to the director for deposit to the credit of the risk fund the~~	78314
~~amount obtained by multiplying that percentage by the amount~~	78315
~~allocated for distribution to such boards.~~	78316

~~(3) Whenever the costs of utilization of state hospitals by~~	78317
~~residents in a district served by a board subject to division (E)~~	78318
~~of this section exceed the amount allocated to the district under~~	78319
~~the formula, responsibility for payment of the excess costs shall~~	78320
~~be borne by the board of that district and the risk fund as~~	78321
~~follows:~~	78322

~~(a) The board and the risk fund each are responsible for~~	78323
~~payment of one-half of any costs that exceed one hundred per cent~~	78324
~~of the amount allocated under the formula but do not exceed one~~	78325
~~hundred five per cent of that amount.~~	78326

~~(b) The board is responsible for payment of one-fourth, and~~	78327
~~the risk fund responsible for three-fourths, of any costs that~~	78328
~~exceed one hundred five per cent of the amount allocated under the~~	78329
~~formula but do not exceed one hundred ten per cent of that amount.~~	78330

~~(c) The risk fund is responsible for payment of any costs~~	78331
~~that exceed one hundred ten per cent of the amount allocated under~~	78332
~~the formula but do not exceed one hundred fifteen per cent of that~~	78333
~~amount.~~	78334

~~(d) The board is responsible for payment of all costs that~~	78335
~~exceed one hundred fifteen per cent of the amount allocated under~~	78336
~~the formula.~~	78337

~~(F)~~(G) The department shall charge against the allocation	78338
made to a board under division (B)~~(1)~~ of this section, if any, any	78339
unreimbursed costs for services provided by the department. ~~This~~	78340
~~requirement is not affected by any election a board makes under~~	78341
~~division (B)(3) of this section.~~	78342

(H) A board's use of funds allocated under this section is	78343
subject to audit by county, state, and federal authorities.	78344

Sec. 5119.621. (A) As used in this section, "administrative	78345
function" means a function related to one or more of the	78346
following:	78347

(1) Continuous quality improvement;

78348

(2) Utilization review;

78349

(3) Resource development;

78350

(4) Fiscal administration;

78351

(5) General administration;

78352

(6) Any other function related to administration that is	78353
required by Chapter 340. of the Revised Code.	78354

(B) Each board of alcohol, drug addiction, and mental health	78355
services shall submit an annual report to the department of mental	78356
health specifying how the board used ~~state and federal~~ funds	78357
allocated to the board~~, according to the formula the director of~~	78358
~~mental health establishes~~ under section 5119.62 of the Revised	78359
Code, for administrative functions in the year preceding the	78360
report's submission. The director of mental health shall establish	78361
the date by which the report must be submitted each year.	78362

Sec. 5119.622. The director of mental health, in whole or in	78363
part, may withhold funds otherwise to be allocated to a board of	78364
alcohol, drug addiction, and mental health services under section	78365
5119.62 of the Revised Code if the board fails to comply with	78366
Chapter 340. or section 5119.61, 5119.611, 5119.612, or 5119.621	78367
of the Revised Code or rules of the department of mental health	78368
regarding a community mental health service. The director shall	78369
identify the areas of noncompliance and the action necessary to	78370
achieve compliance. The director shall offer technical assistance	78371
to the board to achieve compliance. The director shall give the	78372
board a reasonable time within which to comply or to present its	78373
position that it is in compliance. Before withholding funds, a	78374
hearing shall be conducted to determine if there are continuing	78375
violations and that either assistance is rejected or the board is	78376
unable to achieve compliance. Subsequent to the hearing process,	78377
if it is determined that compliance has not been achieved, the	78378
director may allocate all or part of the withheld funds to a	78379
public or private agency to provide the community mental health	78380
service for which the board is not in compliance until the time	78381
that there is compliance. The director shall adopt rules in	78382
accordance with Chapter 119. of the Revised Code to implement this	78383
section.	78384

Sec. 5119.623. The director of mental health may withhold	78385
funds otherwise to be allocated to a board of alcohol, drug	78386
addiction, and mental health services under section 5119.62 of the	78387
Revised Code if the board denies available service on the basis of	78388
religion, race, color, creed, sex, national origin, age,	78389
disability as defined in section 4112.01 of the Revised Code, or	78390
developmental disability.	78391

~~Sec. 173.35.~~ Sec. 5119.69. (A) ~~As used in this section, "PASSPORT~~	78392
~~administrative agency" means an entity under contract with the~~	78393
~~department of aging to provide administrative services regarding~~	78394
~~the PASSPORT program created under section 173.40 of the Revised~~	78395
~~Code.~~	78396

~~(B)~~ The department of ~~aging~~mental health shall ~~administer~~	78397
implement the residential state supplement program under which the	78398
state supplements the supplemental security income payments	78399
received by aged, blind, or disabled adults under Title XVI of the	78400
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A., as	78401
amended. Residential state supplement payments shall be used for	78402
the provision of accommodations, supervision, and personal care	78403
services to supplemental security income recipients who the	78404
department determines are at risk of needing institutional care.	78405

(B) In implementing the program, the department shall	78406
designate one or more entities to be responsible for providing	78407
administrative services regarding the program. The department may	78408
designate an entity to be a residential state supplement	78409
administrative agency under this division either by entering into	78410
a contract with the entity to serve in that capacity or by	78411
otherwise delegating to the entity the responsibility to serve in	78412
that capacity.	78413

(C) For an individual to be eligible for residential state	78414
supplement payments, all of the following must be the case:	78415

(1) Except as provided by division (G) of this section, the	78416
individual must reside in one of the following:	78417

(a) An adult foster home certified under section ~~173.36~~	78418
5119.692 of the Revised Code;	78419

(b) A home or facility, other than a nursing home or nursing	78420
home unit of a home for the aging, licensed by the department of	78421
health under Chapter 3721. ~~or 3722.~~ of the Revised Code ~~and~~	78422
~~certified in accordance with standards established by the director~~	78423
~~of aging under division (D)(2) of this section~~or the department	78424
of mental health under sections 5119.70 to 5119.88 of the Revised	78425
Code;	78426

(c) A residential facility as defined in division	78427
(A)(1)(d)(ii) of section 5119.22 of the Revised Code licensed by	78428
the department of mental health ~~and certified in accordance with~~	78429
~~standards established by the director of aging under division~~	78430
~~(D)(2) of this section~~;	78431

(d) An apartment or room used to provide community mental	78432
health housing services certified by the department of mental	78433
health under section 5119.611 of the Revised Code and approved by	78434
a board of alcohol, drug addiction, and mental health services	78435
under division (A)(14) of section 340.03 of the Revised Code ~~and~~	78436
~~certified in accordance with standards established by the director~~	78437
~~of aging under division (D)(2) of this section~~.	78438

(2) ~~Effective July 1, 2000, a PASSPORT~~A residential state	78439
supplement administrative agency must have determined that the	78440
environment in which the individual will be living while receiving	78441
the payments is appropriate for the individual's needs. If the	78442
individual is eligible for supplemental security income payments	78443
or social security disability insurance benefits because of a	78444
mental disability, the ~~PASSPORT~~residential state supplement	78445
administrative agency shall refer the individual to a community	78446
mental health agency for the community mental health agency to	78447
issue in accordance with section 340.091 of the Revised Code a	78448
recommendation on whether the ~~PASSPORT~~residential state	78449
supplement administrative agency should determine that the	78450
environment in which the individual will be living while receiving	78451
the payments is appropriate for the individual's needs. ~~Division~~	78452
~~(C)(2) of this section does not apply to an individual receiving~~	78453
~~residential state supplement payments on June 30, 2000, until the~~	78454
~~individual's first eligibility redetermination after that date.~~	78455

(3) The individual satisfies all eligibility requirements	78456
established by rules adopted under division (D) of this section.	78457

(D)~~(1)~~ The directors of ~~aging~~mental health and job and	78458
family services shall adopt rules in accordance with section	78459
111.15 of the Revised Code as necessary to implement the	78460
residential state supplement program.	78461

To the extent permitted by Title XVI of the "Social Security	78462
Act," and any other provision of federal law, the director of job	78463
and family services ~~shall~~may adopt rules establishing standards	78464
for adjusting the eligibility requirements concerning the level of	78465
impairment a person must have so that the amount appropriated for	78466
the program by the general assembly is adequate for the number of	78467
eligible individuals. The rules shall not limit the eligibility of	78468
disabled persons solely on a basis classifying disabilities as	78469
physical or mental. The director of job and family services also	78470
~~shall~~may adopt rules that establish eligibility standards for	78471
aged, blind, or disabled individuals who reside in one of the	78472
homes or facilities specified in division (C)(1) of this section	78473
but who, because of their income, do not receive supplemental	78474
security income payments. The rules may provide that these	78475
individuals may include individuals who receive other types of	78476
benefits, including, social security disability insurance benefits	78477
provided under Title II of the "Social Security Act," 49 Stat. 620	78478
(1935), 42 U.S.C.A. 401, as amended. Notwithstanding division	78479
~~(B)~~(A) of this section, such payments may be made if funds are	78480
available for them.	78481

The director of ~~aging shall~~mental health may adopt rules	78482
establishing the method to be used to determine the amount an	78483
eligible individual will receive under the program. The amount the	78484
general assembly appropriates for the program ~~shall~~may be a	78485
factor included in the method that ~~department~~director	78486
establishes.	78487

~~(2) The director of aging shall adopt rules in accordance~~	78488
~~with Chapter 119. of the Revised Code establishing standards for~~	78489
~~certification of living facilities described in division (C)(1) of~~	78490
~~this section.~~	78491

~~The directors of aging and mental health shall enter into an~~	78492
~~agreement to certify facilities that apply for certification and~~	78493
~~meet the standards established by the director of aging under this~~	78494
~~division.~~	78495

(E) The county department of job and family services of the	78496
county in which an applicant for the residential state supplement	78497
program resides shall determine whether the applicant meets income	78498
and resource requirements for the program.	78499

(F) The department of ~~aging~~mental health shall maintain a	78500
waiting list of any individuals eligible for payments under this	78501
section but not receiving them because moneys appropriated to the	78502
department for the purposes of this section are insufficient to	78503
make payments to all eligible individuals. An individual may apply	78504
to be placed on the waiting list even though the individual does	78505
not reside in one of the homes or facilities specified in division	78506
(C)(1) of this section at the time of application. The director of	78507
~~aging~~mental health, by rules adopted in accordance with Chapter	78508
119. of the Revised Code, ~~shall~~may specify procedures and	78509
requirements for placing an individual on the waiting list and	78510
priorities for the order in which individuals placed on the	78511
waiting list are to begin to receive residential state supplement	78512
payments. The rules specifying priorities may give priority to	78513
individuals placed on the waiting list on or after July 1, 2006,	78514
who receive supplemental security income benefits under Title XVI	78515
of the "Social Security Act," 86 Stat. 1475 (1972), 42 U.S.C.	78516
1381, as amended. The rules shall not affect the place on the	78517
waiting list of any person who was on the list on July 1, 2006.	78518
The rules specifying priorities may also set additional priorities	78519
based on living arrangement, such as whether an individual resides	78520
in a facility listed in division (C)(1) of this section or has	78521
been admitted to a nursing facility.	78522

(G) An individual in a licensed or certified living	78523
arrangement receiving state supplementation on November 15, 1990,	78524
under former section 5101.531 of the Revised Code shall not become	78525
ineligible for payments under this section solely by reason of the	78526
individual's living arrangement as long as the individual remains	78527
in the living arrangement in which the individual resided on	78528
November 15, 1990.	78529

(H) The department of ~~aging~~mental health shall notify each	78530
person denied approval for payments under this section of the	78531
person's right to a hearing. On request, the hearing shall be	78532
provided ~~by the department of job and family services~~ in	78533
accordance with ~~section 5101.35~~Chapter 119. of the Revised Code.	78534

~~Sec. 173.351.~~ Sec. 5119.691. (A) As used in this section:

78535

~~"Area agency on aging" has the same meaning as in section~~	78536
~~173.14 of the Revised Code.~~	78537

"Long-term care consultation program" means the program the	78538
department of aging is required to develop under section 173.42 of	78539
the Revised Code.	78540

"Long-term care consultation program administrator" or	78541
"administrator" means the department of aging or, if the	78542
department contracts with an area agency on aging or other entity	78543
to administer the long-term care consultation program for a	78544
particular area, that agency or entity.	78545

"Nursing facility" has the same meaning as in section 5111.20	78546
of the Revised Code.	78547

"Residential state supplement administrative agency" means an	78548
entity designated as such by the department of mental health under	78549
section 5119.69 of the Revised Code.	78550

"Residential state supplement program" means the program	78551
administered pursuant to section ~~173.35~~5119.69 of the Revised	78552
Code.	78553

(B) ~~Each month, each area agency on aging~~On a periodic	78554
schedule determined by the department of mental health, each	78555
residential state supplement administrative agency shall determine	78556
whether individuals who reside in the area that the ~~area~~ agency on	78557
~~aging~~ serves and are on a waiting list for the residential state	78558
supplement program have been admitted to a nursing facility. If an	78559
~~area~~a residential state supplement administrative agency ~~on aging~~	78560
determines that such an individual has been admitted to a nursing	78561
facility, the agency shall notify the long-term care consultation	78562
program administrator serving the area in which the individual	78563
resides about the determination. The administrator shall determine	78564
whether the residential state supplement program is appropriate	78565
for the individual and whether the individual would rather	78566
participate in the program than continue residing in the nursing	78567
facility. If the administrator determines that the residential	78568
state supplement program is appropriate for the individual and the	78569
individual would rather participate in the program than continue	78570
residing in the nursing facility, the administrator shall so	78571
notify the department of ~~aging~~mental health. On receipt of the	78572
notice from the administrator, the department of ~~aging~~mental	78573
health shall approve the individual's enrollment in the	78574
residential state supplement program in accordance with the	78575
priorities specified in rules adopted under division (F) of	78576
section ~~173.35~~5119.69 of the Revised Code. Each quarter, the	78577
department of ~~aging~~mental health shall certify to the director of	78578
budget and management the estimated increase in costs of the	78579
residential state supplement program resulting from enrollment of	78580
individuals in the program pursuant to this section.	78581

~~(C) Not later than the last day of each calendar year, the~~	78582
~~director of aging shall submit to the general assembly a report~~	78583
~~regarding the number of individuals enrolled in the residential~~	78584
~~state supplement program pursuant to this section and the costs~~	78585
~~incurred and savings achieved as a result of the enrollments.~~	78586

~~Sec. 173.36.~~ Sec. 5119.692. As used in this section, "adult foster	78587
home" means a residence, other than a ~~residence certified or~~	78588
residential facility licensed ~~by the department of mental health~~	78589
under section 5119.22 of the Revised Code, in which accommodations	78590
and personal care services, as defined in section ~~3722.01~~5119.70	78591
of the Revised Code, are provided to one or two adults who are	78592
unrelated to the owners of the residence.	78593

The department of ~~aging~~mental health shall adopt rules in	78594
accordance with Chapter 119. of the Revised Code establishing	78595
standards for the certification of adult foster homes. The	78596
department or its designee shall certify adult foster homes that	78597
apply for certification and meet the standards established by the	78598
department.	78599

~~Sec. 3722.01.~~ Sec. 5119.70. (A) As used in ~~this chapter~~sections	78600
5119.70 to 5119.88:	78601

(1) "Owner" means the person who owns the business of and who	78602
ultimately controls the operation of an adult care facility and to	78603
whom the manager, if different from the owner, is responsible.	78604

(2) "Manager" means the person responsible for the daily	78605
operation of an adult care facility. The manager and the owner of	78606
a facility may be the same person.	78607

(3) "Adult" means an individual eighteen years of age or	78608
older.	78609

(4) "Unrelated" means that an adult resident is not related	78610
to the owner or manager of an adult care facility or to the	78611
owner's or manager's spouse as a parent, grandparent, child,	78612
stepchild, grandchild, brother, sister, niece, nephew, aunt, or	78613
uncle, or as the child of an aunt or uncle.	78614

(5) "Skilled nursing care" means skilled nursing care as	78615
defined in section 3721.01 of the Revised Code.	78616

(6)(a) "Personal care services" means services including, but	78617
not limited to, the following:	78618

(i) Assistance with activities of daily living;

78619

(ii) Assistance with self-administration of medication, in	78620
accordance with rules adopted ~~by the public health council~~	78621
~~pursuant to this chapter~~under section 5119.79 of the Revised	78622
Code;	78623

(iii) Preparation of special diets, other than complex	78624
therapeutic diets, for residents pursuant to the instructions of a	78625
physician or a licensed dietitian, in accordance with rules	78626
adopted ~~by the public health council pursuant to this chapter~~	78627
under section 5119.79 of the Revised Code.	78628

(b) "Personal care services" does not include "skilled	78629
nursing care" as defined in section 3721.01 of the Revised Code. A	78630
facility need not provide more than one of the services listed in	78631
division (A)(6)(a) of this section for the facility to be	78632
considered to be providing personal care services.	78633

(7) "Adult family home" means a residence or facility that	78634
provides accommodations and supervision to three to five unrelated	78635
adults, at least three of whom require personal care services.	78636

(8) "Adult group home" means a residence or facility that	78637
provides accommodations and supervision to six to sixteen	78638
unrelated adults, at least three of whom require personal care	78639
services.	78640

(9) "Adult care facility" means an adult family home or an	78641
adult group home. For the purposes of ~~this chapter~~sections	78642
5119.70 to 5119.88 of the Revised Code, any residence, facility,	78643
institution, hotel, congregate housing project, or similar	78644
facility that provides accommodations and supervision to three to	78645
sixteen unrelated adults, at least three of whom require personal	78646
care services, is an adult care facility regardless of how the	78647
facility holds itself out to the public. "Adult care facility"	78648
does not include:	78649

(a) A facility operated by a hospice care program licensed	78650
under section 3712.04 of the Revised Code that is used exclusively	78651
for care of hospice patients;	78652

(b) A nursing home, residential care facility, or home for	78653
the aging as defined in section 3721.01 of the Revised Code;	78654

(c) An alcohol and drug addiction program as defined in	78655
section 3793.01 of the Revised Code;	78656

(d) A residential facility for the mentally ill licensed by	78657
the department of mental health under section 5119.22 of the	78658
Revised Code;	78659

(e) A facility licensed to provide methadone treatment under	78660
section 3793.11 of the Revised Code;	78661

(f) A residential facility licensed under section 5123.19 of	78662
the Revised Code or otherwise regulated by the department of	78663
developmental disabilities;	78664

(g) Any residence, institution, hotel, congregate housing	78665
project, or similar facility that provides personal care services	78666
to fewer than three residents or that provides, for any number of	78667
residents, only housing, housekeeping, laundry, meal preparation,	78668
social or recreational activities, maintenance, security,	78669
transportation, and similar services that are not personal care	78670
services or skilled nursing care;	78671

(h) Any facility that receives funding for operating costs	78672
from the department of development under any program established	78673
to provide emergency shelter housing or transitional housing for	78674
the homeless;	78675

(i) A terminal care facility for the homeless that has	78676
entered into an agreement with a hospice care program under	78677
section 3712.07 of the Revised Code;	78678

(j) A facility approved by the veterans administration under	78679
section 104(a) of the "Veterans Health Care Amendments of 1983,"	78680
97 Stat. 993, 38 U.S.C.A. 630, as amended, and used exclusively	78681
for the placement and care of veterans.	78682

(10) ~~"Residents' rights advocate" means:~~

78683

~~(a) An employee or representative of any state or local~~	78684
~~government entity that has a responsibility for residents of adult~~	78685
~~care facilities and has registered with the department of health~~	78686
~~under section 3701.07 of the Revised Code;~~	78687

~~(b) An employee or representative, other than a manager or~~	78688
~~employee of an adult care facility or nursing home, of any private~~	78689
~~nonprofit corporation or association that qualifies for tax-exempt~~	78690
~~status under section 501(a) of the "Internal Revenue Code of~~	78691
~~1986," 100 Stat. 2085, 26 U.S.C.A. 501(a), as amended, that has~~	78692
~~registered with the department of health under section 3701.07 of~~	78693
~~the Revised Code, and whose purposes include educating and~~	78694
~~counseling residents, assisting residents in resolving problems~~	78695
~~and complaints concerning their care and treatment, and assisting~~	78696
~~them in securing adequate services.~~	78697

~~(11)~~ "Sponsor" means an adult relative, friend, or guardian	78698
of a resident of an adult care facility who has an interest in or	78699
responsibility for the resident's welfare.	78700

~~(12)~~(11) "Ombudsperson" means a "representative of the office	78701
of the state long-term care ombudsperson program" as defined in	78702
section 173.14 of the Revised Code.	78703

~~(13)~~(12) "Mental health agency" means a community mental	78704
health agency, as defined in section ~~5119.22~~340.01 of the Revised	78705
Code, under contract with an ADAMHS board pursuant to division	78706
(A)(8)(a) of section 340.03 of the Revised Code.	78707

~~(14)~~(13) "ADAMHS board" means a board of alcohol, drug	78708
addiction, and mental health services;	78709

~~(15)~~(14) "Mental health resident program participation	78710
agreement" means a written agreement between an adult care	78711
facility and the ADAMHS board serving the alcohol, drug addiction,	78712
and mental health service district in which the facility is	78713
located, under which the facility is authorized to admit residents	78714
who are receiving or are eligible for publicly funded mental	78715
health services.	78716

~~(16)~~(15) "~~PASSPORT~~RSS administrative agency" means an entity	78717
~~under contract with the department of aging to provide~~that	78718
provides administrative services regarding the ~~PASSPORT~~	78719
residential state supplement program ~~created under section 173.40~~	78720
~~of the Revised Code~~on behalf of the department of mental health,	78721
either by having entered into a contract with the department to	78722
serve in that capacity or by having the department otherwise	78723
delegate to it the responsibility to serve in that capacity.	78724

(B) For purposes of ~~this chapter~~sections 5119.70 to 5119.88	78725
of the Revised Code, personal care services or skilled nursing	78726
care shall be considered to be provided by a facility if they are	78727
provided by a person employed by or associated with the facility	78728
or by another person pursuant to an agreement to which neither the	78729
resident who receives the services nor the resident's sponsor is a	78730
party.	78731

(C) Nothing in division (A)(6) of this section shall be	78732
construed to permit personal care services to be imposed upon a	78733
resident who is capable of performing the activity in question	78734
without assistance.	78735

~~Sec. 3722.011.~~ Sec. 5119.701. (A) All medication taken by residents	78736
of an adult care facility shall be self-administered, except that	78737
medication may be administered to a resident as part of the	78738
skilled nursing care provided in accordance with division (B) of	78739
section ~~3722.16~~5119.86 of the Revised Code. No person shall be	78740
admitted to or retained by an adult care facility unless the	78741
person is capable of self-administering the person's medication,	78742
as determined in writing by a physician, except that a person may	78743
be admitted to or retained by such a facility if the person's	78744
medication is administered as part of the skilled nursing care	78745
provided in accordance with division (B) of section ~~3722.16~~	78746
5119.86 of the Revised Code.	78747

(B) Members of the staff of an adult care facility shall not	78748
administer medication to residents but may do any of the	78749
following:	78750

Remind a resident when to take medication and watch to ensure	78751
that the resident follows the directions on the container;	78752

Assist a resident in the self-administration of medication by	78753
taking the medication from the locked area where it is stored, in	78754
accordance with rules adopted ~~by the public health council~~	78755
~~pursuant to this chapter~~under section 5119.79 of the Revised	78756
Code, and handing it to the resident. If the resident is	78757
physically unable to open the container, a staff member may open	78758
the container for the resident.	78759

Assist a physically impaired but mentally alert resident,	78760
such as a resident with arthritis, cerebral palsy, or Parkinson's	78761
disease, in removing oral or topical medication from containers	78762
and in consuming or applying the medication, upon request by or	78763
with the consent of the resident. If a resident is physically	78764
unable to place a dose of medicine to the resident's mouth without	78765
spilling it, a staff member may place the dose in a container and	78766
place the container to the mouth of the resident.	78767

~~Sec. 3722.02.~~ Sec. 5119.71. A person seeking a license to operate	78768
an adult care facility shall submit to the director of mental	78769
health an application on a form prescribed by the director and the	78770
following:	78771

(A) In the case of an adult group home seeking licensure as	78772
an adult care facility, evidence that the home has been inspected	78773
and approved by a local certified building department or by the	78774
division of labor in the department of commerce as meeting the	78775
applicable requirements of sections 3781.06 to 3781.18 and 3791.04	78776
of the Revised Code and any rules adopted under those sections and	78777
evidence that the home has been inspected by the state fire	78778
marshal or fire prevention officer of a municipal, township, or	78779
other legally constituted fire department approved by the state	78780
fire marshal and found to be in compliance with rules adopted	78781
under section 3737.83 of the Revised Code regarding fire	78782
prevention and safety in adult group homes;	78783

(B) Valid approvals of the facility's water and sewage	78784
systems issued by the responsible governmental entity, if	78785
applicable;	78786

(C) A statement of ownership containing the following	78787
information:	78788

(1) If the owner is an individual, the owner's name, address,	78789
telephone number, business address, business telephone number, and	78790
occupation. If the owner is an association, corporation, or	78791
partnership, the business activity, address, and telephone number	78792
of the entity and the name of every person who has an ownership	78793
interest of five per cent or more in the entity.	78794

(2) If the owner does not own the building or if the owner	78795
owns only part of the building in which the facility is housed,	78796
the name of each person who has an ownership interest of five per	78797
cent or more in the building;	78798

(3) The address of any adult care facility and any facility	78799
described in divisions (A)(9)(a) to (j) of section ~~3722.01~~5119.70	78800
of the Revised Code in which the owner has an ownership interest	78801
of five per cent or more;	78802

(4) The identity of the manager of the adult care facility,	78803
if different from the owner;	78804

(5) The name and address of any adult care facility and any	78805
facility described in divisions (A)(9)(a) to (j) of section	78806
~~3722.01~~5119.70 of the Revised Code with which either the owner or	78807
manager has been affiliated through ownership or employment in the	78808
five years prior to the date of the application;	78809

(6) The names and addresses of three persons not employed by	78810
or associated in business with the owner who will provide	78811
information about the character, reputation, and competence of the	78812
owner and the manager and the financial responsibility of the	78813
owner;	78814

(7) Information about any arrest of the owner or manager for,	78815
or adjudication or conviction of, a criminal offense related to	78816
the provision of care in an adult care facility or any facility	78817
described in divisions (A)(9)(a) to (j) of section ~~3722.01~~5119.70	78818
of the Revised Code or the ability to operate a facility;	78819

(8) Any other information the director may require regarding	78820
the owner's ability to operate the facility.	78821

(D) If the facility is an adult group home, a balance sheet	78822
showing the assets and liabilities of the owner and a statement	78823
projecting revenues and expenses for the first twelve months of	78824
the facility's operation;	78825

(E) A statement containing the following information	78826
regarding admissions to the facility:	78827

(1) The intended bed capacity of the facility;

78828

(2) If the facility will admit persons referred by or	78829
receiving services from an ADAMHS board or a mental health agency,	78830
the total number of beds anticipated to be occupied as a result of	78831
those admissions.	78832

(F) A nonrefundable license application fee in an amount	78833
established in rules adopted ~~by the public health council pursuant~~	78834
~~to this chapter~~under section 5119.79 of the Revised Code.	78835

~~Sec. 3722.021.~~ Sec. 5119.711. In determining the number of	78836
residents in a facility for the purpose of licensure ~~under this~~	78837
~~chapter~~as an adult care facility, the director of mental health	78838
shall consider all the individuals for whom the facility provides	78839
accommodations as one group unless either of the following is the	78840
case:	78841

(A) In addition to being an adult care facility, the facility	78842
is a nursing home licensed under Chapter 3721. of the Revised	78843
Code, a residential facility licensed under that chapter, or both.	78844
In that case, all the individuals in the part or unit licensed as	78845
a nursing home, residential care facility, or both, shall be	78846
considered as one group and all the individuals in the part or	78847
unit licensed as an adult care facility shall be considered as	78848
another group.	78849

(B) The facility maintains, in addition to an adult care	78850
facility, a separate and discrete part or unit that provides	78851
accommodations to individuals who do not receive supervision or	78852
personal care services from the adult care facility, in which case	78853
the individuals in the separate and discrete part or unit shall	78854
not be considered in determining the number of residents in the	78855
adult care facility if the separate and discrete part or unit is	78856
in compliance with the Ohio basic building code established by the	78857
board of building standards under Chapters 3781. and 3791. of the	78858
Revised Code and the adult care facility, to the extent of its	78859
authority, permits the director, on request, to inspect the	78860
separate and discrete part or unit and speak with the individuals	78861
residing there, if they consent, to determine whether the separate	78862
and discrete part or unit meets the requirements of this division.	78863

~~Sec. 3722.022.~~ Sec. 5119.712. A person may not apply for a license	78864
to operate an adult care facility if the person is or has been the	78865
owner or manager of an adult care facility for which a license to	78866
operate was revoked or for which renewal of a license was refused	78867
for any reason other than nonpayment of the license renewal fee,	78868
unless both of the following conditions are met:	78869

(A) A period of not less than two years has elapsed since the	78870
date the director of mental health issued the order revoking or	78871
refusing to renew the facility's license.	78872

(B) The director's revocation or refusal to renew the license	78873
was not based on an act or omission at the facility that violated	78874
a resident's right to be free from abuse, neglect, or	78875
exploitation.	78876

~~Sec. 3722.03.~~ Sec. 5119.72. (A) Any person may operate an adult	78877
family home licensed as an adult care facility as a permitted use	78878
in any residential district or zone, including any single-family	78879
residential district or zone of any political subdivision. Such	78880
adult family homes may be required to comply with area, height,	78881
yard, and architectural compatibility requirements that are	78882
uniformly imposed upon all single-family residences within the	78883
district or zone.	78884

(B) Any person may operate an adult group home licensed as an	78885
adult care facility as a permitted use in any multiple-family	78886
residential district or zone of any political subdivision, except	78887
that a political subdivision that has enacted a zoning ordinance	78888
or resolution establishing planned-unit development districts as	78889
defined in section 519.021 of the Revised Code may exclude adult	78890
group homes from such districts, and a political subdivision that	78891
has enacted a zoning ordinance or resolution may regulate adult	78892
group homes in multiple-family residential districts or zones as a	78893
conditionally permitted use or special exception, in either case,	78894
under reasonable and specific standards and conditions set out in	78895
the zoning ordinance or resolution to:	78896

(1) Require the architectural design and site layout of the	78897
home and the location, nature, and height of any walls, screens,	78898
and fences to be compatible with adjoining land uses and the	78899
residential character of the neighborhood;	78900

(2) Require compliance with yard, parking, and sign	78901
regulation.	78902

(C) This section does not affect any right of a political	78903
subdivision to permit a person to operate an adult group home	78904
licensed under this chapter in a single-family residential	78905
district or zone under conditions established by the political	78906
subdivision.	78907

(D)(1) Notwithstanding divisions (A) and (B) of this section	78908
and except as otherwise provided in division (D)(2) of this	78909
section, a political subdivision that has enacted a zoning	78910
ordinance or resolution may limit the excessive concentration of	78911
adult family homes and adult group homes required to be licensed	78912
as adult care facilities.	78913

(2) Nothing in division (D)(1) of this section authorizes a	78914
political subdivision to prevent or limit the continued existence	78915
and operation of adult family homes and adult group homes existing	78916
and operating on the effective date of this section and required	78917
to be licensed as adult care facilities. A political subdivision	78918
may consider the existence of such homes for the purpose of	78919
limiting the excessive concentration of adult family homes or	78920
adult group homes required to be licensed as adult care facilities	78921
that are not existing and operating on the effective date of this	78922
section.	78923

~~Sec. 3722.04.~~ Sec. 5119.73. (A) The director of mental health	78924
shall inspect, license, and regulate adult care facilities. Except	78925
as otherwise provided in division (D) of this section, the	78926
director shall issue a license to an adult care facility that	78927
meets the requirements of section ~~3722.02~~5119.71 of the Revised	78928
Code and that the director determines to be in substantial	78929
compliance with the rules adopted ~~by the public health council~~	78930
pursuant to ~~this chapter~~sections 5119.70 to 5119.88 of the	78931
Revised Code. The director shall consider the past record of the	78932
owner and manager and any individuals who are principal	78933
participants in an entity that is the owner or manager in	78934
operating facilities providing care to adults. The director may,	78935
in accordance with Chapter 119. of the Revised Code, deny a	78936
license if the past record indicates that the owner or manager is	78937
not suitable to own or manage an adult care facility.	78938

The license shall contain the name and address of the	78939
facility for which it was issued, the date of expiration of the	78940
license, and the maximum number of residents that may be	78941
accommodated by the facility. A license for an adult care facility	78942
shall be valid for a period of two years after the date of	78943
issuance. No single facility may be licensed to operate as more	78944
than one adult care facility.	78945

(B) The director shall renew a license for a two-year period	78946
if the facility continues to be in compliance with the	78947
requirements of this chapter and in substantial compliance with	78948
the rules adopted ~~under this chapter~~pursuant to sections 5119.70	78949
to 5119.88 of the Revised Code. The owner shall submit a	78950
nonrefundable license renewal application fee in an amount	78951
established in rules adopted ~~by the public health council pursuant~~	78952
~~to this chapter~~under section 5119.79 of the Revised Code. Before	78953
the license of an adult group home is renewed, if any alterations	78954
have been made to the buildings, a certificate of occupancy for	78955
the facility shall have been issued by the division of labor in	78956
the department of commerce or a local certified building	78957
department. The facility shall have water and sewage system	78958
approvals, if required by law, and, in the case of an adult group	78959
home, documentation of continued compliance with the rules adopted	78960
by the state fire marshal under division (F) of section 3737.83 of	78961
the Revised Code.	78962

(C)(1) During each licensure period, the director shall make	78963
at least one unannounced inspection of an adult care facility in	78964
addition to inspecting the facility to determine whether a license	78965
should be issued or renewed, and may make additional unannounced	78966
inspections as the director considers necessary. Other inspections	78967
may be made at any time that the director considers appropriate.	78968
Inspections may be conducted as desk audits or on-site	78969
inspections.	78970

The director shall take all reasonable actions to avoid	78971
giving notice of an inspection by the manner in which the	78972
inspection is scheduled or performed.	78973

If an inspection is conducted to investigate an alleged	78974
violation of the requirements of ~~this chapter~~sections 5119.70 to	78975
5119.88 of the Revised Code in a facility with residents referred	78976
by or receiving services from a mental health agency or ADAMHS	78977
board or a facility with residents receiving assistance under the	78978
residential state supplement program administered by the	78979
department of ~~aging~~mental health pursuant to section ~~173.35~~	78980
5119.69 of the Revised Code, the director ~~shall~~may coordinate the	78981
inspection with the appropriate mental health agency, ADAMHS	78982
board, or ~~PASSPORT~~residential state supplement administrative	78983
agency designated under section 5119.69 of the Revised Code. As	78984
~~the director considers appropriate, the~~The director ~~shall~~may	78985
conduct the inspection jointly with the mental health agency,	78986
ADAMHS board, or ~~PASSPORT~~residential state supplement	78987
administrative agency.	78988

Not later than sixty days after the date of an inspection of	78989
a facility, the director shall send a report of the inspection to	78990
the regional long-term care ombudsperson ~~in whose region~~	78991
representing the program in the area in which the facility is	78992
located.	78993

(2) The state fire marshal or fire prevention officer of a	78994
municipal, township, or other legally constituted fire department	78995
approved by the state fire marshal shall inspect an adult group	78996
home seeking a license or renewal ~~under this chapter~~ as an adult	78997
care facility prior to issuance of a license or renewal, at least	78998
once annually thereafter, and at any other time at the request of	78999
the director, to determine compliance with the rules adopted under	79000
division (F) of section 3737.83 of the Revised Code.	79001

(D) The director may waive any of the licensing requirements	79002
established by rule ~~adopted by the public health council~~ pursuant	79003
to ~~this chapter~~sections 5119.70 to 5119.88 of the Revised Code	79004
upon written request of the facility. The director may grant a	79005
waiver if the director determines that the strict application of	79006
the licensing requirement would cause undue hardship to the	79007
facility and that granting the waiver would not jeopardize the	79008
health or safety of any resident. The director may provide a	79009
facility with an informal hearing concerning the denial of a	79010
waiver request, but the facility shall not be entitled to a	79011
hearing under Chapter 119. of the Revised Code unless the director	79012
takes an action that requires a hearing to be held under section	79013
~~3722.05~~5119.74 of the Revised Code.	79014

(E)(1) Not later than thirty days after each of the	79015
following, the owner of an adult care facility shall submit an	79016
inspection fee of twenty dollars for each bed for which the	79017
facility is licensed:	79018

(a) Issuance or renewal of a license;

79019

(b) The unannounced inspection required by division (C)(1) of	79020
this section that is in addition to the inspection conducted to	79021
determine whether a license should be issued or renewed;	79022

(c) If, during an inspection conducted in addition to the two	79023
inspections required by division (C)(1) of this section, the	79024
facility was found to be in violation of ~~this chapter~~sections	79025
5119.70 to 5119.88 of the Revised Code or the rules adopted under	79026
itthose sections, receipt by the facility of the report of that	79027
investigation.	79028

(2) The director may revoke the license of any adult care	79029
facility that fails to submit the fee within the thirty-day	79030
period.	79031

(3) All inspection fees received by the director, all civil	79032
penalties assessed under section ~~3722.08~~5119.77 of the Revised	79033
Code, all fines imposed under section ~~3722.99~~5119.99 of the	79034
Revised Code, and all license application and renewal application	79035
fees received under division (F) of section ~~3722.02~~5119.71 of the	79036
Revised Code or under division (B) of this section ~~shall be~~	79037
~~deposited into the general operations fund created in section~~	79038
~~3701.83 of the Revised Code and~~ shall be used only to pay the	79039
costs of administering and enforcing the requirements of ~~this~~	79040
~~chapter~~sections 5119.70 to 5119.88 of the Revised Code and rules	79041
adopted under itthose sections.	79042

(F)(1) An owner shall inform the director in writing of any	79043
changes in the information contained in the statement of ownership	79044
made pursuant to division (C) of section ~~3722.02~~5119.71 of the	79045
Revised Code or in the identity of the manager, not later than ten	79046
days after the change occurs.	79047

(2) An owner who sells or transfers an adult care facility	79048
shall be responsible and liable for the following:	79049

(a) Any civil penalties imposed against the facility under	79050
section ~~3722.08~~5119.77 of the Revised Code for violations that	79051
occur before the date of transfer of ownership or during any	79052
period in which the seller or the seller's agent operates the	79053
facility;	79054

(b) Any outstanding liability to the state, unless the buyer	79055
or transferee has agreed, as a condition of the sale or transfer,	79056
to accept the outstanding liabilities and to guarantee their	79057
payment, except that if the buyer or transferee fails to meet	79058
these obligations the seller or transferor shall remain	79059
responsible for the outstanding liability.	79060

(G) The director shall annually publish a list of licensed	79061
adult care facilities, facilities for which licenses have been	79062
revoked, facilities for which license renewal has been refused,	79063
any facilities under an order suspending admissions pursuant to	79064
section ~~3722.07~~5119.76 of the Revised Code, and any facilities	79065
that have been assessed a civil penalty pursuant to section	79066
~~3722.08~~5119.77 of the Revised Code. The director shall furnish	79067
information concerning the status of licensure of any facility to	79068
any person upon request. The director shall annually send a copy	79069
of the list to the department of job and family services~~, to the~~	79070
~~department of mental health,~~ and to the department of aging.	79071

~~Sec. 3722.041.~~ Sec. 5119.731. (A) Sections 3781.06 to 3781.18 and	79072
3791.04 of the Revised Code do not apply to an adult family home	79073
for which application is made to the director of mental health for	79074
licensure as an adult care facility ~~under this chapter~~. Adult	79075
family homes shall not be required to submit evidence to the	79076
director ~~of health~~ that the home has been inspected by a local	79077
certified building department or the division of labor in the	79078
department of commerce or by the state fire marshal or a fire	79079
prevention officer under section ~~3722.02~~5119.71 of the Revised	79080
Code, but shall be inspected by the director ~~of health~~ to	79081
determine compliance with this section. An inspection made under	79082
this section may be made at the same time as an inspection made	79083
under section ~~3722.04~~5119.73 of the Revised Code.	79084

(B) The director shall not license or renew the license of an	79085
adult family home unless it meets the fire protection standards	79086
established by rules adopted ~~by the public health council pursuant~~	79087
~~to this chapter~~under section 5119.79 of the Revised Code.	79088

~~Sec. 3722.05.~~ Sec. 5119.74. If an adult care facility fails to	79089
comply with any requirement of ~~this chapter~~sections 5119.70 to	79090
5119.88 of the Revised Code or with any rule adopted ~~pursuant to~~	79091
~~this chapter~~under those sections, the director of mental health	79092
may do any one or all of the following:	79093

(A) In accordance with Chapter 119. of the Revised Code,	79094
deny, revoke, or refuse to renew the license of the facility;	79095

(B) Give the facility an opportunity to correct the	79096
violation, in accordance with section ~~3722.06~~5119.75 of the	79097
Revised Code;	79098

(C) Issue an order suspending the admission of residents to	79099
the facility, in accordance with section ~~3722.07~~5119.76 of the	79100
Revised Code;	79101

(D) Impose a civil penalty in accordance with section ~~3722.08~~	79102
5119.77 of the Revised Code;	79103

(E) Petition the court of common pleas for injunctive relief	79104
in accordance with section ~~3722.09~~5119.78 of the Revised Code.	79105

~~Sec. 3722.06.~~ Sec. 5119.75. Except as otherwise provided in	79106
sections ~~3722.07~~5119.76 to ~~3722.09~~5119.78 of the Revised Code	79107
and except in cases of violations that jeopardize the health and	79108
safety of any of the residents, if the director of mental health	79109
determines that a licensed adult care facility is in violation of	79110
~~this chapter~~sections 5119.70 to 5119.88 of the Revised Code or of	79111
rules adopted ~~pursuant to this chapter~~under those sections, the	79112
director shall give the facility an opportunity to correct the	79113
violation. The director shall notify the facility of the violation	79114
and specify a reasonable time for making the corrections. Notice	79115
of the violation shall be in writing and shall include a citation	79116
to the statute or rule violated. The director shall state the	79117
action that the director will take if the corrections are not made	79118
within the specified period of time.	79119

The facility shall submit to the director a plan of	79120
correction stating the actions that will be taken to correct the	79121
violation. The director shall conduct an inspection to determine	79122
whether the facility has corrected the violation in accordance	79123
with the plan of correction.	79124

If the director determines that the facility has failed to	79125
correct the violation in accordance with the plan of correction,	79126
the director may impose a penalty under section ~~3722.08~~5119.77 of	79127
the Revised Code. If the director determines that the license of	79128
the facility should be revoked or should not be renewed because	79129
the facility has failed to correct the violation within the time	79130
specified or because the violation jeopardizes the health or	79131
safety of any of the residents, the director shall revoke or	79132
refuse to renew the license in accordance with Chapter 119. of the	79133
Revised Code.	79134

~~Sec. 3722.07.~~ Sec. 5119.76. (A) If the director of mental health	79135
determines that an adult care facility is in violation of ~~this~~	79136
~~chapter~~sections 5119.70 to 5119.88 of the Revised Code or of	79137
rules adopted ~~pursuant to it~~under those sections, the director	79138
may immediately issue an order suspending the admission of	79139
residents to the facility. This order shall be effective	79140
immediately without prior hearing, and no resident shall be	79141
admitted to the facility until termination of the order. The	79142
director shall send a copy of the order to each organization known	79143
by the director to have placed residents in the facility and upon	79144
termination of the order shall send written notice of the	79145
termination to each of these organizations. Upon inquiry by any	79146
person about the licensure status of the facility, the director	79147
shall disclose the existence of an order of suspension. If the	79148
director discloses the existence of such an order to any person	79149
pursuant to this division, hethe director shall also notify that	79150
person, and any other person upon inquiry, of any subsequent	79151
termination of the order of suspension. The facility shall post	79152
the notice provided for in division (B) of this section	79153
prominently and shall inform any person who inquires about	79154
residence or placement in the facility of the order.	79155

(B) The director shall give written notice of the order of	79156
suspension to the facility by certified mail, return receipt	79157
requested, or shall provide for delivery of the notice in person.	79158
If requested by the facility in a letter mailed or delivered not	79159
later than two working days after it has received the notice, the	79160
director shall hold a conference with representatives of the	79161
facility concerning the suspension. The conference shall be held	79162
not later than seven days after the director receives the request.	79163

The notice sent by the director shall contain all of the	79164
following:	79165

(1) A description of the violation;

79166

(2) A citation to the statute or rule violated;

79167

(3) A description of the corrections required for termination	79168
of the order of suspension;	79169

(4) Procedures for the facility to follow to request a	79170
conference on the order of suspension.	79171

(C) At the conference the director shall discuss with the	79172
representatives of the facility the violation cited in the notice	79173
provided for in division (B) of this section and shall advise the	79174
representatives in regard to correcting the violations. Not later	79175
than five days after the conference, the director shall issue	79176
another order either upholding or terminating the suspension. If	79177
the director issues an order upholding the suspension, the	79178
facility may request an adjudication hearing pursuant to Chapter	79179
119. of the Revised Code, but the notice and hearing under that	79180
chapter shall be provided after the order is issued, and the	79181
suspension shall remain in effect during the hearing process	79182
unless terminated by the director or until ninety days have	79183
elapsed after a timely request for an adjudication hearing is	79184
received by the director, whichever is sooner.	79185

~~Sec. 3722.08.~~ Sec. 5119.77. (A) If the director of mental health	79186
determines that an adult care facility is in violation of ~~this~~	79187
~~chapter~~sections 5119.70 to 5119.88 of the Revised Code or rules	79188
adopted under itthose sections, the director may impose a civil	79189
penalty on the owner of the facility, pursuant to rules adopted by	79190
~~the public health council~~ under ~~this chapter~~sections 5119.79 and	79191
5119.80 of the Revised Code. The director shall determine the	79192
classification and amount of the penalty by considering the	79193
following factors:	79194

(1) The gravity of the violation, the severity of the actual	79195
or potential harm, and the extent to which the provisions of this	79196
chapter or rules adopted under it were violated;	79197

(2) Actions taken by the owner or manager to correct the	79198
violation;	79199

(3) The number, if any, of previous violations by the adult	79200
care facility.	79201

(B) The director shall give written notice of the order	79202
imposing a civil penalty to the adult care facility by certified	79203
mail, return receipt requested, or shall provide for delivery of	79204
the notice in person. The notice shall specify the classification	79205
of the violation as determined by rules adopted ~~by the public~~	79206
~~health council pursuant to this chapter~~under section 5119.80 of	79207
the Revised Code, the amount of the penalty and the rate of	79208
interest, the action that is required to be taken to correct the	79209
violation, the time within which it is to be corrected as	79210
specified in division (C) of this section, and the procedures for	79211
the facility to follow to request a conference on the order	79212
imposing a civil penalty. If the facility requests a conference in	79213
a letter mailed or delivered not later than two working days after	79214
it has received the notice, the director shall hold a conference	79215
with representatives of the facility concerning the civil penalty.	79216
The conference shall be held not later than seven days after the	79217
director receives the request. The conference shall be conducted	79218
as prescribed in division (C) of section ~~3722.07~~5119.76 of the	79219
Revised Code. If the director issues an order upholding the civil	79220
penalty, the facility may request an adjudication hearing pursuant	79221
to Chapter 119. of the Revised Code, but the order of the director	79222
shall be in effect during proceedings instituted pursuant to that	79223
chapter until a final adjudication is made.	79224

(C) The director shall order that the condition or practice	79225
constituting a class I violation be abated or eliminated within	79226
twenty-four hours or any longer period that the director considers	79227
reasonable. The notice for a class II or a class III violation	79228
shall specify a time within which the violation is required to be	79229
corrected.	79230

(D) If the facility does not request a conference or if,	79231
after a conference, it fails to take action to correct a violation	79232
in the time prescribed by the director, the director shall issue	79233
an order upholding the penalty, plus interest at the rate	79234
specified in section 1343.03 of the Revised Code for each day	79235
beyond the date set for payment of the penalty. The director may	79236
waive the interest payment for the period prior to the conference	79237
if the director concludes that the conference was necessitated by	79238
a legitimate dispute.	79239

(E) The director may cancel or reduce the penalty for a class	79240
I violation if the facility corrects the violation within the time	79241
specified in the notice, except that the director shall impose the	79242
penalty even though the facility has corrected the violation if a	79243
resident suffers physical harm because of the violation or the	79244
facility has been cited previously for the same violation. The	79245
director may cancel the penalty for a class II or class III	79246
violation if the facility corrects the violation within the time	79247
specified in the notice and the facility has not been cited	79248
previously for the same violation. Each day of a violation of any	79249
class, after the date the director sets for abatement or	79250
elimination, constitutes a separate and additional violation.	79251

(F) If an adult care facility fails to pay a penalty imposed	79252
under this section, the director may commence a civil action to	79253
collect the penalty. The license of an adult care facility that	79254
has failed to pay a penalty imposed under this section shall not	79255
be renewed until the penalty has been paid.	79256

(G) If a penalty is imposed under this section, a fine shall	79257
not be imposed under section ~~3722.99~~5119.99 of the Revised Code	79258
for the same violation.	79259

~~Sec. 3722.09.~~ Sec. 5119.78. (A) If the director of mental health	79260
determines that the operation of an adult care facility	79261
jeopardizes the health or safety of any of the residents of the	79262
facility or if the director determines that an adult care facility	79263
is operating without a license, the director may petition the	79264
court of common pleas in the county in which the facility is	79265
located for appropriate injunctive relief against the facility. If	79266
injunctive relief is granted against a facility for operating	79267
without a license and the facility continues to operate without a	79268
license, the director shall refer the case to the attorney general	79269
for further action.	79270

(B) The court petitioned under division (A) of this section	79271
shall grant injunctive relief upon a showing that the operation of	79272
the facility jeopardizes the health or safety of any of the	79273
residents of the facility or that the facility is operating	79274
without a license. When the court grants injunctive relief in the	79275
case of a facility operating without a license, the court shall	79276
issue, at a minimum, an order enjoining the facility from	79277
admitting new residents to the facility and an order requiring the	79278
facility to assist ~~resident rights advocates~~ with the safe and	79279
orderly relocation of the facility's residents.	79280

~~Sec. 3722.10.~~ Sec. 5119.79. (A) The ~~public health council shall~~	79281
~~have the exclusive authority to adopt, and the council~~department	79282
of mental health shall adopt, rules governing the licensing and	79283
operation of adult care facilities. The rules shall be adopted in	79284
accordance with Chapter 119. of the Revised Code ~~and shall~~.	79285
Subject to any provision of sections 5119.70 to 5119.88 of the	79286
Revised Code for which rules are required to be adopted, the rules	79287
may specify ~~all~~any of the following:	79288

(1) Procedures for the issuance, renewal, and revocation of	79289
licenses, for the granting and denial of waivers, and for the	79290
issuance and termination of orders of suspension of admission	79291
pursuant to section ~~3722.07~~5119.76 of the Revised Code;	79292

(2) The qualifications required for owners, managers, and	79293
employees of adult care facilities, including character, training,	79294
education, experience, and financial resources and the number of	79295
staff members required in a facility;	79296

(3) Adequate space, equipment, safety, and sanitation	79297
standards for the premises of adult care facilities, and fire	79298
protection standards for adult family homes as required by section	79299
~~3722.041~~5119.731 of the Revised Code;	79300

(4) The personal, social, dietary, and recreational services	79301
to be provided to each resident of adult care facilities;	79302

(5) Rights of residents of adult care facilities, in addition	79303
to the rights enumerated under section ~~3722.12~~5119.81 of the	79304
Revised Code, and procedures to protect and enforce the rights of	79305
these residents;	79306

(6) Provisions for keeping records of residents and for	79307
maintaining the confidentiality of the records as required by	79308
division (B) of section ~~3722.12~~5119.81 of the Revised Code. The	79309
provisions for maintaining the confidentiality of records shall,	79310
at the minimum, meet the requirements for maintaining the	79311
confidentiality of records under Title XIX of the "Social Security	79312
Act," 49 Stat. 620, 42 U.S.C. 301, as amended, and regulations	79313
promulgated thereunder.	79314

(7) Measures to be taken by adult care facilities relative to	79315
residents' medication, including policies and procedures	79316
concerning medication, storage of medication in a locked area, and	79317
disposal of medication and assistance with self-administration of	79318
medication, if the facility provides assistance;	79319

(8) Requirements for initial and periodic health assessments	79320
of prospective and current adult care facility residents by	79321
physicians or other health professionals to ensure that they do	79322
not require a level of care beyond that which is provided by the	79323
adult care facility, including assessment of their capacity to	79324
self-administer the medications prescribed for them;	79325

(9) Requirements relating to preparation of special diets;

79326

(10) The amount of the fees for new and renewal license	79327
applications made pursuant to sections ~~3722.02~~5119.71 and ~~3722.04~~	79328
5119.73 of the Revised Code;	79329

(11) Measures to be taken by any employee of the state or any	79330
political subdivision of the state authorized by this chapter to	79331
enter an adult care facility to inspect the facility or for any	79332
other purpose, to ensure that the employee respects the privacy	79333
and dignity of residents of the facility, cooperates with	79334
residents of the facility and behaves in a congenial manner toward	79335
them, and protects the rights of residents;	79336

(12) How an owner or manager of an adult care facility is to	79337
comply with section ~~3722.18~~5119.88 of the Revised Code. ~~At a~~	79338
~~minimum, the~~The rules ~~shall~~may establish the procedures an owner	79339
or manager is to follow under division (A) of section ~~3722.18~~	79340
5119.88 of the Revised Code regarding referrals to the facility of	79341
prospective residents with mental illness or severe mental	79342
disability and effective arrangements for ongoing mental health	79343
services for such prospective residents. The procedures may	79344
provide for any of the following:	79345

(a) That the owner or manager and the ADAMHS board serving	79346
the alcohol, drug addiction, and mental health service district in	79347
which the facility is located sign a mental health resident	79348
program participation agreement, as developed by the director of	79349
mental health under section ~~5119.613~~5119.614 of the Revised Code;	79350

(b) That the owner or manager comply with the requirements of	79351
its mental health resident program participation agreement;	79352

(c) That the owner or manager and the mental health agencies	79353
and ADAMHS boards that refer such prospective residents to the	79354
facility develop and sign a mental health plan for ongoing mental	79355
health services for each such prospective resident;	79356

(d) Any other process established by the ~~public health~~	79357
~~council in consultation with the director of health and~~ director	79358
of mental health regarding referrals and effective arrangements	79359
for ongoing mental health services for prospective residents with	79360
mental illness.	79361

(13) Any other rules necessary for the administration and	79362
enforcement of ~~this chapter~~sections 5119.70 to 5119.88 of the	79363
Revised Code.	79364

(B) ~~After consulting with relevant constituencies, the~~	79365
~~director of mental health shall prepare and submit to the director~~	79366
~~of health recommendations for the content of rules to be adopted~~	79367
~~under division (A)(12) of this section.~~	79368

~~(C)~~ The director of mental health shall advise adult care	79369
facilities regarding compliance with the requirements of ~~this~~	79370
~~chapter~~sections 5119.70 to 5119.88 of the Revised Code and with	79371
the rules adopted pursuant to ~~this chapter~~those sections.	79372

~~(D)~~(C) Any duty or responsibility imposed upon the director	79373
of mental health by this chapter may be carried out by ~~an employee~~	79374
~~of the department of health~~persons designated by the director.	79375

~~(E)~~(D) Employees of the department of mental health may	79376
enter, for the purposes of investigation, any institution,	79377
residence, facility, or other structure which has been reported to	79378
the department as, or that the department has reasonable cause to	79379
believe is, operating as an adult care facility without a valid	79380
license.	79381

~~Sec. 3722.11.~~ Sec. 5119.80. The ~~public health council~~department	79382
of mental health shall~~, not later than twelve months after the~~	79383
~~effective date of this section,~~ adopt rules under Chapter 119. of	79384
the Revised Code that set guidelines for classifying violations of	79385
~~this chapter~~sections 5119.70 to 5119.88 of the Revised Code or	79386
rules adopted under itthose sections for the purpose of imposing	79387
civil penalties. The rules shall establish the following	79388
classifications:	79389

(A) Class I violations are conditions or occurrences that	79390
present an immediate and serious threat to the physical or	79391
emotional health, safety, or security of residents of an adult	79392
care facility. Whoever is determined to have committed a class I	79393
violation is subject to a civil penalty of not less than seven	79394
hundred dollars nor more than one thousand dollars for each	79395
violation.	79396

(B) Class II violations are conditions or occurrences, other	79397
than class I violations, that directly threaten the physical or	79398
emotional health, safety, or security of residents of an adult	79399
care facility. Whoever is determined to have committed a class II	79400
violation is subject to a civil penalty of not less than five	79401
hundred dollars nor more than seven hundred dollars for each	79402
violation.	79403

(C) Class III violations are conditions or occurrences, other	79404
than class I or class II violations, that indirectly or	79405
potentially threaten the physical or emotional health, safety, or	79406
security of residents of a facility. Whoever is determined to have	79407
committed a class III violation is subject to a civil penalty of	79408
not less than one hundred dollars nor more than five hundred	79409
dollars for each violation.	79410

~~Sec. 3722.12.~~ Sec. 5119.81. (A) As used in this section:

79411

(1) "Abuse" means the unreasonable confinement or	79412
intimidation of a resident, or the infliction of injury or cruel	79413
punishment upon a resident, resulting in physical harm, pain, or	79414
mental anguish.	79415

(2) "Exploitation" means the unlawful or improper utilization	79416
of an adult resident or ~~his~~the resident's resources for personal	79417
or monetary benefit, profit, or gain.	79418

(3) "Mechanical restraint" means any method of restricting a	79419
resident's freedom of movement, physical activity, or normal use	79420
of the resident's body, using an appliance or device manufactured	79421
for this purpose.	79422

(4) "Neglect" means failure to provide a resident with the	79423
goods or services necessary to prevent physical harm, mental	79424
anguish, or mental illness.	79425

~~(4)~~(5) "Physical restraint," ~~includes, but is not limited to,~~	79426
~~the locked door of a room or any article, device, or garment that~~	79427
~~interferes with the free movement of the resident and that he is~~	79428
~~unable to remove easily~~ also known as "manual restraint," means	79429
any method of physically restricting a resident's freedom of	79430
movement, physical activity, or normal use of the resident's body	79431
without the use of a mechanical restraint.	79432

(6) "Seclusion" means the involuntary confinement of a	79433
resident alone in a room in which the resident is physically	79434
prevented from leaving.	79435

(B) The rights of a resident of an adult care facility	79436
include all of the following:	79437

(1) The right to a safe, healthy, clean, and decent living	79438
environment;	79439

(2) The right to be treated at all times with courtesy and	79440
respect, and with full recognition of personal dignity and	79441
individuality;	79442

(3) The right to practice a religion of ~~his~~the resident's	79443
choice or to abstain from the practice of religion;	79444

(4) The right to manage personal financial affairs;

79445

(5) The right to retain and use personal clothing;

79446

(6) The right to ownership and reasonable use of personal	79447
property so as to maintain personal dignity and individuality;	79448

(7) The right to participate in activities within the	79449
facility and to use the common areas of the facility;	79450

(8) The right to engage in or refrain from engaging in	79451
activities of ~~his~~the resident's own choosing within reason;	79452

(9) The right to private and unrestricted communications,	79453
including:	79454

(a) The right to receive, send, and mail sealed, unopened	79455
correspondence;	79456

(b) The right to reasonable access to a telephone for private	79457
communications;	79458

79459

(10) The right to initiate and maintain contact with the	79460
community, including the right to participate in the activities of	79461
community groups at ~~his~~the resident's initiative or at the	79462
initiative of community groups;	79463

(11) The right to state grievances to the owner or the	79464
manager of the facility, to any governmental agency, or to any	79465
other person without reprisal;	79466

(12) Prior to becoming a resident, the right to visit the	79467
facility alone or with ~~his~~the prospective resident's sponsor;	79468

(13) The right to retain the services of any health or social	79469
services practitioner at ~~his~~the resident's own expense;	79470

(14) The right to refuse medical treatment or services, or if	79471
the resident has been adjudicated incompetent pursuant to Chapter	79472
2111. of the Revised Code and has not been restored to legal	79473
capacity, the right to have ~~his~~the resident's legal guardian make	79474
decisions about medical treatment and services for ~~him~~the	79475
resident;	79476

(15) The right to be free from abuse, neglect, or	79477
exploitation;	79478

(16) The right to be free from seclusion and mechanical and	79479
physical restraints;	79480

(17) The right not to be deprived of any legal rights solely	79481
by reason of residence in an adult care facility;	79482

(18) The right to examine records maintained by the adult	79483
care facility concerning ~~him~~the resident, upon request;	79484

(19) The right to confidential treatment of ~~his~~the	79485
resident's personal records, and the right to approve or refuse	79486
the release of these records to any individual outside the	79487
facility, except upon transfer to another adult care facility or a	79488
nursing home, residential care facility, home for the aging,	79489
hospital, or other health care facility or provider, and except as	79490
required by law or rule or as required by a third-party payment	79491
contract;	79492

(20) The right to be informed in writing of the rates charged	79493
by the facility as well as any additional charges, and to receive	79494
thirty days notice in writing of any change in the rates and	79495
charges;	79496

(21) The right to have any significant change in ~~his~~the	79497
resident's health reported to ~~his~~the resident's sponsor;	79498

(22) The right to share a room with a spouse if both are	79499
residents of the facility.	79500

(C) A sponsor, the director of mental health, or the director	79501
of aging~~, or a residents' rights advocate registered under section~~	79502
~~3701.07 of the Revised Code~~ may assert on behalf of a resident any	79503
of the rights enumerated under this section, section ~~3722.14~~	79504
5119.83 of the Revised Code, or rules adopted ~~by the public health~~	79505
~~council~~ pursuant to ~~this chapter~~sections 5119.70 to 5119.88 of	79506
the Revised Code. Any attempted waiver of these rights is void. No	79507
adult care facility or person associated with an adult care	79508
facility shall deny a resident any of these rights.	79509

(D) Any resident whose rights under this section or section	79510
~~3722.13~~5119.82 or ~~3722.14~~5119.83 of the Revised Code are	79511
violated has a cause of action against any person or facility	79512
committing the violation. ~~The action may be commenced by the~~	79513
~~resident or by his sponsor on his behalf.~~ The court may award	79514
actual and punitive damages for violation of the rights. The court	79515
may award to the prevailing party reasonable attorney's fees	79516
limited to the work reasonably performed.	79517

~~Sec. 3722.13.~~ Sec. 5119.82. (A) Each adult care facility shall	79518
establish a written residents' rights policy containing the text	79519
of sections ~~3722.12~~5119.81 and ~~3722.14~~5119.83 of the Revised	79520
Code and rules adopted by the ~~public health council~~ pursuant to	79521
~~this chapter~~sections 5119.70 to 5119.88 of the Revised Code, a	79522
discussion of the rights and responsibilities of residents under	79523
~~that section~~sections 5119.81 to 5119.83 of the Revised Code, and	79524
the text of any additional rule for residents promulgated by the	79525
facility. At the time of admission the manager shall give a copy	79526
of the residents' rights policy to the resident and the resident's	79527
sponsor, if any, and explain the contents of the policy to them.	79528
The facility shall establish procedures for facilitating the	79529
residents' exercise of their rights.	79530

(B) Each adult care facility shall post prominently within	79531
the facility a copy of the residents' rights listed in division	79532
(B) of section ~~3722.12~~5119.81 of the Revised Code and any	79533
additional residents' rights established by rules adopted ~~by the~~	79534
~~public health council~~ pursuant to ~~this chapter~~sections 5119.70 to	79535
5119.88 of the Revised Code, the addresses and telephone numbers	79536
of the state long-term care ombudsperson and the regional	79537
long-term care ombudsperson program for the area in which the	79538
facility is located, and the telephone number maintained by the	79539
department ~~of health~~ for accepting complaints.	79540

~~Sec. 3722.14.~~ Sec. 5119.83. (A)(1) Except as provided in division	79541
(A)(2) of this section, an adult care facility may transfer or	79542
discharge a resident, in the absence of a request from the	79543
resident, only for the following reasons:	79544

(a) Charges for the resident's accommodations and services	79545
have not been paid within thirty days after the date on which they	79546
became due;	79547

(b) The mental, emotional, or physical condition of the	79548
resident requires a level of care that the facility is unable to	79549
provide;	79550

(c) The health, safety, or welfare of the resident or of	79551
another resident requires a transfer or discharge;	79552

(d) The facility's license has been revoked or renewal has	79553
been denied ~~pursuant to this chapter~~by the director of mental	79554
health;	79555

(e) The owner closes the facility;

79556

(f) The resident is relocated as the result of a court's	79557
order issued under section ~~3722.09~~5119.78 of the Revised Code as	79558
part of the injunctive relief granted against a facility that is	79559
operating without a license;	79560

(g) The resident is receiving publicly funded mental health	79561
services and the facility's mental health resident program	79562
participation agreement is terminated by the facility or ADAMHS	79563
board.	79564

(2) An adult family home may transfer or discharge a resident	79565
if transfer or discharge is required for the health, safety, or	79566
welfare of an individual who resides in the home but is not a	79567
resident for whom supervision or personal services are provided.	79568

(B)(1) The facility shall give a resident thirty days'	79569
advance notice, in writing, of a proposed transfer or discharge,	79570
except that if the transfer or discharge is for a reason given in	79571
divisions (A)(1)(b) to (g) or (A)(2) of this section and an	79572
emergency exists, the notice need not be given thirty days in	79573
advance. The facility shall state in the written notice the	79574
reasons for the proposed transfer or discharge. If the resident is	79575
entitled to a hearing as specified in division (B)(2) of this	79576
section, the written notice shall outline the procedure for the	79577
resident to follow in requesting a hearing.	79578

(2) A resident may request a hearing if a proposed transfer	79579
or discharge is based on reason given in ~~division~~divisions	79580
(A)(1)(a) to (c) or (A)(2) of this section. If the resident seeks	79581
a hearing, the resident shall submit a request to the director of	79582
mental health not later than ten days after receiving the written	79583
notice. The director shall hold the hearing not later than ten	79584
days after receiving the request. A representative of the director	79585
shall preside over the hearing and shall issue a written	79586
recommendation of action to be taken by the director not later	79587
than three days after the hearing. The director shall issue an	79588
order regarding the transfer or discharge not later than two days	79589
after receipt of the recommendation. The order may prohibit or	79590
place conditions on the discharge or transfer. In the case of a	79591
transfer, the order may require that the transfer be to an	79592
institution or facility specified by the director. The hearing is	79593
not subject to section 121.22 of the Revised Code. The ~~public~~	79594
~~health council~~department of mental health shall adopt rules	79595
governing any additional procedures necessary for conducting the	79596
hearing.	79597

(C)(1) The owner of an adult care facility who is closing the	79598
facility shall inform the director ~~of health~~ in writing at least	79599
thirty days prior to the proposed date of closing. At the same	79600
time, the owner or manager shall inform each resident, the	79601
resident's guardian, the resident's sponsor, or any organization	79602
or agency acting on behalf of the resident, of the closing of the	79603
facility and the date of the closing.	79604

(2) Immediately upon receiving notice that a facility is to	79605
be closed, the director shall monitor the transfer of residents to	79606
other facilities and ensure that residents' rights are protected.	79607
The director shall notify the ombudsperson in the region in which	79608
the facility is located of the closing.	79609

(3) All charges shall be prorated as of the date on which the	79610
facility closes. If payments have been made in advance, the	79611
payments for services not rendered shall be refunded to the	79612
resident or the resident's guardian not later than seven days	79613
after the closing of the facility.	79614

(4) Immediately upon the closing of a facility, the owner	79615
shall surrender the license to the director, and the license shall	79616
be canceled.	79617

~~Sec. 3722.15.~~ Sec. 5119.84. (A) The following may enter an adult	79618
care facility at any time:	79619

(1) Employees designated by the director of mental health;

79620

(2) Employees designated by the director of aging;

79621

(3) Employees designated by the attorney general;

79622

(4) Employees designated by a county department of job and	79623
family services to implement sections 5101.60 to 5101.71 of the	79624
Revised Code;	79625

(5) Persons employed pursuant to division (M) of section	79626
173.01 of the Revised Code in the long-term care ombudsperson	79627
program;	79628

(6) ~~Employees of the department of mental health designated~~	79629
~~by the director of mental health;~~	79630

~~(7)~~ Employees of a mental health agency under any of the	79631
following circumstances:	79632

(a) When the agency has a client residing in the facility;

79633

(b) When the agency is acting as an agent of an ADAMHS board	79634
other than the board with which it is under contract;	79635

(c) When there is a mental health resident program	79636
participation agreement between the facility and the ADAMHS board	79637
with which the agency is under contract.	79638

~~(8)~~(7) Employees of an ADAMHS board under any of the	79639
following circumstances:	79640

(a) When authorized by section 340.05 of the Revised Code;

79641

(b) When a resident of the facility is receiving mental	79642
health services provided by that ADAMHS board or another ADAMHS	79643
board pursuant to division (A)(8)(b) of section 340.03 of the	79644
Revised Code;	79645

(c) When a resident of the facility is receiving services	79646
from a mental health agency under contract with that ADAMHS board	79647
or another ADAMHS board;	79648

(d) When there is a mental health resident program	79649
participation agreement between the facility and that ADAMHS	79650
board.	79651

The employees specified in divisions (A)(1) to ~~(8)~~(7) of this	79652
section shall be afforded access to all records of the facility,	79653
including records pertaining to residents, and may copy the	79654
records. Neither these employees nor the director of mental health	79655
shall release, without consent, any information obtained from the	79656
records of an adult care facility that reasonably would tend to	79657
identify a specific resident of the facility, except as ordered by	79658
a court of competent jurisdiction or when the release is otherwise	79659
authorized by law.	79660

(B) The following persons may enter any adult care facility	79661
during reasonable hours:	79662

(1) ~~A resident's sponsor;~~

79663

~~(2) Residents' rights advocates;~~

79664

~~(3)~~ A resident's attorney;

79665

~~(4)~~(2) A minister, priest, rabbi, or other person ministering	79666
to a resident's religious needs;	79667

~~(5)~~(3) A physician or other person providing health care	79668
services to a resident;	79669

~~(6)~~(4) Employees authorized by county departments of job and	79670
family services and local boards of health or health departments	79671
to enter adult care facilities;	79672

~~(7)~~(5) A prospective resident ~~and prospective resident's~~	79673
~~sponsor~~.	79674

(C) The manager of an adult care facility may require a	79675
person seeking to enter the facility to present identification	79676
sufficient to identify the person as an authorized person under	79677
this section.	79678

~~Sec. 3722.151.~~ Sec. 5119.85. (A) As used in this section:

79679

(1) ~~"Adult care facility" has the same meaning as in section~~	79680
~~3722.01 of the Revised Code.~~	79681

~~(2)~~ "Applicant" means a person who is under final	79682
consideration for employment with an adult care facility in a	79683
full-time, part-time, or temporary position that involves	79684
providing direct care to an older adult. "Applicant" does not	79685
include a person who provides direct care as a volunteer without	79686
receiving or expecting to receive any form of remuneration other	79687
than reimbursement for actual expenses.	79688

~~(3)~~(2) "Criminal records check" and "older adult" have the	79689
same meanings as in section 109.572 of the Revised Code.	79690

(B)(1) Except as provided in division (I) of this section,	79691
the chief administrator of an adult care facility shall request	79692
that the superintendent of the bureau of criminal identification	79693
and investigation conduct a criminal records check with respect to	79694
each applicant. If an applicant for whom a criminal records check	79695
request is required under this division does not present proof of	79696
having been a resident of this state for the five-year period	79697
immediately prior to the date the criminal records check is	79698
requested or provide evidence that within that five-year period	79699
the superintendent has requested information about the applicant	79700
from the federal bureau of investigation in a criminal records	79701
check, the chief administrator shall request that the	79702
superintendent obtain information from the federal bureau of	79703
investigation as part of the criminal records check of the	79704
applicant. Even if an applicant for whom a criminal records check	79705
request is required under this division presents proof of having	79706
been a resident of this state for the five-year period, the chief	79707
administrator may request that the superintendent include	79708
information from the federal bureau of investigation in the	79709
criminal records check.	79710

(2) A person required by division (B)(1) of this section to	79711
request a criminal records check shall do both of the following:	79712

(a) Provide to each applicant for whom a criminal records	79713
check request is required under that division a copy of the form	79714
prescribed pursuant to division (C)(1) of section 109.572 of the	79715
Revised Code and a standard fingerprint impression sheet	79716
prescribed pursuant to division (C)(2) of that section, and obtain	79717
the completed form and impression sheet from the applicant;	79718

(b) Forward the completed form and impression sheet to the	79719
superintendent of the bureau of criminal identification and	79720
investigation.	79721

(3) An applicant provided the form and fingerprint impression	79722
sheet under division (B)(2)(a) of this section who fails to	79723
complete the form or provide fingerprint impressions shall not be	79724
employed in any position for which a criminal records check is	79725
required by this section.	79726

(C)(1) Except as provided in rules adopted by the ~~public~~	79727
~~health council~~department of mental health in accordance with	79728
division (F) of this section and subject to division (C)(2) of	79729
this section, no adult care facility shall employ a person in a	79730
position that involves providing direct care to an older adult if	79731
the person has been convicted of or pleaded guilty to any of the	79732
following:	79733

(a) A violation of section 2903.01, 2903.02, 2903.03,	79734
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	79735
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	79736
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	79737
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	79738
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	79739
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	79740
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	79741
2925.22, 2925.23, or 3716.11 of the Revised Code.	79742

(b) A violation of an existing or former law of this state,	79743
any other state, or the United States that is substantially	79744
equivalent to any of the offenses listed in division (C)(1)(a) of	79745
this section.	79746

(2)(a) An adult care facility may employ conditionally an	79747
applicant for whom a criminal records check request is required	79748
under division (B) of this section prior to obtaining the results	79749
of a criminal records check regarding the individual, provided	79750
that the facility shall request a criminal records check regarding	79751
the individual in accordance with division (B)(1) of this section	79752
not later than five business days after the individual begins	79753
conditional employment. In the circumstances described in division	79754
(I)(2) of this section, an adult care facility may employ	79755
conditionally an applicant who has been referred to the adult care	79756
facility by an employment service that supplies full-time,	79757
part-time, or temporary staff for positions involving the direct	79758
care of older adults and for whom, pursuant to that division, a	79759
criminal records check is not required under division (B) of this	79760
section.	79761

(b) An adult care facility that employs an individual	79762
conditionally under authority of division (C)(2)(a) of this	79763
section shall terminate the individual's employment if the results	79764
of the criminal records check requested under division (B) of this	79765
section or described in division (I)(2) of this section, other	79766
than the results of any request for information from the federal	79767
bureau of investigation, are not obtained within the period ending	79768
thirty days after the date the request is made. Regardless of when	79769
the results of the criminal records check are obtained, if the	79770
results indicate that the individual has been convicted of or	79771
pleaded guilty to any of the offenses listed or described in	79772
division (C)(1) of this section, the facility shall terminate the	79773
individual's employment unless the facility chooses to employ the	79774
individual pursuant to division (F) of this section. Termination	79775
of employment under this division shall be considered just cause	79776
for discharge for purposes of division (D)(2) of section 4141.29	79777
of the Revised Code if the individual makes any attempt to deceive	79778
the facility about the individual's criminal record.	79779

(D)(1) Each adult care facility shall pay to the bureau of	79780
criminal identification and investigation the fee prescribed	79781
pursuant to division (C)(3) of section 109.572 of the Revised Code	79782
for each criminal records check conducted pursuant to a request	79783
made under division (B) of this section.	79784

(2) An adult care facility may charge an applicant a fee not	79785
exceeding the amount the facility pays under division (D)(1) of	79786
this section. A facility may collect a fee only if it notifies the	79787
person at the time of initial application for employment of the	79788
amount of the fee and that, unless the fee is paid, the person	79789
will not be considered for employment.	79790

(E) The report of any criminal records check conducted	79791
pursuant to a request made under this section is not a public	79792
record for the purposes of section 149.43 of the Revised Code and	79793
shall not be made available to any person other than the	79794
following:	79795

(1) The individual who is the subject of the criminal records	79796
check or the individual's representative;	79797

(2) The chief administrator of the facility requesting the	79798
criminal records check or the administrator's representative;	79799

(3) The administrator of any other facility, agency, or	79800
program that provides direct care to older adults that is owned or	79801
operated by the same entity that owns or operates the adult care	79802
facility;	79803

(4) A court, hearing officer, or other necessary individual	79804
involved in a case dealing with a denial of employment of the	79805
applicant or dealing with employment or unemployment benefits of	79806
the applicant;	79807

(5) Any person to whom the report is provided pursuant to,	79808
and in accordance with, division (I)(1) or (2) of this section.	79809

(F) The ~~public health council~~department shall adopt rules in	79810
accordance with Chapter 119. of the Revised Code to implement this	79811
section. The rules shall specify circumstances under which an	79812
adult care facility may employ a person who has been convicted of	79813
or pleaded guilty to an offense listed or described in division	79814
(C)(1) of this section but meets personal character standards set	79815
by the council.	79816

(G) The chief administrator of an adult care facility shall	79817
inform each individual, at the time of initial application for a	79818
position that involves providing direct care to an older adult,	79819
that the individual is required to provide a set of fingerprint	79820
impressions and that a criminal records check is required to be	79821
conducted if the individual comes under final consideration for	79822
employment.	79823

(H) In a tort or other civil action for damages that is	79824
brought as the result of an injury, death, or loss to person or	79825
property caused by an individual who an adult care facility	79826
employs in a position that involves providing direct care to older	79827
adults, all of the following shall apply:	79828

(1) If the facility employed the individual in good faith and	79829
reasonable reliance on the report of a criminal records check	79830
requested under this section, the facility shall not be found	79831
negligent solely because of its reliance on the report, even if	79832
the information in the report is determined later to have been	79833
incomplete or inaccurate;	79834

(2) If the facility employed the individual in good faith on	79835
a conditional basis pursuant to division (C)(2) of this section,	79836
the facility shall not be found negligent solely because it	79837
employed the individual prior to receiving the report of a	79838
criminal records check requested under this section;	79839

(3) If the facility in good faith employed the individual	79840
according to the personal character standards established in rules	79841
adopted under division (F) of this section, the facility shall not	79842
be found negligent solely because the individual prior to being	79843
employed had been convicted of or pleaded guilty to an offense	79844
listed or described in division (C)(1) of this section.	79845

(I)(1) The chief administrator of an adult care facility is	79846
not required to request that the superintendent of the bureau of	79847
criminal identification and investigation conduct a criminal	79848
records check of an applicant if the applicant has been referred	79849
to the facility by an employment service that supplies full-time,	79850
part-time, or temporary staff for positions involving the direct	79851
care of older adults and both of the following apply:	79852

(a) The chief administrator receives from the employment	79853
service or the applicant a report of the results of a criminal	79854
records check regarding the applicant that has been conducted by	79855
the superintendent within the one-year period immediately	79856
preceding the applicant's referral;	79857

(b) The report of the criminal records check demonstrates	79858
that the person has not been convicted of or pleaded guilty to an	79859
offense listed or described in division (C)(1) of this section, or	79860
the report demonstrates that the person has been convicted of or	79861
pleaded guilty to one or more of those offenses, but the adult	79862
care facility chooses to employ the individual pursuant to	79863
division (F) of this section.	79864

(2) The chief administrator of an adult care facility is not	79865
required to request that the superintendent of the bureau of	79866
criminal identification and investigation conduct a criminal	79867
records check of an applicant and may employ the applicant	79868
conditionally as described in this division, if the applicant has	79869
been referred to the facility by an employment service that	79870
supplies full-time, part-time, or temporary staff for positions	79871
involving the direct care of older adults and if the chief	79872
administrator receives from the employment service or the	79873
applicant a letter from the employment service that is on the	79874
letterhead of the employment service, dated, and signed by a	79875
supervisor or another designated official of the employment	79876
service and that states that the employment service has requested	79877
the superintendent to conduct a criminal records check regarding	79878
the applicant, that the requested criminal records check will	79879
include a determination of whether the applicant has been	79880
convicted of or pleaded guilty to any offense listed or described	79881
in division (C)(1) of this section, that, as of the date set forth	79882
on the letter, the employment service had not received the results	79883
of the criminal records check, and that, when the employment	79884
service receives the results of the criminal records check, it	79885
promptly will send a copy of the results to the adult care	79886
facility. If an adult care facility employs an applicant	79887
conditionally in accordance with this division, the employment	79888
service, upon its receipt of the results of the criminal records	79889
check, promptly shall send a copy of the results to the adult care	79890
facility, and division (C)(2)(b) of this section applies regarding	79891
the conditional employment.	79892

~~Sec. 3722.16.~~ Sec. 5119.86. (A) No person shall:

79893

(1) Operate an adult care facility unless the facility is	79894
validly licensed by the director of mental health under section	79895
~~3722.04~~5119.73 of the Revised Code;	79896

(2) Admit to an adult care facility more residents than the	79897
number authorized in the facility's license;	79898

(3) Admit a resident to an adult care facility after the	79899
director has issued an order pursuant to section ~~3722.07~~5119.76	79900
of the Revised Code suspending admissions to the facility.	79901
Violation of division (A)(3) of this section is cause for	79902
revocation of the facility's license.	79903

(4) Interfere with any authorized inspection of an adult care	79904
facility conducted pursuant to section ~~3722.02~~5119.71 or ~~3722.04~~	79905
5119.73 of the Revised Code;	79906

(5) Admit to an adult care facility a resident requiring	79907
publicly funded mental health services, unless both of the	79908
following conditions are met:	79909

(a) The ADAMHS board serving the alcohol, drug addiction, and	79910
mental health service district in which the facility is located is	79911
notified;	79912

(b) The facility and ADAMHS board have entered into a mental	79913
health resident program participation agreement by using the	79914
standardized form approved by the director of mental health under	79915
section ~~5119.613~~5119.614 of the Revised Code.	79916

(6) Violate any of the provisions of ~~this chapter~~sections	79917
5119.70 to 5119.88 of the Revised Code or any of the rules adopted	79918
pursuant to itthose sections.	79919

(B) No adult care facility shall provide, or admit or retain	79920
any resident in need of, skilled nursing care unless all of the	79921
following conditions are met:	79922

(1) The care will be provided on a part-time, intermittent	79923
basis for not more than a total of one hundred twenty days in any	79924
twelve-month period.	79925

(2) The care will be provided by one or more of the	79926
following:	79927

(a) A home health agency certified under Title XVIII of the	79928
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as	79929
amended;	79930

(b) A hospice care program licensed under Chapter 3712. of	79931
the Revised Code;	79932

(c) A nursing home licensed under Chapter 3721. of the	79933
Revised Code and owned and operated by the same person and located	79934
on the same site as the adult care facility;	79935

(d) A mental health agency or, pursuant to division (A)(8)(b)	79936
of section 340.03 of the Revised Code, an ADAMHS board.	79937

(3) Each individual employed by, under contract with, or	79938
otherwise used by any of the entities specified in division (B)(2)	79939
of this section to perform the skilled nursing care is authorized	79940
under the laws of this state to perform the care by being	79941
appropriately licensed, as specified in rules adopted under	79942
division (G) of this section.	79943

(4) The staff of the one or more entities providing the	79944
skilled nursing care does not train the adult care facility staff	79945
to provide the skilled nursing care;	79946

(5) The individual to whom the skilled nursing care is	79947
provided is suffering from a short-term illness;	79948

(6) If the skilled nursing care is to be provided by the	79949
nursing staff of a nursing home, all of the following are the	79950
case:	79951

(a) The adult care facility evaluates the individual	79952
receiving the skilled nursing care at least once every seven days	79953
to determine whether the individual should be transferred to a	79954
nursing home;	79955

(b) The adult care facility meets at all times staffing	79956
requirements established by rules adopted under section ~~3722.10~~	79957
5119.79 of the Revised Code;	79958

(c) The nursing home does not include the cost of providing	79959
skilled nursing care to the adult care facility residents in a	79960
cost report filed under section 5111.26 of the Revised Code;	79961

(d) The nursing home meets at all times the nursing home	79962
licensure staffing ratios established by rules adopted under	79963
section 3721.04 of the Revised Code;	79964

(e) The nursing home staff providing skilled nursing care to	79965
adult care facility residents are registered nurses or licensed	79966
practical nurses licensed under Chapter 4723. of the Revised Code	79967
and meet the personnel qualifications for nursing home staff	79968
established by rules adopted under section 3721.04 of the Revised	79969
Code;	79970

(f) The skilled nursing care is provided in accordance with	79971
rules established for nursing homes under section 3721.04 of the	79972
Revised Code;	79973

(g) The nursing home meets the skilled nursing care needs of	79974
the adult care facility residents;	79975

(h) Using the nursing home's nursing staff does not prevent	79976
the nursing home or adult care facility from meeting the needs of	79977
the nursing home and adult care facility residents in a quality	79978
and timely manner.	79979

(7) No adult care facility staff shall provide skilled	79980
nursing care.	79981

Notwithstanding section 3721.01 of the Revised Code, an adult	79982
care facility in which residents receive skilled nursing care as	79983
described in division (B) of this section is not a nursing home.	79984

(C) A home health agency or hospice care program that	79985
provides skilled nursing care pursuant to division (B) of this	79986
section may not be associated with the adult care facility unless	79987
the facility is part of a home for the aged as defined in section	79988
5701.13 of the Revised Code or the adult care facility is owned	79989
and operated by the same person and located on the same site as a	79990
nursing home licensed under Chapter 3721. of the Revised Code that	79991
is associated with the home health agency or hospice care program.	79992
In addition, the following requirements shall be met:	79993

(1) The adult care facility shall evaluate the individual	79994
receiving the skilled nursing care not less than once every seven	79995
days to determine whether the individual should be transferred to	79996
a nursing home;	79997

(2) If the costs of providing the skilled nursing care are	79998
included in a cost report filed pursuant to section 5111.26 of the	79999
Revised Code by the nursing home that is part of the same home for	80000
the aged, the home health agency or hospice care program shall not	80001
seek reimbursement for the care under the medical assistance	80002
program established under Chapter 5111. of the Revised Code.	80003

(D) No person knowingly shall place or recommend placement of	80004
any person in an adult care facility that is operating without a	80005
license.	80006

(E) No employee of a unit of local or state government,	80007
ADAMHS board, mental health agency, or ~~PASSPORT~~RSS administrative	80008
agency shall place or recommend placement of any person in an	80009
adult care facility if the employee knows any of the following:	80010

(1) That the facility cannot meet the needs of the potential	80011
resident;	80012

(2) That placement of the resident would cause the facility	80013
to exceed its licensed capacity;	80014

(3) That an enforcement action initiated by the director of	80015
mental health is pending and may result in the revocation of or	80016
refusal to renew the facility's license;	80017

(4) That the potential resident is receiving or is eligible	80018
for publicly funded mental health services and the facility has	80019
not entered into a mental health resident program participation	80020
agreement.	80021

(F) No person who has reason to believe that an adult care	80022
facility is operating without a license shall fail to report this	80023
information to the director of mental health.	80024

(G) In accordance with Chapter 119. of the Revised Code, the	80025
~~public health council~~department of mental health shall adopt	80026
rules for purposes of division (B) of this section that do all of	80027
the following:	80028

(1) Define a short-term illness for purposes of division	80029
(B)(5) of this section;	80030

(2) Specify, consistent with rules pertaining to home health	80031
care adopted by the director of job and family services under the	80032
medical assistance program established under Chapter 5111. of the	80033
Revised Code and Title XIX of the "Social Security Act," 49 Stat.	80034
620 (1935), 42 U.S.C. 301, as amended, what constitutes a	80035
part-time, intermittent basis for purposes of division (B)(1) of	80036
this section;	80037

(3) Specify what constitutes being appropriately licensed for	80038
purposes of division (B)(3) of this section.	80039

~~Sec. 3722.17.~~ Sec. 5119.87. (A) Any person who believes that an	80040
adult care facility is in violation of ~~this chapter~~sections	80041
5119.70 to 5119.88 of the Revised Code or of any of the rules	80042
~~promulgated~~adopted pursuant to itthose sections may report the	80043
information to the director of mental health. The director shall	80044
investigate each report made under this section or section ~~3722.16~~	80045
5119.86 of the Revised Code and shall inform the facility of the	80046
results of the investigation. When investigating a report made	80047
pursuant to section 340.05 of the Revised Code, the director shall	80048
consult with the ADAMHS board that made the report. The director	80049
shall keep a record of the investigation and the action taken as a	80050
result of the investigation.	80051

The director shall not reveal, without consent, the identity	80052
of a person who makes a report under this section or division (G)	80053
of section ~~3722.16~~5119.86 of the Revised Code, the identity of a	80054
specific resident or residents referred to in such a report, or	80055
any other information that could reasonably be expected to reveal	80056
the identity of the person making the report or the resident or	80057
residents referred to in the report, except that the director may	80058
provide this information to a government agency responsible for	80059
enforcing laws applying to adult care facilities.	80060

(B) Any person who believes that a resident's rights under	80061
sections ~~3722.12~~5119.81 to ~~3722.15~~5119.84 of the Revised Code	80062
have been violated may report the information to the state	80063
long-term care ombudsperson, the regional long-term care	80064
ombudsperson program for the area in which the facility is	80065
located, or the director of mental health. If the person believes	80066
that the resident has mental illness or severe mental disability	80067
and is suffering abuse or neglect, the person may report the	80068
information to the ADAMHS board serving the alcohol, drug	80069
addiction, and mental health service district in which the adult	80070
care facility is located or a mental health agency under contract	80071
with the board in addition to or instead of the ombudsperson,	80072
regional program, or director.	80073

(C) Any person who makes a report pursuant to division (A) or	80074
(B) of this section or division (G) of section ~~3722.16~~5119.86 of	80075
the Revised Code or any person who participates in an	80076
administrative or judicial proceeding resulting from such a report	80077
is immune from any civil liability or criminal liability, other	80078
than perjury, that might otherwise be incurred or imposed as a	80079
result of these actions, unless the person has acted in bad faith	80080
or with malicious purpose.	80081

~~Sec. 3722.18.~~ Sec. 5119.88. Before an adult care facility admits a	80082
prospective resident who the owner or manager of the facility	80083
knows has been assessed as having a mental illness or severe	80084
mental disability, the owner or manager is subject to both of the	80085
following:	80086

(A) If the prospective resident is referred to the facility	80087
by a mental health agency or ADAMHS board, the owner or manager	80088
shall follow procedures established in rules adopted under	80089
division (A)(12) of section ~~3722.10~~5119.79 of the Revised Code	80090
regarding referrals and effective arrangements for ongoing mental	80091
health services.	80092

(B) If the prospective resident is not referred to the	80093
facility by a mental health agency or ADAMHS board, the owner or	80094
manager shall offer to assist the prospective resident in	80095
obtaining appropriate mental health services and document the	80096
offer of assistance in accordance with rules adopted under	80097
division (A)(12) of section ~~3722.10~~5119.79 of the Revised Code.	80098

Sec. 5119.99. (A) Whoever violates section 5119.21 of the	80099
Revised Code is guilty of a misdemeanor of the first degree.	80100

(B) Whoever violates division (A)(1) of section 5119.86 of	80101
the Revised Code shall be fined two thousand dollars for a first	80102
offense; for each subsequent offense, such person shall be fined	80103
five thousand dollars.	80104

(C) Whoever violates division (C) of section 5119.81 or	80105
division (A)(2), (3), (4), (5), or (6), (B), (C), (D), (E), or (F)	80106
of section 5119.86 of the Revised Code shall be fined five hundred	80107
dollars for a first offense; for each subsequent offense, such	80108
person shall be fined one thousand dollars.	80109

Sec. 5120.092. There is hereby created in the state treasury	80110
the adult and juvenile correctional facilities bond retirement	80111
fund. The fund shall receive proceeds derived from the sale of	80112
state adult or juvenile correctional facilities. Investment income	80113
with respect to moneys on deposit in the fund shall be retained by	80114
the fund. No investment or moneys in, or transfer of moneys from,	80115
the fund shall be made if the effect of the investment or transfer	80116
would be to adversely affect the exclusion from gross income of	80117
the interest payable on state bonds issued for state adult or	80118
juvenile correctional facilities that have been sold under	80119
authority of Section 753.10 or 753.30 of the act in which this	80120
section was enacted. To the extent necessary to maintain the	80121
exclusion from gross income of the interest payable on those	80122
bonds, moneys in the fund shall first be used to redeem or defease	80123
the outstanding portion of such bonds. To accomplish the	80124
redemption or defeasance, the director of budget and management,	80125
at the request of the Ohio building authority, may direct that	80126
moneys in the fund be transferred to the appropriate trustees	80127
under the applicable bond trust agreements. Upon receipt of both	80128
(i) one or more opinions of a nationally recognized bond counsel	80129
firm appointed by the Ohio building authority stating that the	80130
aforementioned bonds have been redeemed or defeased and that the	80131
transfer of such moneys will not adversely affect the exclusion	80132
from gross income of the interest payable on such bonds, and (ii)	80133
a certification by both the director of administrative services	80134
and the director of rehabilitation and correction stating either	80135
that all sales of state adult and juvenile correctional facilities	80136
contemplated by Section 753.10 or 753.30 of the act in which this	80137
section was enacted have been completed or that no further sales	80138
of any such facilities will be undertaken, the director of budget	80139
and management may direct that any moneys remaining in the fund	80140
after the redemption or defeasance of the aforementioned bonds	80141
shall be transferred to the general revenue fund. Upon completion	80142
of that transfer, the adult and juvenile correctional facilities	80143
bond retirement fund shall be abolished.	80144

Sec. 5120.135. (A) As used in this section, "laboratory	80145
services" includes the performance of medical laboratory analysis;	80146
professional laboratory and pathologist consultation; the	80147
procurement, storage, and distribution of laboratory supplies; and	80148
the performance of phlebotomy services.	80149

(B) The department of rehabilitation and correction ~~shall~~may	80150
provide laboratory services to the departments of mental health,	80151
developmental disabilities, youth services, and rehabilitation and	80152
correction. The department of rehabilitation and correction may	80153
also provide laboratory services to other state, county, or	80154
municipal agencies and to private persons that request laboratory	80155
services if the department of rehabilitation and correction	80156
determines that the provision of laboratory services is in the	80157
public interest and considers it advisable to provide such	80158
services. The department of rehabilitation and correction may also	80159
provide laboratory services to agencies operated by the United	80160
States government and to public and private entities funded in	80161
whole or in part by the state if the director of rehabilitation	80162
and correction designates them as eligible to receive such	80163
services.	80164

The department of rehabilitation and correction shall provide	80165
laboratory services from a laboratory that complies with the	80166
standards for certification set by the United States department of	80167
health and human services under the "Clinical Laboratory	80168
Improvement Amendments of 1988," 102 Stat. 293, 42 U.S.C.A. 263a.	80169
In addition, the laboratory shall maintain accreditation or	80170
certification with an appropriate accrediting or certifying	80171
organization as considered necessary by the recipients of its	80172
laboratory services and as authorized by the director of	80173
rehabilitation and correction.	80174

(C) The cost of administering this section shall be	80175
determined by the department of rehabilitation and correction and	80176
shall be paid by entities that receive laboratory services to the	80177
department for deposit in the state treasury to the credit of the	80178
laboratory services fund, which is hereby created. The fund shall	80179
be used to pay the costs the department incurs in administering	80180
this section.	80181

(D) ~~If the department of rehabilitation and correction does~~	80182
~~not provide laboratory services under this section in a~~	80183
~~satisfactory manner to the department of developmental~~	80184
~~disabilities, youth services, or mental health, the director of~~	80185
~~developmental disabilities, youth services, or mental health shall~~	80186
~~attempt to resolve the matter of the unsatisfactory provision of~~	80187
~~services with the director of rehabilitation and correction. If,~~	80188
~~after this attempt, the provision of laboratory services continues~~	80189
~~to be unsatisfactory, the director of developmental disabilities,~~	80190
~~youth services, or mental health shall notify the director of~~	80191
~~rehabilitation and correction regarding the continued~~	80192
~~unsatisfactory provision of laboratory services. If, within thirty~~	80193
~~days after the director receives this notice, the department of~~	80194
~~rehabilitation and correction does not provide the specified~~	80195
~~laboratory services in a satisfactory manner, the director of~~	80196
~~developmental disabilities, youth services, or mental health shall~~	80197
~~notify the director of rehabilitation and correction of the~~	80198
~~notifying director's intent to cease obtaining laboratory services~~	80199
~~from the department of rehabilitation and correction. Following~~	80200
~~the end of a cancellation period of sixty days that begins on the~~	80201
~~date of the notice, the department that sent the notice may obtain~~	80202
~~laboratory services from a provider other than the department of~~	80203
~~rehabilitation and correction, if the department that sent the~~	80204
~~notice certifies to the department of administrative services that~~	80205
~~the requirements of this division have been met.~~	80206

~~(E)~~ Whenever a state agency fails to make a payment for	80207
laboratory services provided to it by the department of	80208
rehabilitation and correction under this section within thirty-one	80209
days after the date the payment was due, the office of budget and	80210
management may transfer moneys from that state agency to the	80211
department of rehabilitation and correction for deposit to the	80212
credit of the laboratory services fund. The amount transferred	80213
shall not exceed the amount of the overdue payments. Prior to	80214
making a transfer under this division, the office shall apply any	80215
credits the state agency has accumulated in payment for laboratory	80216
services provided under this section.	80217

Sec. 5120.17. (A) As used in this section:

80218

(1) "Mental illness" means a substantial disorder of thought,	80219
mood, perception, orientation, or memory that grossly impairs	80220
judgment, behavior, capacity to recognize reality, or ability to	80221
meet the ordinary demands of life.	80222

(2) "Mentally ill person subject to hospitalization" means a	80223
mentally ill person to whom any of the following applies because	80224
of the person's mental illness:	80225

(a) The person represents a substantial risk of physical harm	80226
to the person as manifested by evidence of threats of, or attempts	80227
at, suicide or serious self-inflicted bodily harm.	80228

(b) The person represents a substantial risk of physical harm	80229
to others as manifested by evidence of recent homicidal or other	80230
violent behavior, evidence of recent threats that place another in	80231
reasonable fear of violent behavior and serious physical harm, or	80232
other evidence of present dangerousness.	80233

(c) The person represents a substantial and immediate risk of	80234
serious physical impairment or injury to the person as manifested	80235
by evidence that the person is unable to provide for and is not	80236
providing for the person's basic physical needs because of the	80237
person's mental illness and that appropriate provision for those	80238
needs cannot be made immediately available in the correctional	80239
institution in which the inmate is currently housed.	80240

(d) The person would benefit from treatment in a hospital for	80241
the person's mental illness and is in need of treatment in a	80242
hospital as manifested by evidence of behavior that creates a	80243
grave and imminent risk to substantial rights of others or the	80244
person.	80245

(3) "Psychiatric hospital" means all or part of a facility	80246
that is operated and managed by the department of ~~rehabilitation~~	80247
~~and correction, is designated as a psychiatric hospital~~mental	80248
health to provide psychiatric hospitalization services in	80249
accordance with the requirements of this section pursuant to an	80250
agreement between the directors of rehabilitation and correction	80251
and mental health or, is licensed by the department of mental	80252
health pursuant to section 5119.20 of the Revised Code,as a	80253
psychiatric hospital and is ~~in substantial compliance with the~~	80254
~~standards set by the joint commission on accreditation of~~	80255
~~healthcare organizations~~accredited by a healthcare accrediting	80256
organization approved by the department of mental health and the	80257
psychiatric hospital is any of the following:	80258

(a) Operated and managed by the department of rehabilitation	80259
and correction within a facility that is operated by the	80260
department of rehabilitation and correction;	80261

(b) Operated and managed by a contractor for the department	80262
of rehabilitation and correction within a facility that is	80263
operated by the department of rehabilitation and correction;	80264

(c) Operated and managed in the community by an entity that	80265
has contracted with the department of rehabilitation and	80266
correction to provide psychiatric hospitalization services in	80267
accordance with the requirements of this section.	80268

(4) "Inmate patient" means an inmate who is admitted to a	80269
psychiatric hospital.	80270

(5) "Admitted" to a psychiatric hospital means being accepted	80271
for and staying at least one night at the psychiatric hospital.	80272

(6) "Treatment plan" means a written statement of reasonable	80273
objectives and goals for an inmate patient that is based on the	80274
needs of the inmate patient and that is established by the	80275
treatment team, with the active participation of the inmate	80276
patient and with documentation of that participation. "Treatment	80277
plan" includes all of the following:	80278

(a) The specific criteria to be used in evaluating progress	80279
toward achieving the objectives and goals;	80280

(b) The services to be provided to the inmate patient during	80281
the inmate patient's hospitalization;	80282

(c) The services to be provided to the inmate patient after	80283
discharge from the hospital, including, but not limited to,	80284
housing and mental health services provided at the state	80285
correctional institution to which the inmate patient returns after	80286
discharge or community mental health services.	80287

(7) "Mentally retarded person subject to institutionalization	80288
by court order" has the same meaning as in section 5123.01 of the	80289
Revised Code.	80290

(8) "Emergency transfer" means the transfer of a mentally ill	80291
inmate to a psychiatric hospital when the inmate presents an	80292
immediate danger to self or others and requires hospital-level	80293
care.	80294

(9) "Uncontested transfer" means the transfer of a mentally	80295
ill inmate to a psychiatric hospital when the inmate has the	80296
mental capacity to, and has waived, the hearing required by	80297
division (B) of this section.	80298

(10)(a) "Independent decision-maker" means a person who is	80299
employed or retained by the department of rehabilitation and	80300
correction and is appointed by the chief or chief clinical officer	80301
of mental health services as a hospitalization hearing officer to	80302
conduct due process hearings.	80303

(b) An independent decision-maker who presides over any	80304
hearing or issues any order pursuant to this section shall be a	80305
psychiatrist, psychologist, or attorney, shall not be specifically	80306
associated with the institution in which the inmate who is the	80307
subject of the hearing or order resides at the time of the hearing	80308
or order, and previously shall not have had any treatment	80309
relationship with nor have represented in any legal proceeding the	80310
inmate who is the subject of the order.	80311

(B)(1) Except as provided in division (C) of this section, if	80312
the warden of a state correctional institution or the warden's	80313
designee believes that an inmate should be transferred from the	80314
institution to a psychiatric hospital, the department shall hold a	80315
hearing to determine whether the inmate is a mentally ill person	80316
subject to hospitalization. The department shall conduct the	80317
hearing at the state correctional institution in which the inmate	80318
is confined, and the department shall provide qualified	80319
independent assistance to the inmate for the hearing. An	80320
independent decision-maker provided by the department shall	80321
preside at the hearing and determine whether the inmate is a	80322
mentally ill person subject to hospitalization.	80323

(2) Except as provided in division (C) of this section, prior	80324
to the hearing held pursuant to division (B)(1) of this section,	80325
the warden or the warden's designee shall give written notice to	80326
the inmate that the department is considering transferring the	80327
inmate to a psychiatric hospital, that it will hold a hearing on	80328
the proposed transfer at which the inmate may be present, that at	80329
the hearing the inmate has the rights described in division (B)(3)	80330
of this section, and that the department will provide qualified	80331
independent assistance to the inmate with respect to the hearing.	80332
The department shall not hold the hearing until the inmate has	80333
received written notice of the proposed transfer and has had	80334
sufficient time to consult with the person appointed by the	80335
department to provide assistance to the inmate and to prepare for	80336
a presentation at the hearing.	80337

(3) At the hearing held pursuant to division (B)(1) of this	80338
section, the department shall disclose to the inmate the evidence	80339
that it relies upon for the transfer and shall give the inmate an	80340
opportunity to be heard. Unless the independent decision-maker	80341
finds good cause for not permitting it, the inmate may present	80342
documentary evidence and the testimony of witnesses at the hearing	80343
and may confront and cross-examine witnesses called by the	80344
department.	80345

(4) If the independent decision-maker does not find clear and	80346
convincing evidence that the inmate is a mentally ill person	80347
subject to hospitalization, the department shall not transfer the	80348
inmate to a psychiatric hospital but shall continue to confine the	80349
inmate in the same state correctional institution or in another	80350
state correctional institution that the department considers	80351
appropriate. If the independent decision-maker finds clear and	80352
convincing evidence that the inmate is a mentally ill person	80353
subject to hospitalization, the decision-maker shall order that	80354
the inmate be transported to a psychiatric hospital for	80355
observation and treatment for a period of not longer than thirty	80356
days. After the hearing, the independent decision-maker shall	80357
submit to the department a written decision that states one of the	80358
findings described in division (B)(4) of this section, the	80359
evidence that the decision-maker relied on in reaching that	80360
conclusion, and, if the decision is that the inmate should be	80361
transferred, the reasons for the transfer.	80362

(C)(1) The department may transfer an inmate to a psychiatric	80363
hospital under an emergency transfer order if the chief clinical	80364
officer of mental health services of the department or that	80365
officer's designee and either a psychiatrist employed or retained	80366
by the department or, in the absence of a psychiatrist, a	80367
psychologist employed or retained by the department determines	80368
that the inmate is mentally ill, presents an immediate danger to	80369
self or others, and requires hospital-level care.	80370

(2) The department may transfer an inmate to a psychiatric	80371
hospital under an uncontested transfer order if both of the	80372
following apply:	80373

(a) A psychiatrist employed or retained by the department	80374
determines all of the following apply:	80375

(i) The inmate has a mental illness or is a mentally ill	80376
person subject to hospitalization.	80377

(ii) The inmate requires hospital care to address the mental	80378
illness.	80379

(iii) The inmate has the mental capacity to make a reasoned	80380
choice regarding the inmate's transfer to a hospital.	80381

(b) The inmate agrees to a transfer to a hospital.

80382

(3) The written notice and the hearing required under	80383
divisions (B)(1) and (2) of this section are not required for an	80384
emergency transfer or uncontested transfer under division (C)(1)	80385
or (2) of this section.	80386

(4) After an emergency transfer under division (C)(1) of this	80387
section, the department shall hold a hearing for continued	80388
hospitalization within five working days after admission of the	80389
transferred inmate to the psychiatric hospital. The department	80390
shall hold subsequent hearings pursuant to division (F) of this	80391
section at the same intervals as required for inmate patients who	80392
are transported to a psychiatric hospital under division (B)(4) of	80393
this section.	80394

(5) After an uncontested transfer under division (C)(2) of	80395
this section, the inmate may withdraw consent to the transfer in	80396
writing at any time. Upon the inmate's withdrawal of consent, the	80397
hospital shall discharge the inmate, or, within five working days,	80398
the department shall hold a hearing for continued hospitalization.	80399
The department shall hold subsequent hearings pursuant to division	80400
(F) of this section at the same time intervals as required for	80401
inmate patients who are transported to a psychiatric hospital	80402
under division (B)(4) of this section.	80403

(D)(1) If an independent decision-maker, pursuant to division	80404
(B)(4) of this section, orders an inmate transported to a	80405
psychiatric hospital or if an inmate is transferred pursuant to	80406
division (C)(1) or (2) of this section, the staff of the	80407
psychiatric hospital shall examine the inmate patient when	80408
admitted to the psychiatric hospital as soon as practicable after	80409
the inmate patient arrives at the hospital and no later than	80410
twenty-four hours after the time of arrival. The attending	80411
physician responsible for the inmate patient's care shall give the	80412
inmate patient all information necessary to enable the patient to	80413
give a fully informed, intelligent, and knowing consent to the	80414
treatment the inmate patient will receive in the hospital. The	80415
attending physician shall tell the inmate patient the expected	80416
physical and medical consequences of any proposed treatment and	80417
shall give the inmate patient the opportunity to consult with	80418
another psychiatrist at the hospital and with the inmate advisor.	80419

(2) No inmate patient who is transported or transferred	80420
pursuant to division (B)(4) or (C)(1) or (2) of this section to a	80421
psychiatric hospital ~~pursuant to division (B)(4) or (C)(1) or (2)~~	80422
~~of this section and who is in the physical custody of~~within a	80423
facility that is operated by the department of rehabilitation and	80424
correction shall be subjected to any of the following procedures:	80425

(a) Convulsive therapy;

80426

(b) Major aversive interventions;

80427

80428

(d) Psychosurgery.

80429

(E) The ~~warden of the psychiatric hospital or the warden's~~	80430
~~designee~~department of rehabilitation and correction shall ensure	80431
that an inmate patient hospitalized pursuant to this section	80432
receives or has all of the following:	80433

(1) Receives sufficient professional care within twenty days	80434
of admission to ensure that an evaluation of the inmate patient's	80435
current status, differential diagnosis, probable prognosis, and	80436
description of the current treatment plan have been formulated and	80437
are stated on the inmate patient's official chart;	80438

(2) Has a written treatment plan consistent with the	80439
evaluation, diagnosis, prognosis, and goals of treatment;	80440

(3) Receives treatment consistent with the treatment plan;

80441

(4) Receives periodic reevaluations of the treatment plan by	80442
the professional staff at intervals not to exceed thirty days;	80443

(5) Is provided with adequate medical treatment for physical	80444
disease or injury;	80445

(6) Receives humane care and treatment, including, without	80446
being limited to, the following:	80447

(a) Access to the facilities and personnel required by the	80448
treatment plan;	80449

(b) A humane psychological and physical environment;

80450

(c) The right to obtain current information concerning the	80451
treatment program, the expected outcomes of treatment, and the	80452
expectations for the inmate patient's participation in the	80453
treatment program in terms that the inmate patient reasonably can	80454
understand;	80455

(d) Opportunity for participation in programs designed to	80456
help the inmate patient acquire the skills needed to work toward	80457
discharge from the psychiatric hospital;	80458

(e) The right to be free from unnecessary or excessive	80459
medication and from unnecessary restraints or isolation;	80460

(f) All other rights afforded inmates in the custody of the	80461
department consistent with rules, policy, and procedure of the	80462
department.	80463

(F) The department shall hold a hearing for the continued	80464
hospitalization of an inmate patient who is transported or	80465
transferred to a psychiatric hospital pursuant to division (B)(4)	80466
or (C)(1) of this section prior to the expiration of the initial	80467
thirty-day period of hospitalization. The department shall hold	80468
any subsequent hearings, if necessary, not later than ninety days	80469
after the first thirty-day hearing and then not later than each	80470
one hundred and eighty days after the immediately prior hearing.	80471
An independent decision-maker shall conduct the hearings at the	80472
psychiatric hospital in which the inmate patient is confined. The	80473
inmate patient shall be afforded all of the rights set forth in	80474
this section for the hearing prior to transfer to the psychiatric	80475
hospital. The department may not waive a hearing for continued	80476
commitment. A hearing for continued commitment is mandatory for an	80477
inmate patient transported or transferred to a psychiatric	80478
hospital pursuant to division (B)(4) or (C)(1) of this section	80479
unless the inmate patient has the capacity to make a reasoned	80480
choice to execute a waiver and waives the hearing in writing. An	80481
inmate patient who is transferred to a psychiatric hospital	80482
pursuant to an uncontested transfer under division (C)(2) of this	80483
section and who has scheduled hearings after withdrawal of consent	80484
for hospitalization may waive any of the scheduled hearings if the	80485
inmate has the capacity to make a reasoned choice and executes a	80486
written waiver of the hearing.	80487

If upon completion of the hearing the independent	80488
decision-maker does not find by clear and convincing evidence that	80489
the inmate patient is a mentally ill person subject to	80490
hospitalization, the independent decision-maker shall order the	80491
inmate patient's discharge from the psychiatric hospital. If the	80492
independent decision-maker finds by clear and convincing evidence	80493
that the inmate patient is a mentally ill person subject to	80494
hospitalization, the independent decision-maker shall order that	80495
the inmate patient remain at the psychiatric hospital for	80496
continued hospitalization until the next required hearing.	80497

If at any time prior to the next required hearing for	80498
continued hospitalization, the medical director of the hospital or	80499
the attending physician determines that the treatment needs of the	80500
inmate patient could be met equally well in an available and	80501
appropriate less restrictive state correctional institution or	80502
unit, the medical director or attending physician may discharge	80503
the inmate to that facility.	80504

(G) An inmate patient is entitled to the credits toward the	80505
reduction of the inmate patient's stated prison term pursuant to	80506
Chapters 2967. and 5120. of the Revised Code under the same terms	80507
and conditions as if the inmate patient were in any other	80508
institution of the department of rehabilitation and correction.	80509

(H) The adult parole authority may place an inmate patient on	80510
parole or under post-release control directly from a psychiatric	80511
hospital.	80512

(I) If an inmate patient who is a mentally ill person subject	80513
to hospitalization is to be released from a psychiatric hospital	80514
because of the expiration of the inmate patient's stated prison	80515
term, the ~~warden of the psychiatric hospital~~director of	80516
rehabilitation and correction or the director's designee, at least	80517
fourteen days before the expiration date, may file an affidavit	80518
under section 5122.11 or 5123.71 of the Revised Code with the	80519
probate court in the county where the psychiatric hospital is	80520
located or the probate court in the county where the inmate will	80521
reside, alleging that the inmate patient is a mentally ill person	80522
subject to hospitalization by court order or a mentally retarded	80523
person subject to institutionalization by court order, whichever	80524
is applicable. The proceedings in the probate court shall be	80525
conducted pursuant to Chapter 5122. or 5123. of the Revised Code	80526
except as modified by this division.	80527

Upon the request of the inmate patient, the probate court	80528
shall grant the inmate patient an initial hearing under section	80529
5122.141 of the Revised Code or a probable cause hearing under	80530
section 5123.75 of the Revised Code before the expiration of the	80531
stated prison term. After holding a full hearing, the probate	80532
court shall make a disposition authorized by section 5122.15 or	80533
5123.76 of the Revised Code before the date of the expiration of	80534
the stated prison term. No inmate patient shall be held in the	80535
custody of the department of rehabilitation and correction past	80536
the date of the expiration of the inmate patient's stated prison	80537
term.	80538

(J) The department of rehabilitation and correction shall set	80539
standards for treatment provided to inmate patients~~, consistent~~	80540
~~where applicable with the standards set by the joint commission on~~	80541
~~accreditation of healthcare organizations~~.	80542

(K) A certificate, application, record, or report that is	80543
made in compliance with this section and that directly or	80544
indirectly identifies an inmate or former inmate whose	80545
hospitalization has been sought under this section is	80546
confidential. No person shall disclose the contents of any	80547
certificate, application, record, or report of that nature or any	80548
other psychiatric or medical record or report regarding a mentally	80549
ill inmate unless one of the following applies:	80550

(1) The person identified, or the person's legal guardian, if	80551
any, consents to disclosure, and the chief clinical officer or	80552
designee of mental health services of the department of	80553
rehabilitation and correction determines that disclosure is in the	80554
best interests of the person.	80555

(2) Disclosure is required by a court order signed by a	80556
judge.	80557

(3) An inmate patient seeks access to the inmate patient's	80558
own psychiatric and medical records, unless access is specifically	80559
restricted in the treatment plan for clear treatment reasons.	80560

(4) Hospitals and other institutions and facilities within	80561
the department of rehabilitation and correction may exchange	80562
psychiatric records and other pertinent information with other	80563
hospitals, institutions, and facilities of the department, but the	80564
information that may be released about an inmate patient is	80565
limited to medication history, physical health status and history,	80566
summary of course of treatment in the hospital, summary of	80567
treatment needs, and a discharge summary, if any.	80568

(5) An inmate patient's family member who is involved in	80569
planning, providing, and monitoring services to the inmate patient	80570
may receive medication information, a summary of the inmate	80571
patient's diagnosis and prognosis, and a list of the services and	80572
personnel available to assist the inmate patient and family if the	80573
attending physician determines that disclosure would be in the	80574
best interest of the inmate patient. No disclosure shall be made	80575
under this division unless the inmate patient is notified of the	80576
possible disclosure, receives the information to be disclosed, and	80577
does not object to the disclosure.	80578

(6) The department of rehabilitation and correction may	80579
exchange psychiatric hospitalization records, other mental health	80580
treatment records, and other pertinent information with county	80581
sheriffs' offices, hospitals, institutions, and facilities of the	80582
department of mental health and with community mental health	80583
agencies and boards of alcohol, drug addiction, and mental health	80584
services with which the department of mental health has a current	80585
agreement for patient care or services to ensure continuity of	80586
care. Disclosure under this division is limited to records	80587
regarding a mentally ill inmate's medication history, physical	80588
health status and history, summary of course of treatment, summary	80589
of treatment needs, and a discharge summary, if any. No office,	80590
department, agency, or board shall disclose the records and other	80591
information unless one of the following applies:	80592

(a) The mentally ill inmate is notified of the possible	80593
disclosure and consents to the disclosure.	80594

(b) The mentally ill inmate is notified of the possible	80595
disclosure, an attempt to gain the consent of the inmate is made,	80596
and the office, department, agency, or board documents the attempt	80597
to gain consent, the inmate's objections, if any, and the reasons	80598
for disclosure in spite of the inmate's objections.	80599

(7) Information may be disclosed to staff members designated	80600
by the director of rehabilitation and correction for the purpose	80601
of evaluating the quality, effectiveness, and efficiency of	80602
services and determining if the services meet minimum standards.	80603

The name of an inmate patient shall not be retained with the	80604
information obtained during the evaluations.	80605

(L) The director of rehabilitation and correction may adopt	80606
rules setting forth guidelines for the procedures required under	80607
divisions (B), (C)(1), and (C)(2) of this section.	80608

Sec. 5120.28. (A) The department of rehabilitation and	80609
correction, subject to the approval of the office of budget and	80610
management, shall fix the prices at which all labor and services	80611
performed, all agricultural products produced, and all articles	80612
manufactured in correctional and penal institutions shall be	80613
furnished to the state, the political subdivisions of the state,	80614
and the public institutions of the state and the political	80615
subdivisions, and to private persons. The prices shall be uniform	80616
to all and not higher than the usual market price for like labor,	80617
products, services, and articles.	80618

(B) Any money received by the department of rehabilitation	80619
and correction for labor and services performed ~~and~~, agricultural	80620
products produced, and articles manufactured in penal and	80621
correctional institutions shall be deposited into the	80622
institutional services ~~and agricultural~~ fund created pursuant to	80623
division (A) of section 5120.29 of the Revised Code and shall be	80624
used and accounted for as provided in that section and division	80625
(B) of section 5145.03 of the Revised Code.	80626

~~(C) Any money received by the department of rehabilitation~~	80627
~~and correction for articles manufactured in penal and correctional~~	80628
~~institutions shall be deposited into the Ohio penal industries~~	80629
~~manufacturing fund created pursuant to division (B) of section~~	80630
~~5120.29 of the Revised Code and shall be used and accounted for as~~	80631
~~provided in that section and division (B) of section 5145.03 of~~	80632
~~the Revised Code.~~	80633

Sec. 5120.29. (A) There is hereby created, in the state	80634
treasury, the institutional services ~~and agricultural~~ fund, which	80635
shall be used for the:	80636

(1) Purchase of material, supplies, and equipment and the	80637
erection and extension of buildings used in ~~service industries and~~	80638
~~agriculture~~services provided between institutions of the	80639
department of rehabilitation and correction;	80640

(2) ~~Purchase of lands and buildings necessary to carry on or~~	80641
~~extend the service industries and agriculture, upon the approval~~	80642
~~of the governor;~~	80643

~~(3)~~ Payment of compensation to employees necessary to carry	80644
on ~~the service industries and agriculture~~institutional services;	80645

~~(4)~~(3) Payment of prisoners confined in state correctional	80646
institutions a portion of their earnings in accordance with rules	80647
adopted pursuant to section 5145.03 of the Revised Code.	80648

(B) There is hereby created, in the state treasury, the Ohio	80649
penal industries manufacturing fund, which shall be used for the:	80650

(1) Purchase of material, supplies, and equipment and the	80651
erection and extension of buildings used in manufacturing	80652
industries and agriculture;	80653

(2) Purchase of lands and buildings necessary to carry on or	80654
extend the manufacturing industries and agriculture upon the	80655
approval of the governor;	80656

(3) Payment of compensation to employees necessary to carry	80657
on the manufacturing industries and agriculture;	80658

(4) Payment of prisoners confined in state correctional	80659
institutions a portion of their earnings in accordance with rules	80660
adopted pursuant to section 5145.03 of the Revised Code.	80661

(C) The department of rehabilitation and correction shall, in	80662
accordance with rules adopted pursuant to section 5145.03 of the	80663
Revised Code and subject to any pledge made as provided in	80664
division (D) of this section, place to the credit of each prisoner	80665
~~his~~the prisoner's earnings and pay the earnings so credited to	80666
the prisoner or ~~his~~the prisoner's family.	80667

(D) Receipts credited to the funds created in divisions (A)	80668
and (B) of this section constitute available receipts as defined	80669
in section 152.09 of the Revised Code, and may be pledged to the	80670
payment of bond service charges on obligations issued by the Ohio	80671
building authority pursuant to Chapter 152. of the Revised Code to	80672
construct, reconstruct, or otherwise improve capital facilities	80673
useful to the department. The authority may, with the consent of	80674
the department, provide in the bond proceedings for a pledge of	80675
all or such portion of receipts credited to the funds as the	80676
authority determines. The authority may provide in the bond	80677
proceedings for the transfer of receipts credited to the funds to	80678
the appropriate bond service fund or bond service reserve fund as	80679
required to pay the bond service charges when due, and any such	80680
provision for the transfer of receipts shall be controlling	80681
notwithstanding any other provision of law pertaining to such	80682
receipts.	80683

All receipts received by the treasurer of state on account of	80684
the department and required by the applicable bond proceedings to	80685
be deposited, transferred, or credited to the bond service fund or	80686
bond service reserve fund established by such bond proceedings	80687
shall be transferred by the treasurer of state to such fund,	80688
whether or not such fund is in the custody of the treasurer of	80689
state, without necessity for further appropriation, upon receipt	80690
of notice from the Ohio building authority as prescribed in the	80691
bond proceedings. The authority may covenant in the bond	80692
proceedings that so long as any obligations are outstanding to	80693
which receipts credited to the fund are pledged, the state and the	80694
department shall neither reduce the prices charged pursuant to	80695
section 5120.28 of the Revised Code nor the level of manpower	80696
collectively devoted to the production of goods and services for	80697
which prices are set pursuant to section 5120.28 of the Revised	80698
Code, which covenant shall be controlling notwithstanding any	80699
other provision of law; provided, that no covenant shall require	80700
the general assembly to appropriate money derived from the levying	80701
of excises or taxes to purchase such goods and services or to pay	80702
rent or bond service charges.	80703

Sec. 5122.01. As used in this chapter and Chapter 5119. of	80704
the Revised Code:	80705

(A) "Mental illness" means a substantial disorder of thought,	80706
mood, perception, orientation, or memory that grossly impairs	80707
judgment, behavior, capacity to recognize reality, or ability to	80708
meet the ordinary demands of life.	80709

(B) "Mentally ill person subject to hospitalization by court	80710
order" means a mentally ill person who, because of the person's	80711
illness:	80712

(1) Represents a substantial risk of physical harm to self as	80713
manifested by evidence of threats of, or attempts at, suicide or	80714
serious self-inflicted bodily harm;	80715

(2) Represents a substantial risk of physical harm to others	80716
as manifested by evidence of recent homicidal or other violent	80717
behavior, evidence of recent threats that place another in	80718
reasonable fear of violent behavior and serious physical harm, or	80719
other evidence of present dangerousness;	80720

(3) Represents a substantial and immediate risk of serious	80721
physical impairment or injury to self as manifested by evidence	80722
that the person is unable to provide for and is not providing for	80723
the person's basic physical needs because of the person's mental	80724
illness and that appropriate provision for those needs cannot be	80725
made immediately available in the community; or	80726

(4) Would benefit from treatment in a hospital for the	80727
person's mental illness and is in need of such treatment as	80728
manifested by evidence of behavior that creates a grave and	80729
imminent risk to substantial rights of others or the person.	80730

(C)(1) "Patient" means, subject to division (C)(2) of this	80731
section, a person who is admitted either voluntarily or	80732
involuntarily to a hospital or other place under section 2945.39,	80733
2945.40, 2945.401, or 2945.402 of the Revised Code subsequent to a	80734
finding of not guilty by reason of insanity or incompetence to	80735
stand trial or under this chapter, who is under observation or	80736
receiving treatment in such place.	80737

(2) "Patient" does not include a person admitted to a	80738
hospital or other place under section 2945.39, 2945.40, 2945.401,	80739
or 2945.402 of the Revised Code to the extent that the reference	80740
in this chapter to patient, or the context in which the reference	80741
occurs, is in conflict with any provision of sections 2945.37 to	80742
2945.402 of the Revised Code.	80743

(D) "Licensed physician" means a person licensed under the	80744
laws of this state to practice medicine or a medical officer of	80745
the government of the United States while in this state in the	80746
performance of the person's official duties.	80747

(E) "Psychiatrist" means a licensed physician who has	80748
satisfactorily completed a residency training program in	80749
psychiatry, as approved by the residency review committee of the	80750
American medical association, the committee on post-graduate	80751
education of the American osteopathic association, or the American	80752
osteopathic board of neurology and psychiatry, or who on July 1,	80753
1989, has been recognized as a psychiatrist by the Ohio state	80754
medical association or the Ohio osteopathic association on the	80755
basis of formal training and five or more years of medical	80756
practice limited to psychiatry.	80757

(F) "Hospital" means a hospital or inpatient unit licensed by	80758
the department of mental health under section 5119.20 of the	80759
Revised Code, and any institution, hospital, or other place	80760
established, controlled, or supervised by the department under	80761
Chapter 5119. of the Revised Code.	80762

(G) "Public hospital" means a facility that is tax-supported	80763
and under the jurisdiction of the department of mental health.	80764

(H) "Community mental health agency" means ~~any~~an agency,	80765
~~program, or facility with which a board of alcohol, drug~~	80766
~~addiction, and mental health services contracts to provide the~~	80767
that provides community mental health services ~~listed in~~that are	80768
certified by the director of mental health under section ~~340.09~~	80769
5119.611 of the Revised Code.	80770

(I) "Licensed clinical psychologist" means a person who holds	80771
a current valid psychologist license issued under section 4732.12	80772
or 4732.15 of the Revised Code, and in addition, meets either of	80773
the following criteria:	80774

(1) Meets the educational requirements set forth in division	80775
(B) of section 4732.10 of the Revised Code and has a minimum of	80776
two years' full-time professional experience, or the equivalent as	80777
determined by rule of the state board of psychology, at least one	80778
year of which shall be a predoctoral internship, in clinical	80779
psychological work in a public or private hospital or clinic or in	80780
private practice, diagnosing and treating problems of mental	80781
illness or mental retardation under the supervision of a	80782
psychologist who is licensed or who holds a diploma issued by the	80783
American board of professional psychology, or whose qualifications	80784
are substantially similar to those required for licensure by the	80785
state board of psychology when the supervision has occurred prior	80786
to enactment of laws governing the practice of psychology;	80787

(2) Meets the educational requirements set forth in division	80788
(B) of section 4732.15 of the Revised Code and has a minimum of	80789
four years' full-time professional experience, or the equivalent	80790
as determined by rule of the state board of psychology, in	80791
clinical psychological work in a public or private hospital or	80792
clinic or in private practice, diagnosing and treating problems of	80793
mental illness or mental retardation under supervision, as set	80794
forth in division (I)(1) of this section.	80795

(J) "Health officer" means any public health physician;	80796
public health nurse; or other person authorized by or designated	80797
by a city health district; a general health district; or a board	80798
of alcohol, drug addiction, and mental health services to perform	80799
the duties of a health officer under this chapter.	80800

(K) "Chief clinical officer" means the medical director of a	80801
hospital, or a community mental health agency, or a board of	80802
alcohol, drug addiction, and mental health services, or, if there	80803
is no medical director, the licensed physician responsible for the	80804
treatment a hospital or community mental health agency provides.	80805
The chief clinical officer may delegate to the attending physician	80806
responsible for a patient's care the duties imposed on the chief	80807
clinical officer by this chapter. Within a community mental health	80808
agency, the chief clinical officer shall be designated by the	80809
governing body of the agency and shall be a licensed physician or	80810
licensed clinical psychologist who supervises diagnostic and	80811
treatment services. A licensed physician or licensed clinical	80812
psychologist designated by the chief clinical officer may perform	80813
the duties and accept the responsibilities of the chief clinical	80814
officer in the chief clinical officer's absence.	80815

(L) "Working day" or "court day" means Monday, Tuesday,	80816
Wednesday, Thursday, and Friday, except when such day is a	80817
holiday.	80818

(M) "Indigent" means unable without deprivation of	80819
satisfaction of basic needs to provide for the payment of an	80820
attorney and other necessary expenses of legal representation,	80821
including expert testimony.	80822

(N) "Respondent" means the person whose detention,	80823
commitment, hospitalization, continued hospitalization or	80824
commitment, or discharge is being sought in any proceeding under	80825
this chapter.	80826

(O) ~~"Legal rights service" means the service established~~	80827
~~under~~"Ohio protection and advocacy system" has the same meaning	80828
as in section 5123.60 of the Revised Code.	80829

(P) "Independent expert evaluation" means an evaluation	80830
conducted by a licensed clinical psychologist, psychiatrist, or	80831
licensed physician who has been selected by the respondent or the	80832
respondent's counsel and who consents to conducting the	80833
evaluation.	80834

(Q) "Court" means the probate division of the court of common	80835
pleas.	80836

(R) "Expunge" means:

80837

(1) The removal and destruction of court files and records,	80838
originals and copies, and the deletion of all index references;	80839

(2) The reporting to the person of the nature and extent of	80840
any information about the person transmitted to any other person	80841
by the court;	80842

(3) Otherwise insuring that any examination of court files	80843
and records in question shall show no record whatever with respect	80844
to the person;	80845

(4) That all rights and privileges are restored, and that the	80846
person, the court, and any other person may properly reply that no	80847
such record exists, as to any matter expunged.	80848

(S) "Residence" means a person's physical presence in a	80849
county with intent to remain there, except that:	80850

(1) If a person is receiving a mental health service at a	80851
facility that includes nighttime sleeping accommodations,	80852
residence means that county in which the person maintained the	80853
person's primary place of residence at the time the person entered	80854
the facility;	80855

(2) If a person is committed pursuant to section 2945.38,	80856
2945.39, 2945.40, 2945.401, or 2945.402 of the Revised Code,	80857
residence means the county where the criminal charges were filed.	80858

When the residence of a person is disputed, the matter of	80859
residence shall be referred to the department of mental health for	80860
investigation and determination. Residence shall not be a basis	80861
for a board's denying services to any person present in the	80862
board's service district, and the board shall provide services for	80863
a person whose residence is in dispute while residence is being	80864
determined and for a person in an emergency situation.	80865

(T) "Admission" to a hospital or other place means that a	80866
patient is accepted for and stays at least one night at the	80867
hospital or other place.	80868

(U) "Prosecutor" means the prosecuting attorney, village	80869
solicitor, city director of law, or similar chief legal officer	80870
who prosecuted a criminal case in which a person was found not	80871
guilty by reason of insanity, who would have had the authority to	80872
prosecute a criminal case against a person if the person had not	80873
been found incompetent to stand trial, or who prosecuted a case in	80874
which a person was found guilty.	80875

(V) "Treatment plan" means a written statement of reasonable	80876
objectives and goals for an individual established by the	80877
treatment team, with specific criteria to evaluate progress	80878
towards achieving those objectives. The active participation of	80879
the patient in establishing the objectives and goals shall be	80880
documented. The treatment plan shall be based on patient needs and	80881
include services to be provided to the patient while the patient	80882
is hospitalized and after the patient is discharged. The treatment	80883
plan shall address services to be provided upon discharge,	80884
including but not limited to housing, financial, and vocational	80885
services.	80886

(W) "Community control sanction" has the same meaning as in	80887
section 2929.01 of the Revised Code.	80888

(X) "Post-release control sanction" has the same meaning as	80889
in section 2967.01 of the Revised Code.	80890

Sec. 5122.02. (A) Except as provided in division (D) of this	80891
section, any person who is eighteen years of age or older and who	80892
is, appears to be, or believes self to be mentally ill may make	80893
written application for voluntary admission to the chief medical	80894
officer of a hospital.	80895

(B) Except as provided in division (D) of this section, the	80896
application also may be made on behalf of a minor by a parent, a	80897
guardian of the person, or the person with custody of the minor,	80898
and on behalf of an adult incompetent person by the guardian or	80899
the person with custody of the incompetent person.	80900

Any person whose admission is applied for under division (A)	80901
or (B) of this section may be admitted for observation, diagnosis,	80902
care, or treatment, in any hospital unless the chief clinical	80903
officer finds that hospitalization is inappropriate, and except	80904
that, in the case of a public hospital, no person shall be	80905
admitted without the authorization of the board of the person's	80906
county of residence.	80907

(C) If a minor or person adjudicated incompetent due to	80908
mental illness whose voluntary admission is applied for under	80909
division (B) of this section is admitted, the court shall	80910
determine, upon petition by ~~the legal rights service,~~ private or	80911
otherwise appointed counsel, a relative, or one acting as next	80912
friend, whether the admission or continued hospitalization is in	80913
the best interest of the minor or incompetent.	80914

The chief clinical officer shall discharge any voluntary	80915
patient who has recovered or whose hospitalization the officer	80916
determines to be no longer advisable and may discharge any	80917
voluntary patient who refuses to accept treatment consistent with	80918
the written treatment plan required by section 5122.27 of the	80919
Revised Code.	80920

(D) A person who is found incompetent to stand trial or not	80921
guilty by reason of insanity and who is committed pursuant to	80922
section 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised	80923
Code shall not voluntarily admit ~~himself or herself~~the person or	80924
be voluntarily admitted to a hospital pursuant to this section	80925
until after the final termination of the commitment, as described	80926
in division (J) of section 2945.401 of the Revised Code.	80927

Sec. 5122.15. (A) Full hearings shall be conducted in a	80928
manner consistent with this chapter and with due process of law.	80929
The hearings shall be conducted by a judge of the probate court or	80930
a referee designated by a judge of the probate court and may be	80931
conducted in or out of the county in which the respondent is held.	80932
Any referee designated under this division shall be an attorney.	80933

(1) With the consent of the respondent, the following shall	80934
be made available to counsel for the respondent:	80935

(a) All relevant documents, information, and evidence in the	80936
custody or control of the state or prosecutor;	80937

(b) All relevant documents, information, and evidence in the	80938
custody or control of the hospital in which the respondent	80939
currently is held, or in which the respondent has been held	80940
pursuant to this chapter;	80941

(c) All relevant documents, information, and evidence in the	80942
custody or control of any hospital, facility, or person not	80943
included in division (A)(1)(a) or (b) of this section.	80944

(2) The respondent has the right to attend the hearing and to	80945
be represented by counsel of the respondent's choice. The right to	80946
attend the hearing may be waived only by the respondent or counsel	80947
for the respondent after consultation with the respondent.	80948

(3) If the respondent is not represented by counsel, is	80949
absent from the hearing, and has not validly waived the right to	80950
counsel, the court shall appoint counsel immediately to represent	80951
the respondent at the hearing, reserving the right to tax costs of	80952
appointed counsel to the respondent, unless it is shown that the	80953
respondent is indigent. If the court appoints counsel, or if the	80954
court determines that the evidence relevant to the respondent's	80955
absence does not justify the absence, the court shall continue the	80956
case.	80957

(4) The respondent shall be informed that the respondent may	80958
retain counsel and have independent expert evaluation. If the	80959
respondent is unable to obtain an attorney, the respondent shall	80960
be represented by court-appointed counsel. If the respondent is	80961
indigent, court-appointed counsel and independent expert	80962
evaluation shall be provided as an expense under section 5122.43	80963
of the Revised Code.	80964

(5) The hearing shall be closed to the public, unless counsel	80965
for the respondent, with the permission of the respondent,	80966
requests that the hearing be open to the public.	80967

(6) If the hearing is closed to the public, the court, for	80968
good cause shown, may admit persons who have a legitimate interest	80969
in the proceedings. If the respondent, the respondent's counsel,	80970
the designee of the director or of the chief clinical officer	80971
objects to the admission of any person, the court shall hear the	80972
objection and any opposing argument and shall rule upon the	80973
admission of the person to the hearing.	80974

(7) The affiant under section 5122.11 of the Revised Code	80975
shall be subject to subpoena by either party.	80976

(8) The court shall examine the sufficiency of all documents	80977
filed and shall inform the respondent, if present, and the	80978
respondent's counsel of the nature and content of the documents	80979
and the reason for which the respondent is being detained, or for	80980
which the respondent's placement is being sought.	80981

(9) The court shall receive only reliable, competent, and	80982
material evidence.	80983

(10) Unless proceedings are initiated pursuant to section	80984
5120.17 or 5139.08 of the Revised Code or proceedings are	80985
initiated regarding a resident of the service district of a board	80986
of alcohol, drug addiction, and mental health services that elects	80987
under division ~~(B)(3)(b)~~(C)(2) of section 5119.62 of the Revised	80988
Code not to accept the amount allocated to it under ~~division~~	80989
~~(B)(1) of~~ that section, an attorney that the board designates	80990
shall present the case demonstrating that the respondent is a	80991
mentally ill person subject to hospitalization by court order. The	80992
attorney shall offer evidence of the diagnosis, prognosis, record	80993
of treatment, if any, and less restrictive treatment plans, if	80994
any. In proceedings pursuant to section 5120.17 or 5139.08 of the	80995
Revised Code and in proceedings in which the respondent is a	80996
resident of a service district of a board that elects under	80997
division ~~(B)(3)(b)~~(C)(2) of section 5119.62 of the Revised Code	80998
not to accept the amount allocated to it under ~~division (B)(1) of~~	80999
that section, the attorney general shall designate an attorney who	81000
shall present the case demonstrating that the respondent is a	81001
mentally ill person subject to hospitalization by court order. The	81002
attorney shall offer evidence of the diagnosis, prognosis, record	81003
of treatment, if any, and less restrictive treatment plans, if	81004
any.	81005

(11) The respondent or the respondent's counsel has the right	81006
to subpoena witnesses and documents and to examine and	81007
cross-examine witnesses.	81008

(12) The respondent has the right, but shall not be	81009
compelled, to testify, and shall be so advised by the court.	81010

(13) On motion of the respondent or the respondent's counsel	81011
for good cause shown, or on the court's own motion, the court may	81012
order a continuance of the hearing.	81013

(14) If the respondent is represented by counsel and the	81014
respondent's counsel requests a transcript and record, or if the	81015
respondent is not represented by counsel, the court shall make and	81016
maintain a full transcript and record of the proceeding. If the	81017
respondent is indigent and the transcript and record is made, a	81018
copy shall be provided to the respondent upon request and be	81019
treated as an expense under section 5122.43 of the Revised Code.	81020

(15) To the extent not inconsistent with this chapter, the	81021
Rules of Civil Procedure are applicable.	81022

(B) Unless, upon completion of the hearing the court finds by	81023
clear and convincing evidence that the respondent is a mentally	81024
ill person subject to hospitalization by court order, it shall	81025
order the respondent's discharge immediately.	81026

(C) If, upon completion of the hearing, the court finds by	81027
clear and convincing evidence that the respondent is a mentally	81028
ill person subject to hospitalization by court order, the court	81029
shall order the respondent for a period not to exceed ninety days	81030
to any of the following:	81031

(1) A hospital operated by the department of mental health if	81032
the respondent is committed pursuant to section 5139.08 of the	81033
Revised Code;	81034

(2) A nonpublic hospital;

81035

(3) The veterans' administration or other agency of the	81036
United States government;	81037

(4) A board of alcohol, drug addiction, and mental health	81038
services or agency the board designates;	81039

(5) Receive private psychiatric or psychological care and	81040
treatment;	81041

(6) Any other suitable facility or person consistent with the	81042
diagnosis, prognosis, and treatment needs of the respondent.	81043

(D) Any order made pursuant to division (C)(2), (3), (5), or	81044
(6) of this section shall be conditioned upon the receipt by the	81045
court of consent by the hospital, facility, agency, or person to	81046
accept the respondent.	81047

(E) In determining the place to which, or the person with	81048
whom, the respondent is to be committed, the court shall consider	81049
the diagnosis, prognosis, preferences of the respondent and the	81050
projected treatment plan for the respondent and shall order the	81051
implementation of the least restrictive alternative available and	81052
consistent with treatment goals. If the court determines that the	81053
least restrictive alternative available that is consistent with	81054
treatment goals is inpatient hospitalization, the court's order	81055
shall so state.	81056

(F) During such ninety-day period the hospital; facility;	81057
board of alcohol, drug addiction, and mental health services;	81058
agency the board designates; or person shall examine and treat the	81059
individual. If, at any time prior to the expiration of the	81060
ninety-day period, it is determined by the hospital, facility,	81061
board, agency, or person that the respondent's treatment needs	81062
could be equally well met in an available and appropriate less	81063
restrictive environment, both of the following apply:	81064

(1) The respondent shall be released from the care of the	81065
hospital, agency, facility, or person immediately and shall be	81066
referred to the court together with a report of the findings and	81067
recommendations of the hospital, agency, facility, or person; and	81068

(2) The hospital, agency, facility, or person shall notify	81069
the respondent's counsel or the attorney designated by a board of	81070
alcohol, drug addiction, and mental health services or, if the	81071
respondent was committed to a board or an agency designated by the	81072
board, it shall place the respondent in the least restrictive	81073
environment available consistent with treatment goals and notify	81074
the court and the respondent's counsel of the placement.	81075

The court shall dismiss the case or order placement in the	81076
least restrictive environment.	81077

(G)(1) Except as provided in divisions (G)(2) and (3) of this	81078
section, any person who has been committed under this section, or	81079
for whom proceedings for hospitalization have been commenced	81080
pursuant to section 5122.11 of the Revised Code, may apply at any	81081
time for voluntary admission to the hospital, facility, agency	81082
that the board designates, or person to which the person was	81083
committed. Upon admission as a voluntary patient the chief	81084
clinical officer of the hospital, agency, or other facility, or	81085
the person immediately shall notify the court, the patient's	81086
counsel, and the attorney designated by the board, if the attorney	81087
has entered the proceedings, in writing of that fact, and, upon	81088
receipt of the notice, the court shall dismiss the case.	81089

(2) A person who is found incompetent to stand trial or not	81090
guilty by reason of insanity and who is committed pursuant to	81091
section 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised	81092
Code shall not voluntarily commit the person pursuant to this	81093
section until after the final termination of the commitment, as	81094
described in division (J) of section 2945.401 of the Revised Code.	81095

(H) If, at the end of the first ninety-day period or any	81096
subsequent period of continued commitment, there has been no	81097
disposition of the case, either by discharge or voluntary	81098
admission, the hospital, facility, board, agency, or person shall	81099
discharge the patient immediately, unless at least ten days before	81100
the expiration of the period the attorney the board designates or	81101
the prosecutor files with the court an application for continued	81102
commitment. The application of the attorney or the prosecutor	81103
shall include a written report containing the diagnosis,	81104
prognosis, past treatment, a list of alternative treatment	81105
settings and plans, and identification of the treatment setting	81106
that is the least restrictive consistent with treatment needs. The	81107
attorney the board designates or the prosecutor shall file the	81108
written report at least three days prior to the full hearing. A	81109
copy of the application and written report shall be provided to	81110
the respondent's counsel immediately.	81111

The court shall hold a full hearing on applications for	81112
continued commitment at the expiration of the first ninety-day	81113
period and at least every two years after the expiration of the	81114
first ninety-day period.	81115

Hearings following any application for continued commitment	81116
are mandatory and may not be waived.	81117

Upon request of a person who is involuntarily committed under	81118
this section, or the person's counsel, that is made more than one	81119
hundred eighty days after the person's last full hearing,	81120
mandatory or requested, the court shall hold a full hearing on the	81121
person's continued commitment. Upon the application of a person	81122
involuntarily committed under this section, supported by an	81123
affidavit of a psychiatrist or licensed clinical psychologist,	81124
alleging that the person no longer is a mentally ill person	81125
subject to hospitalization by court order, the court for good	81126
cause shown may hold a full hearing on the person's continued	81127
commitment prior to the expiration of one hundred eighty days	81128
after the person's last full hearing. Section 5122.12 of the	81129
Revised Code applies to all hearings on continued commitment.	81130

If the court, after a hearing for continued commitment finds	81131
by clear and convincing evidence that the respondent is a mentally	81132
ill person subject to hospitalization by court order, the court	81133
may order continued commitment at places specified in division (C)	81134
of this section.	81135

(I) Unless the admission is pursuant to section 5120.17 or	81136
5139.08 of the Revised Code, the chief clinical officer of the	81137
hospital or agency admitting a respondent pursuant to a judicial	81138
proceeding, within ten working days of the admission, shall make a	81139
report of the admission to the board of alcohol, drug addiction,	81140
and mental health services serving the respondent's county of	81141
residence.	81142

(J) A referee appointed by the court may make all orders that	81143
a judge may make under this section and sections 5122.11 and	81144
5122.141 of the Revised Code, except an order of contempt of	81145
court. The orders of a referee take effect immediately. Within	81146
fourteen days of the making of an order by a referee, a party may	81147
file written objections to the order with the court. The filed	81148
objections shall be considered a motion, shall be specific, and	81149
shall state their grounds with particularity. Within ten days of	81150
the filing of the objections, a judge of the court shall hold a	81151
hearing on the objections and may hear and consider any testimony	81152
or other evidence relating to the respondent's mental condition.	81153
At the conclusion of the hearing, the judge may ratify, rescind,	81154
or modify the referee's order.	81155

(K) An order of the court under division (C), (H), or (J) of	81156
this section is a final order.	81157

(L) Before a board, or an agency the board designates, may	81158
place an unconsenting respondent in an inpatient setting from a	81159
less restrictive placement, the board or agency shall do all of	81160
the following:	81161

(1) Determine that the respondent is in immediate need of	81162
treatment in an inpatient setting because the respondent	81163
represents a substantial risk of physical harm to the respondent	81164
or others if allowed to remain in a less restrictive setting;	81165

(2) On the day of placement in the inpatient setting or on	81166
the next court day, file with the court a motion for transfer to	81167
an inpatient setting or communicate to the court by telephone that	81168
the required motion has been mailed;	81169

(3) Ensure that every reasonable and appropriate effort is	81170
made to take the respondent to the inpatient setting in the least	81171
conspicuous manner possible;	81172

(4) Immediately notify the board's designated attorney and	81173
the respondent's attorney.	81174

At the respondent's request, the court shall hold a hearing	81175
on the motion and make a determination pursuant to division (E) of	81176
this section within five days of the placement.	81177

(M) Before a board, or an agency the board designates, may	81178
move a respondent from one residential placement to another, the	81179
board or agency shall consult with the respondent about the	81180
placement. If the respondent objects to the placement, the	81181
proposed placement and the need for it shall be reviewed by a	81182
qualified mental health professional who otherwise is not involved	81183
in the treatment of the respondent.	81184

Sec. 5122.21. (A) The chief clinical officer shall as	81185
frequently as practicable, and at least once every thirty days,	81186
examine or cause to be examined every patient, and, whenever the	81187
chief clinical officer determines that the conditions justifying	81188
involuntary hospitalization or commitment no longer obtain, shall,	81189
~~except as provided in division (C) of this section,~~ discharge the	81190
patient not under indictment or conviction for crime and	81191
immediately make a report of the discharge to the department of	81192
mental health. The chief clinical officer may discharge a patient	81193
who is under an indictment, a sentence of imprisonment, a	81194
community control sanction, or a post-release control sanction or	81195
on parole ten days after written notice of intent to discharge the	81196
patient has been given by personal service or certified mail,	81197
return receipt requested, to the court having criminal	81198
jurisdiction over the patient. Except when the patient was found	81199
not guilty by reason of insanity and the defendant's commitment is	81200
pursuant to section 2945.40 of the Revised Code, the chief	81201
clinical officer has final authority to discharge a patient who is	81202
under an indictment, a sentence of imprisonment, a community	81203
control sanction, or a post-release control sanction or on parole.	81204

(B) After a finding pursuant to section 5122.15 of the	81205
Revised Code that a person is a mentally ill person subject to	81206
hospitalization by court order, the chief clinical officer of the	81207
hospital or agency to which the person is ordered or to which the	81208
person is transferred under section 5122.20 of the Revised Code,	81209
may~~, except as provided in division (C) of this section,~~ grant a	81210
discharge without the consent or authorization of any court.	81211

Upon discharge, the chief clinical officer shall notify the	81212
court that caused the judicial hospitalization of the discharge	81213
from the hospital.	81214

Sec. 5122.27. The chief clinical officer of the hospital or	81215
~~his~~the chief clinical officer's designee shall assure that all	81216
patients hospitalized or committed pursuant to this chapter shall:	81217

(A) Receive, within twenty days of their admission sufficient	81218
professional care to assure that an evaluation of current status,	81219
differential diagnosis, probable prognosis, and description of the	81220
current treatment plan is stated on the official chart;	81221

(B) Have a written treatment plan consistent with the	81222
evaluation, diagnosis, prognosis, and goals which shall be	81223
provided, upon request of the patient or patient's counsel, to the	81224
patient's counsel and to any private physician or licensed	81225
clinical psychologist designated by the patient or ~~his~~the	81226
patient's counsel or to the ~~legal rights service~~Ohio protection	81227
and advocacy system;	81228

(C) Receive treatment consistent with the treatment plan. The	81229
department of mental health shall set standards for treatment	81230
provided to such patients, consistent wherever possible with	81231
standards set by the joint commission on accreditation of	81232
healthcare organizations.	81233

(D) Receive periodic reevaluations of the treatment plan by	81234
the professional staff at intervals not to exceed ninety days;	81235

(E) Be provided with adequate medical treatment for physical	81236
disease or injury;	81237

(F) Receive humane care and treatment, including without	81238
limitation, the following:	81239

(1) The least restrictive environment consistent with the	81240
treatment plan;	81241

(2) The necessary facilities and personnel required by the	81242
treatment plan;	81243

(3) A humane psychological and physical environment;

81244

(4) The right to obtain current information concerning ~~his~~	81245
the patient's treatment program and expectations in terms that he	81246
the patient can reasonably understand;	81247

(5) Participation in programs designed to afford ~~him~~the	81248
patient substantial opportunity to acquire skills to facilitate	81249
~~his~~ return to the community or to terminate an involuntary	81250
commitment;	81251

(6) The right to be free from unnecessary or excessive	81252
medication;	81253

(7) Freedom from restraints or isolation unless it is stated	81254
in a written order by the chief clinical officer or ~~his~~the chief	81255
clinical officer's designee, or the patient's individual physician	81256
or psychologist in a private or general hospital.	81257

~~(G) Be notified of their rights under the law within~~	81258
~~twenty-four hours of admission, according to rules established by~~	81259
~~the legal rights service.~~	81260

If the chief clinical officer of the hospital is unable to	81261
provide the treatment required by divisions (C), (E), and (F) of	81262
this section for any patient hospitalized pursuant to Chapter	81263
5122. of the Revised Code, hethe chief clinical officer shall	81264
immediately notify the patient, the court, the ~~legal rights~~	81265
~~service~~Ohio protection and advocacy system, the director of	81266
mental health, and the patient's counsel and legal guardian, if	81267
known. If within ten days after receipt of such notification by	81268
the director, hethe director is unable to effect a transfer of	81269
the patient, pursuant to section 5122.20 of the Revised Code, to a	81270
hospital, community mental health agency, or other medical	81271
facility where treatment is available, or has not received an	81272
order of the court to the contrary, the involuntary commitment of	81273
any patient hospitalized pursuant to Chapter 5122. of the Revised	81274
Code and defined as a mentally ill person subject to	81275
hospitalization by court order under division (B)(4) of section	81276
5122.01 of the Revised Code shall automatically be terminated.	81277

Sec. 5122.271. (A) Except as provided in divisions (C), (D),	81278
and (E) of this section, the chief clinical officer or, in a	81279
nonpublic hospital, the attending physician responsible for a	81280
patient's care shall provide all information, including expected	81281
physical and medical consequences, necessary to enable any patient	81282
of a hospital for the mentally ill to give a fully informed,	81283
intelligent, and knowing consent, the opportunity to consult with	81284
independent specialists and counsel, and the right to refuse	81285
consent for any of the following:	81286

(1) Surgery;

81287

(2) Convulsive therapy;

81288

(3) Major aversive interventions;

81289

(4) Sterilizations;

81290

(5) Any unusually hazardous treatment procedures;

81291

(6) Psycho-surgery.

81292

(B) No patient shall be subjected to any of the procedures	81293
listed in divisions (A)(4) to (6) of this section until both the	81294
patient's informed, intelligent, and knowing consent and the	81295
approval of the court have been obtained, except that court	81296
approval is not required for a legally competent and voluntary	81297
patient in a nonpublic hospital.	81298

(C) If, after providing the information required under	81299
division (A) of this section to the patient, the chief clinical	81300
officer or attending physician concludes that a patient is	81301
physically or mentally unable to receive the information required	81302
for surgery under division (A)(1) of this section, or has been	81303
adjudicated incompetent, the information may be provided to the	81304
patient's natural or court-appointed guardian, who may give an	81305
informed, intelligent, and knowing written consent.	81306

If a patient is physically or mentally unable to receive the	81307
information required for surgery under division (A)(1) of this	81308
section and has no guardian, the information, the recommendation	81309
of the chief clinical officer, and the concurring judgment of a	81310
licensed physician who is not a full-time employee of the state	81311
may be provided to the court in the county in which the hospital	81312
is located, which may approve the surgery. Before approving the	81313
surgery, the court shall notify the ~~legal rights service~~Ohio	81314
protection and advocacy system created by section 5123.60 of the	81315
Revised Code, and shall notify the patient of the rights to	81316
consult with counsel, to have counsel appointed by the court if	81317
the patient is indigent, and to contest the recommendation of the	81318
chief clinical officer.	81319

(D) If, in a medical emergency, and after providing the	81320
information required under division (A) of this section to the	81321
patient, it is the judgment of one licensed physician that delay	81322
in obtaining surgery would create a grave danger to the health of	81323
the patient, it may be administered without the consent of the	81324
patient or the patient's guardian if the necessary information is	81325
provided to the patient's spouse or next of kin to enable that	81326
person to give informed, intelligent, and knowing written consent.	81327
If no spouse or next of kin can reasonably be contacted, or if the	81328
spouse or next of kin is contacted, but refuses to consent, the	81329
surgery may be performed upon the written authorization of the	81330
chief clinical officer or, in a nonpublic hospital, upon the	81331
written authorization of the attending physician responsible for	81332
the patient's care, and after the approval of the court has been	81333
obtained. However, if delay in obtaining court approval would	81334
create a grave danger to the life of the patient, the chief	81335
clinical officer or, in a nonpublic hospital, the attending	81336
physician responsible for the patient's care may authorize	81337
surgery, in writing, without court approval. If the surgery is	81338
authorized without court approval, the chief clinical officer or	81339
the attending physician who made the authorization and the	81340
physician who performed the surgery shall each execute an	81341
affidavit describing the circumstances constituting the emergency	81342
and warranting the surgery and the circumstances warranting their	81343
not obtaining prior court approval. The affidavit shall be filed	81344
with the court with which the request for prior approval would	81345
have been filed within five court days after the surgery, and a	81346
copy of the affidavit shall be placed in the patient's file and be	81347
given to the guardian, spouse, or next of kin of the patient, to	81348
the hospital at which the surgery was performed, and to the ~~legal~~	81349
~~rights service created by~~Ohio protection and advocacy system as	81350
defined in section 5123.60 of the Revised Code.	81351

(E) Major aversive interventions shall not be used unless a	81352
patient continues to engage in behavior destructive to self or	81353
others after other forms of therapy have been attempted. Major	81354
aversive interventions may be applied if approved by the director	81355
of mental health. ~~The director of the legal rights service created~~	81356
~~by section 5123.60 of the Revised Code shall be notified of any~~	81357
~~proposed major aversive intervention prior to review by the~~	81358
~~director of mental health.~~ Major aversive interventions shall not	81359
be applied to a voluntary patient without the informed,	81360
intelligent, and knowing written consent of the patient or the	81361
patient's guardian.	81362

(F) Unless there is substantial risk of physical harm to self	81363
or others, or other than under division (D) of this section, this	81364
chapter does not authorize any form of compulsory medical,	81365
psychological, or psychiatric treatment of any patient who is	81366
being treated by spiritual means through prayer alone in	81367
accordance with a recognized religious method of healing without	81368
specific court authorization.	81369

(G) For purposes of this section, "convulsive therapy" does	81370
not include defibrillation.	81371

Sec. 5122.29. All patients hospitalized or committed	81372
pursuant to this chapter have the following rights:	81373

(A) The right to a written list of all rights enumerated in	81374
this chapter, to that person, ~~his~~that person's legal guardian,	81375
and ~~his~~that person's counsel. If the person is unable to read,	81376
the list shall be read and explained to ~~him~~the person.	81377

(B) The right at all times to be treated with consideration	81378
and respect for ~~his~~the patient's privacy and dignity, including	81379
without limitation, the following:	81380

(1) At the time a person is taken into custody for diagnosis,	81381
detention, or treatment under Chapter 5122. of the Revised Code,	81382
the person taking ~~him~~that person into custody shall take	81383
reasonable precautions to preserve and safeguard the personal	81384
property in the possession of or on the premises occupied by that	81385
person;	81386

(2) A person who is committed, voluntarily or involuntarily,	81387
shall be given reasonable protection from assault or battery by	81388
any other person.	81389

(C) The right to communicate freely with and be visited at	81390
reasonable times by ~~his~~the patient's private counsel or personnel	81391
of the ~~legal rights service~~Ohio protection and advocacy system	81392
and, unless prior court restriction has been obtained, to	81393
communicate freely with and be visited at reasonable times by ~~his~~	81394
the patient's personal physician or psychologist.	81395

(D) The right to communicate freely with others, unless	81396
specifically restricted in the patient's treatment plan for clear	81397
treatment reasons, including without limitation the following:	81398

(1) To receive visitors at reasonable times;

81399

(2) To have reasonable access to telephones to make and	81400
receive confidential calls, including a reasonable number of free	81401
calls if unable to pay for them and assistance in calling if	81402
requested and needed.	81403

(E) The right to have ready access to letter writing	81404
materials, including a reasonable number of stamps without cost if	81405
unable to pay for them, and to mail and receive unopened	81406
correspondence and assistance in writing if requested and needed.	81407

(F) The right to the following personal privileges consistent	81408
with health and safety:	81409

(1) To wear ~~his~~the patient's own clothes and maintain ~~his~~	81410
the patient's own personal effects;	81411

(2) To be provided an adequate allowance for or allotment of	81412
neat, clean, and seasonable clothing if unable to provide ~~his~~the	81413
patient's own;	81414

(3) To maintain ~~his~~the patient's personal appearance	81415
according to ~~his~~the patient's own personal taste, including head	81416
and body hair;	81417

(4) To keep and use personal possessions, including toilet	81418
articles;	81419

(5) To have access to individual storage space for ~~his~~the	81420
patient's private use;	81421

(6) To keep and spend a reasonable sum of ~~his~~the patient's	81422
own money for expenses and small purchases;	81423

(7) To receive and possess reading materials without	81424
censorship, except when the materials create a clear and present	81425
danger to the safety of persons in the facility.	81426

(G) The right to reasonable privacy, including both periods	81427
of privacy and places of privacy.	81428

(H) The right to free exercise of religious worship within	81429
the facility, including a right to services and sacred texts that	81430
are within the reasonable capacity of the facility to supply,	81431
provided that no patient shall be coerced into engaging in any	81432
religious activities.	81433

(I) The right to social interaction with members of either	81434
sex, subject to adequate supervision, unless such social	81435
interaction is specifically withheld under a patient's written	81436
treatment plan for clear treatment reasons.	81437

As used in this section, "clear treatment reasons" means that	81438
permitting the patient to communicate freely with others will	81439
present a substantial risk of physical harm to the patient or	81440
others or will substantially preclude effective treatment of the	81441
patient. If a right provided under this section is restricted or	81442
withheld for clear treatment reasons, the patient's written	81443
treatment plan shall specify the treatment designed to eliminate	81444
the restriction or withholding of the right at the earliest	81445
possible time.	81446

Sec. 5122.31. (A) All certificates, applications, records,	81447
and reports made for the purpose of this chapter and sections	81448
2945.38, 2945.39, 2945.40, 2945.401, and 2945.402 of the Revised	81449
Code, other than court journal entries or court docket entries,	81450
and directly or indirectly identifying a patient or former patient	81451
or person whose hospitalization has been sought under this	81452
chapter, shall be kept confidential and shall not be disclosed by	81453
any person except:	81454

(1) If the person identified, or the person's legal guardian,	81455
if any, or if the person is a minor, the person's parent or legal	81456
guardian, consents, and if the disclosure is in the best interests	81457
of the person, as may be determined by the court for judicial	81458
records and by the chief clinical officer for medical records;	81459

(2) When disclosure is provided for in this chapter or	81460
section ~~5123.60~~5123.601 of the Revised Code;	81461

(3) That hospitals, boards of alcohol, drug addiction, and	81462
mental health services, and community mental health agencies may	81463
release necessary medical information to insurers and other	81464
third-party payers, including government entities responsible for	81465
processing and authorizing payment, to obtain payment for goods	81466
and services furnished to the patient;	81467

(4) Pursuant to a court order signed by a judge;

81468

(5) That a patient shall be granted access to the patient's	81469
own psychiatric and medical records, unless access specifically is	81470
restricted in a patient's treatment plan for clear treatment	81471
reasons;	81472

(6) That hospitals and other institutions and facilities	81473
within the department of mental health may exchange psychiatric	81474
records and other pertinent information with other hospitals,	81475
institutions, and facilities of the department, and with community	81476
mental health agencies and boards of alcohol, drug addiction, and	81477
mental health services with which the department has a current	81478
agreement for patient care or services. Records and information	81479
that may be released pursuant to this division shall be limited to	81480
medication history, physical health status and history, financial	81481
status, summary of course of treatment in the hospital, summary of	81482
treatment needs, and a discharge summary, if any.	81483

(7) That hospitals within the department, other institutions	81484
and facilities within the department, hospitals licensed by the	81485
department under section 5119.20 of the Revised Code, and	81486
community mental health agencies may exchange psychiatric records	81487
and other pertinent information with payers and other providers of	81488
treatment and health services if the purpose of the exchange is to	81489
facilitate continuity of care for a patient;	81490

(8) That a patient's family member who is involved in the	81491
provision, planning, and monitoring of services to the patient may	81492
receive medication information, a summary of the patient's	81493
diagnosis and prognosis, and a list of the services and personnel	81494
available to assist the patient and the patient's family, if the	81495
patient's treating physician determines that the disclosure would	81496
be in the best interests of the patient. No such disclosure shall	81497
be made unless the patient is notified first and receives the	81498
information and does not object to the disclosure.	81499

(9) That community mental health agencies may exchange	81500
psychiatric records and certain other information with the board	81501
of alcohol, drug addiction, and mental health services and other	81502
agencies in order to provide services to a person involuntarily	81503
committed to a board. Release of records under this division shall	81504
be limited to medication history, physical health status and	81505
history, financial status, summary of course of treatment, summary	81506
of treatment needs, and discharge summary, if any.	81507

(10) That information may be disclosed to the executor or the	81508
administrator of an estate of a deceased patient when the	81509
information is necessary to administer the estate;	81510

(11) That records in the possession of the Ohio historical	81511
society may be released to the closest living relative of a	81512
deceased patient upon request of that relative;	81513

(12) That information may be disclosed to staff members of	81514
the appropriate board or to staff members designated by the	81515
director of mental health for the purpose of evaluating the	81516
quality, effectiveness, and efficiency of services and determining	81517
if the services meet minimum standards. Information obtained	81518
during such evaluations shall not be retained with the name of any	81519
patient.	81520

(13) That records pertaining to the patient's diagnosis,	81521
course of treatment, treatment needs, and prognosis shall be	81522
disclosed and released to the appropriate prosecuting attorney if	81523
the patient was committed pursuant to section 2945.38, 2945.39,	81524
2945.40, 2945.401, or 2945.402 of the Revised Code, or to the	81525
attorney designated by the board for proceedings pursuant to	81526
involuntary commitment under this chapter.	81527

(14) That the department of mental health may exchange	81528
psychiatric hospitalization records, other mental health treatment	81529
records, and other pertinent information with the department of	81530
rehabilitation and correction to ensure continuity of care for	81531
inmates who are receiving mental health services in an institution	81532
of the department of rehabilitation and correction. The department	81533
shall not disclose those records unless the inmate is notified,	81534
receives the information, and does not object to the disclosure.	81535
The release of records under this division is limited to records	81536
regarding an inmate's medication history, physical health status	81537
and history, summary of course of treatment, summary of treatment	81538
needs, and a discharge summary, if any.	81539

(15) That a community mental health agency that ceases to	81540
operate may transfer to either a community mental health agency	81541
that assumes its caseload or to the board of alcohol, drug	81542
addiction, and mental health services of the service district in	81543
which the patient resided at the time services were most recently	81544
provided any treatment records that have not been transferred	81545
elsewhere at the patient's request.	81546

(B) Before records are disclosed pursuant to divisions	81547
(A)(3), (6), (7), and (9) of this section, the custodian of the	81548
records shall attempt to obtain the patient's consent for the	81549
disclosure. No person shall reveal the contents of a medical	81550
record of a patient except as authorized by law.	81551

(C) The managing officer of a hospital who releases necessary	81552
medical information under division (A)(3) of this section to allow	81553
an insurance carrier or other third party payor to comply with	81554
section 5121.43 of the Revised Code shall neither be subject to	81555
criminal nor civil liability.	81556

Sec. 5122.32. (A) As used in this section:

81557

(1) "Quality assurance committee" means a committee that is	81558
appointed in the central office of the department of mental health	81559
by the director of mental health, a committee of a hospital or	81560
community setting program, a committee established pursuant to	81561
section 5119.47 of the Revised Code of the department of mental	81562
health appointed by the managing officer of the hospital or	81563
program, or a duly authorized subcommittee of a committee of that	81564
nature and that is designated to carry out quality assurance	81565
program activities.	81566

(2) "Quality assurance program" means a comprehensive program	81567
within the department of mental health to systematically review	81568
and improve the quality of medical and mental health services	81569
within the department and its hospitals and community setting	81570
programs, the safety and security of persons receiving medical and	81571
mental health services within the department and its hospitals and	81572
community setting programs, and the efficiency and effectiveness	81573
of the utilization of staff and resources in the delivery of	81574
medical and mental health services within the department and its	81575
hospitals and community setting programs. "Quality assurance	81576
program" includes the central office quality assurance committees,	81577
morbidity and mortality review committees, quality assurance	81578
programs of community setting programs, quality assurance	81579
committees of hospitals operated by the department of mental	81580
health, and the office of licensure and certification of the	81581
department.	81582

(3) "Quality assurance program activities" include collecting	81583
or compiling information and reports required by a quality	81584
assurance committee, receiving, reviewing, or implementing the	81585
recommendations made by a quality assurance committee, and	81586
credentialing, privileging, infection control, tissue review, peer	81587
review, utilization review including access to patient care	81588
records, patient care assessment records, and medical and mental	81589
health records, medical and mental health resource management,	81590
mortality and morbidity review, and identification and prevention	81591
of medical or mental health incidents and risks, whether performed	81592
by a quality assurance committee or by persons who are directed by	81593
a quality assurance committee.	81594

(4) "Quality assurance records" means the proceedings,	81595
discussion, records, findings, recommendations, evaluations,	81596
opinions, minutes, reports, and other documents or actions that	81597
emanate from quality assurance committees, quality assurance	81598
programs, or quality assurance program activities. "Quality	81599
assurance records" does not include aggregate statistical	81600
information that does not disclose the identity of persons	81601
receiving or providing medical or mental health services in	81602
department of mental health institutions.	81603

(B)(1) Except as provided in division (E) of this section,	81604
quality assurance records are confidential and are not public	81605
records under section 149.43 of the Revised Code, and shall be	81606
used only in the course of the proper functions of a quality	81607
assurance program.	81608

(2) Except as provided in division (E) of this section, no	81609
person who possesses or has access to quality assurance records	81610
and who knows that the records are quality assurance records shall	81611
willfully disclose the contents of the records to any person or	81612
entity.	81613

(C)(1) Except as provided in division (E) of this section, no	81614
quality assurance record shall be subject to discovery in, and is	81615
not admissible in evidence, in any judicial or administrative	81616
proceeding.	81617

(2) Except as provided in division (E) of this section, no	81618
member of a quality assurance committee or a person who is	81619
performing a function that is part of a quality assurance program	81620
shall be permitted or required to testify in a judicial or	81621
administrative proceeding with respect to quality assurance	81622
records or with respect to any finding, recommendation,	81623
evaluation, opinion, or other action taken by the committee,	81624
member, or person.	81625

(3) Information, documents, or records otherwise available	81626
from original sources are not to be construed as being unavailable	81627
for discovery or admission in evidence in a judicial or	81628
administrative proceeding merely because they were presented to a	81629
quality assurance committee. No person testifying before a quality	81630
assurance committee or person who is a member of a quality	81631
assurance committee shall be prevented from testifying as to	81632
matters within the person's knowledge, but the witness cannot be	81633
asked about the witness' testimony before the quality assurance	81634
committee or about an opinion formed by the person as a result of	81635
the quality assurance committee proceedings.	81636

(D)(1) A person who, without malice and in the reasonable	81637
belief that the information is warranted by the facts known to the	81638
person, provides information to a person engaged in quality	81639
assurance program activities is not liable for damages in a civil	81640
action for injury, death, or loss to person or property to any	81641
person as a result of providing the information.	81642

(2) A member of a quality assurance committee, a person	81643
engaged in quality assurance program activities, and an employee	81644
of the department of mental health shall not be liable in damages	81645
in a civil action for injury, death, or loss to person or property	81646
to any person for any acts, omissions, decisions, or other conduct	81647
within the scope of the functions of the quality assurance	81648
program.	81649

(3) Nothing in this section shall relieve any institution or	81650
individual from liability arising from the treatment of a patient.	81651

(E) Quality assurance records may be disclosed, and testimony	81652
may be provided concerning quality assurance records, only to the	81653
following persons or entities:	81654

(1) Persons who are employed or retained by the department of	81655
mental health and who have authority to evaluate or implement the	81656
recommendations of a state-operated hospital, community setting	81657
program, or central office quality assurance committee;	81658

(2) Public or private agencies or organizations if needed to	81659
perform a licensing or accreditation function related to	81660
department of mental health hospitals or community setting	81661
programs, or to perform monitoring of a hospital or program of	81662
that nature as required by law.	81663

(F) A disclosure of quality assurance records pursuant to	81664
division (E) of this section does not otherwise waive the	81665
confidential and privileged status of the disclosed quality	81666
assurance records.	81667

(G) Nothing in this section shall limit the access of the	81668
~~legal rights service~~Ohio protection and advocacy system to	81669
records or personnel as ~~set forth in sections 5123.60 to 5123.604~~	81670
required under section 5123.601 of the Revised Code. Nothing in	81671
this section shall limit the admissibility of documentary or	81672
testimonial evidence in an action brought by the ~~legal rights~~	81673
~~service~~Ohio protection and advocacy system in its own name or on	81674
behalf of a client.	81675

Sec. 5122.341. (A) As used in this section:

81676

(1) "Facility or agency" means, in the context of a person	81677
committed to the department of mental health under sections	81678
2945.37 to 2945.402 of the Revised Code, any entity in which the	81679
department of mental health places such a person.	81680

(2) "Person committed to the department" means a person	81681
committed to the department of mental health under sections	81682
2945.37 to 2945.402 of the Revised Code.	81683

(B) No member of a board of directors, or employee, of a	81684
facility or agency in which the department of mental health places	81685
a person committed to the department is liable for injury or	81686
damages caused by any action or inaction taken within the scope of	81687
the board member's official duties or employee's employment	81688
relating to the commitment of, and services provided to, the	81689
person committed to the department, unless the action or inaction	81690
constitutes willful or wanton misconduct. A board member's or	81691
employee's action or inaction does not constitute willful or	81692
wanton misconduct if the board member or employee acted in good	81693
faith and reasonably under the circumstances and with the	81694
knowledge reasonably attributable to the board member or employee.	81695

The immunity from liability conferred by this section is in	81696
addition to and not in limitation of any immunity conferred by any	81697
other section of the Revised Code or by judicial precedent.	81698

Sec. 5123.01. As used in this chapter:

81699

(A) "Chief medical officer" means the licensed physician	81700
appointed by the managing officer of an institution for the	81701
mentally retarded with the approval of the director of	81702
developmental disabilities to provide medical treatment for	81703
residents of the institution.	81704

(B) "Chief program director" means a person with special	81705
training and experience in the diagnosis and management of the	81706
mentally retarded, certified according to division (C) of this	81707
section in at least one of the designated fields, and appointed by	81708
the managing officer of an institution for the mentally retarded	81709
with the approval of the director to provide habilitation and care	81710
for residents of the institution.	81711

(C) "Comprehensive evaluation" means a study, including a	81712
sequence of observations and examinations, of a person leading to	81713
conclusions and recommendations formulated jointly, with	81714
dissenting opinions if any, by a group of persons with special	81715
training and experience in the diagnosis and management of persons	81716
with mental retardation or a developmental disability, which group	81717
shall include individuals who are professionally qualified in the	81718
fields of medicine, psychology, and social work, together with	81719
such other specialists as the individual case may require.	81720

(D) "Education" means the process of formal training and	81721
instruction to facilitate the intellectual and emotional	81722
development of residents.	81723

(E) "Habilitation" means the process by which the staff of	81724
the institution assists the resident in acquiring and maintaining	81725
those life skills that enable the resident to cope more	81726
effectively with the demands of the resident's own person and of	81727
the resident's environment and in raising the level of the	81728
resident's physical, mental, social, and vocational efficiency.	81729
Habilitation includes but is not limited to programs of formal,	81730
structured education and training.	81731

(F) "Health officer" means any public health physician,	81732
public health nurse, or other person authorized or designated by a	81733
city or general health district.	81734

(G) "Home and community-based services" means medicaid-funded	81735
home and community-based services specified in division (B)(1) of	81736
section 5111.87 of the Revised Code provided under the medicaid	81737
waiver components the department of developmental disabilities	81738
administers pursuant to section 5111.871 of the Revised Code.	81739
However, home and community-based services provided under the	81740
medicaid waiver component known as the transitions developmental	81741
disabilities waiver are to be considered to be home and	81742
community-based services for the purposes of this chapter only to	81743
the extent, if any, provided by the contract required by section	81744
5111.871 of the Revised Code regarding the waiver.	81745

(H) "Indigent person" means a person who is unable, without	81746
substantial financial hardship, to provide for the payment of an	81747
attorney and for other necessary expenses of legal representation,	81748
including expert testimony.	81749

(I) "Institution" means a public or private facility, or a	81750
part of a public or private facility, that is licensed by the	81751
appropriate state department and is equipped to provide	81752
residential habilitation, care, and treatment for the mentally	81753
retarded.	81754

(J) "Licensed physician" means a person who holds a valid	81755
certificate issued under Chapter 4731. of the Revised Code	81756
authorizing the person to practice medicine and surgery or	81757
osteopathic medicine and surgery, or a medical officer of the	81758
government of the United States while in the performance of the	81759
officer's official duties.	81760

(K) "Managing officer" means a person who is appointed by the	81761
director of developmental disabilities to be in executive control	81762
of an institution for the mentally retarded under the jurisdiction	81763
of the department.	81764

(L) "Medicaid" has the same meaning as in section 5111.01 of	81765
the Revised Code.	81766

(M) "Medicaid case management services" means case management	81767
services provided to an individual with mental retardation or	81768
other developmental disability that the state medicaid plan	81769
requires.	81770

(N) "Mentally retarded person" means a person having	81771
significantly subaverage general intellectual functioning existing	81772
concurrently with deficiencies in adaptive behavior, manifested	81773
during the developmental period.	81774

(O) "Mentally retarded person subject to institutionalization	81775
by court order" means a person eighteen years of age or older who	81776
is at least moderately mentally retarded and in relation to whom,	81777
because of the person's retardation, either of the following	81778
conditions exist:	81779

(1) The person represents a very substantial risk of physical	81780
impairment or injury to self as manifested by evidence that the	81781
person is unable to provide for and is not providing for the	81782
person's most basic physical needs and that provision for those	81783
needs is not available in the community;	81784

(2) The person needs and is susceptible to significant	81785
habilitation in an institution.	81786

(P) "A person who is at least moderately mentally retarded"	81787
means a person who is found, following a comprehensive evaluation,	81788
to be impaired in adaptive behavior to a moderate degree and to be	81789
functioning at the moderate level of intellectual functioning in	81790
accordance with standard measurements as recorded in the most	81791
current revision of the manual of terminology and classification	81792
in mental retardation published by the American association on	81793
mental retardation.	81794

(Q) As used in this division, "substantial functional	81795
limitation," "developmental delay," and "established risk" have	81796
the meanings established pursuant to section 5123.011 of the	81797
Revised Code.	81798

"Developmental disability" means a severe, chronic disability	81799
that is characterized by all of the following:	81800

(1) It is attributable to a mental or physical impairment or	81801
a combination of mental and physical impairments, other than a	81802
mental or physical impairment solely caused by mental illness as	81803
defined in division (A) of section 5122.01 of the Revised Code.	81804

(2) It is manifested before age twenty-two.

81805

(3) It is likely to continue indefinitely.

81806

(4) It results in one of the following:

81807

(a) In the case of a person under three years of age, at	81808
least one developmental delay or an established risk;	81809

(b) In the case of a person at least three years of age but	81810
under six years of age, at least two developmental delays or an	81811
established risk;	81812

(c) In the case of a person six years of age or older, a	81813
substantial functional limitation in at least three of the	81814
following areas of major life activity, as appropriate for the	81815
person's age: self-care, receptive and expressive language,	81816
learning, mobility, self-direction, capacity for independent	81817
living, and, if the person is at least sixteen years of age,	81818
capacity for economic self-sufficiency.	81819

(5) It causes the person to need a combination and sequence	81820
of special, interdisciplinary, or other type of care, treatment,	81821
or provision of services for an extended period of time that is	81822
individually planned and coordinated for the person.	81823

(R) "Developmentally disabled person" means a person with a	81824
developmental disability.	81825

(S) "State institution" means an institution that is	81826
tax-supported and under the jurisdiction of the department.	81827

(T) "Residence" and "legal residence" have the same meaning	81828
as "legal settlement," which is acquired by residing in Ohio for a	81829
period of one year without receiving general assistance prior to	81830
July 17, 1995, under former Chapter 5113. of the Revised Code,	81831
financial assistance under Chapter 5115. of the Revised Code, or	81832
assistance from a private agency that maintains records of	81833
assistance given. A person having a legal settlement in the state	81834
shall be considered as having legal settlement in the assistance	81835
area in which the person resides. No adult person coming into this	81836
state and having a spouse or minor children residing in another	81837
state shall obtain a legal settlement in this state as long as the	81838
spouse or minor children are receiving public assistance, care, or	81839
support at the expense of the other state or its subdivisions. For	81840
the purpose of determining the legal settlement of a person who is	81841
living in a public or private institution or in a home subject to	81842
licensing by the department of job and family services, the	81843
department of mental health, or the department of developmental	81844
disabilities, the residence of the person shall be considered as	81845
though the person were residing in the county in which the person	81846
was living prior to the person's entrance into the institution or	81847
home. Settlement once acquired shall continue until a person has	81848
been continuously absent from Ohio for a period of one year or has	81849
acquired a legal residence in another state. A woman who marries a	81850
man with legal settlement in any county immediately acquires the	81851
settlement of her husband. The legal settlement of a minor is that	81852
of the parents, surviving parent, sole parent, parent who is	81853
designated the residential parent and legal custodian by a court,	81854
other adult having permanent custody awarded by a court, or	81855
guardian of the person of the minor, provided that:	81856

(1) A minor female who marries shall be considered to have	81857
the legal settlement of her husband and, in the case of death of	81858
her husband or divorce, she shall not thereby lose her legal	81859
settlement obtained by the marriage.	81860

(2) A minor male who marries, establishes a home, and who has	81861
resided in this state for one year without receiving general	81862
assistance prior to July 17, 1995, under former Chapter 5113. of	81863
the Revised Code, financial assistance under Chapter 5115. of the	81864
Revised Code, or assistance from a private agency that maintains	81865
records of assistance given shall be considered to have obtained a	81866
legal settlement in this state.	81867

(3) The legal settlement of a child under eighteen years of	81868
age who is in the care or custody of a public or private child	81869
caring agency shall not change if the legal settlement of the	81870
parent changes until after the child has been in the home of the	81871
parent for a period of one year.	81872

No person, adult or minor, may establish a legal settlement	81873
in this state for the purpose of gaining admission to any state	81874
institution.	81875

(U)(1) "Resident" means, subject to division (R)(2) of this	81876
section, a person who is admitted either voluntarily or	81877
involuntarily to an institution or other facility pursuant to	81878
section 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised	81879
Code subsequent to a finding of not guilty by reason of insanity	81880
or incompetence to stand trial or under this chapter who is under	81881
observation or receiving habilitation and care in an institution.	81882

(2) "Resident" does not include a person admitted to an	81883
institution or other facility under section 2945.39, 2945.40,	81884
2945.401, or 2945.402 of the Revised Code to the extent that the	81885
reference in this chapter to resident, or the context in which the	81886
reference occurs, is in conflict with any provision of sections	81887
2945.37 to 2945.402 of the Revised Code.	81888

(V) "Respondent" means the person whose detention,	81889
commitment, or continued commitment is being sought in any	81890
proceeding under this chapter.	81891

(W) "Working day" and "court day" mean Monday, Tuesday,	81892
Wednesday, Thursday, and Friday, except when such day is a legal	81893
holiday.	81894

(X) "Prosecutor" means the prosecuting attorney, village	81895
solicitor, city director of law, or similar chief legal officer	81896
who prosecuted a criminal case in which a person was found not	81897
guilty by reason of insanity, who would have had the authority to	81898
prosecute a criminal case against a person if the person had not	81899
been found incompetent to stand trial, or who prosecuted a case in	81900
which a person was found guilty.	81901

(Y) "Court" means the probate division of the court of common	81902
pleas.	81903

(Z) "Supported living" ~~has~~and "residential services" have	81904
the same ~~meaning~~meanings as in section 5126.01 of the Revised	81905
Code.	81906

Sec. 5123.0413. The department of developmental	81907
disabilities, in consultation with the department of job and	81908
family services, office of budget and management, and county	81909
boards of developmental disabilities, shall adopt rules in	81910
accordance with Chapter 119. of the Revised Code to establish both	81911
of the following in the event a county property tax levy for	81912
services for individuals with mental retardation or other	81913
developmental disability fails:	81914

(A) A method of paying for home and community-based services;

81915

(B) A method of reducing the number of individuals a county	81916
board would otherwise be required by section 5126.0512 of the	81917
Revised Code to ensure are enrolled in ~~a medicaid waiver component~~	81918
~~under which~~ home and community-based services ~~are provided~~.	81919

Sec. 5123.0417. (A) The director of developmental	81920
disabilities shall establish one or more programs for individuals	81921
under ~~twenty-one~~twenty-two years of age who have intensive	81922
behavioral needs, including such individuals with a primary	81923
diagnosis of autism spectrum disorder. The programs may include	81924
one or more medicaid waiver components that the director	81925
administers pursuant to section 5111.871 of the Revised Code. The	81926
programs may do one or more of the following:	81927

(1) Establish models that incorporate elements common to	81928
effective intervention programs and evidence-based practices in	81929
services for children with intensive behavioral needs;	81930

(2) Design a template for individualized education plans and	81931
individual service plans that provide consistent intervention	81932
programs and evidence-based practices for the care and treatment	81933
of children with intensive behavioral needs;	81934

(3) Disseminate best practice guidelines for use by families	81935
of children with intensive behavioral needs and professionals	81936
working with such families;	81937

(4) Develop a transition planning model for effectively	81938
mainstreaming school-age children with intensive behavioral needs	81939
to their public school district;	81940

(5) Contribute to the field of early and effective	81941
identification and intervention programs for children with	81942
intensive behavioral needs by providing financial support for	81943
scholarly research and publication of clinical findings.	81944

(B) The director of developmental disabilities shall	81945
collaborate with the director of job and family services and	81946
consult with the executive director of the Ohio center for autism	81947
and low incidence and university-based programs that specialize in	81948
services for individuals with developmental disabilities when	81949
establishing programs under this section.	81950

Sec. 5123.0418. (A) In addition to other authority granted	81951
the director of developmental disabilities for use of funds	81952
appropriated to the department of developmental disabilities, the	81953
director may use such funds for the following purposes:	81954

(1) All of the following to assist persons with mental	81955
retardation or a developmental disability remain in the community	81956
and avoid institutionalization:	81957

(a) Behavioral and short-term interventions;

81958

(b) Residential services;

81959

81960

(2) Respite care services;

81961

(3) Staff training to help the following personnel serve	81962
persons with mental retardation or a developmental disability in	81963
the community:	81964

(a) Employees of, and personnel under contract with, county	81965
boards of developmental disabilities;	81966

(b) Employees of providers of supported living;

81967

81968

(d) Other personnel the director identifies.

81969

(B) The director may establish priorities for using funds for	81970
the purposes specified in division (A) of this section. The	81971
director shall use the funds in a manner consistent with the	81972
appropriations that authorize the director to use the funds and	81973
all other state and federal laws governing the use of the funds.	81974

Sec. 5123.0419. (A) The director of developmental	81975
disabilities may establish an interagency workgroup on autism. The	81976
purpose of the workgroup shall be to improve the coordination of	81977
the state's efforts to address the service needs of individuals	81978
with autism spectrum disorders and the families of those	81979
individuals. In fulfilling this purpose, the director may enter	81980
into interagency agreements with the government entities	81981
represented by the members of the workgroup. The agreements may	81982
specify any or all of the following:	81983

(1) The roles and responsibilities of government entities	81984
that enter into the agreements;	81985

(2) Procedures regarding the receipt, transfer, and	81986
expenditure of funds necessary to achieve the goals of the	81987
workgroup;	81988

(3) The projects to be undertaken and activities to be	81989
performed by the government entities that enter into the	81990
agreements.	81991

(B) Money received from government entities represented by	81992
the members of the workgroup shall be deposited into the state	81993
treasury to the credit of the interagency workgroup on autism	81994
fund, which is hereby created in the state treasury. Money	81995
credited to the fund shall be used by the department of	81996
developmental disabilities solely to support the activities of the	81997
workgroup.	81998

Sec. 5123.0420. (A) The director of developmental	81999
disabilities may authorize the implementation of one or more	82000
innovative pilot projects that, in the judgment of the director,	82001
are likely to assist in promoting the objectives of this chapter	82002
or Chapter 5126. of the Revised Code. Subject to division (B) of	82003
this section and notwithstanding any provision of this chapter and	82004
Chapter 5126. of the Revised Code, the director's authorization	82005
may permit a pilot project to be implemented in a manner	82006
inconsistent with one or more provisions of this chapter, Chapter	82007
5126. of the Revised Code, or a rule adopted under either chapter.	82008
The director shall specify the period of time for which a pilot	82009
project is to be implemented. This period shall include a	82010
reasonable period of time for an evaluation of the pilot project's	82011
effectiveness.	82012

(B) The director may not authorize a pilot project to be	82013
implemented in a manner that would cause the state to be out of	82014
compliance with any requirements for a program funded in whole or	82015
in part with federal funds.	82016

Sec. 5123.051. (A) If the department of developmental	82017
disabilities determines pursuant to an audit conducted under	82018
section 5123.05 of the Revised Code ~~or a reconciliation conducted~~	82019
~~under section 5123.18 of the Revised Code~~ that money is owed the	82020
state by a provider of a service or program, the department may	82021
enter into a payment agreement with the provider. The agreement	82022
shall include the following:	82023

(1) A schedule of installment payments whereby the money owed	82024
the state is to be paid in full within a period not to exceed one	82025
year;	82026

(2) A provision that the provider may pay the entire balance	82027
owed at any time during the term of the agreement;	82028

(3) A provision that if any installment is not paid in full	82029
within forty-five days after it is due, the entire balance owed is	82030
immediately due and payable;	82031

(4) Any other terms and conditions that are agreed to by the	82032
department and the provider.	82033

(B) The department may include a provision in a payment	82034
agreement that requires the provider to pay interest on the money	82035
owed the state. The department, in its discretion, shall determine	82036
whether to require the payment of interest and, if it so requires,	82037
the rate of interest. Neither the obligation to pay interest nor	82038
the rate of interest is subject to negotiation between the	82039
department and the provider.	82040

(C) If the provider fails to pay any installment in full	82041
within forty-five days after its due date, the department shall	82042
certify the entire balance owed to the attorney general for	82043
collection under section 131.02 of the Revised Code. The	82044
department may withhold funds from payments made to a provider	82045
under section 5123.18 of the Revised Code to satisfy a judgment	82046
secured by the attorney general.	82047

~~(D) The purchase of service fund is hereby created. Money~~	82048
~~credited to the fund shall be used solely for purposes of section~~	82049
~~5123.05 of the Revised Code.~~	82050

Sec. 5123.092. (A) There is hereby established at each	82051
institution and branch institution under the control of the	82052
department of developmental disabilities a citizen's advisory	82053
council consisting of thirteen members. At least seven of the	82054
members shall be persons who are not providers of mental	82055
retardation services. Each council shall include parents or other	82056
relatives of residents of institutions under the control of the	82057
department, community leaders, professional persons in relevant	82058
fields, and persons who have an interest in or knowledge of mental	82059
retardation. The managing officer of the institution shall be a	82060
nonvoting member of the council.	82061

(B) The director of developmental disabilities shall be the	82062
appointing authority for the voting members of each citizen's	82063
advisory council. Each time the term of a voting member expires,	82064
the remaining members of the council shall recommend to the	82065
director one or more persons to serve on the council. The director	82066
may accept a nominee of the council or reject the nominee or	82067
nominees. If the director rejects the nominee or nominees, the	82068
remaining members of the advisory council shall further recommend	82069
to the director one or more other persons to serve on the advisory	82070
council. This procedure shall continue until a member is appointed	82071
to the advisory council.	82072

Each advisory council shall elect from its appointed members	82073
a chairperson, vice-chairperson, and a secretary to serve for	82074
terms of one year. Advisory council officers shall not serve for	82075
more than two consecutive terms in the same office. A majority of	82076
the advisory council members constitutes a quorum.	82077

(C) Terms of office shall be for three years, each term	82078
ending on the same day of the same month of the year as did the	82079
term which it succeeds. No member shall serve more than two	82080
consecutive terms, except that any former member may be appointed	82081
if one year or longer has elapsed since the member served two	82082
consecutive terms. Each member shall hold office from the date of	82083
appointment until the end of the term for which the member was	82084
appointed. Any vacancy shall be filled in the same manner in which	82085
the original appointment was made, and the appointee to a vacancy	82086
in an unexpired term shall serve the balance of the term of the	82087
original appointee. Any member shall continue in office subsequent	82088
to the expiration date of the member's term until the member's	82089
successor takes office, or until a period of sixty days has	82090
elapsed, whichever occurs first.	82091

(D) Members shall be expected to attend all meetings of the	82092
advisory council. Unexcused absence from two successive regularly	82093
scheduled meetings shall be considered prima-facie evidence of	82094
intent not to continue as a member. The chairperson of the board	82095
shall, after a member has been absent for two successive regularly	82096
scheduled meetings, direct a letter to the member asking if the	82097
member wishes to remain in membership. If an affirmative reply is	82098
received, the member shall be retained as a member except that,	82099
if, after having expressed a desire to remain a member, the member	82100
then misses a third successive regularly scheduled meeting without	82101
being excused, the chairperson shall terminate the member's	82102
membership.	82103

(E) A citizen's advisory council shall meet six times	82104
annually, or more frequently if three council members request the	82105
chairperson to call a meeting. The council shall keep minutes of	82106
each meeting and shall submit them to the managing officer of the	82107
institution with which the council is associated,and the	82108
department of developmental disabilities~~, and the legal rights~~	82109
~~service~~.	82110

(F) Members of citizen's advisory councils shall receive no	82111
compensation for their services, except that they shall be	82112
reimbursed for their actual and necessary expenses incurred in the	82113
performance of their official duties by the institution with which	82114
they are associated from funds allocated to it, provided that	82115
reimbursement for those expenses shall not exceed limits imposed	82116
upon the department of developmental disabilities by	82117
administrative rules regulating travel within this state.	82118

(G) The councils shall have reasonable access to all patient	82119
treatment and living areas and records of the institution, except	82120
those records of a strictly personal or confidential nature. The	82121
councils shall have access to a patient's personal records with	82122
the consent of the patient or the patient's legal guardian or, if	82123
the patient is a minor, with the consent of the parent or legal	82124
guardian of the patient.	82125

(H) As used in this section, "branch institution" means a	82126
facility that is located apart from an institution and is under	82127
the control of the managing officer of the institution.	82128

Sec. 5123.171. As used in this section, "respite care" means	82129
appropriate, short-term, temporary care provided to a mentally	82130
retarded or developmentally disabled person to sustain the family	82131
structure or to meet planned or emergency needs of the family.	82132

The department of developmental disabilities shall provide	82133
respite care services to persons with mental retardation or a	82134
developmental disability for the purpose of promoting	82135
self-sufficiency and normalization, preventing or reducing	82136
inappropriate institutional care, and furthering the unity of the	82137
family by enabling the family to meet the special needs of a	82138
mentally retarded or developmentally disabled person.	82139

In order to be eligible for respite care services under this	82140
section, the mentally retarded or developmentally disabled person	82141
must be in need of habilitation services as defined in section	82142
5126.01 of the Revised Code.	82143

Respite care may be provided in a facility licensed under	82144
section 5123.19 of the Revised Code or certified as an	82145
intermediate care facility for the mentally retarded under Title	82146
XIX of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.	82147
301, as amended, or certified as a respite care home under section	82148
5126.05 of the Revised Code.	82149

The department shall develop a system for locating vacant	82150
beds that are available for respite care and for making	82151
information on vacant beds available to users of respite care	82152
services. Facilities certified as intermediate care facilities for	82153
the mentally retarded ~~and facilities holding contracts with the~~	82154
~~department for the provision of residential services under section~~	82155
~~5123.18 of the Revised Code~~ shall report vacant beds to the	82156
department but shall not be required to accept respite care	82157
clients.	82158

The director of developmental disabilities shall adopt, and	82159
may amend or rescind, rules in accordance with Chapter 119. of the	82160
Revised Code for both of the following:	82161

(A) Certification by county boards of developmental	82162
disabilities of respite care homes;	82163

(B) Provision of respite care services authorized by this	82164
section. Rules adopted under this division shall establish all of	82165
the following:	82166

(1) A formula for distributing funds appropriated for respite	82167
care services;	82168

(2) Standards for supervision, training and quality control	82169
in the provision of respite care services;	82170

(3) Eligibility criteria for emergency respite care services.

82171

Sec. 5123.18. (A) ~~As used in this section:~~

82172

~~(1) "Contractor" means a person or government agency that~~	82173
~~enters into a contract with the department of developmental~~	82174
~~disabilities under this section.~~	82175

~~(2) "Government agency" means a state agency as defined in~~	82176
~~section 117.01 of the Revised Code or a similar agency of a~~	82177
~~political subdivision of the state.~~	82178

~~(3) "Residential services" means the services necessary for~~	82179
~~an individual with mental retardation or a developmental~~	82180
~~disability to live in the community, including room and board,~~	82181
~~clothing, transportation, personal care, habilitation,~~	82182
~~supervision, and any other services the department considers~~	82183
~~necessary for the individual to live in the community.~~	82184

~~(B)(1)~~ The department of developmental disabilities may enter	82185
into a contract with a person or government agency to provide	82186
residential services to individuals with mental retardation or	82187
developmental disabilities in need of residential ~~services.~~	82188
~~Contracts for residential services shall be of the following~~	82189
~~types:~~	82190

~~(a) Companion home contracts - contracts under which the~~	82191
~~contractor is an individual, the individual is the primary~~	82192
~~caregiver, and the individual owns or leases and resides in the~~	82193
~~home in which the services are provided.~~	82194

~~(b) Agency-operated companion home contracts - contracts~~	82195
~~under which the contractor subcontracts, for purposes of~~	82196
~~coordinating the provision of residential services, with one or~~	82197
~~more individuals who are primary caregivers and own or lease and~~	82198
~~reside in the homes in which the services are provided.~~	82199

~~(c) Community home contracts - contracts for residential~~	82200
~~services under which the contractor owns or operates a home that~~	82201
~~is used solely to provide residential services.~~	82202

~~(d) Combined agency-operated companion home and community~~	82203
~~home contracts.~~	82204

~~(2) A companion home contract shall cover not more than one~~	82205
~~home. An agency-operated companion home contract or a community~~	82206
~~home contract may cover more than one home.~~	82207

~~(C) Contracts shall be in writing and shall provide for~~	82208
~~payment to be made to the contractor at the times agreed to by the~~	82209
~~department and the contractor. Each contract shall specify the~~	82210
~~period during which it is valid, the amount to be paid for~~	82211
~~residential services, and the number of individuals for whom~~	82212
~~payment will be made. Contracts may be renewed.~~	82213

~~(D)~~services. To be eligible to enter into a contract with	82214
the department under this section, ~~the~~a person or government	82215
~~agency~~entity and the home in which the residential services are	82216
provided must meet all applicable standards for licensing or	82217
certification by the appropriate government ~~agency~~entity. In	82218
~~addition, if the residential facility is operated as a nonprofit~~	82219
~~entity, the members of the board of trustees or board of directors~~	82220
~~of the facility must not have a financial interest in or receive~~	82221
~~financial benefit from the facility, other than reimbursement for~~	82222
~~actual expenses incurred in attending board meetings.~~	82223

~~(E)(1) The department shall determine the payment amount~~	82224
~~assigned to an initial contract. To the extent that the department~~	82225
~~determines sufficient funds are available, the payment amount~~	82226
~~assigned to an initial contract shall be equal to the average~~	82227
~~amount assigned to contracts for other homes that are of the same~~	82228
~~type and size and serve individuals with similar needs, except~~	82229
~~that if an initial contract is the result of a change of~~	82230
~~contractor or ownership, the payment amount assigned to the~~	82231
~~contract shall be the lesser of the amount assigned to the~~	82232
~~previous contract or the contract's total adjusted predicted~~	82233
~~funding need calculated under division (I) of this section.~~	82234

~~(2) A renewed contract shall be assigned a payment amount in~~	82235
~~accordance with division (K) of this section.~~	82236

~~(3) When a contractor relocates a home to another site at~~	82237
~~which residential services are provided to the same individuals,~~	82238
~~the payment amount assigned to the contract for the new home shall~~	82239
~~be the payment amount assigned to the contract at the previous~~	82240
~~location.~~	82241

~~(F)(1) Annually, a contractor shall complete an assessment of~~	82242
~~each individual to whom the contractor provides residential~~	82243
~~services to predict the individual's need for routine direct~~	82244
~~services staff. The department shall establish by rule adopted in~~	82245
~~accordance with Chapter 119. of the Revised Code the assessment~~	82246
~~instrument to be used by contractors to make assessments.~~	82247
~~Assessments shall be submitted to the department not later than~~	82248
~~the thirty-first day of January of each year.~~	82249

~~A contractor shall submit a revised assessment for an~~	82250
~~individual if there is a substantial, long-term change in the~~	82251
~~nature of the individual's needs. A contractor shall submit~~	82252
~~revised assessments for all individuals receiving residential~~	82253
~~services if there is a change in the composition of the home's~~	82254
~~residents.~~	82255

~~(2) Annually, a contractor shall submit a cost report to the~~	82256
~~department specifying the costs incurred in providing residential~~	82257
~~services during the immediately preceding calendar year. Only~~	82258
~~costs actually incurred by a contractor shall be reported on a~~	82259
~~cost report. Cost reports shall be prepared according to a uniform~~	82260
~~chart of accounts approved by the department and shall be~~	82261
~~submitted on forms prescribed by the department.~~	82262

~~(3) The department shall not renew the contract held by a~~	82263
~~contractor who fails to submit the assessments or cost reports~~	82264
~~required under this division.~~	82265

~~(4) The department shall adopt rules as necessary regarding~~	82266
~~the submission of assessments and cost reports under this~~	82267
~~division. The rules shall be adopted in accordance with Chapter~~	82268
~~119. of the Revised Code.~~	82269

~~(G) Prior to renewing a contract entered into under this~~	82270
~~section, the department shall compute the contract's total~~	82271
~~predicted funding need and total adjusted predicted funding need.~~	82272
~~The department shall also compute the contract's unmet funding~~	82273
~~need if the payment amount assigned to the contract is less than~~	82274
~~the total adjusted predicted funding need. The results of these~~	82275
~~calculations shall be used to determine the payment amount~~	82276
~~assigned to the renewed contract.~~	82277

~~(H)(1) A contract's total predicted funding need is an amount~~	82278
~~equal to the sum of the predicted funding needs for the following~~	82279
~~cost categories:~~	82280

~~(a) Routine direct services staff;~~

82281

~~(b) Dietary, program supplies, and specialized staff;~~

82282

~~(c) Facility and general services;~~

82283

~~(d) Administration.~~

82284

~~(2) Based on the assessments submitted by the contractor, the~~	82285
~~department shall compute the contract's predicted funding need for~~	82286
~~the routine direct services staff cost category by multiplying the~~	82287
~~number of direct services staff predicted to be necessary for the~~	82288
~~home by the sum of the following:~~	82289

~~(a) Entry level wages paid during the immediately preceding~~	82290
~~cost reporting period to comparable staff employed by the county~~	82291
~~board of developmental disabilities of the county in which the~~	82292
~~home is located;~~	82293

~~(b) Fringe benefits and payroll taxes as determined by the~~	82294
~~department using state civil service statistics from the same~~	82295
~~period as the cost reporting period.~~	82296

~~(3) The department shall establish by rule adopted in~~	82297
~~accordance with Chapter 119. of the Revised Code the method to be~~	82298
~~used to compute the predicted funding need for the dietary,~~	82299
~~program supplies, and specialized staff cost category; the~~	82300
~~facility and general services cost category; and the~~	82301
~~administration cost category. The rules shall not establish a~~	82302
~~maximum amount that may be attributed to the dietary, program~~	82303
~~supplies, and specialized staff cost category. The rules shall~~	82304
~~establish a process for determining the combined maximum amount~~	82305
~~that may be attributed to the facility and general services cost~~	82306
~~category and the administration cost category.~~	82307

~~(I)(1) A contract's total adjusted predicted funding need is~~	82308
~~the contract's total predicted funding need with adjustments made~~	82309
~~for the following:~~	82310

~~(a) Inflation, as provided under division (I)(2) of this~~	82311
~~section;~~	82312

~~(b) The predicted cost of complying with new requirements~~	82313
~~established under federal or state law that were not taken into~~	82314
~~consideration when the total predicted funding need was computed;~~	82315

~~(c) Changes in needs based on revised assessments submitted~~	82316
~~by the contractor.~~	82317

~~(2) In adjusting the total predicted funding need for~~	82318
~~inflation, the department shall use either the consumer price~~	82319
~~index compound annual inflation rate calculated by the United~~	82320
~~States department of labor for all items or another index or~~	82321
~~measurement of inflation designated in rules that the department~~	82322
~~shall adopt in accordance with Chapter 119. of the Revised Code.~~	82323

~~When a contract is being renewed for the first time, and the~~	82324
~~contract is to begin on the first day of July, the inflation~~	82325
~~adjustment applied to the contract's total predicted funding need~~	82326
~~shall be the estimated rate of inflation for the calendar year in~~	82327
~~which the contract is renewed. If the consumer price index is~~	82328
~~being used, the department shall base its estimate on the rate of~~	82329
~~inflation calculated for the three-month period ending the~~	82330
~~thirty-first day of March of that calendar year. If another index~~	82331
~~or measurement is being used, the department shall base its~~	82332
~~estimate on the most recent calculations of the rate of inflation~~	82333
~~available under the index or measurement. Each year thereafter,~~	82334
~~the inflation adjustment shall be estimated in the same manner,~~	82335
~~except that if the estimated rate of inflation for a year is~~	82336
~~different from the actual rate of inflation for that year, the~~	82337
~~difference shall be added to or subtracted from the rate of~~	82338
~~inflation estimated for the next succeeding year.~~	82339

~~If a contract begins at any time other than July first, the~~	82340
~~inflation adjustment applied to the contract's total predicted~~	82341
~~funding need shall be determined by a method comparable to that~~	82342
~~used for contracts beginning July first. The department shall~~	82343
~~adopt rules in accordance with Chapter 119. of the Revised Code~~	82344
~~establishing the method to be used.~~	82345

~~(J) A contract's unmet funding need is the difference between~~	82346
~~the payment amount assigned to the contract and the total adjusted~~	82347
~~predicted funding need, if the payment amount assigned is less~~	82348
~~than the total adjusted predicted funding need.~~	82349

~~(K) The payment amount to be assigned to a contract being~~	82350
~~renewed shall be determined by comparing the total adjusted~~	82351
~~predicted funding need with the payment amount assigned to the~~	82352
~~current contract.~~	82353

~~(1) If the payment amount assigned to the current contract~~	82354
~~equals or exceeds the total adjusted predicted funding need, the~~	82355
~~payment amount assigned to the renewed contract shall be the same~~	82356
~~as that assigned to the current contract, unless a reduction is~~	82357
~~made pursuant to division (L) of this section.~~	82358

~~(2) If the payment amount assigned to the current contract is~~	82359
~~less than the total adjusted predicted funding need, the payment~~	82360
~~amount assigned to the renewed contract shall be increased if the~~	82361
~~department determines that funds are available for such increases.~~	82362
~~The amount of a contract's increase shall be the same percentage~~	82363
~~of the available funds that the contract's unmet funding need is~~	82364
~~of the total of the unmet funding need for all contracts.~~	82365

~~(L) When renewing a contract provided for in division (B) of~~	82366
~~this section other than a companion home contract, the department~~	82367
~~may reduce the payment amount assigned to a renewed contract if~~	82368
~~the sum of the contractor's allowable reported costs and the~~	82369
~~maximum efficiency incentive is less than ninety-one and one-half~~	82370
~~per cent of the amount received pursuant to this section during~~	82371
~~the immediately preceding contract year.~~	82372

~~The department shall adopt rules in accordance with Chapter~~	82373
~~119. of the Revised Code establishing a formula to be used in~~	82374
~~computing the maximum efficiency incentive, which shall be at~~	82375
~~least four per cent of the weighted average payment amount to be~~	82376
~~made to all contractors during the contract year. The maximum~~	82377
~~efficiency incentive shall be computed annually.~~	82378

~~(M) The department may increase the payment amount assigned~~	82379
~~to a contract based on the contract's unmet funding need at times~~	82380
~~other than when the contract is renewed. The department may~~	82381
~~develop policies for determining priorities in making such~~	82382
~~increases.~~	82383

~~(N)(1) In addition to the contracts provided for in division~~	82384
~~(B) of this section, the department may enter into the following~~	82385
~~contracts:~~	82386

~~(a) A contract to pay the cost of beginning operation of a~~	82387
~~new home that is to be funded under a companion home contract,~~	82388
~~agency-operated companion home contract, community home contract,~~	82389
~~or combined agency-operated companion home and community home~~	82390
~~contract.~~	82391

~~(b) A contract to pay the cost associated with increasing the~~	82392
~~number of individuals served by a home funded under a companion~~	82393
~~home contract, agency-operated companion home contract, community~~	82394
~~home contract, or combined agency-operated companion home and~~	82395
~~community home contract.~~	82396

~~(2) The department shall adopt rules as necessary regarding~~	82397
~~contracts entered into under this division. The rules shall be~~	82398
~~adopted in accordance with Chapter 119. of the Revised Code.~~	82399

~~(O) Except for companion home contracts, the department shall~~	82400
~~conduct a reconciliation of the amount earned under a contract and~~	82401
~~the actual costs incurred by the contractor. An amount is~~	82402
~~considered to have been earned for delivering a service at the~~	82403
~~time the service is delivered. The department shall adopt rules in~~	82404
~~accordance with Chapter 119. of the Revised Code establishing~~	82405
~~procedures for conducting reconciliations.~~	82406

~~A reconciliation shall be based on the annual cost report~~	82407
~~submitted by the contractor. If a reconciliation reveals that a~~	82408
~~contractor owes money to the state, the amount owed shall be~~	82409
~~collected in accordance with section 5123.051 of the Revised Code.~~	82410

~~When conducting reconciliations, the department shall review~~	82411
~~all reported costs that may be affected by transactions required~~	82412
~~to be reported under division (B)(3) of section 5123.172 of the~~	82413
~~Revised Code. If the department determines that such transactions~~	82414
~~have increased the cost reported by a contractor, the department~~	82415
~~may disallow or adjust the cost allowable for payment. The~~	82416
~~department shall adopt rules in accordance with Chapter 119. of~~	82417
~~the Revised Code establishing standards for disallowances or~~	82418
~~adjustments.~~	82419

~~(P) The department may audit the contracts it enters into~~	82420
~~under this section. Audits may be conducted by the department or~~	82421
~~an entity with which the department contracts to perform the~~	82422
~~audits. The department shall adopt rules in accordance with~~	82423
~~Chapter 119. of the Revised Code establishing procedures for~~	82424
~~conducting audits.~~	82425

~~An audit may include the examination of a contractor's~~	82426
~~financial books and records, the costs incurred by a contractor in~~	82427
~~providing residential services, and any other relevant information~~	82428
~~specified by the department. An audit shall not be commenced more~~	82429
~~than four years after the expiration of the contract to be~~	82430
~~audited, except in cases where the department has reasonable cause~~	82431
~~to believe that a contractor has committed fraud.~~	82432

~~If an audit reveals that a contractor owes money to the~~	82433
~~state, the amount owed, subject to an adjudication hearing under~~	82434
~~this division, shall be collected in accordance with section~~	82435
~~5123.051 of the Revised Code. If an audit reveals that a~~	82436
~~reconciliation conducted under this section resulted in the~~	82437
~~contractor erroneously paying money to the state, the department~~	82438
~~shall refund the money to the contractor, or, in lieu of making a~~	82439
~~refund, the department may offset the erroneous payment against~~	82440
~~any money determined as a result of the audit to be owed by the~~	82441
~~contractor to the state. The department is not required to pay~~	82442
~~interest on any money refunded under this division.~~	82443

~~In conducting audits or making determinations of amounts owed~~	82444
~~by a contractor and amounts to be refunded or offset, the~~	82445
~~department shall not be bound by the results of reconciliations~~	82446
~~conducted under this section, except with regard to cases~~	82447
~~involving claims that have been certified pursuant to section~~	82448
~~5123.051 of the Revised Code to the attorney general for~~	82449
~~collection for which a full and final settlement has been reached~~	82450
~~or a final judgment has been made from which all rights of appeal~~	82451
~~have expired or been exhausted.~~	82452

~~Not later than ninety days after an audit's completion, the~~	82453
~~department shall provide the contractor a copy of a report of the~~	82454
~~audit. The report shall state the findings of the audit, including~~	82455
~~the amount of any money the contractor is determined to owe the~~	82456
~~state.~~	82457

~~(Q) The department shall adopt rules specifying the amount~~	82458
~~that will be allowed under a reconciliation or audit for the cost~~	82459
~~incurred by a contractor for compensation of owners,~~	82460
~~administrators, and other personnel. The rules shall be adopted in~~	82461
~~accordance with Chapter 119. of the Revised Code.~~	82462

~~(R) Each contractor shall, for at least seven years, maintain~~	82463
~~fiscal records related to payments received pursuant to this~~	82464
~~section.~~	82465

~~(S) The department may enter into shared funding agreements~~	82466
~~with other government agencies to fund contracts entered into~~	82467
~~under this section. The amount of each agency's share of the cost~~	82468
~~shall be determined through negotiations with the department. The~~	82469
~~department's share shall not exceed the amount it would have paid~~	82470
~~without entering into the shared funding agreement, nor shall it~~	82471
~~be reduced by any amounts contributed by the other parties to the~~	82472
~~agreement.~~	82473

~~(T) Except as provided in section 5123.194 of the Revised~~	82474
~~Code, an individual who receives residential services pursuant to~~	82475
~~divisions (A) through (U) of this section and the individual's~~	82476
~~liable relatives or guardians shall pay support charges in~~	82477
~~accordance with Chapter 5121. of the Revised Code.~~	82478

~~(U) The department may make reimbursements or payments for~~	82479
~~any of the following pursuant to rules adopted under this~~	82480
~~division:~~	82481

~~(1) Unanticipated, nonrecurring costs associated with the~~	82482
~~health or habilitation of a person who resides in a home funded~~	82483
~~under a contract provided for in division (B) of this section;~~	82484

~~(2) The cost of staff development training for contractors if~~	82485
~~the director of developmental disabilities has given prior~~	82486
~~approval for the training;~~	82487

~~(3) Fixed costs that the department, pursuant to the rules,~~	82488
~~determines relate to the continued operation of a home funded~~	82489
~~under a contract provided for in division (B) of this section when~~	82490
~~a short term vacancy occurs and the contractor has diligently~~	82491
~~attempted to fill the vacancy.~~	82492

~~The department shall adopt rules in accordance with Chapter~~	82493
~~119. of the Revised Code establishing standards for use in~~	82494
~~determining which costs it may make payment or reimbursements for~~	82495
~~under this division.~~	82496

~~(V) In addition to the rules required or authorized to be~~	82497
~~adopted under this section, the department may adopt any other~~	82498
~~rules necessary to implement divisions (A) through (U) of this~~	82499
~~section. The rules shall be adopted in accordance with Chapter~~	82500
~~119. of the Revised Code.~~	82501

~~(W) The department may delegate to county boards of~~	82502
~~developmental disabilities its authority under this section to~~	82503
~~negotiate and enter into contracts or subcontracts for residential~~	82504
~~services. In the event that it elects to delegate its authority,~~	82505
~~the department shall adopt rules in accordance with Chapter 119.~~	82506
~~of the Revised Code for the boards' administration of the~~	82507
~~contracts or subcontracts. In administering the contracts or~~	82508
~~subcontracts, the boards shall be subject to all applicable~~	82509
~~provisions of Chapter 5126. of the Revised Code and shall not be~~	82510
~~subject to the provisions of divisions (A) to (V) of this section.~~	82511

~~Subject to the department's rules, a board may require the~~	82512
~~following to contribute to the cost of the residential services an~~	82513
~~individual receives pursuant to this division: the individual or~~	82514
~~the individual's estate, the individual's spouse, the individual's~~	82515
~~guardian, and, if the individual is under age eighteen, either or~~	82516
~~both of the individual's parents. Chapter 5121. of the Revised~~	82517
~~Code shall not apply to individuals or entities that are subject~~	82518
~~to making contributions under this division. In calculating~~	82519
~~contributions to be made under this division, a board, subject to~~	82520
~~the department's rules, may allow an amount to be kept for meeting~~	82521
~~the personal needs of the individual who receives residential~~	82522
~~services.~~	82523

Sec. 5123.19. (A) As used in this section and in sections	82524
5123.191, ~~5123.193,~~ 5123.194, 5123.196, 5123.197, 5123.198, and	82525
5123.20 of the Revised Code:	82526

(1)(a) "Residential facility" means a home or facility in	82527
which a mentally retarded or developmentally disabled person	82528
resides, except the home of a relative or legal guardian in which	82529
a mentally retarded or developmentally disabled person resides, a	82530
respite care home certified under section 5126.05 of the Revised	82531
Code, a county home or district home operated pursuant to Chapter	82532
5155. of the Revised Code, or a dwelling in which the only	82533
mentally retarded or developmentally disabled residents are in an	82534
independent living arrangement or are being provided supported	82535
living.	82536

(b) "Intermediate care facility for the mentally retarded"	82537
means a residential facility that is considered an intermediate	82538
care facility for the mentally retarded for the purposes of	82539
Chapter 5111. of the Revised Code.	82540

(2) "Political subdivision" means a municipal corporation,	82541
county, or township.	82542

(3) "Independent living arrangement" means an arrangement in	82543
which a mentally retarded or developmentally disabled person	82544
resides in an individualized setting chosen by the person or the	82545
person's guardian, which is not dedicated principally to the	82546
provision of residential services for mentally retarded or	82547
developmentally disabled persons, and for which no financial	82548
support is received for rendering such service from any	82549
governmental agency by a provider of residential services.	82550

(4) "Licensee" means the person or government agency that has	82551
applied for a license to operate a residential facility and to	82552
which the license was issued under this section.	82553

(5) "Related party" has the same meaning as in section	82554
5123.16 of the Revised Code except that "provider" as used in the	82555
definition of "related party" means a person or government entity	82556
that held or applied for a license to operate a residential	82557
facility, rather than a person or government entity certified to	82558
provide supported living.	82559

(B) Every person or government agency desiring to operate a	82560
residential facility shall apply for licensure of the facility to	82561
the director of developmental disabilities unless the residential	82562
facility is subject to section 3721.02, ~~3722.04~~5119.73, 5103.03,	82563
or 5119.20 of the Revised Code. Notwithstanding Chapter 3721. of	82564
the Revised Code, a nursing home that is certified as an	82565
intermediate care facility for the mentally retarded under Title	82566
XIX of the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C.A.	82567
1396, as amended, shall apply for licensure of the portion of the	82568
home that is certified as an intermediate care facility for the	82569
mentally retarded.	82570

(C) Subject to section 5123.196 of the Revised Code, the	82571
director of developmental disabilities shall license the operation	82572
of residential facilities. An initial license shall be issued for	82573
a period that does not exceed one year, unless the director denies	82574
the license under division (D) of this section. A license shall be	82575
renewed for a period that does not exceed three years, unless the	82576
director refuses to renew the license under division (D) of this	82577
section. The director, when issuing or renewing a license, shall	82578
specify the period for which the license is being issued or	82579
renewed. A license remains valid for the length of the licensing	82580
period specified by the director, unless the license is	82581
terminated, revoked, or voluntarily surrendered.	82582

(D) If it is determined that an applicant or licensee is not	82583
in compliance with a provision of this chapter that applies to	82584
residential facilities or the rules adopted under such a	82585
provision, the director may deny issuance of a license, refuse to	82586
renew a license, terminate a license, revoke a license, issue an	82587
order for the suspension of admissions to a facility, issue an	82588
order for the placement of a monitor at a facility, issue an order	82589
for the immediate removal of residents, or take any other action	82590
the director considers necessary consistent with the director's	82591
authority under this chapter regarding residential facilities. In	82592
the director's selection and administration of the sanction to be	82593
imposed, all of the following apply:	82594

(1) The director may deny, refuse to renew, or revoke a	82595
license, if the director determines that the applicant or licensee	82596
has demonstrated a pattern of serious noncompliance or that a	82597
violation creates a substantial risk to the health and safety of	82598
residents of a residential facility.	82599

(2) The director may terminate a license if more than twelve	82600
consecutive months have elapsed since the residential facility was	82601
last occupied by a resident or a notice required by division (K)	82602
of this section is not given.	82603

(3) The director may issue an order for the suspension of	82604
admissions to a facility for any violation that may result in	82605
sanctions under division (D)(1) of this section and for any other	82606
violation specified in rules adopted under division (H)(2) of this	82607
section. If the suspension of admissions is imposed for a	82608
violation that may result in sanctions under division (D)(1) of	82609
this section, the director may impose the suspension before	82610
providing an opportunity for an adjudication under Chapter 119. of	82611
the Revised Code. The director shall lift an order for the	82612
suspension of admissions when the director determines that the	82613
violation that formed the basis for the order has been corrected.	82614

(4) The director may order the placement of a monitor at a	82615
residential facility for any violation specified in rules adopted	82616
under division (H)(2) of this section. The director shall lift the	82617
order when the director determines that the violation that formed	82618
the basis for the order has been corrected.	82619

(5) If the director determines that two or more residential	82620
facilities owned or operated by the same person or government	82621
entity are not being operated in compliance with a provision of	82622
this chapter that applies to residential facilities or the rules	82623
adopted under such a provision, and the director's findings are	82624
based on the same or a substantially similar action, practice,	82625
circumstance, or incident that creates a substantial risk to the	82626
health and safety of the residents, the director shall conduct a	82627
survey as soon as practicable at each residential facility owned	82628
or operated by that person or government entity. The director may	82629
take any action authorized by this section with respect to any	82630
facility found to be operating in violation of a provision of this	82631
chapter that applies to residential facilities or the rules	82632
adopted under such a provision.	82633

(6) When the director initiates license revocation	82634
proceedings, no opportunity for submitting a plan of correction	82635
shall be given. The director shall notify the licensee by letter	82636
of the initiation of the proceedings. The letter shall list the	82637
deficiencies of the residential facility and inform the licensee	82638
that no plan of correction will be accepted. The director shall	82639
also send a copy of the letter to the county board of	82640
developmental disabilities. The county board shall send a copy of	82641
the letter to each of the following:	82642

(a) Each resident who receives services from the licensee;

82643

(b) The guardian of each resident who receives services from	82644
the licensee if the resident has a guardian;	82645

(c) The parent or guardian of each resident who receives	82646
services from the licensee if the resident is a minor.	82647

(7) Pursuant to rules which shall be adopted in accordance	82648
with Chapter 119. of the Revised Code, the director may order the	82649
immediate removal of residents from a residential facility	82650
whenever conditions at the facility present an immediate danger of	82651
physical or psychological harm to the residents.	82652

(8) In determining whether a residential facility is being	82653
operated in compliance with a provision of this chapter that	82654
applies to residential facilities or the rules adopted under such	82655
a provision, or whether conditions at a residential facility	82656
present an immediate danger of physical or psychological harm to	82657
the residents, the director may rely on information obtained by a	82658
county board of developmental disabilities or other governmental	82659
agencies.	82660

(9) In proceedings initiated to deny, refuse to renew, or	82661
revoke licenses, the director may deny, refuse to renew, or revoke	82662
a license regardless of whether some or all of the deficiencies	82663
that prompted the proceedings have been corrected at the time of	82664
the hearing.	82665

(E) The director shall establish a program under which public	82666
notification may be made when the director has initiated license	82667
revocation proceedings or has issued an order for the suspension	82668
of admissions, placement of a monitor, or removal of residents.	82669
The director shall adopt rules in accordance with Chapter 119. of	82670
the Revised Code to implement this division. The rules shall	82671
establish the procedures by which the public notification will be	82672
made and specify the circumstances for which the notification must	82673
be made. The rules shall require that public notification be made	82674
if the director has taken action against the facility in the	82675
eighteen-month period immediately preceding the director's latest	82676
action against the facility and the latest action is being taken	82677
for the same or a substantially similar violation of a provision	82678
of this chapter that applies to residential facilities or the	82679
rules adopted under such a provision. The rules shall specify a	82680
method for removing or amending the public notification if the	82681
director's action is found to have been unjustified or the	82682
violation at the residential facility has been corrected.	82683

(F)(1) Except as provided in division (F)(2) of this section,	82684
appeals from proceedings initiated to impose a sanction under	82685
division (D) of this section shall be conducted in accordance with	82686
Chapter 119. of the Revised Code.	82687

(2) Appeals from proceedings initiated to order the	82688
suspension of admissions to a facility shall be conducted in	82689
accordance with Chapter 119. of the Revised Code, unless the order	82690
was issued before providing an opportunity for an adjudication, in	82691
which case all of the following apply:	82692

(a) The licensee may request a hearing not later than ten	82693
days after receiving the notice specified in section 119.07 of the	82694
Revised Code.	82695

(b) If a timely request for a hearing that includes the	82696
licensee's current address is made, the hearing shall commence not	82697
later than thirty days after the department receives the request.	82698

(c) After commencing, the hearing shall continue	82699
uninterrupted, except for Saturdays, Sundays, and legal holidays,	82700
unless other interruptions are agreed to by the licensee and the	82701
director.	82702

(d) If the hearing is conducted by a hearing examiner, the	82703
hearing examiner shall file a report and recommendations not later	82704
than ten days after the last of the following:	82705

(i) The close of the hearing;

82706

(ii) If a transcript of the proceedings is ordered, the	82707
hearing examiner receives the transcript;	82708

(iii) If post-hearing briefs are timely filed, the hearing	82709
examiner receives the briefs.	82710

(e) A copy of the written report and recommendation of the	82711
hearing examiner shall be sent, by certified mail, to the licensee	82712
and the licensee's attorney, if applicable, not later than five	82713
days after the report is filed.	82714

(f) Not later than five days after the hearing examiner files	82715
the report and recommendations, the licensee may file objections	82716
to the report and recommendations.	82717

(g) Not later than fifteen days after the hearing examiner	82718
files the report and recommendations, the director shall issue an	82719
order approving, modifying, or disapproving the report and	82720
recommendations.	82721

(h) Notwithstanding the pendency of the hearing, the director	82722
shall lift the order for the suspension of admissions when the	82723
director determines that the violation that formed the basis for	82724
the order has been corrected.	82725

(G) Neither a person or government agency whose application	82726
for a license to operate a residential facility is denied nor a	82727
related party of the person or government agency may apply for a	82728
license to operate a residential facility before the date that is	82729
one year after the date of the denial. Neither a licensee whose	82730
residential facility license is revoked nor a related party of the	82731
licensee may apply for a residential facility license before the	82732
date that is five years after the date of the revocation.	82733

(H) In accordance with Chapter 119. of the Revised Code, the	82734
director shall adopt and may amend and rescind rules for licensing	82735
and regulating the operation of residential facilities, including	82736
intermediate care facilities for the mentally retarded. The rules	82737
for intermediate care facilities for the mentally retarded may	82738
differ from those for other residential facilities. The rules	82739
shall establish and specify the following:	82740

(1) Procedures and criteria for issuing and renewing	82741
licenses, including procedures and criteria for determining the	82742
length of the licensing period that the director must specify for	82743
each license when it is issued or renewed;	82744

(2) Procedures and criteria for denying, refusing to renew,	82745
terminating, and revoking licenses and for ordering the suspension	82746
of admissions to a facility, placement of a monitor at a facility,	82747
and the immediate removal of residents from a facility;	82748

(3) Fees for issuing and renewing licenses, which shall be	82749
deposited into the program fee fund created under section 5123.033	82750
of the Revised Code;	82751

(4) Procedures for surveying residential facilities;

82752

(5) Requirements for the training of residential facility	82753
personnel;	82754

(6) Classifications for the various types of residential	82755
facilities;	82756

(7) Certification procedures for licensees and management	82757
contractors that the director determines are necessary to ensure	82758
that they have the skills and qualifications to properly operate	82759
or manage residential facilities;	82760

(8) The maximum number of persons who may be served in a	82761
particular type of residential facility;	82762

(9) Uniform procedures for admission of persons to and	82763
transfers and discharges of persons from residential facilities;	82764

(10) Other standards for the operation of residential	82765
facilities and the services provided at residential facilities;	82766

(11) Procedures for waiving any provision of any rule adopted	82767
under this section.	82768

(I) Before issuing a license, the director of the department	82769
or the director's designee shall conduct a survey of the	82770
residential facility for which application is made. The director	82771
or the director's designee shall conduct a survey of each licensed	82772
residential facility at least once during the period the license	82773
is valid and may conduct additional inspections as needed. A	82774
survey includes but is not limited to an on-site examination and	82775
evaluation of the residential facility, its personnel, and the	82776
services provided there.	82777

In conducting surveys, the director or the director's	82778
designee shall be given access to the residential facility; all	82779
records, accounts, and any other documents related to the	82780
operation of the facility; the licensee; the residents of the	82781
facility; and all persons acting on behalf of, under the control	82782
of, or in connection with the licensee. The licensee and all	82783
persons on behalf of, under the control of, or in connection with	82784
the licensee shall cooperate with the director or the director's	82785
designee in conducting the survey.	82786

Following each survey, unless the director initiates a	82787
license revocation proceeding, the director or the director's	82788
designee shall provide the licensee with a report listing any	82789
deficiencies, specifying a timetable within which the licensee	82790
shall submit a plan of correction describing how the deficiencies	82791
will be corrected, and, when appropriate, specifying a timetable	82792
within which the licensee must correct the deficiencies. After a	82793
plan of correction is submitted, the director or the director's	82794
designee shall approve or disapprove the plan. A copy of the	82795
report and any approved plan of correction shall be provided to	82796
any person who requests it.	82797

The director shall initiate disciplinary action against any	82798
department employee who notifies or causes the notification to any	82799
unauthorized person of an unannounced survey of a residential	82800
facility by an authorized representative of the department.	82801

(J) In addition to any other information which may be	82802
required of applicants for a license pursuant to this section, the	82803
director shall require each applicant to provide a copy of an	82804
approved plan for a proposed residential facility pursuant to	82805
section 5123.042 of the Revised Code. This division does not apply	82806
to renewal of a license or to an applicant for an initial or	82807
modified license who meets the requirements of section 5123.193 or	82808
5123.197 of the Revised Code.	82809

(K) A licensee shall notify the owner of the building in	82810
which the licensee's residential facility is located of any	82811
significant change in the identity of the licensee or management	82812
contractor before the effective date of the change if the licensee	82813
is not the owner of the building.	82814

Pursuant to rules which shall be adopted in accordance with	82815
Chapter 119. of the Revised Code, the director may require	82816
notification to the department of any significant change in the	82817
ownership of a residential facility or in the identity of the	82818
licensee or management contractor. If the director determines that	82819
a significant change of ownership is proposed, the director shall	82820
consider the proposed change to be an application for development	82821
by a new operator pursuant to section 5123.042 of the Revised Code	82822
and shall advise the applicant within sixty days of the	82823
notification that the current license shall continue in effect or	82824
a new license will be required pursuant to this section. If the	82825
director requires a new license, the director shall permit the	82826
facility to continue to operate under the current license until	82827
the new license is issued, unless the current license is revoked,	82828
refused to be renewed, or terminated in accordance with Chapter	82829
119. of the Revised Code.	82830

(L) A county board of developmental disabilities~~, the legal~~	82831
~~rights service,~~ and any interested person may file complaints	82832
alleging violations of statute or department rule relating to	82833
residential facilities with the department. All complaints shall	82834
be in writing and shall state the facts constituting the basis of	82835
the allegation. The department shall not reveal the source of any	82836
complaint unless the complainant agrees in writing to waive the	82837
right to confidentiality or until so ordered by a court of	82838
competent jurisdiction.	82839

The department shall adopt rules in accordance with Chapter	82840
119. of the Revised Code establishing procedures for the receipt,	82841
referral, investigation, and disposition of complaints filed with	82842
the department under this division.	82843

(M) The department shall establish procedures for the	82844
notification of interested parties of the transfer or interim care	82845
of residents from residential facilities that are closing or are	82846
losing their license.	82847

(N) Before issuing a license under this section to a	82848
residential facility that will accommodate at any time more than	82849
one mentally retarded or developmentally disabled individual, the	82850
director shall, by first class mail, notify the following:	82851

(1) If the facility will be located in a municipal	82852
corporation, the clerk of the legislative authority of the	82853
municipal corporation;	82854

(2) If the facility will be located in unincorporated	82855
territory, the clerk of the appropriate board of county	82856
commissioners and the fiscal officer of the appropriate board of	82857
township trustees.	82858

The director shall not issue the license for ten days after	82859
mailing the notice, excluding Saturdays, Sundays, and legal	82860
holidays, in order to give the notified local officials time in	82861
which to comment on the proposed issuance.	82862

Any legislative authority of a municipal corporation, board	82863
of county commissioners, or board of township trustees that	82864
receives notice under this division of the proposed issuance of a	82865
license for a residential facility may comment on it in writing to	82866
the director within ten days after the director mailed the notice,	82867
excluding Saturdays, Sundays, and legal holidays. If the director	82868
receives written comments from any notified officials within the	82869
specified time, the director shall make written findings	82870
concerning the comments and the director's decision on the	82871
issuance of the license. If the director does not receive written	82872
comments from any notified local officials within the specified	82873
time, the director shall continue the process for issuance of the	82874
license.	82875

(O) Any person may operate a licensed residential facility	82876
that provides room and board, personal care, habilitation	82877
services, and supervision in a family setting for at least six but	82878
not more than eight persons with mental retardation or a	82879
developmental disability as a permitted use in any residential	82880
district or zone, including any single-family residential district	82881
or zone, of any political subdivision. These residential	82882
facilities may be required to comply with area, height, yard, and	82883
architectural compatibility requirements that are uniformly	82884
imposed upon all single-family residences within the district or	82885
zone.	82886

(P) Any person may operate a licensed residential facility	82887
that provides room and board, personal care, habilitation	82888
services, and supervision in a family setting for at least nine	82889
but not more than sixteen persons with mental retardation or a	82890
developmental disability as a permitted use in any multiple-family	82891
residential district or zone of any political subdivision, except	82892
that a political subdivision that has enacted a zoning ordinance	82893
or resolution establishing planned unit development districts may	82894
exclude these residential facilities from those districts, and a	82895
political subdivision that has enacted a zoning ordinance or	82896
resolution may regulate these residential facilities in	82897
multiple-family residential districts or zones as a conditionally	82898
permitted use or special exception, in either case, under	82899
reasonable and specific standards and conditions set out in the	82900
zoning ordinance or resolution to:	82901

(1) Require the architectural design and site layout of the	82902
residential facility and the location, nature, and height of any	82903
walls, screens, and fences to be compatible with adjoining land	82904
uses and the residential character of the neighborhood;	82905

(2) Require compliance with yard, parking, and sign	82906
regulation;	82907

(3) Limit excessive concentration of these residential	82908
facilities.	82909

(Q) This section does not prohibit a political subdivision	82910
from applying to residential facilities nondiscriminatory	82911
regulations requiring compliance with health, fire, and safety	82912
regulations and building standards and regulations.	82913

(R) Divisions (O) and (P) of this section are not applicable	82914
to municipal corporations that had in effect on June 15, 1977, an	82915
ordinance specifically permitting in residential zones licensed	82916
residential facilities by means of permitted uses, conditional	82917
uses, or special exception, so long as such ordinance remains in	82918
effect without any substantive modification.	82919

(S)(1) The director may issue an interim license to operate a	82920
residential facility to an applicant for a license under this	82921
section if either of the following is the case:	82922

(a) The director determines that an emergency exists	82923
requiring immediate placement of persons in a residential	82924
facility, that insufficient licensed beds are available, and that	82925
the residential facility is likely to receive a permanent license	82926
under this section within thirty days after issuance of the	82927
interim license.	82928

(b) The director determines that the issuance of an interim	82929
license is necessary to meet a temporary need for a residential	82930
facility.	82931

(2) To be eligible to receive an interim license, an	82932
applicant must meet the same criteria that must be met to receive	82933
a permanent license under this section, except for any differing	82934
procedures and time frames that may apply to issuance of a	82935
permanent license.	82936

(3) An interim license shall be valid for thirty days and may	82937
be renewed by the director for a period not to exceed one hundred	82938
fifty days.	82939

(4) The director shall adopt rules in accordance with Chapter	82940
119. of the Revised Code as the director considers necessary to	82941
administer the issuance of interim licenses.	82942

(T) Notwithstanding rules adopted pursuant to this section	82943
establishing the maximum number of persons who may be served in a	82944
particular type of residential facility, a residential facility	82945
shall be permitted to serve the same number of persons being	82946
served by the facility on the effective date of the rules or the	82947
number of persons for which the facility is authorized pursuant to	82948
a current application for a certificate of need with a letter of	82949
support from the department of developmental disabilities and	82950
which is in the review process prior to April 4, 1986.	82951

(U) The director or the director's designee may enter at any	82952
time, for purposes of investigation, any home, facility, or other	82953
structure that has been reported to the director or that the	82954
director has reasonable cause to believe is being operated as a	82955
residential facility without a license issued under this section.	82956

The director may petition the court of common pleas of the	82957
county in which an unlicensed residential facility is located for	82958
an order enjoining the person or governmental agency operating the	82959
facility from continuing to operate without a license. The court	82960
may grant the injunction on a showing that the person or	82961
governmental agency named in the petition is operating a	82962
residential facility without a license. The court may grant the	82963
injunction, regardless of whether the residential facility meets	82964
the requirements for receiving a license under this section.	82965

Sec. 5123.191. (A) The court of common pleas or a judge	82966
thereof in the judge's county, or the probate court, may appoint a	82967
receiver to take possession of and operate a residential facility	82968
licensed by the department of developmental disabilities, in	82969
causes pending in such courts respectively, when conditions	82970
existing at the facility present a substantial risk of physical or	82971
mental harm to residents and no other remedies at law are adequate	82972
to protect the health, safety, and welfare of the residents.	82973
Conditions at the facility that may present such risk of harm	82974
include, but are not limited to, instances when any of the	82975
following occur:	82976

(1) The residential facility is in violation of state or	82977
federal law or regulations.	82978

(2) The facility has had its license revoked or procedures	82979
for revocation have been initiated, or the facility is closing or	82980
intends to cease operations.	82981

(3) Arrangements for relocating residents need to be made.

82982

(4) Insolvency of the operator, licensee, or landowner	82983
threatens the operation of the facility.	82984

(5) The facility or operator has demonstrated a pattern and	82985
practice of repeated violations of state or federal laws or	82986
regulations.	82987

(B) A court in which a petition is filed pursuant to this	82988
section shall notify the person holding the license for the	82989
facility and the department of developmental disabilities of the	82990
filing. The court shall order the department to notify the ~~legal~~	82991
~~rights service,~~ facility owner, facility operator, county board of	82992
developmental disabilities, facility residents, and residents'	82993
parents and guardians of the filing of the petition.	82994

The court shall provide a hearing on the petition within five	82995
court days of the time it was filed, except that the court may	82996
appoint a receiver prior to that time if it determines that the	82997
circumstances necessitate such action. Following a hearing on the	82998
petition, and upon a determination that the appointment of a	82999
receiver is warranted, the court shall appoint a receiver and	83000
notify the department of developmental disabilities and	83001
appropriate persons of this action.	83002

(C) A residential facility for which a receiver has been	83003
named is deemed to be in compliance with section 5123.19 and	83004
Chapter 3721. of the Revised Code for the duration of the	83005
receivership.	83006

(D) When the operating revenue of a residential facility in	83007
receivership is insufficient to meet its operating expenses,	83008
including the cost of bringing the facility into compliance with	83009
state or federal laws or regulations, the court may order the	83010
state to provide necessary funding, except as provided in division	83011
(K) of this section. The state shall provide such funding, subject	83012
to the approval of the controlling board. The court may also order	83013
the appropriate authorities to expedite all inspections necessary	83014
for the issuance of licenses or the certification of a facility,	83015
and order a facility to be closed if it determines that reasonable	83016
efforts cannot bring the facility into substantial compliance with	83017
the law.	83018

(E) In establishing a receivership, the court shall set forth	83019
the powers and duties of the receiver. The court may generally	83020
authorize the receiver to do all that is prudent and necessary to	83021
safely and efficiently operate the residential facility within the	83022
requirements of state and federal law, but shall require the	83023
receiver to obtain court approval prior to making any single	83024
expenditure of more than five thousand dollars to correct	83025
deficiencies in the structure or furnishings of a facility. The	83026
court shall closely review the conduct of the receiver it has	83027
appointed and shall require regular and detailed reports. The	83028
receivership shall be reviewed at least every sixty days.	83029

(F) A receivership established pursuant to this section shall	83030
be terminated, following notification of the appropriate parties	83031
and a hearing, if the court determines either of the following:	83032

(1) The residential facility has been closed and the former	83033
residents have been relocated to an appropriate facility.	83034

(2) Circumstances no longer exist at the facility that	83035
present a substantial risk of physical or mental harm to	83036
residents, and there is no deficiency in the facility that is	83037
likely to create a future risk of harm.	83038

Notwithstanding division (F)(2) of this section, the court	83039
shall not terminate a receivership for a residential facility that	83040
has previously operated under another receivership unless the	83041
responsibility for the operation of the facility is transferred to	83042
an operator approved by the court and the department of	83043
developmental disabilities.	83044

(G) The department of developmental disabilities may, upon	83045
its own initiative or at the request of an owner, operator, or	83046
resident of a residential facility, or at the request of a	83047
resident's guardian or relative,or a county board of	83048
developmental disabilities~~, or the legal rights service~~, petition	83049
the court to appoint a receiver to take possession of and operate	83050
a residential facility. When the department has been requested to	83051
file a petition by any of the parties listed above, it shall,	83052
within forty-eight hours of such request, either file such a	83053
petition or notify the requesting party of its decision not to	83054
file. If the department refuses to file, the requesting party may	83055
file a petition with the court requesting the appointment of a	83056
receiver to take possession of and operate a residential facility.	83057

Petitions filed pursuant to this division shall include the	83058
following:	83059

(1) A description of the specific conditions existing at the	83060
facility which present a substantial risk of physical or mental	83061
harm to residents;	83062

(2) A statement of the absence of other adequate remedies at	83063
law;	83064

(3) The number of individuals residing at the facility;

83065

(4) A statement that the facts have been brought to the	83066
attention of the owner or licensee and that conditions have not	83067
been remedied within a reasonable period of time or that the	83068
conditions, though remedied periodically, habitually exist at the	83069
facility as a pattern or practice;	83070

(5) The name and address of the person holding the license	83071
for the facility and the address of the department of	83072
developmental disabilities.	83073

The court may award to an operator appropriate costs and	83074
expenses, including reasonable attorney's fees, if it determines	83075
that a petitioner has initiated a proceeding in bad faith or	83076
merely for the purpose of harassing or embarrassing the operator.	83077

(H) Except for the department of developmental disabilities	83078
or a county board of developmental disabilities, no party or	83079
person interested in an action shall be appointed a receiver	83080
pursuant to this section.	83081

To assist the court in identifying persons qualified to be	83082
named as receivers, the director of developmental disabilities or	83083
the director's designee shall maintain a list of the names of such	83084
persons. The director shall, in accordance with Chapter 119. of	83085
the Revised Code, establish standards for evaluating persons	83086
desiring to be included on such a list.	83087

(I) Before a receiver enters upon the duties of that person,	83088
the receiver must be sworn to perform the duties of receiver	83089
faithfully, and, with surety approved by the court, judge, or	83090
clerk, execute a bond to such person, and in such sum as the court	83091
or judge directs, to the effect that such receiver will faithfully	83092
discharge the duties of receiver in the action, and obey the	83093
orders of the court therein.	83094

(J) Under the control of the appointing court, a receiver may	83095
bring and defend actions in the receiver's own name as receiver	83096
and take and keep possession of property.	83097

The court shall authorize the receiver to do the following:

83098

(1) Collect payment for all goods and services provided to	83099
the residents or others during the period of the receivership at	83100
the same rate as was charged by the licensee at the time the	83101
petition for receivership was filed, unless a different rate is	83102
set by the court;	83103

(2) Honor all leases, mortgages, and secured transactions	83104
governing all buildings, goods, and fixtures of which the receiver	83105
has taken possession and continues to use, subject to the	83106
following conditions:	83107

(a) In the case of a rental agreement, only to the extent of	83108
payments that are for the use of the property during the period of	83109
the receivership;	83110

(b) In the case of a purchase agreement only to the extent of	83111
payments that come due during the period of the receivership;	83112

~~(c) If the court determines that the cost of the lease,~~	83113
~~mortgage, or secured transaction was increased by a transaction~~	83114
~~required to be reported under division (B)(3) of section 5123.172~~	83115
~~of the Revised Code, only to the extent determined by the court to~~	83116
~~be the fair market value for use of the property during the period~~	83117
~~of the receivership~~.	83118

(3) If transfer of residents is necessary, provide for the	83119
orderly transfer of residents by doing the following:	83120

(a) Cooperating with all appropriate state and local agencies	83121
in carrying out the transfer of residents to alternative community	83122
placements;	83123

(b) Providing for the transportation of residents' belongings	83124
and records;	83125

(c) Helping to locate alternative placements and develop	83126
discharge plans;	83127

(d) Preparing residents for the trauma of discharge;

83128

(e) Permitting residents or guardians to participate in	83129
transfer or discharge planning except when an emergency exists and	83130
immediate transfer is necessary.	83131

(4) Make periodic reports on the status of the residential	83132
program to the appropriate state agency, county board of	83133
developmental disabilities, parents, guardians, and residents;	83134

(5) Compromise demands or claims;

83135

(6) Generally do such acts respecting the residential	83136
facility as the court authorizes.	83137

(K) Neither the receiver nor the department of developmental	83138
disabilities is liable for debts incurred by the owner or operator	83139
of a residential facility for which a receiver has been appointed.	83140

(L) The department of developmental disabilities may contract	83141
for the operation of a residential facility in receivership. The	83142
department shall establish the conditions of a contract. A	83143
~~condition may be the same as, similar to, or different from a~~	83144
~~condition established by section 5123.18 of the Revised Code and~~	83145
~~the rules adopted under that section for a contract entered into~~	83146
~~under that section.~~ Notwithstanding any other provision of law,	83147
contracts that are necessary to carry out the powers and duties of	83148
the receiver need not be competitively bid.	83149

(M) The department of developmental disabilities, the	83150
department of job and family services, and the department of	83151
health shall provide technical assistance to any receiver	83152
appointed pursuant to this section.	83153

Sec. 5123.194. In the case of an individual who resides in a	83154
residential facility and is preparing to move into an independent	83155
living arrangement and the individual's liable relative, the	83156
department of developmental disabilities may waive the support	83157
collection requirements of sections 5121.04,and 5123.122~~, and~~	83158
~~5123.18~~ of the Revised Code for the purpose of allowing income or	83159
resources to be used to acquire items necessary for independent	83160
living. The department shall adopt rules in accordance with	83161
section 111.15 of the Revised Code to implement this section,	83162
including rules that establish the method the department shall use	83163
to determine when an individual is preparing to move into an	83164
independent living arrangement.	83165

Sec. 5123.35. (A) There is hereby created the Ohio	83166
developmental disabilities council, which shall serve as an	83167
advocate for all persons with developmental disabilities. The	83168
council shall act in accordance with the "Developmental	83169
Disabilities Assistance and Bill of Rights Act," 98 Stat. 2662	83170
(1984), 42 U.S.C. 6001, as amended. The governor shall appoint the	83171
members of the council in accordance with 42 U.S.C. 6024.	83172

(B) The Ohio developmental disabilities council shall develop	83173
the state plan required by federal law as a condition of receiving	83174
federal assistance under 42 U.S.C. 6021 to 6030. The department of	83175
developmental disabilities, as the state agency selected by the	83176
governor for purposes of receiving the federal assistance, shall	83177
receive, account for, and disburse funds based on the state plan	83178
and shall provide assurances and other administrative support	83179
services required as a condition of receiving the federal	83180
assistance.	83181

(C) The federal funds may be disbursed through grants to or	83182
contracts with persons and government agencies for the provision	83183
of necessary or useful goods and services for developmentally	83184
disabled persons. The Ohio developmental disabilities council may	83185
award the grants or enter into the contracts.	83186

(D) The Ohio developmental disabilities council may award	83187
grants to or enter into contracts with a member of the council or	83188
an entity that the member represents if all of the following	83189
apply:	83190

(1) The member serves on the council as a representative of	83191
one of the principal state agencies concerned with services for	83192
persons with developmental disabilities as specified in 42 U.S.C.	83193
6024(b)(3), a representative of a university affiliated program as	83194
defined in 42 U.S.C. 6001(18), or a representative of the ~~legal~~	83195
~~rights service created under~~Ohio protection and advocacy system,	83196
as defined in section 5123.60 of the Revised Code.	83197

(2) The council determines that the member or the entity the	83198
member represents is capable of providing the goods or services	83199
specified under the terms of the grant or contract.	83200

(3) The member has not taken part in any discussion or vote	83201
of the council related to awarding the grant or entering into the	83202
contract, including service as a member of a review panel	83203
established by the council to award grants or enter into contracts	83204
or to make recommendations with regard to awarding grants or	83205
entering into contracts.	83206

(E) A member of the Ohio developmental disabilities council	83207
is not in violation of Chapter 102. or section 2921.42 of the	83208
Revised Code with regard to receiving a grant or entering into a	83209
contract under this section if the requirements of division (D) of	83210
this section have been met.	83211

Sec. 5123.352. There is hereby created in the state treasury	83212
the community developmental disabilities trust fund. The director	83213
of developmental disabilities, not later than sixty days after the	83214
end of each fiscal year, shall certify to the director of budget	83215
and management the amount of all the unexpended, unencumbered	83216
balances of general revenue fund appropriations made to the	83217
department of developmental disabilities for the fiscal year,	83218
excluding appropriations for rental payments to the Ohio public	83219
facilities commission, and the amount of any other funds held by	83220
the department in excess of amounts necessary to meet the	83221
department's operating costs and obligations pursuant to this	83222
chapter and Chapter 5126. of the Revised Code. On receipt of the	83223
certification, the director of budget and management shall	83224
transfer cash to the trust fund in an amount up to, but not	83225
exceeding, the total of the amounts certified by the director of	83226
developmental disabilities, except in cases in which the transfer	83227
will involve more than twenty million dollars. In such cases, the	83228
director of budget and management shall notify the controlling	83229
board and must receive the board's approval of the transfer prior	83230
to making the transfer.	83231

All moneys in the trust fund shall be ~~distributed~~used for	83232
purposes specified in ~~accordance with~~ section ~~5126.19~~5123.0418	83233
of the Revised Code.	83234

Sec. 5123.45. (A) The department of developmental	83235
disabilities shall establish a program under which the department	83236
issues certificates to the following:	83237

(1) MR/DD personnel, for purposes of meeting the requirement	83238
of division (C)(1) of section 5123.42 of the Revised Code to	83239
obtain a certificate or certificates to administer prescribed	83240
medications, perform health-related activities, and perform tube	83241
feedings;	83242

(2) Registered nurses, for purposes of meeting the	83243
requirement of division (B)(1) of section 5123.441 of the Revised	83244
Code to obtain a certificate or certificates to provide the MR/DD	83245
personnel training courses developed under section 5123.43 of the	83246
Revised Code.	83247

(B)(1) Except as provided in division (B)(2) of this section,	83248
to receive a certificate issued under this section, MR/DD	83249
personnel and registered nurses shall successfully complete the	83250
applicable training course or courses and meet all other	83251
applicable requirements established in rules adopted pursuant to	83252
this section. The department shall issue the appropriate	83253
certificate or certificates to MR/DD personnel and registered	83254
nurses who meet the requirements for the certificate or	83255
certificates.	83256

(2) The department shall include provisions in the program	83257
for issuing certificates to ~~the following:~~	83258

~~(a)~~ MR/DD personnel and registered nurses who~~, on March 31,~~	83259
~~2003, are authorized to provide care to individuals with mental~~	83260
~~retardation and developmental disabilities pursuant to section~~	83261
~~5123.193 or sections 5126.351 to 5126.354 of the Revised Code~~were	83262
required to be included in the certificate program pursuant to	83263
division (B)(2) of this section as that division existed	83264
immediately before the effective date of this amendment. ~~A person~~	83265
MR/DD personnel who ~~receives~~receive a certificate under division	83266
(B)(2)~~(a)~~ of this section shall not administer insulin until ~~the~~	83267
~~person has~~they have been trained by a registered nurse who has	83268
received a certificate under this section that allows the	83269
registered nurse to provide training courses to MR/DD personnel in	83270
the administration of insulin.	83271

~~(b) Registered nurses who, on March 31, 2003, are authorized~~	83272
~~to train MR/DD personnel to provide care to individuals with~~	83273
~~mental retardation and developmental disabilities pursuant to~~	83274
~~section 5123.193 or sections 5126.351 to 5126.354 of the Revised~~	83275
~~Code~~. A registered nurse who receives a certificate under division	83276
(B)(2)~~(b)~~ of this section shall not provide training courses to	83277
MR/DD personnel in the administration of insulin unless the	83278
registered nurse completes a course developed under section	83279
5123.44 of the Revised Code that enables the registered nurse to	83280
receive a certificate to provide training courses to MR/DD	83281
personnel in the administration of insulin.	83282

(C) Certificates issued to MR/DD personnel are valid for one	83283
year and may be renewed. Certificates issued to registered nurses	83284
are valid for two years and may be renewed.	83285

To be eligible for renewal, MR/DD personnel and registered	83286
nurses shall meet the applicable continued competency requirements	83287
and continuing education requirements specified in rules adopted	83288
under division (D) of this section. In the case of registered	83289
nurses, continuing nursing education completed in compliance with	83290
the license renewal requirements established under Chapter 4723.	83291
of the Revised Code may be counted toward meeting the continuing	83292
education requirements established in the rules adopted under	83293
division (D) of this section.	83294

(D) In accordance with section 5123.46 of the Revised Code,	83295
the department shall adopt rules that establish all of the	83296
following:	83297

(1) Requirements that MR/DD personnel and registered nurses	83298
must meet to be eligible to take a training course;	83299

(2) Standards that must be met to receive a certificate,	83300
including requirements pertaining to an applicant's criminal	83301
background;	83302

(3) Procedures to be followed in applying for a certificate	83303
and issuing a certificate;	83304

(4) Standards and procedures for renewing a certificate,	83305
including requirements for continuing education and, in the case	83306
of MR/DD personnel who administer prescribed medications,	83307
standards that require successful demonstration of proficiency in	83308
administering prescribed medications;	83309

(5) Standards and procedures for suspending or revoking a	83310
certificate;	83311

(6) Standards and procedures for suspending a certificate	83312
without a hearing pending the outcome of an investigation;	83313

(7) Any other standards or procedures the department	83314
considers necessary to administer the certification program.	83315

Sec. 5123.60. (A) As used in this section and section	83316
5123.601 of the Revised Code, "Ohio protection and advocacy	83317
system" means the nonprofit entity designated by the governor in	83318
accordance with H.B. 153 of the 129th general assembly to serve as	83319
the state's protection and advocacy system and client assistance	83320
program.	83321

(B) The Ohio protection and advocacy system shall provide	83322
both of the following:	83323

(1) Advocacy services for people with disabilities, as	83324
provided under section 101 of the "Developmental Disabilities	83325
Assistance and Bill of Rights Act of 2000," 114 Stat. 1678 (2000),	83326
42 U.S.C. 15001;	83327

(2) A client assistance program, as provided under section	83328
112 of the "Workforce Investment Act of 1998," 112 Stat. 1163	83329
(1998), 29 U.S.C. 732, as amended.	83330

(C) The Ohio protection and advocacy system may establish any	83331
guidelines necessary for its operation.	83332

~~Sec. 5123.60.~~ Sec. 5123.601. (A) ~~A legal rights service is hereby~~	83333
~~created and established to protect and advocate the rights of~~	83334
~~mentally ill persons, mentally retarded persons, developmentally~~	83335
~~disabled persons, and other disabled persons who may be~~	83336
~~represented by the service pursuant to division (L) of this~~	83337
~~section; to receive and act upon complaints concerning~~	83338
~~institutional and hospital practices and conditions of~~	83339
~~institutions for mentally retarded or developmentally disabled~~	83340
~~persons and hospitals for the mentally ill; and to assure that all~~	83341
~~persons detained, hospitalized, discharged, or institutionalized,~~	83342
~~and all persons whose detention, hospitalization, discharge, or~~	83343
~~institutionalization is sought or has been sought under this~~	83344
~~chapter or Chapter 5122. of the Revised Code are fully informed of~~	83345
~~their rights and adequately represented by counsel in proceedings~~	83346
~~under this chapter or Chapter 5122. of the Revised Code and in any~~	83347
~~proceedings to secure the rights of those persons. Notwithstanding~~	83348
~~the definitions of "mentally retarded person" and "developmentally~~	83349
~~disabled person" in section 5123.01 of the Revised Code, the legal~~	83350
~~rights service shall determine who is a mentally retarded or~~	83351
~~developmentally disabled person for purposes of this section and~~	83352
~~sections 5123.601 to 5123.604 of the Revised Code.~~	83353

~~(B)(1) In regard to those persons detained, hospitalized, or~~	83354
~~institutionalized under Chapter 5122. of the Revised Code, the~~	83355
~~legal rights service shall undertake formal representation only of~~	83356
~~those persons who are involuntarily detained, hospitalized, or~~	83357
~~institutionalized pursuant to sections 5122.10 to 5122.15 of the~~	83358
~~Revised Code, and those voluntarily detained, hospitalized, or~~	83359
~~institutionalized who are minors, who have been adjudicated~~	83360
~~incompetent, who have been detained, hospitalized, or~~	83361
~~institutionalized in a public hospital, or who have requested~~	83362
~~representation by the legal rights service.~~	83363

~~(2) If a person referred to in division (A) of this section~~	83364
~~voluntarily requests in writing that the legal rights service~~	83365
~~terminate participation in the person's case, such involvement~~	83366
~~shall cease.~~	83367

~~(3) Persons described in divisions (A) and (B)(1) of this~~	83368
~~section who are represented by the legal rights service are~~	83369
~~clients of the legal rights service.~~	83370

~~(C) Any person voluntarily hospitalized or institutionalized~~	83371
~~in a public hospital under division (A) of section 5122.02 of the~~	83372
~~Revised Code, after being fully informed of the person's rights~~	83373
~~under division (A) of this section, may, by written request, waive~~	83374
~~assistance by the legal rights service if the waiver is knowingly~~	83375
~~and intelligently made, without duress or coercion.~~	83376

~~The waiver may be rescinded at any time by the voluntary~~	83377
~~patient or resident, or by the voluntary patient's or resident's~~	83378
~~legal guardian.~~	83379

~~(D)(1) The legal rights service commission is hereby created~~	83380
~~for the purposes of appointing an administrator of the legal~~	83381
~~rights service, advising the administrator, assisting the~~	83382
~~administrator in developing a budget, advising the administrator~~	83383
~~in establishing and annually reviewing a strategic plan, creating~~	83384
~~a procedure for filing and determination of grievances against the~~	83385
~~legal rights service, and establishing general policy guidelines,~~	83386
~~including guidelines for the commencement of litigation, for the~~	83387
~~legal rights service. The commission may adopt rules to carry~~	83388
~~these purposes into effect and may receive and act upon appeals of~~	83389
~~personnel decisions by the administrator.~~	83390

~~(2) The commission shall consist of seven members. One~~	83391
~~member, who shall serve as chairperson, shall be appointed by the~~	83392
~~chief justice of the supreme court, three members shall be~~	83393
~~appointed by the speaker of the house of representatives, and~~	83394
~~three members shall be appointed by the president of the senate.~~	83395
~~At least two members shall have experience in the field of~~	83396
~~developmental disabilities, and at least two members shall have~~	83397
~~experience in the field of mental health. No member shall be a~~	83398
~~provider or related to a provider of services to mentally~~	83399
~~retarded, developmentally disabled, or mentally ill persons.~~	83400

~~(3) Terms of office of the members of the commission shall be~~	83401
~~for three years, each term ending on the same day of the month of~~	83402
~~the year as did the term which it succeeds. Each member shall~~	83403
~~serve subsequent to the expiration of the member's term until a~~	83404
~~successor is appointed and qualifies, or until sixty days has~~	83405
~~elapsed, whichever occurs first. No member shall serve more than~~	83406
~~two consecutive terms.~~	83407

~~All vacancies in the membership of the commission shall be~~	83408
~~filled in the manner prescribed for regular appointments to the~~	83409
~~commission and shall be limited to the unexpired terms.~~	83410

~~(4) The commission shall meet at least four times each year.~~	83411
~~Members shall be reimbursed for their necessary and actual~~	83412
~~expenses incurred in the performance of their official duties.~~	83413

~~(5) The administrator of the legal rights service shall serve~~	83414
~~at the pleasure of the commission.~~	83415

~~The administrator shall be an attorney admitted to practice~~	83416
~~law in this state. The salary of the administrator shall be~~	83417
~~established in accordance with section 124.14 of the Revised Code.~~	83418

~~(E) The legal rights service shall be completely independent~~	83419
~~of the department of mental health and the department of~~	83420
~~developmental disabilities and, notwithstanding section 109.02 of~~	83421
~~the Revised Code, shall also be independent of the office of the~~	83422
~~attorney general.~~ The ~~administrator of the legal rights service~~	83423
Ohio protection and advocacy system, staff, and attorneys	83424
designated by the ~~administrator~~system to represent persons	83425
detained, hospitalized, or institutionalized under this chapter or	83426
Chapter 5122. of the Revised Code shall have ready access to all	83427
of the following:	83428

(1) During normal business hours and at other reasonable	83429
times, all records, except records of community residential	83430
facilities and records of contract agencies of county boards of	83431
developmental disabilities and boards of alcohol, drug addiction,	83432
and mental health services, relating to expenditures of state and	83433
federal funds or to the commitment, care, treatment, and	83434
habilitation of all persons represented by the ~~legal rights~~	83435
~~service~~Ohio protection and advocacy system, including those who	83436
may be represented pursuant to division ~~(L)~~(D) of this section, or	83437
persons detained, hospitalized, institutionalized, or receiving	83438
services under this chapter or Chapter 340., 5119., 5122., or	83439
5126. of the Revised Code that are records maintained by the	83440
following entities providing services for those persons:	83441
departments; institutions; hospitals; boards of alcohol, drug	83442
addiction, and mental health services; county boards of	83443
developmental disabilities; and any other entity providing	83444
services to persons who may be represented by the ~~service~~Ohio	83445
protection and advocacy system pursuant to division ~~(L)~~(D) of this	83446
section;	83447

(2) Any records maintained in computerized data banks of the	83448
departments or boards or, in the case of persons who may be	83449
represented by the ~~service~~Ohio protection and advocacy system	83450
pursuant to division ~~(L)~~(D) of this section, any other entity that	83451
provides services to those persons;	83452

(3) During their normal working hours, personnel of the	83453
departments, facilities, boards, agencies, institutions,	83454
hospitals, and other service-providing entities;	83455

(4) At any time, all persons detained, hospitalized, or	83456
institutionalized; persons receiving services under this chapter	83457
or Chapter 340., 5119., 5122., or 5126. of the Revised Code; and	83458
persons who may be represented by the ~~service~~Ohio protection and	83459
advocacy system pursuant to division ~~(L)~~(D) of this section.	83460

(5) Records of a community residential facility, a contract	83461
agency of a board of alcohol, drug addiction, and mental health	83462
services, or a contract agency of a county board of developmental	83463
disabilities with one of the following consents:	83464

(a) The consent of the person, including when the person is a	83465
minor or has been adjudicated incompetent;	83466

(b) The consent of the person's guardian of the person, if	83467
any, or the parent if the person is a minor;	83468

(c) No consent, if the person is unable to consent for any	83469
reason, and the guardian of the person, if any, or the parent of	83470
the minor, has refused to consent or has not responded to a	83471
request for consent and either of the following has occurred:	83472

(i) A complaint regarding the person has been received by the	83473
~~legal rights service~~Ohio protection and advocacy system;	83474

(ii) The ~~legal rights service~~Ohio protection and advocacy	83475
system has determined that there is probable cause to believe that	83476
such person has been subjected to abuse or neglect.	83477

~~(F) The administrator of the legal rights service shall do~~	83478
~~the following:~~	83479

~~(1) Administer and organize the work of the legal rights~~	83480
~~service and establish administrative or geographic divisions as~~	83481
~~the administrator considers necessary, proper, and expedient;~~	83482

~~(2) Adopt and promulgate rules that are not in conflict with~~	83483
~~rules adopted by the commission and prescribe duties for the~~	83484
~~efficient conduct of the business and general administration of~~	83485
~~the legal rights service;~~	83486

~~(3) Appoint and discharge employees, and hire experts,~~	83487
~~consultants, advisors, or other professionally qualified persons~~	83488
~~as the administrator considers necessary to carry out the duties~~	83489
~~of the legal rights service;~~	83490

~~(4) Apply for and accept grants of funds, and accept~~	83491
~~charitable gifts and bequests;~~	83492

~~(5) Prepare and submit a budget to the general assembly for~~	83493
~~the operation of the legal rights service. At least thirty days~~	83494
~~prior to submitting the budget to the general assembly, the~~	83495
~~administrator shall provide a copy of the budget to the commission~~	83496
~~for review and comment. When submitting the budget to the general~~	83497
~~assembly, the administrator shall include a copy of any written~~	83498
~~comments returned by the commission to the administrator.~~	83499

~~(6) Enter into contracts and make expenditures necessary for~~	83500
~~the efficient operation of the legal rights service;~~	83501

~~(7) Annually prepare a report of activities and submit copies~~	83502
~~of the report to the governor, the chief justice of the supreme~~	83503
~~court, the president of the senate, the speaker of the house of~~	83504
~~representatives, the director of mental health, and the director~~	83505
~~of developmental disabilities, and make the report available to~~	83506
~~the public;~~	83507

~~(8) Upon request of the commission or of the chairperson of~~	83508
~~the commission, report to the commission on specific litigation~~	83509
~~issues or activities.~~	83510

~~(G)(1) The legal rights service may act directly or contract~~	83511
~~with other organizations or individuals for the provision of the~~	83512
~~services envisioned under this section.~~	83513

~~(2) Whenever possible, the administrator shall attempt to~~	83514
~~facilitate the resolution of complaints through administrative~~	83515
~~channels. Subject to division (G)(3) of this section, if attempts~~	83516
~~at administrative resolution prove unsatisfactory, the~~	83517
~~administrator may pursue any legal, administrative, and other~~	83518
~~appropriate remedies or approaches that may be necessary to~~	83519
~~accomplish the purposes of this section.~~	83520

~~(3) The administrator may not pursue a class action lawsuit~~	83521
~~under division (G)(2) of this section when attempts at~~	83522
~~administrative resolution of a complaint prove unsatisfactory~~	83523
~~under that division unless both of the following have first~~	83524
~~occurred:~~	83525

~~(a) At least four members of the commission, by their~~	83526
~~affirmative vote, have consented to the pursuit of the class~~	83527
~~action lawsuit;~~	83528

~~(b) At least five members of the commission are present at~~	83529
~~the meeting of the commission at which that consent is obtained.~~	83530

~~(4)~~(B) All records received or maintained by the ~~legal rights~~	83531
~~service~~Ohio protection and advocacy system in connection with any	83532
investigation, representation, or other activity under this	83533
section shall be confidential and shall not be disclosed except as	83534
authorized by the person represented by the ~~legal rights service~~	83535
Ohio protection and advocacy system or, subject to any privilege,	83536
a guardian of the person or parent of the minor. ~~Subject to~~	83537
~~division (G)(5) of this section, relationships~~Relationships	83538
between personnel and the agents of the ~~legal rights service~~Ohio	83539
protection and advocacy system and its clients shall be fiduciary	83540
relationships, and all communications shall be privileged as if	83541
between attorney and client.	83542

~~(5) Any person who has been represented by the legal rights~~	83543
~~service or who has applied for and been denied representation and~~	83544
~~who files a grievance with the service concerning the~~	83545
~~representation or application may appeal the decision of the~~	83546
~~service on the grievance to the commission. The person may appeal~~	83547
~~notwithstanding any objections of the person's legal guardian. The~~	83548
~~commission may examine any records relevant to the appeal and~~	83549
~~shall maintain the confidentiality of any records that are~~	83550
~~required to be kept confidential.~~	83551

~~(H)~~(C) The ~~legal rights service, on the order of the~~	83552
~~administrator, with the approval by an affirmative vote of at~~	83553
~~least four members of the commission,~~Ohio protection and advocacy	83554
system may compel by subpoena the appearance and sworn testimony	83555
of any person the ~~administrator~~Ohio protection and advocacy	83556
system reasonably believes may be able to provide information or	83557
to produce any documents, books, records, papers, or other	83558
information necessary to carry out its duties. On the refusal of	83559
any person to produce or authenticate any requested documents, the	83560
~~legal rights service~~Ohio protection and advocacy system may apply	83561
to the Franklin county court of common pleas to compel the	83562
production or authentication of requested documents. If the court	83563
finds that failure to produce or authenticate any requested	83564
documents was improper, the court may hold the person in contempt	83565
as in the case of disobedience of the requirements of a subpoena	83566
issued from the court, or a refusal to testify in the court.	83567

~~(I) The legal rights service may conduct public hearings.~~

83568

~~(J) The legal rights service may request from any~~	83569
~~governmental agency any cooperation, assistance, services, or data~~	83570
~~that will enable it to perform its duties.~~	83571

~~(K) In any malpractice action filed against the administrator~~	83572
~~of the legal rights service, a member of the staff of the legal~~	83573
~~rights service, or an attorney designated by the administrator to~~	83574
~~perform legal services under division (E) of this section, the~~	83575
~~state shall, when the administrator, member, or attorney has acted~~	83576
~~in good faith and in the scope of employment, indemnify the~~	83577
~~administrator, member, or attorney for any judgment awarded or~~	83578
~~amount negotiated in settlement, and for any court costs or legal~~	83579
~~fees incurred in defense of the claim.~~	83580

~~This division does not limit or waive, and shall not be~~	83581
~~construed to limit or waive, any defense that is available to the~~	83582
~~legal rights service, its administrator or employees, persons~~	83583
~~under a personal services contract with it, or persons designated~~	83584
~~under division (E) of this section, including, but not limited to,~~	83585
~~any defense available under section 9.86 of the Revised Code.~~	83586

~~(L)~~(D) In addition to providing services to mentally ill,	83587
mentally retarded, or developmentally disabled persons, when a	83588
grant authorizing the provision of services to other individuals	83589
is accepted ~~pursuant to division (F)(4) of this section~~by the	83590
Ohio protection and advocacy system, the ~~legal rights service and~~	83591
~~its ombudsperson section~~Ohio protection and advocacy system may	83592
provide advocacy ~~or ombudsperson services~~ to those other	83593
individuals and exercise any other authority granted by this	83594
section ~~or sections 5123.601 to 5123.604~~ of the Revised Code on	83595
behalf of those individuals. Determinations of whether an	83596
individual is eligible for services under this division shall be	83597
made by the ~~legal rights service~~Ohio protection and advocacy	83598
system.	83599

Sec. 5123.61. (A) As used in this section:

83600

(1) "Law enforcement agency" means the state highway patrol,	83601
the police department of a municipal corporation, or a county	83602
sheriff.	83603

(2) "Abuse" has the same meaning as in section 5123.50 of the	83604
Revised Code, except that it includes a misappropriation, as	83605
defined in that section.	83606

(3) "Neglect" has the same meaning as in section 5123.50 of	83607
the Revised Code.	83608

(B) The department of developmental disabilities shall	83609
establish a registry office for the purpose of maintaining reports	83610
of abuse, neglect, and other major unusual incidents made to the	83611
department under this section and reports received from county	83612
boards of developmental disabilities under section 5126.31 of the	83613
Revised Code. The department shall establish committees to review	83614
reports of abuse, neglect, and other major unusual incidents.	83615

(C)(1) Any person listed in division (C)(2) of this section,	83616
having reason to believe that a person with mental retardation or	83617
a developmental disability has suffered or faces a substantial	83618
risk of suffering any wound, injury, disability, or condition of	83619
such a nature as to reasonably indicate abuse or neglect of that	83620
person, shall immediately report or cause reports to be made of	83621
such information to the entity specified in this division. Except	83622
as provided in section 5120.173 of the Revised Code or as	83623
otherwise provided in this division, the person making the report	83624
shall make it to a law enforcement agency or to the county board	83625
of developmental disabilities. If the report concerns a resident	83626
of a facility operated by the department of developmental	83627
disabilities the report shall be made either to a law enforcement	83628
agency or to the department. If the report concerns any act or	83629
omission of an employee of a county board of developmental	83630
disabilities, the report immediately shall be made to the	83631
department and to the county board.	83632

(2) All of the following persons are required to make a	83633
report under division (C)(1) of this section:	83634

(a) Any physician, including a hospital intern or resident,	83635
any dentist, podiatrist, chiropractor, practitioner of a limited	83636
branch of medicine as specified in section 4731.15 of the Revised	83637
Code, hospital administrator or employee of a hospital, nurse	83638
licensed under Chapter 4723. of the Revised Code, employee of an	83639
ambulatory health facility as defined in section 5101.61 of the	83640
Revised Code, employee of a home health agency, employee of an	83641
adult care facility licensed under Chapter 3722. of the Revised	83642
Code, or employee of a community mental health facility;	83643

(b) Any school teacher or school authority, social worker,	83644
psychologist, attorney, peace officer, coroner, or residents'	83645
rights advocate as defined in section 3721.10 of the Revised Code;	83646

(c) A superintendent, board member, or employee of a county	83647
board of developmental disabilities; an administrator, board	83648
member, or employee of a residential facility licensed under	83649
section 5123.19 of the Revised Code; an administrator, board	83650
member, or employee of any other public or private provider of	83651
services to a person with mental retardation or a developmental	83652
disability, or any MR/DD employee, as defined in section 5123.50	83653
of the Revised Code;	83654

(d) A member of a citizen's advisory council established at	83655
an institution or branch institution of the department of	83656
developmental disabilities under section 5123.092 of the Revised	83657
Code;	83658

(e) A clergyman who is employed in a position that includes	83659
providing specialized services to an individual with mental	83660
retardation or another developmental disability, while acting in	83661
an official or professional capacity in that position, or a person	83662
who is employed in a position that includes providing specialized	83663
services to an individual with mental retardation or another	83664
developmental disability and who, while acting in an official or	83665
professional capacity, renders spiritual treatment through prayer	83666
in accordance with the tenets of an organized religion.	83667

(3)(a) The reporting requirements of this division do not	83668
apply to ~~members of the legal rights service commission or to~~	83669
employees of the ~~legal rights service~~Ohio protection and advocacy	83670
system.	83671

(b) An attorney or physician is not required to make a report	83672
pursuant to division (C)(1) of this section concerning any	83673
communication the attorney or physician receives from a client or	83674
patient in an attorney-client or physician-patient relationship,	83675
if, in accordance with division (A) or (B) of section 2317.02 of	83676
the Revised Code, the attorney or physician could not testify with	83677
respect to that communication in a civil or criminal proceeding,	83678
except that the client or patient is deemed to have waived any	83679
testimonial privilege under division (A) or (B) of section 2317.02	83680
of the Revised Code with respect to that communication and the	83681
attorney or physician shall make a report pursuant to division	83682
(C)(1) of this section, if both of the following apply:	83683

(i) The client or patient, at the time of the communication,	83684
is a person with mental retardation or a developmental disability.	83685

(ii) The attorney or physician knows or suspects, as a result	83686
of the communication or any observations made during that	83687
communication, that the client or patient has suffered or faces a	83688
substantial risk of suffering any wound, injury, disability, or	83689
condition of a nature that reasonably indicates abuse or neglect	83690
of the client or patient.	83691

(4) Any person who fails to make a report required under	83692
division (C) of this section and who is an MR/DD employee, as	83693
defined in section 5123.50 of the Revised Code, shall be eligible	83694
to be included in the registry regarding misappropriation, abuse,	83695
neglect, or other specified misconduct by MR/DD employees	83696
established under section 5123.52 of the Revised Code.	83697

(D) The reports required under division (C) of this section	83698
shall be made forthwith by telephone or in person and shall be	83699
followed by a written report. The reports shall contain the	83700
following:	83701

(1) The names and addresses of the person with mental	83702
retardation or a developmental disability and the person's	83703
custodian, if known;	83704

(2) The age of the person with mental retardation or a	83705
developmental disability;	83706

(3) Any other information that would assist in the	83707
investigation of the report.	83708

(E) When a physician performing services as a member of the	83709
staff of a hospital or similar institution has reason to believe	83710
that a person with mental retardation or a developmental	83711
disability has suffered injury, abuse, or physical neglect, the	83712
physician shall notify the person in charge of the institution or	83713
that person's designated delegate, who shall make the necessary	83714
reports.	83715

(F) Any person having reasonable cause to believe that a	83716
person with mental retardation or a developmental disability has	83717
suffered or faces a substantial risk of suffering abuse or neglect	83718
may report or cause a report to be made of that belief to the	83719
entity specified in this division. Except as provided in section	83720
5120.173 of the Revised Code or as otherwise provided in this	83721
division, the person making the report shall make it to a law	83722
enforcement agency or the county board of developmental	83723
disabilities. If the person is a resident of a facility operated	83724
by the department of developmental disabilities, the report shall	83725
be made to a law enforcement agency or to the department. If the	83726
report concerns any act or omission of an employee of a county	83727
board of developmental disabilities, the report immediately shall	83728
be made to the department and to the county board.	83729

(G)(1) Upon the receipt of a report concerning the possible	83730
abuse or neglect of a person with mental retardation or a	83731
developmental disability, the law enforcement agency shall inform	83732
the county board of developmental disabilities or, if the person	83733
is a resident of a facility operated by the department of	83734
developmental disabilities, the director of the department or the	83735
director's designee.	83736

(2) On receipt of a report under this section that includes	83737
an allegation of action or inaction that may constitute a crime	83738
under federal law or the law of this state, the department of	83739
developmental disabilities shall notify the law enforcement	83740
agency.	83741

(3) When a county board of developmental disabilities	83742
receives a report under this section that includes an allegation	83743
of action or inaction that may constitute a crime under federal	83744
law or the law of this state, the superintendent of the board or	83745
an individual the superintendent designates under division (H) of	83746
this section shall notify the law enforcement agency. The	83747
superintendent or individual shall notify the department of	83748
developmental disabilities when it receives any report under this	83749
section.	83750

(4) When a county board of developmental disabilities	83751
receives a report under this section and believes that the degree	83752
of risk to the person is such that the report is an emergency, the	83753
superintendent of the board or an employee of the board the	83754
superintendent designates shall attempt a face-to-face contact	83755
with the person with mental retardation or a developmental	83756
disability who allegedly is the victim within one hour of the	83757
board's receipt of the report.	83758

(H) The superintendent of the board may designate an	83759
individual to be responsible for notifying the law enforcement	83760
agency and the department when the county board receives a report	83761
under this section.	83762

(I) An adult with mental retardation or a developmental	83763
disability about whom a report is made may be removed from the	83764
adult's place of residence only by law enforcement officers who	83765
consider that the adult's immediate removal is essential to	83766
protect the adult from further injury or abuse or in accordance	83767
with the order of a court made pursuant to section 5126.33 of the	83768
Revised Code.	83769

(J) A law enforcement agency shall investigate each report of	83770
abuse or neglect it receives under this section. In addition, the	83771
department, in cooperation with law enforcement officials, shall	83772
investigate each report regarding a resident of a facility	83773
operated by the department to determine the circumstances	83774
surrounding the injury, the cause of the injury, and the person	83775
responsible. The investigation shall be in accordance with the	83776
memorandum of understanding prepared under section 5126.058 of the	83777
Revised Code. The department shall determine, with the registry	83778
office which shall be maintained by the department, whether prior	83779
reports have been made concerning an adult with mental retardation	83780
or a developmental disability or other principals in the case. If	83781
the department finds that the report involves action or inaction	83782
that may constitute a crime under federal law or the law of this	83783
state, it shall submit a report of its investigation, in writing,	83784
to the law enforcement agency. If the person with mental	83785
retardation or a developmental disability is an adult, with the	83786
consent of the adult, the department shall provide such protective	83787
services as are necessary to protect the adult. The law	83788
enforcement agency shall make a written report of its findings to	83789
the department.	83790

If the person is an adult and is not a resident of a facility	83791
operated by the department, the county board of developmental	83792
disabilities shall review the report of abuse or neglect in	83793
accordance with sections 5126.30 to 5126.33 of the Revised Code	83794
and the law enforcement agency shall make the written report of	83795
its findings to the county board.	83796

(K) Any person or any hospital, institution, school, health	83797
department, or agency participating in the making of reports	83798
pursuant to this section, any person participating as a witness in	83799
an administrative or judicial proceeding resulting from the	83800
reports, or any person or governmental entity that discharges	83801
responsibilities under sections 5126.31 to 5126.33 of the Revised	83802
Code shall be immune from any civil or criminal liability that	83803
might otherwise be incurred or imposed as a result of such actions	83804
except liability for perjury, unless the person or governmental	83805
entity has acted in bad faith or with malicious purpose.	83806

(L) No employer or any person with the authority to do so	83807
shall discharge, demote, transfer, prepare a negative work	83808
performance evaluation, reduce pay or benefits, terminate work	83809
privileges, or take any other action detrimental to an employee or	83810
retaliate against an employee as a result of the employee's having	83811
made a report under this section. This division does not preclude	83812
an employer or person with authority from taking action with	83813
regard to an employee who has made a report under this section if	83814
there is another reasonable basis for the action.	83815

(M) Reports made under this section are not public records as	83816
defined in section 149.43 of the Revised Code. Information	83817
contained in the reports on request shall be made available to the	83818
person who is the subject of the report, to the person's legal	83819
counsel, and to agencies authorized to receive information in the	83820
report by the department or by a county board of developmental	83821
disabilities.	83822

(N) Notwithstanding section 4731.22 of the Revised Code, the	83823
physician-patient privilege shall not be a ground for excluding	83824
evidence regarding the injuries or physical neglect of a person	83825
with mental retardation or a developmental disability or the cause	83826
thereof in any judicial proceeding resulting from a report	83827
submitted pursuant to this section.	83828

Sec. 5123.63. Every state agency, county board of	83829
developmental disabilities, or political subdivision that provides	83830
services, either directly or through a contract, to persons with	83831
mental retardation or a developmental disability shall give each	83832
provider a copy of the list of rights contained in section 5123.62	83833
of the Revised Code. Each public and private provider of services	83834
shall carry out the requirements of this section in addition to	83835
any other posting or notification requirements imposed by local,	83836
state, or federal law or rules.	83837

The provider shall make copies of the list of rights and	83838
shall be responsible for an initial distribution of the list to	83839
each individual receiving services from the provider. If the	83840
individual is unable to read the list, the provider shall	83841
communicate the contents of the list to the individual to the	83842
extent practicable in a manner that the individual understands.	83843
The individual receiving services or the parent, guardian, or	83844
advocate of the individual shall sign an acknowledgement of	83845
receipt of a copy of the list of rights, and a copy of the signed	83846
acknowledgement shall be placed in the individual's file. The	83847
provider shall also be responsible for answering any questions and	83848
giving any explanations necessary to assist the individual to	83849
understand the rights enumerated. Instruction in these rights	83850
shall be documented.	83851

Each provider shall make available to all persons receiving	83852
services and all employees and visitors a copy of the list of	83853
rights and the addresses and telephone numbers of the ~~legal rights~~	83854
~~service~~Ohio protection and advocacy system, the department of	83855
developmental disabilities, and the county board of developmental	83856
disabilities of the county in which the provider provides	83857
services.	83858

Sec. 5123.64. (A) Every provider of services to persons with	83859
mental retardation or a developmental disability shall establish	83860
policies and programs to ensure that all staff members are	83861
familiar with the rights enumerated in section 5123.62 of the	83862
Revised Code and observe those rights in their contacts with	83863
persons receiving services. Any policy, procedure, or rule of the	83864
provider that conflicts with any of the rights enumerated shall be	83865
null and void. Every provider shall establish written procedures	83866
for resolving complaints of violations of those rights. A copy of	83867
the procedures shall be provided to any person receiving services	83868
or to any parent, guardian, or advocate of a person receiving	83869
services.	83870

(B) Any person with mental retardation or a developmental	83871
disability who believes that the person's rights as enumerated in	83872
section 5123.62 of the Revised Code have been violated may:	83873

(1) Bring the violation to the attention of the provider for	83874
resolution;	83875

(2) Report the violation to the department of developmental	83876
disabilities, the ~~ombudsperson section of the legal rights service~~	83877
Ohio protection and advocacy system, or the appropriate county	83878
board of developmental disabilities;	83879

(3) Take any other appropriate action to ensure compliance	83880
with sections ~~5123.60~~5123.61 to 5123.64 of the Revised Code,	83881
including the filing of a legal action to enforce rights or to	83882
recover damages for violation of rights.	83883

Sec. 5123.69. (A) Except as provided in division ~~(E)~~(D) of	83884
this section, any person who is eighteen years of age or older and	83885
who is or believes self to be mentally retarded may make written	83886
application to the managing officer of any institution for	83887
voluntary admission. Except as provided in division ~~(E)~~(D) of this	83888
section, the application may be made on behalf of a minor by a	83889
parent or guardian, and on behalf of an adult adjudicated mentally	83890
incompetent by a guardian.	83891

(B) The managing officer of an institution, with the	83892
concurrence of the chief program director, may admit a person	83893
applying pursuant to this section only after a comprehensive	83894
evaluation has been made of the person and only if the	83895
comprehensive evaluation concludes that the person is mentally	83896
retarded and would benefit significantly from admission.	83897

(C) ~~If application for voluntary admission of a minor or of a~~	83898
~~person adjudicated mentally incompetent is made by the parent or~~	83899
~~guardian of the minor or by the guardian of an incompetent and the~~	83900
~~minor or incompetent is admitted, the probate division of the~~	83901
~~court of common pleas shall determine, upon petition by the legal~~	83902
~~rights service, whether the voluntary admission or continued~~	83903
~~institutionalization is in the best interest of the minor or~~	83904
~~incompetent.~~	83905

~~(D)~~ The managing officer shall discharge any voluntary	83906
resident if, in the judgment of the chief program director, the	83907
results of a comprehensive examination indicate that	83908
institutionalization no longer is advisable. In light of the	83909
results of the comprehensive evaluation, the managing officer also	83910
may discharge any voluntary resident if, in the judgment of the	83911
chief program director, the discharge would contribute to the most	83912
effective use of the institution in the habilitation and care of	83913
the mentally retarded.	83914

~~(E)~~(D) A person who is found incompetent to stand trial or	83915
not guilty by reason of insanity and who is committed pursuant to	83916
section 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised	83917
Code shall not voluntarily commit self pursuant to this section	83918
until after the final termination of the commitment, as described	83919
in division (J) of section 2945.401 of the Revised Code.	83920

Sec. 5123.701. (A) Except as provided in division ~~(E)~~(D) of	83921
this section, any person in the community who is eighteen years of	83922
age or older and who is or believes self to be mentally retarded	83923
may make written application to the managing officer of any	83924
institution for temporary admission for short-term care. The	83925
application may be made on behalf of a minor by a parent or	83926
guardian, and on behalf of an adult adjudicated mentally	83927
incompetent by a guardian.	83928

(B) For purposes of this section, short-term care shall be	83929
defined to mean appropriate services provided to a person with	83930
mental retardation for no more than fourteen consecutive days and	83931
for no more than forty-two days in a fiscal year. When	83932
circumstances warrant, the fourteen-day period may be extended at	83933
the discretion of the managing officer. Short-term care is	83934
provided in a developmental center to meet the family's or	83935
caretaker's needs for separation from the person with mental	83936
retardation.	83937

(C) The managing officer of an institution, with the	83938
concurrence of the chief program director, may admit a person for	83939
short-term care only after a medical examination has been made of	83940
the person and only if the managing officer concludes that the	83941
person is mentally retarded.	83942

(D) ~~If application for admission for short-term care of a~~	83943
~~minor or of a person adjudicated mentally incompetent is made by~~	83944
~~the minor's parent or guardian or by the incompetent's guardian~~	83945
~~and the minor or incompetent is admitted, the probate division of~~	83946
~~the court of common pleas shall determine, upon petition by the~~	83947
~~legal rights service, whether the admission for short-term care is~~	83948
~~in the best interest of the minor or the incompetent.~~	83949

~~(E)~~ A person who is found not guilty by reason of insanity	83950
shall not admit self to an institution for short-term care unless	83951
a hearing was held regarding the person pursuant to division (A)	83952
of section 2945.40 of the Revised Code and either of the following	83953
applies:	83954

(1) The person was found at the hearing not to be a mentally	83955
retarded person subject to institutionalization by court order;	83956

(2) The person was found at the hearing to be a mentally	83957
retarded person subject to institutionalization by court order,	83958
was involuntarily committed, and was finally discharged.	83959

~~(F)~~(E) The mentally retarded person, liable relatives, and	83960
guardians of mentally retarded persons admitted for respite care	83961
shall pay support charges in accordance with sections 5121.01 to	83962
5121.21 of the Revised Code.	83963

~~(G)~~(F) At the conclusion of each period of short-term care,	83964
the person shall return to the person's family or caretaker. Under	83965
no circumstances shall a person admitted for short-term care	83966
according to this section remain in the institution after the	83967
period of short-term care unless the person is admitted according	83968
to section 5123.70, sections 5123.71 to 5123.76, or section	83969
2945.38, 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised	83970
Code.	83971

Sec. 5123.86. (A) Except as provided in divisions (C), (D),	83972
(E), and (F) of this section, the chief medical officer shall	83973
provide all information, including expected physical and medical	83974
consequences, necessary to enable any resident of an institution	83975
for the mentally retarded to give a fully informed, intelligent,	83976
and knowing consent if any of the following procedures are	83977
proposed:	83978

(1) Surgery;

83979

(2) Convulsive therapy;

83980

(3) Major aversive interventions;

83981

(4) Sterilization;

83982

(5) Experimental procedures;

83983

(6) Any unusual or hazardous treatment procedures.

83984

(B) No resident shall be subjected to any of the procedures	83985
listed in division (A)(4), (5), or (6) of this section without the	83986
resident's informed consent.	83987

(C) If a resident is physically or mentally unable to receive	83988
the information required for surgery under division (A)(1) of this	83989
section, or has been adjudicated incompetent, the information may	83990
be provided to the resident's natural or court-appointed guardian,	83991
including an agency providing guardianship services under contract	83992
with the department of developmental disabilities under sections	83993
5123.55 to 5123.59 of the Revised Code, who may give the informed,	83994
intelligent, and knowing written consent for surgery. Consent for	83995
surgery shall not be provided by a guardian who is an officer or	83996
employee of the department of mental health or the department of	83997
developmental disabilities.	83998

If a resident is physically or mentally unable to receive the	83999
information required for surgery under division (A)(1) of this	84000
section and has no guardian, then the information, the	84001
recommendation of the chief medical officer, and the concurring	84002
judgment of a licensed physician who is not a full-time employee	84003
of the state may be provided to the court in the county in which	84004
the institution is located, which may approve the surgery. Before	84005
approving the surgery, the court shall notify the ~~legal rights~~	84006
~~service~~Ohio protection and advocacy system created by section	84007
5123.60 of the Revised Code, and shall notify the resident of the	84008
resident's rights to consult with counsel, to have counsel	84009
appointed by the court if the resident is indigent, and to contest	84010
the recommendation of the chief medical officer.	84011

(D) If, in the judgment of two licensed physicians, delay in	84012
obtaining consent for surgery would create a grave danger to the	84013
health of a resident, emergency surgery may be performed without	84014
the consent of the resident if the necessary information is	84015
provided to the resident's guardian, including an agency providing	84016
guardianship services under contract with the department of	84017
developmental disabilities under sections 5123.55 to 5123.59 of	84018
the Revised Code, or to the resident's spouse or next of kin to	84019
enable that person or agency to give an informed, intelligent, and	84020
knowing written consent.	84021

If the guardian, spouse, or next of kin cannot be contacted	84022
through exercise of reasonable diligence, or if the guardian,	84023
spouse, or next of kin is contacted, but refuses to consent, then	84024
the emergency surgery may be performed upon the written	84025
authorization of the chief medical officer and after court	84026
approval has been obtained. However, if delay in obtaining court	84027
approval would create a grave danger to the life of the resident,	84028
the chief medical officer may authorize surgery, in writing,	84029
without court approval. If the surgery is authorized without court	84030
approval, the chief medical officer who made the authorization and	84031
the physician who performed the surgery shall each execute an	84032
affidavit describing the circumstances constituting the emergency	84033
and warranting the surgery and the circumstances warranting their	84034
not obtaining prior court approval. The affidavit shall be filed	84035
with the court with which the request for prior approval would	84036
have been filed within five court days after the surgery, and a	84037
copy of the affidavit shall be placed in the resident's file and	84038
shall be given to the guardian, spouse, or next of kin of the	84039
resident, to the hospital at which the surgery was performed, and	84040
to the ~~legal rights service~~Ohio protection and advocacy system	84041
created by section 5123.60 of the Revised Code.	84042

(E)(1) If it is the judgment of two licensed physicians, as	84043
described in division (E)(2) of this section, that a medical	84044
emergency exists and delay in obtaining convulsive therapy creates	84045
a grave danger to the life of a resident who is both mentally	84046
retarded and mentally ill, convulsive therapy may be administered	84047
without the consent of the resident if the resident is physically	84048
or mentally unable to receive the information required for	84049
convulsive therapy and if the necessary information is provided to	84050
the resident's natural or court-appointed guardian, including an	84051
agency providing guardianship services under contract with the	84052
department of developmental disabilities under sections 5123.55 to	84053
5123.59 of the Revised Code, or to the resident's spouse or next	84054
of kin to enable that person or agency to give an informed,	84055
intelligent, and knowing written consent. If neither the	84056
resident's guardian, spouse, nor next of kin can be contacted	84057
through exercise of reasonable diligence, or if the guardian,	84058
spouse, or next of kin is contacted, but refuses to consent, then	84059
convulsive therapy may be performed upon the written authorization	84060
of the chief medical officer and after court approval has been	84061
obtained.	84062

(2) The two licensed physicians referred to in division	84063
(E)(1) of this section shall not be associated with each other in	84064
the practice of medicine or surgery by means of a partnership or	84065
corporate arrangement, other business arrangement, or employment.	84066
At least one of the physicians shall be a psychiatrist as defined	84067
in division (E) of section 5122.01 of the Revised Code.	84068

(F) Major aversive interventions shall not be used unless a	84069
resident continues to engage in behavior destructive to self or	84070
others after other forms of therapy have been attempted. ~~The~~	84071
~~director of the legal rights service created by section 5123.60 of~~	84072
~~the Revised Code shall be notified of any proposed major aversive~~	84073
~~intervention.~~ Major aversive interventions shall not be applied to	84074
a voluntary resident without the informed, intelligent, and	84075
knowing written consent of the resident or the resident's	84076
guardian, including an agency providing guardianship services	84077
under contract with the department of developmental disabilities	84078
under sections 5123.55 to 5123.59 of the Revised Code.	84079

(G)(1) This chapter does not authorize any form of compulsory	84080
medical or psychiatric treatment of any resident who is being	84081
treated by spiritual means through prayer alone in accordance with	84082
a recognized religious method of healing.	84083

(2) For purposes of this section, "convulsive therapy" does	84084
not include defibrillation.	84085

Sec. 5123.99. (A) Whoever violates section 5123.16 or	84086
5123.20 of the Revised Code is guilty of a misdemeanor of the	84087
first degree.	84088

(B) Whoever violates division (C), (E), or (G)(3) of section	84089
5123.61 of the Revised Code is guilty of a misdemeanor of the	84090
fourth degree or, if the abuse or neglect constitutes a felony, a	84091
misdemeanor of the second degree. In addition to any other	84092
sanction or penalty authorized or required by law, if a person who	84093
is convicted of or pleads guilty to a violation of division (C),	84094
(E), or (G)(3) of section 5123.61 of the Revised Code is an MR/DD	84095
employee, as defined in section 5123.50 of the Revised Code, the	84096
offender shall be eligible to be included in the registry	84097
regarding misappropriation, abuse, neglect, or other specified	84098
misconduct by MR/DD employees established under section 5123.52 of	84099
the Revised Code.	84100

~~(C) Whoever violates division (A) of section 5123.604 of the~~	84101
~~Revised Code is guilty of a misdemeanor of the second degree.~~	84102

~~(D) Whoever violates division (B) of section 5123.604 of the~~	84103
~~Revised Code shall be fined not more than one thousand dollars.~~	84104
~~Each violation constitutes a separate offense.~~	84105

Sec. 5126.01. As used in this chapter:

84106

(A) As used in this division, "adult" means an individual who	84107
is eighteen years of age or over and not enrolled in a program or	84108
service under Chapter 3323. of the Revised Code and an individual	84109
sixteen or seventeen years of age who is eligible for adult	84110
services under rules adopted by the director of developmental	84111
disabilities pursuant to Chapter 119. of the Revised Code.	84112

(1) "Adult services" means services provided to an adult	84113
outside the home, except when they are provided within the home	84114
according to an individual's assessed needs and identified in an	84115
individual service plan, that support learning and assistance in	84116
the area of self-care, sensory and motor development,	84117
socialization, daily living skills, communication, community	84118
living, social skills, or vocational skills.	84119

(2) "Adult services" includes all of the following:

84120

(a) Adult day habilitation services;

84121

(b) Adult day care;

84122

84123

(d) Sheltered employment;

84124

(e) Educational experiences and training obtained through	84125
entities and activities that are not expressly intended for	84126
individuals with mental retardation and developmental	84127
disabilities, including trade schools, vocational or technical	84128
schools, adult education, job exploration and sampling, unpaid	84129
work experience in the community, volunteer activities, and	84130
spectator sports;	84131

(f) Community employment services and supported employment	84132
services.	84133

(B)(1) "Adult day habilitation services" means adult services	84134
that do the following:	84135

(a) Provide access to and participation in typical activities	84136
and functions of community life that are desired and chosen by the	84137
general population, including such activities and functions as	84138
opportunities to experience and participate in community	84139
exploration, companionship with friends and peers, leisure	84140
activities, hobbies, maintaining family contacts, community	84141
events, and activities where individuals without disabilities are	84142
involved;	84143

(b) Provide supports or a combination of training and	84144
supports that afford an individual a wide variety of opportunities	84145
to facilitate and build relationships and social supports in the	84146
community.	84147

(2) "Adult day habilitation services" includes all of the	84148
following:	84149

(a) Personal care services needed to ensure an individual's	84150
ability to experience and participate in vocational services,	84151
educational services, community activities, and any other adult	84152
day habilitation services;	84153

(b) Skilled services provided while receiving adult day	84154
habilitation services, including such skilled services as behavior	84155
management intervention, occupational therapy, speech and language	84156
therapy, physical therapy, and nursing services;	84157

(c) Training and education in self-determination designed to	84158
help the individual do one or more of the following: develop	84159
self-advocacy skills, exercise the individual's civil rights,	84160
acquire skills that enable the individual to exercise control and	84161
responsibility over the services received, and acquire skills that	84162
enable the individual to become more independent, integrated, or	84163
productive in the community;	84164

(d) Recreational and leisure activities identified in the	84165
individual's service plan as therapeutic in nature or assistive in	84166
developing or maintaining social supports;	84167

(e) Counseling and assistance provided to obtain housing,	84168
including such counseling as identifying options for either rental	84169
or purchase, identifying financial resources, assessing needs for	84170
environmental modifications, locating housing, and planning for	84171
ongoing management and maintenance of the housing selected;	84172

(f) Transportation necessary to access adult day habilitation	84173
services;	84174

(g) Habilitation management, as described in section 5126.14	84175
of the Revised Code.	84176

(3) "Adult day habilitation services" does not include	84177
activities that are components of the provision of residential	84178
services, family support services, or supported living services.	84179

84180

(1) In the case of a member of a county board of	84181
developmental disabilities appointed by, or to be appointed by, a	84182
board of county commissioners, the board of county commissioners;	84183

(2) In the case of a member of a county board appointed by,	84184
or to be appointed by, a senior probate judge, the senior probate	84185
judge.	84186

(D) "Community employment services" or "supported employment	84187
services" means job training and other services related to	84188
employment outside a sheltered workshop. "Community employment	84189
services" or "supported employment services" include all of the	84190
following:	84191

(1) Job training resulting in the attainment of competitive	84192
work, supported work in a typical work environment, or	84193
self-employment;	84194

(2) Supervised work experience through an employer paid to	84195
provide the supervised work experience;	84196

(3) Ongoing work in a competitive work environment at a wage	84197
commensurate with workers without disabilities;	84198

(4) Ongoing supervision by an employer paid to provide the	84199
supervision.	84200

(E) As used in this division, "substantial functional	84201
limitation," "developmental delay," and "established risk" have	84202
the meanings established pursuant to section 5123.011 of the	84203
Revised Code.	84204

"Developmental disability" means a severe, chronic disability	84205
that is characterized by all of the following:	84206

(1) It is attributable to a mental or physical impairment or	84207
a combination of mental and physical impairments, other than a	84208
mental or physical impairment solely caused by mental illness as	84209
defined in division (A) of section 5122.01 of the Revised Code;	84210

(2) It is manifested before age twenty-two;

84211

(3) It is likely to continue indefinitely;

84212

(4) It results in one of the following:

84213

(a) In the case of a person under age three, at least one	84214
developmental delay or an established risk;	84215

(b) In the case of a person at least age three but under age	84216
six, at least two developmental delays or an established risk;	84217

(c) In the case of a person age six or older, a substantial	84218
functional limitation in at least three of the following areas of	84219
major life activity, as appropriate for the person's age:	84220
self-care, receptive and expressive language, learning, mobility,	84221
self-direction, capacity for independent living, and, if the	84222
person is at least age sixteen, capacity for economic	84223
self-sufficiency.	84224

(5) It causes the person to need a combination and sequence	84225
of special, interdisciplinary, or other type of care, treatment,	84226
or provision of services for an extended period of time that is	84227
individually planned and coordinated for the person.	84228

(F) "Early childhood services" means a planned program of	84229
habilitation designed to meet the needs of individuals with mental	84230
retardation or other developmental disabilities who have not	84231
attained compulsory school age.	84232

(G)(1) "Environmental modifications" means the physical	84233
adaptations to an individual's home, specified in the individual's	84234
service plan, that are necessary to ensure the individual's	84235
health, safety, and welfare or that enable the individual to	84236
function with greater independence in the home, and without which	84237
the individual would require institutionalization.	84238

(2) "Environmental modifications" includes such adaptations	84239
as installation of ramps and grab-bars, widening of doorways,	84240
modification of bathroom facilities, and installation of	84241
specialized electric and plumbing systems necessary to accommodate	84242
the individual's medical equipment and supplies.	84243

(3) "Environmental modifications" does not include physical	84244
adaptations or improvements to the home that are of general	84245
utility or not of direct medical or remedial benefit to the	84246
individual, including such adaptations or improvements as	84247
carpeting, roof repair, and central air conditioning.	84248

(H) "Family support services" means the services provided	84249
under a family support services program operated under section	84250
5126.11 of the Revised Code.	84251

(I) "Habilitation" means the process by which the staff of	84252
the facility or agency assists an individual with mental	84253
retardation or other developmental disability in acquiring and	84254
maintaining those life skills that enable the individual to cope	84255
more effectively with the demands of the individual's own person	84256
and environment, and in raising the level of the individual's	84257
personal, physical, mental, social, and vocational efficiency.	84258
Habilitation includes, but is not limited to, programs of formal,	84259
structured education and training.	84260

(J) "Home and community-based services" means medicaid-funded	84261
home and community-based services specified in division (B)(1) of	84262
section 5111.87 of the Revised Code and provided under the	84263
medicaid waiver components the department of developmental	84264
disabilities administers pursuant to section 5111.871 of the	84265
Revised Code. However, home and community-based services provided	84266
under the medicaid waiver component known as the transitions	84267
developmental disabilities waiver are to be considered to be home	84268
and community-based services for the purposes of this chapter only	84269
to the extent, if any, provided by the contract required by	84270
section 5111.871 of the Revised Code regarding the waiver.	84271

(K) "Immediate family" means parents, grandparents, brothers,	84272
sisters, spouses, sons, daughters, aunts, uncles, mothers-in-law,	84273
fathers-in-law, brothers-in-law, sisters-in-law, sons-in-law, and	84274
daughters-in-law.	84275

(L) "Medicaid" has the same meaning as in section 5111.01 of	84276
the Revised Code.	84277

(M) "Medicaid case management services" means case management	84278
services provided to an individual with mental retardation or	84279
other developmental disability that the state medicaid plan	84280
requires.	84281

(N) "Mental retardation" means a mental impairment manifested	84282
during the developmental period characterized by significantly	84283
subaverage general intellectual functioning existing concurrently	84284
with deficiencies in the effectiveness or degree with which an	84285
individual meets the standards of personal independence and social	84286
responsibility expected of the individual's age and cultural	84287
group.	84288

(O) "Residential services" means services to individuals with	84289
mental retardation or other developmental disabilities to provide	84290
housing, food, clothing, habilitation, staff support, and related	84291
support services necessary for the health, safety, and welfare of	84292
the individuals and the advancement of their quality of life.	84293
"Residential services" includes program management, as described	84294
in section 5126.14 of the Revised Code.	84295

(P) "Resources" means available capital and other assets,	84296
including moneys received from the federal, state, and local	84297
governments, private grants, and donations; appropriately	84298
qualified personnel; and appropriate capital facilities and	84299
equipment.	84300

(Q) "Senior probate judge" means the current probate judge of	84301
a county who has served as probate judge of that county longer	84302
than any of the other current probate judges of that county. If a	84303
county has only one probate judge, "senior probate judge" means	84304
that probate judge.	84305

(R) "Service and support administration" means the duties	84306
performed by a service and support administrator pursuant to	84307
section 5126.15 of the Revised Code.	84308

(S)(1) "Specialized medical, adaptive, and assistive	84309
equipment, supplies, and supports" means equipment, supplies, and	84310
supports that enable an individual to increase the ability to	84311
perform activities of daily living or to perceive, control, or	84312
communicate within the environment.	84313

(2) "Specialized medical, adaptive, and assistive equipment,	84314
supplies, and supports" includes the following:	84315

(a) Eating utensils, adaptive feeding dishes, plate guards,	84316
mylatex straps, hand splints, reaches, feeder seats, adjustable	84317
pointer sticks, interpreter services, telecommunication devices	84318
for the deaf, computerized communications boards, other	84319
communication devices, support animals, veterinary care for	84320
support animals, adaptive beds, supine boards, prone boards,	84321
wedges, sand bags, sidelayers, bolsters, adaptive electrical	84322
switches, hand-held shower heads, air conditioners, humidifiers,	84323
emergency response systems, folding shopping carts, vehicle lifts,	84324
vehicle hand controls, other adaptations of vehicles for	84325
accessibility, and repair of the equipment received.	84326

(b) Nondisposable items not covered by medicaid that are	84327
intended to assist an individual in activities of daily living or	84328
instrumental activities of daily living.	84329

(T) "Supportive home services" means a range of services to	84330
families of individuals with mental retardation or other	84331
developmental disabilities to develop and maintain increased	84332
acceptance and understanding of such persons, increased ability of	84333
family members to teach the person, better coordination between	84334
school and home, skills in performing specific therapeutic and	84335
management techniques, and ability to cope with specific	84336
situations.	84337

(U)(1) "Supported living" means services provided for as long	84338
as twenty-four hours a day to an individual with mental	84339
retardation or other developmental disability through any public	84340
or private resources, including moneys from the individual, that	84341
enhance the individual's reputation in community life and advance	84342
the individual's quality of life by doing the following:	84343

(a) Providing the support necessary to enable an individual	84344
to live in a residence of the individual's choice, with any number	84345
of individuals who are not disabled, or with not more than three	84346
individuals with mental retardation and developmental disabilities	84347
unless the individuals are related by blood or marriage;	84348

(b) Encouraging the individual's participation in the	84349
community;	84350

84351

(d) Assisting the individual in acquiring, retaining, and	84352
improving the skills and competence necessary to live successfully	84353
in the individual's residence.	84354

(2) "Supported living" includes the provision of all of the	84355
following:	84356

(a) Housing, food, clothing, habilitation, staff support,	84357
professional services, and any related support services necessary	84358
to ensure the health, safety, and welfare of the individual	84359
receiving the services;	84360

(b) A combination of lifelong or extended-duration	84361
supervision, training, and other services essential to daily	84362
living, including assessment and evaluation and assistance with	84363
the cost of training materials, transportation, fees, and	84364
supplies;	84365

84366

(d) Household maintenance that does not include modifications	84367
to the physical structure of the residence;	84368

(e) Respite care services;

84369

(f) Program management, as described in section 5126.14 of	84370
the Revised Code.	84371

Sec. 5126.029. (A) Each county board of developmental	84372
disabilities shall hold an organizational meeting no later than	84373
the thirty-first day of January of each year and shall elect its	84374
officers, which shall include a president, vice-president, and	84375
recording secretary. After its annual organizational meeting, the	84376
board shall meet in such manner and at such times as prescribed by	84377
rules adopted by the board, but the board shall meet at least ~~ten~~	84378
the following number of times annually in regularly scheduled	84379
sessions in accordance with section 121.22 of the Revised Code,	84380
not including in-service training sessions:	84381

(1) Unless division (A)(2) of this section applies to the	84382
board, ten;	84383

(2) If the board shares a superintendent or other	84384
administrative staff with one or more other boards of	84385
developmental disabilities, eight. A	84386

(B) A majority of the board constitutes a quorum. The board	84387
shall adopt rules for the conduct of its business and a record	84388
shall be kept of board proceedings, which shall be open for public	84389
inspection.	84390

Sec. 5126.04. (A) Each county board of developmental	84391
disabilities shall plan and set priorities based on available	84392
resources for the provision of facilities, programs, and other	84393
services to meet the needs of county residents who are individuals	84394
with mental retardation and other developmental disabilities,	84395
former residents of the county residing in state institutions or,	84396
before the effective date of this amendment, placed under purchase	84397
of service agreements under section 5123.18 of the Revised Code,	84398
and children subject to a determination made pursuant to section	84399
121.38 of the Revised Code.	84400

Each county board shall assess the facility and service needs	84401
of the individuals with mental retardation and other developmental	84402
disabilities who are residents of the county or former residents	84403
of the county residing in state institutions or, before the	84404
effective date of this amendment, placed under purchase of service	84405
agreements under section 5123.18 of the Revised Code.	84406

Each county board shall require individual habilitation or	84407
service plans for individuals with mental retardation and other	84408
developmental disabilities who are being served or who have been	84409
determined eligible for services and are awaiting the provision of	84410
services. Each board shall ensure that methods of having their	84411
service needs evaluated are available.	84412

(B)(1) If a foster child is in need of assessment for	84413
eligible services or is receiving services from a county board of	84414
developmental disabilities and that child is placed in a different	84415
county, the agency that placed the child, immediately upon	84416
placement, shall inform the county board in the new county all of	84417
the following:	84418

(a) That a foster child has been placed in that county;

84419

(b) The name and other identifying information of the foster	84420
child;	84421

(c) The name of the foster child's previous county of	84422
residence;	84423

(d) That the foster child was in need of assessment for	84424
eligible services or was receiving services from the county board	84425
of developmental disabilities in the previous county.	84426

(2) Upon receiving the notice described in division (B)(1) of	84427
this section or otherwise learning that the child was in need of	84428
assessment for eligible services or was receiving services from a	84429
county board of developmental disabilities in the previous county,	84430
the county board in the new county shall communicate with the	84431
county board of the previous county to determine how services for	84432
the foster child shall be provided in accordance with each board's	84433
plan and priorities as described in division (A) of this section.	84434

If the two county boards are unable to reach an agreement	84435
within ten days of the child's placement, the county board in the	84436
new county shall send notice to the Ohio department of	84437
developmental disabilities of the failure to agree. The department	84438
shall decide how services shall be provided for the foster child	84439
within ten days of receiving notice that the county boards could	84440
not reach an agreement. The department may decide that one, or	84441
both, of the county boards shall provide services. The services	84442
shall be provided in accordance with the board's plan and	84443
priorities as described in division (A) of this section.	84444

(C) The department of developmental disabilities may adopt	84445
rules in accordance with Chapter 119. of the Revised Code as	84446
necessary to implement this section. To the extent that rules	84447
adopted under this section apply to the identification and	84448
placement of children with disabilities under Chapter 3323. of the	84449
Revised Code, the rules shall be consistent with the standards and	84450
procedures established under sections 3323.03 to 3323.05 of the	84451
Revised Code.	84452

(D) The responsibility or authority of a county board to	84453
provide services under this chapter does not affect the	84454
responsibility of any other entity of state or local government to	84455
provide services to individuals with mental retardation and	84456
developmental disabilities.	84457

(E) On or before the first day of February prior to a school	84458
year, a county board of developmental disabilities may elect not	84459
to participate during that school year in the provision of or	84460
contracting for educational services for children ages six through	84461
twenty-one years of age, provided that on or before that date the	84462
board gives notice of this election to the superintendent of	84463
public instruction, each school district in the county, and the	84464
educational service center serving the county. If a board makes	84465
this election, it shall not have any responsibility for or	84466
authority to provide educational services that school year for	84467
children ages six through twenty-one years of age. If a board does	84468
not make an election for a school year in accordance with this	84469
division, the board shall be deemed to have elected to participate	84470
during that school year in the provision of or contracting for	84471
educational services for children ages six through twenty-one	84472
years of age.	84473

(F) If a county board of developmental disabilities elects to	84474
provide educational services during a school year to individuals	84475
six through twenty-one years of age who have multiple	84476
disabilities, the board may provide these services to individuals	84477
who are appropriately identified and determined eligible pursuant	84478
to Chapter 3323. of the Revised Code, and in accordance with	84479
applicable rules of the state board of education. The county board	84480
may also provide related services to individuals six through	84481
twenty-one years of age who have one or more disabling conditions,	84482
in accordance with section 3317.20 and Chapter 3323. of the	84483
Revised Code and applicable rules of the state board of education.	84484

Sec. 5126.042. ~~(A) As used in this section:~~

84485

~~(1) "Emergency" means any situation that creates for an~~	84486
~~individual with mental retardation or developmental disabilities a~~	84487
~~risk of substantial self-harm or substantial harm to others if~~	84488
~~action is not taken within thirty days. An "emergency" may include~~	84489
~~one or more of the following situations:~~	84490

~~(a) Loss of present residence for any reason, including legal~~	84491
~~action;~~	84492

~~(b) Loss of present caretaker for any reason, including~~	84493
~~serious illness of the caretaker, change in the caretaker's~~	84494
~~status, or inability of the caretaker to perform effectively for~~	84495
~~the individual;~~	84496

~~(c) Abuse, neglect, or exploitation of the individual;~~

84497

~~(d) Health and safety conditions that pose a serious risk to~~	84498
~~the individual or others of immediate harm or death;~~	84499

~~(e) Change in the emotional or physical condition of the~~	84500
~~individual that necessitates substantial accommodation that cannot~~	84501
~~be reasonably provided by the individual's existing caretaker.~~	84502

~~(2) "Service substitution list" means a service substitution~~	84503
~~list established by a county board of developmental disabilities~~	84504
~~before September 1, 2008, pursuant to division (B) of this section~~	84505
~~as this section existed on the day immediately before September 1,~~	84506
~~2008.~~	84507

~~(B) If a~~Each county board of developmental disabilities	84508
~~determines that available resources are not sufficient to meet the~~	84509
~~needs of all individuals who request programs and services and may~~	84510
~~be offered the programs and services, it~~ shall establish waiting	84511
lists for services in accordance with rules the director of	84512
developmental disabilities shall adopt in accordance with Chapter	84513
119. of the Revised Code. ~~The board may establish priorities for~~	84514
~~making placements on its waiting lists according to an~~	84515
~~individual's emergency status and shall establish priorities in~~	84516
~~accordance with divisions (D) and (E) of this section~~All of the	84517
following apply to the rules adopted under this section:	84518

(A) The rules may include standards for determining which	84519
individuals on a waiting list should have priority for a service	84520
for which the waiting list is established.	84521

(B) The rules shall include procedures to be followed to	84522
ensure that the due process rights of individuals on a waiting	84523
list are not violated.	84524

84525

(1) Medicaid rules and regulations;

84526

(2) Any specific requirements that may be contained within a	84527
medicaid state plan amendment or waiver program that a county	84528
board has authority to administer or with respect to which it has	84529
authority to provide services.	84530

~~The individuals who may be placed on a waiting list include~~	84531
~~individuals with a need for services on an emergency basis and~~	84532
~~individuals who have requested services for which resources are~~	84533
~~not available.~~	84534

~~An individual placed on a county board's service substitution~~	84535
~~list before September 1, 2008, for the purpose of obtaining home~~	84536
~~and community-based services shall be deemed to have been placed~~	84537
~~on the county board's waiting list for home and community-based~~	84538
~~services on the date the individual made a request to the county~~	84539
~~board that the individual receive home and community-based~~	84540
~~services instead of the services the individual received at the~~	84541
~~time the request for home and community-based services was made to~~	84542
~~the county board.~~	84543

~~(C) A county board shall establish a separate waiting list~~	84544
~~for each of the following categories of services, and may~~	84545
~~establish separate waiting lists within the waiting lists:~~	84546

~~(1) Early childhood services;~~

84547

~~(2) Educational programs for preschool and school age~~	84548
~~children;~~	84549

~~(3) Adult services;~~

84550

~~(4) Service and support administration;~~

84551

~~(5) Residential services and supported living;~~

84552

~~(6) Transportation services;~~

84553

~~(7) Other services determined necessary and appropriate for~~	84554
~~persons with mental retardation or a developmental disability~~	84555
~~according to their individual habilitation or service plans;~~	84556

~~(8) Family support services provided under section 5126.11 of~~	84557
~~the Revised Code.~~	84558

~~(D) Except as provided in division (G) of this section, a~~	84559
~~county board shall do, as priorities, all of the following in~~	84560
~~accordance with the assessment component, approved under section~~	84561
~~5123.046 of the Revised Code, of the county board's plan developed~~	84562
~~under section 5126.054 of the Revised Code:~~	84563

~~(1) For the purpose of obtaining additional federal medicaid~~	84564
~~funds for home and community-based services and medicaid case~~	84565
~~management services, do both of the following:~~	84566

~~(a) Give an individual who is eligible for home and~~	84567
~~community-based services and meets both of the following~~	84568
~~requirements priority over any other individual on a waiting list~~	84569
~~established under division (C) of this section for home and~~	84570
~~community-based services that include supported living,~~	84571
~~residential services, or family support services:~~	84572

~~(i) Is twenty-two years of age or older;~~

84573

~~(ii) Receives supported living or family support services.~~

84574

~~(b) Give an individual who is eligible for home and~~	84575
~~community-based services and meets both of the following~~	84576
~~requirements priority over any other individual on a waiting list~~	84577
~~established under division (C) of this section for home and~~	84578
~~community-based services that include adult services:~~	84579

~~(i) Resides in the individual's own home or the home of the~~	84580
~~individual's family and will continue to reside in that home after~~	84581
~~enrollment in home and community-based services;~~	84582

~~(ii) Receives adult services from the county board.~~

84583

~~(2) As federal medicaid funds become available pursuant to~~	84584
~~division (D)(1) of this section, give an individual who is~~	84585
~~eligible for home and community-based services and meets any of~~	84586
~~the following requirements priority for such services over any~~	84587
~~other individual on a waiting list established under division (C)~~	84588
~~of this section:~~	84589

~~(a) Does not receive residential services or supported~~	84590
~~living, either needs services in the individual's current living~~	84591
~~arrangement or will need services in a new living arrangement, and~~	84592
~~has a primary caregiver who is sixty years of age or older;~~	84593

~~(b) Is less than twenty-two years of age and has at least one~~	84594
~~of the following service needs that are unusual in scope or~~	84595
~~intensity:~~	84596

~~(i) Severe behavior problems for which a behavior support~~	84597
~~plan is needed;~~	84598

~~(ii) An emotional disorder for which anti-psychotic~~	84599
~~medication is needed;~~	84600

~~(iii) A medical condition that leaves the individual~~	84601
~~dependent on life-support medical technology;~~	84602

~~(iv) A condition affecting multiple body systems for which a~~	84603
~~combination of specialized medical, psychological, educational, or~~	84604
~~habilitation services are needed;~~	84605

~~(v) A condition the county board determines to be comparable~~	84606
~~in severity to any condition described in divisions (D)(2)(b)(i)~~	84607
~~to (iv) of this section and places the individual at significant~~	84608
~~risk of institutionalization.~~	84609

~~(c) Is twenty-two years of age or older, does not receive~~	84610
~~residential services or supported living, and is determined by the~~	84611
~~county board to have intensive needs for home and community-based~~	84612
~~services on an in-home or out-of-home basis.~~	84613

~~(E) Except as provided in division (G) of this section and~~	84614
~~for a number of years and beginning on a date specified in rules~~	84615
~~adopted under division (K) of this section, a county board shall~~	84616
~~give an individual who is eligible for home and community-based~~	84617
~~services, resides in a nursing facility, and chooses to move to~~	84618
~~another setting with the help of home and community-based~~	84619
~~services, priority over any other individual on a waiting list~~	84620
~~established under division (C) of this section for home and~~	84621
~~community-based services who does not meet these criteria.~~	84622

~~(F) If two or more individuals on a waiting list established~~	84623
~~under division (C) of this section for home and community-based~~	84624
~~services have priority for the services pursuant to division~~	84625
~~(D)(1) or (2) or (E) of this section, a county board may use~~	84626
~~criteria specified in rules adopted under division (K)(2) of this~~	84627
~~section in determining the order in which the individuals with~~	84628
~~priority will be offered the services. Otherwise, the county board~~	84629
~~shall offer the home and community-based services to such~~	84630
~~individuals in the order they are placed on the waiting list.~~	84631

~~(G) No individual may receive priority for services pursuant~~	84632
~~to division (D) or (E) of this section over an individual placed~~	84633
~~on a waiting list established under division (C) of this section~~	84634
~~on an emergency status.~~	84635

~~(H) Prior to establishing any waiting list under this~~	84636
~~section, a county board shall develop and implement a policy for~~	84637
~~waiting lists that complies with this section and rules adopted~~	84638
~~under division (K) of this section.~~	84639

~~Prior to placing an individual on a waiting list, the county~~	84640
~~board shall assess the service needs of the individual in~~	84641
~~accordance with all applicable state and federal laws. The county~~	84642
~~board shall place the individual on the appropriate waiting list~~	84643
~~and may place the individual on more than one waiting list. The~~	84644
~~county board shall notify the individual of the individual's~~	84645
~~placement and position on each waiting list on which the~~	84646
~~individual is placed.~~	84647

~~At least annually, the county board shall reassess the~~	84648
~~service needs of each individual on a waiting list. If it~~	84649
~~determines that an individual no longer needs a program or~~	84650
~~service, the county board shall remove the individual from the~~	84651
~~waiting list. If it determines that an individual needs a program~~	84652
~~or service other than the one for which the individual is on the~~	84653
~~waiting list, the county board shall provide the program or~~	84654
~~service to the individual or place the individual on a waiting~~	84655
~~list for the program or service in accordance with the board's~~	84656
~~policy for waiting lists.~~	84657

~~When a program or service for which there is a waiting list~~	84658
~~becomes available, the county board shall reassess the service~~	84659
~~needs of the individual next scheduled on the waiting list to~~	84660
~~receive that program or service. If the reassessment demonstrates~~	84661
~~that the individual continues to need the program or service, the~~	84662
~~board shall offer the program or service to the individual. If it~~	84663
~~determines that an individual no longer needs a program or~~	84664
~~service, the county board shall remove the individual from the~~	84665
~~waiting list. If it determines that an individual needs a program~~	84666
~~or service other than the one for which the individual is on the~~	84667
~~waiting list, the county board shall provide the program or~~	84668
~~service to the individual or place the individual on a waiting~~	84669
~~list for the program or service in accordance with the board's~~	84670
~~policy for waiting lists. The county board shall notify the~~	84671
~~individual of the individual's placement and position on the~~	84672
~~waiting list on which the individual is placed.~~	84673

~~(I) A child subject to a determination made pursuant to~~	84674
~~section 121.38 of the Revised Code who requires the home and~~	84675
~~community-based services provided through a medicaid component~~	84676
~~that the department of developmental disabilities administers~~	84677
~~under section 5111.871 of the Revised Code shall receive services~~	84678
~~through that medicaid component. For all other services, a child~~	84679
~~subject to a determination made pursuant to section 121.38 of the~~	84680
~~Revised Code shall be treated as an emergency by the county boards~~	84681
~~and shall not be subject to a waiting list.~~	84682

~~(J) Not later than the fifteenth day of March of each~~	84683
~~even-numbered year, each county board shall prepare and submit to~~	84684
~~the director of developmental disabilities its recommendations for~~	84685
~~the funding of services for individuals with mental retardation~~	84686
~~and developmental disabilities and its proposals for reducing the~~	84687
~~waiting lists for services.~~	84688

~~(K)(1) The department of developmental disabilities shall~~	84689
~~adopt rules in accordance with Chapter 119. of the Revised Code~~	84690
~~governing waiting lists established under this section. The rules~~	84691
~~shall include procedures to be followed to ensure that the due~~	84692
~~process rights of individuals placed on waiting lists are not~~	84693
~~violated.~~	84694

~~(2) As part of the rules adopted under this division, the~~	84695
~~department shall adopt rules establishing criteria a county board~~	84696
~~may use under division (F) of this section in determining the~~	84697
~~order in which individuals with priority for home and~~	84698
~~community-based services will be offered the services. The rules~~	84699
~~shall also specify conditions under which a county board, when~~	84700
~~there is no individual with priority for home and community-based~~	84701
~~services pursuant to division (D)(1) or (2) or (E) of this section~~	84702
~~available and appropriate for the services, may offer the services~~	84703
~~to an individual on a waiting list for the services but not given~~	84704
~~such priority for the services.~~	84705

~~(3) As part of the rules adopted under this division, the~~	84706
~~department shall adopt rules specifying both of the following for~~	84707
~~the priority category established under division (E) of this~~	84708
~~section:~~	84709

~~(a) The number of years, which shall not exceed five, that~~	84710
~~the priority category will be in effect;~~	84711

~~(b) The date that the priority category is to go into effect.~~

84712

~~(L) The following shall take precedence over the applicable~~	84713
~~provisions of this section:~~	84714

~~(1) Medicaid rules and regulations;~~

84715

~~(2) Any specific requirements that may be contained within a~~	84716
~~medicaid state plan amendment or waiver program that a county~~	84717
~~board has authority to administer or with respect to which it has~~	84718
~~authority to provide services, programs, or supports.~~	84719

Sec. 5126.05. (A) Subject to the rules established by the	84720
director of developmental disabilities pursuant to Chapter 119. of	84721
the Revised Code for programs and services offered pursuant to	84722
this chapter, and subject to the rules established by the state	84723
board of education pursuant to Chapter 119. of the Revised Code	84724
for programs and services offered pursuant to Chapter 3323. of the	84725
Revised Code, the county board of developmental disabilities	84726
shall:	84727

(1) Administer and operate facilities, programs, and services	84728
as provided by this chapter and Chapter 3323. of the Revised Code	84729
and establish policies for their administration and operation;	84730

(2) Coordinate, monitor, and evaluate existing services and	84731
facilities available to individuals with mental retardation and	84732
developmental disabilities;	84733

(3) Provide early childhood services, supportive home	84734
services, and adult services, according to the plan and priorities	84735
developed under section 5126.04 of the Revised Code;	84736

(4) Provide or contract for special education services	84737
pursuant to Chapters ~~3306.,~~ 3317. and 3323. of the Revised Code	84738
and ensure that related services, as defined in section 3323.01 of	84739
the Revised Code, are available according to the plan and	84740
priorities developed under section 5126.04 of the Revised Code;	84741

(5) Adopt a budget, authorize expenditures for the purposes	84742
specified in this chapter and do so in accordance with section	84743
319.16 of the Revised Code, approve attendance of board members	84744
and employees at professional meetings and approve expenditures	84745
for attendance, and exercise such powers and duties as are	84746
prescribed by the director;	84747

(6) Submit annual reports of its work and expenditures,	84748
pursuant to sections 3323.09 and 5126.12 of the Revised Code, to	84749
the director, the superintendent of public instruction, and the	84750
board of county commissioners at the close of the fiscal year and	84751
at such other times as may reasonably be requested;	84752

(7) Authorize all positions of employment, establish	84753
compensation, including but not limited to salary schedules and	84754
fringe benefits for all board employees, approve contracts of	84755
employment for management employees that are for a term of more	84756
than one year, employ legal counsel under section 309.10 of the	84757
Revised Code, and contract for employee benefits;	84758

(8) Provide service and support administration in accordance	84759
with section 5126.15 of the Revised Code;	84760

(9) Certify respite care homes pursuant to rules adopted	84761
under section 5123.171 of the Revised Code by the director of	84762
developmental disabilities.	84763

(B) To the extent that rules adopted under this section apply	84764
to the identification and placement of children with disabilities	84765
under Chapter 3323. of the Revised Code, they shall be consistent	84766
with the standards and procedures established under sections	84767
3323.03 to 3323.05 of the Revised Code.	84768

(C) Any county board may enter into contracts with other such	84769
boards and with public or private, nonprofit, or profit-making	84770
agencies or organizations of the same or another county, to	84771
provide the facilities, programs, and services authorized or	84772
required, upon such terms as may be agreeable, and in accordance	84773
with this chapter and Chapter 3323. of the Revised Code and rules	84774
adopted thereunder and in accordance with sections 307.86 and	84775
5126.071 of the Revised Code.	84776

(D) A county board may combine transportation for children	84777
and adults enrolled in programs and services offered under ~~section~~	84778
~~5126.12~~Chapter 5126. of the Revised Code with transportation for	84779
children enrolled in classes funded under section 3317.20 or units	84780
approved under section 3317.05 of the Revised Code.	84781

(E) A county board may purchase all necessary insurance	84782
policies, may purchase equipment and supplies through the	84783
department of administrative services or from other sources, and	84784
may enter into agreements with public agencies or nonprofit	84785
organizations for cooperative purchasing arrangements.	84786

(F) A county board may receive by gift, grant, devise, or	84787
bequest any moneys, lands, or property for the benefit of the	84788
purposes for which the board is established and hold, apply, and	84789
dispose of the moneys, lands, and property according to the terms	84790
of the gift, grant, devise, or bequest. All money received by	84791
gift, grant, bequest, or disposition of lands or property received	84792
by gift, grant, devise, or bequest shall be deposited in the	84793
county treasury to the credit of such board and shall be available	84794
for use by the board for purposes determined or stated by the	84795
donor or grantor, but may not be used for personal expenses of the	84796
board members. Any interest or earnings accruing from such gift,	84797
grant, devise, or bequest shall be treated in the same manner and	84798
subject to the same provisions as such gift, grant, devise, or	84799
bequest.	84800

(G) The board of county commissioners shall levy taxes and	84801
make appropriations sufficient to enable the county board of	84802
developmental disabilities to perform its functions and duties,	84803
and may utilize any available local, state, and federal funds for	84804
such purpose.	84805

Sec. 5126.054. (A) Each county board of developmental	84806
disabilities shall, by resolution, develop a three-calendar year	84807
plan that includes the following three components:	84808

(1) An assessment component that includes all of the	84809
following:	84810

(a) The number of individuals with mental retardation or	84811
other developmental disability residing in the county who need the	84812
level of care provided by an intermediate care facility for the	84813
mentally retarded, may seek home and community-based services, and	84814
are given priority on a waiting list established for the services	84815
pursuant to ~~division (D) of~~ section 5126.042 of the Revised Code;	84816
the service needs of those individuals; and the projected	84817
annualized cost for services;	84818

(b) The source of funds available to the county board to pay	84819
the nonfederal share of medicaid expenditures that the county	84820
board is required by sections 5126.059 and 5126.0510 of the	84821
Revised Code to pay;	84822

(c) Any other applicable information or conditions that the	84823
department of developmental disabilities requires as a condition	84824
of approving the component under section 5123.046 of the Revised	84825
Code.	84826

(2) A preliminary implementation component that specifies the	84827
number of individuals to be provided, during the first year that	84828
the plan is in effect, home and community-based services pursuant	84829
to the priority on a waiting list established under section	84830
5126.042 of the Revised Code given to them ~~under divisions (D)(1)~~	84831
~~and (2) of~~pursuant to rules adopted under that section ~~5126.042~~	84832
~~of the Revised Code~~ and the types of home and community-based	84833
services the individuals are to receive;	84834

(3) A component that provides for the implementation of	84835
medicaid case management services and home and community-based	84836
services for individuals who begin to receive the services on or	84837
after the date the plan is approved under section 5123.046 of the	84838
Revised Code. A county board shall include all of the following in	84839
the component:	84840

(a) If the department of developmental disabilities or	84841
department of job and family services requires, an agreement to	84842
pay the nonfederal share of medicaid expenditures that the county	84843
board is required by sections 5126.059 and 5126.0510 of the	84844
Revised Code to pay;	84845

(b) How the services are to be phased in over the period the	84846
plan covers, including how the county board will serve individuals	84847
who have priority on a waiting list established under ~~division (C)~~	84848
of section 5126.042 ~~who are given priority status under division~~	84849
~~(D)(1) of that section~~of the Revised Code;	84850

(c) Any agreement or commitment regarding the county board's	84851
funding of home and community-based services that the county board	84852
has with the department at the time the county board develops the	84853
component;	84854

(d) Assurances adequate to the department that the county	84855
board will comply with all of the following requirements:	84856

(i) To provide the types of home and community-based services	84857
specified in the preliminary implementation component required by	84858
division (A)(2) of this section to at least the number of	84859
individuals specified in that component;	84860

(ii) To use any additional funds the county board receives	84861
for the services to improve the county board's resource	84862
capabilities for supporting such services available in the county	84863
at the time the component is developed and to expand the services	84864
to accommodate the unmet need for those services in the county;	84865

(iii) To employ or contract with a business manager or enter	84866
into an agreement with another county board of developmental	84867
disabilities that employs or contracts with a business manager to	84868
have the business manager serve both county boards. No	84869
superintendent of a county board may serve as the county board's	84870
business manager.	84871

(iv) To employ or contract with a medicaid services manager	84872
or enter into an agreement with another county board of	84873
developmental disabilities that employs or contracts with a	84874
medicaid services manager to have the medicaid services manager	84875
serve both county boards. No superintendent of a county board may	84876
serve as the county board's medicaid services manager.	84877

(e) Programmatic and financial accountability measures and	84878
projected outcomes expected from the implementation of the plan;	84879

(f) Any other applicable information or conditions that the	84880
department requires as a condition of approving the component	84881
under section 5123.046 of the Revised Code.	84882

(B) A county board whose plan developed under division (A) of	84883
this section is approved by the department under section 5123.046	84884
of the Revised Code shall update and renew the plan in accordance	84885
with a schedule the department shall develop.	84886

Sec. 5126.0510. (A) Except as otherwise provided in an	84887
agreement entered into under section 5123.048 of the Revised Code	84888
and subject to divisions (B), (C), and (D) of this section, a	84889
county board of developmental disabilities shall pay the	84890
nonfederal share of medicaid expenditures for the following home	84891
and community-based services provided to an individual with mental	84892
retardation or other developmental disability who the county board	84893
determines under section 5126.041 of the Revised Code is eligible	84894
for county board services:	84895

(1) Home and community-based services provided by the county	84896
board to such an individual;	84897

(2) Home and community-based services provided by a provider	84898
other than the county board to such an individual who is enrolled	84899
as of June 30, 2007, in the medicaid waiver component under which	84900
the services are provided;	84901

(3) Home and community-based services provided by a provider	84902
other than the county board to such an individual who, pursuant to	84903
a request the county board makes, enrolls in the medicaid waiver	84904
component under which the services are provided after June 30,	84905
2007;	84906

(4) Home and community-based services provided by a provider	84907
other than the county board to such an individual for whom there	84908
is in effect an agreement entered into under division (E) of this	84909
section between the county board and director of developmental	84910
disabilities.	84911

(B) In the case of medicaid expenditures for home and	84912
community-based services for which division (A)(2) of this section	84913
requires a county board to pay the nonfederal share, the following	84914
shall apply to such services provided during fiscal year 2008	84915
under the individual options medicaid waiver component:	84916

(1) The county board shall pay no less than the total amount	84917
the county board paid as the nonfederal share for home and	84918
community-based services provided in fiscal year 2007 under the	84919
individual options medicaid waiver component;	84920

(2) The county board shall pay no more than the sum of the	84921
following:	84922

(a) The total amount the county board paid as the nonfederal	84923
share for home and community-based services provided in fiscal	84924
year 2007 under the individual options medicaid waiver component;	84925

(b) An amount equal to one per cent of the total amount the	84926
department of developmental disabilities and county board paid as	84927
the nonfederal share for home and community-based services	84928
provided in fiscal year 2007 under the individual options medicaid	84929
waiver component to individuals the county board determined under	84930
section 5126.041 of the Revised Code are eligible for county board	84931
services.	84932

(C) A county board is not required to pay the nonfederal	84933
share of home and community-based services provided after June 30,	84934
2008, that the county board is otherwise required by division	84935
(A)(2) of this section to pay if the department of developmental	84936
disabilities fails to comply with division (A) of section	84937
5123.0416 of the Revised Code.	84938

(D) A county board is not required to pay the nonfederal	84939
share of home and community-based services that the county board	84940
is otherwise required by division (A)(3) of this section to pay if	84941
both of the following apply:	84942

(1) The services are provided to an individual who enrolls in	84943
the medicaid waiver component under which the services are	84944
provided as the result of an order issued following a state	84945
hearing, administrative appeal, or appeal to a court of common	84946
pleas made under section 5101.35 of the Revised Code;	84947

(2) There are more individuals who are eligible for services	84948
from the county board enrolled in ~~the medicaid waiver component~~	84949
home and community-based services than is required by section	84950
5126.0512 of the Revised Code.	84951

(E) A county board may enter into an agreement with the	84952
director of developmental disabilities under which the county	84953
board agrees to pay the nonfederal share of medicaid expenditures	84954
for one or more home and community-based services that the county	84955
board is not otherwise required by division (A)(1), (2), or (3) of	84956
this section to pay and that are provided to an individual the	84957
county board determines under section 5126.041 of the Revised Code	84958
is eligible for county board services. The agreement shall specify	84959
which home and community-based services the agreement covers. The	84960
county board shall pay the nonfederal share of medicaid	84961
expenditures for the home and community-based services that the	84962
agreement covers as long as the agreement is in effect.	84963

Sec. 5126.0511. (A) A county board of developmental	84964
disabilities may use the following funds to pay the nonfederal	84965
share of the medicaid expenditures that the county board is	84966
required by sections 5126.059 and 5126.0510 of the Revised Code to	84967
pay:	84968

(1) To the extent consistent with the levy that generated the	84969
taxes, the following taxes:	84970

(a) Taxes levied pursuant to division (L) of section 5705.19	84971
of the Revised Code and section 5705.222 of the Revised Code;	84972

(b) Taxes levied under section 5705.191 of the Revised Code	84973
that the board of county commissioners allocates to the county	84974
board.	84975

(2) Funds that the department of developmental disabilities	84976
distributes to the county board under ~~sections 5126.11 and~~section	84977
5126.18 of the Revised Code and for purposes of the family support	84978
services program established under section 5126.11 of the Revised	84979
Code;	84980

(3) Earned federal revenue funds the county board receives	84981
for medicaid services the county board provides pursuant to the	84982
county board's valid medicaid provider agreement;	84983

(4) Funds that the department of developmental disabilities	84984
distributes to the county board as subsidy payments;	84985

(5) In the case of medicaid expenditures for home and	84986
community-based services, funds allocated to or otherwise made	84987
available for the county board under section 5123.0416 of the	84988
Revised Code to pay the nonfederal share of such medicaid	84989
expenditures.	84990

(B) Each year, each county board shall adopt a resolution	84991
specifying the amount of funds it will use in the next year to pay	84992
the nonfederal share of the medicaid expenditures that the county	84993
board is required by sections 5126.059 and 5126.0510 of the	84994
Revised Code to pay. The amount specified shall be adequate to	84995
assure that the services for which the medicaid expenditures are	84996
made will be available in the county in a manner that conforms to	84997
all applicable state and federal laws. A county board shall state	84998
in its resolution that the payment of the nonfederal share	84999
represents an ongoing financial commitment of the county board. A	85000
county board shall adopt the resolution in time for the county	85001
auditor to make the determination required by division (C) of this	85002
section.	85003

(C) Each year, a county auditor shall determine whether the	85004
amount of funds a county board specifies in the resolution it	85005
adopts under division (B) of this section will be available in the	85006
following year for the county board to pay the nonfederal share of	85007
the medicaid expenditures that the county board is required by	85008
sections 5126.059 and 5126.0510 of the Revised Code to pay. The	85009
county auditor shall make the determination not later than the	85010
last day of the year before the year in which the funds are to be	85011
used.	85012

Sec. 5126.0512. (A) ~~As used in this section, "medicaid~~	85013
~~waiver component" means a medicaid waiver component as defined in~~	85014
~~section 5111.85 of the Revised Code under which home and~~	85015
~~community-based services are provided.~~	85016

~~(B) Effective July 1, 2007, and except~~Except as provided in	85017
rules adopted under section 5123.0413 of the Revised Code, each	85018
county board of developmental disabilities shall ensure~~, for each~~	85019
~~medicaid waiver component,~~ that the number of individuals eligible	85020
under section 5126.041 of the Revised Code for services from the	85021
county board who are enrolled in ~~a medicaid waiver component~~home	85022
and community-based services is no less than the sum of the	85023
following:	85024

(1) The number of individuals eligible for services from the	85025
county board who are enrolled in ~~the medicaid waiver component~~	85026
home and community-based services on June 30, 2007;	85027

(2) The number of ~~medicaid waiver component~~home and	85028
community-based services slots the county board requested before	85029
July 1, 2007, that were assigned to the county board before that	85030
date but in which no individual was enrolled before that date.	85031

~~(C)~~(B) An individual enrolled in ~~a medicaid waiver component~~	85032
home and community-based services after March 1, 2007, due to an	85033
emergency reserve capacity waiver assignment shall not be counted	85034
in determining the number of individuals a county board must	85035
ensure under division ~~(B)~~(A) of this section are enrolled in a	85036
~~medicaid waiver component~~home and community-based services.	85037

~~(D)~~(C) An individual who is enrolled in ~~a medicaid waiver~~	85038
~~component~~home and community-based services to comply with the	85039
terms of the consent order filed March 5, 2007, in Martin v.	85040
Strickland, Case No. 89-CV-00362, in the United States district	85041
court for the southern district of Ohio, eastern division, shall	85042
be excluded in determining whether a county board has complied	85043
with division ~~(B)~~(A) of this section.	85044

~~(E)~~(D) A county board shall make as many requests for	85045
individuals to be enrolled in ~~a medicaid waiver component~~home and	85046
community-based services as necessary for the county board to	85047
comply with division ~~(B)~~(A) of this section.	85048

Sec. 5126.08. (A) The director of developmental disabilities	85049
shall adopt rules in accordance with Chapter 119. of the Revised	85050
Code for all programs and services offered by a county board of	85051
developmental disabilities. Such rules shall include, but are not	85052
limited to, the following:	85053

(1) Determination of what constitutes a program or service;

85054

(2) Standards to be followed by a board in administering,	85055
providing, arranging, or operating programs and services;	85056

(3) Standards for determining the nature and degree of mental	85057
retardation, including mild mental retardation, or developmental	85058
disability;	85059

(4) Standards for determining eligibility for programs and	85060
services under ~~sections 5126.042 and~~section 5126.15 of the	85061
Revised Code;	85062

(5) Procedures for obtaining consent for the arrangement of	85063
services under section 5126.31 of the Revised Code and for	85064
obtaining signatures on individual service plans under that	85065
section;	85066

(6) Specification of the service and support administration	85067
to be provided by a county board and standards for resolving	85068
grievances in connection with service and support administration;	85069

~~(7) Standards for the provision of environmental~~	85070
~~modifications, including standards that require adherence to all~~	85071
~~applicable state and local building codes;~~	85072

~~(8) Standards for the provision of specialized medical,~~	85073
~~adaptive, and assistive equipment, supplies, and supports~~.	85074

(B) The director shall be the final authority in determining	85075
the nature and degree of mental retardation or developmental	85076
disability.	85077

Sec. 5126.11. (A) As used in this section, "respite care"	85078
means appropriate, short-term, temporary care that is provided to	85079
a mentally retarded or developmentally disabled person to sustain	85080
the family structure or to meet planned or emergency needs of the	85081
family.	85082

(B) Subject to rules adopted by the director of developmental	85083
disabilities, and subject to the availability of money from state	85084
and federal sources, the county board of developmental	85085
disabilities shall establish a family support services program.	85086
Under such a program, the board shall make payments to an	85087
individual with mental retardation or other developmental	85088
disability or the family of an individual with mental retardation	85089
or other developmental disability who desires to remain in and be	85090
supported in the family home. Payments shall be made for all or	85091
part of costs incurred or estimated to be incurred for services	85092
that would promote self-sufficiency and normalization, prevent or	85093
reduce inappropriate institutional care, and further the unity of	85094
the family by enabling the family to meet the special needs of the	85095
individual and to live as much like other families as possible.	85096
Payments may be made in the form of reimbursement for expenditures	85097
or in the form of vouchers to be used to purchase services.	85098

(C) Payment shall not be made under this section to an	85099
individual or the individual's family if the individual is living	85100
in a residential facility that is providing residential services	85101
under contract with the department of developmental disabilities	85102
or a county board.	85103

(D) Payments may be made for the following services:

85104

(1) Respite care, in or out of the home;

85105

(2) Counseling, supervision, training, and education of the	85106
individual, the individual's caregivers, and members of the	85107
individual's family that aid the family in providing proper care	85108
for the individual, provide for the special needs of the family,	85109
and assist in all aspects of the individual's daily living;	85110

(3) Special diets, purchase or lease of special equipment, or	85111
modifications of the home, if such diets, equipment, or	85112
modifications are necessary to improve or facilitate the care and	85113
living environment of the individual;	85114

(4) Providing support necessary for the individual's	85115
continued skill development, including such services as	85116
development of interventions to cope with unique problems that may	85117
occur within the complexity of the family, enrollment of the	85118
individual in special summer programs, provision of appropriate	85119
leisure activities, and other social skills development	85120
activities;	85121

(5) Any other services that are consistent with the purposes	85122
specified in division (B) of this section and specified in the	85123
individual's service plan.	85124

(E) In order to be eligible for payments under a family	85125
support services program, the individual or the individual's	85126
family must reside in the county served by the county board, and	85127
the individual must be in need of habilitation. Payments shall be	85128
adjusted for income in accordance with the payment schedule	85129
established in rules adopted under this section. Payments shall be	85130
made only after the county board has taken into account all other	85131
available assistance for which the individual or family is	85132
eligible.	85133

(F) Before incurring expenses for a service for which payment	85134
will be sought under a family support services program, the	85135
individual or family shall apply to the county board for a	85136
determination of eligibility and approval of the service. The	85137
service need not be provided in the county served by the county	85138
board. After being determined eligible and receiving approval for	85139
the service, the individual or family may incur expenses for the	85140
service or use the vouchers received from the county board for the	85141
purchase of the service.	85142

If the county board refuses to approve a service, an appeal	85143
may be made in accordance with rules adopted by the department	85144
under this section.	85145

(G) To be reimbursed for expenses incurred for approved	85146
services, the individual or family shall submit to the county	85147
board a statement of the expenses incurred accompanied by any	85148
evidence required by the board. To redeem vouchers used to	85149
purchase approved services, the entity that provided the service	85150
shall submit to the county board evidence that the service was	85151
provided and a statement of the charges. The county board shall	85152
make reimbursements and redeem vouchers no later than forty-five	85153
days after it receives the statements and evidence required by	85154
this division.	85155

(H) A county board shall consider the following objectives in	85156
carrying out a family support services program:	85157

(1) Enabling individuals to return to their families from an	85158
institution under the jurisdiction of the department of	85159
developmental disabilities;	85160

(2) Enabling individuals found to be subject to	85161
institutionalization by court order under section 5123.76 of the	85162
Revised Code to remain with their families with the aid of	85163
payments provided under this section;	85164

(3) Providing services to eligible children and adults	85165
currently residing in the community;	85166

(4) Providing services to individuals with developmental	85167
disabilities who are not receiving other services from the board.	85168

(I) The director shall adopt, and may amend and rescind,	85169
rules for the implementation of family support services programs	85170
by county boards. Such rules shall include the following:	85171

(1) A payment schedule adjusted for income;

85172

(2) ~~A formula for distributing to county boards the money~~	85173
~~appropriated for family support services;~~	85174

~~(3)~~ Standards for supervision, training, and quality control	85175
in the provision of respite care services;	85176

~~(4)~~(3) Eligibility standards and procedures for providing	85177
temporary emergency respite care;	85178

~~(5)~~(4) Procedures for hearing and deciding appeals made under	85179
division (F) of this section;	85180

~~(6) Requirements to be followed by county boards regarding~~	85181
~~reports submitted under division (K) of this section~~.	85182

Rules adopted under ~~divisions~~division (I)(1) ~~and (2)~~ of this	85183
section shall be adopted in accordance with section 111.15 of the	85184
Revised Code. Rules adopted under divisions (I)~~(3)~~(2) to ~~(6)~~(4) of	85185
this section shall be adopted in accordance with Chapter 119. of	85186
the Revised Code.	85187

(J) All individuals certified by the superintendent of the	85188
county board as eligible for temporary emergency respite care in	85189
accordance with rules adopted under this section shall be	85190
considered eligible for temporary emergency respite care for not	85191
more than five days to permit the determination of eligibility for	85192
family support services. The requirements of divisions (E) and (F)	85193
of this section do not apply to temporary emergency respite care.	85194

(K) ~~The department of developmental disabilities shall~~	85195
~~distribute to county boards money appropriated for family support~~	85196
~~services in quarterly installments of equal amounts. The~~	85197
~~installments shall be made not later than the thirtieth day of~~	85198
~~September, the thirty-first day of December, the thirty-first day~~	85199
~~of March, and the thirtieth day of June. A county board shall use~~	85200
~~no more than seven per cent of the funds for administrative costs.~~	85201
~~Each county board shall submit reports to the department on~~	85202
~~payments made under this section. The reports shall be submitted~~	85203
~~at those times and in the manner specified in rules adopted under~~	85204
~~this section.~~	85205

~~(L)~~ The county board shall not be required to make payments	85206
for family support services at a level that exceeds available	85207
state and federal funds for such payments.	85208

Sec. 5126.12. ~~(A) As used in this section:~~

85209

~~(1) "Approved school age class" means a class operated by a~~	85210
~~county board of developmental disabilities and funded by the~~	85211
~~department of education under section 3317.20 of the Revised Code.~~	85212

~~(2) "Approved preschool unit" means a class or unit operated~~	85213
~~by a county board of developmental disabilities and approved under~~	85214
~~division (B) of section 3317.05 of the Revised Code.~~	85215

~~(3) "Active treatment" means a continuous treatment program,~~	85216
~~which includes aggressive, consistent implementation of a program~~	85217
~~of specialized and generic training, treatment, health services,~~	85218
~~and related services, that is directed toward the acquisition of~~	85219
~~behaviors necessary for an individual with mental retardation or~~	85220
~~other developmental disability to function with as much~~	85221
~~self-determination and independence as possible and toward the~~	85222
~~prevention of deceleration, regression, or loss of current optimal~~	85223
~~functional status.~~	85224

~~(4) "Eligible for active treatment" means that an individual~~	85225
~~with mental retardation or other developmental disability resides~~	85226
~~in an intermediate care facility for the mentally retarded~~	85227
~~certified under Title XIX of the "Social Security Act," 79 Stat.~~	85228
~~286 (1965), 42 U.S.C. 1396, as amended; resides in a state~~	85229
~~institution operated by the department of developmental~~	85230
~~disabilities; or is enrolled in home and community-based services.~~	85231

~~(5) "Traditional adult services" means vocational and~~	85232
~~nonvocational activities conducted within a sheltered workshop or~~	85233
~~adult activity center or supportive home services.~~	85234

~~(B) Each~~On or before the last day of each April, each county	85235
board of developmental disabilities shall certify to the director	85236
of developmental disabilities ~~all of the following:~~	85237

~~(1) On or before the fifteenth day of October, the average~~	85238
~~daily membership for the first full week of programs and services~~	85239
~~during October receiving:~~	85240

~~(a) Early childhood services provided pursuant to section~~	85241
~~5126.05 of the Revised Code for children who are less than three~~	85242
~~years of age on the thirtieth day of September of the academic~~	85243
~~year;~~	85244

~~(b) Special education for children with disabilities in~~	85245
~~approved school age classes;~~	85246

~~(c) Adult services for persons sixteen years of age and older~~	85247
~~operated pursuant to section 5126.05 and division (B) of section~~	85248
~~5126.051 of the Revised Code. Separate counts shall be made for~~	85249
~~the following:~~	85250

~~(i) Persons enrolled in traditional adult services who are~~	85251
~~eligible for but not enrolled in active treatment;~~	85252

~~(ii) Persons enrolled in traditional adult services who are~~	85253
~~eligible for and enrolled in active treatment;~~	85254

~~(iii) Persons enrolled in traditional adult services but who~~	85255
~~are not eligible for active treatment;~~	85256

~~(iv) Persons participating in community employment services.~~	85257
~~To be counted as participating in community employment services, a~~	85258
~~person must have spent an average of no less than ten hours per~~	85259
~~week in that employment during the preceding six months.~~	85260

~~(d) Other programs in the county for individuals with mental~~	85261
~~retardation and developmental disabilities that have been approved~~	85262
~~for payment of subsidy by the department of developmental~~	85263
~~disabilities.~~	85264

~~The membership in each such program and service in the county~~	85265
~~shall be reported on forms prescribed by the department of~~	85266
~~developmental disabilities.~~	85267

~~The department of developmental disabilities shall adopt~~	85268
~~rules defining full-time equivalent enrollees and for determining~~	85269
~~the average daily membership therefrom, except that certification~~	85270
~~of average daily membership in approved school age classes shall~~	85271
~~be in accordance with rules adopted by the state board of~~	85272
~~education. The average daily membership figure shall be determined~~	85273
~~by dividing the amount representing the sum of the number of~~	85274
~~enrollees in each program or service in the week for which the~~	85275
~~certification is made by the number of days the program or service~~	85276
~~was offered in that week. No enrollee may be counted in average~~	85277
~~daily membership for more than one program or service.~~	85278

~~(2) By the fifteenth day of December, the number of children~~	85279
~~enrolled in approved preschool units on the first day of December;~~	85280

~~(3) On or before the thirtieth day of April, an itemized~~	85281
~~report of~~ all of the county board's income and operating	85282
expenditures for the immediately preceding calendar year,. The	85283
certification shall be provided in an itemized report prepared and	85284
submitted in ~~the~~a format specified by the department of	85285
developmental disabilities;	85286

~~(4) That each required certification and report is~~ in	85287
~~accordance with~~ rules ~~established by the department of~~	85288
~~developmental disabilities and the state board of education for~~	85289
~~the operation and subsidization of the programs and services~~.	85290

Sec. 5126.18. (A) As used in this section:

85291

(1) "Taxable value" means the taxable value of a county	85292
certified under division (B) of this section.	85293

(2) "Per-mill yield" means the quotient obtained by dividing	85294
the taxable value of a county by one thousand.	85295

(3) "Population" of a county means that shown by the federal	85296
census for a census year or, for a noncensus year, the population	85297
as estimated by the department of development.	85298

(4) "Six-year moving average" means the average of the	85299
per-mill yields of a county for the most recent six years.	85300

(5) "Yield per person" means the quotient obtained by	85301
dividing the six-year moving average of a county by the population	85302
of that county.	85303

(6) "Tax equity payments" means payments to county boards of	85304
developmental disabilities under this section or a prior version	85305
of this section from money appropriated by the general assembly to	85306
the department of developmental disabilities for that purpose.	85307

(7) "Eligible county" means a county determined under	85308
division (C) of this section to be eligible for tax equity	85309
payments for the two-year period for which that determination is	85310
made.	85311

(8) "Threshold county" means the county with the lowest yield	85312
per person that is determined not to be eligible to receive tax	85313
equity payments.	85314

(B) At the request of the director of developmental	85315
disabilities, the tax commissioner shall certify to the director	85316
the taxable value of property on each county's most recent tax	85317
list of real and public utility property. The director may request	85318
any other tax information necessary for the purposes of this	85319
section.	85320

(C) Beginning in 2011, on or before the thirty-first day of	85321
May of that year and of every second year thereafter, the director	85322
of developmental disabilities shall determine whether a county is	85323
eligible to receive tax equity payments for the ensuing two fiscal	85324
years as follows:	85325

(1) The director shall determine the six-year moving average,	85326
population, and yield per person of each county in the state,	85327
based on the most recent information available.	85328

(2) The director shall calculate a tax equity funding	85329
threshold by adding the population of the county with the lowest	85330
yield per person and the populations of individual counties in	85331
order from lowest yield per person to highest yield per person	85332
until the addition of the population of another county would	85333
increase the aggregate sum to over thirty per cent of the total	85334
state population. A county is eligible to receive tax equity	85335
payments for the two-year period if its population is included in	85336
the calculation of the threshold and the addition of its	85337
population does not increase such sum to over thirty per cent of	85338
the total state population.	85339

(D)(1) Except as provided in divisions (D)(2) and (3) of this	85340
section, beginning in fiscal year 2012 and for each fiscal year	85341
thereafter, the director shall make tax equity payments to each	85342
eligible county equal to the population of the county multiplied	85343
by the difference between the yield per person of the threshold	85344
county and the yield per person of the eligible county. For	85345
purposes of this division, the population and yield per person of	85346
a county equal the population and yield per person most recently	85347
determined for that county under division (C)(1) of this section.	85348
The payments shall be made in quarterly installments of equal	85349
amounts not later than the thirtieth day of September, the	85350
thirty-first day of December, the thirty-first day of March, and	85351
the thirtieth day of June of each fiscal year.	85352

(2) In fiscal year 2012, if the amount determined under	85353
division (D)(1) of this section for an eligible county is at least	85354
twenty thousand dollars greater than or twenty thousand dollars	85355
less than the amount of tax equity payments the county received in	85356
fiscal year 2011, the county's tax equity payments for fiscal	85357
years 2012 through 2014 shall equal the following:	85358

(a) For fiscal year 2012, one-fourth of the amount calculated	85359
for the eligible county under division (D)(1) of this section plus	85360
three-fourths of the amount of tax equity payments the county	85361
received in fiscal year 2011;	85362

(b) For fiscal year 2013, one-half of the amount calculated	85363
for the eligible county under division (D)(1) of this section plus	85364
one-half of the amount of tax equity payments the county received	85365
in fiscal year 2011;	85366

(c) For fiscal year 2014, three-fourths of the amount	85367
calculated for the eligible county under division (D)(1) of this	85368
section plus one-fourth of the amount of tax equity payments the	85369
county received in fiscal year 2011.	85370

(3) In any fiscal year, if the total amount of tax equity	85371
payments for all eligible counties as determined under divisions	85372
(D)(1) and (2) of this section is greater than the amount	85373
appropriated to the department of developmental disabilities for	85374
the purpose of making such payments in that fiscal year, the	85375
director shall reduce the payments to each eligible county board	85376
in equal proportion. If the total amount of tax equity payments as	85377
determined under that division is less than the amount	85378
appropriated to the department for that purpose, the director	85379
shall determine how to allocate the excess money after	85380
consultation with the Ohio association of county boards serving	85381
people with developmental disabilities.	85382

(4) Tax equity payments shall be paid only to an eligible	85383
county board of developmental disabilities and not to a regional	85384
council established under section 5126.13 of the Revised Code or	85385
any other entity.	85386

(E)(1) Except as provided in division (E)(2) of this section,	85387
a county board of developmental disabilities shall use tax equity	85388
payments solely to pay the nonfederal share of medicaid	85389
expenditures it is required to pay under sections 5126.059 and	85390
5126.0510 of the Revised Code. Tax equity payments shall not be	85391
used to pay any salary or other compensation to county board	85392
personnel.	85393

(2) Upon the written request of a county board, the director	85394
of developmental disabilities may authorize a county board to use	85395
tax equity payments for infrastructure improvements necessary to	85396
support medicaid waiver administration.	85397

(3) The director may audit any county board receiving tax	85398
equity payments to ensure appropriate use of the payments in	85399
accordance with this section. If the director determines that a	85400
county board is using payments inappropriately, the director shall	85401
notify the county board in writing of the determination. Within	85402
thirty days after receiving the director's notification, the	85403
county board shall submit a written plan of correction to the	85404
director. The director may accept or reject the plan. If the	85405
director rejects the plan, the director may require the county	85406
board to repay all or a portion of the amount of tax equity	85407
payments used inappropriately. The director shall distribute any	85408
tax equity payments returned under this division to other eligible	85409
county boards in accordance with a plan developed by the director	85410
after consultation with the Ohio association of county boards	85411
serving people with developmental disabilities.	85412

Sec. 5126.23. (A) As used in this section, "employee" means	85413
a management employee or superintendent of a county board of	85414
developmental disabilities.	85415

(B) An employee may be removed, suspended, or demoted in	85416
accordance with this section for violation of written rules set	85417
forth by the board or for incompetency, inefficiency, dishonesty,	85418
drunkenness, immoral conduct, insubordination, discourteous	85419
treatment of the public, neglect of duty, or other acts of	85420
misfeasance, malfeasance, or nonfeasance.	85421

(C) Prior to the removal, suspension, or demotion of an	85422
employee pursuant to this section, the employee shall be notified	85423
in writing of the charges against the employee. Except as	85424
otherwise provided in division (H) of this section, not later than	85425
thirty days after receiving such notification, a predisciplinary	85426
conference shall be held to provide the employee an opportunity to	85427
refute the charges against the employee. At least seventy-two	85428
hours prior to the conference, the employee shall be given a copy	85429
of the charges against the employee.	85430

If the removal, suspension, or demotion action is directed	85431
against a management employee, the conference shall be held by the	85432
superintendent or a person the superintendent designates, and the	85433
superintendent shall notify the management employee within fifteen	85434
days after the conference of the decision made with respect to the	85435
charges. If the removal, suspension, or demotion action is	85436
directed against a superintendent, the conference shall be held by	85437
the members of the board or their designees, and the board shall	85438
notify the superintendent within fifteen days after the conference	85439
of its decision with respect to the charges.	85440

(D) Within fifteen days after receiving notification of the	85441
results of the predisciplinary conference, an employee may file	85442
with the board a written demand for a hearing before the board or	85443
before a referee, and the board shall set a time for the hearing	85444
which shall be within thirty days from the date of receipt of the	85445
written demand, and the board shall give the employee at least	85446
twenty days notice in writing of the time and place of the	85447
hearing.	85448

(E) If a referee is demanded by an employee or a county	85449
board, the hearing shall be conducted by a referee selected in	85450
accordance with division (F) of this section; otherwise, it shall	85451
be conducted by a majority of the members of the board and shall	85452
be confined to the charges enumerated at the predisciplinary	85453
conference.	85454

(F) Referees for the hearings required by this section shall	85455
be selected from ~~the~~a list of resident electors compiled from	85456
names ~~compiled by the superintendent of public instruction~~	85457
~~pursuant to section 3319.161 of the Revised Code~~that the director	85458
of developmental disabilities shall solicit annually from the	85459
state bar association. Upon receipt of notice that a referee has	85460
been demanded by an employee or a county board, the ~~superintendent~~	85461
~~of public instruction~~director shall immediately designate three	85462
persons from such list, from whom the referee for the hearing	85463
shall be chosen, and the ~~superintendent of public instruction~~	85464
director shall immediately notify the designees, the county board,	85465
and the employee. If within five days of receipt of the notice,	85466
the county board and employee are unable to agree upon one of the	85467
designees to serve as referee, the ~~superintendent of public~~	85468
~~instruction~~director shall appoint one of the designees to serve	85469
as referee. The appointment of the referee shall be entered in the	85470
minutes of the county board. The referee appointed shall be paid	85471
the referee's usual and customary fee for attending the hearing	85472
which shall be paid from the general fund of the county board of	85473
developmental disabilities.	85474

(G) The board shall provide for a complete stenographic	85475
record of the proceedings, and a copy of the record shall be	85476
furnished to the employee.	85477

Both parties may be present at the hearing, be represented by	85478
counsel, require witnesses to be under oath, cross-examine	85479
witnesses, take a record of the proceedings, and require the	85480
presence of witnesses in their behalf upon subpoena to be issued	85481
by the county board. If any person fails to comply with a	85482
subpoena, a judge of the court of common pleas of the county in	85483
which the person resides, upon application of any interested	85484
party, shall compel attendance of the person by attachment	85485
proceedings as for contempt. Any member of the board or the	85486
referee may administer oaths to witnesses. After a hearing by a	85487
referee, the referee shall file a report within ten days after the	85488
termination of the hearing. After consideration of the referee's	85489
report, the board, by a majority vote, may accept or reject the	85490
referee's recommendation. After a hearing by the board, the board,	85491
by majority vote, may enter its determination upon its minutes. If	85492
the decision, after hearing, is in favor of the employee, the	85493
charges and the record of the hearing shall be physically expunged	85494
from the minutes and, if the employee has suffered any loss of	85495
salary by reason of being suspended, the employee shall be paid	85496
the employee's full salary for the period of such suspension.	85497

Any employee affected by a determination of the board under	85498
this division may appeal to the court of common pleas of the	85499
county in which the board is located within thirty days after	85500
receipt of notice of the entry of such determination. The appeal	85501
shall be an original action in the court and shall be commenced by	85502
the filing of a complaint against the board, in which complaint	85503
the facts shall be alleged upon which the employee relies for a	85504
reversal or modification of such determination. Upon service or	85505
waiver of summons in that appeal, the board immediately shall	85506
transmit to the clerk of the court for filing a transcript of the	85507
original papers filed with the board, a certified copy of the	85508
minutes of the board into which the determination was entered, and	85509
a certified transcript of all evidence adduced at the hearing or	85510
hearings before the board or a certified transcript of all	85511
evidence adduced at the hearing or hearings before the referee,	85512
whereupon the cause shall be at issue without further pleading and	85513
shall be advanced and heard without delay. The court shall examine	85514
the transcript and record of the hearing and shall hold such	85515
additional hearings as it considers advisable, at which it may	85516
consider other evidence in addition to the transcript and record.	85517

Upon final hearing, the court shall grant or deny the relief	85518
prayed for in the complaint as may be proper in accordance with	85519
the evidence adduced in the hearing. Such an action is a special	85520
proceeding, and either the employee or the board may appeal from	85521
the decision of the court of common pleas pursuant to the Rules of	85522
Appellate Procedure and, to the extent not in conflict with those	85523
rules, Chapter 2505. of the Revised Code.	85524

(H) Notwithstanding divisions (C) to (G) of this section, a	85525
county board and an employee may agree to submit issues regarding	85526
the employee's removal, suspension, or demotion to binding	85527
arbitration. The terms of the submission, including the method of	85528
selecting the arbitrator or arbitrators and the responsibility for	85529
compensating the arbitrator, shall be provided for in the	85530
arbitration agreement. The arbitrator shall be selected within	85531
fifteen days of the execution of the agreement. Chapter 2711. of	85532
the Revised Code governs the arbitration proceedings.	85533

Sec. 5126.24. (A) As used in this section:

85534

(1) "License" means an educator license issued by the state	85535
board of education under section 3319.22 of the Revised Code or a	85536
certificate issued by the department of developmental	85537
disabilities.	85538

(2) "Teacher" means a person employed by a county board of	85539
developmental disabilities in a position that requires a license.	85540

(3) "Nonteaching employee" means a person employed by a	85541
county board of developmental disabilities in a position that does	85542
not require a license.	85543

~~(4) "Years of service" includes all service described in~~	85544
~~division (A) of section 3317.13 of the Revised Code.~~	85545

(B) Subject to rules established by the director of	85546
developmental disabilities pursuant to Chapter 119. of the Revised	85547
Code, each county board of developmental disabilities shall	85548
annually adopt separate salary schedules for teachers and	85549
nonteaching employees.	85550

(C) ~~The~~In adopting the teachers' salary schedule ~~shall~~	85551
~~provide for increments based on training and years of service. The~~	85552
~~board may establish its own service requirements provided no~~	85553
~~teacher receives less than the salary the teacher would be paid~~	85554
~~under section 3317.13 of the Revised Code if the teacher were~~	85555
~~employed by a school district board of education and provided full~~	85556
~~credit for a minimum of five years of actual teaching and military~~	85557
~~experience as defined in division (A) of such section is given to~~	85558
~~each teacher.~~	85559

~~Each teacher who has completed training that would qualify~~	85560
~~the teacher for a higher salary bracket pursuant to this section~~	85561
~~shall file by the fifteenth day of September with the fiscal~~	85562
~~officer of the board, satisfactory evidence of the completion of~~	85563
~~such additional training. The fiscal officer shall then~~	85564
~~immediately place the teacher, pursuant to this section, in the~~	85565
~~proper salary bracket in accordance with training and years of~~	85566
~~service. No teacher shall be paid less than the salary to which~~	85567
~~the teacher would be entitled under section 3317.13 of the Revised~~	85568
~~Code if the teacher were employed by a school district board of~~	85569
~~education~~, the board shall comply with sections 3317.14 and	85570
3317.141 of the Revised Code in the same manner as a school	85571
district.	85572

The superintendent of each county board, on or before the	85573
fifteenth day of October of each year, shall certify to the state	85574
board of education the name of each teacher employed, on an annual	85575
salary, in each special education program operated pursuant to	85576
section 3323.09 of the Revised Code during the first full school	85577
week of October. The superintendent further shall certify, for	85578
each teacher, the number of years of training completed at a	85579
recognized college, the degrees earned from a college recognized	85580
by the state board, the type of license held, the number of months	85581
employed by the board, the annual salary, and other information	85582
that the state board may request.	85583

(D) The nonteaching employees' salary schedule established by	85584
the board shall be based on training, experience, and	85585
qualifications with initial salaries no less than salaries in	85586
effect on July 1, 1985. Each board shall prepare and may amend	85587
from time to time, specifications descriptive of duties,	85588
responsibilities, requirements, and desirable qualifications of	85589
the classifications of employees required to perform the duties	85590
specified in the salary schedule. All nonteaching employees shall	85591
be notified of the position classification to which they are	85592
assigned and the salary for the classification. The compensation	85593
of all nonteaching employees working for a particular board shall	85594
be uniform for like positions except as compensation would be	85595
affected by salary increments based upon length of service.	85596

On the fifteenth day of October of each year the nonteaching	85597
employees' salary schedule and list of job classifications and	85598
salaries in effect on that date shall be filed by each board with	85599
the superintendent of public instruction. If such salary schedule	85600
and classification plan is not filed, the superintendent of public	85601
instruction shall order the board to file such schedule and list	85602
forthwith. If this condition is not corrected within ten days	85603
after receipt of the order from the superintendent, no money shall	85604
be distributed to the ~~district~~board under Chapter ~~3306. or~~ 3317.	85605
of the Revised Code until the superintendent has satisfactory	85606
evidence of the board's full compliance with such order.	85607

Sec. 5126.33. (A) A county board of developmental	85608
disabilities may file a complaint with the probate court of the	85609
county in which an adult with mental retardation or a	85610
developmental disability resides for an order authorizing the	85611
board to arrange services described in division (C) of section	85612
5126.31 of the Revised Code for that adult if the adult is	85613
eligible to receive services or support under section 5126.041 of	85614
the Revised Code and the board has been unable to secure consent.	85615
The complaint shall include:	85616

(1) The name, age, and address of the adult;

85617

(2) Facts describing the nature of the abuse, neglect, or	85618
exploitation and supporting the board's belief that services are	85619
needed;	85620

(3) The types of services proposed by the board, as set forth	85621
in the protective service plan described in division (J) of	85622
section 5126.30 of the Revised Code and filed with the complaint;	85623

(4) Facts showing the board's attempts to obtain the consent	85624
of the adult or the adult's guardian to the services.	85625

(B) The board shall give the adult notice of the filing of	85626
the complaint and in simple and clear language shall inform the	85627
adult of the adult's rights in the hearing under division (C) of	85628
this section and explain the consequences of a court order. This	85629
notice shall be personally served upon all parties, and also shall	85630
be given to the adult's legal counsel, if any~~, and the legal~~	85631
~~rights service~~. The notice shall be given at least twenty-four	85632
hours prior to the hearing, although the court may waive this	85633
requirement upon a showing that there is a substantial risk that	85634
the adult will suffer immediate physical harm in the twenty-four	85635
hour period and that the board has made reasonable attempts to	85636
give the notice required by this division.	85637

(C) Upon the filing of a complaint for an order under this	85638
section, the court shall hold a hearing at least twenty-four hours	85639
and no later than seventy-two hours after the notice under	85640
division (B) of this section has been given unless the court has	85641
waived the notice. All parties shall have the right to be present	85642
at the hearing, present evidence, and examine and cross-examine	85643
witnesses. The Ohio Rules of Evidence shall apply to a hearing	85644
conducted pursuant to this division. The adult shall be	85645
represented by counsel unless the court finds that the adult has	85646
made a voluntary, informed, and knowing waiver of the right to	85647
counsel. If the adult is indigent, the court shall appoint counsel	85648
to represent the adult. The board shall be represented by the	85649
county prosecutor or an attorney designated by the board.	85650

(D)(1) The court shall issue an order authorizing the board	85651
to arrange the protective services if it finds, on the basis of	85652
clear and convincing evidence, all of the following:	85653

(a) The adult has been abused, neglected, or exploited;

85654

(b) The adult is incapacitated;

85655

(c) There is a substantial risk to the adult of immediate	85656
physical harm or death;	85657

(d) The adult is in need of the services;

85658

(e) No person authorized by law or court order to give	85659
consent for the adult is available or willing to consent to the	85660
services.	85661

(2) The board shall develop a detailed protective service	85662
plan describing the services that the board will provide, or	85663
arrange for the provision of, to the adult to prevent further	85664
abuse, neglect, or exploitation. The board shall submit the plan	85665
to the court for approval. The protective service plan may be	85666
changed only by court order.	85667

(3) In formulating the order, the court shall consider the	85668
individual protective service plan and shall specifically	85669
designate the services that are necessary to deal with the abuse,	85670
neglect, or exploitation or condition resulting from abuse,	85671
neglect, or exploitation and that are available locally, and	85672
authorize the board to arrange for these services only. The court	85673
shall limit the provision of these services to a period not	85674
exceeding six months, renewable for an additional six-month period	85675
on a showing by the board that continuation of the order is	85676
necessary.	85677

(E) If the court finds that all other options for meeting the	85678
adult's needs have been exhausted, it may order that the adult be	85679
removed from the adult's place of residence and placed in another	85680
residential setting. Before issuing that order, the court shall	85681
consider the adult's choice of residence and shall determine that	85682
the new residential setting is the least restrictive alternative	85683
available for meeting the adult's needs and is a place where the	85684
adult can obtain the necessary requirements for daily living in	85685
safety. The court shall not order an adult to a hospital or public	85686
hospital as defined in section 5122.01 or a state institution as	85687
defined in section 5123.01 of the Revised Code.	85688

(F) The court shall not authorize a change in an adult's	85689
placement ordered under division (E) of this section unless it	85690
finds compelling reasons to justify a change. The parties to whom	85691
notice was given in division (B) of this section shall be given	85692
notice of a proposed change at least five working days prior to	85693
the change.	85694

(G) The adult, the board, or any other person who received	85695
notice of the petition may file a motion for modification of the	85696
court order at any time.	85697

(H) The county board shall pay court costs incurred in	85698
proceedings brought pursuant to this section. The adult shall not	85699
be required to pay for court-ordered services.	85700

(I)(1) After the filing of a complaint for an order under	85701
this section, the court, prior to the final disposition, may enter	85702
any temporary order that the court finds necessary to protect the	85703
adult with mental retardation or a developmental disability from	85704
abuse, neglect, or exploitation including, but not limited to, the	85705
following:	85706

(a) A temporary protection order;

85707

(b) An order requiring the evaluation of the adult;

85708

(c) An order requiring a party to vacate the adult's place of	85709
residence or legal settlement, provided that, subject to division	85710
(K)(1)(d) of this section, no operator of a residential facility	85711
licensed by the department may be removed under this division;	85712

(d) In the circumstances described in, and in accordance with	85713
the procedures set forth in, section 5123.191 of the Revised Code,	85714
an order of the type described in that section that appoints a	85715
receiver to take possession of and operate a residential facility	85716
licensed by the department.	85717

(2) The court may grant an ex parte order pursuant to this	85718
division on its own motion or if a party files a written motion or	85719
makes an oral motion requesting the issuance of the order and	85720
stating the reasons for it if it appears to the court that the	85721
best interest and the welfare of the adult require that the court	85722
issue the order immediately. The court, if acting on its own	85723
motion, or the person requesting the granting of an ex parte	85724
order, to the extent possible, shall give notice of its intent or	85725
of the request to all parties, the adult's legal counsel, if any,	85726
~~and the legal rights service~~. If the court issues an ex parte	85727
order, the court shall hold a hearing to review the order within	85728
seventy-two hours after it is issued or before the end of the next	85729
day after the day on which it is issued, whichever occurs first.	85730
The court shall give written notice of the hearing to all parties	85731
to the action.	85732

Sec. 5126.41. The county board of developmental disabilities	85733
shall identify residents of the county for whom supported living	85734
is to be provided. Identification of the residents shall be made	85735
in accordance with the priorities set under section 5126.04 of the	85736
Revised Code and the waiting ~~list policies developed~~lists	85737
established under section 5126.042 of the Revised Code. The board	85738
shall assist the residents in identifying their individual service	85739
needs.	85740

To arrange supported living for an individual, the board	85741
shall assist the individual in developing an individual service	85742
plan. In developing the plan, the individual shall choose a	85743
residence that is appropriate according to local standards; the	85744
individuals, if any, with whom the individual will live in the	85745
residence; the services the individual needs to live in the	85746
individual's residence of choice; and the providers from which the	85747
services will be received. The choices available to an individual	85748
shall be based on available resources.	85749

The board shall obtain the consent of the individual or the	85750
individual's guardian and the signature of the individual or	85751
guardian on the individual service plan. The county board shall	85752
ensure that the individual receives from the provider the services	85753
contracted for under section 5126.45 of the Revised Code.	85754

An individual service plan for supported living shall be	85755
effective for a period of time agreed to by the county board and	85756
the individual. In determinating that period, the county board and	85757
the individual shall consider the nature of the services to be	85758
provided and the manner in which they are customarily provided.	85759

Sec. 5139.11. The department of youth services shall do all	85760
of the following:	85761

(A) Through a program of education, promotion, and	85762
organization, form groups of local citizens and assist these	85763
groups in conducting activities aimed at the prevention and	85764
control of juvenile delinquency, making use of local people and	85765
resources for the following purposes:	85766

(1) Combatting local conditions known to contribute to	85767
juvenile delinquency;	85768

(2) Developing recreational and other programs for youth	85769
work;	85770

(3) Providing adult sponsors for delinquent children cases;

85771

(4) Dealing with other related problems of the locality.

85772

(B) Advise local, state, and federal officials, public and	85773
private agencies, and lay groups on the needs for and possible	85774
methods of the reduction and prevention of juvenile delinquency	85775
and the treatment of delinquent children;	85776

(C) Consult with the schools and courts of this state on the	85777
development of programs for the reduction and prevention of	85778
delinquency and the treatment of delinquents;	85779

(D) Cooperate with other agencies whose services deal with	85780
the care and treatment of delinquent children to the end that	85781
delinquent children who are state wards may be assisted whenever	85782
possible to a successful adjustment outside of institutional care;	85783

(E) Cooperate with other agencies in surveying, developing,	85784
and utilizing the recreational resources of a community as a means	85785
of combatting the problem of juvenile delinquency and effectuating	85786
rehabilitation;	85787

(F) Hold district and state conferences from time to time in	85788
order to acquaint the public with current problems of juvenile	85789
delinquency and develop a sense of civic responsibility toward the	85790
prevention of juvenile delinquency;	85791

(G) Assemble and distribute information relating to juvenile	85792
delinquency and report on studies relating to community conditions	85793
that affect the problem of juvenile delinquency;	85794

(H) Assist any community within the state by conducting a	85795
comprehensive survey of the community's available public and	85796
private resources, and recommend methods of establishing a	85797
community program for combatting juvenile delinquency and crime,	85798
but no survey of that type shall be conducted unless local	85799
individuals and groups request it through their local authorities,	85800
and no request of that type shall be interpreted as binding the	85801
community to following the recommendations made as a result of the	85802
request;	85803

(I) Evaluate the rehabilitation of children committed to the	85804
department and prepare and submit periodic reports to the	85805
committing court for the following purposes:	85806

(1) Evaluating the effectiveness of institutional treatment;

85807

(2) Making recommendations for judicial release under section	85808
2152.22 of the Revised Code if appropriate and recommending	85809
conditions for judicial release;	85810

(3) Reviewing the placement of children and recommending	85811
alternative placements where appropriate.	85812

(J) Coordinate dates for hearings to be conducted under	85813
section 2152.22 of the Revised Code and assist in the transfer and	85814
release of children from institutionalization to the custody of	85815
the committing court;	85816

(K)(1) Coordinate and assist juvenile justice systems by	85817
doing the following:	85818

(a) Performing juvenile justice system planning in the state,	85819
including any planning that is required by any federal law;	85820

(b) Collecting, analyzing, and correlating information and	85821
data concerning the juvenile justice system in the state;	85822

(c) Cooperating with and providing technical assistance to	85823
state departments, administrative planning districts, metropolitan	85824
county criminal justice services agencies, criminal justice	85825
coordinating councils, and agencies, offices, and departments of	85826
the juvenile justice system in the state, and other appropriate	85827
organizations and persons;	85828

(d) Encouraging and assisting agencies, offices, and	85829
departments of the juvenile justice system in the state and other	85830
appropriate organizations and persons to solve problems that	85831
relate to the duties of the department;	85832

(e) Administering within the state any juvenile justice acts	85833
and programs that the governor requires the department to	85834
administer;	85835

(f) Implementing the state comprehensive plans;

85836

(g) Visiting and inspecting jails, detention facilities,	85837
correctional facilities, facilities that may hold juveniles	85838
involuntarily, or any other facility that may temporarily house	85839
juveniles on a voluntary or involuntary basis for the purpose of	85840
compliance pursuant to the "Juvenile Justice and Delinquency	85841
Prevention Act of 1974," 88 Stat. 1109, as amended;	85842

(h) Auditing grant activities of agencies, offices,	85843
organizations, and persons that are financed in whole or in part	85844
by funds granted through the department;	85845

~~(h)~~(i) Monitoring or evaluating the performance of juvenile	85846
justice system projects and programs in the state that are	85847
financed in whole or in part by funds granted through the	85848
department;	85849

~~(i)~~(j) Applying for, allocating, disbursing, and accounting	85850
for grants that are made available pursuant to federal juvenile	85851
justice acts, or made available from other federal, state, or	85852
private sources, to improve the criminal and juvenile justice	85853
systems in the state. All money from federal juvenile justice act	85854
grants shall, if the terms under which the money is received	85855
require that the money be deposited into an interest bearing fund	85856
or account, be deposited in the state treasury to the credit of	85857
the federal juvenile justice program purposes fund, which is	85858
hereby created. All investment earnings shall be credited to the	85859
fund.	85860

~~(j)~~(k) Contracting with federal, state, and local agencies,	85861
foundations, corporations, businesses, and persons when necessary	85862
to carry out the duties of the department;	85863

~~(k)~~(l) Overseeing the activities of metropolitan county	85864
criminal justice services agencies, administrative planning	85865
districts, and juvenile justice coordinating councils in the	85866
state;	85867

~~(l)~~(m) Advising the general assembly and governor on	85868
legislation and other significant matters that pertain to the	85869
improvement and reform of the juvenile justice system in the	85870
state;	85871

~~(m)~~(n) Preparing and recommending legislation to the general	85872
assembly and governor for the improvement of the juvenile justice	85873
system in the state;	85874

~~(n)~~(o) Assisting, advising, and making any reports that are	85875
required by the governor, attorney general, or general assembly;	85876

~~(o)~~(p) Adopting rules pursuant to Chapter 119. of the Revised	85877
Code.	85878

(2) Division (K)(1) of this section does not limit the	85879
discretion or authority of the attorney general with respect to	85880
crime victim assistance and criminal and juvenile justice	85881
programs.	85882

(3) Nothing in division (K)(1) of this section is intended to	85883
diminish or alter the status of the office of the attorney general	85884
as a criminal justice services agency.	85885

(4) The governor may appoint any advisory committees to	85886
assist the department that the governor considers appropriate or	85887
that are required under any state or federal law.	85888

Sec. 5139.43. (A) The department of youth services shall	85889
operate a felony delinquent care and custody program that shall be	85890
operated in accordance with the formula developed pursuant to	85891
section 5139.41 of the Revised Code, subject to the conditions	85892
specified in this section.	85893

(B)(1) Each juvenile court shall use the moneys disbursed to	85894
it by the department of youth services pursuant to division (B) of	85895
section 5139.41 of the Revised Code in accordance with the	85896
applicable provisions of division (B)(2) of this section and shall	85897
transmit the moneys to the county treasurer for deposit in	85898
accordance with this division. The county treasurer shall create	85899
in the county treasury a fund that shall be known as the felony	85900
delinquent care and custody fund and shall deposit in that fund	85901
the moneys disbursed to the juvenile court pursuant to division	85902
(B) of section 5139.41 of the Revised Code. The county treasurer	85903
also shall deposit into that fund the state subsidy funds granted	85904
to the county pursuant to section 5139.34 of the Revised Code. The	85905
moneys disbursed to the juvenile court pursuant to division (B) of	85906
section 5139.41 of the Revised Code and deposited pursuant to this	85907
division in the felony delinquent care and custody fund shall not	85908
be commingled with any other county funds except state subsidy	85909
funds granted to the county pursuant to section 5139.34 of the	85910
Revised Code; shall not be used for any capital construction	85911
projects; upon an order of the juvenile court and subject to	85912
appropriation by the board of county commissioners, shall be	85913
disbursed to the juvenile court for use in accordance with the	85914
applicable provisions of division (B)(2) of this section; shall	85915
not revert to the county general fund at the end of any fiscal	85916
year; and shall carry over in the felony delinquent care and	85917
custody fund from the end of any fiscal year to the next fiscal	85918
year. The maximum balance carry-over at the end of each respective	85919
fiscal year in the felony delinquent care and custody fund in any	85920
county from funds allocated to the county pursuant to sections	85921
5139.34 and 5139.41 of the Revised Code in the previous fiscal	85922
year shall not exceed an amount to be calculated as provided in	85923
the formula set forth in this division, unless that county has	85924
applied for and been granted an exemption by the director of youth	85925
services. Beginning June 30, 2008, the maximum balance carry-over	85926
at the end of each respective fiscal year shall be determined by	85927
the following formula: for fiscal year 2008, the maximum balance	85928
carry-over shall be one hundred per cent of the allocation for	85929
fiscal year 2007, to be applied in determining the fiscal year	85930
2009 allocation; for fiscal year 2009, it shall be fifty per cent	85931
of the allocation for fiscal year 2008, to be applied in	85932
determining the fiscal year 2010 allocation; for fiscal year 2010,	85933
it shall be twenty-five per cent of the allocation for fiscal year	85934
2009, to be applied in determining the fiscal year 2011	85935
allocation; and for each fiscal year subsequent to fiscal year	85936
2010, it shall be twenty-five per cent of the allocation for the	85937
immediately preceding fiscal year, to be applied in determining	85938
the allocation for the next immediate fiscal year. The department	85939
shall withhold from future payments to a county an amount equal to	85940
any moneys in the felony delinquent care and custody fund of the	85941
county that exceed the total maximum balance carry-over that	85942
applies for that county for the fiscal year in which the payments	85943
are being made and shall reallocate the withheld amount. The	85944
department shall adopt rules for the withholding and reallocation	85945
of moneys disbursed under sections 5139.34 and 5139.41 of the	85946
Revised Code and for the criteria and process for a county to	85947
obtain an exemption from the withholding requirement. The moneys	85948
disbursed to the juvenile court pursuant to division (B) of	85949
section 5139.41 of the Revised Code and deposited pursuant to this	85950
division in the felony delinquent care and custody fund shall be	85951
in addition to, and shall not be used to reduce, any usual annual	85952
increase in county funding that the juvenile court is eligible to	85953
receive or the current level of county funding of the juvenile	85954
court and of any programs or services for delinquent children,	85955
unruly children, or juvenile traffic offenders.	85956

(2)(a) A county and the juvenile court that serves the county	85957
shall use the moneys in its felony delinquent care and custody	85958
fund in accordance with rules that the department of youth	85959
services adopts pursuant to division (D) of section 5139.04 of the	85960
Revised Code and as follows:	85961

(i) The moneys in the fund that represent state subsidy funds	85962
granted to the county pursuant to section 5139.34 of the Revised	85963
Code shall be used to aid in the support of prevention, early	85964
intervention, diversion, treatment, and rehabilitation programs	85965
that are provided for alleged or adjudicated unruly children or	85966
delinquent children or for children who are at risk of becoming	85967
unruly children or delinquent children. The county shall not use	85968
for capital improvements more than fifteen per cent of the moneys	85969
in the fund that represent the applicable annual grant of those	85970
state subsidy funds.	85971

(ii) The moneys in the fund that were disbursed to the	85972
juvenile court pursuant to division (B) of section 5139.41 of the	85973
Revised Code and deposited pursuant to division (B)(1) of this	85974
section in the fund shall be used to provide programs and services	85975
for the training, treatment, or rehabilitation of felony	85976
delinquents that are alternatives to their commitment to the	85977
department, including, but not limited to, community residential	85978
programs, day treatment centers, services within the home, and	85979
electronic monitoring, and shall be used in connection with	85980
training, treatment, rehabilitation, early intervention, or other	85981
programs or services for any delinquent child, unruly child, or	85982
juvenile traffic offender who is under the jurisdiction of the	85983
juvenile court.	85984

The fund also may be used for prevention, early intervention,	85985
diversion, treatment, and rehabilitation programs that are	85986
provided for alleged or adjudicated unruly children, delinquent	85987
children, or juvenile traffic offenders or for children who are at	85988
risk of becoming unruly children, delinquent children, or juvenile	85989
traffic offenders. Consistent with division (B)(1) of this	85990
section, a county and the juvenile court of a county shall not use	85991
any of those moneys for capital construction projects.	85992

(iii) Moneys in the fund shall not be used to support	85993
programs or services that do not comply with federal juvenile	85994
justice and delinquency prevention core requirements or to support	85995
programs or services that research has shown to be ineffective.	85996
Moneys in the fund shall be prioritized to research-supported,	85997
outcome-based programs and services.	85998

(iv) The county and the juvenile court that serves the county	85999
may use moneys in the fund to provide out-of-home placement of	86000
children only in detention centers, community rehabilitation	86001
centers, or community corrections facilities approved by the	86002
department pursuant to standards adopted by the department,	86003
licensed by an authorized state agency, or accredited by the	86004
American correctional association or another national organization	86005
recognized by the department.	86006

(b) Each juvenile court shall comply with division (B)(3)(d)	86007
of this section as implemented by the department. If a juvenile	86008
court fails to comply with division (B)(3)(d) of this section, the	86009
department shall not be required to make any disbursements in	86010
accordance with division (C) or (D) of section 5139.41 or division	86011
(C)(2) of section 5139.34 of the Revised Code.	86012

(3) In accordance with rules adopted by the department	86013
pursuant to division (D) of section 5139.04 of the Revised Code,	86014
each juvenile court and the county served by that juvenile court	86015
shall do all of the following that apply:	86016

(a) The juvenile court shall prepare an annual grant	86017
agreement and application for funding that satisfies the	86018
requirements of this section and section 5139.34 of the Revised	86019
Code and that pertains to the use, upon an order of the juvenile	86020
court and subject to appropriation by the board of county	86021
commissioners, of the moneys in its felony delinquent care and	86022
custody fund for specified programs, care, and services as	86023
described in division (B)(2)(a) of this section, shall submit that	86024
agreement and application to the county family and children first	86025
council, the regional family and children first council, or the	86026
local intersystem services to children cluster as described in	86027
sections 121.37 and 121.38 of the Revised Code, whichever is	86028
applicable, and shall file that agreement and application with the	86029
department for its approval. The annual grant agreement and	86030
application for funding shall include a method of ensuring equal	86031
access for minority youth to the programs, care, and services	86032
specified in it.	86033

The department may approve an annual grant agreement and	86034
application for funding only if the juvenile court involved has	86035
complied with the preparation, submission, and filing requirements	86036
described in division (B)(3)(a) of this section. If the juvenile	86037
court complies with those requirements and the department approves	86038
that agreement and application, the juvenile court and the county	86039
served by the juvenile court may expend the state subsidy funds	86040
granted to the county pursuant to section 5139.34 of the Revised	86041
Code only in accordance with division (B)(2)(a) of this section,	86042
the rules pertaining to state subsidy funds that the department	86043
adopts pursuant to division (D) of section 5139.04 of the Revised	86044
Code, and the approved agreement and application.	86045

(b) By the thirty-first day of August of each year, the	86046
juvenile court shall file with the department a report that	86047
contains all of the statistical and other information for each	86048
month of the prior state fiscal year. If the juvenile court fails	86049
to file the report required by division (B)(3)(b) of this section	86050
by the thirty-first day of August of any year, the department	86051
shall not disburse any payment of state subsidy funds to which the	86052
county otherwise is entitled pursuant to section 5139.34 of the	86053
Revised Code and shall not disburse pursuant to division (B) of	86054
section 5139.41 of the Revised Code the applicable allocation	86055
until the juvenile court fully complies with division (B)(3)(b) of	86056
this section.	86057

(c) If the department requires the juvenile court to prepare	86058
monthly statistical reports and to submit the reports on forms	86059
provided by the department, the juvenile court shall file those	86060
reports with the department on the forms so provided. If the	86061
juvenile court fails to prepare and submit those monthly	86062
statistical reports within the department's timelines, the	86063
department shall not disburse any payment of state subsidy funds	86064
to which the county otherwise is entitled pursuant to section	86065
5139.34 of the Revised Code and shall not disburse pursuant to	86066
division (B) of section 5139.41 of the Revised Code the applicable	86067
allocation until the juvenile court fully complies with division	86068
(B)(3)(c) of this section. If the juvenile court fails to prepare	86069
and submit those monthly statistical reports within one hundred	86070
eighty days of the date the department establishes for their	86071
submission, the department shall not disburse any payment of state	86072
subsidy funds to which the county otherwise is entitled pursuant	86073
to section 5139.34 of the Revised Code and shall not disburse	86074
pursuant to division (B) of section 5139.41 of the Revised Code	86075
the applicable allocation, and the state subsidy funds and the	86076
remainder of the applicable allocation shall revert to the	86077
department. If a juvenile court states in a monthly statistical	86078
report that the juvenile court adjudicated within a state fiscal	86079
year five hundred or more children to be delinquent children for	86080
committing acts that would be felonies if committed by adults and	86081
if the department determines that the data in the report may be	86082
inaccurate, the juvenile court shall have an independent auditor	86083
or other qualified entity certify the accuracy of the data on a	86084
date determined by the department.	86085

(d) If the department requires the juvenile court and the	86086
county to participate in a fiscal monitoring program or another	86087
monitoring program that is conducted by the department to ensure	86088
compliance by the juvenile court and the county with division (B)	86089
of this section, the juvenile court and the county shall	86090
participate in the program and fully comply with any guidelines	86091
for the performance of audits adopted by the department pursuant	86092
to that program and all requests made by the department pursuant	86093
to that program for information necessary to reconcile fiscal	86094
accounting. If an audit that is performed pursuant to a fiscal	86095
monitoring program or another monitoring program described in this	86096
division determines that the juvenile court or the county used	86097
moneys in the county's felony delinquent care and custody fund for	86098
expenses that are not authorized under division (B) of this	86099
section, within forty-five days after the department notifies the	86100
county of the unauthorized expenditures, the county either shall	86101
repay the amount of the unauthorized expenditures from the county	86102
general revenue fund to the state's general revenue fund or shall	86103
file a written appeal with the department. If an appeal is timely	86104
filed, the director of the department shall render a decision on	86105
the appeal and shall notify the appellant county or its juvenile	86106
court of that decision within forty-five days after the date that	86107
the appeal is filed. If the director denies an appeal, the	86108
county's fiscal agent shall repay the amount of the unauthorized	86109
expenditures from the county general revenue fund to the state's	86110
general revenue fund within thirty days after receiving the	86111
director's notification of the appeal decision.	86112

(C) The determination of which county a reduction of the care	86113
and custody allocation will be charged against for a particular	86114
youth shall be made as outlined below for all youths who do not	86115
qualify as public safety beds. The determination of which county a	86116
reduction of the care and custody allocation will be charged	86117
against shall be made as follows until each youth is released:	86118

(1) In the event of a commitment, the reduction shall be	86119
charged against the committing county.	86120

(2) In the event of a recommitment, the reduction shall be	86121
charged against the original committing county until the	86122
expiration of the minimum period of institutionalization under the	86123
original order of commitment or until the date on which the youth	86124
is admitted to the department of youth services pursuant to the	86125
order of recommitment, whichever is later. Reductions of the	86126
allocation shall be charged against the county that recommitted	86127
the youth after the minimum expiration date of the original	86128
commitment.	86129

(3) In the event of a revocation of a release on parole, the	86130
reduction shall be charged against the county that revokes the	86131
youth's parole.	86132

(D) A juvenile court is not precluded by its allocation	86133
amount for the care and custody of felony delinquents from	86134
committing a felony delinquent to the department of youth services	86135
for care and custody in an institution or a community corrections	86136
facility when the juvenile court determines that the commitment is	86137
appropriate.	86138

Sec. 5501.84. (A) There is hereby created the transportation	86139
public-private partnership legislative oversight committee	86140
consisting of six members as follows:	86141

(1) Three members of the senate, no more than two of whom	86142
shall be members of the same political party, one of whom shall be	86143
the chairperson of the committee dealing primarily with highway	86144
matters, one of whom shall be appointed by the president of the	86145
senate, and one of whom shall be appointed by the minority leader	86146
of the senate.	86147

The president of the senate shall make the president of the	86148
senate's appointment to the committee first, followed by the	86149
minority leader of the senate, and they shall make their	86150
appointments in such a manner that their two appointees represent	86151
districts that are located in different areas of the state.	86152

(2) Three members of the house of representatives, no more	86153
than two of whom shall be members of the same political party, one	86154
of whom shall be the chairperson of the house of representatives	86155
committee dealing primarily with highway matters, one of whom	86156
shall be appointed by the speaker of the house of representatives,	86157
and one of whom shall be appointed by the minority leader of the	86158
house of representatives.	86159

The speaker of the house of representatives shall make the	86160
speaker of the house of representatives' appointment to the	86161
committee first, followed by the minority leader of the house of	86162
representatives, and they shall make their appointments in such a	86163
manner that their two appointees represent districts that are	86164
located in different areas of the state.	86165

The chairperson of the house of representatives committee	86166
shall serve as the chairperson of the committee for the year 2012.	86167
Thereafter, the chair annually shall alternate between, first, the	86168
chairperson of the senate committee and then the chairperson of	86169
the house of representatives committee.	86170

(B) Each member of the committee who is a member of the	86171
general assembly shall serve a term of the remainder of the	86172
general assembly during which the member is appointed or is	86173
serving as chairperson of the specified senate or house committee.	86174
In the event of the death or resignation of a committee member who	86175
is a member of the general assembly, or in the event that a member	86176
ceases to be a senator or representative, or in the event that the	86177
chairperson of the senate committee dealing primarily with highway	86178
matters or the chairperson of the house of representatives	86179
committee dealing primarily with highway matters ceases to hold	86180
that position, the vacancy shall be filled through an appointment	86181
by the president of the senate or the speaker of the house of	86182
representatives or minority leader of the senate or house of	86183
representatives, as applicable. Any member appointed to fill a	86184
vacancy occurring prior to the end of the term for which the	86185
member's predecessor was appointed shall hold office for the	86186
remainder of the term or for a shorter period of time as	86187
determined by the president of the senate or the speaker of the	86188
house of representatives. A member of the committee is eligible	86189
for reappointment.	86190

(C) The committee shall meet at least quarterly and may meet	86191
at the call of its chairperson, or upon the written request to the	86192
chairperson of not fewer than four members of the committee.	86193
Meetings shall be held at sites that are determined solely by the	86194
chairperson of the committee. At each meeting, the Ohio department	86195
of transportation shall make a report to the committee on	86196
public-private partnership matters, including but not limited to	86197
financial and budgetary matters and proposed and ongoing bids,	86198
maintenance, repair, and operational projects.	86199

The committee, by the affirmative vote of at least four of	86200
its members, may submit written recommendations to the director of	86201
transportation, the president of the senate, the speaker of the	86202
house of representatives, and the minority leader of each house	86203
describing public-private partnership matters subject to further	86204
legislative review.	86205

(D) The members of the committee who are members of the	86206
general assembly shall serve without compensation, but shall be	86207
reimbursed by the department for their actual and necessary	86208
expenses incurred in the discharge of their official duties as	86209
committee members. Serving as a member of the committee does not	86210
constitute grounds for resignation from the senate or house of	86211
representatives under section 101.26 of the Revised Code.	86212

Sec. 5505.04. (A)(1) The general administration and	86213
management of the state highway patrol retirement system and the	86214
making effective of this chapter are hereby vested in the state	86215
highway patrol retirement board. The board may sue and be sued,	86216
plead and be impleaded, contract and be contracted with, and do	86217
all things necessary to carry out this chapter.	86218

The board shall consist of the following members:

86219

(a) The superintendent of the state highway patrol;

86220

(b) Two retirant members who reside in this state;

86221

86222

(d) One member, known as the treasurer of state's investment	86223
designee, who shall be appointed by the treasurer of state for a	86224
term of four years and who shall have the following	86225
qualifications:	86226

(i) The member is a resident of this state.

86227

(ii) Within the three years immediately preceding the	86228
appointment, the member has not been employed by the public	86229
employees retirement system, police and fire pension fund, state	86230
teachers retirement system, school employees retirement system, or	86231
state highway patrol retirement system or by any person,	86232
partnership, or corporation that has provided to one of those	86233
retirement systems services of a financial or investment nature,	86234
including the management, analysis, supervision, or investment of	86235
assets.	86236

(iii) The member has direct experience in the management,	86237
analysis, supervision, or investment of assets.	86238

(iv) The member is not currently employed by the state or a	86239
political subdivision of the state.	86240

(e) Two investment expert members, who shall be appointed to	86241
four-year terms. One investment expert member shall be appointed	86242
by the governor, and one investment expert member shall be jointly	86243
appointed by the speaker of the house of representatives and the	86244
president of the senate. Each investment expert member shall have	86245
the following qualifications:	86246

(i) Each investment expert member shall be a resident of this	86247
state.	86248

(ii) Within the three years immediately preceding the	86249
appointment, each investment expert member shall not have been	86250
employed by the public employees retirement system, police and	86251
fire pension fund, state teachers retirement system, school	86252
employees retirement system, or state highway patrol retirement	86253
system or by any person, partnership, or corporation that has	86254
provided to one of those retirement systems services of a	86255
financial or investment nature, including the management,	86256
analysis, supervision, or investment of assets.	86257

(iii) Each investment expert member shall have direct	86258
experience in the management, analysis, supervision, or investment	86259
of assets.	86260

(2) The board shall annually elect a chairperson and	86261
vice-chairperson from among its members. The vice-chairperson	86262
shall act as chairperson in the absence of the chairperson. A	86263
majority of the members of the board shall constitute a quorum and	86264
any action taken shall be approved by a majority of the members of	86265
the board. The board shall meet not less than once each year, upon	86266
sufficient notice to the members. All meetings of the board shall	86267
be open to the public except executive sessions as set forth in	86268
division (G) of section 121.22 of the Revised Code, and any	86269
portions of any sessions discussing medical records or the degree	86270
of disability of a member excluded from public inspection by this	86271
section.	86272

(3) Any investment expert member appointed to fill a vacancy	86273
occurring prior to the expiration of the term for which the	86274
member's predecessor was appointed holds office until the end of	86275
such term. The member continues in office subsequent to the	86276
expiration date of the member's term until the member's successor	86277
takes office, or until a period of sixty days has elapsed,	86278
whichever occurs first.	86279

(B) The attorney general shall prescribe procedures for the	86280
adoption of rules authorized under this chapter, consistent with	86281
the provision of section 111.15 of the Revised Code under which	86282
all rules shall be filed in order to be effective. Such procedures	86283
shall establish methods by which notice of proposed rules are	86284
given to interested parties and rules adopted by the board	86285
published and otherwise made available. When it files a rule with	86286
the joint committee on agency rule review pursuant to section	86287
111.15 of the Revised Code, the board shall submit to the Ohio	86288
retirement study council a copy of the full text of the rule, and	86289
if applicable, a copy of the rule summary and fiscal analysis	86290
required by division (B) of section 127.18 of the Revised Code.	86291

(C)(1) As used in this division, "personal history record"	86292
means information maintained by the board on an individual who is	86293
a member, former member, retirant, or beneficiary that includes	86294
the address, telephone number, social security number, record of	86295
contributions, correspondence with the system, and other	86296
information the board determines to be confidential.	86297

(2) The records of the board shall be open to public	86298
inspection, except for the following which shall be excluded: the	86299
member's, former member's, retirant's, or beneficiary's personal	86300
history record and the amount of a monthly allowance or benefit	86301
paid to a retirant, beneficiary, or survivor, except with the	86302
written authorization of the individual concerned. All medical	86303
reports and recommendations are privileged except that copies of	86304
such medical reports or recommendations shall be made available to	86305
the individual's personal physician, attorney, or authorized agent	86306
upon written release received from such individual or such	86307
individual's agent, or when necessary for the proper	86308
administration of the fund to the board-assigned physician.	86309

(D) Notwithstanding the exceptions to public inspection in	86310
division (C)(2) of this section, the board may furnish the	86311
following information:	86312

(1) If a member, former member, or retirant is subject to an	86313
order issued under section 2907.15 of the Revised Code or an order	86314
issued under division (A) or (B) of section 2929.192 of the	86315
Revised Code or is convicted of or pleads guilty to a violation of	86316
section 2921.41 of the Revised Code, on written request of a	86317
prosecutor as defined in section 2935.01 of the Revised Code, the	86318
board shall furnish to the prosecutor the information requested	86319
from the individual's personal history record.	86320

(2) Pursuant to a court order issued under Chapters 3119.,	86321
3121., and 3123. of the Revised Code, the board shall furnish to a	86322
court or child support enforcement agency the information required	86323
under those chapters.	86324

(3) At the written request of any nonprofit organization or	86325
association providing services to retirement system members,	86326
retirants, or beneficiaries, the board shall provide to the	86327
organization or association a list of the names and addresses of	86328
members, former members, retirants, or beneficiaries if the	86329
organization or association agrees to use such information solely	86330
in accordance with its stated purpose of providing services to	86331
such individuals and not for the benefit of other persons,	86332
organizations, or associations. The costs of compiling, copying,	86333
and mailing the list shall be paid by such entity.	86334

(4) Within fourteen days after receiving from the director of	86335
job and family services a list of the names and social security	86336
numbers of recipients of public assistance pursuant to section	86337
5101.181 of the Revised Code, the board shall inform the auditor	86338
of state of the name, current or most recent employer address, and	86339
social security number of each member whose name and social	86340
security number are the same as those of a person whose name or	86341
social security number was submitted by the director. The board	86342
and its employees, except for purposes of furnishing the auditor	86343
of state with information required by this section, shall preserve	86344
the confidentiality of recipients of public assistance in	86345
compliance with ~~division (A) of~~ section 5101.181 of the Revised	86346
Code.	86347

(5) The system shall comply with orders issued under section	86348
3105.87 of the Revised Code.	86349

On the written request of an alternate payee, as defined in	86350
section 3105.80 of the Revised Code, the system shall furnish to	86351
the alternate payee information on the amount and status of any	86352
amounts payable to the alternate payee under an order issued under	86353
section 3105.171 or 3105.65 of the Revised Code.	86354

(6) At the request of any person, the board shall make	86355
available to the person copies of all documents, including	86356
resumes, in the board's possession regarding filling a vacancy of	86357
an employee member or retirant member of the board. The person who	86358
made the request shall pay the cost of compiling, copying, and	86359
mailing the documents. The information described in this division	86360
is a public record.	86361

(E) A statement that contains information obtained from the	86362
system's records that is certified and signed by an officer of the	86363
retirement system and to which the system's official seal is	86364
affixed, or copies of the system's records to which the signature	86365
and seal are attached, shall be received as true copies of the	86366
system's records in any court or before any officer of this state.	86367

Sec. 5540.03. (A) A transportation improvement district may:

86368

(1) Adopt bylaws for the regulation of its affairs and the	86369
conduct of its business;	86370

(2) Adopt an official seal;

86371

(3) Sue and be sued in its own name, plead and be impleaded,	86372
provided any actions against the district shall be brought in the	86373
court of common pleas of the county in which the principal office	86374
of the district is located, or in the court of common pleas of the	86375
county in which the cause of action arose, and all summonses,	86376
exceptions, and notices of every kind shall be served on the	86377
district by leaving a copy thereof at its principal office with	86378
the secretary-treasurer;	86379

(4) Purchase, construct, maintain, repair, sell, exchange,	86380
police, operate, or lease projects;	86381

(5) Issue either or both of the following for the purpose of	86382
providing funds to pay the costs of any project or part thereof:	86383

(a) Transportation improvement district revenue bonds;

86384

(b) Bonds pursuant to Section 13 of Article VIII, Ohio	86385
Constitution;	86386

(6) Maintain such funds as it considers necessary;

86387

(7) Direct its agents or employees, when properly identified	86388
in writing and after at least five days' written notice, to enter	86389
upon lands within its jurisdiction to make surveys and	86390
examinations preliminary to the location and construction of	86391
projects for the district, without liability of the district or	86392
its agents or employees except for actual damage done;	86393

(8) Make and enter into all contracts and agreements	86394
necessary or incidental to the performance of its functions and	86395
the execution of its powers under this chapter;	86396

(9) Employ or retain or contract for the services of	86397
consulting engineers, superintendents, managers, and such other	86398
engineers, construction and accounting experts, financial	86399
advisers, trustees, marketing, remarketing, and administrative	86400
agents, attorneys, and other employees, independent contractors,	86401
or agents as are necessary in its judgment and fix their	86402
compensation, provided all such expenses shall be payable solely	86403
from the proceeds of bonds or from revenues;	86404

(10) Receive and accept from the federal or any state or	86405
local government, including, but not limited to, any agency,	86406
entity, or instrumentality of any of the foregoing, loans and	86407
grants for or in aid of the construction, maintenance, or repair	86408
of any project, and receive and accept aid or contributions from	86409
any source or person of money, property, labor, or other things of	86410
value, to be held, used, and applied only for the purposes for	86411
which such loans, grants, and contributions are made. Nothing in	86412
division (A)(10) of this section shall be construed as imposing	86413
any liability on this state for any loan received by a	86414
transportation improvement district from a third party unless this	86415
state has entered into an agreement to accept such liability.	86416

(11) Acquire, hold, and dispose of property in the exercise	86417
of its powers and the performance of its duties under this	86418
chapter;	86419

(12) Establish and collect tolls or user charges for its	86420
projects;	86421

(13) Do all acts necessary and proper to carry out the powers	86422
expressly granted in this chapter.	86423

(B) Chapters 123., 124., 125., 153., and 4115., and sections	86424
9.331~~, 9.332, 9.333,~~to 9.335 and 307.86 of the Revised Code do	86425
not apply to contracts or projects of a transportation improvement	86426
district.	86427

Sec. 5701.13. (A) As used in this section:

86428

(1) "Nursing home" means a nursing home or a home for the	86429
aging, as those terms are defined in section 3721.01 of the	86430
Revised Code, that is issued a license pursuant to section 3721.02	86431
of the Revised Code.	86432

(2) "Residential care facility" means a residential care	86433
facility, as defined in section 3721.01 of the Revised Code, that	86434
is issued a license pursuant to section 3721.02 of the Revised	86435
Code.	86436

(3) "Adult care facility" means an adult care facility as	86437
defined in section ~~3722.01~~5119.70 of the Revised Code that is	86438
issued a license pursuant to section ~~3722.04~~5119.73 of the	86439
Revised Code.	86440

(B) As used in Title LVII of the Revised Code, and for the	86441
purpose of other sections of the Revised Code that refer	86442
specifically to Chapter 5701. or section 5701.13 of the Revised	86443
Code, a "home for the aged" means either of the following:	86444

(1) A place of residence for aged and infirm persons that	86445
satisfies divisions (B)(1)(a) to (e) of this section:	86446

(a) It is a nursing home, residential care facility, or adult	86447
care facility.	86448

(b) It is owned by a corporation, unincorporated association,	86449
or trust of a charitable, religious, or fraternal nature, which is	86450
organized and operated not for profit, which is not formed for the	86451
pecuniary gain or profit of, and whose net earnings or any part of	86452
whose net earnings is not distributable to, its members, trustees,	86453
officers, or other private persons, and which is exempt from	86454
federal income taxation under section 501 of the "Internal Revenue	86455
Code of 1986," 100 Stat. 2085, 26 U.S.C. 1.	86456

(c) It is open to the public without regard to race, color,	86457
or national origin.	86458

(d) It does not pay, directly or indirectly, compensation for	86459
services rendered, interest on debts incurred, or purchase price	86460
for land, building, equipment, supplies, or other goods or	86461
chattels, which compensation, interest, or purchase price is	86462
unreasonably high.	86463

(e) It provides services for the life of each resident	86464
without regard to the resident's ability to continue payment for	86465
the full cost of the services.	86466

(2) A place of residence that satisfies divisions (B)(1)(b),	86467
(d), and (e) of this section; that satisfies the definition of	86468
"nursing home," or "residential care facility," ~~or "adult care~~	86469
~~facility"~~ under section 3721.01 of the Revised Code or ~~3722.01~~the	86470
definition of "adult care facility" under section 5119.70 of the	86471
Revised Code regardless of whether it is licensed as such a home	86472
or facility; and that is provided at no charge to individuals on	86473
account of their service without compensation to a charitable,	86474
religious, fraternal, or educational institution, which	86475
individuals are aged or infirm and are members of the corporation,	86476
association, or trust that owns the place of residence. For the	86477
purposes of division (B)(2) of this section, "compensation" does	86478
not include furnishing room and board, clothing, health care, or	86479
other necessities, or stipends or other de minimis payments to	86480
defray the cost thereof.	86481

Exemption from taxation shall be accorded, on proper	86482
application, only to those homes or parts of homes which meet the	86483
standards and provide the services specified in this section.	86484

Nothing in this section shall be construed as preventing a	86485
home from requiring a resident with financial need to apply for	86486
any applicable financial assistance or requiring a home to retain	86487
a resident who willfully refuses to pay for services for which the	86488
resident has contracted even though the resident has sufficient	86489
resources to do so.	86490

(C)(1) If a corporation, unincorporated association, or trust	86491
described in division (B)(1)(b) of this section is granted a	86492
certificate of need pursuant to section 3702.52 of the Revised	86493
Code to construct, add to, or otherwise modify a nursing home, or	86494
is given approval pursuant to section 3791.04 of the Revised Code	86495
to construct, add to, or otherwise modify a residential care	86496
facility or adult care facility and if the corporation,	86497
association, or trust submits an affidavit to the tax commissioner	86498
stating that, commencing on the date of licensure and continuing	86499
thereafter, the home or facility will be operated in accordance	86500
with the requirements of divisions (B)(1)(a) to (e) of this	86501
section, the corporation, association, or trust shall be	86502
considered to be operating a "home for the aged" within the	86503
meaning of division (B)(1) of this section, beginning on the first	86504
day of January of the year in which such certificate is granted or	86505
approval is given.	86506

(2) If a corporation, association, or trust is considered to	86507
be operating a "home for the aged" pursuant to division (C)(1) of	86508
this section, the corporation, association, or trust shall notify	86509
the tax commissioner in writing upon the occurrence of any of the	86510
following events:	86511

(a) The corporation, association, or trust no longer intends	86512
to complete the construction of, addition to, or modification of	86513
the home or facility, to obtain the appropriate license for the	86514
home or facility, or to commence operation of the home or facility	86515
in accordance with the requirements of divisions (B)(1)(a) to (e)	86516
of this section;	86517

(b) The certificate of approval referred to in division	86518
(C)(1) of this section expires, is revoked, or is otherwise	86519
terminated prior to the completion of the construction of,	86520
addition to, or modification of the home or facility;	86521

(c) The license to operate the home or facility is not	86522
granted by the director of health within one year following	86523
completion of the construction of, addition to, or modification of	86524
the home or facility;	86525

(d) The license to operate the home or facility is not	86526
granted by the director of health within four years following the	86527
date upon which the certificate or approval referred to in	86528
division (C)(1) of this section was granted or given;	86529

(e) The home or facility is granted a license to operate as a	86530
nursing home, residential care facility, or adult care facility.	86531

(3) Upon the occurrence of any of the events referred to in	86532
divisions (C)(2)(a), (b), (c), (d), and (e) of this section, the	86533
corporation, association, or trust shall no longer be considered	86534
to be operating a "home for the aged" pursuant to division (C)(1)	86535
of this section, except that the tax commissioner, for good cause	86536
shown and to the extent the commissioner considers appropriate,	86537
may extend the time period specified in division (C)(2)(c) or (d)	86538
of this section, or both. Nothing in division (C)(3) of this	86539
section shall be construed to prevent a nursing home, residential	86540
care facility, or adult care facility from qualifying as a "home	86541
for the aged" if, upon proper application made pursuant to	86542
division (B) of this section, it is found to meet the requirements	86543
of divisions (A) and (B) of this section.	86544

Sec. 5703.05. All powers, duties, and functions of the	86545
department of taxation are vested in and shall be performed by the	86546
tax commissioner, which powers, duties, and functions shall	86547
include, but shall not be limited to, the following:	86548

(A) Prescribing all blank forms which the department is	86549
authorized to prescribe, and to provide such forms and distribute	86550
the same as required by law and the rules of the department. ~~The~~	86551
~~tax commissioner shall include a mail-in registration form~~	86552
~~prescribed in section 3503.14 of the Revised Code within the~~	86553
~~return and instructions for the tax levied in odd-numbered years~~	86554
~~under section 5747.02 of the Revised Code, beginning with the tax~~	86555
~~levied for 1995. The secretary of state shall bear all costs for~~	86556
~~the inclusion of the mail-in registration form. That form shall be~~	86557
~~addressed for return to the office of the secretary of state.~~	86558

(B) Exercising the authority provided by law, including	86559
orders from bankruptcy courts, relative to remitting or refunding	86560
taxes or assessments, including penalties and interest thereon,	86561
illegally or erroneously assessed or collected, or for any other	86562
reason overpaid, and in addition, the commissioner may on written	86563
application of any person, firm, or corporation claiming to have	86564
overpaid to the treasurer of state at any time within five years	86565
prior to the making of such application any tax payable under any	86566
law which the department of taxation is required to administer	86567
which does not contain any provision for refund, or on the	86568
commissioner's own motion investigate the facts and make in	86569
triplicate a written statement of the commissioner's findings,	86570
and, if the commissioner finds that there has been an overpayment,	86571
issue in triplicate a certificate of abatement payable to the	86572
taxpayer, the taxpayer's assigns, or legal representative which	86573
shows the amount of the overpayment and the kind of tax overpaid.	86574
One copy of such statement shall be entered on the journal of the	86575
commissioner, one shall be certified to the attorney general, and	86576
one certified copy shall be delivered to the taxpayer. All copies	86577
of the certificate of abatement shall be transmitted to the	86578
attorney general, and if the attorney general finds it to be	86579
correct the attorney general shall so certify on each copy, and	86580
deliver one copy to the taxpayer, one copy to the commissioner,	86581
and the third copy to the treasurer of state. Except as provided	86582
in sections 5725.08 and 5725.16 of the Revised Code the taxpayer's	86583
copy of any certificates of abatement may be tendered by the payee	86584
or transferee thereof to the treasurer of state as payment, to the	86585
extent of the amount thereof, of any tax payable to the treasurer	86586
of state.	86587

(C) Exercising the authority provided by law relative to	86588
consenting to the compromise and settlement of tax claims;	86589

(D) Exercising the authority provided by law relative to the	86590
use of alternative tax bases by taxpayers in the making of	86591
personal property tax returns;	86592

(E) Exercising the authority provided by law relative to	86593
authorizing the prepayment of taxes on retail sales of tangible	86594
personal property or on the storage, use, or consumption of	86595
personal property, and waiving the collection of such taxes from	86596
the consumers;	86597

(F) Exercising the authority provided by law to revoke	86598
licenses;	86599

(G) Maintaining a continuous study of the practical operation	86600
of all taxation and revenue laws of the state, the manner in which	86601
and extent to which such laws provide revenues for the support of	86602
the state and its political subdivisions, the probable effect upon	86603
such revenue of possible changes in existing laws, and the	86604
possible enactment of measures providing for other forms of	86605
taxation. For this purpose the commissioner may establish and	86606
maintain a division of research and statistics, and may appoint	86607
necessary employees who shall be in the unclassified civil	86608
service; the results of such study shall be available to the	86609
members of the general assembly and the public.	86610

(H) Making all tax assessments, valuations, findings,	86611
determinations, computations, and orders the department of	86612
taxation is by law authorized and required to make and, pursuant	86613
to time limitations provided by law, on the commissioner's own	86614
motion, reviewing, redetermining, or correcting any tax	86615
assessments, valuations, findings, determinations, computations,	86616
or orders the commissioner has made, but the commissioner shall	86617
not review, redetermine, or correct any tax assessment, valuation,	86618
finding, determination, computation, or order which the	86619
commissioner has made as to which an appeal or application for	86620
rehearing, review, redetermination, or correction has been filed	86621
with the board of tax appeals, unless such appeal or application	86622
is withdrawn by the appellant or applicant or dismissed;	86623

(I) Appointing not more than five deputy tax commissioners,	86624
who, under such regulations as the rules of the department of	86625
taxation prescribe, may act for the commissioner in the	86626
performance of such duties as the commissioner prescribes in the	86627
administration of the laws which the commissioner is authorized	86628
and required to administer, and who shall serve in the	86629
unclassified civil service at the pleasure of the commissioner,	86630
but if a person who holds a position in the classified service is	86631
appointed, it shall not affect the civil service status of such	86632
person. The commissioner may designate not more than two of the	86633
deputy commissioners to act as commissioner in case of the	86634
absence, disability, or recusal of the commissioner or vacancy in	86635
the office of commissioner. The commissioner may adopt rules	86636
relating to the order of precedence of such designated deputy	86637
commissioners and to their assumption and administration of the	86638
office of commissioner.	86639

(J) Appointing and prescribing the duties of all other	86640
employees of the department of taxation necessary in the	86641
performance of the work of the department which the tax	86642
commissioner is by law authorized and required to perform, and	86643
creating such divisions or sections of employees as, in the	86644
commissioner's judgment, is proper;	86645

(K) Organizing the work of the department, which the	86646
commissioner is by law authorized and required to perform, so	86647
that, in the commissioner's judgment, an efficient and economical	86648
administration of the laws will result;	86649

(L) Maintaining a journal, which is open to public	86650
inspection, in which the tax commissioner shall keep a record of	86651
all final determinations of the commissioner;	86652

(M) Adopting and promulgating, in the manner provided by	86653
section 5703.14 of the Revised Code, all rules of the department,	86654
including rules for the administration of sections 3517.16,	86655
3517.17, and 5747.081 of the Revised Code;	86656

(N) Destroying any or all returns or assessment certificates	86657
in the manner authorized by law;	86658

(O) Adopting rules, in accordance with division (B) of	86659
section 325.31 of the Revised Code, governing the expenditure of	86660
moneys from the real estate assessment fund under that division.	86661

Sec. 5703.059. (A) The tax commissioner may adopt rules	86662
requiring returns, including any accompanying schedule or	86663
statement, for any of the following taxes to be filed	86664
electronically using the Ohio business gateway as defined in	86665
section 718.051 of the Revised Code, filed telephonically using	86666
the system known as the Ohio telefile system, or filed by any	86667
other electronic means prescribed by the commissioner:	86668

(1) Employer income tax withholding under Chapter 5747. of	86669
the Revised Code;	86670

(2) Motor fuel tax under Chapter 5735. of the Revised Code;

86671

(3) Cigarette and tobacco product tax under Chapter 5743. of	86672
the Revised Code;	86673

(4) Severance tax under Chapter 5749. of the Revised Code.

86674

(B) The tax commissioner may adopt rules requiring any	86675
payment of tax shown on such a return to be due to be made	86676
electronically in a manner approved by the commissioner.	86677

(C) A rule adopted under this section does not apply to	86678
returns or reports filed or payments made before six months after	86679
the effective date of the rule. The commissioner shall publicize	86680
any new electronic filing requirement on the department's web	86681
site. The commissioner shall educate the public of the requirement	86682
through seminars, workshops, conferences, or other outreach	86683
activities.	86684

(D) Any person required to file returns and make payments	86685
electronically under rules adopted under this section may apply to	86686
the commissioner, on a form prescribed by the commissioner, to be	86687
excused from that requirement. For good cause shown, the	86688
commissioner may excuse the applicant from the requirement and	86689
permit the applicant to file the returns or reports or make the	86690
payments required under this section by nonelectronic means.	86691

Sec. 5703.37. (A)(1) Except as provided in division (B) of	86692
this section, whenever service of a notice or order is required in	86693
the manner provided in this section, a copy of the notice or order	86694
shall be served upon the person affected thereby either by	86695
personal service or, by certified mail, or by a delivery service	86696
authorized under section 5703.056 of the Revised Code that	86697
notifies the tax commissioner of the date of delivery.	86698

(2) With the permission of the person affected by the notice	86699
or order, the commissioner may enter into a written agreement to	86700
deliver a notice or order by alternative means as provided in this	86701
section, including, but not limited to, delivery by secure	86702
electronic mail. Delivery by such means satisfies the requirements	86703
for delivery under this section.	86704

(B)(1)(a) If certified mail is returned because of an	86705
undeliverable address, the commissioner shall first utilize	86706
reasonable means to ascertain a new last known address, including	86707
the use of a change of address service offered by the United	86708
States postal service. If, after using reasonable means, the	86709
commissioner is unable to ascertain a new last known address, the	86710
assessment is final for purposes of section 131.02 of the Revised	86711
Code sixty days after the notice or order sent by certified mail	86712
is first returned to the commissioner, and the commissioner shall	86713
certify the notice or order, if applicable, to the attorney	86714
general for collection under section 131.02 of the Revised Code.	86715

(b) Notwithstanding certification to the attorney general	86716
under division (B)(1)(a) of this section, once the commissioner or	86717
attorney general, or the designee of either, makes an initial	86718
contact with the person to whom the notice or order is directed,	86719
the person may protest an assessment by filing a petition for	86720
reassessment within sixty days after the initial contact. The	86721
certification of an assessment under division (B)(1)(a) of this	86722
section is prima-facie evidence that delivery is complete and that	86723
the notice or order is served.	86724

(2) If mailing of a notice or order by certified mail is	86725
returned for some cause other than an undeliverable address, the	86726
tax commissioner shall resend the notice or order by ordinary	86727
mail. The notice or order shall show the date the commissioner	86728
sends the notice or order and include the following statement:	86729

"This notice or order is deemed to be served on the addressee	86730
under applicable law ten days from the date this notice or order	86731
was mailed by the commissioner as shown on the notice or order,	86732
and all periods within which an appeal may be filed apply from and	86733
after that date."	86734

Unless the mailing is returned because of an undeliverable	86735
address, the mailing of that information is prima-facie evidence	86736
that delivery of the notice or order was completed ten days after	86737
the commissioner sent the notice or order by ordinary mail and	86738
that the notice or order was served.	86739

If the ordinary mail is subsequently returned because of an	86740
undeliverable address, the commissioner shall proceed under	86741
division (B)(1)(a) of this section. A person may challenge the	86742
presumption of delivery and service under this division in	86743
accordance with division (C) of this section.	86744

(C)(1) A person disputing the presumption of delivery and	86745
service under division (B) of this section bears the burden of	86746
proving by a preponderance of the evidence that the address to	86747
which the notice or order was sent was not an address with which	86748
the person was associated at the time the commissioner originally	86749
mailed the notice or order by certified mail. For the purposes of	86750
this section, a person is associated with an address at the time	86751
the commissioner originally mailed the notice or order if, at that	86752
time, the person was residing, receiving legal documents, or	86753
conducting business at the address; or if, before that time, the	86754
person had conducted business at the address and, when the notice	86755
or order was mailed, the person's agent or the person's affiliate	86756
was conducting business at the address. For the purposes of this	86757
section, a person's affiliate is any other person that, at the	86758
time the notice or order was mailed, owned or controlled at least	86759
twenty per cent, as determined by voting rights, of the	86760
addressee's business.	86761

(2) If the person elects to protest an assessment certified	86762
to the attorney general for collection, the person must do so	86763
within sixty days after the attorney general's initial contact	86764
with the person. The attorney general may enter into a compromise	86765
with the person under sections 131.02 and 5703.06 of the Revised	86766
Code if the person does not file a petition for reassessment with	86767
the tax commissioner.	86768

(D) Nothing in this section prohibits the tax commissioner or	86769
the commissioner's designee from delivering a notice or order by	86770
personal service.	86771

(E) Collection actions taken pursuant to section 131.02 of	86772
the Revised Code upon any assessment being challenged under	86773
division (B)(1)(b) of this section shall be stayed upon the	86774
pendency of an appeal under this section. If a petition for	86775
reassessment is filed pursuant to this section on a claim that has	86776
been certified to the attorney general for collection, the claim	86777
shall be uncertified.	86778

(F) As used in this section:

86779

(1) "Last known address" means the address the department has	86780
at the time the document is originally sent by certified mail, or	86781
any address the department can ascertain using reasonable means	86782
such as the use of a change of address service offered by the	86783
United States postal service.	86784

(2) "Undeliverable address" means an address to which the	86785
United States postal service is not able to deliver a notice or	86786
order, except when the reason for nondelivery is because the	86787
addressee fails to acknowledge or accept the notice or order.	86788

Sec. 5705.14. No transfer shall be made from one fund of a	86789
subdivision to any other fund, by order of the court or otherwise,	86790
except as follows:	86791

(A) The unexpended balance in a bond fund that is no longer	86792
needed for the purpose for which such fund was created shall be	86793
transferred to the sinking fund or bond retirement fund from which	86794
such bonds are payable.	86795

(B) The unexpended balance in any specific permanent	86796
improvement fund, other than a bond fund, after the payment of all	86797
obligations incurred in the acquisition of such improvement, shall	86798
be transferred to the sinking fund or bond retirement fund of the	86799
subdivision; provided that if such money is not required to meet	86800
the obligations payable from such funds, it may be transferred to	86801
a special fund for the acquisition of permanent improvements, or,	86802
with the approval of the court of common pleas of the county in	86803
which such subdivision is located, to the general fund of the	86804
subdivision.	86805

(C) ~~The~~(1) Except as provided in division (C)(2) of this	86806
section, the unexpended balance in the sinking fund or bond	86807
retirement fund of a subdivision, after all indebtedness,	86808
interest, and other obligations for the payment of which such fund	86809
exists have been paid and retired, shall be transferred, in the	86810
case of the sinking fund, to the bond retirement fund, and in the	86811
case of the bond retirement fund, to the sinking fund; provided	86812
that if such transfer is impossible by reason of the nonexistence	86813
of the fund to receive the transfer, such unexpended balance, with	86814
the approval of the court of common pleas of the county in which	86815
such division is located, may be transferred to any other fund of	86816
the subdivision.	86817

(2) Money in a bond fund or bond retirement fund of a city,	86818
local, exempted village, cooperative education, or joint	86819
vocational school district may be transferred to a specific	86820
permanent improvement fund provided that the county budget	86821
commission of the county in which the school district is located	86822
approves the transfer upon its determination that the money	86823
transferred will not be required to meet the obligations payable	86824
from the bond fund or bond retirement fund. In arriving at such a	86825
determination, the county budget commission shall consider the	86826
balance of the bond fund or bond retirement fund, the outstanding	86827
obligations payable from the fund, and the sources and timing of	86828
the fund's revenue.	86829

(D) The unexpended balance in any special fund, other than an	86830
improvement fund, existing in accordance with division (D), (F),	86831
or (G) of section 5705.09 or section 5705.12 of the Revised Code,	86832
may be transferred to the general fund or to the sinking fund or	86833
bond retirement fund after the termination of the activity,	86834
service, or other undertaking for which such special fund existed,	86835
but only after the payment of all obligations incurred and payable	86836
from such special fund.	86837

(E) Money may be transferred from the general fund to any	86838
other fund of the subdivision.	86839

(F) Moneys retained or received by a county under section	86840
4501.04 or division (A)(3) of section 5735.27 of the Revised Code	86841
may be transferred from the fund into which they were deposited to	86842
the sinking fund or bond retirement fund from which any principal,	86843
interest, or charges for which such moneys may be used is payable.	86844

(G) Moneys retained or received by a municipal corporation	86845
under section 4501.04 or division (A)(1) or (2) of section 5735.27	86846
of the Revised Code may be transferred from the fund into which	86847
they were deposited to the sinking fund or bond retirement fund	86848
from which any principal, interest, or charges for which such	86849
moneys may be used is payable.	86850

(H)(1) Money may be transferred from the county developmental	86851
disabilities general fund to the county developmental disabilities	86852
capital fund established under section 5705.091 of the Revised	86853
Code or to any other fund created for the purposes of the county	86854
board of developmental disabilities, so long as money in the fund	86855
to which the money is transferred can be spent for the particular	86856
purpose of the transferred money. The county board of	86857
developmental disabilities may request, by resolution, that the	86858
board of county commissioners make the transfer. The county board	86859
of developmental disabilities shall transmit a certified copy of	86860
the resolution to the board of county commissioners. Upon	86861
receiving the resolution, the board of county commissioners may	86862
make the transfer. Money transferred to a fund shall be credited	86863
to an account appropriate to its particular purpose.	86864

(2) An unexpended balance in an account in the county	86865
developmental disabilities capital fund or any other fund created	86866
for the purposes of the county board of developmental disabilities	86867
may be transferred back to the county developmental disabilities	86868
general fund. The transfer may be made if the unexpended balance	86869
is no longer needed for its particular purpose and all outstanding	86870
obligations have been paid. Money transferred back to the county	86871
developmental disabilities general fund shall be credited to an	86872
account for current expenses within that fund. The county board of	86873
developmental disabilities may request, by resolution, that the	86874
board of county commissioners make the transfer. The county board	86875
of developmental disabilities shall transmit a certified copy of	86876
the resolution to the board of county commissioners. Upon	86877
receiving the resolution, the board of county commissioners may	86878
make the transfer.	86879

(I) Money may be transferred from the public assistance fund	86880
established under section 5101.161 of the Revised Code to the	86881
children services fund established under section 5101.144 of the	86882
Revised Code, so long as the money to be transferred from the	86883
public assistance fund may be spent for the purposes for which	86884
money in the children services fund may be used.	86885

Except in the case of transfer pursuant to division (E) of	86886
this section, transfers authorized by this section shall only be	86887
made by resolution of the taxing authority passed with the	86888
affirmative vote of two-thirds of the members.	86889

Sec. 5705.211. (A) As used in this section:

86890

(1) "Adjusted charge-off increase" for a tax year means two	86891
and two-tenths per cent of the cumulative carryover property value	86892
increase. ~~If the cumulative carryover property value increase is~~	86893
~~computed on the basis of a school district's recognized valuation~~	86894
~~for a fiscal year before fiscal year 2014, the adjusted charge-off~~	86895
~~increase shall be adjusted to account for the greater charge-off~~	86896
~~rates prescribed for such fiscal years under sections 3317.022 and~~	86897
~~3306.13 of the Revised Code.~~	86898

(2) "Cumulative carryover property value increase" means the	86899
sum of the increases in carryover value certified under division	86900
(B)(2) of section 3317.015 of the Revised Code and included in a	86901
school district's total taxable value in the computation of	86902
recognized valuation under division (B) of that section for all	86903
fiscal years from the fiscal year that ends in the first tax year	86904
a levy under this section is extended on the tax list of real and	86905
public utility property until and including the fiscal year that	86906
ends in the current tax year.	86907

(3) "Taxes charged and payable" means the taxes charged and	86908
payable from a tax levy extended on the real and public utility	86909
property tax list and the general list of personal property before	86910
any reduction under section 319.302, 323.152, or 323.158 of the	86911
Revised Code.	86912

(B) The board of education of a city, local, or exempted	86913
village school district may adopt a resolution proposing the levy	86914
of a tax in excess of the ten-mill limitation for the purpose of	86915
paying the current operating expenses of the district. If the	86916
resolution is approved as provided in division (D) of this	86917
section, the tax may be levied at such a rate each tax year that	86918
the total taxes charged and payable from the levy equals the	86919
adjusted charge-off increase for the tax year or equals a lesser	86920
amount as prescribed under division (C) of this section. The tax	86921
may be levied for a continuing period of time or for a specific	86922
number of years, but not fewer than five years, as provided in the	86923
resolution. The tax may not be placed on the tax list for a tax	86924
year beginning before the first day of January following adoption	86925
of the resolution. A board of education may not adopt a resolution	86926
under this section proposing to levy a tax under this section	86927
concurrently with any other tax levied by the board under this	86928
section.	86929

(C) After the first year a tax is levied under this section,	86930
the rate of the tax in any year shall not exceed the rate,	86931
estimated by the county auditor, that would cause the sums levied	86932
from the tax against carryover property to exceed one hundred four	86933
per cent of the sums levied from the tax against carryover	86934
property in the preceding year. A board of education imposing a	86935
tax under this section may specify in the resolution imposing the	86936
tax that the percentage shall be less than one hundred four per	86937
cent, but the percentage shall not be less than one hundred per	86938
cent. At any time after a resolution adopted under this section is	86939
approved by a majority of electors as provided in division (D) of	86940
this section, the board of education, by resolution, may decrease	86941
the percentage specified in the resolution levying the tax.	86942

(D) A resolution adopted under this section shall state that	86943
the purpose of the tax is to pay current operating expenses of the	86944
district, and shall specify the first year in which the tax is to	86945
be levied, the number of years the tax will be levied or that it	86946
will be levied for a continuing period of time, and the election	86947
at which the question of the tax is to appear on the ballot, which	86948
shall be a general or special election consistent with the	86949
requirements of section 3501.01 of the Revised Code. If the board	86950
of education specifies a percentage less than one hundred four per	86951
cent pursuant to division (C) of this section, the percentage	86952
shall be specified in the resolution.	86953

Upon adoption of the resolution, the board of education may	86954
certify a copy of the resolution to the proper county board of	86955
elections. The copy of the resolution shall be certified to the	86956
board of elections not later than ninety days before the day of	86957
the election at which the question of the tax is to appear on the	86958
ballot. Upon receiving a timely certified copy of such a	86959
resolution, the board of elections shall make the necessary	86960
arrangements for the submission of the question to the electors of	86961
the school district, and the election shall be conducted,	86962
canvassed, and certified in the same manner as regular elections	86963
in the school district for the election of members of the board of	86964
education. Notice of the election shall be published in one or	86965
more newspapers of general circulation in the school district once	86966
per week for four consecutive weeks. The notice shall state that	86967
the purpose of the tax is for the current operating expenses of	86968
the school district, the first year the tax is to be levied, the	86969
number of years the tax is to be levied or that it is to be levied	86970
for a continuing period of time, that the tax is to be levied each	86971
year in an amount estimated to offset decreases in state base cost	86972
funding caused by appreciation in real estate values, and that the	86973
estimated additional tax in any year shall not exceed the previous	86974
year's by more than four per cent, or a lesser percentage	86975
specified in the resolution levying the tax, except for increases	86976
caused by the addition of new taxable property.	86977

The question shall be submitted as a separate proposition but	86978
may be printed on the same ballot with any other proposition	86979
submitted at the same election other than the election of	86980
officers.	86981

The form of the ballot shall be substantially as follows:

86982

"An additional tax for the benefit of (name of school	86983
district) for the purpose of paying the current operating expenses	86984
of the district, for .......... (number of years or for continuing	86985
period of time), at a rate sufficient to offset any reduction in	86986
basic state funding caused by appreciation in real estate values?	86987
This levy will permit variable annual growth in revenue up to	86988
.......... (amount specified by school district) per cent for the	86989
duration of the levy.	86990

86991

		For the tax levy			86992
		Against the tax levy	"		86993

86994

If a majority of the electors of the school district voting	86995
on the question vote in favor of the question, the board of	86996
elections shall certify the results of the election to the board	86997
of education and to the tax commissioner immediately after the	86998
canvass.	86999

(E) When preparing any estimate of the contemplated receipts	87000
from a tax levied pursuant to this section for the purposes of	87001
sections 5705.28 to 5705.40 of the Revised Code, and in preparing	87002
to certify the tax under section 5705.34 of the Revised Code, a	87003
board of education authorized to levy such a tax shall use	87004
information supplied by the department of education to determine	87005
the adjusted charge-off increase for the tax year for which that	87006
certification is made. If the board levied a tax under this	87007
section in the preceding tax year, the sum to be certified for	87008
collection from the tax shall not exceed the sum that would exceed	87009
the limitation imposed under division (C) of this section. At the	87010
request of the board of education or the treasurer of the school	87011
district, the county auditor shall assist the board of education	87012
in determining the rate or sum that may be levied under this	87013
section.	87014

The board of education shall certify the sum authorized to be	87015
levied to the county auditor, and, for the purpose of the county	87016
auditor determining the rate at which the tax is to be levied in	87017
the tax year, the sum so certified shall be the sum to be raised	87018
by the tax unless the sum exceeds the limitation imposed by	87019
division (C) of this section. A tax levied pursuant to this	87020
section shall not be levied at a rate in excess of the rate	87021
estimated by the county auditor to produce the sum certified by	87022
the board of education before the reductions under sections	87023
319.302, 323.152, and 323.158 of the Revised Code. Notwithstanding	87024
section 5705.34 of the Revised Code, a board of education	87025
authorized to levy a tax under this section shall certify the tax	87026
to the county auditor before the first day of October of the tax	87027
year in which the tax is to be levied, or at a later date as	87028
approved by the tax commissioner.	87029

Sec. 5705.392. (A) A board of county commissioners may adopt	87030
as a part of its annual appropriation measure a spending plan, or	87031
in the case of an amended appropriation measure, an amended	87032
spending plan, setting forth a quarterly schedule of expenses and	87033
expenditures of all appropriations for the fiscal year from the	87034
county general fund. The spending plan shall be classified to set	87035
forth separately a quarterly schedule of expenses and expenditures	87036
for each office, department, and division, and within each, the	87037
amount appropriated for personal services. Each office,	87038
department, and division shall be limited in its expenses and	87039
expenditures of moneys appropriated from the general fund during	87040
any quarter by the schedule established in the spending plan. The	87041
schedule established in the spending plan shall serve as a	87042
limitation during a quarter on the making of contracts and giving	87043
of orders involving the expenditure of money during that quarter	87044
for purposes of division (D) of section 5705.41 of the Revised	87045
Code.	87046

(B)(1) A board of county commissioners, by resolution, may	87047
adopt a spending plan or an amended spending plan setting forth	87048
separately a quarterly schedule of expenses and expenditures of	87049
appropriations from any county fund, for the second half of a	87050
fiscal year and any subsequent fiscal year, for any county office,	87051
department, or division that has spent or encumbered more than	87052
six-tenths of the amount appropriated for personal services and	87053
payrolls during the first half of any fiscal year.	87054

(2) During any fiscal year, a board of county commissioners,	87055
by resolution, may adopt a spending plan or an amended spending	87056
plan setting forth separately a quarterly schedule of expenses and	87057
expenditures of appropriations from any county fund, for any	87058
county office, department, or division that, during the previous	87059
fiscal year, spent one hundred five per cent or more of the total	87060
amount appropriated by the board in its annual appropriation	87061
measure required by section 5705.38 of the Revised Code. The	87062
spending plan or amended spending plan shall remain in effect	87063
three fiscal years, or until the county officer of the office for	87064
which the plan was adopted is no longer in office, including terms	87065
of office to which the county officer is re-elected, whichever is	87066
later.	87067

(3) At least thirty days before adopting a resolution under	87068
division (B)(1) or (2) of this section, the board of county	87069
commissioners shall provide written notice to each county office,	87070
department, or division for which it intends to adopt a spending	87071
plan or an amended spending plan. The notice shall be sent by	87072
regular first class mail or provided by personal service, and	87073
shall include a copy of the proposed spending plan or proposed	87074
amended spending plan. The county office, department, or division	87075
may meet with the board at any regular session of the board to	87076
comment on the notice, or to express concerns or ask questions	87077
about the proposed spending plan or proposed amended spending	87078
plan.	87079

Sec. 5707.031. As used in this section, "qualifying dealer	87080
in intangibles" ~~has the same meaning as "qualifying dealer" in~~	87081
~~section 5725.24 of the Revised Code~~means a dealer in intangibles	87082
that is a qualifying dealer in intangibles as defined in section	87083
5733.45 of the Revised Code or a member of a qualifying controlled	87084
group, as defined in section 5733.04 of the Revised Code, of which	87085
an insurance company also is a member on the first day of January	87086
of the year in and for which the tax imposed by section 5707.03 of	87087
the Revised Code is required to be paid by the dealer.	87088

Upon the issuance of a tax credit certificate by the Ohio	87089
venture capital authority under section 150.07 of the Revised	87090
Code, a refundable credit may be claimed against the tax imposed	87091
on a qualifying dealer in intangibles under section 5707.03 and	87092
Chapter 5725. of the Revised Code. The credit shall be claimed on	87093
a return due under section 5725.14 of the Revised Code after the	87094
certificate is issued by the authority.	87095

Sec. 5709.07. (A) The following property shall be exempt	87096
from taxation:	87097

(1) Public schoolhouses, the books and furniture in them, and	87098
the ground attached to them necessary for the proper occupancy,	87099
use, and enjoyment of the schoolhouses~~, and not leased or~~	87100
~~otherwise used with a view to profit~~;	87101

(2) Houses used exclusively for public worship, the books and	87102
furniture in them, and the ground attached to them that is not	87103
leased or otherwise used with a view to profit and that is	87104
necessary for their proper occupancy, use, and enjoyment;	87105

(3) Real property owned and operated by a church that is used	87106
primarily for church retreats or church camping, and that is not	87107
used as a permanent residence. Real property exempted under	87108
division (A)(3) of this section may be made available by the	87109
church on a limited basis to charitable and educational	87110
institutions if the property is not leased or otherwise made	87111
available with a view to profit.	87112

(4) Public colleges and academies and all buildings connected	87113
with them, and all lands connected with public institutions of	87114
learning, not used with a view to profit, including those	87115
buildings and lands that satisfy all of the following:	87116

(a) The buildings are used for housing for full-time students	87117
or housing-related facilities for students, faculty, or employees	87118
of a state university, or for other purposes related to the state	87119
university's educational purpose, and the lands are underneath the	87120
buildings or are used for common space, walkways, and green spaces	87121
for the state university's students, faculty, or employees. As	87122
used in this division, "housing-related facilities" includes both	87123
parking facilities related to the buildings and common buildings	87124
made available to students, faculty, or employees of a state	87125
university. The leasing of space in housing-related facilities	87126
shall not be considered an activity with a view to profit for	87127
purposes of division (A)(4) of this section.	87128

(b) The buildings and lands are supervised or otherwise under	87129
the control, directly or indirectly, of an organization that is	87130
exempt from federal income taxation under section 501(c)(3) of the	87131
Internal Revenue Code of 1986, 100 Stat. 2085, 26 U.S.C. 1, as	87132
amended, and the state university has entered into a qualifying	87133
joint use agreement with the organization that entitles the	87134
students, faculty, or employees of the state university to use the	87135
lands or buildings;	87136

(c) The state university has agreed, under the terms of the	87137
qualifying joint use agreement with the organization described in	87138
division (A)(4)(b) of this section, that the state university, to	87139
the extent applicable under the agreement, will make payments to	87140
the organization in amounts sufficient to maintain agreed-upon	87141
debt service coverage ratios on bonds related to the lands or	87142
buildings.	87143

(B) This section shall not extend to leasehold estates or	87144
real property held under the authority of a college or university	87145
of learning in this state; but leaseholds, or other estates or	87146
property, real or personal, the rents, issues, profits, and income	87147
of which is given to a municipal corporation, school district, or	87148
subdistrict in this state exclusively for the use, endowment, or	87149
support of schools for the free education of youth without charge	87150
shall be exempt from taxation as long as such property, or the	87151
rents, issues, profits, or income of the property is used and	87152
exclusively applied for the support of free education by such	87153
municipal corporation, district, or subdistrict. Division (B) of	87154
this section shall not apply with respect to buildings and lands	87155
that satisfy all of the requirements specified in divisions	87156
(A)(4)(a) to (c) of this section.	87157

(C) For purposes of this section, if the requirements	87158
specified in divisions (A)(4)(a) to (c) of this section are	87159
satisfied, the buildings and lands with respect to which exemption	87160
is claimed under division (A)(4) of this section shall be deemed	87161
to be used with reasonable certainty in furthering or carrying out	87162
the necessary objects and purposes of a state university.	87163

(D) As used in this section:

87164

(1) "Church" means a fellowship of believers, congregation,	87165
society, corporation, convention, or association that is formed	87166
primarily or exclusively for religious purposes and that is not	87167
formed for the private profit of any person.	87168

(2) "State university" has the same meaning as in section	87169
3345.011 of the Revised Code.	87170

(3) "Qualifying joint use agreement" means an agreement that	87171
satisfies all of the following:	87172

(a) The agreement was entered into before June 30, 2004;

87173

(b) The agreement is between a state university and an	87174
organization that is exempt from federal income taxation under	87175
section 501(c)(3) of the Internal Revenue Code of 1986, 100 Stat.	87176
2085, 26 U.S.C. 1, as amended; and	87177

(c) The state university that is a party to the agreement	87178
reported to the Ohio board of regents that the university	87179
maintained a headcount of at least twenty-five thousand students	87180
on its main campus during the academic school year that began in	87181
calendar year 2003 and ended in calendar year 2004.	87182

Sec. 5709.62. (A) In any municipal corporation that is	87183
defined by the United States office of management and budget as a	87184
principal city of a metropolitan statistical area, the legislative	87185
authority of the municipal corporation may designate one or more	87186
areas within its municipal corporation as proposed enterprise	87187
zones. Upon designating an area, the legislative authority shall	87188
petition the director of development for certification of the area	87189
as having the characteristics set forth in division (A)(1) of	87190
section 5709.61 of the Revised Code as amended by Substitute	87191
Senate Bill No. 19 of the 120th general assembly. Except as	87192
otherwise provided in division (E) of this section, on and after	87193
July 1, 1994, legislative authorities shall not enter into	87194
agreements under this section unless the legislative authority has	87195
petitioned the director and the director has certified the zone	87196
under this section as amended by that act; however, all agreements	87197
entered into under this section as it existed prior to July 1,	87198
1994, and the incentives granted under those agreements shall	87199
remain in effect for the period agreed to under those agreements.	87200
Within sixty days after receiving such a petition, the director	87201
shall determine whether the area has the characteristics set forth	87202
in division (A)(1) of section 5709.61 of the Revised Code, and	87203
shall forward the findings to the legislative authority of the	87204
municipal corporation. If the director certifies the area as	87205
having those characteristics, and thereby certifies it as a zone,	87206
the legislative authority may enter into an agreement with an	87207
enterprise under division (C) of this section.	87208

(B) Any enterprise that wishes to enter into an agreement	87209
with a municipal corporation under division (C) of this section	87210
shall submit a proposal to the legislative authority of the	87211
municipal corporation on a form prescribed by the director of	87212
development, together with the application fee established under	87213
section 5709.68 of the Revised Code. The form shall require the	87214
following information:	87215

(1) An estimate of the number of new employees whom the	87216
enterprise intends to hire, or of the number of employees whom the	87217
enterprise intends to retain, within the zone at a facility that	87218
is a project site, and an estimate of the amount of payroll of the	87219
enterprise attributable to these employees;	87220

(2) An estimate of the amount to be invested by the	87221
enterprise to establish, expand, renovate, or occupy a facility,	87222
including investment in new buildings, additions or improvements	87223
to existing buildings, machinery, equipment, furniture, fixtures,	87224
and inventory;	87225

(3) A listing of the enterprise's current investment, if any,	87226
in a facility as of the date of the proposal's submission.	87227

The enterprise shall review and update the listings required	87228
under this division to reflect material changes, and any agreement	87229
entered into under division (C) of this section shall set forth	87230
final estimates and listings as of the time the agreement is	87231
entered into. The legislative authority may, on a separate form	87232
and at any time, require any additional information necessary to	87233
determine whether an enterprise is in compliance with an agreement	87234
and to collect the information required to be reported under	87235
section 5709.68 of the Revised Code.	87236

(C) Upon receipt and investigation of a proposal under	87237
division (B) of this section, if the legislative authority finds	87238
that the enterprise submitting the proposal is qualified by	87239
financial responsibility and business experience to create and	87240
preserve employment opportunities in the zone and improve the	87241
economic climate of the municipal corporation, the legislative	87242
authority, on or before October 15, ~~2011~~2012, may do one of the	87243
following:	87244

(1) Enter into an agreement with the enterprise under which	87245
the enterprise agrees to establish, expand, renovate, or occupy a	87246
facility and hire new employees, or preserve employment	87247
opportunities for existing employees, in return for one or more of	87248
the following incentives:	87249

(a) Exemption for a specified number of years, not to exceed	87250
fifteen, of a specified portion, up to seventy-five per cent, of	87251
the assessed value of tangible personal property first used in	87252
business at the project site as a result of the agreement. If an	87253
exemption for inventory is specifically granted in the agreement	87254
pursuant to this division, the exemption applies to inventory	87255
required to be listed pursuant to sections 5711.15 and 5711.16 of	87256
the Revised Code, except that, in the instance of an expansion or	87257
other situations in which an enterprise was in business at the	87258
facility prior to the establishment of the zone, the inventory	87259
that is exempt is that amount or value of inventory in excess of	87260
the amount or value of inventory required to be listed in the	87261
personal property tax return of the enterprise in the return for	87262
the tax year in which the agreement is entered into.	87263

(b) Exemption for a specified number of years, not to exceed	87264
fifteen, of a specified portion, up to seventy-five per cent, of	87265
the increase in the assessed valuation of real property	87266
constituting the project site subsequent to formal approval of the	87267
agreement by the legislative authority;	87268

(c) Provision for a specified number of years, not to exceed	87269
fifteen, of any optional services or assistance that the municipal	87270
corporation is authorized to provide with regard to the project	87271
site.	87272

(2) Enter into an agreement under which the enterprise agrees	87273
to remediate an environmentally contaminated facility, to spend an	87274
amount equal to at least two hundred fifty per cent of the true	87275
value in money of the real property of the facility prior to	87276
remediation as determined for the purposes of property taxation to	87277
establish, expand, renovate, or occupy the remediated facility,	87278
and to hire new employees or preserve employment opportunities for	87279
existing employees at the remediated facility, in return for one	87280
or more of the following incentives:	87281

(a) Exemption for a specified number of years, not to exceed	87282
fifteen, of a specified portion, not to exceed fifty per cent, of	87283
the assessed valuation of the real property of the facility prior	87284
to remediation;	87285

(b) Exemption for a specified number of years, not to exceed	87286
fifteen, of a specified portion, not to exceed one hundred per	87287
cent, of the increase in the assessed valuation of the real	87288
property of the facility during or after remediation;	87289

(c) The incentive under division (C)(1)(a) of this section,	87290
except that the percentage of the assessed value of such property	87291
exempted from taxation shall not exceed one hundred per cent;	87292

(d) The incentive under division (C)(1)(c) of this section.

87293

(3) Enter into an agreement with an enterprise that plans to	87294
purchase and operate a large manufacturing facility that has	87295
ceased operation or announced its intention to cease operation, in	87296
return for exemption for a specified number of years, not to	87297
exceed fifteen, of a specified portion, up to one hundred per	87298
cent, of the assessed value of tangible personal property used in	87299
business at the project site as a result of the agreement, or of	87300
the assessed valuation of real property constituting the project	87301
site, or both.	87302

(D)(1) Notwithstanding divisions (C)(1)(a) and (b) of this	87303
section, the portion of the assessed value of tangible personal	87304
property or of the increase in the assessed valuation of real	87305
property exempted from taxation under those divisions may exceed	87306
seventy-five per cent in any year for which that portion is	87307
exempted if the average percentage exempted for all years in which	87308
the agreement is in effect does not exceed sixty per cent, or if	87309
the board of education of the city, local, or exempted village	87310
school district within the territory of which the property is or	87311
will be located approves a percentage in excess of seventy-five	87312
per cent.	87313

(2) Notwithstanding any provision of the Revised Code to the	87314
contrary, the exemptions described in divisions (C)(1)(a), (b),	87315
and (c), (C)(2)(a), (b), and (c), and (C)(3) of this section may	87316
be for up to fifteen years if the board of education of the city,	87317
local, or exempted village school district within the territory of	87318
which the property is or will be located approves a number of	87319
years in excess of ten.	87320

(3) For the purpose of obtaining the approval of a city,	87321
local, or exempted village school district under division (D)(1)	87322
or (2) of this section, the legislative authority shall deliver to	87323
the board of education a notice not later than forty-five days	87324
prior to approving the agreement, excluding Saturdays, Sundays,	87325
and legal holidays as defined in section 1.14 of the Revised Code.	87326
The notice shall state the percentage to be exempted, an estimate	87327
of the true value of the property to be exempted, and the number	87328
of years the property is to be exempted. The board of education,	87329
by resolution adopted by a majority of the board, shall approve or	87330
disapprove the agreement and certify a copy of the resolution to	87331
the legislative authority not later than fourteen days prior to	87332
the date stipulated by the legislative authority as the date upon	87333
which approval of the agreement is to be formally considered by	87334
the legislative authority. The board of education may include in	87335
the resolution conditions under which the board would approve the	87336
agreement, including the execution of an agreement to compensate	87337
the school district under division (B) of section 5709.82 of the	87338
Revised Code. The legislative authority may approve the agreement	87339
at any time after the board of education certifies its resolution	87340
approving the agreement to the legislative authority, or, if the	87341
board approves the agreement conditionally, at any time after the	87342
conditions are agreed to by the board and the legislative	87343
authority.	87344

If a board of education has adopted a resolution waiving its	87345
right to approve agreements and the resolution remains in effect,	87346
approval of an agreement by the board is not required under this	87347
division. If a board of education has adopted a resolution	87348
allowing a legislative authority to deliver the notice required	87349
under this division fewer than forty-five business days prior to	87350
the legislative authority's approval of the agreement, the	87351
legislative authority shall deliver the notice to the board not	87352
later than the number of days prior to such approval as prescribed	87353
by the board in its resolution. If a board of education adopts a	87354
resolution waiving its right to approve agreements or shortening	87355
the notification period, the board shall certify a copy of the	87356
resolution to the legislative authority. If the board of education	87357
rescinds such a resolution, it shall certify notice of the	87358
rescission to the legislative authority.	87359

(4) The legislative authority shall comply with section	87360
5709.83 of the Revised Code unless the board of education has	87361
adopted a resolution under that section waiving its right to	87362
receive such notice.	87363

(E) This division applies to zones certified by the director	87364
of development under this section prior to July 22, 1994.	87365

On or before October 15, ~~2011~~2012, the legislative authority	87366
that designated a zone to which this division applies may enter	87367
into an agreement with an enterprise if the legislative authority	87368
finds that the enterprise satisfies one of the criteria described	87369
in divisions (E)(1) to (5) of this section:	87370

(1) The enterprise currently has no operations in this state	87371
and, subject to approval of the agreement, intends to establish	87372
operations in the zone;	87373

(2) The enterprise currently has operations in this state	87374
and, subject to approval of the agreement, intends to establish	87375
operations at a new location in the zone that would not result in	87376
a reduction in the number of employee positions at any of the	87377
enterprise's other locations in this state;	87378

(3) The enterprise, subject to approval of the agreement,	87379
intends to relocate operations, currently located in another	87380
state, to the zone;	87381

(4) The enterprise, subject to approval of the agreement,	87382
intends to expand operations at an existing site in the zone that	87383
the enterprise currently operates;	87384

(5) The enterprise, subject to approval of the agreement,	87385
intends to relocate operations, currently located in this state,	87386
to the zone, and the director of development has issued a waiver	87387
for the enterprise under division (B) of section 5709.633 of the	87388
Revised Code.	87389

The agreement shall require the enterprise to agree to	87390
establish, expand, renovate, or occupy a facility in the zone and	87391
hire new employees, or preserve employment opportunities for	87392
existing employees, in return for one or more of the incentives	87393
described in division (C) of this section.	87394

(F) All agreements entered into under this section shall be	87395
in the form prescribed under section 5709.631 of the Revised Code.	87396
After an agreement is entered into under this section, if the	87397
legislative authority revokes its designation of a zone, or if the	87398
director of development revokes a zone's certification, any	87399
entitlements granted under the agreement shall continue for the	87400
number of years specified in the agreement.	87401

(G) Except as otherwise provided in this division, an	87402
agreement entered into under this section shall require that the	87403
enterprise pay an annual fee equal to the greater of one per cent	87404
of the dollar value of incentives offered under the agreement or	87405
five hundred dollars; provided, however, that if the value of the	87406
incentives exceeds two hundred fifty thousand dollars, the fee	87407
shall not exceed two thousand five hundred dollars. The fee shall	87408
be payable to the legislative authority once per year for each	87409
year the agreement is effective on the days and in the form	87410
specified in the agreement. Fees paid shall be deposited in a	87411
special fund created for such purpose by the legislative authority	87412
and shall be used by the legislative authority exclusively for the	87413
purpose of complying with section 5709.68 of the Revised Code and	87414
by the tax incentive review council created under section 5709.85	87415
of the Revised Code exclusively for the purposes of performing the	87416
duties prescribed under that section. The legislative authority	87417
may waive or reduce the amount of the fee charged against an	87418
enterprise, but such a waiver or reduction does not affect the	87419
obligations of the legislative authority or the tax incentive	87420
review council to comply with section 5709.68 or 5709.85 of the	87421
Revised Code.	87422

(H) When an agreement is entered into pursuant to this	87423
section, the legislative authority authorizing the agreement shall	87424
forward a copy of the agreement to the director of development and	87425
to the tax commissioner within fifteen days after the agreement is	87426
entered into. If any agreement includes terms not provided for in	87427
section 5709.631 of the Revised Code affecting the revenue of a	87428
city, local, or exempted village school district or causing	87429
revenue to be forgone by the district, including any compensation	87430
to be paid to the school district pursuant to section 5709.82 of	87431
the Revised Code, those terms also shall be forwarded in writing	87432
to the director of development along with the copy of the	87433
agreement forwarded under this division.	87434

(I) After an agreement is entered into, the enterprise shall	87435
file with each personal property tax return required to be filed,	87436
or annual report required to be filed under section 5727.08 of the	87437
Revised Code, while the agreement is in effect, an informational	87438
return, on a form prescribed by the tax commissioner for that	87439
purpose, setting forth separately the property, and related costs	87440
and values, exempted from taxation under the agreement.	87441

(J) Enterprises may agree to give preference to residents of	87442
the zone within which the agreement applies relative to residents	87443
of this state who do not reside in the zone when hiring new	87444
employees under the agreement.	87445

(K) An agreement entered into under this section may include	87446
a provision requiring the enterprise to create one or more	87447
temporary internship positions for students enrolled in a course	87448
of study at a school or other educational institution in the	87449
vicinity, and to create a scholarship or provide another form of	87450
educational financial assistance for students holding such a	87451
position in exchange for the student's commitment to work for the	87452
enterprise at the completion of the internship.	87453

(L) The tax commissioner's authority in determining the	87454
accuracy of any exemption granted by an agreement entered into	87455
under this section is limited to divisions (C)(1)(a) and (b),	87456
(C)(2)(a), (b), and (c), (C)(3), (D), and (I) of this section and	87457
divisions (B)(1) to (10) of section 5709.631 of the Revised Code	87458
and, as authorized by law, to enforcing any modification to, or	87459
revocation of, that agreement by the legislative authority of a	87460
municipal corporation or the director of development.	87461

Sec. 5709.63. (A) With the consent of the legislative	87462
authority of each affected municipal corporation or of a board of	87463
township trustees, a board of county commissioners may, in the	87464
manner set forth in section 5709.62 of the Revised Code, designate	87465
one or more areas in one or more municipal corporations or in	87466
unincorporated areas of the county as proposed enterprise zones. A	87467
board of county commissioners may designate no more than one area	87468
within a township, or within adjacent townships, as a proposed	87469
enterprise zone. The board shall petition the director of	87470
development for certification of the area as having the	87471
characteristics set forth in division (A)(1) or (2) of section	87472
5709.61 of the Revised Code as amended by Substitute Senate Bill	87473
No. 19 of the 120th general assembly. Except as otherwise provided	87474
in division (D) of this section, on and after July 1, 1994, boards	87475
of county commissioners shall not enter into agreements under this	87476
section unless the board has petitioned the director and the	87477
director has certified the zone under this section as amended by	87478
that act; however, all agreements entered into under this section	87479
as it existed prior to July 1, 1994, and the incentives granted	87480
under those agreements shall remain in effect for the period	87481
agreed to under those agreements. The director shall make the	87482
determination in the manner provided under section 5709.62 of the	87483
Revised Code.	87484

Any enterprise wishing to enter into an agreement with the	87485
board under division (B) or (D) of this section shall submit a	87486
proposal to the board on the form and accompanied by the	87487
application fee prescribed under division (B) of section 5709.62	87488
of the Revised Code. The enterprise shall review and update the	87489
estimates and listings required by the form in the manner required	87490
under that division. The board may, on a separate form and at any	87491
time, require any additional information necessary to determine	87492
whether an enterprise is in compliance with an agreement and to	87493
collect the information required to be reported under section	87494
5709.68 of the Revised Code.	87495

(B) If the board of county commissioners finds that an	87496
enterprise submitting a proposal is qualified by financial	87497
responsibility and business experience to create and preserve	87498
employment opportunities in the zone and to improve the economic	87499
climate of the municipal corporation or municipal corporations or	87500
the unincorporated areas in which the zone is located and to which	87501
the proposal applies, the board, on or before October 15, ~~2011~~	87502
2012, and with the consent of the legislative authority of each	87503
affected municipal corporation or of the board of township	87504
trustees may do either of the following:	87505

(1) Enter into an agreement with the enterprise under which	87506
the enterprise agrees to establish, expand, renovate, or occupy a	87507
facility in the zone and hire new employees, or preserve	87508
employment opportunities for existing employees, in return for the	87509
following incentives:	87510

(a) When the facility is located in a municipal corporation,	87511
the board may enter into an agreement for one or more of the	87512
incentives provided in division (C) of section 5709.62 of the	87513
Revised Code, subject to division (D) of that section;	87514

(b) When the facility is located in an unincorporated area,	87515
the board may enter into an agreement for one or more of the	87516
following incentives:	87517

(i) Exemption for a specified number of years, not to exceed	87518
fifteen, of a specified portion, up to sixty per cent, of the	87519
assessed value of tangible personal property first used in	87520
business at a project site as a result of the agreement. If an	87521
exemption for inventory is specifically granted in the agreement	87522
pursuant to this division, the exemption applies to inventory	87523
required to be listed pursuant to sections 5711.15 and 5711.16 of	87524
the Revised Code, except, in the instance of an expansion or other	87525
situations in which an enterprise was in business at the facility	87526
prior to the establishment of the zone, the inventory that is	87527
exempt is that amount or value of inventory in excess of the	87528
amount or value of inventory required to be listed in the personal	87529
property tax return of the enterprise in the return for the tax	87530
year in which the agreement is entered into.	87531

(ii) Exemption for a specified number of years, not to exceed	87532
fifteen, of a specified portion, up to sixty per cent, of the	87533
increase in the assessed valuation of real property constituting	87534
the project site subsequent to formal approval of the agreement by	87535
the board;	87536

(iii) Provision for a specified number of years, not to	87537
exceed fifteen, of any optional services or assistance the board	87538
is authorized to provide with regard to the project site;	87539

(iv) The incentive described in division (C)(2) of section	87540
5709.62 of the Revised Code.	87541

(2) Enter into an agreement with an enterprise that plans to	87542
purchase and operate a large manufacturing facility that has	87543
ceased operation or has announced its intention to cease	87544
operation, in return for exemption for a specified number of	87545
years, not to exceed fifteen, of a specified portion, up to one	87546
hundred per cent, of tangible personal property used in business	87547
at the project site as a result of the agreement, or of real	87548
property constituting the project site, or both.	87549

(C)(1)(a) Notwithstanding divisions (B)(1)(b)(i) and (ii) of	87550
this section, the portion of the assessed value of tangible	87551
personal property or of the increase in the assessed valuation of	87552
real property exempted from taxation under those divisions may	87553
exceed sixty per cent in any year for which that portion is	87554
exempted if the average percentage exempted for all years in which	87555
the agreement is in effect does not exceed fifty per cent, or if	87556
the board of education of the city, local, or exempted village	87557
school district within the territory of which the property is or	87558
will be located approves a percentage in excess of sixty per cent.	87559

(b) Notwithstanding any provision of the Revised Code to the	87560
contrary, the exemptions described in divisions (B)(1)(b)(i),	87561
(ii), (iii), and (iv) and (B)(2) of this section may be for up to	87562
fifteen years if the board of education of the city, local, or	87563
exempted village school district within the territory of which the	87564
property is or will be located approves a number of years in	87565
excess of ten.	87566

(c) For the purpose of obtaining the approval of a city,	87567
local, or exempted village school district under division	87568
(C)(1)(a) or (b) of this section, the board of county	87569
commissioners shall deliver to the board of education a notice not	87570
later than forty-five days prior to approving the agreement,	87571
excluding Saturdays, Sundays, and legal holidays as defined in	87572
section 1.14 of the Revised Code. The notice shall state the	87573
percentage to be exempted, an estimate of the true value of the	87574
property to be exempted, and the number of years the property is	87575
to be exempted. The board of education, by resolution adopted by a	87576
majority of the board, shall approve or disapprove the agreement	87577
and certify a copy of the resolution to the board of county	87578
commissioners not later than fourteen days prior to the date	87579
stipulated by the board of county commissioners as the date upon	87580
which approval of the agreement is to be formally considered by	87581
the board of county commissioners. The board of education may	87582
include in the resolution conditions under which the board would	87583
approve the agreement, including the execution of an agreement to	87584
compensate the school district under division (B) of section	87585
5709.82 of the Revised Code. The board of county commissioners may	87586
approve the agreement at any time after the board of education	87587
certifies its resolution approving the agreement to the board of	87588
county commissioners, or, if the board of education approves the	87589
agreement conditionally, at any time after the conditions are	87590
agreed to by the board of education and the board of county	87591
commissioners.	87592

If a board of education has adopted a resolution waiving its	87593
right to approve agreements and the resolution remains in effect,	87594
approval of an agreement by the board of education is not required	87595
under division (C) of this section. If a board of education has	87596
adopted a resolution allowing a board of county commissioners to	87597
deliver the notice required under this division fewer than	87598
forty-five business days prior to approval of the agreement by the	87599
board of county commissioners, the board of county commissioners	87600
shall deliver the notice to the board of education not later than	87601
the number of days prior to such approval as prescribed by the	87602
board of education in its resolution. If a board of education	87603
adopts a resolution waiving its right to approve agreements or	87604
shortening the notification period, the board of education shall	87605
certify a copy of the resolution to the board of county	87606
commissioners. If the board of education rescinds such a	87607
resolution, it shall certify notice of the rescission to the board	87608
of county commissioners.	87609

(2) The board of county commissioners shall comply with	87610
section 5709.83 of the Revised Code unless the board of education	87611
has adopted a resolution under that section waiving its right to	87612
receive such notice.	87613

(D) This division applies to zones certified by the director	87614
of development under this section prior to July 22, 1994.	87615

On or before October 15, ~~2011~~2012, and with the consent of	87616
the legislative authority of each affected municipal corporation	87617
or board of township trustees of each affected township, the board	87618
of county commissioners that designated a zone to which this	87619
division applies may enter into an agreement with an enterprise if	87620
the board finds that the enterprise satisfies one of the criteria	87621
described in divisions (D)(1) to (5) of this section:	87622

(1) The enterprise currently has no operations in this state	87623
and, subject to approval of the agreement, intends to establish	87624
operations in the zone;	87625

(2) The enterprise currently has operations in this state	87626
and, subject to approval of the agreement, intends to establish	87627
operations at a new location in the zone that would not result in	87628
a reduction in the number of employee positions at any of the	87629
enterprise's other locations in this state;	87630

(3) The enterprise, subject to approval of the agreement,	87631
intends to relocate operations, currently located in another	87632
state, to the zone;	87633

(4) The enterprise, subject to approval of the agreement,	87634
intends to expand operations at an existing site in the zone that	87635
the enterprise currently operates;	87636

(5) The enterprise, subject to approval of the agreement,	87637
intends to relocate operations, currently located in this state,	87638
to the zone, and the director of development has issued a waiver	87639
for the enterprise under division (B) of section 5709.633 of the	87640
Revised Code.	87641

The agreement shall require the enterprise to agree to	87642
establish, expand, renovate, or occupy a facility in the zone and	87643
hire new employees, or preserve employment opportunities for	87644
existing employees, in return for one or more of the incentives	87645
described in division (B) of this section.	87646

(E) All agreements entered into under this section shall be	87647
in the form prescribed under section 5709.631 of the Revised Code.	87648
After an agreement under this section is entered into, if the	87649
board of county commissioners revokes its designation of a zone,	87650
or if the director of development revokes a zone's certification,	87651
any entitlements granted under the agreement shall continue for	87652
the number of years specified in the agreement.	87653

(F) Except as otherwise provided in this division, an	87654
agreement entered into under this section shall require that the	87655
enterprise pay an annual fee equal to the greater of one per cent	87656
of the dollar value of incentives offered under the agreement or	87657
five hundred dollars; provided, however, that if the value of the	87658
incentives exceeds two hundred fifty thousand dollars, the fee	87659
shall not exceed two thousand five hundred dollars. The fee shall	87660
be payable to the board of county commissioners once per year for	87661
each year the agreement is effective on the days and in the form	87662
specified in the agreement. Fees paid shall be deposited in a	87663
special fund created for such purpose by the board and shall be	87664
used by the board exclusively for the purpose of complying with	87665
section 5709.68 of the Revised Code and by the tax incentive	87666
review council created under section 5709.85 of the Revised Code	87667
exclusively for the purposes of performing the duties prescribed	87668
under that section. The board may waive or reduce the amount of	87669
the fee charged against an enterprise, but such waiver or	87670
reduction does not affect the obligations of the board or the tax	87671
incentive review council to comply with section 5709.68 or 5709.85	87672
of the Revised Code, respectively.	87673

(G) With the approval of the legislative authority of a	87674
municipal corporation or the board of township trustees of a	87675
township in which a zone is designated under division (A) of this	87676
section, the board of county commissioners may delegate to that	87677
legislative authority or board any powers and duties of the board	87678
of county commissioners to negotiate and administer agreements	87679
with regard to that zone under this section.	87680

(H) When an agreement is entered into pursuant to this	87681
section, the board of county commissioners authorizing the	87682
agreement or the legislative authority or board of township	87683
trustees that negotiates and administers the agreement shall	87684
forward a copy of the agreement to the director of development and	87685
to the tax commissioner within fifteen days after the agreement is	87686
entered into. If any agreement includes terms not provided for in	87687
section 5709.631 of the Revised Code affecting the revenue of a	87688
city, local, or exempted village school district or causing	87689
revenue to be foregone by the district, including any compensation	87690
to be paid to the school district pursuant to section 5709.82 of	87691
the Revised Code, those terms also shall be forwarded in writing	87692
to the director of development along with the copy of the	87693
agreement forwarded under this division.	87694

(I) After an agreement is entered into, the enterprise shall	87695
file with each personal property tax return required to be filed,	87696
or annual report that is required to be filed under section	87697
5727.08 of the Revised Code, while the agreement is in effect, an	87698
informational return, on a form prescribed by the tax commissioner	87699
for that purpose, setting forth separately the property, and	87700
related costs and values, exempted from taxation under the	87701
agreement.	87702

(J) Enterprises may agree to give preference to residents of	87703
the zone within which the agreement applies relative to residents	87704
of this state who do not reside in the zone when hiring new	87705
employees under the agreement.	87706

(K) An agreement entered into under this section may include	87707
a provision requiring the enterprise to create one or more	87708
temporary internship positions for students enrolled in a course	87709
of study at a school or other educational institution in the	87710
vicinity, and to create a scholarship or provide another form of	87711
educational financial assistance for students holding such a	87712
position in exchange for the student's commitment to work for the	87713
enterprise at the completion of the internship.	87714

(L) The tax commissioner's authority in determining the	87715
accuracy of any exemption granted by an agreement entered into	87716
under this section is limited to divisions (B)(1)(b)(i) and (ii),	87717
(B)(2), (C), and (I) of this section, division (B)(1)(b)(iv) of	87718
this section as it pertains to divisions (C)(2)(a), (b), and (c)	87719
of section 5709.62 of the Revised Code, and divisions (B)(1) to	87720
(10) of section 5709.631 of the Revised Code and, as authorized by	87721
law, to enforcing any modification to, or revocation of, that	87722
agreement by the board of county commissioners or the director of	87723
development or, if the board's powers and duties are delegated	87724
under division (G) of this section, by the legislative authority	87725
of a municipal corporation or board of township trustees.	87726

Sec. 5709.632. (A)(1) The legislative authority of a	87727
municipal corporation defined by the United States office of	87728
management and budget as a principal city of a metropolitan	87729
statistical area may, in the manner set forth in section 5709.62	87730
of the Revised Code, designate one or more areas in the municipal	87731
corporation as a proposed enterprise zone.	87732

(2) With the consent of the legislative authority of each	87733
affected municipal corporation or of a board of township trustees,	87734
a board of county commissioners may, in the manner set forth in	87735
section 5709.62 of the Revised Code, designate one or more areas	87736
in one or more municipal corporations or in unincorporated areas	87737
of the county as proposed urban jobs and enterprise zones, except	87738
that a board of county commissioners may designate no more than	87739
one area within a township, or within adjacent townships, as a	87740
proposed urban jobs and enterprise zone.	87741

(3) The legislative authority or board of county	87742
commissioners may petition the director of development for	87743
certification of the area as having the characteristics set forth	87744
in division (A)(3) of section 5709.61 of the Revised Code. Within	87745
sixty days after receiving such a petition, the director shall	87746
determine whether the area has the characteristics set forth in	87747
that division and forward the findings to the legislative	87748
authority or board of county commissioners. If the director	87749
certifies the area as having those characteristics and thereby	87750
certifies it as a zone, the legislative authority or board may	87751
enter into agreements with enterprises under division (B) of this	87752
section. Any enterprise wishing to enter into an agreement with a	87753
legislative authority or board of county commissioners under this	87754
section and satisfying one of the criteria described in divisions	87755
(B)(1) to (5) of this section shall submit a proposal to the	87756
legislative authority or board on the form prescribed under	87757
division (B) of section 5709.62 of the Revised Code and shall	87758
review and update the estimates and listings required by the form	87759
in the manner required under that division. The legislative	87760
authority or board may, on a separate form and at any time,	87761
require any additional information necessary to determine whether	87762
an enterprise is in compliance with an agreement and to collect	87763
the information required to be reported under section 5709.68 of	87764
the Revised Code.	87765

(B) Prior to entering into an agreement with an enterprise,	87766
the legislative authority or board of county commissioners shall	87767
determine whether the enterprise submitting the proposal is	87768
qualified by financial responsibility and business experience to	87769
create and preserve employment opportunities in the zone and to	87770
improve the economic climate of the municipal corporation or	87771
municipal corporations or the unincorporated areas in which the	87772
zone is located and to which the proposal applies, and whether the	87773
enterprise satisfies one of the following criteria:	87774

(1) The enterprise currently has no operations in this state	87775
and, subject to approval of the agreement, intends to establish	87776
operations in the zone;	87777

(2) The enterprise currently has operations in this state	87778
and, subject to approval of the agreement, intends to establish	87779
operations at a new location in the zone that would not result in	87780
a reduction in the number of employee positions at any of the	87781
enterprise's other locations in this state;	87782

(3) The enterprise, subject to approval of the agreement,	87783
intends to relocate operations, currently located in another	87784
state, to the zone;	87785

(4) The enterprise, subject to approval of the agreement,	87786
intends to expand operations at an existing site in the zone that	87787
the enterprise currently operates;	87788

(5) The enterprise, subject to approval of the agreement,	87789
intends to relocate operations, currently located in this state,	87790
to the zone, and the director of development has issued a waiver	87791
for the enterprise under division (B) of section 5709.633 of the	87792
Revised Code.	87793

(C) If the legislative authority or board determines that the	87794
enterprise is so qualified and satisfies one of the criteria	87795
described in divisions (B)(1) to (5) of this section, the	87796
legislative authority or board may, after complying with section	87797
5709.83 of the Revised Code and on or before October 15, ~~2011~~	87798
2012, and, in the case of a board of commissioners, with the	87799
consent of the legislative authority of each affected municipal	87800
corporation or of the board of township trustees, enter into an	87801
agreement with the enterprise under which the enterprise agrees to	87802
establish, expand, renovate, or occupy a facility in the zone and	87803
hire new employees, or preserve employment opportunities for	87804
existing employees, in return for the following incentives:	87805

(1) When the facility is located in a municipal corporation,	87806
a legislative authority or board of commissioners may enter into	87807
an agreement for one or more of the incentives provided in	87808
division (C) of section 5709.62 of the Revised Code, subject to	87809
division (D) of that section;	87810

(2) When the facility is located in an unincorporated area, a	87811
board of commissioners may enter into an agreement for one or more	87812
of the incentives provided in divisions (B)(1)(b), (B)(2), and	87813
(B)(3) of section 5709.63 of the Revised Code, subject to division	87814
(C) of that section.	87815

(D) All agreements entered into under this section shall be	87816
in the form prescribed under section 5709.631 of the Revised Code.	87817
After an agreement under this section is entered into, if the	87818
legislative authority or board of county commissioners revokes its	87819
designation of the zone, or if the director of development revokes	87820
the zone's certification, any entitlements granted under the	87821
agreement shall continue for the number of years specified in the	87822
agreement.	87823

(E) Except as otherwise provided in this division, an	87824
agreement entered into under this section shall require that the	87825
enterprise pay an annual fee equal to the greater of one per cent	87826
of the dollar value of incentives offered under the agreement or	87827
five hundred dollars; provided, however, that if the value of the	87828
incentives exceeds two hundred fifty thousand dollars, the fee	87829
shall not exceed two thousand five hundred dollars. The fee shall	87830
be payable to the legislative authority or board of commissioners	87831
once per year for each year the agreement is effective on the days	87832
and in the form specified in the agreement. Fees paid shall be	87833
deposited in a special fund created for such purpose by the	87834
legislative authority or board and shall be used by the	87835
legislative authority or board exclusively for the purpose of	87836
complying with section 5709.68 of the Revised Code and by the tax	87837
incentive review council created under section 5709.85 of the	87838
Revised Code exclusively for the purposes of performing the duties	87839
prescribed under that section. The legislative authority or board	87840
may waive or reduce the amount of the fee charged against an	87841
enterprise, but such waiver or reduction does not affect the	87842
obligations of the legislative authority or board or the tax	87843
incentive review council to comply with section 5709.68 or 5709.85	87844
of the Revised Code, respectively.	87845

(F) With the approval of the legislative authority of a	87846
municipal corporation or the board of township trustees of a	87847
township in which a zone is designated under division (A)(2) of	87848
this section, the board of county commissioners may delegate to	87849
that legislative authority or board any powers and duties of the	87850
board to negotiate and administer agreements with regard to that	87851
zone under this section.	87852

(G) When an agreement is entered into pursuant to this	87853
section, the legislative authority or board of commissioners	87854
authorizing the agreement shall forward a copy of the agreement to	87855
the director of development and to the tax commissioner within	87856
fifteen days after the agreement is entered into. If any agreement	87857
includes terms not provided for in section 5709.631 of the Revised	87858
Code affecting the revenue of a city, local, or exempted village	87859
school district or causing revenue to be forgone by the district,	87860
including any compensation to be paid to the school district	87861
pursuant to section 5709.82 of the Revised Code, those terms also	87862
shall be forwarded in writing to the director of development along	87863
with the copy of the agreement forwarded under this division.	87864

(H) After an agreement is entered into, the enterprise shall	87865
file with each personal property tax return required to be filed	87866
while the agreement is in effect, an informational return, on a	87867
form prescribed by the tax commissioner for that purpose, setting	87868
forth separately the property, and related costs and values,	87869
exempted from taxation under the agreement.	87870

(I) An agreement entered into under this section may include	87871
a provision requiring the enterprise to create one or more	87872
temporary internship positions for students enrolled in a course	87873
of study at a school or other educational institution in the	87874
vicinity, and to create a scholarship or provide another form of	87875
educational financial assistance for students holding such a	87876
position in exchange for the student's commitment to work for the	87877
enterprise at the completion of the internship.	87878

Sec. 5715.26. (A)(1) Upon receiving the statement required	87879
by section 5715.25 of the Revised Code, the county auditor shall	87880
forthwith add to or deduct from each tract, lot, or parcel of real	87881
property or class of real property the required percentage or	87882
amount of the valuation thereof, adding or deducting any sum less	87883
than five dollars so that the value of any separate tract, lot, or	87884
parcel of real property shall be ten dollars or some multiple	87885
thereof.	87886

(2) After making the additions or deductions required by this	87887
section, the auditor shall transmit to the tax commissioner the	87888
appropriate adjusted abstract of the real property of each taxing	87889
district in the auditor's county in which an adjustment was	87890
required.	87891

(3) If the commissioner increases or decreases the aggregate	87892
value of the real property or any class thereof in any county or	87893
taxing district thereof and does not receive within ninety days	87894
thereafter an adjusted abstract conforming to its statement for	87895
such county or taxing district therein, the commissioner shall	87896
withhold from such county or taxing district therein fifty per	87897
cent of its share in the distribution of state revenues to local	87898
governments pursuant to sections 5747.50 to 5747.55 of the Revised	87899
Code and shall direct the department of education to withhold	87900
therefrom fifty per cent of state revenues to school districts	87901
pursuant to ~~Chapters 3306. and~~Chapter 3317. of the Revised Code.	87902
The commissioner shall withhold the distribution of such funds	87903
until such county auditor has complied with this division, and the	87904
department shall withhold the distribution of such funds until the	87905
commissioner has notified the department that such county auditor	87906
has complied with this division.	87907

(B)(1) If the commissioner's determination is appealed under	87908
section 5715.251 of the Revised Code, the county auditor,	87909
treasurer, and all other officers shall forthwith proceed with the	87910
levy and collection of the current year's taxes in the manner	87911
prescribed by law. The taxes shall be determined and collected as	87912
if the commissioner had determined under section 5715.24 of the	87913
Revised Code that the real property and the various classes	87914
thereof in the county as shown in the auditor's abstract were	87915
assessed for taxation and the true and agricultural use values	87916
were recorded on the agricultural land tax list as required by	87917
law.	87918

(2) If as a result of the appeal to the board it is finally	87919
determined either that all real property and the various classes	87920
thereof have not been assessed as required by law or that the	87921
values set forth in the agricultural land tax list do not	87922
correctly reflect the true and agricultural use values of the	87923
lands contained therein, the county auditor shall forthwith add to	87924
or deduct from each tract, lot, or parcel of real property or	87925
class of real property the required percentage or amount of the	87926
valuation in accordance with the order of the board or judgment of	87927
the court to which the board's order was appealed, and the taxes	87928
on each tract, lot, or parcel and the percentages required by	87929
section 319.301 of the Revised Code shall be recomputed using the	87930
valuation as finally determined. The order or judgment making the	87931
final determination shall prescribe the time and manner for	87932
collecting, crediting, or refunding the resultant increases or	87933
decreases in taxes.	87934

Sec. 5721.30. As used in sections 5721.30 to 5721.43 of the	87935
Revised Code:	87936

(A) "Tax certificate," "certificate," or "duplicate	87937
certificate" means a document that may be issued as a physical	87938
certificate, in book-entry form, or through an electronic medium,	87939
at the discretion of the county treasurer. Such document shall	87940
contain the information required by section 5721.31 of the Revised	87941
Code and shall be prepared, transferred, or redeemed in the manner	87942
prescribed by sections 5721.30 to 5721.43 of the Revised Code. As	87943
used in those sections, "tax certificate," "certificate," and	87944
"duplicate certificate" do not refer to the delinquent land tax	87945
certificate or the delinquent vacant land tax certificate issued	87946
under section 5721.13 of the Revised Code.	87947

(B) "Certificate parcel" means the parcel of delinquent land	87948
that is the subject of and is described in a tax certificate.	87949

(C) "Certificate holder" means a person, including a county	87950
land reutilization corporation, that purchases or otherwise	87951
acquires a tax certificate under section 5721.32, 5721.33, or	87952
5721.42 of the Revised Code, or a person to whom a tax certificate	87953
has been transferred pursuant to section 5721.36 of the Revised	87954
Code.	87955

(D) "Certificate purchase price" means, with respect to the	87956
sale of tax certificates under sections 5721.32, 5721.33, and	87957
5721.42 of the Revised Code, the amount equal to delinquent taxes	87958
charged against a certificate parcel at the time the tax	87959
certificate respecting that parcel is sold or transferred, not	87960
including any delinquent taxes the lien for which has been	87961
conveyed to a certificate holder through a prior sale of a tax	87962
certificate respecting that parcel. Payment of the certificate	87963
purchase price in a sale under section 5721.33 of the Revised Code	87964
may be made wholly in cash or partially in cash and partially by	87965
noncash consideration acceptable to the county treasurer from the	87966
purchaser, and, in the case of a county land reutilization	87967
corporation, with notes. In the event that any such noncash	87968
consideration is delivered to pay a portion of the certificate	87969
purchase price, such noncash consideration may be subordinate to	87970
the rights of the holders of other obligations whose proceeds paid	87971
the cash portion of the certificate purchase price.	87972

"Certificate purchase price" also includes the amount of the	87973
fee charged by the county treasurer to the purchaser of the	87974
certificate under division (H) of section 5721.32 of the Revised	87975
Code.	87976

(E)(1) With respect to a sale of tax certificates under	87977
section 5721.32 of the Revised Code, and except as provided in	87978
division (E)(2) of this section, "certificate redemption price"	87979
means the certificate purchase price plus the greater of the	87980
following:	87981

(a) Simple interest, at the certificate rate of interest,	87982
accruing during the certificate interest period on the certificate	87983
purchase price, calculated in accordance with section 5721.41 of	87984
the Revised Code;	87985

(b) Six per cent of the certificate purchase price.

87986

(2) If the certificate rate of interest equals zero, the	87987
certificate redemption price equals the certificate purchase price	87988
plus the fee charged by the county treasurer to the purchaser of	87989
the certificate under division (H) of section 5721.32 of the	87990
Revised Code.	87991

(F) With respect to a sale or transfer of tax certificates	87992
under section 5721.33 of the Revised Code, "certificate redemption	87993
price" means the amount equal to the sum of the following:	87994

(1) The certificate purchase price;

87995

(2) Interest accrued on the certificate purchase price at the	87996
certificate rate of interest from the date on which a tax	87997
certificate is delivered through and including the day immediately	87998
preceding the day on which the certificate redemption price is	87999
paid;	88000

(3) The fee, if any, charged by the county treasurer to the	88001
purchaser of the certificate under division (J) of section 5721.33	88002
of the Revised Code;	88003

(4) Any other fees charged by any county office in connection	88004
with the recording of tax certificates.	88005

(G) "Certificate rate of interest" means the rate of simple	88006
interest per year bid by the winning bidder in an auction of a tax	88007
certificate held under section 5721.32 of the Revised Code, or the	88008
rate of simple interest per year not to exceed eighteen per cent	88009
per year fixed pursuant to section 5721.42 of the Revised Code or	88010
by the county treasurer with respect to any tax certificate sold	88011
or transferred pursuant to a negotiated sale under section 5721.33	88012
of the Revised Code. The certificate rate of interest shall not be	88013
less than zero per cent per year.	88014

(H) "Cash" means United States currency, certified checks,	88015
money orders, bank drafts, electronic transfer of funds, or other	88016
forms of payment authorized by the county treasurer, and excludes	88017
any other form of payment not so authorized.	88018

(I) "The date on which a tax certificate is sold or	88019
transferred," "the date the certificate was sold or transferred,"	88020
"the date the certificate is purchased," and any other phrase of	88021
similar content mean, with respect to a sale pursuant to an	88022
auction under section 5721.32 of the Revised Code, the date	88023
designated by the county treasurer for the submission of bids and,	88024
with respect to a negotiated sale or transfer under section	88025
5721.33 of the Revised Code, the date of delivery of the tax	88026
certificates to the purchasers thereof pursuant to a tax	88027
certificate sale/purchase agreement.	88028

(J) "Certificate interest period" means, with respect to a	88029
tax certificate sold under section 5721.32 or 5721.42 of the	88030
Revised Code and for the purpose of accruing interest under	88031
section 5721.41 of the Revised Code, the period beginning on the	88032
date on which the certificate is purchased and, with respect to a	88033
tax certificate sold or transferred under section 5721.33 of the	88034
Revised Code, the period beginning on the date of delivery of the	88035
tax certificate, and in either case ending on one of the following	88036
dates:	88037

(1) The date the certificate holder files a request for	88038
foreclosure or notice of intent to foreclose under division (A) of	88039
section 5721.37 of the Revised Code and submits the payment	88040
required under division (B) of that section;	88041

(2) The date the owner of record of the certificate parcel,	88042
or any other person entitled to redeem that parcel, redeems the	88043
certificate parcel under division (A) or (C) of section 5721.38 of	88044
the Revised Code or redeems the certificate under section 5721.381	88045
of the Revised Code.	88046

(K) "Qualified trustee" means a trust company within the	88047
state or a bank having the power of a trust company within the	88048
state with a combined capital stock, surplus, and undivided	88049
profits of at least one hundred million dollars.	88050

(L) "Tax certificate sale/purchase agreement" means the	88051
purchase and sale agreement described in division (C) of section	88052
5721.33 of the Revised Code setting forth the certificate purchase	88053
price, plus any applicable premium or less any applicable	88054
discount, including, without limitation, the amount to be paid in	88055
cash and the amount and nature of any noncash consideration, the	88056
date of delivery of the tax certificates, and the other terms and	88057
conditions of the sale, including, without limitation, the rate of	88058
interest that the tax certificates shall bear.	88059

(M) "Noncash consideration" means any form of consideration	88060
other than cash, including, but not limited to, promissory notes	88061
whether subordinate or otherwise.	88062

(N) "Private attorney" means any attorney licensed to	88063
practice law in this state whose license has not been revoked and	88064
is not currently suspended, and who is retained to bring	88065
foreclosure proceedings pursuant to section 5721.37 of the Revised	88066
Code on behalf of a certificate holder.	88067

(O) "Related certificate parcel" means, with respect to a	88068
certificate holder, the certificate parcel with respect to which	88069
the certificate holder has purchased and holds a tax certificate	88070
pursuant to sections 5721.30 to 5721.43 of the Revised Code and,	88071
with respect to a tax certificate, the certificate parcel against	88072
which the tax certificate has been sold pursuant to those	88073
sections.	88074

(P) "Delinquent taxes" means delinquent taxes as defined in	88075
section 323.01 of the Revised Code and includes assessments and	88076
charges, and penalties and interest computed under section 323.121	88077
of the Revised Code.	88078

(Q) "Certificate period" means the period of time after the	88079
sale or delivery of a tax certificate within which a certificate	88080
holder must initiate an action to foreclose the tax lien	88081
represented by the certificate as specified under division (A) of	88082
section 5721.32 of the Revised Code or as negotiated under section	88083
5721.33 of the Revised Code.	88084

Sec. 5721.31. (A)(1) After receipt of a duplicate of the	88085
delinquent land list compiled under section 5721.011 of the	88086
Revised Code, or a delinquent land list compiled previously under	88087
that section, the county treasurer may select from the list	88088
parcels of delinquent land the lien against which the county	88089
treasurer may attempt to transfer by the sale of tax certificates	88090
under sections 5721.30 to 5721.43 of the Revised Code. None of the	88091
following parcels may be selected for a tax certificate sale:	88092

(a) A parcel for which the full amount of taxes, assessments,	88093
penalties, interest, and charges have been paid;	88094

(b) A parcel for which a valid contract under section	88095
323.122, 323.31, or 5713.20 of the Revised Code is in force;	88096

(c) A parcel the owner of which has filed a petition in	88097
bankruptcy, so long as the parcel is property of the bankruptcy	88098
estate.	88099

(2) The county treasurer shall compile a separate list of	88100
parcels selected for tax certificate sales, including the same	88101
information as is required to be included in the delinquent land	88102
list.	88103

Upon compiling the list of parcels selected for tax	88104
certificate sales, the county treasurer may conduct a title search	88105
for any parcel on the list.	88106

(B)(1) Except as otherwise provided in division (B)(3) of	88107
this section, when tax certificates are to be sold under section	88108
5721.32 of the Revised Code with respect to parcels, the county	88109
treasurer shall send written notice by certified mail to either	88110
the owner of record or all interested parties discoverable through	88111
a title search, or both, of each parcel on the list. A notice to	88112
an owner shall be sent to the owner's last known tax-mailing	88113
address. The notice shall inform the owner or interested parties	88114
that a tax certificate will be offered for sale on the parcel, and	88115
that the owner or interested parties may incur additional expenses	88116
as a result of the sale.	88117

(2) Except as otherwise provided in division (B)(3) of this	88118
section, when tax certificates are to be sold or transferred under	88119
section 5721.33 of the Revised Code with respect to parcels, the	88120
county treasurer, at least thirty days prior to the date of sale	88121
or transfer of such tax certificates, shall send written notice of	88122
the sale or transfer by certified mail to the last known	88123
tax-mailing address of the record owner of the property or parcel	88124
and may send such notice to all parties with an interest in the	88125
property that has been recorded in the property records of the	88126
county pursuant to section 317.08 of the Revised Code. The notice	88127
shall state that a tax certificate will be offered for sale or	88128
transfer on the parcel, and that the owner or interested parties	88129
may incur additional expenses as a result of the sale or transfer.	88130

(3) The county treasurer is not required to send a notice	88131
under division (B)(1) or (B)(2) of this section if the treasurer	88132
previously has attempted to send such notice to the owner of the	88133
parcel and the notice has been returned by the post office as	88134
undeliverable. The absence of a valid tax-mailing address for the	88135
owner of a parcel does not preclude the county treasurer from	88136
selling or transferring a tax certificate for the parcel.	88137

(C) The county treasurer shall advertise the sale of tax	88138
certificates under section 5721.32 of the Revised Code in an	88139
electronic format, or in a newspaper of general circulation in the	88140
county, once a week for two consecutive weeks. The advertisement	88141
shall include the date, the time, and the place of the public	88142
auction, abbreviated legal descriptions of the parcels, and the	88143
names of the owners of record of the parcels. The advertisement	88144
also shall include the certificate purchase prices of the parcels	88145
or the total purchase price of tax certificates for sale in blocks	88146
of tax certificates.	88147

(D) After the county treasurer has compiled the list of	88148
parcels selected for tax certificate sales but before a tax	88149
certificate respecting a parcel is sold or transferred, if the	88150
owner of record of the parcel pays to the county treasurer in cash	88151
the delinquent taxes respecting the parcel or otherwise acts so	88152
that any condition in division (A)(1)(a), (b), or (c) of this	88153
section applies to the parcel, the owner of record of the parcel	88154
also shall pay a fee in an amount prescribed by the treasurer to	88155
cover the administrative costs of the treasurer under this section	88156
respecting the parcel. The fee shall be deposited in the county	88157
treasury to the credit of the tax certificate administration fund.	88158

(E) A tax certificate administration fund shall be created in	88159
the county treasury of each county selling tax certificates under	88160
sections 5721.30 to 5721.43 of the Revised Code. The fund shall be	88161
administered by the county treasurer, and used solely for the	88162
purposes of sections 5721.30 to 5721.43 of the Revised Code or as	88163
otherwise permitted in this division. Any fee received by the	88164
treasurer under sections 5721.30 to 5721.43 of the Revised Code	88165
shall be credited to the fund, except the bidder registration fee	88166
under division (B) of section 5721.32 of the Revised Code and the	88167
county prosecuting attorney's fee under division (B)(3) of section	88168
5721.37 of the Revised Code. To the extent there is a surplus in	88169
the fund from time to time, the surplus may, with the approval of	88170
the county treasurer, be utilized for the purposes of a county	88171
land reutilization corporation operating in the county.	88172

(F) The county treasurers of more than one county may jointly	88173
conduct a regional sale of tax certificates under section 5721.32	88174
of the Revised Code. A regional sale shall be held at a single	88175
location in one county, where the tax certificates from each of	88176
the participating counties shall be offered for sale at public	88177
auction. Before the regional sale, each county treasurer shall	88178
advertise the sale for the parcels in the treasurer's county as	88179
required by division (C) of this section. At the regional sale,	88180
tax certificates shall be sold on parcels from one county at a	88181
time, with all of the certificates for one county offered for sale	88182
before any certificates for the next county are offered for sale.	88183

(G) The tax commissioner shall prescribe the form of the tax	88184
certificate under this section, and county treasurers shall use	88185
the form so prescribed.	88186

Sec. 5721.32. (A) The sale of tax certificates by public	88187
auction may be conducted at any time after completion of the	88188
advertising of the sale under section 5721.31 of the Revised Code,	88189
on the date and at the time and place designated in the	88190
advertisements, and may be continued from time to time as the	88191
county treasurer directs. The county treasurer may offer the tax	88192
certificates for sale in blocks of tax certificates, consisting of	88193
any number of tax certificates as determined by the county	88194
treasurer, and may specify a certificate period of not less than	88195
three years and not more than six years.	88196

(B)(1) The sale of tax certificates under this section shall	88197
be conducted at a public auction by the county treasurer or a	88198
designee of the county treasurer.	88199

(2) No person shall be permitted to bid without completing a	88200
bidder registration form, in the form prescribed by the tax	88201
commissioner, and without filing the form with the county	88202
treasurer prior to the start of the auction, together with	88203
remittance of a registration fee, in cash, of five hundred	88204
dollars. The bidder registration form shall include a tax	88205
identification number of the registrant. The registration fee is	88206
refundable at the end of bidding on the day of the auction, unless	88207
the registrant is the winning bidder for one or more tax	88208
certificates or one or more blocks of tax certificates, in which	88209
case the fee may be applied toward the deposit required by this	88210
section.	88211

(3) The county treasurer may require a person who wishes to	88212
bid on one or more parcels to submit a letter from a financial	88213
institution stating that the bidder has sufficient funds available	88214
to pay the purchase price of the parcels and a written	88215
authorization for the treasurer to verify such information with	88216
the financial institution. The county treasurer may require	88217
submission of the letter and authorization sufficiently in advance	88218
of the auction to allow for verification. No person who fails to	88219
submit the required letter and authorization, or whose financial	88220
institution fails to provide the requested verification, shall be	88221
permitted to bid.	88222

(C) At the public auction, the county treasurer or the	88223
treasurer's designee or agent shall begin the bidding at eighteen	88224
per cent per year simple interest, and accept lower bids in even	88225
increments of one-fourth of one per cent to the rate of zero per	88226
cent. The county treasurer, designee, or agent shall award the tax	88227
certificate to the person bidding the lowest certificate rate of	88228
interest. The county treasurer shall decide which person is the	88229
winning bidder in the event of a tie for the lowest bid offered,	88230
or if a person contests the lowest bid offered. The county	88231
treasurer's decision is not appealable.	88232

(D)(1) The winning bidder shall pay the county treasurer a	88233
cash deposit of at least ten per cent of the certificate purchase	88234
price not later than the close of business on the day of the sale.	88235
The winning bidder shall pay the balance and the fee required	88236
under division (H) of this section not later than five business	88237
days after the day on which the certificate is sold. Except as	88238
provided under division (D)(2) of this section, if the winning	88239
bidder fails to pay the balance and fee within the prescribed	88240
time, the bidder forfeits the deposit, and the county treasurer	88241
shall retain the tax certificate and may attempt to sell it at any	88242
auction conducted at a later date.	88243

(2) At the request of a winning bidder, the county treasurer	88244
may release the bidder from the bidder's tax certificate purchase	88245
obligation. The county treasurer may retain all or any portion of	88246
the deposit of a bidder granted a release. After granting a	88247
release under this division, the county treasurer may award the	88248
tax certificate to the person that submitted the second lowest bid	88249
at the auction.	88250

(3) The county treasurer shall deposit the deposit forfeited	88251
or retained under divisions (D)(1) or (2) of this section in the	88252
county treasury to the credit of the tax certificate	88253
administration fund.	88254

(E) Upon receipt of the full payment of the certificate	88255
purchase price from the purchaser, the county treasurer shall	88256
issue the tax certificate and record the tax certificate sale by	88257
entering into a tax certificate register the certificate purchase	88258
price, the certificate rate of interest, the date the certificate	88259
was sold, the certificate period, the name and address of the	88260
certificate holder, and any other information the county treasurer	88261
considers necessary. The county treasurer may keep the tax	88262
certificate register in a hard-copy format or in an electronic	88263
format. The name and address of the certificate holder may be,	88264
upon receipt of instructions from the purchaser, that of the	88265
secured party of the actual purchaser, or an agent or custodian	88266
for the purchaser or secured party. The county treasurer also	88267
shall transfer the tax certificate to the certificate holder. The	88268
county treasurer shall apportion the part of the proceeds from the	88269
sale representing taxes, penalties, and interest among the several	88270
taxing districts in the same proportion that the amount of taxes	88271
levied by each district against the certificate parcel in the	88272
preceding tax year bears to the taxes levied by all such districts	88273
against the certificate parcel in the preceding tax year, and	88274
credit the part of the proceeds representing assessments and other	88275
charges to the items of assessments and charges in the order in	88276
which those items became due. Upon issuing a tax certificate, the	88277
delinquent taxes that make up the certificate purchase price are	88278
transferred, and the superior lien of the state and its taxing	88279
districts for those delinquent taxes is conveyed intact to the	88280
certificate holder.	88281

(F) If a tax certificate is offered for sale under this	88282
section but is not sold, the county treasurer may sell the	88283
certificate in a negotiated sale authorized under section 5721.33	88284
of the Revised Code, or may strike the corresponding certificate	88285
parcel from the list of parcels selected for tax certificate	88286
sales. The lien for taxes, assessments, charges, penalties, and	88287
interest against a parcel stricken from the list thereafter may be	88288
foreclosed in the manner prescribed by section 323.25, sections	88289
323.65 to 323.79, or section 5721.14 or 5721.18 of the Revised	88290
Code unless, prior to the institution of such proceedings against	88291
the parcel, the county treasurer restores the parcel to the list	88292
of parcels selected for tax certificate sales.	88293

(G) A certificate holder shall not be liable for damages	88294
arising from a violation of sections 3737.87 to 3737.891 or	88295
Chapter 3704., 3734., 3745., 3746., 3750., 3751., 3752., 6109., or	88296
6111. of the Revised Code, or a rule adopted or order, permit,	88297
license, variance, or plan approval issued under any of those	88298
chapters, that is or was committed by another person in connection	88299
with the parcel for which the tax certificate is held.	88300

(H) When selling a tax certificate under this section, the	88301
county treasurer shall charge a fee to the purchaser of the	88302
certificate. The county treasurer shall set the fee at a	88303
reasonable amount that covers the treasurer's costs of	88304
administering the sale of the tax certificate. The county	88305
treasurer shall deposit the fee in the county treasury to the	88306
credit of the tax certificate administration fund.	88307

(I) After selling a tax certificate under this section, the	88308
county treasurer shall send written notice by certified mail to	88309
the owner of the certificate parcel at the owner's last known	88310
tax-mailing address. The notice shall inform the owner that the	88311
tax certificate was sold, shall describe the owner's options to	88312
redeem the parcel, including entering into a redemption payment	88313
plan under division (C)(1) of section 5721.38 of the Revised Code,	88314
and shall name the certificate holder and its secured party, if	88315
any. However, the county treasurer is not required to send a	88316
notice under this division if the treasurer previously has	88317
attempted to send a notice to the owner of the parcel at the	88318
owner's last known tax-mailing address, and the postal service has	88319
returned the notice as undeliverable.	88320

(J) A tax certificate shall not be sold to the owner of the	88321
certificate parcel.	88322

Sec. 5721.37. (A)(1) ~~Division (A)(1) of this section~~	88323
~~applies to tax certificates purchased under section 5721.32 of the~~	88324
~~Revised Code, or under section 5721.42 of the Revised Code by the~~	88325
~~holder of a certificate issued under section 5721.32 of the~~	88326
~~Revised Code.~~ At any time after one year from the date shown on	88327
the tax certificate as the date the tax certificate was sold, and	88328
not later than ~~six years after that date~~the end of the	88329
certificate period, a certificate holder, except for a county land	88330
reutilization corporation, may file with the county treasurer a	88331
request for foreclosure, or a private attorney on behalf of the	88332
certificate holder may file with the county treasurer a notice of	88333
intent to foreclose, on a form prescribed by the tax commissioner,	88334
provided the certificate parcel has not been redeemed under	88335
division (A) or (C) of section 5721.38 of the Revised Code and at	88336
least one certificate respecting the certificate parcel, held by	88337
the certificate holder filing the request for foreclosure or	88338
notice of intent to foreclose and eligible to be enforced through	88339
a foreclosure proceeding, has not been voided under section	88340
5721.381 of the Revised Code. If the certificate holder is a	88341
county land reutilization corporation, the corporation may	88342
institute a foreclosure action under the statutes pertaining to	88343
the foreclosure of mortgages or as permitted under sections 323.65	88344
to 323.79 of the Revised Code at any time after it acquires the	88345
tax certificate.	88346

(2) ~~Division (A)(2) of this section applies to tax~~	88347
~~certificates purchased under section 5721.33 of the Revised Code~~	88348
~~or under section 5721.42 of the Revised Code by the holder of a~~	88349
~~certificate issued under section 5721.33 of the Revised Code. At~~	88350
~~any time after one year from the date shown on the tax certificate~~	88351
~~as the date the tax certificate was sold, and not later than six~~	88352
~~years after that date or any extension of that date pursuant to~~	88353
~~division (C)(2) of section 5721.38 of the Revised Code, or not~~	88354
~~earlier or later than the dates negotiated by the county treasurer~~	88355
~~and specified in the tax certificate sale/purchase agreement, the~~	88356
~~certificate holder may file with the county treasurer a request~~	88357
~~for foreclosure, or a private attorney on behalf of a certificate~~	88358
~~holder other than a county land reutilization corporation may file~~	88359
~~with the county treasurer a notice of intent to foreclose, on a~~	88360
~~form prescribed by the tax commissioner, provided the parcel has~~	88361
~~not been redeemed under division (A) or (C) of section 5721.38 of~~	88362
~~the Revised Code and at least one certificate respecting the~~	88363
~~certificate parcel, held by the certificate holder filing the~~	88364
~~request for foreclosure or notice of intent to foreclose and~~	88365
~~eligible to be enforced through a foreclosure proceeding, has not~~	88366
~~been voided under section 5721.381 of the Revised Code. If the~~	88367
~~certificate holder is a county land reutilization corporation, the~~	88368
~~corporation may institute a foreclosure action under the statutes~~	88369
~~pertaining to the foreclosure of mortgages or as permitted under~~	88370
~~sections 323.65 to 323.79 of the Revised Code at any time after it~~	88371
~~acquires the tax certificate.~~	88372

~~(3)(a) Division (A)(3)(a) of this section applies to a tax~~	88373
~~certificate purchased under section 5721.32 of the Revised Code,~~	88374
~~or under section 5721.42 of the Revised Code by the holder of a~~	88375
~~certificate issued under section 5721.32 of the Revised Code, and~~	88376
~~not held by a county land reutilization corporation. If, before~~	88377
~~the expiration of six years after the date a tax certificate was~~	88378
~~sold, the owner of the property for which the certificate was sold~~	88379
~~files a petition in bankruptcy, the county treasurer, upon being~~	88380
~~notified of the filing of the petition, shall notify the~~	88381
~~certificate holder by ordinary first-class or certified mail or by~~	88382
~~binary means of the filing of the petition. It is the obligation~~	88383
~~of the certificate holder to file a proof of claim with the~~	88384
~~bankruptcy court to protect the holder's interest in the~~	88385
~~certificate parcel. The last day on which the certificate holder~~	88386
~~may file a request for foreclosure or the private attorney may~~	88387
~~file a notice of intent to foreclose is the later of six years~~	88388
~~after the date the certificate was sold or one hundred eighty days~~	88389
~~after the certificate parcel is no longer property of the~~	88390
~~bankruptcy estate; however, the six-year period measured from the~~	88391
~~date the certificate was sold is tolled while the property owner's~~	88392
~~bankruptcy case remains open.~~	88393

~~(b) Division (A)(3)(b) of this section applies to a tax~~	88394
~~certificate purchased under section 5721.33 of the Revised Code,~~	88395
~~or under section 5721.42 of the Revised Code by the holder of a~~	88396
~~certificate issued under section 5721.33 of the Revised Code, and~~	88397
~~not held by a county land reutilization corporation. If, before~~	88398
~~six years after the date a tax certificate was sold or before the~~	88399
~~date negotiated by the county treasurer~~If, before the expiration	88400
of the certificate period, the owner of the property files a	88401
petition in bankruptcy, the county treasurer, upon being notified	88402
of the filing of the petition, shall notify the certificate holder	88403
by ordinary first-class or certified mail or by binary means of	88404
the filing of the petition. It is the obligation of the	88405
certificate holder to file a proof of claim with the bankruptcy	88406
court to protect the holder's interest in the certificate parcel.	88407
The last day on which the certificate holder may file a request	88408
for foreclosure or a notice of intent to foreclose is the later of	88409
~~six years after the date the tax certificate was sold or the date~~	88410
~~negotiated by the county treasurer,~~the expiration of the	88411
certificate period or one hundred eighty days after the	88412
certificate parcel is no longer property of the bankruptcy estate;	88413
however, the ~~six-year or negotiated period being measured after~~	88414
~~the date the certificate was sold~~certificate period is tolled	88415
while the property owner's bankruptcy case remains open. If the	88416
certificate holder is a county land reutilization corporation, the	88417
corporation may institute a foreclosure action under the statutes	88418
pertaining to the foreclosure of mortgages or as permitted under	88419
sections 323.65 to 323.79 of the Revised Code at any time after it	88420
acquires such tax certificate, subject to any restrictions under	88421
such bankruptcy law or proceeding.	88422

~~(c)~~ Interest at the certificate rate of interest continues to	88423
accrue during any extension of time required by division ~~(A)(3)(a)~~	88424
~~or (b)~~(A)(2) of this section unless otherwise provided under Title	88425
11 of the United States Code.	88426

~~(4)~~(3) If, before the expiration of three years from the date	88427
a tax certificate was sold, the owner of property for which the	88428
certificate was sold applies for an exemption under section	88429
3735.67 or 5715.27 of the Revised Code or under any other section	88430
of the Revised Code under the jurisdiction of the director of	88431
environmental protection, the county treasurer shall notify the	88432
certificate holder by ordinary first-class or certified mail or by	88433
binary means of the filing of the application. Once a	88434
determination has been made on the exemption application, the	88435
county treasurer shall notify the certificate holder of the	88436
determination by ordinary first-class or certified mail or by	88437
binary means. Except with respect to a county land reutilization	88438
corporation, the last day on which the certificate holder may file	88439
a request for foreclosure shall be the later of three years from	88440
the date the certificate was sold or forty-five days after notice	88441
of the determination was provided.	88442

(B) When a request for foreclosure or a notice of intent to	88443
foreclose is filed under ~~division (A)(1) or (2) of~~ this section,	88444
the certificate holder shall submit a payment to the county	88445
treasurer equal to the sum of the following:	88446

(1) The certificate redemption prices of all outstanding tax	88447
certificates that have been sold on the parcel, other than tax	88448
certificates held by the person requesting foreclosure;	88449

(2) Any taxes, assessments, penalties, interest, and charges	88450
appearing on the tax duplicate charged against the certificate	88451
parcel that is the subject of the foreclosure proceedings and that	88452
are not covered by a tax certificate, but such amounts are not	88453
payable if the certificate holder is a county land reutilization	88454
corporation;	88455

(3) If the foreclosure proceedings are filed by the county	88456
prosecuting attorney pursuant to section 323.25, sections 323.65	88457
to 323.79, or section 5721.14 or 5721.18 of the Revised Code, a	88458
fee in the amount prescribed by the county prosecuting attorney to	88459
cover the prosecuting attorney's legal costs incurred in the	88460
foreclosure proceeding.	88461

(C)(1) With respect to a certificate purchased under section	88462
5721.32, 5721.33, or 5721.42 of the Revised Code, if the	88463
certificate parcel has not been redeemed and at least one	88464
certificate respecting the certificate parcel, held by the	88465
certificate holder filing the request for foreclosure and eligible	88466
to be enforced through a foreclosure proceeding, has not been	88467
voided under section 5721.381 of the Revised Code, the county	88468
treasurer, within five days after receiving a foreclosure request	88469
and the payment required under division (B) of this section, shall	88470
certify notice to that effect to the county prosecuting attorney	88471
and shall provide a copy of the foreclosure request. The county	88472
treasurer also shall send notice by ordinary first class or	88473
certified mail to all certificate holders other than the	88474
certificate holder requesting foreclosure that foreclosure has	88475
been requested by a certificate holder and that payment for the	88476
tax certificates is forthcoming. Within ninety days of receiving	88477
the copy of the foreclosure request, the prosecuting attorney	88478
shall commence a foreclosure proceeding in the name of the county	88479
treasurer in the manner provided under section 323.25, sections	88480
323.65 to 323.79, or section 5721.14 or 5721.18 of the Revised	88481
Code, to enforce the lien vested in the certificate holder by the	88482
certificate. The prosecuting attorney shall attach to the	88483
complaint the foreclosure request and the county treasurer's	88484
written certification.	88485

(2) With respect to a certificate purchased under section	88486
5721.32, 5721.33, or 5721.42 of the Revised Code, if the	88487
certificate parcel has not been redeemed, at least one certificate	88488
respecting the certificate parcel, held by the certificate holder	88489
filing the notice of intent to foreclose and eligible to be	88490
enforced through a foreclosure proceeding, has not been voided	88491
under section 5721.381 of the Revised Code, a notice of intent to	88492
foreclose has been filed, and the payment required under division	88493
(B) of this section has been made, the county treasurer shall	88494
certify notice to that effect to the private attorney. The county	88495
treasurer also shall send notice by ordinary first class or	88496
certified mail or by binary means to all certificate holders other	88497
than the certificate holder represented by the attorney that a	88498
notice of intent to foreclose has been filed and that payment for	88499
the tax certificates is forthcoming. After receipt of the	88500
treasurer's certification and not later than one hundred twenty	88501
days after the filing of the intent to foreclose or the number of	88502
days specified under the terms of a negotiated sale under section	88503
5721.33 of the Revised Code, the private attorney shall commence a	88504
foreclosure proceeding in the name of the certificate holder in	88505
the manner provided under division (F) of this section to enforce	88506
the lien vested in the certificate holder by the certificate. The	88507
private attorney shall attach to the complaint the notice of	88508
intent to foreclose and the county treasurer's written	88509
certification.	88510

(D) The county treasurer shall credit the amount received	88511
under division (B)(1) of this section to the tax certificate	88512
redemption fund. The tax certificates respecting the payment shall	88513
be paid as provided in division (D) of section 5721.38 of the	88514
Revised Code. The amount received under division (B)(2) of this	88515
section shall be distributed to the taxing districts to which the	88516
delinquent and unpaid amounts are owed. The county treasurer shall	88517
deposit the fee received under division (B)(3) of this section in	88518
the county treasury to the credit of the delinquent tax and	88519
assessment collection fund.	88520

(E)(1)~~(a) Except with respect to a county land reutilization~~	88521
~~corporation, if, in the case of a certificate purchased under~~	88522
~~section 5721.32 of the Revised Code, or under section 5721.42 of~~	88523
~~the Revised Code by the holder of a certificate issued under~~	88524
~~section 5721.32 of the Revised Code, the certificate holder does~~	88525
~~not file with the county treasurer a request for foreclosure or a~~	88526
~~notice of intent to foreclose with the required payment within six~~	88527
~~years after the date shown on the tax certificate as the date the~~	88528
~~certificate was sold or within the period provided under division~~	88529
~~(A)(3)(a) of this section, and during that time the certificate~~	88530
~~has not been voided under section 5721.381 of the Revised Code and~~	88531
~~the parcel has not been redeemed or foreclosed upon, the~~	88532
~~certificate holder's lien against the parcel is canceled, and the~~	88533
~~certificate is voided, subject to division (E)(1)(b) of this~~	88534
~~section.~~	88535

~~(b) In the case of any tax certificate purchased under~~	88536
~~section 5721.32 of the Revised Code or under section 5721.42 of~~	88537
~~the Revised Code by the holder of a certificate issued under~~	88538
~~section 5721.32 of the Revised Code prior to June 24, 2008, the~~	88539
~~county treasurer, upon application by the certificate holder, may~~	88540
~~sell to the certificate holder a new certificate extending the~~	88541
~~three-year period prescribed by division (E)(1) of this section,~~	88542
~~as that division existed prior to that date, to six years after~~	88543
~~the date shown on the original certificate as the date it was sold~~	88544
~~or any extension of that date.~~	88545

~~(2)(a)~~ Except with respect to a county land reutilization	88546
corporation, if~~, in the case of a certificate purchased under~~	88547
~~section 5721.33 of the Revised Code, or under section 5721.42 of~~	88548
~~the Revised Code by the holder of a certificate issued under~~	88549
~~section 5721.33 of the Revised Code,~~ the certificate holder does	88550
not file with the county treasurer a request for foreclosure or a	88551
notice of intent to foreclose with respect to a certificate parcel	88552
with the required payment within ~~six years after the date shown on~~	88553
~~the tax certificate as the date the certificate was sold~~the	88554
certificate period or any extension of that ~~date~~period pursuant	88555
to division (C)(2) of section 5721.38 of the Revised Code, or	88556
within the period provided under division ~~(A)(3)(b)~~(A)(2) of this	88557
section ~~or as specified under the terms of a negotiated sale under~~	88558
~~section 5721.33 of the Revised Code~~, and during that time the	88559
certificate has not been voided under section 5721.381 of the	88560
Revised Code and the certificate parcel has not been redeemed or	88561
foreclosed upon, the certificate holder's lien against the parcel	88562
is canceled and the certificate is voided, subject to division	88563
~~(E)(2)(b)~~(E)(1) of this section.	88564

~~(b)~~(2) In the case of any tax certificate purchased under	88565
section ~~5721.33~~5721.32 of the Revised Code or under section	88566
5721.42 of the Revised Code by the holder of a certificate issued	88567
under section 5721.32 of the Revised Code prior to ~~October 10,~~	88568
~~2000~~June 24, 2008, the county treasurer, upon application by the	88569
certificate holder, may sell to the certificate holder a new	88570
certificate extending the three-year period prescribed by division	88571
~~(E)(2)~~(E)(1) of this section, as that division existed prior to	88572
~~October 10, 2000~~that date, to six years after the date shown on	88573
the original certificate as the date it was sold or any extension	88574
of that date.	88575

~~(3)~~ The county treasurer and the certificate holder shall	88576
negotiate the premium, in cash, to be paid for a new certificate	88577
sold under division ~~(E)(1)(b) or (2)(b)~~(E)(2) of this section. If	88578
the county treasurer and certificate holder do not negotiate a	88579
mutually acceptable premium, the county treasurer and certificate	88580
holder may agree to engage a person experienced in the valuation	88581
of financial assets to appraise a fair premium for the new	88582
certificate. The certificate holder has the option to purchase the	88583
new certificate for the fair premium so appraised. Not less than	88584
one-half of the fee of the person so engaged shall be paid by the	88585
certificate holder requesting the new certificate; the remainder	88586
of the fee shall be paid from the proceeds of the sale of the new	88587
certificate. If the certificate holder does not purchase the new	88588
certificate for the premium so appraised, the certificate holder	88589
shall pay the entire fee. The county treasurer shall credit the	88590
remaining proceeds from the sale to the items of taxes,	88591
assessments, penalties, interest, and charges in the order in	88592
which they became due.	88593

~~(4)~~ A certificate issued under division ~~(E)(1)(b) or~~	88594
~~(2)(b)~~(E)(2) of this section vests in the certificate holder and	88595
its secured party, if any, the same rights, interests, privileges,	88596
and immunities as are vested by the original certificate under	88597
sections 5721.30 to 5721.43 of the Revised Code. The certificate	88598
shall be issued in the same form as the form prescribed for the	88599
original certificate issued except for any modifications	88600
necessary, in the county treasurer's discretion, to reflect the	88601
extension under this division of the certificate holder's lien to	88602
six years after the date shown on the original certificate as the	88603
date it was sold or any extension of that date. The certificate	88604
holder may record a certificate issued under division ~~(E)(1)(b) or~~	88605
~~(2)(b)~~(E)(2) of this section or memorandum thereof as provided in	88606
division (B) of section 5721.35 of the Revised Code, and the	88607
county recorder shall index the certificate and record any	88608
subsequent cancellation of the lien as provided in that section.	88609
The sale of a certificate extending the lien under division	88610
~~(E)(1)(b) or (2)(b)~~(E)(2) of this section does not impair the	88611
right of redemption of the owner of record of the certificate	88612
parcel or of any other person entitled to redeem the property.	88613

~~(5)~~(3) If the holder of a certificate purchased under section	88614
5721.32, 5721.33, or 5721.42 of the Revised Code submits a notice	88615
of intent to foreclose to the county treasurer but fails to file a	88616
foreclosure action in a court of competent jurisdiction within the	88617
time specified in division (C)(2) of this section, the liens	88618
represented by all tax certificates respecting the certificate	88619
parcel held by that certificate holder, and for which the deadline	88620
for filing a notice of intent to foreclose has passed, are	88621
canceled and the certificates voided, and the certificate holder	88622
forfeits the payment of the amounts described in division (B)(2)	88623
of this section.	88624

(F) With respect to tax certificates purchased under section	88625
5721.32, 5721.33, or 5721.42 of the Revised Code, upon the	88626
delivery to the private attorney by the county treasurer of the	88627
certification provided for under division (C)(2) of this section,	88628
the private attorney shall institute a foreclosure proceeding	88629
under this division in the name of the certificate holder to	88630
enforce the holder's lien, in any court or board of revision with	88631
jurisdiction, unless the certificate redemption price is paid	88632
prior to the time a complaint is filed. The attorney shall	88633
prosecute the proceeding to final judgment and satisfaction,	88634
whether through sale of the property or the vesting of title and	88635
possession in the certificate holder or other disposition under	88636
sections 323.65 to 323.79 of the Revised Code or as may otherwise	88637
be provided by law.	88638

The foreclosure proceedings under this division, except as	88639
otherwise provided in this division, shall be instituted and	88640
prosecuted in the same manner as is provided by law for the	88641
foreclosure of mortgages on land, except that, if service by	88642
publication is necessary, such publication shall be made once a	88643
week for three consecutive weeks and the service shall be complete	88644
at the expiration of three weeks after the date of the first	88645
publication.	88646

Any notice given under this division shall include the name	88647
of the owner of the parcel as last set forth in the records of the	88648
county recorder, the owner's last known mailing address, the	88649
address of the subject parcel if different from that of the owner,	88650
and a complete legal description of the subject parcel. In any	88651
county that has adopted a permanent parcel number system, such	88652
notice may include the permanent parcel number in addition to a	88653
complete legal description.	88654

It is sufficient, having been made a proper party to the	88655
foreclosure proceeding, for the certificate holder to allege in	88656
such holder's complaint that the tax certificate has been duly	88657
purchased by the certificate holder, that the certificate	88658
redemption price is due and unpaid, that there is a lien against	88659
the property described in the tax certificate, and, if applicable,	88660
that the certificate holder desires to invoke the alternative	88661
redemption period prescribed in sections 323.65 to 323.79 of the	88662
Revised Code, without setting forth in such holder's complaint any	88663
other special matter relating to the foreclosure proceeding. The	88664
complaint shall pray for an order directing the sheriff, or the	88665
bailiff if the complaint is filed in municipal court, to offer the	88666
property for sale in the manner provided in section 5721.19 of the	88667
Revised Code or otherwise transferred according to any applicable	88668
procedures provided in sections 323.65 to 323.79 of the Revised	88669
Code, unless the complaint documents that the county auditor has	88670
determined that the true value of the certificate parcel is less	88671
than the certificate purchase price. In that case, the prayer of	88672
the complaint shall request that fee simple title to the property	88673
be transferred to and vested in the certificate holder free and	88674
clear of all subordinate liens.	88675

In the foreclosure proceeding, the certificate holder may	88676
join in one action any number of tax certificates relating to the	88677
same owner. However, the decree for each tax certificate shall be	88678
rendered separately and any proceeding may be severed, in the	88679
discretion of the court or board of revision, for the purpose of	88680
trial or appeal. Except as may otherwise be provided in sections	88681
323.65 to 323.79 of the Revised Code, upon confirmation of sale,	88682
the court or board of revision shall order payment of all costs	88683
related directly or indirectly to the tax certificate, including,	88684
without limitation, attorney's fees of the holder's attorney in	88685
accordance with section 5721.371 of the Revised Code. The tax	88686
certificate purchased by the certificate holder is presumptive	88687
evidence in all courts and boards of revision and in all	88688
proceedings, including, without limitation, at the trial of the	88689
foreclosure action, of the amount and validity of the taxes,	88690
assessments, charges, penalties by the court and added to such	88691
principal amount, and interest appearing due and unpaid and of	88692
their nonpayment.	88693

(G) If a parcel is sold under this section, the officer who	88694
conducted the sale shall collect the recording fee from the	88695
purchaser at the time of the sale and, following confirmation of	88696
the sale, shall prepare and record the deed conveying the title to	88697
the parcel to the purchaser.	88698

Sec. 5721.38. (A) At any time prior to payment to the county	88699
treasurer by the certificate holder to initiate foreclosure	88700
proceedings under division (B) of section 5721.37 of the Revised	88701
Code, the owner of record of the certificate parcel, or any other	88702
person entitled to redeem that parcel, may redeem the parcel by	88703
paying to the county treasurer an amount equal to the total of the	88704
certificate redemption prices of all tax certificates respecting	88705
that parcel.	88706

(B) At any time after payment to the county treasurer by the	88707
certificate holder to initiate foreclosure proceedings under	88708
section 5721.37 of the Revised Code, and before the filing of the	88709
entry of confirmation of sale of a certificate parcel, or the	88710
expiration of the alternative redemption period defined in section	88711
323.65 of the Revised Code under foreclosure proceedings filed by	88712
the county prosecuting attorney, and before the decree conveying	88713
title to the certificate holder is rendered as provided for in	88714
division (F) of section 5721.37 of the Revised Code, the owner of	88715
record of the certificate parcel or any other person entitled to	88716
redeem that parcel may redeem the parcel by paying to the county	88717
treasurer the sum of the following amounts:	88718

(1) The amount described in division (A) of this section;

88719

(2) Interest on the certificate purchase price for each tax	88720
certificate sold respecting the parcel at the rate of eighteen per	88721
cent per year for the period beginning on the day on which the	88722
payment was submitted by the certificate holder and ending on the	88723
day the parcel is redeemed under this division;	88724

(3) An amount equal to the sum of the county prosecuting	88725
attorney's fee under division (B)(3) of section 5721.37 of the	88726
Revised Code plus interest on that amount at the rate of eighteen	88727
per cent per year beginning on the day on which the payment was	88728
submitted by the certificate holder and ending on the day the	88729
parcel is redeemed under this division. If the parcel is redeemed	88730
before the complaint has been filed, the prosecuting attorney	88731
shall adjust the fee to reflect services performed to the date of	88732
redemption, and the county treasurer shall calculate the interest	88733
based on the adjusted fee and refund any excess fee to the	88734
certificate holder.	88735

(4) Reasonable attorney's fees in accordance with section	88736
5721.371 of the Revised Code if the certificate holder retained a	88737
private attorney to foreclose the lien;	88738

(5) Any other costs and fees of the proceeding allocable to	88739
the certificate parcel as determined by the court or board of	88740
revision.	88741

The county treasurer may collect the total amount due under	88742
divisions (B)(1) to (5) of this section in the form of guaranteed	88743
funds acceptable to the treasurer. Immediately upon receipt of	88744
such payments, the county treasurer shall reimburse the	88745
certificate holder who initiated foreclosure proceedings as	88746
provided in division (D) of this section. The county treasurer	88747
shall pay the certificate holder interest at the rate of eighteen	88748
per cent per year on amounts paid under divisions (B)(2) and (3)	88749
of section 5721.37 of the Revised Code, beginning on the day the	88750
certificate holder paid the amounts under those divisions and	88751
ending on the day the parcel is redeemed under this section.	88752

(C)(1) During the period beginning on the date a tax	88753
certificate is sold under section 5721.32 of the Revised Code and	88754
ending one year from that date, the county treasurer may enter	88755
into a redemption payment plan with the owner of record of the	88756
certificate parcel or any other person entitled to redeem that	88757
parcel. The plan shall require the owner or other person to pay	88758
the certificate redemption price for the tax certificate in	88759
installments, with the final installment due no later than one	88760
year after the date the tax certificate is sold. The certificate	88761
holder may at any time, by written notice to the county treasurer,	88762
agree to accept installments collected to the date of notice as	88763
payment in full. Receipt of such notice by the treasurer shall	88764
constitute satisfaction of the payment plan and redemption of the	88765
tax certificate.	88766

(2) During the period beginning on the date a tax certificate	88767
is sold under section 5721.33 of the Revised Code and ending on	88768
the date the decree is rendered on the foreclosure proceeding	88769
under division (F) of section 5721.37 of the Revised Code, the	88770
owner of record of the certificate parcel, or any other person	88771
entitled to redeem that parcel, may enter into a redemption	88772
payment plan with the certificate holder and all secured parties	88773
of the certificate holder. The plan shall require the owner or	88774
other person to pay the certificate redemption price for the tax	88775
certificate, an administrative fee not to exceed one hundred	88776
dollars per year, and the actual fees and costs incurred, in	88777
installments, with the final installment due no later than ~~six~~	88778
~~years after the date the tax certificate is sold~~the expiration of	88779
the certificate period. The certificate holder shall give written	88780
notice of the plan to the applicable county treasurer within sixty	88781
days after entering into the plan and written notice of default	88782
under the plan within ninety days after the default. If such a	88783
plan is entered into, the time period for filing a request for	88784
foreclosure or a notice of intent to foreclose under section	88785
5721.37 of the Revised Code is extended by the length of time the	88786
plan is in effect and not in default.	88787

(D)(1) Immediately upon receipt of full payment under	88788
division (A) or (B) of this section, the county treasurer shall	88789
make an entry to that effect in the tax certificate register,	88790
credit the payment to the tax certificate redemption fund created	88791
in the county treasury, and shall notify the certificate holder or	88792
holders by ordinary first class or certified mail or by binary	88793
means that the parcel has been redeemed and the lien or liens	88794
canceled, and that payment on the certificate or certificates is	88795
forthcoming. The treasurer shall pay the tax certificate holder or	88796
holders promptly.	88797

The county treasurer shall administer the tax certificate	88798
redemption fund for the purpose of redeeming tax certificates.	88799
Interest earned on the fund shall be credited to the county	88800
general fund. If the county has established a county land	88801
reutilization corporation, the county treasurer may apply interest	88802
earned on the fund to the payment of the expenses of such	88803
corporation.	88804

(2) If a redemption payment plan is entered into pursuant to	88805
division (C)(1) of this section, the county treasurer immediately	88806
shall notify each certificate holder by ordinary first class or	88807
certified mail or by binary means of the terms of the plan.	88808
Installment payments made pursuant to the plan shall be deposited	88809
in the tax certificate redemption fund. Any overpayment of the	88810
installments shall be refunded to the person responsible for	88811
causing the overpayment if the person applies for a refund under	88812
this section. If the person responsible for causing the	88813
overpayment fails to apply for a refund under this section within	88814
five years from the date the plan is satisfied, an amount equal to	88815
the overpayment shall be deposited into the general fund of the	88816
county. If the county has established a county land reutilization	88817
corporation, the county treasurer may apply such overpayment to	88818
the payment of the expenses of the corporation.	88819

Upon satisfaction of the plan, the county treasurer shall	88820
indicate in the tax certificate register that the plan has been	88821
satisfied, and shall notify each certificate holder by ordinary	88822
first class or certified mail or by binary means that the plan has	88823
been satisfied and that payment on the certificate or certificates	88824
is forthcoming. The treasurer shall pay each certificate holder	88825
promptly.	88826

If a redemption payment plan becomes void, the county	88827
treasurer shall notify each certificate holder by ordinary first	88828
class or certified mail or by binary means. If a certificate	88829
holder files a request for foreclosure under section 5721.37 of	88830
the Revised Code, upon the filing of the request for foreclosure,	88831
any money paid under the plan shall be refunded to the person that	88832
paid the money under the plan.	88833

(3) Upon receipt of the payment required under division	88834
(B)(1) of section 5721.37 of the Revised Code, the treasurer shall	88835
pay all other certificate holders and indicate in the tax	88836
certificate register that such certificates have been satisfied.	88837
If a county has organized a county land reutilization corporation,	88838
the county treasurer may apply the redemption price and any	88839
applicable interest payable under division (B) of this section to	88840
the payment of the expenses of the corporation.	88841

Sec. 5721.42. After the settlement required under division	88842
(C) of section 321.24 of the Revised Code, the county treasurer	88843
shall notify the certificate holder of the most recently issued	88844
tax certificate, by ordinary first class or certified mail or by	88845
binary means, that the certificate holder may purchase a	88846
subsequent tax certificate by paying all delinquent taxes on the	88847
related certificate parcel, the lien against which has not been	88848
transferred by the sale of a tax certificate. During the thirty	88849
days after receiving the notice, the certificate holder possesses	88850
the exclusive right to purchase the subsequent tax certificate by	88851
paying those amounts to the county treasurer. The amount of the	88852
payment shall constitute a separate lien against the certificate	88853
parcel that shall be evidenced by the issuance by the treasurer to	88854
the certificate holder of an additional tax certificate with	88855
respect to the delinquent taxes so paid on the related certificate	88856
parcel. The amount of the payment as set forth in the tax	88857
certificate shall earn interest at the rate of eighteen per cent	88858
per year. The certificate period of each subsequent tax	88859
certificate shall terminate on the expiration date of the	88860
certificate period of the most recent tax certificate for the same	88861
certificate parcel.	88862

Sec. 5725.151. (A) As used in this section, "certificate	88863
owner" has the same meaning as in section 149.311 of the Revised	88864
Code.	88865

(B) There is allowed a credit against the tax imposed by	88866
section 5707.03 and assessed under section 5725.15 of the Revised	88867
Code for a dealer in intangibles subject to that tax that is a	88868
certificate owner of a rehabilitation tax credit certificate	88869
issued under section 149.311 of the Revised Code. The credit shall	88870
equal twenty-five per cent of the dollar amount indicated on the	88871
certificate, but the amount of the credit allowed for any dealer	88872
for any year shall not exceed five million dollars. The credit	88873
shall be claimed in the calendar year specified in the	88874
certificate. If the credit exceeds the amount of tax otherwise due	88875
in that year, the excess shall be refunded to the dealer but, if	88876
any amount of the credit is refunded, the sum of the amount	88877
refunded and the amount applied to reduce the tax otherwise due in	88878
that year shall not exceed three million dollars. The dealer may	88879
carry forward any balance of the credit in excess of the amount	88880
claimed in that year for not more than five ensuing years, and	88881
shall deduct any amount claimed in any such year from the amount	88882
claimed in an ensuing year.	88883

(C) A dealer in intangibles claiming a credit under this	88884
section shall retain the rehabilitation tax credit certificate for	88885
four years following the end of the year in which the credit was	88886
claimed, and shall make the certificate available for inspection	88887
by the tax commissioner upon the request of the tax commissioner	88888
during that period.	88889

~~(D) For the purpose of division (C) of section 5725.24 of the~~	88890
~~Revised Code, reductions in the amount of taxes collected on~~	88891
~~account of credits allowed under this section shall be applied to~~	88892
~~reduce the amount credited to the general revenue fund and shall~~	88893
~~not be applied to reduce the amount to be credited to the~~	88894
~~undivided local government funds of the counties in which such~~	88895
~~taxes originate.~~	88896

Sec. 5725.24. (A) ~~As used in this section, "qualifying~~	88897
~~dealer" means a dealer in intangibles that is a qualifying dealer~~	88898
~~in intangibles as defined in section 5733.45 of the Revised Code~~	88899
~~or a member of a qualifying controlled group, as defined in~~	88900
~~section 5733.04 of the Revised Code, of which an insurance company~~	88901
~~also is a member on the first day of January of the year in and~~	88902
~~for which the tax imposed by section 5707.03 of the Revised Code~~	88903
~~is required to be paid by the dealer.~~	88904

~~(B)~~ The taxes levied by section 5725.18 of the Revised Code	88905
and collected pursuant to this chapter shall be paid into the	88906
state treasury to the credit of the general revenue fund.	88907

~~(C)~~(B) The taxes levied by section 5707.03 of the Revised	88908
Code on the value of shares in and capital employed by all dealers	88909
in intangibles ~~other than those that are qualifying dealers~~ shall	88910
be ~~for the use of~~paid into the state treasury to the credit of	88911
the general revenue fund ~~of the state and the local government~~	88912
~~funds of the several counties in which the taxes originate as~~	88913
~~provided in this division.~~	88914

~~During each month for which there is money in the state~~	88915
~~treasury for disbursement under this division, the tax~~	88916
~~commissioner shall provide for payment to the county treasurer of~~	88917
~~each county of five-eighths of the amount of the taxes collected~~	88918
~~on account of shares in and capital employed by dealers in~~	88919
~~intangibles other than those that are qualifying dealers,~~	88920
~~representing capital employed in the county. The balance of the~~	88921
~~money received and credited on account of taxes assessed on shares~~	88922
~~in and capital employed by such dealers in intangibles shall be~~	88923
~~credited to the general revenue fund.~~	88924

~~Reductions in the amount of taxes collected on account of~~	88925
~~credits allowed under section 5725.151 of the Revised Code shall~~	88926
~~be applied to reduce the amount credited to the general revenue~~	88927
~~fund and shall not be applied to reduce the amount to be credited~~	88928
~~to the undivided local government funds of the counties in which~~	88929
~~such taxes originate.~~	88930

~~For the purpose of this division, such taxes are deemed to~~	88931
~~originate in the counties in which such dealers in intangibles~~	88932
~~have their offices.~~	88933

~~Money received into the treasury of a county pursuant to this~~	88934
~~section shall be credited to the undivided local government fund~~	88935
~~of the county and shall be distributed by the budget commission as~~	88936
~~provided by law.~~	88937

~~(D) All of the taxes levied under section 5707.03 of the~~	88938
~~Revised Code on the value of the shares in and capital employed by~~	88939
~~dealers in intangibles that are qualifying dealers shall be paid~~	88940
~~into the state treasury to the credit of the general revenue fund~~.	88941

Sec. 5725.98. (A) To provide a uniform procedure for	88942
calculating the amount of tax imposed by section 5725.18 of the	88943
Revised Code that is due under this chapter, a taxpayer shall	88944
claim any credits and offsets against tax liability to which it is	88945
entitled in the following order:	88946

(1) The credit for an insurance company or insurance company	88947
group under section 5729.031 of the Revised Code;	88948

(2) The credit for eligible employee training costs under	88949
section 5725.31 of the Revised Code;	88950

(3) The credit for purchasers of qualified low-income	88951
community investments under section 5725.33 of the Revised Code;	88952

(4) The nonrefundable job retention credit under division	88953
(B)(1) of section 122.171 of the Revised Code;	88954

(5) The offset of assessments by the Ohio life and health	88955
insurance guaranty association permitted by section 3956.20 of the	88956
Revised Code;	88957

(6) The refundable credit for Ohio job retention under	88958
division (B)(2) or (3) of section 122.171 of the Revised Code;	88959

(7) The refundable credit for Ohio job creation under section	88960
5725.32 of the Revised Code;	88961

(8) The refundable credit under section 5725.19 of the	88962
Revised Code for losses on loans made under the Ohio venture	88963
capital program under sections 150.01 to 150.10 of the Revised	88964
Code.	88965

(B) For any credit except the refundable credits enumerated	88966
in this section, the amount of the credit for a taxable year shall	88967
not exceed the tax due after allowing for any other credit that	88968
precedes it in the order required under this section. Any excess	88969
amount of a particular credit may be carried forward if authorized	88970
under the section creating that credit. Nothing in this chapter	88971
shall be construed to allow a taxpayer to claim, directly or	88972
indirectly, a credit more than once for a taxable year.	88973

Sec. 5727.84. (A) As used in this section and sections	88974
5727.85, 5727.86, and 5727.87 of the Revised Code:	88975

(1) "School district" means a city, local, or exempted	88976
village school district.	88977

(2) "Joint vocational school district" means a joint	88978
vocational school district created under section 3311.16 of the	88979
Revised Code, and includes a cooperative education school district	88980
created under section 3311.52 or 3311.521 of the Revised Code and	88981
a county school financing district created under section 3311.50	88982
of the Revised Code.	88983

(3) "Local taxing unit" means a subdivision or taxing unit,	88984
as defined in section 5705.01 of the Revised Code, a park district	88985
created under Chapter 1545. of the Revised Code, or a township	88986
park district established under section 511.23 of the Revised	88987
Code, but excludes school districts and joint vocational school	88988
districts.	88989

(4) "State education aid," for a school district, means the	88990
following:	88991

(a) For fiscal years prior to fiscal year 2010, the sum of	88992
state aid amounts computed for the district under the following	88993
provisions, as they existed for the applicable fiscal year:	88994
divisions (A), (C)(1), (C)(4), (D), (E), and (F) of section	88995
3317.022; divisions (B), (C), and (D) of section 3317.023;	88996
divisions (G), (L), and (N) of section 3317.024; and sections	88997
3317.029, 3317.0216, 3317.0217, 3317.04, 3317.05, 3317.052, and	88998
3317.053 of the Revised Code; and the adjustments required by:	88999
division (C) of section 3310.08; division (C)(2) of section	89000
3310.41; division (C) of section 3314.08; division (D)(2) of	89001
section 3314.091; division (D) of section 3314.13; divisions (E),	89002
(K), (L), (M), and (N) of section 3317.023; division (C) of	89003
section 3317.20; and sections 3313.979 and 3313.981 of the Revised	89004
Code. However, when calculating state education aid for a school	89005
district for fiscal years 2008 and 2009, include the amount	89006
computed for the district under Section 269.20.80 of H.B. 119 of	89007
the 127th general assembly, as subsequently amended, instead of	89008
division (D) of section 3317.022 of the Revised Code; and include	89009
amounts calculated under Section 269.30.80 of ~~this act~~H.B. 119 of	89010
the 127th general assembly, as subsequently amended.	89011

(b) For fiscal ~~year~~years 2010 and ~~for each fiscal year~~	89012
~~thereafter~~2011, the sum of the amounts computed for the district	89013
under former sections 3306.052, 3306.12, 3306.13, 3306.19,	89014
3306.191, and 3306.192;of the Revised Code and the following	89015
provisions, as they existed for the applicable fiscal year:	89016
division (G) of section 3317.024; sections 3317.05, 3317.052, and	89017
3317.053 of the Revised Code; and the adjustments required by	89018
division (C) of section 3310.08; division (C)(2) of section	89019
3310.41; division (C) of section 3314.08; division (D)(2) of	89020
section 3314.091; division (D) of section 3314.13; divisions (E),	89021
(K), (L), (M), and (N) of section 3317.023; division (C) of	89022
section 3317.20; and sections 3313.979 ~~and~~, 3313.981, and 3326.33	89023
of the Revised Code.	89024

(c) For fiscal years 2012 and 2013, the amount paid in	89025
accordance with the section of H.B. 153 of the 129th general	89026
assembly entitled "FUNDING FOR CITY, EXEMPTED VILLAGE, AND LOCAL	89027
SCHOOL DISTRICTS" and the adjustments required by division (C) of	89028
section 3310.08; division (C)(2) of section 3310.41; division (C)	89029
of section 3314.08; division (D)(2) of section 3314.091; division	89030
(D) of section 3314.13; divisions (B), (H), (I), (J), and (K) of	89031
section 3317.023; division (C) of section 3317.20; and sections	89032
3313.979 and 3313.981 of the Revised Code.	89033

(5) "State education aid," for a joint vocational school	89034
district, means the following:	89035

(a) For fiscal years prior to fiscal year 2010, the sum of	89036
the state aid amounts computed for the district under division (N)	89037
of section 3317.024 and section 3317.16 of the Revised Code.	89038
However, when calculating state education aid for a joint	89039
vocational school district for fiscal years 2008 and 2009, include	89040
the amount computed for the district under Section 269.30.90 of	89041
H.B. 119 of the 127th general assembly, as subsequently amended.	89042

(b) For fiscal years 2010 and 2011, the amount computed for	89043
the district in accordance with the section of ~~this act~~H.B. 1 of	89044
the 128th general assembly entitled "FUNDING FOR JOINT VOCATIONAL	89045
SCHOOL DISTRICTS".	89046

(c) For fiscal years 2012 and 2013, the amount paid in	89047
accordance with the section of H.B. 153 of the 129th general	89048
assembly entitled "FUNDING FOR JOINT VOCATIONAL SCHOOL DISTRICTS."	89049

(6) "State education aid offset" means the amount determined	89050
for each school district or joint vocational school district under	89051
division (A)(1) of section 5727.85 of the Revised Code.	89052

(7) "Recognized valuation" has the same meaning as in section	89053
3317.02 of the Revised Code.	89054

(8) "Electric company tax value loss" means the amount	89055
determined under division (D) of this section.	89056

(9) "Natural gas company tax value loss" means the amount	89057
determined under division (E) of this section.	89058

(10) "Tax value loss" means the sum of the electric company	89059
tax value loss and the natural gas company tax value loss.	89060

(11) "Fixed-rate levy" means any tax levied on property other	89061
than a fixed-sum levy.	89062

(12) "Fixed-rate levy loss" means the amount determined under	89063
division (G) of this section.	89064

(13) "Fixed-sum levy" means a tax levied on property at	89065
whatever rate is required to produce a specified amount of tax	89066
money or levied in excess of the ten-mill limitation to pay debt	89067
charges, and includes school district emergency levies imposed	89068
pursuant to section 5705.194 of the Revised Code.	89069

(14) "Fixed-sum levy loss" means the amount determined under	89070
division (H) of this section.	89071

(15) "Consumer price index" means the consumer price index	89072
(all items, all urban consumers) prepared by the bureau of labor	89073
statistics of the United States department of labor.	89074

(16) "Total resources" has the same meaning as in section	89075
5751.20 of the Revised Code.	89076

(17) "2011 current expense S.B. 3 allocation" means the sum	89077
of payments received by a school district or joint vocational	89078
school district in fiscal year 2011 for current expense levy	89079
losses pursuant to division (C)(2) of section 5727.85 of the	89080
Revised Code. If a fixed-rate levy eligible for reimbursement is	89081
not imposed in any year after tax year 2010, "2011 current expense	89082
S.B. 3 allocation" used to compute payments to be made under	89083
division (C)(3) of section 5727.85 of the Revised Code in the tax	89084
years following the last year the levy is imposed shall be reduced	89085
by the amount of those payments attributable to the fixed-rate	89086
levy loss of that levy.	89087

(18) "2010 current expense S.B. 3 allocation" means the sum	89088
of payments received by a municipal corporation in calendar year	89089
2010 for current expense levy losses pursuant to division (A)(1)	89090
of section 5727.86 of the Revised Code. If a fixed-rate levy	89091
eligible for reimbursement is not imposed in any year after tax	89092
year 2010, "2010 current expense S.B. 3 allocation" used to	89093
compute payments to be made under division (A)(1)(d) of section	89094
5727.86 of the Revised Code in the tax years following the last	89095
year the levy is imposed shall be reduced by the amount of those	89096
payments attributable to the fixed-rate levy loss of that levy.	89097

(19) "2010 S.B. 3 allocation" means the sum of payments	89098
received by a local taxing unit during calendar year 2010 pursuant	89099
to division (A)(1) of section 5727.86 of the Revised Code. If a	89100
fixed-rate levy eligible for reimbursement is not imposed in any	89101
year after tax year 2010, "2010 S.B. 3 allocation" used to compute	89102
payments to be made under division (A)(1)(d) of section 5727.86 of	89103
the Revised Code in the tax years following the last year the levy	89104
is imposed shall be reduced by the amount of those payments	89105
attributable to the fixed-rate levy loss of that levy.	89106

(20) "Total S.B. 3 allocation" means, in the case of a school	89107
district or joint vocational school district, the sum of the	89108
amounts received in fiscal year 2011 pursuant to divisions (C)(2)	89109
and (D) of section 5727.85 of the Revised Code. In the case of a	89110
local taxing unit, "total S.B. 3 allocation" means the sum of	89111
payments received by the unit in calendar year 2010 pursuant to	89112
divisions (A)(1) and (4) of section 5727.86 of the Revised Code.	89113
If a fixed-rate levy eligible for reimbursement is not imposed in	89114
any year after tax year 2010, "total S.B. 3 allocation" used to	89115
compute payments to be made under division (C)(3) of section	89116
5727.85 or division (A)(1)(d) of section 5727.86 of the Revised	89117
Code in the tax years following the last year the levy is imposed	89118
shall be reduced by the amount of those payments attributable to	89119
the fixed-rate levy loss of that levy as would be computed under	89120
division (C)(2) of section 5727.85 or division (A)(1)(b) of	89121
section 5727.86 of the Revised Code.	89122

(21) "2011 non-current expense S.B. 3 allocation" means the	89123
difference of a school district's or joint vocational school	89124
district's total S.B. 3 allocation minus the sum of the school	89125
district's 2011 current expense S.B. 3 allocation and the portion	89126
of the school district's total S.B. 3 allocation constituting	89127
reimbursement for debt levies pursuant to division (D) of section	89128
5727.85 of the Revised Code.	89129

(22) "2010 non-current expense S.B. 3 allocation" means the	89130
difference of a municipal corporation's total S.B. 3 allocation	89131
minus the sum of its 2010 current expense S.B. 3 allocation and	89132
the portion of its total S.B. 3 allocation constituting	89133
reimbursement for debt levies pursuant to division (A)(4) of	89134
section 5727.86 of the Revised Code.	89135

(23) "Threshold per cent" means, in the case of a school	89136
district or joint vocational school district, two per cent for	89137
fiscal year 2012 and four per cent for fiscal years 2013 and	89138
thereafter. In the case of a local taxing unit, "threshold per	89139
cent" means two per cent for calendar year 2011 and four per cent	89140
for calendar years 2012 and thereafter.	89141

(B) The kilowatt-hour tax receipts fund is hereby created in	89142
the state treasury and shall consist of money arising from the tax	89143
imposed by section 5727.81 of the Revised Code. All money in the	89144
kilowatt-hour tax receipts fund shall be credited as follows:	89145

~~(1) Sixty-three per cent shall be credited to the general~~	89146
~~revenue fund.~~	89147

~~(2) Twenty-five and four-tenths per cent shall be credited to~~	89148
~~the school district property tax replacement fund, which is hereby~~	89149
~~created in the state treasury for the purpose of making the~~	89150
~~payments described in section 5727.85 of the Revised Code.~~	89151

~~(3) Eleven and six-tenths per cent shall be credited to the~~	89152
~~local government property tax replacement fund, which is hereby~~	89153
~~created in the state treasury for the purpose of making the~~	89154
~~payments described in section 5727.86 of the Revised Code.~~	89155

Fiscal Year	General Revenue Fund	School District Property Tax Replacement Fund	Local Government Property Tax Replacement Fund	89156
2001-2011	63.0%	25.4%	11.6%	89157
2012 and thereafter	88.0%	9.0%	3.0%	89158

(C) The natural gas tax receipts fund is hereby created in	89159
the state treasury and shall consist of money arising from the tax	89160
imposed by section 5727.811 of the Revised Code. All money in the	89161
fund shall be credited as follows:	89162

(1) For fiscal years before fiscal year 2012:

89163

(a) Sixty-eight and seven-tenths per cent shall be credited	89164
to the school district property tax replacement fund for the	89165
purpose of making the payments described in section 5727.85 of the	89166
Revised Code.	89167

~~(2)~~(b) Thirty-one and three-tenths per cent shall be credited	89168
to the local government property tax replacement fund for the	89169
purpose of making the payments described in section 5727.86 of the	89170
Revised Code.	89171

(2) For fiscal years 2012 and thereafter, one hundred per	89172
cent to the general revenue fund.	89173

(D) Not later than January 1, 2002, the tax commissioner	89174
shall determine for each taxing district its electric company tax	89175
value loss, which is the sum of the applicable amounts described	89176
in divisions (D)(1) to (4) of this section:	89177

(1) The difference obtained by subtracting the amount	89178
described in division (D)(1)(b) from the amount described in	89179
division (D)(1)(a) of this section.	89180

(a) The value of electric company and rural electric company	89181
tangible personal property as assessed by the tax commissioner for	89182
tax year 1998 on a preliminary assessment, or an amended	89183
preliminary assessment if issued prior to March 1, 1999, and as	89184
apportioned to the taxing district for tax year 1998;	89185

(b) The value of electric company and rural electric company	89186
tangible personal property as assessed by the tax commissioner for	89187
tax year 1998 had the property been apportioned to the taxing	89188
district for tax year 2001, and assessed at the rates in effect	89189
for tax year 2001.	89190

(2) The difference obtained by subtracting the amount	89191
described in division (D)(2)(b) from the amount described in	89192
division (D)(2)(a) of this section.	89193

(a) The three-year average for tax years 1996, 1997, and 1998	89194
of the assessed value from nuclear fuel materials and assemblies	89195
assessed against a person under Chapter 5711. of the Revised Code	89196
from the leasing of them to an electric company for those	89197
respective tax years, as reflected in the preliminary assessments;	89198

(b) The three-year average assessed value from nuclear fuel	89199
materials and assemblies assessed under division (D)(2)(a) of this	89200
section for tax years 1996, 1997, and 1998, as reflected in the	89201
preliminary assessments, using an assessment rate of twenty-five	89202
per cent.	89203

(3) In the case of a taxing district having a nuclear power	89204
plant within its territory, any amount, resulting in an electric	89205
company tax value loss, obtained by subtracting the amount	89206
described in division (D)(1) of this section from the difference	89207
obtained by subtracting the amount described in division (D)(3)(b)	89208
of this section from the amount described in division (D)(3)(a) of	89209
this section.	89210

(a) The value of electric company tangible personal property	89211
as assessed by the tax commissioner for tax year 2000 on a	89212
preliminary assessment, or an amended preliminary assessment if	89213
issued prior to March 1, 2001, and as apportioned to the taxing	89214
district for tax year 2000;	89215

(b) The value of electric company tangible personal property	89216
as assessed by the tax commissioner for tax year 2001 on a	89217
preliminary assessment, or an amended preliminary assessment if	89218
issued prior to March 1, 2002, and as apportioned to the taxing	89219
district for tax year 2001.	89220

(4) In the case of a taxing district having a nuclear power	89221
plant within its territory, the difference obtained by subtracting	89222
the amount described in division (D)(4)(b) of this section from	89223
the amount described in division (D)(4)(a) of this section,	89224
provided that such difference is greater than ten per cent of the	89225
amount described in division (D)(4)(a) of this section.	89226

(a) The value of electric company tangible personal property	89227
as assessed by the tax commissioner for tax year 2005 on a	89228
preliminary assessment, or an amended preliminary assessment if	89229
issued prior to March 1, 2006, and as apportioned to the taxing	89230
district for tax year 2005;	89231

(b) The value of electric company tangible personal property	89232
as assessed by the tax commissioner for tax year 2006 on a	89233
preliminary assessment, or an amended preliminary assessment if	89234
issued prior to March 1, 2007, and as apportioned to the taxing	89235
district for tax year 2006.	89236

(E) Not later than January 1, 2002, the tax commissioner	89237
shall determine for each taxing district its natural gas company	89238
tax value loss, which is the sum of the amounts described in	89239
divisions (E)(1) and (2) of this section:	89240

(1) The difference obtained by subtracting the amount	89241
described in division (E)(1)(b) from the amount described in	89242
division (E)(1)(a) of this section.	89243

(a) The value of all natural gas company tangible personal	89244
property, other than property described in division (E)(2) of this	89245
section, as assessed by the tax commissioner for tax year 1999 on	89246
a preliminary assessment, or an amended preliminary assessment if	89247
issued prior to March 1, 2000, and apportioned to the taxing	89248
district for tax year 1999;	89249

(b) The value of all natural gas company tangible personal	89250
property, other than property described in division (E)(2) of this	89251
section, as assessed by the tax commissioner for tax year 1999 had	89252
the property been apportioned to the taxing district for tax year	89253
2001, and assessed at the rates in effect for tax year 2001.	89254

(2) The difference in the value of current gas obtained by	89255
subtracting the amount described in division (E)(2)(b) from the	89256
amount described in division (E)(2)(a) of this section.	89257

(a) The three-year average assessed value of current gas as	89258
assessed by the tax commissioner for tax years 1997, 1998, and	89259
1999 on a preliminary assessment, or an amended preliminary	89260
assessment if issued prior to March 1, 2001, and as apportioned in	89261
the taxing district for those respective years;	89262

(b) The three-year average assessed value from current gas	89263
under division (E)(2)(a) of this section for tax years 1997, 1998,	89264
and 1999, as reflected in the preliminary assessment, using an	89265
assessment rate of twenty-five per cent.	89266

(F) The tax commissioner may request that natural gas	89267
companies, electric companies, and rural electric companies file a	89268
report to help determine the tax value loss under divisions (D)	89269
and (E) of this section. The report shall be filed within thirty	89270
days of the commissioner's request. A company that fails to file	89271
the report or does not timely file the report is subject to the	89272
penalty in section 5727.60 of the Revised Code.	89273

(G) Not later than January 1, 2002, the tax commissioner	89274
shall determine for each school district, joint vocational school	89275
district, and local taxing unit its fixed-rate levy loss, which is	89276
the sum of its electric company tax value loss multiplied by the	89277
tax rate in effect in tax year 1998 for fixed-rate levies and its	89278
natural gas company tax value loss multiplied by the tax rate in	89279
effect in tax year 1999 for fixed-rate levies.	89280

(H) Not later than January 1, 2002, the tax commissioner	89281
shall determine for each school district, joint vocational school	89282
district, and local taxing unit its fixed-sum levy loss, which is	89283
the amount obtained by subtracting the amount described in	89284
division (H)(2) of this section from the amount described in	89285
division (H)(1) of this section:	89286

(1) The sum of the electric company tax value loss multiplied	89287
by the tax rate in effect in tax year 1998, and the natural gas	89288
company tax value loss multiplied by the tax rate in effect in tax	89289
year 1999, for fixed-sum levies for all taxing districts within	89290
each school district, joint vocational school district, and local	89291
taxing unit. For the years 2002 through 2006, this computation	89292
shall include school district emergency levies that existed in	89293
1998 in the case of the electric company tax value loss, and 1999	89294
in the case of the natural gas company tax value loss, and all	89295
other fixed-sum levies that existed in 1998 in the case of the	89296
electric company tax value loss and 1999 in the case of the	89297
natural gas company tax value loss and continue to be charged in	89298
the tax year preceding the distribution year. For the years 2007	89299
through 2016 in the case of school district emergency levies, and	89300
for all years after 2006 in the case of all other fixed-sum	89301
levies, this computation shall exclude all fixed-sum levies that	89302
existed in 1998 in the case of the electric company tax value loss	89303
and 1999 in the case of the natural gas company tax value loss,	89304
but are no longer in effect in the tax year preceding the	89305
distribution year. For the purposes of this section, an emergency	89306
levy that existed in 1998 in the case of the electric company tax	89307
value loss, and 1999 in the case of the natural gas company tax	89308
value loss, continues to exist in a year beginning on or after	89309
January 1, 2007, but before January 1, 2017, if, in that year, the	89310
board of education levies a school district emergency levy for an	89311
annual sum at least equal to the annual sum levied by the board in	89312
tax year 1998 or 1999, respectively, less the amount of the	89313
payment certified under this division for 2002.	89314

(2) The total taxable value in tax year 1999 less the tax	89315
value loss in each school district, joint vocational school	89316
district, and local taxing unit multiplied by one-fourth of one	89317
mill.	89318

If the amount computed under division (H) of this section for	89319
any school district, joint vocational school district, or local	89320
taxing unit is greater than zero, that amount shall equal the	89321
fixed-sum levy loss reimbursed pursuant to division ~~(E)~~(F) of	89322
section 5727.85 of the Revised Code or division (A)(2) of section	89323
5727.86 of the Revised Code, and the one-fourth of one mill that	89324
is subtracted under division (H)(2) of this section shall be	89325
apportioned among all contributing fixed-sum levies in the	89326
proportion of each levy to the sum of all fixed-sum levies within	89327
each school district, joint vocational school district, or local	89328
taxing unit.	89329

(I) Notwithstanding divisions (D), (E), (G), and (H) of this	89330
section, in computing the tax value loss, fixed-rate levy loss,	89331
and fixed-sum levy loss, the tax commissioner shall use the	89332
greater of the 1998 tax rate or the 1999 tax rate in the case of	89333
levy losses associated with the electric company tax value loss,	89334
but the 1999 tax rate shall not include for this purpose any tax	89335
levy approved by the voters after June 30, 1999, and the tax	89336
commissioner shall use the greater of the 1999 or the 2000 tax	89337
rate in the case of levy losses associated with the natural gas	89338
company tax value loss.	89339

(J) Not later than January 1, 2002, the tax commissioner	89340
shall certify to the department of education the tax value loss	89341
determined under divisions (D) and (E) of this section for each	89342
taxing district, the fixed-rate levy loss calculated under	89343
division (G) of this section, and the fixed-sum levy loss	89344
calculated under division (H) of this section. The calculations	89345
under divisions (G) and (H) of this section shall separately	89346
display the levy loss for each levy eligible for reimbursement.	89347

(K) Not later than September 1, 2001, the tax commissioner	89348
shall certify the amount of the fixed-sum levy loss to the county	89349
auditor of each county in which a school district with a fixed-sum	89350
levy loss has territory.	89351

Sec. 5727.85. (A) By the thirty-first day of July of each	89352
year, beginning in 2002 and ending in ~~2016~~2010, the department of	89353
education shall determine the following for each school district	89354
and each joint vocational school district:	89355

(1) The state education aid offset, which, except as provided	89356
in division (A)(1)(c) of this section, is the difference obtained	89357
by subtracting the amount described in division (A)(1)(b) of this	89358
section from the amount described in division (A)(1)(a) of this	89359
section:	89360

(a) The state education aid computed for the school district	89361
or joint vocational school district for the current fiscal year as	89362
of the thirty-first day of July;	89363

(b) The state education aid that would be computed for the	89364
school district or joint vocational school district for the	89365
current fiscal year as of the thirty-first day of July if the	89366
recognized valuation included the tax value loss for the school	89367
district or joint vocational school district;	89368

(c) The state education aid offset for fiscal year 2010 and	89369
fiscal year 2011 equals the greater of the state education aid	89370
offset calculated for that fiscal year under divisions (A)(1)(a)	89371
and (b) of this section or the state education aid offset	89372
calculated for fiscal year 2009.	89373

(2) ~~The~~For fiscal years 2008 through 2011, the greater of	89374
zero or the difference obtained by subtracting the state education	89375
aid offset determined under division (A)(1) of this section from	89376
the fixed-rate levy loss certified under division (J) of section	89377
5727.84 of the Revised Code for all taxing districts in each	89378
school district and joint vocational school district.	89379

By the fifth day of August of each such year, the department	89380
of education shall certify the amount so determined under division	89381
(A)(1) of this section to the director of budget and management.	89382

(B) Not later than the thirty-first day of October of the	89383
years 2006 through ~~2016~~2010, the department of education shall	89384
determine all of the following for each school district:	89385

(1) The amount obtained by subtracting the district's state	89386
education aid computed for fiscal year 2002 from the district's	89387
state education aid computed for the current fiscal year as of the	89388
fifteenth day of July, by including in the definition of	89389
recognized valuation the machinery and equipment, inventory,	89390
furniture and fixtures, and telephone property tax value losses,	89391
as defined in section 5751.20 of the Revised Code, for the school	89392
district or joint vocational school district for the preceding tax	89393
year;	89394

(2) The inflation-adjusted property tax loss. The	89395
inflation-adjusted property tax loss equals the fixed-rate levy	89396
loss, excluding the tax loss from levies within the ten-mill	89397
limitation to pay debt charges, determined under division (G) of	89398
section 5727.84 of the Revised Code for all taxing districts in	89399
each school district, plus the product obtained by multiplying	89400
that loss by the cumulative percentage increase in the consumer	89401
price index from January 1, 2002, to the thirtieth day of June of	89402
the current year.	89403

(3) The difference obtained by subtracting the amount	89404
computed under division (B)(1) from the amount of the	89405
inflation-adjusted property tax loss. If this difference is zero	89406
or a negative number, no further payments shall be made under	89407
division (C) of this section to the school district from the	89408
school district property tax replacement fund.	89409

(C) ~~The~~Beginning in 2002 for school districts and beginning	89410
in August 2011 for joint vocational school districts, the	89411
department of education shall pay from the school district	89412
property tax replacement fund to each school district all of the	89413
following:	89414

(1) In February 2002, one-half of the fixed-rate levy loss	89415
certified under division (J) of section 5727.84 of the Revised	89416
Code between the twenty-first and twenty-eighth days of February.	89417

(2) From August 2002 through ~~August 2017~~February 2011,	89418
one-half of the amount calculated for that fiscal year under	89419
division (A)(2) of this section between the twenty-first and	89420
twenty-eighth days of August and of February, provided the	89421
difference computed under division (B)(3) of this section is not	89422
less than or equal to zero.	89423

~~For~~(3) For fiscal years 2012 and thereafter, the sum of the	89424
amounts in divisions (C)(3)(a) or (b) and (c) of this section	89425
shall be paid on or before the thirty-first day of August and the	89426
twenty-eighth day of February:	89427

(a) If the ratio of 2011 current expense S.B. 3 allocation to	89428
total resources is equal to or less than the threshold per cent,	89429
zero;	89430

(b) If the ratio of 2011 current expense S.B. 3 allocation to	89431
total resources is greater than the threshold per cent, fifty per	89432
cent of the difference of 2011 current expense S.B. 3 allocation	89433
minus the product of total resources multiplied by the threshold	89434
per cent;	89435

(c) Fifty per cent of the product of 2011 non-current expense	89436
S.B. 3 allocation multiplied by seventy-five per cent for fiscal	89437
year 2012 and fifty per cent for fiscal years 2013 and thereafter.	89438

The department of education shall report to each school	89439
district the apportionment of the payments among the school	89440
district's funds based on the certifications under division (J) of	89441
section 5727.84 of the Revised Code.	89442

(D) For taxes levied within the ten-mill limitation for debt	89443
purposes in tax year 1998 in the case of electric company tax	89444
value losses, and in tax year 1999 in the case of natural gas	89445
company tax value losses, payments shall be made equal to one	89446
hundred per cent of the loss computed as if the tax were a	89447
fixed-rate levy, but those payments shall extend from fiscal year	89448
2006 through fiscal year 2016.	89449

~~The department of education shall report to each school~~	89450
~~district the apportionment of the payments among the school~~	89451
~~district's funds based on the certifications under division (J) of~~	89452
~~section 5727.84 of the Revised Code.~~	89453

~~(D)~~(E) Not later than January 1, 2002, for all taxing	89454
districts in each joint vocational school district, the tax	89455
commissioner shall certify to the department of education the	89456
fixed-rate levy loss determined under division (G) of section	89457
5727.84 of the Revised Code. From February 2002 ~~to August 2016~~	89458
through February 2011, the department shall pay from the school	89459
district property tax replacement fund to the joint vocational	89460
school district one-half of the amount calculated for that fiscal	89461
year under division (A)(2) of this section between the	89462
twenty-first and twenty-eighth days of August and of February.	89463

~~(E)~~(F)(1) Not later than January 1, 2002, for each fixed-sum	89464
levy levied by each school district or joint vocational school	89465
district and for each year for which a determination is made under	89466
division (H) of section 5727.84 of the Revised Code that a	89467
fixed-sum levy loss is to be reimbursed, the tax commissioner	89468
shall certify to the department of education the fixed-sum levy	89469
loss determined under that division. The certification shall cover	89470
a time period sufficient to include all fixed-sum levies for which	89471
the tax commissioner made such a determination. The department	89472
shall pay from the school district property tax replacement fund	89473
to the school district or joint vocational school district	89474
one-half of the fixed-sum levy loss so certified for each year	89475
between the twenty-first and twenty-eighth days of August and of	89476
February.	89477

(2) Beginning in 2003, by the thirty-first day of January of	89478
each year, the tax commissioner shall review the certification	89479
originally made under division ~~(E)~~(F)(1) of this section. If the	89480
commissioner determines that a debt levy that had been scheduled	89481
to be reimbursed in the current year has expired, a revised	89482
certification for that and all subsequent years shall be made to	89483
the department of education.	89484

~~(F)~~(G) If the balance of the half-mill equalization fund	89485
created under section 3318.18 of the Revised Code is insufficient	89486
to make the full amount of payments required under division (D) of	89487
that section, the department of education, at the end of the third	89488
quarter of the fiscal year, shall certify to the director of	89489
budget and management the amount of the deficiency, and the	89490
director shall transfer an amount equal to the deficiency from the	89491
school district property tax replacement fund to the half-mill	89492
equalization fund.	89493

~~(G)~~(H) Beginning in August 2002, and ending in May ~~2017~~2011,	89494
the director of budget and management shall transfer from the	89495
school district property tax replacement fund to the general	89496
revenue fund each of the following:	89497

(1) Between the twenty-eighth day of August and the fifth day	89498
of September, the lesser of one-half of the amount certified for	89499
that fiscal year under division (A)(2) of this section or the	89500
balance in the school district property tax replacement fund;	89501

(2) Between the first and fifth days of May, the lesser of	89502
one-half of the amount certified for that fiscal year under	89503
division (A)(2) of this section or the balance in the school	89504
district property tax replacement fund.	89505

~~(H)~~(I) On the first day of June each year, the director of	89506
budget and management shall transfer any balance remaining in the	89507
school district property tax replacement fund after the payments	89508
have been made under divisions (C), (D), (E), (F), ~~and~~ (G), and	89509
(H) of this section to the half-mill equalization fund created	89510
under section 3318.18 of the Revised Code to the extent required	89511
to make any payments in the current fiscal year under that	89512
section, and shall transfer the remaining balance to the general	89513
revenue fund.	89514

~~(I) From~~(J) After fiscal year 2002 ~~through fiscal year 2016~~,	89515
if the total amount in the school district property tax	89516
replacement fund is insufficient to make all payments under	89517
divisions (C), (D), (E), ~~and~~ (F), and (G) of this section at the	89518
time the payments are to be made, the director of budget and	89519
management shall transfer from the general revenue fund to the	89520
school district property tax replacement fund the difference	89521
between the total amount to be paid and the total amount in the	89522
school district property tax replacement fund, except that no	89523
transfer shall be made by reason of a deficiency to the extent	89524
that it results from the amendment of section 5727.84 of the	89525
Revised Code by Amended Substitute House Bill No. 95 of the 125th	89526
general assembly.	89527

~~(J)~~(K) If all of the territory of a school district or joint	89528
vocational school district is merged with an existing district, or	89529
if a part of the territory of a school district or joint	89530
vocational school district is transferred to an existing or new	89531
district, the department of education, in consultation with the	89532
tax commissioner, shall adjust the payments made under this	89533
section as follows:	89534

(1) For the merger of all of the territory of two or more	89535
districts, the ~~fixed-rate levy loss and the~~total resources, 2011	89536
current expense S.B. 3 allocation, total 2011 S.B. 3 allocation,	89537
2011 non-current expense S.B. 3 allocation, and fixed-sum levy	89538
loss of the successor district shall be equal to the sum of the	89539
~~fixed-rate levy losses and the~~total resources, 2011 current	89540
expense S.B. 3 allocation, total 2011 S.B. 3 allocation, 2011	89541
non-current expense S.B. 3 allocation, and fixed-sum levy ~~losses~~	89542
loss for each of the districts involved in the merger.	89543

(2) For the transfer of a part of one district's territory to	89544
an existing district, the amount of the ~~fixed-rate levy loss~~total	89545
resources, 2011 current expense S.B. 3 allocation, total 2011 S.B.	89546
3 allocation, and 2011 non-current expense S.B. 3 allocation that	89547
is transferred to the recipient district shall be an amount equal	89548
to the transferring district's ~~total fixed-rate levy loss~~total	89549
resources, 2011 current expense S.B. 3 allocation, total 2011 S.B.	89550
3 allocation, and 2011 non-current expense S.B. 3 allocation times	89551
a fraction, the numerator of which is the ~~value of electric~~	89552
~~company tangible personal property located in the part of the~~	89553
~~territory that was~~number of pupils being transferred to the	89554
recipient district, measured, in the case of a school district, by	89555
average daily membership as reported under division (A) of section	89556
3317.03 of the Revised Code or, in the case of a joint vocational	89557
school district, by formula ADM as reported in division (D) of	89558
that section, and the denominator of which is the ~~total value of~~	89559
~~electric company tangible personal property located in the entire~~	89560
~~district from which the territory was transferred. The value of~~	89561
~~electric company tangible personal property under this division~~	89562
~~shall be determined for the most recent year for which data is~~	89563
~~available~~average daily membership or formula ADM of the	89564
transferor district. Fixed-sum levy losses for both districts	89565
shall be determined under division ~~(J)~~(K)(4) of this section.	89566

(3) For the transfer of a part of the territory of one or	89567
more districts to create a new district:	89568

(a) If the new district is created on or after January 1,	89569
2000, but before January 1, 2005, the new district shall be paid	89570
its current fixed-rate levy loss through August 2009. ~~From~~In	89571
February 2010 to, August ~~2016~~2010, and February 2011, the new	89572
district shall be paid fifty per cent of the lesser of: (i) the	89573
amount calculated under division (C)(2) of this section or (ii) an	89574
amount equal to seventy per cent of the new district's fixed-rate	89575
levy loss ~~multiplied by the percentage prescribed by the following~~	89576
~~schedule:~~	89577

~~YEAR~~	~~PERCENTAGE~~	89578
~~2010~~	~~70%~~	89579
~~2011~~	~~70%~~	89580
~~2012~~	~~60%~~	89581
~~2013~~	~~50%~~	89582
~~2014~~	~~40%~~	89583
~~2015~~	~~24%~~	89584
~~2016~~	~~11.5%~~	89585
~~2017 and thereafter~~	0%.	89586

Beginning in fiscal year 2012, the new district shall be paid	89587
as provided in division (C) of this section.	89588

Fixed-sum levy losses for the districts shall be determined	89589
under division ~~(J)~~(K)(4) of this section.	89590

(b) If the new district is created on or after January 1,	89591
2005, the new district shall be deemed not to have any fixed-rate	89592
levy loss or, except as provided in division ~~(J)~~(K)(4) of this	89593
section, fixed-sum levy loss. The district or districts from which	89594
the territory was transferred shall have no reduction in their	89595
fixed-rate levy loss, or, except as provided in division ~~(J)~~(K)(4)	89596
of this section, their fixed-sum levy loss.	89597

(4) If a recipient district under division ~~(J)~~(K)(2) of this	89598
section or a new district under division ~~(J)~~(K)(3)(a) or (b) of	89599
this section takes on debt from one or more of the districts from	89600
which territory was transferred, and any of the districts	89601
transferring the territory had fixed-sum levy losses, the	89602
department of education, in consultation with the tax	89603
commissioner, shall make an equitable division of the fixed-sum	89604
levy losses.	89605

~~(K) There is hereby created the public utility property tax~~	89606
~~study committee, effective January 1, 2011. The committee shall~~	89607
~~consist of the following seven members: the tax commissioner,~~	89608
~~three members of the senate appointed by the president of the~~	89609
~~senate, and three members of the house of representatives~~	89610
~~appointed by the speaker of the house of representatives. The~~	89611
~~appointments shall be made not later than January 31, 2011. The~~	89612
~~tax commissioner shall be the chairperson of the committee.~~	89613

~~The committee shall study the extent to which each school~~	89614
~~district or joint vocational school district has been compensated,~~	89615
~~under sections 5727.84 and 5727.85 of the Revised Code as enacted~~	89616
~~by Substitute Senate Bill No. 3 of the 123rd general assembly and~~	89617
~~any subsequent acts, for the property tax loss caused by the~~	89618
~~reduction in the assessment rates for natural gas, electric, and~~	89619
~~rural electric company tangible personal property. Not later than~~	89620
~~June 30, 2011, the committee shall issue a report of its findings,~~	89621
~~including any recommendations for providing additional~~	89622
~~compensation for the property tax loss or regarding remedial~~	89623
~~legislation, to the president of the senate and the speaker of the~~	89624
~~house of representatives, at which time the committee shall cease~~	89625
~~to exist.~~	89626

~~The department of taxation and department of education shall~~	89627
~~provide such information and assistance as is required for the~~	89628
~~committee to carry out its duties.~~	89629

Sec. 5727.86. (A) Not later than January 1, 2002, the tax	89630
commissioner shall compute the payments to be made to each local	89631
taxing unit for each year according to divisions (A)(1), (2), (3),	89632
and (4) and division (E) of this section, and shall distribute the	89633
payments in the manner prescribed by division (C) of this section.	89634
The calculation of the fixed-sum levy loss shall cover a time	89635
period sufficient to include all fixed-sum levies for which the	89636
tax commissioner determined, pursuant to division (H) of section	89637
5727.84 of the Revised Code, that a fixed-sum levy loss is to be	89638
reimbursed.	89639

(1) Except as provided in divisions (A)(3) and (4) of this	89640
section, ~~for fixed-rate levy losses determined under division (G)~~	89641
~~of section 5727.84 of the Revised Code, payments shall be made in~~	89642
~~each of the following years at the following percentage of the~~	89643
~~fixed-rate levy loss certified under division (A) of this section:~~	89644

~~YEAR~~	~~PERCENTAGE~~	89645
~~2002~~	~~100%~~	89646
~~2003~~	~~100%~~	89647
~~2004~~	~~100%~~	89648
~~2005~~	~~100%~~	89649
~~2006~~	~~100%~~	89650
~~2007~~	~~80%~~	89651
~~2008~~	~~80%~~	89652
~~2009~~	~~80%~~	89653
~~2010~~	~~80%~~	89654
~~2011~~	~~80%~~	89655
~~2012~~	~~66.7%~~	89656
~~2013~~	~~53.4%~~	89657
~~2014~~	~~40.1%~~	89658
~~2015~~	~~26.8%~~	89659
~~2016~~	~~13.5%~~	89660
~~2017 and thereafter~~	0%	89661

the following amounts shall be paid on or before the thirty-first	89662
day of August and the twenty-eighth day of February:	89663

(a) For years 2002 through 2006, fifty per cent of the	89664
fixed-rate levy loss computed under division (G) of section	89665
5727.84 of the Revised Code;	89666

(b) For years 2007 through 2010, forty per cent of the fixed	89667
rate levy loss computed under division (G) of section 5727.84 of	89668
the Revised Code;	89669

(c) For the payment in 2011 to be made on or before the	89670
twentieth day of February, the amount required to be paid in 2010	89671
on or before the twentieth day of February;	89672

(d) For the payment in 2011 to be made on or before the	89673
thirty-first day of August and for all payments to be made in	89674
years 2012 and thereafter, the sum of the amounts in divisions	89675
(A)(1)(d)(i) or (ii) and (iii) of this section:	89676

(i) If the ratio of fifty per cent of the taxing unit's 2010	89677
S.B. 3 allocation to its total resources is equal to or less than	89678
the threshold per cent, zero;	89679

(ii) If the ratio of fifty per cent of the taxing unit's 2010	89680
S.B. 3 allocation to its total resources is greater than the	89681
threshold per cent, the difference of fifty per cent of the 2010	89682
S.B. 3 allocation minus the product of total resources multiplied	89683
by the threshold per cent;	89684

(iii) In the case of a municipal corporation, fifty per cent	89685
of the product of its 2010 non-current expense S.B. 3 allocation	89686
multiplied by seventy-five per cent for year 2011 and fifty per	89687
cent for years 2012 and thereafter.	89688

(2) For fixed-sum levy losses determined under division (H)	89689
of section 5727.84 of the Revised Code, payments shall be made in	89690
the amount of one hundred per cent of the fixed-sum levy loss for	89691
payments required to be made in 2002 and thereafter.	89692

(3) A local taxing unit in a county of less than two hundred	89693
fifty square miles that receives eighty per cent or more of its	89694
combined general fund and bond retirement fund revenues from	89695
property taxes and rollbacks based on 1997 actual revenues as	89696
presented in its 1999 tax budget, and in which electric companies	89697
and rural electric companies comprise over twenty per cent of its	89698
property valuation, shall receive one hundred per cent of its	89699
fixed-rate levy losses from electric company tax value losses	89700
certified under division (A) of this section in years 2002 to ~~2016~~	89701
2010. Beginning in 2011, payments for such local taxing units	89702
shall be determined under division (A)(1) of this section.	89703

(4) For taxes levied within the ten-mill limitation or	89704
pursuant to a municipal charter for debt purposes in tax year 1998	89705
in the case of electric company tax value losses, and in tax year	89706
1999 in the case of natural gas company tax value losses, payments	89707
shall be made equal to one hundred per cent of the loss computed	89708
as if the tax were a fixed-rate levy, but those payments shall	89709
extend from ~~fiscal year 2006~~2011 through ~~fiscal year~~ 2016 if the	89710
levy was imposed for debt purposes in tax year 2010. If the levy	89711
is not imposed for debt purposes in tax year 2010 or any following	89712
tax year before tax year 2016, payments for that levy shall be	89713
made under division (A)(1) of this section beginning with the	89714
first year after the year the levy is imposed for a purpose other	89715
than debt. For the purposes of this division, taxes levied	89716
pursuant to a municipal charter refer to taxes levied pursuant to	89717
a provision of a municipal charter that permits the tax to be	89718
levied without prior voter approval.	89719

(B) Beginning in 2003, by the thirty-first day of January of	89720
each year, the tax commissioner shall review the calculation	89721
originally made under division (A) of this section of the	89722
fixed-sum levy loss determined under division (H) of section	89723
5727.84 of the Revised Code. If the commissioner determines that a	89724
fixed-sum levy that had been scheduled to be reimbursed in the	89725
current year has expired, a revised calculation for that and all	89726
subsequent years shall be made.	89727

(C) Payments to local taxing units required to be made under	89728
divisions (A) and (E) of this section shall be paid from the local	89729
government property tax replacement fund to the county undivided	89730
income tax fund in the proper county treasury. ~~One-half of the~~	89731
~~amount certified under those divisions shall be paid between the~~	89732
~~twenty-first and twenty-eighth days of August and of February.~~ The	89733
county treasurer shall distribute amounts paid under division (A)	89734
of this section to the proper local taxing unit as if they had	89735
been levied and collected as taxes, and the local taxing unit	89736
shall apportion the amounts so received among its funds in the	89737
same proportions as if those amounts had been levied and collected	89738
as taxes. Except in the case of amounts distributed to the county	89739
as a local taxing unit, amounts distributed under division (E)(2)	89740
of this section shall be credited to the general fund of the local	89741
taxing unit that receives them. Amounts distributed to each county	89742
as a local taxing unit under division (E)(2) of this section shall	89743
be credited in the proportion that the current taxes charged and	89744
payable from each levy of or by the county bears to the total	89745
current taxes charged and payable from all levies of or by the	89746
county.	89747

(D) By February 5, 2002, the tax commissioner shall estimate	89748
the amount of money in the local government property tax	89749
replacement fund in excess of the amount necessary to make	89750
payments in that month under division (C) of this section.	89751
Notwithstanding division (A) of this section, the tax commissioner	89752
may pay any local taxing unit, from those excess funds, nine and	89753
four-tenths times the amount computed for 2002 under division	89754
(A)(1) of this section. A payment made under this division shall	89755
be in lieu of the payment to be made in February 2002 under	89756
division (A)(1) of this section. A local taxing unit receiving a	89757
payment under this division will no longer be entitled to any	89758
further payments under division (A)(1) of this section. A payment	89759
made under this division shall be paid from the local government	89760
property tax replacement fund to the county undivided income tax	89761
fund in the proper county treasury. The county treasurer shall	89762
distribute the payment to the proper local taxing unit as if it	89763
had been levied and collected as taxes, and the local taxing unit	89764
shall apportion the amounts so received among its funds in the	89765
same proportions as if those amounts had been levied and collected	89766
as taxes.	89767

(E)(1) On the thirty-first day of July of 2002, 2003, 2004,	89768
2005, and 2006, and on the thirty-first day of January and July of	89769
2007 ~~and each year thereafter~~through January 2011, if the amount	89770
credited to the local government property tax replacement fund	89771
exceeds the amount needed to be distributed from the fund under	89772
division (A) of this section in the following month, the tax	89773
commissioner shall distribute the excess to each county as	89774
follows:	89775

(a) One-half shall be distributed to each county in	89776
proportion to each county's population.	89777

(b) One-half shall be distributed to each county in the	89778
proportion that the amounts determined under divisions (G) and (H)	89779
of section 5727.84 of the Revised Code for all local taxing units	89780
in the county is of the total amounts so determined for all local	89781
taxing units in the state.	89782

(2) The amounts distributed to each county under division (E)	89783
of this section shall be distributed by the county auditor to each	89784
local taxing unit in the county in the proportion that the unit's	89785
current taxes charged and payable are of the total current taxes	89786
charged and payable of all the local taxing units in the county.	89787
If the amount that the county auditor determines to be distributed	89788
to a local taxing unit is less than five dollars, that amount	89789
shall not be distributed, and the amount not distributed shall	89790
remain credited to the county undivided income tax fund. At the	89791
time of the next distribution under division (E)(2) of this	89792
section, any amount that had not been distributed in the prior	89793
distribution shall be added to the amount available for the next	89794
distribution prior to calculation of the amount to be distributed.	89795
As used in this division, "current taxes charged and payable"	89796
means the taxes charged and payable as most recently determined	89797
for local taxing units in the county.	89798

~~(3) If, in the opinion of the tax commissioner, the excess~~	89799
~~remaining in the local government property tax replacement fund in~~	89800
~~any year is not sufficient to warrant distribution~~After January	89801
2011, any amount that exceeds the amount needed to be distributed	89802
from the fund under division ~~(E)~~(A) of this section~~, the excess~~	89803
~~shall remain to the credit of~~in the following month shall be	89804
transferred to the general revenue fund.	89805

(F) ~~From fiscal year 2002 through fiscal year 2016, if~~If the	89806
total amount in the local government property tax replacement fund	89807
is insufficient to make all payments under division (C) of this	89808
section at the times the payments are to be made, the director of	89809
budget and management shall transfer from the general revenue fund	89810
to the local government property tax replacement fund the	89811
difference between the total amount to be paid and the amount in	89812
the local government property tax replacement fund, except that no	89813
transfer shall be made by reason of a deficiency to the extent	89814
that it results from the amendment of section 5727.84 of the	89815
Revised Code by Amended Substitute House Bill 95 of the 125th	89816
general assembly.	89817

(G) If all or a part of the territories of two or more local	89818
taxing units are merged, or unincorporated territory of a township	89819
is annexed by a municipal corporation, the tax commissioner shall	89820
adjust the payments made under this section to each of the local	89821
taxing units in proportion to the ~~tax value loss~~square mileage	89822
apportioned to the merged or annexed territory, or as otherwise	89823
provided by a written agreement between the legislative	89824
authorities of the local taxing units certified to the tax	89825
commissioner not later than the first day of June of the calendar	89826
year in which the payment is to be made.	89827

Sec. 5729.98. (A) To provide a uniform procedure for	89828
calculating the amount of tax due under this chapter, a taxpayer	89829
shall claim any credits and offsets against tax liability to which	89830
it is entitled in the following order:	89831

(1) The credit for an insurance company or insurance company	89832
group under section 5729.031 of the Revised Code;	89833

(2) The credit for eligible employee training costs under	89834
section 5729.07 of the Revised Code;	89835

(3) The credit for purchases of qualified low-income	89836
community investments under section 5729.16 of the Revised Code;	89837

(4) The nonrefundable job retention credit under division	89838
(B)(1) of section 122.171 of the Revised Code;	89839

(5) The offset of assessments by the Ohio life and health	89840
insurance guaranty association against tax liability permitted by	89841
section 3956.20 of the Revised Code;	89842

(6) The refundable credit for Ohio job retention under	89843
division (B)(2) or (3) of section 122.171 of the Revised Code;	89844

(7) The refundable credit for Ohio job creation under section	89845
5729.032 of the Revised Code;	89846

(8) The refundable credit under section 5729.08 of the	89847
Revised Code for losses on loans made under the Ohio venture	89848
capital program under sections 150.01 to 150.10 of the Revised	89849
Code.	89850

(B) For any credit except the refundable credits enumerated	89851
in this section, the amount of the credit for a taxable year shall	89852
not exceed the tax due after allowing for any other credit that	89853
precedes it in the order required under this section. Any excess	89854
amount of a particular credit may be carried forward if authorized	89855
under the section creating that credit. Nothing in this chapter	89856
shall be construed to allow a taxpayer to claim, directly or	89857
indirectly, a credit more than once for a taxable year.	89858

Sec. 5731.02. (A) A tax is hereby levied on the transfer of	89859
the taxable estate, determined as provided in section 5731.14 of	89860
the Revised Code, of every person dying on or after July 1, 1968,	89861
and before January 1, 2013, who at the time of death was a	89862
resident of this state, as follows:	89863

If the taxable estate is:	The tax shall be:	89864
Not over $40,000	2% of the taxable estate	89865
Over $40,000 but not over $100,000	$800 plus 3% of the excess over $40,000	89866
Over $100,000 but not over $200,000	$2,600 plus 4% of the excess over $100,000	89867
Over $200,000 but not over $300,000	$6,600 plus 5% of the excess over $200,000	89868
Over $300,000 but not over $500,000	$11,600 plus 6% of the excess over $300,000	89869
Over $500,000	$23,600 plus 7% of the excess over $500,000.	89870

(B) A credit shall be allowed against the tax imposed by	89871
division (A) of this section equal to the lesser of five hundred	89872
dollars or the amount of the tax for persons dying on or after	89873
July 1, 1968, but before January 1, 2001; the lesser of six	89874
thousand six hundred dollars or the amount of the tax for persons	89875
dying on or after January 1, 2001, but before January 1, 2002; or	89876
the lesser of thirteen thousand nine hundred dollars or the amount	89877
of the tax for persons dying on or after January 1, 2002.	89878

Sec. 5731.18. (A) In addition to the tax levied by section	89879
5731.02 of the Revised Code, a tax is hereby levied upon the	89880
transfer of the estate of every person dying on or after ~~July 1,~~	89881
~~1968~~January 1, 2013, who, at the time of death was a resident of	89882
this state, in an amount equal to the maximum credit allowable by	89883
subtitle B, Chapter 11 of the Internal Revenue Code, for any taxes	89884
paid to any state.	89885

(B) The tax levied on any estate under this section shall be	89886
credited with the amount of the tax levied under section 5731.02	89887
of the Revised Code and with the amount of any estate,	89888
inheritance, legacy, or succession taxes actually paid to any	89889
state or territory of the United States or to the District of	89890
Columbia on any property included in the decedent's gross estate	89891
for federal estate tax purposes.	89892

(C) The additional tax levied under this section shall be	89893
administered, collected, and paid as provided in section 5731.24	89894
of the Revised Code.	89895

Sec. 5731.181. (A) For purposes of this section,	89896
"generation-skipping transfer," "taxable distribution," and	89897
"taxable termination" have the same meaning as in Chapter 13 of	89898
subtitle B of the Internal Revenue Code.	89899

(B) A tax is hereby levied upon every generation-skipping	89900
transfer of property occurring on or after January 1, 2013, having	89901
a situs in this state, that occurs at the same time as, and as a	89902
result of, the death of an individual, in an amount equal to the	89903
credit allowed by Chapter 13 of subtitle B of the Internal Revenue	89904
Code, for any taxes paid to any state in respect of any property	89905
included in the generation-skipping transfer.	89906

For purposes of this division, "property having a situs in	89907
this state" includes all the following:	89908

(1) Real property situated in this state;

89909

(2) Tangible personal property having an actual situs in this	89910
state;	89911

(3) Intangible personal property employed in carrying on a	89912
business in this state;	89913

(4) Intangible personal property owned by a trust, the	89914
trustee of which resides in or has its principal place of business	89915
in this state, or, if there is more than one trustee of the trust,	89916
the principal place of administration of which is in this state.	89917

(C) The return with respect to the generation-skipping tax	89918
levied by division (B) of this section shall be filed in the form	89919
that the tax commissioner shall prescribe, on or before the day	89920
prescribed by law, including extensions, for filing the	89921
generation-skipping transfer tax return under Chapter 13 of	89922
subtitle B of the Internal Revenue Code, for the same	89923
generation-skipping transfer. The return shall be filed by the	89924
distributee in the case of a taxable distribution and by the	89925
trustee in the case of a taxable termination.	89926

(D) The generation-skipping tax levied by division (B) of	89927
this section shall be paid, without notice or demand by the tax	89928
commissioner, with the return, and shall be charged, collected,	89929
and administered in the same manner as estate taxes levied by this	89930
chapter. This chapter is generally applicable to, except to the	89931
extent it is inconsistent with the nature of, the	89932
generation-skipping tax.	89933

(E) If another state levies a generation-skipping tax on a	89934
transfer described in division (B) of this section, the tax	89935
commissioner may enter into a compromise of the	89936
generation-skipping tax levied by division (B) of this section in	89937
the manner provided in section 5731.35 of the Revised Code, except	89938
that no approval of any probate court is required. If such a	89939
compromise agreement is made, no interest and penalties shall	89940
accrue for the period prior to the execution of the agreement and	89941
for sixty days after its execution.	89942

Sec. 5731.19. (A) A tax is hereby levied upon the transfer	89943
of so much of the taxable estate of every person dying on or after	89944
July 1, 1968, and before January 1, 2013, who, at the time of ~~his~~	89945
death, was not a resident of this state, as consists of real	89946
property situated in this state, tangible personal property having	89947
an actual situs in this state, and intangible personal property	89948
employed in carrying on a business within this state unless	89949
exempted from tax under the provisions of section 5731.34 of the	89950
Revised Code.	89951

(B) The amount of the tax on such real and tangible personal	89952
property shall be determined as follows:	89953

(1) Determine the amount of tax which would be payable under	89954
Chapter 5731. of the Revised Code if the decedent had died a	89955
resident of this state with all ~~his~~the decedent's property	89956
situated or located within this state;	89957

(2) Multiply the tax so determined by a fraction, the	89958
denominator of which shall be the value of the gross estate	89959
wherever situated and the numerator of which shall be the said	89960
gross estate value of the real property situated and the tangible	89961
personal property having an actual situs in this state and	89962
intangible personal property employed in carrying on a business	89963
within this state and not exempted from tax under section 5731.34	89964
of the Revised Code. The product shall be the amount of tax	89965
payable to this state.	89966

(C) In addition to the tax levied by division (A) of this	89967
section, an additional tax is hereby levied on such real and	89968
tangible personal property determined as follows:	89969

(1) Determine the amount of tax which would be payable under	89970
division (A) of section 5731.18 of the Revised Code, if the	89971
decedent had died a resident of this state with all ~~his~~the	89972
decedent's property situated or located within this state;	89973

(2) Multiply the tax so determined by a fraction, the	89974
denominator of which shall be the value of the gross estate	89975
wherever situated and the numerator of which shall be the said	89976
gross estate value of the real property situated and the tangible	89977
property having an actual situs in this state and intangible	89978
personal property employed in carrying on a business within this	89979
state and not exempted from tax under section 5731.34 of the	89980
Revised Code. The product so derived shall be credited with the	89981
amount of the tax determined under division (B) of this section.	89982

Sec. 5731.21. (A)(1)(a) Except as provided under division	89983
(A)(3) of this section, the executor or administrator, or, if no	89984
executor or administrator has been appointed, another person in	89985
possession of property the transfer of which is subject to estate	89986
taxes under section 5731.02 or division (A) of section 5731.19 of	89987
the Revised Code, shall file an estate tax return, within nine	89988
months of the date of the decedent's death, in the form prescribed	89989
by the tax commissioner, in duplicate, with the probate court of	89990
the county. The return shall include all property the transfer of	89991
which is subject to estate taxes, whether that property is	89992
transferred under the last will and testament of the decedent or	89993
otherwise. The time for filing the return may be extended by the	89994
tax commissioner.	89995

(b) The estate tax return described in division (A)(1)(a) of	89996
this section shall be accompanied by a certificate, in the form	89997
prescribed by the tax commissioner, that is signed by the	89998
executor, administrator, or other person required to file the	89999
return, and that states all of the following:	90000

(i) The fact that the return was filed;

90001

(ii) The date of the filing of the return;

90002

(iii) The fact that the estate taxes under section 5731.02 or	90003
division (A) of section 5731.19 of the Revised Code, that are	90004
shown to be due in the return, have been paid in full;	90005

(iv) If applicable, the fact that real property listed in the	90006
inventory for the decedent's estate is included in the return;	90007

(v) If applicable, the fact that real property not listed in	90008
the inventory for the decedent's estate, including, but not	90009
limited to, survivorship tenancy property as described in section	90010
5302.17 of the Revised Code or transfer on death property as	90011
described in sections 5302.22 and 5302.23 of the Revised Code,	90012
also is included in the return. In this regard, the certificate	90013
additionally shall describe that real property by the same	90014
description used in the return.	90015

(2) The probate court shall forward one copy of the estate	90016
tax return described in division (A)(1)(a) of this section to the	90017
tax commissioner.	90018

(3) A person shall not be required to file a return under	90019
division (A) of this section if the decedent was a resident of	90020
this state and the value of the decedent's gross estate is	90021
twenty-five thousand dollars or less in the case of a decedent	90022
dying on or after July 1, 1968, but before January 1, 2001; two	90023
hundred thousand dollars or less in the case of a decedent dying	90024
on or after January 1, 2001, but before January 1, 2002; or three	90025
hundred thirty-eight thousand three hundred thirty-three dollars	90026
or less in the case of a decedent dying on or after January 1,	90027
2002. No return shall be filed for estates of decedents dying on	90028
or after January 1, 2013.	90029

(4)(a) Upon receipt of the estate tax return described in	90030
division (A)(1)(a) of this section and the accompanying	90031
certificate described in division (A)(1)(b) of this section, the	90032
probate court promptly shall give notice of the return, by a form	90033
prescribed by the tax commissioner, to the county auditor. The	90034
auditor then shall make a charge based upon the notice and shall	90035
certify a duplicate of the charge to the county treasurer. The	90036
treasurer then shall collect, subject to division (A) of section	90037
5731.25 of the Revised Code or any other statute extending the	90038
time for payment of an estate tax, the tax so charged.	90039

(b) Upon receipt of the return and the accompanying	90040
certificate, the probate court also shall forward the certificate	90041
to the auditor. When satisfied that the estate taxes under section	90042
5731.02 or division (A) of section 5731.19 of the Revised Code,	90043
that are shown to be due in the return, have been paid in full,	90044
the auditor shall stamp the certificate so forwarded to verify	90045
that payment. The auditor then shall return the stamped	90046
certificate to the probate court.	90047

(5)(a) The certificate described in division (A)(1)(b) of	90048
this section is a public record subject to inspection and copying	90049
in accordance with section 149.43 of the Revised Code. It shall be	90050
kept in the records of the probate court pertaining to the	90051
decedent's estate and is not subject to the confidentiality	90052
provisions of section 5731.90 of the Revised Code.	90053

(b) All persons are entitled to rely on the statements	90054
contained in a certificate as described in division (A)(1)(b) of	90055
this section if it has been filed in accordance with that	90056
division, forwarded to a county auditor and stamped in accordance	90057
with division (A)(4) of this section, and placed in the records of	90058
the probate court pertaining to the decedent's estate in	90059
accordance with division (A)(5)(a) of this section. The real	90060
property referred to in the certificate shall be free of, and may	90061
be regarded by all persons as being free of, any lien for estate	90062
taxes under section 5731.02 and division (A) of section 5731.19 of	90063
the Revised Code.	90064

(B) An estate tax return filed under this section, in the	90065
form prescribed by the tax commissioner, and showing that no	90066
estate tax is due shall result in a determination that no estate	90067
tax is due, if the tax commissioner within three months after the	90068
receipt of the return by the department of taxation, fails to file	90069
exceptions to the return in the probate court of the county in	90070
which the return was filed. A copy of exceptions to a return of	90071
that nature, when the tax commissioner files them within that	90072
period, shall be sent by ordinary mail to the person who filed the	90073
return. The tax commissioner is not bound under this division by a	90074
determination that no estate tax is due, with respect to property	90075
not disclosed in the return.	90076

(C) If the executor, administrator, or other person required	90077
to file an estate tax return fails to file it within nine months	90078
of the date of the decedent's death, the tax commissioner may	90079
determine the estate tax in that estate and issue a certificate of	90080
determination in the same manner as is provided in division (B) of	90081
section 5731.27 of the Revised Code. A certificate of	90082
determination of that nature has the same force and effect as	90083
though a return had been filed and a certificate of determination	90084
issued with respect to the return.	90085

Sec. 5731.39. (A) No corporation organized or existing under	90086
the laws of this state shall transfer on its books or issue a new	90087
certificate for any share of its capital stock registered in the	90088
name of a decedent, or in trust for a decedent, or in the name of	90089
a decedent and another person or persons, without the written	90090
consent of the tax commissioner.	90091

(B) No safe deposit company, trust company, financial	90092
institution as defined in division (A) of section 5725.01 of the	90093
Revised Code or other corporation or person, having in possession,	90094
control, or custody a deposit standing in the name of a decedent,	90095
or in trust for a decedent, or in the name of a decedent and	90096
another person or persons, shall deliver or transfer an amount in	90097
excess of three-fourths of the total value of such deposit,	90098
including accrued interest and dividends, as of the date of	90099
decedent's death, without the written consent of the tax	90100
commissioner. The written consent of the tax commissioner need not	90101
be obtained prior to the delivery or transfer of amounts having a	90102
value of three-fourths or less of said total value.	90103

(C) No life insurance company shall pay the proceeds of an	90104
annuity or matured endowment contract, or of a life insurance	90105
contract payable to the estate of a decedent, or of any other	90106
insurance contract taxable under Chapter 5731. of the Revised	90107
Code, without the written consent of the tax commissioner. Any	90108
life insurance company may pay the proceeds of any insurance	90109
contract not specified in this division (C) without the written	90110
consent of the tax commissioner.	90111

(D) No trust company or other corporation or person shall pay	90112
the proceeds of any death benefit, retirement, pension or profit	90113
sharing plan in excess of two thousand dollars, without the	90114
written consent of the tax commissioner. Such trust company or	90115
other corporation or person, however, may pay the proceeds of any	90116
death benefit, retirement, pension, or profit-sharing plan which	90117
consists of insurance on the life of the decedent payable to a	90118
beneficiary other than the estate of the insured without the	90119
written consent of the tax commissioner.	90120

(E) No safe deposit company, trust company, financial	90121
institution as defined in division (A) of section 5725.01 of the	90122
Revised Code, or other corporation or person, having in	90123
possession, control, or custody securities, assets, or other	90124
property (including the shares of the capital stock of, or other	90125
interest in, such safe deposit company, trust company, financial	90126
institution as defined in division (A) of section 5725.01 of the	90127
Revised Code, or other corporation), standing in the name of a	90128
decedent, or in trust for a decedent, or in the name of a decedent	90129
and another person or persons, and the transfer of which is	90130
taxable under Chapter 5731. of the Revised Code, shall deliver or	90131
transfer any such securities, assets, or other property which have	90132
a value as of the date of decedent's death in excess of	90133
three-fourths of the total value thereof, without the written	90134
consent of the tax commissioner. The written consent of the tax	90135
commissioner need not be obtained prior to the delivery or	90136
transfer of any such securities, assets, or other property having	90137
a value of three-fourths or less of said total value.	90138

(F) No safe deposit company, financial institution as defined	90139
in division (A) of section 5725.01 of the Revised Code, or other	90140
corporation or person having possession or control of a safe	90141
deposit box or similar receptacle standing in the name of a	90142
decedent or in the name of the decedent and another person or	90143
persons, or to which the decedent had a right of access, except	90144
when such safe deposit box or other receptacle stands in the name	90145
of a corporation or partnership, or in the name of the decedent as	90146
guardian or executor, shall deliver any of the contents thereof	90147
unless the safe deposit box or similar receptacle has been opened	90148
and inventoried in the presence of the tax commissioner or the	90149
commissioner's agent, and a written consent to transfer issued;	90150
provided, however, that a safe deposit company, financial	90151
institution, or other corporation or person having possession or	90152
control of a safe deposit box may deliver wills, deeds to burial	90153
lots, and insurance policies to a representative of the decedent,	90154
but that a representative of the safe deposit company, financial	90155
institution, or other corporation or person must supervise the	90156
opening of the box and make a written record of the wills, deeds,	90157
and policies removed. Such written record shall be included in the	90158
tax commissioner's inventory records.	90159

(G) Notwithstanding any provision of this section:

90160

(1) The tax commissioner may authorize any delivery or	90161
transfer or waive any of the foregoing requirements under such	90162
terms and conditions as the commissioner may prescribe;	90163

(2) An adult care facility, as defined in section ~~3722.01~~	90164
5119.70 of the Revised Code, or a home, as defined in section	90165
3721.10 of the Revised Code, may transfer or use the money in a	90166
personal needs allowance account in accordance with section	90167
5111.113 of the Revised Code without the written consent of the	90168
tax commissioner, and without the account having been opened and	90169
inventoried in the presence of the commissioner or the	90170
commissioner's agent.	90171

Failure to comply with this section shall render such safe	90172
deposit company, trust company, life insurance company, financial	90173
institution as defined in division (A) of section 5725.01 of the	90174
Revised Code, or other corporation or person liable for the amount	90175
of the taxes and interest due under the provisions of Chapter	90176
5731. of the Revised Code on the transfer of such stock, deposit,	90177
proceeds of an annuity or matured endowment contract or of a life	90178
insurance contract payable to the estate of a decedent, or other	90179
insurance contract taxable under Chapter 5731. of the Revised	90180
Code, proceeds of any death benefit, retirement, pension, or	90181
profit sharing plan in excess of two thousand dollars, or	90182
securities, assets, or other property of any resident decedent,	90183
and in addition thereto, to a penalty of not less than five	90184
hundred or more than five thousand dollars.	90185

Sec. 5733.0610. (A) A refundable corporation franchise tax	90186
credit granted by the tax credit authority under section 122.17 or	90187
division (B)(2) or (3) of section 122.171 of the Revised Code may	90188
be claimed under this chapter in the order required under section	90189
5733.98 of the Revised Code. For purposes of making tax payments	90190
under this chapter, taxes equal to the amount of the refundable	90191
credit shall be considered to be paid to this state on the first	90192
day of the tax year. The refundable credit shall not be claimed	90193
for any tax years following the calendar year in which a	90194
relocation of employment positions occurs in violation of an	90195
agreement entered into under section 122.171 of the Revised Code.	90196

(B) A nonrefundable corporation franchise tax credit granted	90197
by the tax credit authority under division (B)(1) of section	90198
122.171 of the Revised Code may be claimed under this chapter in	90199
the order required under section 5733.98 of the Revised Code.	90200

Sec. 5739.02. For the purpose of providing revenue with	90201
which to meet the needs of the state, for the use of the general	90202
revenue fund of the state, for the purpose of securing a thorough	90203
and efficient system of common schools throughout the state, for	90204
the purpose of affording revenues, in addition to those from	90205
general property taxes, permitted under constitutional	90206
limitations, and from other sources, for the support of local	90207
governmental functions, and for the purpose of reimbursing the	90208
state for the expense of administering this chapter, an excise tax	90209
is hereby levied on each retail sale made in this state.	90210

(A)(1) The tax shall be collected as provided in section	90211
5739.025 of the Revised Code. The rate of the tax shall be five	90212
and one-half per cent. The tax applies and is collectible when the	90213
sale is made, regardless of the time when the price is paid or	90214
delivered.	90215

(2) In the case of the lease or rental, with a fixed term of	90216
more than thirty days or an indefinite term with a minimum period	90217
of more than thirty days, of any motor vehicles designed by the	90218
manufacturer to carry a load of not more than one ton, watercraft,	90219
outboard motor, or aircraft, or of any tangible personal property,	90220
other than motor vehicles designed by the manufacturer to carry a	90221
load of more than one ton, to be used by the lessee or renter	90222
primarily for business purposes, the tax shall be collected by the	90223
vendor at the time the lease or rental is consummated and shall be	90224
calculated by the vendor on the basis of the total amount to be	90225
paid by the lessee or renter under the lease agreement. If the	90226
total amount of the consideration for the lease or rental includes	90227
amounts that are not calculated at the time the lease or rental is	90228
executed, the tax shall be calculated and collected by the vendor	90229
at the time such amounts are billed to the lessee or renter. In	90230
the case of an open-end lease or rental, the tax shall be	90231
calculated by the vendor on the basis of the total amount to be	90232
paid during the initial fixed term of the lease or rental, and for	90233
each subsequent renewal period as it comes due. As used in this	90234
division, "motor vehicle" has the same meaning as in section	90235
4501.01 of the Revised Code, and "watercraft" includes an outdrive	90236
unit attached to the watercraft.	90237

A lease with a renewal clause and a termination penalty or	90238
similar provision that applies if the renewal clause is not	90239
exercised is presumed to be a sham transaction. In such a case,	90240
the tax shall be calculated and paid on the basis of the entire	90241
length of the lease period, including any renewal periods, until	90242
the termination penalty or similar provision no longer applies.	90243
The taxpayer shall bear the burden, by a preponderance of the	90244
evidence, that the transaction or series of transactions is not a	90245
sham transaction.	90246

(3) Except as provided in division (A)(2) of this section, in	90247
the case of a sale, the price of which consists in whole or in	90248
part of the lease or rental of tangible personal property, the tax	90249
shall be measured by the installments of that lease or rental.	90250

(4) In the case of a sale of a physical fitness facility	90251
service or recreation and sports club service, the price of which	90252
consists in whole or in part of a membership for the receipt of	90253
the benefit of the service, the tax applicable to the sale shall	90254
be measured by the installments thereof.	90255

(B) The tax does not apply to the following:

90256

(1) Sales to the state or any of its political subdivisions,	90257
or to any other state or its political subdivisions if the laws of	90258
that state exempt from taxation sales made to this state and its	90259
political subdivisions;	90260

(2) Sales of food for human consumption off the premises	90261
where sold;	90262

(3) Sales of food sold to students only in a cafeteria,	90263
dormitory, fraternity, or sorority maintained in a private,	90264
public, or parochial school, college, or university;	90265

(4) Sales of newspapers and of magazine subscriptions and	90266
sales or transfers of magazines distributed as controlled	90267
circulation publications;	90268

(5) The furnishing, preparing, or serving of meals without	90269
charge by an employer to an employee provided the employer records	90270
the meals as part compensation for services performed or work	90271
done;	90272

(6) Sales of motor fuel upon receipt, use, distribution, or	90273
sale of which in this state a tax is imposed by the law of this	90274
state, but this exemption shall not apply to the sale of motor	90275
fuel on which a refund of the tax is allowable under division (A)	90276
of section 5735.14 of the Revised Code; and the tax commissioner	90277
may deduct the amount of tax levied by this section applicable to	90278
the price of motor fuel when granting a refund of motor fuel tax	90279
pursuant to division (A) of section 5735.14 of the Revised Code	90280
and shall cause the amount deducted to be paid into the general	90281
revenue fund of this state;	90282

(7) Sales of natural gas by a natural gas company, of water	90283
by a water-works company, or of steam by a heating company, if in	90284
each case the thing sold is delivered to consumers through pipes	90285
or conduits, and all sales of communications services by a	90286
telegraph company, all terms as defined in section 5727.01 of the	90287
Revised Code, and sales of electricity delivered through wires;	90288

(8) Casual sales by a person, or auctioneer employed directly	90289
by the person to conduct such sales, except as to such sales of	90290
motor vehicles, watercraft or outboard motors required to be	90291
titled under section 1548.06 of the Revised Code, watercraft	90292
documented with the United States coast guard, snowmobiles, and	90293
all-purpose vehicles as defined in section 4519.01 of the Revised	90294
Code;	90295

(9)(a) Sales of services or tangible personal property, other	90296
than motor vehicles, mobile homes, and manufactured homes, by	90297
churches, organizations exempt from taxation under section	90298
501(c)(3) of the Internal Revenue Code of 1986, or nonprofit	90299
organizations operated exclusively for charitable purposes as	90300
defined in division (B)(12) of this section, provided that the	90301
number of days on which such tangible personal property or	90302
services, other than items never subject to the tax, are sold does	90303
not exceed six in any calendar year, except as otherwise provided	90304
in division (B)(9)(b) of this section. If the number of days on	90305
which such sales are made exceeds six in any calendar year, the	90306
church or organization shall be considered to be engaged in	90307
business and all subsequent sales by it shall be subject to the	90308
tax. In counting the number of days, all sales by groups within a	90309
church or within an organization shall be considered to be sales	90310
of that church or organization.	90311

(b) The limitation on the number of days on which tax-exempt	90312
sales may be made by a church or organization under division	90313
(B)(9)(a) of this section does not apply to sales made by student	90314
clubs and other groups of students of a primary or secondary	90315
school, or a parent-teacher association, booster group, or similar	90316
organization that raises money to support or fund curricular or	90317
extracurricular activities of a primary or secondary school.	90318

(c) Divisions (B)(9)(a) and (b) of this section do not apply	90319
to sales by a noncommercial educational radio or television	90320
broadcasting station.	90321

(10) Sales not within the taxing power of this state under	90322
the Constitution of the United States;	90323

(11) Except for transactions that are sales under division	90324
(B)(3)(r) of section 5739.01 of the Revised Code, the	90325
transportation of persons or property, unless the transportation	90326
is by a private investigation and security service;	90327

(12) Sales of tangible personal property or services to	90328
churches, to organizations exempt from taxation under section	90329
501(c)(3) of the Internal Revenue Code of 1986, and to any other	90330
nonprofit organizations operated exclusively for charitable	90331
purposes in this state, no part of the net income of which inures	90332
to the benefit of any private shareholder or individual, and no	90333
substantial part of the activities of which consists of carrying	90334
on propaganda or otherwise attempting to influence legislation;	90335
sales to offices administering one or more homes for the aged or	90336
one or more hospital facilities exempt under section 140.08 of the	90337
Revised Code; and sales to organizations described in division (D)	90338
of section 5709.12 of the Revised Code.	90339

"Charitable purposes" means the relief of poverty; the	90340
improvement of health through the alleviation of illness, disease,	90341
or injury; the operation of an organization exclusively for the	90342
provision of professional, laundry, printing, and purchasing	90343
services to hospitals or charitable institutions; the operation of	90344
a home for the aged, as defined in section 5701.13 of the Revised	90345
Code; the operation of a radio or television broadcasting station	90346
that is licensed by the federal communications commission as a	90347
noncommercial educational radio or television station; the	90348
operation of a nonprofit animal adoption service or a county	90349
humane society; the promotion of education by an institution of	90350
learning that maintains a faculty of qualified instructors,	90351
teaches regular continuous courses of study, and confers a	90352
recognized diploma upon completion of a specific curriculum; the	90353
operation of a parent-teacher association, booster group, or	90354
similar organization primarily engaged in the promotion and	90355
support of the curricular or extracurricular activities of a	90356
primary or secondary school; the operation of a community or area	90357
center in which presentations in music, dramatics, the arts, and	90358
related fields are made in order to foster public interest and	90359
education therein; the production of performances in music,	90360
dramatics, and the arts; or the promotion of education by an	90361
organization engaged in carrying on research in, or the	90362
dissemination of, scientific and technological knowledge and	90363
information primarily for the public.	90364

Nothing in this division shall be deemed to exempt sales to	90365
any organization for use in the operation or carrying on of a	90366
trade or business, or sales to a home for the aged for use in the	90367
operation of independent living facilities as defined in division	90368
(A) of section 5709.12 of the Revised Code.	90369

(13) Building and construction materials and services sold to	90370
construction contractors for incorporation into a structure or	90371
improvement to real property under a construction contract with	90372
this state or a political subdivision of this state, or with the	90373
United States government or any of its agencies; building and	90374
construction materials and services sold to construction	90375
contractors for incorporation into a structure or improvement to	90376
real property that are accepted for ownership by this state or any	90377
of its political subdivisions, or by the United States government	90378
or any of its agencies at the time of completion of the structures	90379
or improvements; building and construction materials sold to	90380
construction contractors for incorporation into a horticulture	90381
structure or livestock structure for a person engaged in the	90382
business of horticulture or producing livestock; building	90383
materials and services sold to a construction contractor for	90384
incorporation into a house of public worship or religious	90385
education, or a building used exclusively for charitable purposes	90386
under a construction contract with an organization whose purpose	90387
is as described in division (B)(12) of this section; building	90388
materials and services sold to a construction contractor for	90389
incorporation into a building under a construction contract with	90390
an organization exempt from taxation under section 501(c)(3) of	90391
the Internal Revenue Code of 1986 when the building is to be used	90392
exclusively for the organization's exempt purposes; building and	90393
construction materials sold for incorporation into the original	90394
construction of a sports facility under section 307.696 of the	90395
Revised Code; building and construction materials and services	90396
sold to a construction contractor for incorporation into real	90397
property outside this state if such materials and services, when	90398
sold to a construction contractor in the state in which the real	90399
property is located for incorporation into real property in that	90400
state, would be exempt from a tax on sales levied by that state;	90401
and, until one calendar year after the construction of a	90402
convention center that qualifies for property tax exemption under	90403
section 5709.084 of the Revised Code is completed, building and	90404
construction materials and services sold to a construction	90405
contractor for incorporation into the real property comprising	90406
that convention center;	90407

(14) Sales of ships or vessels or rail rolling stock used or	90408
to be used principally in interstate or foreign commerce, and	90409
repairs, alterations, fuel, and lubricants for such ships or	90410
vessels or rail rolling stock;	90411

(15) Sales to persons primarily engaged in any of the	90412
activities mentioned in division (B)(42)(a) or (g) of this	90413
section, to persons engaged in making retail sales, or to persons	90414
who purchase for sale from a manufacturer tangible personal	90415
property that was produced by the manufacturer in accordance with	90416
specific designs provided by the purchaser, of packages, including	90417
material, labels, and parts for packages, and of machinery,	90418
equipment, and material for use primarily in packaging tangible	90419
personal property produced for sale, including any machinery,	90420
equipment, and supplies used to make labels or packages, to	90421
prepare packages or products for labeling, or to label packages or	90422
products, by or on the order of the person doing the packaging, or	90423
sold at retail. "Packages" includes bags, baskets, cartons,	90424
crates, boxes, cans, bottles, bindings, wrappings, and other	90425
similar devices and containers, but does not include motor	90426
vehicles or bulk tanks, trailers, or similar devices attached to	90427
motor vehicles. "Packaging" means placing in a package. Division	90428
(B)(15) of this section does not apply to persons engaged in	90429
highway transportation for hire.	90430

(16) Sales of food to persons using supplemental nutrition	90431
assistance program benefits to purchase the food. As used in this	90432
division, "food" has the same meaning as in 7 U.S.C. 2012 and	90433
federal regulations adopted pursuant to the Food and Nutrition Act	90434
of 2008.	90435

(17) Sales to persons engaged in farming, agriculture,	90436
horticulture, or floriculture, of tangible personal property for	90437
use or consumption directly in the production by farming,	90438
agriculture, horticulture, or floriculture of other tangible	90439
personal property for use or consumption directly in the	90440
production of tangible personal property for sale by farming,	90441
agriculture, horticulture, or floriculture; or material and parts	90442
for incorporation into any such tangible personal property for use	90443
or consumption in production; and of tangible personal property	90444
for such use or consumption in the conditioning or holding of	90445
products produced by and for such use, consumption, or sale by	90446
persons engaged in farming, agriculture, horticulture, or	90447
floriculture, except where such property is incorporated into real	90448
property;	90449

(18) Sales of drugs for a human being that may be dispensed	90450
only pursuant to a prescription; insulin as recognized in the	90451
official United States pharmacopoeia; urine and blood testing	90452
materials when used by diabetics or persons with hypoglycemia to	90453
test for glucose or acetone; hypodermic syringes and needles when	90454
used by diabetics for insulin injections; epoetin alfa when	90455
purchased for use in the treatment of persons with medical	90456
disease; hospital beds when purchased by hospitals, nursing homes,	90457
or other medical facilities; and medical oxygen and medical	90458
oxygen-dispensing equipment when purchased by hospitals, nursing	90459
homes, or other medical facilities;	90460

(19) Sales of prosthetic devices, durable medical equipment	90461
for home use, or mobility enhancing equipment, when made pursuant	90462
to a prescription and when such devices or equipment are for use	90463
by a human being.	90464

(20) Sales of emergency and fire protection vehicles and	90465
equipment to nonprofit organizations for use solely in providing	90466
fire protection and emergency services, including trauma care and	90467
emergency medical services, for political subdivisions of the	90468
state;	90469

(21) Sales of tangible personal property manufactured in this	90470
state, if sold by the manufacturer in this state to a retailer for	90471
use in the retail business of the retailer outside of this state	90472
and if possession is taken from the manufacturer by the purchaser	90473
within this state for the sole purpose of immediately removing the	90474
same from this state in a vehicle owned by the purchaser;	90475

(22) Sales of services provided by the state or any of its	90476
political subdivisions, agencies, instrumentalities, institutions,	90477
or authorities, or by governmental entities of the state or any of	90478
its political subdivisions, agencies, instrumentalities,	90479
institutions, or authorities;	90480

(23) Sales of motor vehicles to nonresidents of this state	90481
under the circumstances described in division (B) of section	90482
5739.029 of the Revised Code;	90483

(24) Sales to persons engaged in the preparation of eggs for	90484
sale of tangible personal property used or consumed directly in	90485
such preparation, including such tangible personal property used	90486
for cleaning, sanitizing, preserving, grading, sorting, and	90487
classifying by size; packages, including material and parts for	90488
packages, and machinery, equipment, and material for use in	90489
packaging eggs for sale; and handling and transportation equipment	90490
and parts therefor, except motor vehicles licensed to operate on	90491
public highways, used in intraplant or interplant transfers or	90492
shipment of eggs in the process of preparation for sale, when the	90493
plant or plants within or between which such transfers or	90494
shipments occur are operated by the same person. "Packages"	90495
includes containers, cases, baskets, flats, fillers, filler flats,	90496
cartons, closure materials, labels, and labeling materials, and	90497
"packaging" means placing therein.	90498

(25)(a) Sales of water to a consumer for residential use,	90499
except the sale of bottled water, distilled water, mineral water,	90500
carbonated water, or ice;	90501

(b) Sales of water by a nonprofit corporation engaged	90502
exclusively in the treatment, distribution, and sale of water to	90503
consumers, if such water is delivered to consumers through pipes	90504
or tubing.	90505

(26) Fees charged for inspection or reinspection of motor	90506
vehicles under section 3704.14 of the Revised Code;	90507

(27) Sales to persons licensed to conduct a food service	90508
operation pursuant to section 3717.43 of the Revised Code, of	90509
tangible personal property primarily used directly for the	90510
following:	90511

(a) To prepare food for human consumption for sale;

90512

(b) To preserve food that has been or will be prepared for	90513
human consumption for sale by the food service operator, not	90514
including tangible personal property used to display food for	90515
selection by the consumer;	90516

(c) To clean tangible personal property used to prepare or	90517
serve food for human consumption for sale.	90518

(28) Sales of animals by nonprofit animal adoption services	90519
or county humane societies;	90520

(29) Sales of services to a corporation described in division	90521
(A) of section 5709.72 of the Revised Code, and sales of tangible	90522
personal property that qualifies for exemption from taxation under	90523
section 5709.72 of the Revised Code;	90524

(30) Sales and installation of agricultural land tile, as	90525
defined in division (B)(5)(a) of section 5739.01 of the Revised	90526
Code;	90527

(31) Sales and erection or installation of portable grain	90528
bins, as defined in division (B)(5)(b) of section 5739.01 of the	90529
Revised Code;	90530

(32) The sale, lease, repair, and maintenance of, parts for,	90531
or items attached to or incorporated in, motor vehicles that are	90532
primarily used for transporting tangible personal property	90533
belonging to others by a person engaged in highway transportation	90534
for hire, except for packages and packaging used for the	90535
transportation of tangible personal property;	90536

(33) Sales to the state headquarters of any veterans'	90537
organization in this state that is either incorporated and issued	90538
a charter by the congress of the United States or is recognized by	90539
the United States veterans administration, for use by the	90540
headquarters;	90541

(34) Sales to a telecommunications service vendor, mobile	90542
telecommunications service vendor, or satellite broadcasting	90543
service vendor of tangible personal property and services used	90544
directly and primarily in transmitting, receiving, switching, or	90545
recording any interactive, one- or two-way electromagnetic	90546
communications, including voice, image, data, and information,	90547
through the use of any medium, including, but not limited to,	90548
poles, wires, cables, switching equipment, computers, and record	90549
storage devices and media, and component parts for the tangible	90550
personal property. The exemption provided in this division shall	90551
be in lieu of all other exemptions under division (B)(42)(a) of	90552
this section to which the vendor may otherwise be entitled, based	90553
upon the use of the thing purchased in providing the	90554
telecommunications, mobile telecommunications, or satellite	90555
broadcasting service.	90556

(35)(a) Sales where the purpose of the consumer is to use or	90557
consume the things transferred in making retail sales and	90558
consisting of newspaper inserts, catalogues, coupons, flyers, gift	90559
certificates, or other advertising material that prices and	90560
describes tangible personal property offered for retail sale.	90561

(b) Sales to direct marketing vendors of preliminary	90562
materials such as photographs, artwork, and typesetting that will	90563
be used in printing advertising material; of printed matter that	90564
offers free merchandise or chances to win sweepstake prizes and	90565
that is mailed to potential customers with advertising material	90566
described in division (B)(35)(a) of this section; and of equipment	90567
such as telephones, computers, facsimile machines, and similar	90568
tangible personal property primarily used to accept orders for	90569
direct marketing retail sales.	90570

(c) Sales of automatic food vending machines that preserve	90571
food with a shelf life of forty-five days or less by refrigeration	90572
and dispense it to the consumer.	90573

For purposes of division (B)(35) of this section, "direct	90574
marketing" means the method of selling where consumers order	90575
tangible personal property by United States mail, delivery	90576
service, or telecommunication and the vendor delivers or ships the	90577
tangible personal property sold to the consumer from a warehouse,	90578
catalogue distribution center, or similar fulfillment facility by	90579
means of the United States mail, delivery service, or common	90580
carrier.	90581

(36) Sales to a person engaged in the business of	90582
horticulture or producing livestock of materials to be	90583
incorporated into a horticulture structure or livestock structure;	90584

(37) Sales of personal computers, computer monitors, computer	90585
keyboards, modems, and other peripheral computer equipment to an	90586
individual who is licensed or certified to teach in an elementary	90587
or a secondary school in this state for use by that individual in	90588
preparation for teaching elementary or secondary school students;	90589

(38) Sales to a professional racing team of any of the	90590
following:	90591

(a) Motor racing vehicles;

90592

(b) Repair services for motor racing vehicles;

90593

(c) Items of property that are attached to or incorporated in	90594
motor racing vehicles, including engines, chassis, and all other	90595
components of the vehicles, and all spare, replacement, and	90596
rebuilt parts or components of the vehicles; except not including	90597
tires, consumable fluids, paint, and accessories consisting of	90598
instrumentation sensors and related items added to the vehicle to	90599
collect and transmit data by means of telemetry and other forms of	90600
communication.	90601

(39) Sales of used manufactured homes and used mobile homes,	90602
as defined in section 5739.0210 of the Revised Code, made on or	90603
after January 1, 2000;	90604

(40) Sales of tangible personal property and services to a	90605
provider of electricity used or consumed directly and primarily in	90606
generating, transmitting, or distributing electricity for use by	90607
others, including property that is or is to be incorporated into	90608
and will become a part of the consumer's production, transmission,	90609
or distribution system and that retains its classification as	90610
tangible personal property after incorporation; fuel or power used	90611
in the production, transmission, or distribution of electricity;	90612
energy conversion equipment as defined in section 5727.01 of the	90613
Revised Code; and tangible personal property and services used in	90614
the repair and maintenance of the production, transmission, or	90615
distribution system, including only those motor vehicles as are	90616
specially designed and equipped for such use. The exemption	90617
provided in this division shall be in lieu of all other exemptions	90618
in division (B)(42)(a) of this section to which a provider of	90619
electricity may otherwise be entitled based on the use of the	90620
tangible personal property or service purchased in generating,	90621
transmitting, or distributing electricity.	90622

(41) Sales to a person providing services under division	90623
(B)(3)(r) of section 5739.01 of the Revised Code of tangible	90624
personal property and services used directly and primarily in	90625
providing taxable services under that section.	90626

(42) Sales where the purpose of the purchaser is to do any of	90627
the following:	90628

(a) To incorporate the thing transferred as a material or a	90629
part into tangible personal property to be produced for sale by	90630
manufacturing, assembling, processing, or refining; or to use or	90631
consume the thing transferred directly in producing tangible	90632
personal property for sale by mining, including, without	90633
limitation, the extraction from the earth of all substances that	90634
are classed geologically as minerals, production of crude oil and	90635
natural gas, farming, agriculture, horticulture, or floriculture,	90636
or directly in the rendition of a public utility service, except	90637
that the sales tax levied by this section shall be collected upon	90638
all meals, drinks, and food for human consumption sold when	90639
transporting persons. Persons engaged in rendering farming,	90640
agricultural, horticultural, or floricultural services, and	90641
services in the exploration for, and production of, crude oil and	90642
natural gas, for others are deemed engaged directly in farming,	90643
agriculture, horticulture, and floriculture, or exploration for,	90644
and production of, crude oil and natural gas. This paragraph does	90645
not exempt from "retail sale" or "sales at retail" the sale of	90646
tangible personal property that is to be incorporated into a	90647
structure or improvement to real property.	90648

(b) To hold the thing transferred as security for the	90649
performance of an obligation of the vendor;	90650

(c) To resell, hold, use, or consume the thing transferred as	90651
evidence of a contract of insurance;	90652

(d) To use or consume the thing directly in commercial	90653
fishing;	90654

(e) To incorporate the thing transferred as a material or a	90655
part into, or to use or consume the thing transferred directly in	90656
the production of, magazines distributed as controlled circulation	90657
publications;	90658

(f) To use or consume the thing transferred in the production	90659
and preparation in suitable condition for market and sale of	90660
printed, imprinted, overprinted, lithographic, multilithic,	90661
blueprinted, photostatic, or other productions or reproductions of	90662
written or graphic matter;	90663

(g) To use the thing transferred, as described in section	90664
5739.011 of the Revised Code, primarily in a manufacturing	90665
operation to produce tangible personal property for sale;	90666

(h) To use the benefit of a warranty, maintenance or service	90667
contract, or similar agreement, as described in division (B)(7) of	90668
section 5739.01 of the Revised Code, to repair or maintain	90669
tangible personal property, if all of the property that is the	90670
subject of the warranty, contract, or agreement would not be	90671
subject to the tax imposed by this section;	90672

(i) To use the thing transferred as qualified research and	90673
development equipment;	90674

(j) To use or consume the thing transferred primarily in	90675
storing, transporting, mailing, or otherwise handling purchased	90676
sales inventory in a warehouse, distribution center, or similar	90677
facility when the inventory is primarily distributed outside this	90678
state to retail stores of the person who owns or controls the	90679
warehouse, distribution center, or similar facility, to retail	90680
stores of an affiliated group of which that person is a member, or	90681
by means of direct marketing. This division does not apply to	90682
motor vehicles registered for operation on the public highways. As	90683
used in this division, "affiliated group" has the same meaning as	90684
in division (B)(3)(e) of section 5739.01 of the Revised Code and	90685
"direct marketing" has the same meaning as in division (B)(35) of	90686
this section.	90687

(k) To use or consume the thing transferred to fulfill a	90688
contractual obligation incurred by a warrantor pursuant to a	90689
warranty provided as a part of the price of the tangible personal	90690
property sold or by a vendor of a warranty, maintenance or service	90691
contract, or similar agreement the provision of which is defined	90692
as a sale under division (B)(7) of section 5739.01 of the Revised	90693
Code;	90694

(l) To use or consume the thing transferred in the production	90695
of a newspaper for distribution to the public;	90696

(m) To use tangible personal property to perform a service	90697
listed in division (B)(3) of section 5739.01 of the Revised Code,	90698
if the property is or is to be permanently transferred to the	90699
consumer of the service as an integral part of the performance of	90700
the service;	90701

(n) To use or consume the thing transferred in acquiring,	90702
formatting, editing, storing, and disseminating data or	90703
information by electronic publishing.	90704

As used in division (B)(42) of this section, "thing" includes	90705
all transactions included in divisions (B)(3)(a), (b), and (e) of	90706
section 5739.01 of the Revised Code.	90707

(43) Sales conducted through a coin operated device that	90708
activates vacuum equipment or equipment that dispenses water,	90709
whether or not in combination with soap or other cleaning agents	90710
or wax, to the consumer for the consumer's use on the premises in	90711
washing, cleaning, or waxing a motor vehicle, provided no other	90712
personal property or personal service is provided as part of the	90713
transaction.	90714

(44) Sales of replacement and modification parts for engines,	90715
airframes, instruments, and interiors in, and paint for, aircraft	90716
used primarily in a fractional aircraft ownership program, and	90717
sales of services for the repair, modification, and maintenance of	90718
such aircraft, and machinery, equipment, and supplies primarily	90719
used to provide those services.	90720

(45) Sales of telecommunications service that is used	90721
directly and primarily to perform the functions of a call center.	90722
As used in this division, "call center" means any physical	90723
location where telephone calls are placed or received in high	90724
volume for the purpose of making sales, marketing, customer	90725
service, technical support, or other specialized business	90726
activity, and that employs at least fifty individuals that engage	90727
in call center activities on a full-time basis, or sufficient	90728
individuals to fill fifty full-time equivalent positions.	90729

(46) Sales by a telecommunications service vendor of 900	90730
service to a subscriber. This division does not apply to	90731
information services, as defined in division (FF) of section	90732
5739.01 of the Revised Code.	90733

(47) Sales of value-added non-voice data service. This	90734
division does not apply to any similar service that is not	90735
otherwise a telecommunications service.	90736

(48)(a) Sales of machinery, equipment, and software to a	90737
qualified direct selling entity for use in a warehouse or	90738
distribution center primarily for storing, transporting, or	90739
otherwise handling inventory that is held for sale to independent	90740
salespersons who operate as direct sellers and that is held	90741
primarily for distribution outside this state;	90742

(b) As used in division (B)(48)(a) of this section:

90743

(i) "Direct seller" means a person selling consumer products	90744
to individuals for personal or household use and not from a fixed	90745
retail location, including selling such product at in-home product	90746
demonstrations, parties, and other one-on-one selling.	90747

(ii) "Qualified direct selling entity" means an entity	90748
selling to direct sellers at the time the entity enters into a tax	90749
credit agreement with the tax credit authority pursuant to section	90750
122.17 of the Revised Code, provided that the agreement was	90751
entered into on or after January 1, 2007. Neither contingencies	90752
relevant to the granting of, nor later developments with respect	90753
to, the tax credit shall impair the status of the qualified direct	90754
selling entity under division (B)(48) of this section after	90755
execution of the tax credit agreement by the tax credit authority.	90756

(c) Division (B)(48) of this section is limited to	90757
machinery, equipment, and software first stored, used, or consumed	90758
in this state within the period commencing June 24, 2008, and	90759
ending on the date that is five years after that date.	90760

(49) Sales of materials, parts, equipment, or engines used in	90761
the repair or maintenance of aircraft or avionics systems of such	90762
aircraft, and sales of repair, remodeling, replacement, or	90763
maintenance services in this state performed on aircraft or on an	90764
aircraft's avionics, engine, or component materials or parts. As	90765
used in division (B)(49) of this section, "aircraft" means	90766
aircraft of more than six thousand pounds maximum certified	90767
takeoff weight or used exclusively in general aviation.	90768

(50) Sales of full flight simulators that are used for pilot	90769
or flight-crew training, sales of repair or replacement parts or	90770
components, and sales of repair or maintenance services for such	90771
full flight simulators. "Full flight simulator" means a replica of	90772
a specific type, or make, model, and series of aircraft cockpit.	90773
It includes the assemblage of equipment and computer programs	90774
necessary to represent aircraft operations in ground and flight	90775
conditions, a visual system providing an out-of-the-cockpit view,	90776
and a system that provides cues at least equivalent to those of a	90777
three-degree-of-freedom motion system, and has the full range of	90778
capabilities of the systems installed in the device as described	90779
in appendices A and B of part 60 of chapter 1 of title 14 of the	90780
Code of Federal Regulations.	90781

(51) Any transfer or lease of tangible personal property	90782
between the state and a successful proposer in accordance with	90783
sections 126.60 to 126.605 of the Revised Code, provided the	90784
property is part of a project as defined in section 126.60 of the	90785
Revised Code and the state retains ownership of the project or	90786
part thereof that is being transferred or leased, between the	90787
state and JobsOhio in accordance with section 4313.02 of the	90788
Revised Code, or between the department of rehabilitation and	90789
correction and a contractor in accordance with division (J) of	90790
section 9.06 of the Revised Code.	90791

(C) For the purpose of the proper administration of this	90792
chapter, and to prevent the evasion of the tax, it is presumed	90793
that all sales made in this state are subject to the tax until the	90794
contrary is established.	90795

(D) The levy of this tax on retail sales of recreation and	90796
sports club service shall not prevent a municipal corporation from	90797
levying any tax on recreation and sports club dues or on any	90798
income generated by recreation and sports club dues.	90799

(E) The tax collected by the vendor from the consumer under	90800
this chapter is not part of the price, but is a tax collection for	90801
the benefit of the state, and of counties levying an additional	90802
sales tax pursuant to section 5739.021 or 5739.026 of the Revised	90803
Code and of transit authorities levying an additional sales tax	90804
pursuant to section 5739.023 of the Revised Code. Except for the	90805
discount authorized under section 5739.12 of the Revised Code and	90806
the effects of any rounding pursuant to section 5703.055 of the	90807
Revised Code, no person other than the state or such a county or	90808
transit authority shall derive any benefit from the collection or	90809
payment of the tax levied by this section or section 5739.021,	90810
5739.023, or 5739.026 of the Revised Code.	90811

Sec. 5747.01. Except as otherwise expressly provided or	90812
clearly appearing from the context, any term used in this chapter	90813
that is not otherwise defined in this section has the same meaning	90814
as when used in a comparable context in the laws of the United	90815
States relating to federal income taxes or if not used in a	90816
comparable context in those laws, has the same meaning as in	90817
section 5733.40 of the Revised Code. Any reference in this chapter	90818
to the Internal Revenue Code includes other laws of the United	90819
States relating to federal income taxes.	90820

As used in this chapter:

90821

(A) "Adjusted gross income" or "Ohio adjusted gross income"	90822
means federal adjusted gross income, as defined and used in the	90823
Internal Revenue Code, adjusted as provided in this section:	90824

(1) Add interest or dividends on obligations or securities of	90825
any state or of any political subdivision or authority of any	90826
state, other than this state and its subdivisions and authorities.	90827

(2) Add interest or dividends on obligations of any	90828
authority, commission, instrumentality, territory, or possession	90829
of the United States to the extent that the interest or dividends	90830
are exempt from federal income taxes but not from state income	90831
taxes.	90832

(3) Deduct interest or dividends on obligations of the United	90833
States and its territories and possessions or of any authority,	90834
commission, or instrumentality of the United States to the extent	90835
that the interest or dividends are included in federal adjusted	90836
gross income but exempt from state income taxes under the laws of	90837
the United States.	90838

(4) Deduct disability and survivor's benefits to the extent	90839
included in federal adjusted gross income.	90840

(5) Deduct benefits under Title II of the Social Security Act	90841
and tier 1 railroad retirement benefits to the extent included in	90842
federal adjusted gross income under section 86 of the Internal	90843
Revenue Code.	90844

(6) In the case of a taxpayer who is a beneficiary of a trust	90845
that makes an accumulation distribution as defined in section 665	90846
of the Internal Revenue Code, add, for the beneficiary's taxable	90847
years beginning before 2002, the portion, if any, of such	90848
distribution that does not exceed the undistributed net income of	90849
the trust for the three taxable years preceding the taxable year	90850
in which the distribution is made to the extent that the portion	90851
was not included in the trust's taxable income for any of the	90852
trust's taxable years beginning in 2002 or thereafter.	90853
"Undistributed net income of a trust" means the taxable income of	90854
the trust increased by (a)(i) the additions to adjusted gross	90855
income required under division (A) of this section and (ii) the	90856
personal exemptions allowed to the trust pursuant to section	90857
642(b) of the Internal Revenue Code, and decreased by (b)(i) the	90858
deductions to adjusted gross income required under division (A) of	90859
this section, (ii) the amount of federal income taxes attributable	90860
to such income, and (iii) the amount of taxable income that has	90861
been included in the adjusted gross income of a beneficiary by	90862
reason of a prior accumulation distribution. Any undistributed net	90863
income included in the adjusted gross income of a beneficiary	90864
shall reduce the undistributed net income of the trust commencing	90865
with the earliest years of the accumulation period.	90866

(7) Deduct the amount of wages and salaries, if any, not	90867
otherwise allowable as a deduction but that would have been	90868
allowable as a deduction in computing federal adjusted gross	90869
income for the taxable year, had the targeted jobs credit allowed	90870
and determined under sections 38, 51, and 52 of the Internal	90871
Revenue Code not been in effect.	90872

(8) Deduct any interest or interest equivalent on public	90873
obligations and purchase obligations to the extent that the	90874
interest or interest equivalent is included in federal adjusted	90875
gross income.	90876

(9) Add any loss or deduct any gain resulting from the sale,	90877
exchange, or other disposition of public obligations to the extent	90878
that the loss has been deducted or the gain has been included in	90879
computing federal adjusted gross income.	90880

(10) Deduct or add amounts, as provided under section 5747.70	90881
of the Revised Code, related to contributions to variable college	90882
savings program accounts made or tuition units purchased pursuant	90883
to Chapter 3334. of the Revised Code.	90884

(11)(a) Deduct, to the extent not otherwise allowable as a	90885
deduction or exclusion in computing federal or Ohio adjusted gross	90886
income for the taxable year, the amount the taxpayer paid during	90887
the taxable year for medical care insurance and qualified	90888
long-term care insurance for the taxpayer, the taxpayer's spouse,	90889
and dependents. No deduction for medical care insurance under	90890
division (A)(11) of this section shall be allowed either to any	90891
taxpayer who is eligible to participate in any subsidized health	90892
plan maintained by any employer of the taxpayer or of the	90893
taxpayer's spouse, or to any taxpayer who is entitled to, or on	90894
application would be entitled to, benefits under part A of Title	90895
XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.	90896
301, as amended. For the purposes of division (A)(11)(a) of this	90897
section, "subsidized health plan" means a health plan for which	90898
the employer pays any portion of the plan's cost. The deduction	90899
allowed under division (A)(11)(a) of this section shall be the net	90900
of any related premium refunds, related premium reimbursements, or	90901
related insurance premium dividends received during the taxable	90902
year.	90903

(b) Deduct, to the extent not otherwise deducted or excluded	90904
in computing federal or Ohio adjusted gross income during the	90905
taxable year, the amount the taxpayer paid during the taxable	90906
year, not compensated for by any insurance or otherwise, for	90907
medical care of the taxpayer, the taxpayer's spouse, and	90908
dependents, to the extent the expenses exceed seven and one-half	90909
per cent of the taxpayer's federal adjusted gross income.	90910

(c) Deduct, to the extent not otherwise deducted or excluded	90911
in computing federal or Ohio adjusted gross income, any amount	90912
included in federal adjusted gross income under section 105 or not	90913
excluded under section 106 of the Internal Revenue Code solely	90914
because it relates to an accident and health plan for a person who	90915
otherwise would be a "qualifying relative" and thus a "dependent"	90916
under section 152 of the Internal Revenue Code but for the fact	90917
that the person fails to meet the income and support limitations	90918
under section 152(d)(1)(B) and (C) of the Internal Revenue Code.	90919

(d) For purposes of division (A)(11) of this section,	90920
"medical care" has the meaning given in section 213 of the	90921
Internal Revenue Code, subject to the special rules, limitations,	90922
and exclusions set forth therein, and "qualified long-term care"	90923
has the same meaning given in section 7702B(c) of the Internal	90924
Revenue Code. Solely for purposes of divisions (A)(11)(a) and (c)	90925
of this section, "dependent" includes a person who otherwise would	90926
be a "qualifying relative" and thus a "dependent" under section	90927
152 of the Internal Revenue Code but for the fact that the person	90928
fails to meet the income and support limitations under section	90929
152(d)(1)(B) and (C) of the Internal Revenue Code.	90930

(12)(a) Deduct any amount included in federal adjusted gross	90931
income solely because the amount represents a reimbursement or	90932
refund of expenses that in any year the taxpayer had deducted as	90933
an itemized deduction pursuant to section 63 of the Internal	90934
Revenue Code and applicable United States department of the	90935
treasury regulations. The deduction otherwise allowed under	90936
division (A)(12)(a) of this section shall be reduced to the extent	90937
the reimbursement is attributable to an amount the taxpayer	90938
deducted under this section in any taxable year.	90939

(b) Add any amount not otherwise included in Ohio adjusted	90940
gross income for any taxable year to the extent that the amount is	90941
attributable to the recovery during the taxable year of any amount	90942
deducted or excluded in computing federal or Ohio adjusted gross	90943
income in any taxable year.	90944

(13) Deduct any portion of the deduction described in section	90945
1341(a)(2) of the Internal Revenue Code, for repaying previously	90946
reported income received under a claim of right, that meets both	90947
of the following requirements:	90948

(a) It is allowable for repayment of an item that was	90949
included in the taxpayer's adjusted gross income for a prior	90950
taxable year and did not qualify for a credit under division (A)	90951
or (B) of section 5747.05 of the Revised Code for that year;	90952

(b) It does not otherwise reduce the taxpayer's adjusted	90953
gross income for the current or any other taxable year.	90954

(14) Deduct an amount equal to the deposits made to, and net	90955
investment earnings of, a medical savings account during the	90956
taxable year, in accordance with section 3924.66 of the Revised	90957
Code. The deduction allowed by division (A)(14) of this section	90958
does not apply to medical savings account deposits and earnings	90959
otherwise deducted or excluded for the current or any other	90960
taxable year from the taxpayer's federal adjusted gross income.	90961

(15)(a) Add an amount equal to the funds withdrawn from a	90962
medical savings account during the taxable year, and the net	90963
investment earnings on those funds, when the funds withdrawn were	90964
used for any purpose other than to reimburse an account holder	90965
for, or to pay, eligible medical expenses, in accordance with	90966
section 3924.66 of the Revised Code;	90967

(b) Add the amounts distributed from a medical savings	90968
account under division (A)(2) of section 3924.68 of the Revised	90969
Code during the taxable year.	90970

(16) Add any amount claimed as a credit under section	90971
5747.059 of the Revised Code to the extent that such amount	90972
satisfies either of the following:	90973

(a) The amount was deducted or excluded from the computation	90974
of the taxpayer's federal adjusted gross income as required to be	90975
reported for the taxpayer's taxable year under the Internal	90976
Revenue Code;	90977

(b) The amount resulted in a reduction of the taxpayer's	90978
federal adjusted gross income as required to be reported for any	90979
of the taxpayer's taxable years under the Internal Revenue Code.	90980

(17) Deduct the amount contributed by the taxpayer to an	90981
individual development account program established by a county	90982
department of job and family services pursuant to sections 329.11	90983
to 329.14 of the Revised Code for the purpose of matching funds	90984
deposited by program participants. On request of the tax	90985
commissioner, the taxpayer shall provide any information that, in	90986
the tax commissioner's opinion, is necessary to establish the	90987
amount deducted under division (A)(17) of this section.	90988

(18) Beginning in taxable year 2001 but not for any taxable	90989
year beginning after December 31, 2005, if the taxpayer is married	90990
and files a joint return and the combined federal adjusted gross	90991
income of the taxpayer and the taxpayer's spouse for the taxable	90992
year does not exceed one hundred thousand dollars, or if the	90993
taxpayer is single and has a federal adjusted gross income for the	90994
taxable year not exceeding fifty thousand dollars, deduct amounts	90995
paid during the taxable year for qualified tuition and fees paid	90996
to an eligible institution for the taxpayer, the taxpayer's	90997
spouse, or any dependent of the taxpayer, who is a resident of	90998
this state and is enrolled in or attending a program that	90999
culminates in a degree or diploma at an eligible institution. The	91000
deduction may be claimed only to the extent that qualified tuition	91001
and fees are not otherwise deducted or excluded for any taxable	91002
year from federal or Ohio adjusted gross income. The deduction may	91003
not be claimed for educational expenses for which the taxpayer	91004
claims a credit under section 5747.27 of the Revised Code.	91005

(19) Add any reimbursement received during the taxable year	91006
of any amount the taxpayer deducted under division (A)(18) of this	91007
section in any previous taxable year to the extent the amount is	91008
not otherwise included in Ohio adjusted gross income.	91009

(20)(a)(i) Add five-sixths of the amount of depreciation	91010
expense allowed by subsection (k) of section 168 of the Internal	91011
Revenue Code, including the taxpayer's proportionate or	91012
distributive share of the amount of depreciation expense allowed	91013
by that subsection to a pass-through entity in which the taxpayer	91014
has a direct or indirect ownership interest.	91015

(ii) Add five-sixths of the amount of qualifying section 179	91016
depreciation expense, including a person's proportionate or	91017
distributive share of the amount of qualifying section 179	91018
depreciation expense allowed to any pass-through entity in which	91019
the person has a direct or indirect ownership. For the purposes of	91020
this division, "qualifying section 179 depreciation expense" means	91021
the difference between (I) the amount of depreciation expense	91022
directly or indirectly allowed to the taxpayer under section 179	91023
of the Internal Revenue Code, and (II) the amount of depreciation	91024
expense directly or indirectly allowed to the taxpayer under	91025
section 179 of the Internal Revenue Code as that section existed	91026
on December 31, 2002.	91027

The tax commissioner, under procedures established by the	91028
commissioner, may waive the add-backs related to a pass-through	91029
entity if the taxpayer owns, directly or indirectly, less than	91030
five per cent of the pass-through entity.	91031

(b) Nothing in division (A)(20) of this section shall be	91032
construed to adjust or modify the adjusted basis of any asset.	91033

(c) To the extent the add-back required under division	91034
(A)(20)(a) of this section is attributable to property generating	91035
nonbusiness income or loss allocated under section 5747.20 of the	91036
Revised Code, the add-back shall be sitused to the same location	91037
as the nonbusiness income or loss generated by the property for	91038
the purpose of determining the credit under division (A) of	91039
section 5747.05 of the Revised Code. Otherwise, the add-back shall	91040
be apportioned, subject to one or more of the four alternative	91041
methods of apportionment enumerated in section 5747.21 of the	91042
Revised Code.	91043

(d) For the purposes of division (A) of this section, net	91044
operating loss carryback and carryforward shall not include	91045
five-sixths of the allowance of any net operating loss deduction	91046
carryback or carryforward to the taxable year to the extent such	91047
loss resulted from depreciation allowed by section 168(k) of the	91048
Internal Revenue Code and by the qualifying section 179	91049
depreciation expense amount.	91050

(21)(a) If the taxpayer was required to add an amount under	91051
division (A)(20)(a) of this section for a taxable year, deduct	91052
one-fifth of the amount so added for each of the five succeeding	91053
taxable years.	91054

(b) If the amount deducted under division (A)(21)(a) of this	91055
section is attributable to an add-back allocated under division	91056
(A)(20)(c) of this section, the amount deducted shall be sitused	91057
to the same location. Otherwise, the add-back shall be apportioned	91058
using the apportionment factors for the taxable year in which the	91059
deduction is taken, subject to one or more of the four alternative	91060
methods of apportionment enumerated in section 5747.21 of the	91061
Revised Code.	91062

(c) No deduction is available under division (A)(21)(a) of	91063
this section with regard to any depreciation allowed by section	91064
168(k) of the Internal Revenue Code and by the qualifying section	91065
179 depreciation expense amount to the extent that such	91066
depreciation resulted in or increased a federal net operating loss	91067
carryback or carryforward to a taxable year to which division	91068
(A)(20)(d) of this section does not apply.	91069

(22) Deduct, to the extent not otherwise deducted or excluded	91070
in computing federal or Ohio adjusted gross income for the taxable	91071
year, the amount the taxpayer received during the taxable year as	91072
reimbursement for life insurance premiums under section 5919.31 of	91073
the Revised Code.	91074

(23) Deduct, to the extent not otherwise deducted or excluded	91075
in computing federal or Ohio adjusted gross income for the taxable	91076
year, the amount the taxpayer received during the taxable year as	91077
a death benefit paid by the adjutant general under section 5919.33	91078
of the Revised Code.	91079

(24) Deduct, to the extent included in federal adjusted gross	91080
income and not otherwise allowable as a deduction or exclusion in	91081
computing federal or Ohio adjusted gross income for the taxable	91082
year, military pay and allowances received by the taxpayer during	91083
the taxable year for active duty service in the United States	91084
army, air force, navy, marine corps, or coast guard or reserve	91085
components thereof or the national guard. The deduction may not be	91086
claimed for military pay and allowances received by the taxpayer	91087
while the taxpayer is stationed in this state.	91088

(25) Deduct, to the extent not otherwise allowable as a	91089
deduction or exclusion in computing federal or Ohio adjusted gross	91090
income for the taxable year and not otherwise compensated for by	91091
any other source, the amount of qualified organ donation expenses	91092
incurred by the taxpayer during the taxable year, not to exceed	91093
ten thousand dollars. A taxpayer may deduct qualified organ	91094
donation expenses only once for all taxable years beginning with	91095
taxable years beginning in 2007.	91096

For the purposes of division (A)(25) of this section:

91097

(a) "Human organ" means all or any portion of a human liver,	91098
pancreas, kidney, intestine, or lung, and any portion of human	91099
bone marrow.	91100

(b) "Qualified organ donation expenses" means travel	91101
expenses, lodging expenses, and wages and salary forgone by a	91102
taxpayer in connection with the taxpayer's donation, while living,	91103
of one or more of the taxpayer's human organs to another human	91104
being.	91105

(26) Deduct, to the extent not otherwise deducted or excluded	91106
in computing federal or Ohio adjusted gross income for the taxable	91107
year, amounts received by the taxpayer as retired military	91108
personnel pay for service in the United States army, navy, air	91109
force, coast guard, or marine corps or reserve components thereof,	91110
or the national guard, or received by the surviving spouse or	91111
former spouse of such a taxpayer under the survivor benefit plan	91112
on account of such a taxpayer's death. If the taxpayer receives	91113
income on account of retirement paid under the federal civil	91114
service retirement system or federal employees retirement system,	91115
or under any successor retirement program enacted by the congress	91116
of the United States that is established and maintained for	91117
retired employees of the United States government, and such	91118
retirement income is based, in whole or in part, on credit for the	91119
taxpayer's military service, the deduction allowed under this	91120
division shall include only that portion of such retirement income	91121
that is attributable to the taxpayer's military service, to the	91122
extent that portion of such retirement income is otherwise	91123
included in federal adjusted gross income and is not otherwise	91124
deducted under this section. Any amount deducted under division	91125
(A)(26) of this section is not included in a taxpayer's adjusted	91126
gross income for the purposes of section 5747.055 of the Revised	91127
Code. No amount may be deducted under division (A)(26) of this	91128
section on the basis of which a credit was claimed under section	91129
5747.055 of the Revised Code.	91130

(27) Deduct, to the extent not otherwise deducted or excluded	91131
in computing federal or Ohio adjusted gross income for the taxable	91132
year, the amount the taxpayer received during the taxable year	91133
from the military injury relief fund created in section 5101.98 of	91134
the Revised Code.	91135

(28) Deduct, to the extent not otherwise deducted or excluded	91136
in computing federal or Ohio adjusted gross income for the taxable	91137
year, the amount the taxpayer received as a veterans bonus during	91138
the taxable year from the Ohio department of veterans services as	91139
authorized by Section 2r of Article VIII, Ohio Constitution.	91140

(29) Deduct, to the extent not otherwise deducted or excluded	91141
in computing federal or Ohio adjusted gross income for the taxable	91142
year, any loss from wagering transactions that is allowed as an	91143
itemized deduction under section 165 of the Internal Revenue Code	91144
and that the taxpayer deducted in computing federal taxable	91145
income.	91146

(30) Deduct, to the extent not otherwise deducted or excluded	91147
in computing federal or Ohio adjusted gross income for the taxable	91148
year, any income derived from providing public services under a	91149
contract through a project owned by the state, as described in	91150
section 126.604 of the Revised Code or derived from a contract	91151
entered into under section 9.06 of the Revised Code and described	91152
in division (J) of that section, or derived from a transfer	91153
agreement or from the enterprise transferred under that agreement	91154
under section 4313.02 of the Revised Code.	91155

(B) "Business income" means income, including gain or loss,	91156
arising from transactions, activities, and sources in the regular	91157
course of a trade or business and includes income, gain, or loss	91158
from real property, tangible property, and intangible property if	91159
the acquisition, rental, management, and disposition of the	91160
property constitute integral parts of the regular course of a	91161
trade or business operation. "Business income" includes income,	91162
including gain or loss, from a partial or complete liquidation of	91163
a business, including, but not limited to, gain or loss from the	91164
sale or other disposition of goodwill.	91165

(C) "Nonbusiness income" means all income other than business	91166
income and may include, but is not limited to, compensation, rents	91167
and royalties from real or tangible personal property, capital	91168
gains, interest, dividends and distributions, patent or copyright	91169
royalties, or lottery winnings, prizes, and awards.	91170

(D) "Compensation" means any form of remuneration paid to an	91171
employee for personal services.	91172

(E) "Fiduciary" means a guardian, trustee, executor,	91173
administrator, receiver, conservator, or any other person acting	91174
in any fiduciary capacity for any individual, trust, or estate.	91175

(F) "Fiscal year" means an accounting period of twelve months	91176
ending on the last day of any month other than December.	91177

(G) "Individual" means any natural person.

91178

(H) "Internal Revenue Code" means the "Internal Revenue Code	91179
of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended.	91180

(I) "Resident" means any of the following, provided that	91181
division (I)(3) of this section applies only to taxable years of a	91182
trust beginning in 2002 or thereafter:	91183

(1) An individual who is domiciled in this state, subject to	91184
section 5747.24 of the Revised Code;	91185

(2) The estate of a decedent who at the time of death was	91186
domiciled in this state. The domicile tests of section 5747.24 of	91187
the Revised Code are not controlling for purposes of division	91188
(I)(2) of this section.	91189

(3) A trust that, in whole or part, resides in this state. If	91190
only part of a trust resides in this state, the trust is a	91191
resident only with respect to that part.	91192

For the purposes of division (I)(3) of this section:

91193

(a) A trust resides in this state for the trust's current	91194
taxable year to the extent, as described in division (I)(3)(d) of	91195
this section, that the trust consists directly or indirectly, in	91196
whole or in part, of assets, net of any related liabilities, that	91197
were transferred, or caused to be transferred, directly or	91198
indirectly, to the trust by any of the following:	91199

(i) A person, a court, or a governmental entity or	91200
instrumentality on account of the death of a decedent, but only if	91201
the trust is described in division (I)(3)(e)(i) or (ii) of this	91202
section;	91203

(ii) A person who was domiciled in this state for the	91204
purposes of this chapter when the person directly or indirectly	91205
transferred assets to an irrevocable trust, but only if at least	91206
one of the trust's qualifying beneficiaries is domiciled in this	91207
state for the purposes of this chapter during all or some portion	91208
of the trust's current taxable year;	91209

(iii) A person who was domiciled in this state for the	91210
purposes of this chapter when the trust document or instrument or	91211
part of the trust document or instrument became irrevocable, but	91212
only if at least one of the trust's qualifying beneficiaries is a	91213
resident domiciled in this state for the purposes of this chapter	91214
during all or some portion of the trust's current taxable year. If	91215
a trust document or instrument became irrevocable upon the death	91216
of a person who at the time of death was domiciled in this state	91217
for purposes of this chapter, that person is a person described in	91218
division (I)(3)(a)(iii) of this section.	91219

(b) A trust is irrevocable to the extent that the transferor	91220
is not considered to be the owner of the net assets of the trust	91221
under sections 671 to 678 of the Internal Revenue Code.	91222

(c) With respect to a trust other than a charitable lead	91223
trust, "qualifying beneficiary" has the same meaning as "potential	91224
current beneficiary" as defined in section 1361(e)(2) of the	91225
Internal Revenue Code, and with respect to a charitable lead trust	91226
"qualifying beneficiary" is any current, future, or contingent	91227
beneficiary, but with respect to any trust "qualifying	91228
beneficiary" excludes a person or a governmental entity or	91229
instrumentality to any of which a contribution would qualify for	91230
the charitable deduction under section 170 of the Internal Revenue	91231
Code.	91232

(d) For the purposes of division (I)(3)(a) of this section,	91233
the extent to which a trust consists directly or indirectly, in	91234
whole or in part, of assets, net of any related liabilities, that	91235
were transferred directly or indirectly, in whole or part, to the	91236
trust by any of the sources enumerated in that division shall be	91237
ascertained by multiplying the fair market value of the trust's	91238
assets, net of related liabilities, by the qualifying ratio, which	91239
shall be computed as follows:	91240

(i) The first time the trust receives assets, the numerator	91241
of the qualifying ratio is the fair market value of those assets	91242
at that time, net of any related liabilities, from sources	91243
enumerated in division (I)(3)(a) of this section. The denominator	91244
of the qualifying ratio is the fair market value of all the	91245
trust's assets at that time, net of any related liabilities.	91246

(ii) Each subsequent time the trust receives assets, a	91247
revised qualifying ratio shall be computed. The numerator of the	91248
revised qualifying ratio is the sum of (1) the fair market value	91249
of the trust's assets immediately prior to the subsequent	91250
transfer, net of any related liabilities, multiplied by the	91251
qualifying ratio last computed without regard to the subsequent	91252
transfer, and (2) the fair market value of the subsequently	91253
transferred assets at the time transferred, net of any related	91254
liabilities, from sources enumerated in division (I)(3)(a) of this	91255
section. The denominator of the revised qualifying ratio is the	91256
fair market value of all the trust's assets immediately after the	91257
subsequent transfer, net of any related liabilities.	91258

(iii) Whether a transfer to the trust is by or from any of	91259
the sources enumerated in division (I)(3)(a) of this section shall	91260
be ascertained without regard to the domicile of the trust's	91261
beneficiaries.	91262

(e) For the purposes of division (I)(3)(a)(i) of this	91263
section:	91264

(i) A trust is described in division (I)(3)(e)(i) of this	91265
section if the trust is a testamentary trust and the testator of	91266
that testamentary trust was domiciled in this state at the time of	91267
the testator's death for purposes of the taxes levied under	91268
Chapter 5731. of the Revised Code.	91269

(ii) A trust is described in division (I)(3)(e)(ii) of this	91270
section if the transfer is a qualifying transfer described in any	91271
of divisions (I)(3)(f)(i) to (vi) of this section, the trust is an	91272
irrevocable inter vivos trust, and at least one of the trust's	91273
qualifying beneficiaries is domiciled in this state for purposes	91274
of this chapter during all or some portion of the trust's current	91275
taxable year.	91276

(f) For the purposes of division (I)(3)(e)(ii) of this	91277
section, a "qualifying transfer" is a transfer of assets, net of	91278
any related liabilities, directly or indirectly to a trust, if the	91279
transfer is described in any of the following:	91280

(i) The transfer is made to a trust, created by the decedent	91281
before the decedent's death and while the decedent was domiciled	91282
in this state for the purposes of this chapter, and, prior to the	91283
death of the decedent, the trust became irrevocable while the	91284
decedent was domiciled in this state for the purposes of this	91285
chapter.	91286

(ii) The transfer is made to a trust to which the decedent,	91287
prior to the decedent's death, had directly or indirectly	91288
transferred assets, net of any related liabilities, while the	91289
decedent was domiciled in this state for the purposes of this	91290
chapter, and prior to the death of the decedent the trust became	91291
irrevocable while the decedent was domiciled in this state for the	91292
purposes of this chapter.	91293

(iii) The transfer is made on account of a contractual	91294
relationship existing directly or indirectly between the	91295
transferor and either the decedent or the estate of the decedent	91296
at any time prior to the date of the decedent's death, and the	91297
decedent was domiciled in this state at the time of death for	91298
purposes of the taxes levied under Chapter 5731. of the Revised	91299
Code.	91300

(iv) The transfer is made to a trust on account of a	91301
contractual relationship existing directly or indirectly between	91302
the transferor and another person who at the time of the	91303
decedent's death was domiciled in this state for purposes of this	91304
chapter.	91305

(v) The transfer is made to a trust on account of the will of	91306
a testator who was domiciled in this state at the time of the	91307
testator's death for purposes of the taxes levied under Chapter	91308
5731. of the Revised Code.	91309

(vi) The transfer is made to a trust created by or caused to	91310
be created by a court, and the trust was directly or indirectly	91311
created in connection with or as a result of the death of an	91312
individual who, for purposes of the taxes levied under Chapter	91313
5731. of the Revised Code, was domiciled in this state at the time	91314
of the individual's death.	91315

(g) The tax commissioner may adopt rules to ascertain the	91316
part of a trust residing in this state.	91317

(J) "Nonresident" means an individual or estate that is not a	91318
resident. An individual who is a resident for only part of a	91319
taxable year is a nonresident for the remainder of that taxable	91320
year.	91321

(K) "Pass-through entity" has the same meaning as in section	91322
5733.04 of the Revised Code.	91323

(L) "Return" means the notifications and reports required to	91324
be filed pursuant to this chapter for the purpose of reporting the	91325
tax due and includes declarations of estimated tax when so	91326
required.	91327

(M) "Taxable year" means the calendar year or the taxpayer's	91328
fiscal year ending during the calendar year, or fractional part	91329
thereof, upon which the adjusted gross income is calculated	91330
pursuant to this chapter.	91331

(N) "Taxpayer" means any person subject to the tax imposed by	91332
section 5747.02 of the Revised Code or any pass-through entity	91333
that makes the election under division (D) of section 5747.08 of	91334
the Revised Code.	91335

(O) "Dependents" means dependents as defined in the Internal	91336
Revenue Code and as claimed in the taxpayer's federal income tax	91337
return for the taxable year or which the taxpayer would have been	91338
permitted to claim had the taxpayer filed a federal income tax	91339
return.	91340

(P) "Principal county of employment" means, in the case of a	91341
nonresident, the county within the state in which a taxpayer	91342
performs services for an employer or, if those services are	91343
performed in more than one county, the county in which the major	91344
portion of the services are performed.	91345

(Q) As used in sections 5747.50 to 5747.55 of the Revised	91346
Code:	91347

(1) "Subdivision" means any county, municipal corporation,	91348
park district, or township.	91349

(2) "Essential local government purposes" includes all	91350
functions that any subdivision is required by general law to	91351
exercise, including like functions that are exercised under a	91352
charter adopted pursuant to the Ohio Constitution.	91353

(R) "Overpayment" means any amount already paid that exceeds	91354
the figure determined to be the correct amount of the tax.	91355

(S) "Taxable income" or "Ohio taxable income" applies only to	91356
estates and trusts, and means federal taxable income, as defined	91357
and used in the Internal Revenue Code, adjusted as follows:	91358

(1) Add interest or dividends, net of ordinary, necessary,	91359
and reasonable expenses not deducted in computing federal taxable	91360
income, on obligations or securities of any state or of any	91361
political subdivision or authority of any state, other than this	91362
state and its subdivisions and authorities, but only to the extent	91363
that such net amount is not otherwise includible in Ohio taxable	91364
income and is described in either division (S)(1)(a) or (b) of	91365
this section:	91366

(a) The net amount is not attributable to the S portion of an	91367
electing small business trust and has not been distributed to	91368
beneficiaries for the taxable year;	91369

(b) The net amount is attributable to the S portion of an	91370
electing small business trust for the taxable year.	91371

(2) Add interest or dividends, net of ordinary, necessary,	91372
and reasonable expenses not deducted in computing federal taxable	91373
income, on obligations of any authority, commission,	91374
instrumentality, territory, or possession of the United States to	91375
the extent that the interest or dividends are exempt from federal	91376
income taxes but not from state income taxes, but only to the	91377
extent that such net amount is not otherwise includible in Ohio	91378
taxable income and is described in either division (S)(1)(a) or	91379
(b) of this section;	91380

(3) Add the amount of personal exemption allowed to the	91381
estate pursuant to section 642(b) of the Internal Revenue Code;	91382

(4) Deduct interest or dividends, net of related expenses	91383
deducted in computing federal taxable income, on obligations of	91384
the United States and its territories and possessions or of any	91385
authority, commission, or instrumentality of the United States to	91386
the extent that the interest or dividends are exempt from state	91387
taxes under the laws of the United States, but only to the extent	91388
that such amount is included in federal taxable income and is	91389
described in either division (S)(1)(a) or (b) of this section;	91390

(5) Deduct the amount of wages and salaries, if any, not	91391
otherwise allowable as a deduction but that would have been	91392
allowable as a deduction in computing federal taxable income for	91393
the taxable year, had the targeted jobs credit allowed under	91394
sections 38, 51, and 52 of the Internal Revenue Code not been in	91395
effect, but only to the extent such amount relates either to	91396
income included in federal taxable income for the taxable year or	91397
to income of the S portion of an electing small business trust for	91398
the taxable year;	91399

(6) Deduct any interest or interest equivalent, net of	91400
related expenses deducted in computing federal taxable income, on	91401
public obligations and purchase obligations, but only to the	91402
extent that such net amount relates either to income included in	91403
federal taxable income for the taxable year or to income of the S	91404
portion of an electing small business trust for the taxable year;	91405

(7) Add any loss or deduct any gain resulting from sale,	91406
exchange, or other disposition of public obligations to the extent	91407
that such loss has been deducted or such gain has been included in	91408
computing either federal taxable income or income of the S portion	91409
of an electing small business trust for the taxable year;	91410

(8) Except in the case of the final return of an estate, add	91411
any amount deducted by the taxpayer on both its Ohio estate tax	91412
return pursuant to section 5731.14 of the Revised Code, and on its	91413
federal income tax return in determining federal taxable income;	91414

(9)(a) Deduct any amount included in federal taxable income	91415
solely because the amount represents a reimbursement or refund of	91416
expenses that in a previous year the decedent had deducted as an	91417
itemized deduction pursuant to section 63 of the Internal Revenue	91418
Code and applicable treasury regulations. The deduction otherwise	91419
allowed under division (S)(9)(a) of this section shall be reduced	91420
to the extent the reimbursement is attributable to an amount the	91421
taxpayer or decedent deducted under this section in any taxable	91422
year.	91423

(b) Add any amount not otherwise included in Ohio taxable	91424
income for any taxable year to the extent that the amount is	91425
attributable to the recovery during the taxable year of any amount	91426
deducted or excluded in computing federal or Ohio taxable income	91427
in any taxable year, but only to the extent such amount has not	91428
been distributed to beneficiaries for the taxable year.	91429

(10) Deduct any portion of the deduction described in section	91430
1341(a)(2) of the Internal Revenue Code, for repaying previously	91431
reported income received under a claim of right, that meets both	91432
of the following requirements:	91433

(a) It is allowable for repayment of an item that was	91434
included in the taxpayer's taxable income or the decedent's	91435
adjusted gross income for a prior taxable year and did not qualify	91436
for a credit under division (A) or (B) of section 5747.05 of the	91437
Revised Code for that year.	91438

(b) It does not otherwise reduce the taxpayer's taxable	91439
income or the decedent's adjusted gross income for the current or	91440
any other taxable year.	91441

(11) Add any amount claimed as a credit under section	91442
5747.059 of the Revised Code to the extent that the amount	91443
satisfies either of the following:	91444

(a) The amount was deducted or excluded from the computation	91445
of the taxpayer's federal taxable income as required to be	91446
reported for the taxpayer's taxable year under the Internal	91447
Revenue Code;	91448

(b) The amount resulted in a reduction in the taxpayer's	91449
federal taxable income as required to be reported for any of the	91450
taxpayer's taxable years under the Internal Revenue Code.	91451

(12) Deduct any amount, net of related expenses deducted in	91452
computing federal taxable income, that a trust is required to	91453
report as farm income on its federal income tax return, but only	91454
if the assets of the trust include at least ten acres of land	91455
satisfying the definition of "land devoted exclusively to	91456
agricultural use" under section 5713.30 of the Revised Code,	91457
regardless of whether the land is valued for tax purposes as such	91458
land under sections 5713.30 to 5713.38 of the Revised Code. If the	91459
trust is a pass-through entity investor, section 5747.231 of the	91460
Revised Code applies in ascertaining if the trust is eligible to	91461
claim the deduction provided by division (S)(12) of this section	91462
in connection with the pass-through entity's farm income.	91463

Except for farm income attributable to the S portion of an	91464
electing small business trust, the deduction provided by division	91465
(S)(12) of this section is allowed only to the extent that the	91466
trust has not distributed such farm income. Division (S)(12) of	91467
this section applies only to taxable years of a trust beginning in	91468
2002 or thereafter.	91469

(13) Add the net amount of income described in section 641(c)	91470
of the Internal Revenue Code to the extent that amount is not	91471
included in federal taxable income.	91472

(14) Add or deduct the amount the taxpayer would be required	91473
to add or deduct under division (A)(20) or (21) of this section if	91474
the taxpayer's Ohio taxable income were computed in the same	91475
manner as an individual's Ohio adjusted gross income is computed	91476
under this section. In the case of a trust, division (S)(14) of	91477
this section applies only to any of the trust's taxable years	91478
beginning in 2002 or thereafter.	91479

(T) "School district income" and "school district income tax"	91480
have the same meanings as in section 5748.01 of the Revised Code.	91481

(U) As used in divisions (A)(8), (A)(9), (S)(6), and (S)(7)	91482
of this section, "public obligations," "purchase obligations," and	91483
"interest or interest equivalent" have the same meanings as in	91484
section 5709.76 of the Revised Code.	91485

(V) "Limited liability company" means any limited liability	91486
company formed under Chapter 1705. of the Revised Code or under	91487
the laws of any other state.	91488

(W) "Pass-through entity investor" means any person who,	91489
during any portion of a taxable year of a pass-through entity, is	91490
a partner, member, shareholder, or equity investor in that	91491
pass-through entity.	91492

(X) "Banking day" has the same meaning as in section 1304.01	91493
of the Revised Code.	91494

(Y) "Month" means a calendar month.

91495

(Z) "Quarter" means the first three months, the second three	91496
months, the third three months, or the last three months of the	91497
taxpayer's taxable year.	91498

(AA)(1) "Eligible institution" means a state university or	91499
state institution of higher education as defined in section	91500
3345.011 of the Revised Code, or a private, nonprofit college,	91501
university, or other post-secondary institution located in this	91502
state that possesses a certificate of authorization issued by the	91503
Ohio board of regents pursuant to Chapter 1713. of the Revised	91504
Code or a certificate of registration issued by the state board of	91505
career colleges and schools under Chapter 3332. of the Revised	91506
Code.	91507

(2) "Qualified tuition and fees" means tuition and fees	91508
imposed by an eligible institution as a condition of enrollment or	91509
attendance, not exceeding two thousand five hundred dollars in	91510
each of the individual's first two years of post-secondary	91511
education. If the individual is a part-time student, "qualified	91512
tuition and fees" includes tuition and fees paid for the academic	91513
equivalent of the first two years of post-secondary education	91514
during a maximum of five taxable years, not exceeding a total of	91515
five thousand dollars. "Qualified tuition and fees" does not	91516
include:	91517

(a) Expenses for any course or activity involving sports,	91518
games, or hobbies unless the course or activity is part of the	91519
individual's degree or diploma program;	91520

(b) The cost of books, room and board, student activity fees,	91521
athletic fees, insurance expenses, or other expenses unrelated to	91522
the individual's academic course of instruction;	91523

(c) Tuition, fees, or other expenses paid or reimbursed	91524
through an employer, scholarship, grant in aid, or other	91525
educational benefit program.	91526

(BB)(1) "Modified business income" means the business income	91527
included in a trust's Ohio taxable income after such taxable	91528
income is first reduced by the qualifying trust amount, if any.	91529

(2) "Qualifying trust amount" of a trust means capital gains	91530
and losses from the sale, exchange, or other disposition of equity	91531
or ownership interests in, or debt obligations of, a qualifying	91532
investee to the extent included in the trust's Ohio taxable	91533
income, but only if the following requirements are satisfied:	91534

(a) The book value of the qualifying investee's physical	91535
assets in this state and everywhere, as of the last day of the	91536
qualifying investee's fiscal or calendar year ending immediately	91537
prior to the date on which the trust recognizes the gain or loss,	91538
is available to the trust.	91539

(b) The requirements of section 5747.011 of the Revised Code	91540
are satisfied for the trust's taxable year in which the trust	91541
recognizes the gain or loss.	91542

Any gain or loss that is not a qualifying trust amount is	91543
modified business income, qualifying investment income, or	91544
modified nonbusiness income, as the case may be.	91545

(3) "Modified nonbusiness income" means a trust's Ohio	91546
taxable income other than modified business income, other than the	91547
qualifying trust amount, and other than qualifying investment	91548
income, as defined in section 5747.012 of the Revised Code, to the	91549
extent such qualifying investment income is not otherwise part of	91550
modified business income.	91551

(4) "Modified Ohio taxable income" applies only to trusts,	91552
and means the sum of the amounts described in divisions (BB)(4)(a)	91553
to (c) of this section:	91554

(a) The fraction, calculated under section 5747.013, and	91555
applying section 5747.231 of the Revised Code, multiplied by the	91556
sum of the following amounts:	91557

(i) The trust's modified business income;

91558

(ii) The trust's qualifying investment income, as defined in	91559
section 5747.012 of the Revised Code, but only to the extent the	91560
qualifying investment income does not otherwise constitute	91561
modified business income and does not otherwise constitute a	91562
qualifying trust amount.	91563

(b) The qualifying trust amount multiplied by a fraction, the	91564
numerator of which is the sum of the book value of the qualifying	91565
investee's physical assets in this state on the last day of the	91566
qualifying investee's fiscal or calendar year ending immediately	91567
prior to the day on which the trust recognizes the qualifying	91568
trust amount, and the denominator of which is the sum of the book	91569
value of the qualifying investee's total physical assets	91570
everywhere on the last day of the qualifying investee's fiscal or	91571
calendar year ending immediately prior to the day on which the	91572
trust recognizes the qualifying trust amount. If, for a taxable	91573
year, the trust recognizes a qualifying trust amount with respect	91574
to more than one qualifying investee, the amount described in	91575
division (BB)(4)(b) of this section shall equal the sum of the	91576
products so computed for each such qualifying investee.	91577

(c)(i) With respect to a trust or portion of a trust that is	91578
a resident as ascertained in accordance with division (I)(3)(d) of	91579
this section, its modified nonbusiness income.	91580

(ii) With respect to a trust or portion of a trust that is	91581
not a resident as ascertained in accordance with division	91582
(I)(3)(d) of this section, the amount of its modified nonbusiness	91583
income satisfying the descriptions in divisions (B)(2) to (5) of	91584
section 5747.20 of the Revised Code, except as otherwise provided	91585
in division (BB)(4)(c)(ii) of this section. With respect to a	91586
trust or portion of a trust that is not a resident as ascertained	91587
in accordance with division (I)(3)(d) of this section, the trust's	91588
portion of modified nonbusiness income recognized from the sale,	91589
exchange, or other disposition of a debt interest in or equity	91590
interest in a section 5747.212 entity, as defined in section	91591
5747.212 of the Revised Code, without regard to division (A) of	91592
that section, shall not be allocated to this state in accordance	91593
with section 5747.20 of the Revised Code but shall be apportioned	91594
to this state in accordance with division (B) of section 5747.212	91595
of the Revised Code without regard to division (A) of that	91596
section.	91597

If the allocation and apportionment of a trust's income under	91598
divisions (BB)(4)(a) and (c) of this section do not fairly	91599
represent the modified Ohio taxable income of the trust in this	91600
state, the alternative methods described in division (C) of	91601
section 5747.21 of the Revised Code may be applied in the manner	91602
and to the same extent provided in that section.	91603

(5)(a) Except as set forth in division (BB)(5)(b) of this	91604
section, "qualifying investee" means a person in which a trust has	91605
an equity or ownership interest, or a person or unit of government	91606
the debt obligations of either of which are owned by a trust. For	91607
the purposes of division (BB)(2)(a) of this section and for the	91608
purpose of computing the fraction described in division (BB)(4)(b)	91609
of this section, all of the following apply:	91610

(i) If the qualifying investee is a member of a qualifying	91611
controlled group on the last day of the qualifying investee's	91612
fiscal or calendar year ending immediately prior to the date on	91613
which the trust recognizes the gain or loss, then "qualifying	91614
investee" includes all persons in the qualifying controlled group	91615
on such last day.	91616

(ii) If the qualifying investee, or if the qualifying	91617
investee and any members of the qualifying controlled group of	91618
which the qualifying investee is a member on the last day of the	91619
qualifying investee's fiscal or calendar year ending immediately	91620
prior to the date on which the trust recognizes the gain or loss,	91621
separately or cumulatively own, directly or indirectly, on the	91622
last day of the qualifying investee's fiscal or calendar year	91623
ending immediately prior to the date on which the trust recognizes	91624
the qualifying trust amount, more than fifty per cent of the	91625
equity of a pass-through entity, then the qualifying investee and	91626
the other members are deemed to own the proportionate share of the	91627
pass-through entity's physical assets which the pass-through	91628
entity directly or indirectly owns on the last day of the	91629
pass-through entity's calendar or fiscal year ending within or	91630
with the last day of the qualifying investee's fiscal or calendar	91631
year ending immediately prior to the date on which the trust	91632
recognizes the qualifying trust amount.	91633

(iii) For the purposes of division (BB)(5)(a)(iii) of this	91634
section, "upper level pass-through entity" means a pass-through	91635
entity directly or indirectly owning any equity of another	91636
pass-through entity, and "lower level pass-through entity" means	91637
that other pass-through entity.	91638

An upper level pass-through entity, whether or not it is also	91639
a qualifying investee, is deemed to own, on the last day of the	91640
upper level pass-through entity's calendar or fiscal year, the	91641
proportionate share of the lower level pass-through entity's	91642
physical assets that the lower level pass-through entity directly	91643
or indirectly owns on the last day of the lower level pass-through	91644
entity's calendar or fiscal year ending within or with the last	91645
day of the upper level pass-through entity's fiscal or calendar	91646
year. If the upper level pass-through entity directly and	91647
indirectly owns less than fifty per cent of the equity of the	91648
lower level pass-through entity on each day of the upper level	91649
pass-through entity's calendar or fiscal year in which or with	91650
which ends the calendar or fiscal year of the lower level	91651
pass-through entity and if, based upon clear and convincing	91652
evidence, complete information about the location and cost of the	91653
physical assets of the lower pass-through entity is not available	91654
to the upper level pass-through entity, then solely for purposes	91655
of ascertaining if a gain or loss constitutes a qualifying trust	91656
amount, the upper level pass-through entity shall be deemed as	91657
owning no equity of the lower level pass-through entity for each	91658
day during the upper level pass-through entity's calendar or	91659
fiscal year in which or with which ends the lower level	91660
pass-through entity's calendar or fiscal year. Nothing in division	91661
(BB)(5)(a)(iii) of this section shall be construed to provide for	91662
any deduction or exclusion in computing any trust's Ohio taxable	91663
income.	91664

(b) With respect to a trust that is not a resident for the	91665
taxable year and with respect to a part of a trust that is not a	91666
resident for the taxable year, "qualifying investee" for that	91667
taxable year does not include a C corporation if both of the	91668
following apply:	91669

(i) During the taxable year the trust or part of the trust	91670
recognizes a gain or loss from the sale, exchange, or other	91671
disposition of equity or ownership interests in, or debt	91672
obligations of, the C corporation.	91673

(ii) Such gain or loss constitutes nonbusiness income.

91674

(6) "Available" means information is such that a person is	91675
able to learn of the information by the due date plus extensions,	91676
if any, for filing the return for the taxable year in which the	91677
trust recognizes the gain or loss.	91678

(CC) "Qualifying controlled group" has the same meaning as in	91679
section 5733.04 of the Revised Code.	91680

(DD) "Related member" has the same meaning as in section	91681
5733.042 of the Revised Code.	91682

(EE)(1) For the purposes of division (EE) of this section:

91683

(a) "Qualifying person" means any person other than a	91684
qualifying corporation.	91685

(b) "Qualifying corporation" means any person classified for	91686
federal income tax purposes as an association taxable as a	91687
corporation, except either of the following:	91688

(i) A corporation that has made an election under subchapter	91689
S, chapter one, subtitle A, of the Internal Revenue Code for its	91690
taxable year ending within, or on the last day of, the investor's	91691
taxable year;	91692

(ii) A subsidiary that is wholly owned by any corporation	91693
that has made an election under subchapter S, chapter one,	91694
subtitle A of the Internal Revenue Code for its taxable year	91695
ending within, or on the last day of, the investor's taxable year.	91696

(2) For the purposes of this chapter, unless expressly stated	91697
otherwise, no qualifying person indirectly owns any asset directly	91698
or indirectly owned by any qualifying corporation.	91699

(FF) For purposes of this chapter and Chapter 5751. of the	91700
Revised Code:	91701

(1) "Trust" does not include a qualified pre-income tax	91702
trust.	91703

(2) A "qualified pre-income tax trust" is any pre-income tax	91704
trust that makes a qualifying pre-income tax trust election as	91705
described in division (FF)(3) of this section.	91706

(3) A "qualifying pre-income tax trust election" is an	91707
election by a pre-income tax trust to subject to the tax imposed	91708
by section 5751.02 of the Revised Code the pre-income tax trust	91709
and all pass-through entities of which the trust owns or controls,	91710
directly, indirectly, or constructively through related interests,	91711
five per cent or more of the ownership or equity interests. The	91712
trustee shall notify the tax commissioner in writing of the	91713
election on or before April 15, 2006. The election, if timely	91714
made, shall be effective on and after January 1, 2006, and shall	91715
apply for all tax periods and tax years until revoked by the	91716
trustee of the trust.	91717

(4) A "pre-income tax trust" is a trust that satisfies all of	91718
the following requirements:	91719

(a) The document or instrument creating the trust was	91720
executed by the grantor before January 1, 1972;	91721

(b) The trust became irrevocable upon the creation of the	91722
trust; and	91723

(c) The grantor was domiciled in this state at the time the	91724
trust was created.	91725

Sec. 5747.058. (A) A refundable income tax credit granted by	91726
the tax credit authority under section 122.17 or division (B)(2)	91727
or (3) of section 122.171 of the Revised Code may be claimed under	91728
this chapter, in the order required under section 5747.98 of the	91729
Revised Code. For purposes of making tax payments under this	91730
chapter, taxes equal to the amount of the refundable credit shall	91731
be considered to be paid to this state on the first day of the	91732
taxable year. The refundable credit shall not be claimed for any	91733
taxable years ending with or following the calendar year in which	91734
a relocation of employment positions occurs in violation of an	91735
agreement entered into under section 122.171 of the Revised Code.	91736

(B) A nonrefundable income tax credit granted by the tax	91737
credit authority under division (B)(1) of section 122.171 of the	91738
Revised Code may be claimed under this chapter, in the order	91739
required under section 5747.98 of the Revised Code.	91740

Sec. 5747.113. (A) Any taxpayer claiming a refund under	91741
section 5747.11 of the Revised Code ~~for taxable years ending on or~~	91742
~~after October 14, 1983,~~ who wishes to contribute any part of the	91743
taxpayer's refund to the natural areas and preserves and state	91744
parks fund created in section ~~1517.11~~1541.62 of the Revised Code,	91745
the nongame and endangered wildlife fund created in section	91746
1531.26 of the Revised Code, the military injury relief fund	91747
created in section 5101.98 of the Revised Code, the Ohio	91748
historical society income tax contribution fund created in section	91749
149.308 of the Revised Code, or all of those funds, may designate	91750
on the taxpayer's income tax return the amount that the taxpayer	91751
wishes to contribute to the fund or funds. A designated	91752
contribution is irrevocable upon the filing of the return and	91753
shall be made in the full amount designated if the refund found	91754
due the taxpayer upon the initial processing of the taxpayer's	91755
return, after any deductions including those required by section	91756
5747.12 of the Revised Code, is greater than or equal to the	91757
designated contribution. If the refund due as initially determined	91758
is less than the designated contribution, the contribution shall	91759
be made in the full amount of the refund. The tax commissioner	91760
shall subtract the amount of the contribution from the amount of	91761
the refund initially found due the taxpayer and shall certify the	91762
difference to the director of budget and management and treasurer	91763
of state for payment to the taxpayer in accordance with section	91764
5747.11 of the Revised Code. For the purpose of any subsequent	91765
determination of the taxpayer's net tax payment, the contribution	91766
shall be considered a part of the refund paid to the taxpayer.	91767

(B) The tax commissioner shall provide a space on the income	91768
tax return form in which a taxpayer may indicate that the taxpayer	91769
wishes to make a donation in accordance with this section. The tax	91770
commissioner shall also print in the instructions accompanying the	91771
income tax return form a description of the purposes for which the	91772
natural areas and preserves and state parks fund, the nongame and	91773
endangered wildlife fund, ~~and~~ the military injury relief fund, and	91774
the Ohio historical society income tax contribution fund were	91775
created and the use of moneys from the income tax refund	91776
contribution system established in this section. No person shall	91777
designate on the person's income tax return any part of a refund	91778
claimed under section 5747.11 of the Revised Code as a	91779
contribution to any fund other than the natural areas and	91780
preserves and state parks fund, the nongame and endangered	91781
wildlife fund, the military injury relief fund, or ~~all of those~~	91782
~~funds~~the Ohio historical society income tax contribution fund.	91783

(C) The money collected under the income tax refund	91784
contribution system established in this section shall be deposited	91785
by the tax commissioner into the natural areas and preserves and	91786
state parks fund, the nongame and endangered wildlife fund, ~~and~~	91787
the military injury relief fund, and the Ohio historical society	91788
income tax contribution fund in the amounts designated on the tax	91789
returns.	91790

(D) No later than the thirtieth day of September each year,	91791
the tax commissioner shall determine the total amount contributed	91792
to each fund under this section during the preceding eight months,	91793
any adjustments to prior months, and the cost to the department of	91794
taxation of administering the income tax refund contribution	91795
system during that eight-month period. The commissioner shall make	91796
an additional determination no later than the thirty-first day of	91797
January of each year of the total amount contributed to each fund	91798
under this section during the preceding four calendar months, any	91799
adjustments to prior years made during that four-month period, and	91800
the cost to the department of taxation of administering the income	91801
tax contribution system during that period. The cost of	91802
administering the income tax contribution system shall be	91803
certified by the tax commissioner to the director of budget and	91804
management, who shall transfer an amount equal to ~~one-third~~	91805
one-fourth of such administrative costs from the natural areas and	91806
preserves and state parks fund, ~~one-third~~one-fourth of such costs	91807
from the nongame and endangered wildlife fund, ~~and one-third~~	91808
one-fourth of such costs from the military injury relief fund, and	91809
one-fourth of such costs from the Ohio historical society income	91810
tax contribution fund to the litter control and natural resource	91811
tax administration fund, which is hereby created, provided that	91812
the moneys that the department receives to pay the cost of	91813
administering the income tax refund contribution system in any	91814
year shall not exceed two and one-half per cent of the total	91815
amount contributed under that system during that year.	91816

(E)(1) The director of natural resources, in January of every	91817
odd-numbered year, shall report to the general assembly on the	91818
effectiveness of the income tax refund contribution system as it	91819
pertains to the natural areas and preserves and state parks fund	91820
and the nongame and endangered wildlife fund. The report shall	91821
include the amount of money contributed to each fund in each of	91822
the previous five years, the amount of money contributed directly	91823
to each fund in addition to or independently of the income tax	91824
refund contribution system in each of the previous five years, and	91825
the purposes for which the money was expended.	91826

(2) The director of job and family services and the director	91827
of the Ohio historical society, in January of every odd-numbered	91828
year, each shall report to the general assembly on the	91829
effectiveness of the income tax refund contribution system as it	91830
pertains to the military injury relief fund and the Ohio	91831
historical society income tax contribution fund, respectively. The	91832
report shall include the amount of money contributed to the fund	91833
in each of the previous five years, the amount of money	91834
contributed directly to the fund in addition to or independently	91835
of the income tax refund contribution system in each of the	91836
previous five years, and the purposes for which the money was	91837
expended.	91838

Sec. 5747.46. As used in sections 5747.46 and 5747.47 of the	91839
Revised Code:	91840

(A) "Year's fund balance" means the amount credited to the	91841
public library fund during a calendar year.	91842

(B) "Distribution year" means the calendar year during which	91843
a year's fund balance is distributed under section 5747.47 of the	91844
Revised Code.	91845

(C) "CPI" means the consumer price index for all urban	91846
consumers (United States city average, all items), prepared by the	91847
United States department of labor, bureau of labor statistics.	91848

(D) "Inflation factor" means the quotient obtained by	91849
dividing the CPI for May of the year preceding the distribution	91850
year by the CPI for May of the second preceding year. If the	91851
quotient so obtained is less than one, the inflation factor shall	91852
equal one.	91853

(E) "Population" means whichever of the following has most	91854
recently been issued, as of the first day of June preceding the	91855
distribution year:	91856

(1) The most recent decennial census figures that include	91857
population figures for each county in the state;	91858

(2) The most current issue of "Current Population Reports:	91859
Local Population Estimates" issued by the United States bureau of	91860
the census that contains population estimates for each county in	91861
the state and the state.	91862

(F) "County's equalization ratio for a distribution year"	91863
means a percentage computed for that county as follows:	91864

(1) Square the per cent that the county's population is of	91865
the state's population;	91866

(2) Divide the product so obtained by the per cent that the	91867
county's total entitlement for the preceding year is of all	91868
counties' total entitlements for the preceding year;	91869

(3) Divide the quotient so obtained by the sum of the	91870
quotients so obtained for all counties.	91871

(G) "Total entitlement" means, with respect to a distribution	91872
year, the sum of a county's guaranteed share plus its share of the	91873
excess. For the 2012 distribution year, "total entitlement" equals	91874
the sum of payments made to a county public library fund during	91875
that year.	91876

(1) "Guaranteed share" means, for a distribution year, the	91877
product obtained by multiplying a county's total entitlement for	91878
the preceding distribution year by the ~~inflaction~~inflation	91879
factor. If the sum of the guaranteed shares for all counties	91880
exceeds the year's fund balance, the guaranteed shares of all	91881
counties shall be reduced by a percentage that will result in the	91882
sum of such guaranteed shares being equal to the year's fund	91883
balance.	91884

(2) "Share of excess" means, for a distribution year, the	91885
product obtained by multiplying a county's equalization ratio by	91886
the difference between the year's fund balance and the sum of the	91887
guaranteed shares for all counties. If the sum of the guaranteed	91888
shares for all counties exceeds the year's fund balance the share	91889
of the excess for all counties is zero.	91890

(H) "Net distribution" means the sum of the payments made to	91891
a county's public library fund during a distribution year,	91892
adjusted as follows:	91893

(1) If the county received an overpayment during the	91894
preceding distribution year, add the amount of the overpayment;	91895

(2) If the county received an underpayment during the	91896
preceding distribution year, deduct the amount of the	91897
underpayment.	91898

(I) "Overpayment" or "underpayment" for a distribution year	91899
means the amount by which the net distribution to a county's	91900
public library fund during that distribution year exceeded or was	91901
less than the county's total entitlement for that year.	91902

All computations made under this section shall be rounded to	91903
the nearest one-hundredth of one per cent.	91904

Sec. 5747.51. (A) On or before the twenty-fifth day of July	91905
of each year, the tax commissioner shall make and certify to the	91906
county auditor of each county an estimate of the amount of the	91907
local government fund to be allocated to the undivided local	91908
government fund of each county for the ensuing calendar year ~~and~~	91909
~~the estimated amount to be received by the undivided local~~	91910
~~government fund of each county from the taxes levied pursuant to~~	91911
~~section 5707.03 of the Revised Code for the ensuing calendar year~~.	91912

(B) At each annual regular session of the county budget	91913
commission convened pursuant to section 5705.27 of the Revised	91914
Code, each auditor shall present to the commission the certificate	91915
of the commissioner, the annual tax budget and estimates, and the	91916
records showing the action of the commission in its last preceding	91917
regular session. ~~The estimates shown on the certificate of the~~	91918
~~commissioner of the amount to be allocated from the local~~	91919
~~government fund and the amount to be received from taxes levied~~	91920
~~pursuant to section 5707.03 of the Revised Code shall be combined~~	91921
~~into one total comprising the estimate of the undivided local~~	91922
~~government fund of the county.~~ The commission, after extending to	91923
the representatives of each subdivision an opportunity to be	91924
heard, under oath administered by any member of the commission,	91925
and considering all the facts and information presented to it by	91926
the auditor, shall determine the amount of the undivided local	91927
government fund needed by and to be apportioned to each	91928
subdivision for current operating expenses, as shown in the tax	91929
budget of the subdivision. This determination shall be made	91930
pursuant to divisions (C) to (I) of this section, unless the	91931
commission has provided for a formula pursuant to section 5747.53	91932
of the Revised Code.	91933

Nothing in this section prevents the budget commission, for	91934
the purpose of apportioning the undivided local government fund,	91935
from inquiring into the claimed needs of any subdivision as stated	91936
in its tax budget, or from adjusting claimed needs to reflect	91937
actual needs. For the purposes of this section, "current operating	91938
expenses" means the lawful expenditures of a subdivision, except	91939
those for permanent improvements and except payments for interest,	91940
sinking fund, and retirement of bonds, notes, and certificates of	91941
indebtedness of the subdivision.	91942

(C) The commission shall determine the combined total of the	91943
estimated expenditures, including transfers, from the general fund	91944
and any special funds other than special funds established for	91945
road and bridge; street construction, maintenance, and repair;	91946
state highway improvement; and gas, water, sewer, and electric	91947
public utilities operated by a subdivision, as shown in the	91948
subdivision's tax budget for the ensuing calendar year.	91949

(D) From the combined total of expenditures calculated	91950
pursuant to division (C) of this section, the commission shall	91951
deduct the following expenditures, if included in these funds in	91952
the tax budget:	91953

(1) Expenditures for permanent improvements as defined in	91954
division (E) of section 5705.01 of the Revised Code;	91955

(2) In the case of counties and townships, transfers to the	91956
road and bridge fund, and in the case of municipalities, transfers	91957
to the street construction, maintenance, and repair fund and the	91958
state highway improvement fund;	91959

(3) Expenditures for the payment of debt charges;

91960

(4) Expenditures for the payment of judgments.

91961

(E) In addition to the deductions made pursuant to division	91962
(D) of this section, revenues accruing to the general fund and any	91963
special fund considered under division (C) of this section from	91964
the following sources shall be deducted from the combined total of	91965
expenditures calculated pursuant to division (C) of this section:	91966

(1) Taxes levied within the ten-mill limitation, as defined	91967
in section 5705.02 of the Revised Code;	91968

(2) The budget commission allocation of estimated county	91969
public library fund revenues to be distributed pursuant to section	91970
5747.48 of the Revised Code;	91971

(3) Estimated unencumbered balances as shown on the tax	91972
budget as of the thirty-first day of December of the current year	91973
in the general fund, but not any estimated balance in any special	91974
fund considered in division (C) of this section;	91975

(4) Revenue, including transfers, shown in the general fund	91976
and any special funds other than special funds established for	91977
road and bridge; street construction, maintenance, and repair;	91978
state highway improvement; and gas, water, sewer, and electric	91979
public utilities, from all other sources except those that a	91980
subdivision receives from an additional tax or service charge	91981
voted by its electorate or receives from special assessment or	91982
revenue bond collection. For the purposes of this division, where	91983
the charter of a municipal corporation prohibits the levy of an	91984
income tax, an income tax levied by the legislative authority of	91985
such municipal corporation pursuant to an amendment of the charter	91986
of that municipal corporation to authorize such a levy represents	91987
an additional tax voted by the electorate of that municipal	91988
corporation. For the purposes of this division, any measure	91989
adopted by a board of county commissioners pursuant to section	91990
322.02, 324.02, 4504.02, or 5739.021 of the Revised Code,	91991
including those measures upheld by the electorate in a referendum	91992
conducted pursuant to section 322.021, 324.021, 4504.021, or	91993
5739.022 of the Revised Code, shall not be considered an	91994
additional tax voted by the electorate.	91995

Subject to division (G) of section 5705.29 of the Revised	91996
Code, money in a reserve balance account established by a county,	91997
township, or municipal corporation under section 5705.13 of the	91998
Revised Code shall not be considered an unencumbered balance or	91999
revenue under division (E)(3) or (4) of this section. Money in a	92000
reserve balance account established by a township under section	92001
5705.132 of the Revised Code shall not be considered an	92002
unencumbered balance or revenue under division (E)(3) or (4) of	92003
this section.	92004

If a county, township, or municipal corporation has created	92005
and maintains a nonexpendable trust fund under section 5705.131 of	92006
the Revised Code, the principal of the fund, and any additions to	92007
the principal arising from sources other than the reinvestment of	92008
investment earnings arising from such a fund, shall not be	92009
considered an unencumbered balance or revenue under division	92010
(E)(3) or (4) of this section. Only investment earnings arising	92011
from investment of the principal or investment of such additions	92012
to principal may be considered an unencumbered balance or revenue	92013
under those divisions.	92014

(F) The total expenditures calculated pursuant to division	92015
(C) of this section, less the deductions authorized in divisions	92016
(D) and (E) of this section, shall be known as the "relative need"	92017
of the subdivision, for the purposes of this section.	92018

(G) The budget commission shall total the relative need of	92019
all participating subdivisions in the county, and shall compute a	92020
relative need factor by dividing the total estimate of the	92021
undivided local government fund by the total relative need of all	92022
participating subdivisions.	92023

(H) The relative need of each subdivision shall be multiplied	92024
by the relative need factor to determine the proportionate share	92025
of the subdivision in the undivided local government fund of the	92026
county; provided, that the maximum proportionate share of a county	92027
shall not exceed the following maximum percentages of the total	92028
estimate of the undivided local government fund governed by the	92029
relationship of the percentage of the population of the county	92030
that resides within municipal corporations within the county to	92031
the total population of the county as reported in the reports on	92032
population in Ohio by the department of development as of the	92033
twentieth day of July of the year in which the tax budget is filed	92034
with the budget commission:	92035

Percentage of municipal population within the county:	Percentage share of the county shall not exceed:	92036
		92037
Less than forty-one per cent	Sixty per cent	92038
Forty-one per cent or more but less than eighty-one per cent	Fifty per cent	92039
Eighty-one per cent or more	Thirty per cent	92040

Where the proportionate share of the county exceeds the	92041
limitations established in this division, the budget commission	92042
shall adjust the proportionate shares determined pursuant to this	92043
division so that the proportionate share of the county does not	92044
exceed these limitations, and it shall increase the proportionate	92045
shares of all other subdivisions on a pro rata basis. In counties	92046
having a population of less than one hundred thousand, not less	92047
than ten per cent shall be distributed to the townships therein.	92048

(I) The proportionate share of each subdivision in the	92049
undivided local government fund determined pursuant to division	92050
(H) of this section for any calendar year shall not be less than	92051
the product of the average of the percentages of the undivided	92052
local government fund of the county as apportioned to that	92053
subdivision for the calendar years 1968, 1969, and 1970,	92054
multiplied by the total amount of the undivided local government	92055
fund of the county apportioned pursuant to former section 5735.23	92056
of the Revised Code for the calendar year 1970. For the purposes	92057
of this division, the total apportioned amount for the calendar	92058
year 1970 shall be the amount actually allocated to the county in	92059
1970 from the state collected intangible tax as levied by section	92060
5707.03 of the Revised Code and distributed pursuant to section	92061
5725.24 of the Revised Code, plus the amount received by the	92062
county in the calendar year 1970 pursuant to division (B)(1) of	92063
former section 5739.21 of the Revised Code, and distributed	92064
pursuant to former section 5739.22 of the Revised Code. If the	92065
total amount of the undivided local government fund for any	92066
calendar year is less than the amount of the undivided local	92067
government fund apportioned pursuant to former section 5739.23 of	92068
the Revised Code for the calendar year 1970, the minimum amount	92069
guaranteed to each subdivision for that calendar year pursuant to	92070
this division shall be reduced on a basis proportionate to the	92071
amount by which the amount of the undivided local government fund	92072
for that calendar year is less than the amount of the undivided	92073
local government fund apportioned for the calendar year 1970.	92074

(J) On the basis of such apportionment, the county auditor	92075
shall compute the percentage share of each such subdivision in the	92076
undivided local government fund and shall at the same time certify	92077
to the tax commissioner the percentage share of the county as a	92078
subdivision. No payment shall be made from the undivided local	92079
government fund, except in accordance with such percentage shares.	92080

Within ten days after the budget commission has made its	92081
apportionment, whether conducted pursuant to section 5747.51 or	92082
5747.53 of the Revised Code, the auditor shall publish a list of	92083
the subdivisions and the amount each is to receive from the	92084
undivided local government fund and the percentage share of each	92085
subdivision, in a newspaper or newspapers of countywide	92086
circulation, and send a copy of such allocation to the tax	92087
commissioner.	92088

The county auditor shall also send by certified mail, return	92089
receipt requested, a copy of such allocation to the fiscal officer	92090
of each subdivision entitled to participate in the allocation of	92091
the undivided local government fund of the county. This copy shall	92092
constitute the official notice of the commission action referred	92093
to in section 5705.37 of the Revised Code.	92094

All money received into the treasury of a subdivision from	92095
the undivided local government fund in a county treasury shall be	92096
paid into the general fund and used for the current operating	92097
expenses of the subdivision.	92098

If a municipal corporation maintains a municipal university,	92099
such municipal university, when the board of trustees so requests	92100
the legislative authority of the municipal corporation, shall	92101
participate in the money apportioned to such municipal corporation	92102
from the total local government fund, however created and	92103
constituted, in such amount as requested by the board of trustees,	92104
provided such sum does not exceed nine per cent of the total	92105
amount paid to the municipal corporation.	92106

If any public official fails to maintain the records required	92107
by sections 5747.50 to 5747.55 of the Revised Code or by the rules	92108
issued by the tax commissioner, the auditor of state, or the	92109
treasurer of state pursuant to such sections, or fails to comply	92110
with any law relating to the enforcement of such sections, the	92111
local government fund money allocated to the county may be	92112
withheld until such time as the public official has complied with	92113
such sections or such law or the rules issued pursuant thereto.	92114

Sec. 5751.01. As used in this chapter:

92115

(A) "Person" means, but is not limited to, individuals,	92116
combinations of individuals of any form, receivers, assignees,	92117
trustees in bankruptcy, firms, companies, joint-stock companies,	92118
business trusts, estates, partnerships, limited liability	92119
partnerships, limited liability companies, associations, joint	92120
ventures, clubs, societies, for-profit corporations, S	92121
corporations, qualified subchapter S subsidiaries, qualified	92122
subchapter S trusts, trusts, entities that are disregarded for	92123
federal income tax purposes, and any other entities.	92124

(B) "Consolidated elected taxpayer" means a group of two or	92125
more persons treated as a single taxpayer for purposes of this	92126
chapter as the result of an election made under section 5751.011	92127
of the Revised Code.	92128

(C) "Combined taxpayer" means a group of two or more persons	92129
treated as a single taxpayer for purposes of this chapter under	92130
section 5751.012 of the Revised Code.	92131

(D) "Taxpayer" means any person, or any group of persons in	92132
the case of a consolidated elected taxpayer or combined taxpayer	92133
treated as one taxpayer, required to register or pay tax under	92134
this chapter. "Taxpayer" does not include excluded persons.	92135

(E) "Excluded person" means any of the following:

92136

(1) Any person with not more than one hundred fifty thousand	92137
dollars of taxable gross receipts during the calendar year.	92138
Division (E)(1) of this section does not apply to a person that is	92139
a member of a consolidated elected taxpayer;	92140

(2) A public utility that paid the excise tax imposed by	92141
section 5727.24 or 5727.30 of the Revised Code based on one or	92142
more measurement periods that include the entire tax period under	92143
this chapter, except that a public utility that is a combined	92144
company is a taxpayer with regard to the following gross receipts:	92145

(a) Taxable gross receipts directly attributed to a public	92146
utility activity, but not directly attributed to an activity that	92147
is subject to the excise tax imposed by section 5727.24 or 5727.30	92148
of the Revised Code;	92149

(b) Taxable gross receipts that cannot be directly attributed	92150
to any activity, multiplied by a fraction whose numerator is the	92151
taxable gross receipts described in division (E)(2)(a) of this	92152
section and whose denominator is the total taxable gross receipts	92153
that can be directly attributed to any activity;	92154

(c) Except for any differences resulting from the use of an	92155
accrual basis method of accounting for purposes of determining	92156
gross receipts under this chapter and the use of the cash basis	92157
method of accounting for purposes of determining gross receipts	92158
under section 5727.24 of the Revised Code, the gross receipts	92159
directly attributed to the activity of a natural gas company shall	92160
be determined in a manner consistent with division (D) of section	92161
5727.03 of the Revised Code.	92162

As used in division (E)(2) of this section, "combined	92163
company" and "public utility" have the same meanings as in section	92164
5727.01 of the Revised Code.	92165

(3) A financial institution, as defined in section 5725.01 of	92166
the Revised Code, that paid the corporation franchise tax charged	92167
by division (D) of section 5733.06 of the Revised Code based on	92168
one or more taxable years that include the entire tax period under	92169
this chapter;	92170

(4) A dealer in intangibles, as defined in section 5725.01 of	92171
the Revised Code, that paid the dealer in intangibles tax levied	92172
by division (D) of section 5707.03 of the Revised Code based on	92173
one or more measurement periods that include the entire tax period	92174
under this chapter;	92175

(5) A financial holding company as defined in the "Bank	92176
Holding Company Act," 12 U.S.C. 1841(p);	92177

(6) A bank holding company as defined in the "Bank Holding	92178
Company Act," 12 U.S.C. 1841(a);	92179

(7) A savings and loan holding company as defined in the	92180
"Home Owners Loan Act," 12 U.S.C. 1467a(a)(1)(D) that is engaging	92181
only in activities or investments permissible for a financial	92182
holding company under 12 U.S.C. 1843(k);	92183

(8) A person directly or indirectly owned by one or more	92184
financial institutions, financial holding companies, bank holding	92185
companies, or savings and loan holding companies described in	92186
division (E)(3), (5), (6), or (7) of this section that is engaged	92187
in activities permissible for a financial holding company under 12	92188
U.S.C. 1843(k), except that any such person held pursuant to	92189
merchant banking authority under 12 U.S.C. 1843(k)(4)(H) or 12	92190
U.S.C. 1843(k)(4)(I) is not an excluded person, or a person	92191
directly or indirectly owned by one or more insurance companies	92192
described in division (E)(9) of this section that is authorized to	92193
do the business of insurance in this state.	92194

For the purposes of division (E)(8) of this section, a person	92195
owns another person under the following circumstances:	92196

(a) In the case of corporations issuing capital stock, one	92197
corporation owns another corporation if it owns fifty per cent or	92198
more of the other corporation's capital stock with current voting	92199
rights;	92200

(b) In the case of a limited liability company, one person	92201
owns the company if that person's membership interest, as defined	92202
in section 1705.01 of the Revised Code, is fifty per cent or more	92203
of the combined membership interests of all persons owning such	92204
interests in the company;	92205

(c) In the case of a partnership, trust, or other	92206
unincorporated business organization other than a limited	92207
liability company, one person owns the organization if, under the	92208
articles of organization or other instrument governing the affairs	92209
of the organization, that person has a beneficial interest in the	92210
organization's profits, surpluses, losses, or distributions of	92211
fifty per cent or more of the combined beneficial interests of all	92212
persons having such an interest in the organization;	92213

(d) In the case of multiple ownership, the ownership	92214
interests of more than one person may be aggregated to meet the	92215
fifty per cent ownership tests in this division only when each	92216
such owner is described in division (E)(3), (5), (6), or (7) of	92217
this section and is engaged in activities permissible for a	92218
financial holding company under 12 U.S.C. 1843(k) or is a person	92219
directly or indirectly owned by one or more insurance companies	92220
described in division (E)(9) of this section that is authorized to	92221
do the business of insurance in this state.	92222

(9) A domestic insurance company or foreign insurance	92223
company, as defined in section 5725.01 of the Revised Code, that	92224
paid the insurance company premiums tax imposed by section 5725.18	92225
or Chapter 5729. of the Revised Code based on one or more	92226
measurement periods that include the entire tax period under this	92227
chapter;	92228

(10) A person that solely facilitates or services one or more	92229
securitizations or similar transactions for any person described	92230
in division (E)(3), (5), (6), (7), (8), or (9) of this section.	92231
For purposes of this division, "securitization" means transferring	92232
one or more assets to one or more persons and then issuing	92233
securities backed by the right to receive payment from the asset	92234
or assets so transferred.	92235

(11) Except as otherwise provided in this division, a	92236
pre-income tax trust as defined in division (FF)(4) of section	92237
5747.01 of the Revised Code and any pass-through entity of which	92238
such pre-income tax trust owns or controls, directly, indirectly,	92239
or constructively through related interests, more than five per	92240
cent of the ownership or equity interests. If the pre-income tax	92241
trust has made a qualifying pre-income tax trust election under	92242
division (FF)(3) of section 5747.01 of the Revised Code, then the	92243
trust and the pass-through entities of which it owns or controls,	92244
directly, indirectly, or constructively through related interests,	92245
more than five per cent of the ownership or equity interests,	92246
shall not be excluded persons for purposes of the tax imposed	92247
under section 5751.02 of the Revised Code.	92248

(12) Nonprofit organizations or the state and its agencies,	92249
instrumentalities, or political subdivisions.	92250

(F) Except as otherwise provided in divisions (F)(2), (3),	92251
and (4) of this section, "gross receipts" means the total amount	92252
realized by a person, without deduction for the cost of goods sold	92253
or other expenses incurred, that contributes to the production of	92254
gross income of the person, including the fair market value of any	92255
property and any services received, and any debt transferred or	92256
forgiven as consideration. In the case of a person that is a	92257
casino operator of casino facilities, as those terms are defined	92258
in section 3772.01 of the Revised Code, "gross receipts" for the	92259
purposes of this chapter only shall be determined without	92260
deduction for any winnings paid to wagerers.	92261

(1) The following are examples of gross receipts:

92262

(a) Amounts realized from the sale, exchange, or other	92263
disposition of the taxpayer's property to or with another;	92264

(b) Amounts realized from the taxpayer's performance of	92265
services for another;	92266

(c) Amounts realized from another's use or possession of the	92267
taxpayer's property or capital;	92268

(d) Any combination of the foregoing amounts.

92269

(2) "Gross receipts" excludes the following amounts:

92270

(a) Interest income except interest on credit sales;

92271

(b) Dividends and distributions from corporations, and	92272
distributive or proportionate shares of receipts and income from a	92273
pass-through entity as defined under section 5733.04 of the	92274
Revised Code;	92275

(c) Receipts from the sale, exchange, or other disposition of	92276
an asset described in section 1221 or 1231 of the Internal Revenue	92277
Code, without regard to the length of time the person held the	92278
asset. Notwithstanding section 1221 of the Internal Revenue Code,	92279
receipts from hedging transactions also are excluded to the extent	92280
the transactions are entered into primarily to protect a financial	92281
position, such as managing the risk of exposure to (i) foreign	92282
currency fluctuations that affect assets, liabilities, profits,	92283
losses, equity, or investments in foreign operations; (ii)	92284
interest rate fluctuations; or (iii) commodity price fluctuations.	92285
As used in division (F)(2)(c) of this section, "hedging	92286
transaction" has the same meaning as used in section 1221 of the	92287
Internal Revenue Code and also includes transactions accorded	92288
hedge accounting treatment under statement of financial accounting	92289
standards number 133 of the financial accounting standards board.	92290
For the purposes of division (F)(2)(c) of this section, the actual	92291
transfer of title of real or tangible personal property to another	92292
entity is not a hedging transaction.	92293

(d) Proceeds received attributable to the repayment,	92294
maturity, or redemption of the principal of a loan, bond, mutual	92295
fund, certificate of deposit, or marketable instrument;	92296

(e) The principal amount received under a repurchase	92297
agreement or on account of any transaction properly characterized	92298
as a loan to the person;	92299

(f) Contributions received by a trust, plan, or other	92300
arrangement, any of which is described in section 501(a) of the	92301
Internal Revenue Code, or to which Title 26, Subtitle A, Chapter	92302
1, Subchapter (D) of the Internal Revenue Code applies;	92303

(g) Compensation, whether current or deferred, and whether in	92304
cash or in kind, received or to be received by an employee, former	92305
employee, or the employee's legal successor for services rendered	92306
to or for an employer, including reimbursements received by or for	92307
an individual for medical or education expenses, health insurance	92308
premiums, or employee expenses, or on account of a dependent care	92309
spending account, legal services plan, any cafeteria plan	92310
described in section 125 of the Internal Revenue Code, or any	92311
similar employee reimbursement;	92312

(h) Proceeds received from the issuance of the taxpayer's own	92313
stock, options, warrants, puts, or calls, or from the sale of the	92314
taxpayer's treasury stock;	92315

(i) Proceeds received on the account of payments from	92316
insurance policies, except those proceeds received for the loss of	92317
business revenue;	92318

(j) Gifts or charitable contributions received; membership	92319
dues received by trade, professional, homeowners', or condominium	92320
associations; and payments received for educational courses,	92321
meetings, meals, or similar payments to a trade, professional, or	92322
other similar association; and fundraising receipts received by	92323
any person when any excess receipts are donated or used	92324
exclusively for charitable purposes;	92325

(k) Damages received as the result of litigation in excess of	92326
amounts that, if received without litigation, would be gross	92327
receipts;	92328

(l) Property, money, and other amounts received or acquired	92329
by an agent on behalf of another in excess of the agent's	92330
commission, fee, or other remuneration;	92331

(m) Tax refunds, other tax benefit recoveries, and	92332
reimbursements for the tax imposed under this chapter made by	92333
entities that are part of the same combined taxpayer or	92334
consolidated elected taxpayer group, and reimbursements made by	92335
entities that are not members of a combined taxpayer or	92336
consolidated elected taxpayer group that are required to be made	92337
for economic parity among multiple owners of an entity whose tax	92338
obligation under this chapter is required to be reported and paid	92339
entirely by one owner, pursuant to the requirements of sections	92340
5751.011 and 5751.012 of the Revised Code;	92341

(n) Pension reversions;

92342

(o) Contributions to capital;

92343

(p) Sales or use taxes collected as a vendor or an	92344
out-of-state seller on behalf of the taxing jurisdiction from a	92345
consumer or other taxes the taxpayer is required by law to collect	92346
directly from a purchaser and remit to a local, state, or federal	92347
tax authority;	92348

(q) In the case of receipts from the sale of cigarettes or	92349
tobacco products by a wholesale dealer, retail dealer,	92350
distributor, manufacturer, or seller, all as defined in section	92351
5743.01 of the Revised Code, an amount equal to the federal and	92352
state excise taxes paid by any person on or for such cigarettes or	92353
tobacco products under subtitle E of the Internal Revenue Code or	92354
Chapter 5743. of the Revised Code;	92355

(r) In the case of receipts from the sale of motor fuel by a	92356
licensed motor fuel dealer, licensed retail dealer, or licensed	92357
permissive motor fuel dealer, all as defined in section 5735.01 of	92358
the Revised Code, an amount equal to federal and state excise	92359
taxes paid by any person on such motor fuel under section 4081 of	92360
the Internal Revenue Code or Chapter 5735. of the Revised Code;	92361

(s) In the case of receipts from the sale of beer or	92362
intoxicating liquor, as defined in section 4301.01 of the Revised	92363
Code, by a person holding a permit issued under Chapter 4301. or	92364
4303. of the Revised Code, an amount equal to federal and state	92365
excise taxes paid by any person on or for such beer or	92366
intoxicating liquor under subtitle E of the Internal Revenue Code	92367
or Chapter 4301. or 4305. of the Revised Code;	92368

(t) Receipts realized by a new motor vehicle dealer or used	92369
motor vehicle dealer, as defined in section 4517.01 of the Revised	92370
Code, from the sale or other transfer of a motor vehicle, as	92371
defined in that section, to another motor vehicle dealer for the	92372
purpose of resale by the transferee motor vehicle dealer, but only	92373
if the sale or other transfer was based upon the transferee's need	92374
to meet a specific customer's preference for a motor vehicle;	92375

(u) Receipts from a financial institution described in	92376
division (E)(3) of this section for services provided to the	92377
financial institution in connection with the issuance, processing,	92378
servicing, and management of loans or credit accounts, if such	92379
financial institution and the recipient of such receipts have at	92380
least fifty per cent of their ownership interests owned or	92381
controlled, directly or constructively through related interests,	92382
by common owners;	92383

(v) Receipts realized from administering anti-neoplastic	92384
drugs and other cancer chemotherapy, biologicals, therapeutic	92385
agents, and supportive drugs in a physician's office to patients	92386
with cancer;	92387

(w) Funds received or used by a mortgage broker that is not a	92388
dealer in intangibles, other than fees or other consideration,	92389
pursuant to a table-funding mortgage loan or warehouse-lending	92390
mortgage loan. Terms used in division (F)(2)(w) of this section	92391
have the same meanings as in section 1322.01 of the Revised Code,	92392
except "mortgage broker" means a person assisting a buyer in	92393
obtaining a mortgage loan for a fee or other consideration paid by	92394
the buyer or a lender, or a person engaged in table-funding or	92395
warehouse-lending mortgage loans that are first lien mortgage	92396
loans.	92397

(x) Property, money, and other amounts received by a	92398
professional employer organization, as defined in section 4125.01	92399
of the Revised Code, from a client employer, as defined in that	92400
section, in excess of the administrative fee charged by the	92401
professional employer organization to the client employer;	92402

(y) In the case of amounts retained as commissions by a	92403
permit holder under Chapter 3769. of the Revised Code, an amount	92404
equal to the amounts specified under that chapter that must be	92405
paid to or collected by the tax commissioner as a tax and the	92406
amounts specified under that chapter to be used as purse money;	92407

(z) Qualifying distribution center receipts.

92408

(i) For purposes of division (F)(2)(z) of this section:

92409

(I) "Qualifying distribution center receipts" means receipts	92410
of a supplier from qualified property that is delivered to a	92411
qualified distribution center, multiplied by a quantity that	92412
equals one minus the Ohio delivery percentage.	92413

(II) "Qualified property" means tangible personal property	92414
delivered to a qualified distribution center that is shipped to	92415
that qualified distribution center solely for further shipping by	92416
the qualified distribution center to another location in this	92417
state or elsewhere. "Further shipping" includes storing and	92418
repackaging such property into smaller or larger bundles, so long	92419
as such property is not subject to further manufacturing or	92420
processing.	92421

(III) "Qualified distribution center" means a warehouse or	92422
other similar facility in this state that, for the qualifying	92423
year, is operated by a person that is not part of a combined	92424
taxpayer group and that has a qualifying certificate. However, all	92425
warehouses or other similar facilities that are operated by	92426
persons in the same taxpayer group and that are located within one	92427
mile of each other shall be treated as one qualified distribution	92428
center.	92429

(IV) "Qualifying year" means the calendar year to which the	92430
qualifying certificate applies.	92431

(V) "Qualifying period" means the period of the first day of	92432
July of the second year preceding the qualifying year through the	92433
thirtieth day of June of the year preceding the qualifying year.	92434

(VI) "Qualifying certificate" means the certificate issued by	92435
the tax commissioner after the operator of a distribution center	92436
files an annual application with the commissioner. The application	92437
and annual fee shall be filed and paid for each qualified	92438
distribution center on or before the first day of September before	92439
the qualifying year or within forty-five days after the	92440
distribution center opens, whichever is later.	92441

The applicant must substantiate to the commissioner's	92442
satisfaction that, for the qualifying period, all persons	92443
operating the distribution center have more than fifty per cent of	92444
the cost of the qualified property shipped to a location such that	92445
it would be sitused outside this state under the provisions of	92446
division (E) of section 5751.033 of the Revised Code. The	92447
applicant must also substantiate that the distribution center	92448
cumulatively had costs from its suppliers equal to or exceeding	92449
five hundred million dollars during the qualifying period. (For	92450
purposes of division (F)(2)(z)(i)(VI) of this section, "supplier"	92451
excludes any person that is part of the consolidated elected	92452
taxpayer group, if applicable, of the operator of the qualified	92453
distribution center.) The commissioner may require the applicant	92454
to have an independent certified public accountant certify that	92455
the calculation of the minimum thresholds required for a qualified	92456
distribution center by the operator of a distribution center has	92457
been made in accordance with generally accepted accounting	92458
principles. The commissioner shall issue or deny the issuance of a	92459
certificate within sixty days after the receipt of the	92460
application. A denial is subject to appeal under section 5717.02	92461
of the Revised Code. If the operator files a timely appeal under	92462
section 5717.02 of the Revised Code, the operator shall be granted	92463
a qualifying certificate, provided that the operator is liable for	92464
any tax, interest, or penalty upon amounts claimed as qualifying	92465
distribution center receipts, other than those receipts exempt	92466
under division (C)(1) of section 5751.011 of the Revised Code,	92467
that would have otherwise not been owed by its suppliers if the	92468
qualifying certificate was valid.	92469

(VII) "Ohio delivery percentage" means the proportion of the	92470
total property delivered to a destination inside Ohio from the	92471
qualified distribution center during the qualifying period	92472
compared with total deliveries from such distribution center	92473
everywhere during the qualifying period.	92474

(ii) If the distribution center is new and was not open for	92475
the entire qualifying period, the operator of the distribution	92476
center may request that the commissioner grant a qualifying	92477
certificate. If the certificate is granted and it is later	92478
determined that more than fifty per cent of the qualified property	92479
during that year was not shipped to a location such that it would	92480
be sitused outside of this state under the provisions of division	92481
(E) of section 5751.033 of the Revised Code or if it is later	92482
determined that the person that operates the distribution center	92483
had average monthly costs from its suppliers of less than forty	92484
million dollars during that year, then the operator of the	92485
distribution center shall be liable for any tax, interest, or	92486
penalty upon amounts claimed as qualifying distribution center	92487
receipts, other than those receipts exempt under division (C)(1)	92488
of section 5751.011 of the Revised Code, that would have not	92489
otherwise been owed by its suppliers during the qualifying year if	92490
the qualifying certificate was valid. (For purposes of division	92491
(F)(2)(z)(ii) of this section, "supplier" excludes any person that	92492
is part of the consolidated elected taxpayer group, if applicable,	92493
of the operator of the qualified distribution center.)	92494

(iii) When filing an application for a qualifying certificate	92495
under division (F)(2)(z)(i)(VI) of this section, the operator of a	92496
qualified distribution center also shall provide documentation, as	92497
the commissioner requires, for the commissioner to ascertain the	92498
Ohio delivery percentage. The commissioner, upon issuing the	92499
qualifying certificate, also shall certify the Ohio delivery	92500
percentage. The operator of the qualified distribution center may	92501
appeal the commissioner's certification of the Ohio delivery	92502
percentage in the same manner as an appeal is taken from the	92503
denial of a qualifying certificate under division (F)(2)(z)(i)(VI)	92504
of this section.	92505

Within thirty days after all appeals have been exhausted, the	92506
operator of the qualified distribution center shall notify the	92507
affected suppliers of qualified property that such suppliers are	92508
required to file, within sixty days after receiving notice from	92509
the operator of the qualified distribution center, amended reports	92510
for the impacted calendar quarter or quarters or calendar year,	92511
whichever the case may be. Any additional tax liability or tax	92512
overpayment shall be subject to interest but shall not be subject	92513
to the imposition of any penalty so long as the amended returns	92514
are timely filed. The supplier of tangible personal property	92515
delivered to the qualified distribution center shall include in	92516
its report of taxable gross receipts the receipts from the total	92517
sales of property delivered to the qualified distribution center	92518
for the calendar quarter or calendar year, whichever the case may	92519
be, multiplied by the Ohio delivery percentage for the qualifying	92520
year. Nothing in division (F)(2)(z)(iii) of this section shall be	92521
construed as imposing liability on the operator of a qualified	92522
distribution center for the tax imposed by this chapter arising	92523
from any change to the Ohio delivery percentage.	92524

(iv) In the case where the distribution center is new and not	92525
open for the entire qualifying period, the operator shall make a	92526
good faith estimate of an Ohio delivery percentage for use by	92527
suppliers in their reports of taxable gross receipts for the	92528
remainder of the qualifying period. The operator of the facility	92529
shall disclose to the suppliers that such Ohio delivery percentage	92530
is an estimate and is subject to recalculation. By the due date of	92531
the next application for a qualifying certificate, the operator	92532
shall determine the actual Ohio delivery percentage for the	92533
estimated qualifying period and proceed as provided in division	92534
(F)(2)(z)(iii) of this section with respect to the calculation and	92535
recalculation of the Ohio delivery percentage. The supplier is	92536
required to file, within sixty days after receiving notice from	92537
the operator of the qualified distribution center, amended reports	92538
for the impacted calendar quarter or quarters or calendar year,	92539
whichever the case may be. Any additional tax liability or tax	92540
overpayment shall be subject to interest but shall not be subject	92541
to the imposition of any penalty so long as the amended returns	92542
are timely filed.	92543

(v) Qualifying certificates and Ohio delivery percentages	92544
issued by the commissioner shall be open to public inspection and	92545
shall be timely published by the commissioner. A supplier relying	92546
in good faith on a certificate issued under this division shall	92547
not be subject to tax on the qualifying distribution center	92548
receipts under division (F)(2)(z) of this section. A person	92549
receiving a qualifying certificate is responsible for paying the	92550
tax, interest, and penalty upon amounts claimed as qualifying	92551
distribution center receipts that would not otherwise have been	92552
owed by the supplier if the qualifying certificate were available	92553
when it is later determined that the qualifying certificate should	92554
not have been issued because the statutory requirements were in	92555
fact not met.	92556

(vi) The annual fee for a qualifying certificate shall be one	92557
hundred thousand dollars for each qualified distribution center.	92558
If a qualifying certificate is not issued, the annual fee is	92559
subject to refund after the exhaustion of all appeals provided for	92560
in division (F)(2)(z)(i)(VI) of this section. The fee imposed	92561
under this division may be assessed in the same manner as the tax	92562
imposed under this chapter. The first one hundred thousand dollars	92563
of the annual application fees collected each calendar year shall	92564
be credited to the commercial activity tax administrative fund.	92565
The remainder of the annual application fees collected shall be	92566
distributed in the same manner required under section 5751.20 of	92567
the Revised Code.	92568

(vii) The tax commissioner may require that adequate security	92569
be posted by the operator of the distribution center on appeal	92570
when the commissioner disagrees that the applicant has met the	92571
minimum thresholds for a qualified distribution center as set	92572
forth in divisions (F)(2)(z)(i)(VI) and (F)(2)(z)(ii) of this	92573
section.	92574

(aa) Receipts of an employer from payroll deductions relating	92575
to the reimbursement of the employer for advancing moneys to an	92576
unrelated third party on an employee's behalf;	92577

(bb) Cash discounts allowed and taken;

92578

(cc) Returns and allowances;

92579

(dd) Bad debts from receipts on the basis of which the tax	92580
imposed by this chapter was paid in a prior quarterly tax payment	92581
period. For the purpose of this division, "bad debts" means any	92582
debts that have become worthless or uncollectible between the	92583
preceding and current quarterly tax payment periods, have been	92584
uncollected for at least six months, and that may be claimed as a	92585
deduction under section 166 of the Internal Revenue Code and the	92586
regulations adopted under that section, or that could be claimed	92587
as such if the taxpayer kept its accounts on the accrual basis.	92588
"Bad debts" does not include repossessed property, uncollectible	92589
amounts on property that remains in the possession of the taxpayer	92590
until the full purchase price is paid, or expenses in attempting	92591
to collect any account receivable or for any portion of the debt	92592
recovered;	92593

(ee) Any amount realized from the sale of an account	92594
receivable to the extent the receipts from the underlying	92595
transaction giving rise to the account receivable were included in	92596
the gross receipts of the taxpayer;	92597

(ff) Any receipts directly attributed to providing public	92598
services pursuant to a contract entered into under section 9.06 of	92599
the Revised Code and described in division (J) of that section, or	92600
pursuant to sections 126.60 to 126.605 of the Revised Code, or any	92601
receipts directly attributed to a transfer agreement or to the	92602
enterprise transferred under that agreement under section 4313.02	92603
of the Revised Code.	92604

(gg) Any receipts for which the tax imposed by this chapter	92605
is prohibited by the Constitution or laws of the United States or	92606
the Constitution of Ohio.	92607

~~(gg)~~(hh) Amounts realized by licensed motor fuel dealers or	92608
licensed permissive motor fuel dealers from the exchange of	92609
petroleum products, including motor fuel, between such dealers,	92610
provided that delivery of the petroleum products occurs at a	92611
refinery, terminal, pipeline, or marine vessel and that the	92612
exchanging dealers agree neither dealer shall require monetary	92613
compensation from the other for the value of the exchanged	92614
petroleum products other than such compensation for differences in	92615
product location or grade. Division (F)(2)~~(gg)~~(hh) of this section	92616
does not apply to amounts realized as a result of differences in	92617
location or grade of exchanged petroleum products or from	92618
handling, lubricity, dye, or other additive injections fees,	92619
pipeline security fees, or similar fees. As used in this division,	92620
"motor fuel," "licensed motor fuel dealer," "licensed permissive	92621
motor fuel dealer," and "terminal" have the same meanings as in	92622
section 5735.01 of the Revised Code.	92623

(3) In the case of a taxpayer when acting as a real estate	92624
broker, "gross receipts" includes only the portion of any fee for	92625
the service of a real estate broker, or service of a real estate	92626
salesperson associated with that broker, that is retained by the	92627
broker and not paid to an associated real estate salesperson or	92628
another real estate broker. For the purposes of this division,	92629
"real estate broker" and "real estate salesperson" have the same	92630
meanings as in section 4735.01 of the Revised Code.	92631

(4) A taxpayer's method of accounting for gross receipts for	92632
a tax period shall be the same as the taxpayer's method of	92633
accounting for federal income tax purposes for the taxpayer's	92634
federal taxable year that includes the tax period. If a taxpayer's	92635
method of accounting for federal income tax purposes changes, its	92636
method of accounting for gross receipts under this chapter shall	92637
be changed accordingly.	92638

(G) "Taxable gross receipts" means gross receipts sitused to	92639
this state under section 5751.033 of the Revised Code.	92640

(H) A person has "substantial nexus with this state" if any	92641
of the following applies. The person:	92642

(1) Owns or uses a part or all of its capital in this state;

92643

(2) Holds a certificate of compliance with the laws of this	92644
state authorizing the person to do business in this state;	92645

(3) Has bright-line presence in this state;

92646

(4) Otherwise has nexus with this state to an extent that the	92647
person can be required to remit the tax imposed under this chapter	92648
under the Constitution of the United States.	92649

(I) A person has "bright-line presence" in this state for a	92650
reporting period and for the remaining portion of the calendar	92651
year if any of the following applies. The person:	92652

(1) Has at any time during the calendar year property in this	92653
state with an aggregate value of at least fifty thousand dollars.	92654
For the purpose of division (I)(1) of this section, owned property	92655
is valued at original cost and rented property is valued at eight	92656
times the net annual rental charge.	92657

(2) Has during the calendar year payroll in this state of at	92658
least fifty thousand dollars. Payroll in this state includes all	92659
of the following:	92660

(a) Any amount subject to withholding by the person under	92661
section 5747.06 of the Revised Code;	92662

(b) Any other amount the person pays as compensation to an	92663
individual under the supervision or control of the person for work	92664
done in this state; and	92665

(c) Any amount the person pays for services performed in this	92666
state on its behalf by another.	92667

(3) Has during the calendar year taxable gross receipts of at	92668
least five hundred thousand dollars.	92669

(4) Has at any time during the calendar year within this	92670
state at least twenty-five per cent of the person's total	92671
property, total payroll, or total gross receipts.	92672

(5) Is domiciled in this state as an individual or for	92673
corporate, commercial, or other business purposes.	92674

(J) "Tangible personal property" has the same meaning as in	92675
section 5739.01 of the Revised Code.	92676

(K) "Internal Revenue Code" means the Internal Revenue Code	92677
of 1986, 100 Stat. 2085, 26 U.S.C. 1, as amended. Any term used in	92678
this chapter that is not otherwise defined has the same meaning as	92679
when used in a comparable context in the laws of the United States	92680
relating to federal income taxes unless a different meaning is	92681
clearly required. Any reference in this chapter to the Internal	92682
Revenue Code includes other laws of the United States relating to	92683
federal income taxes.	92684

(L) "Calendar quarter" means a three-month period ending on	92685
the thirty-first day of March, the thirtieth day of June, the	92686
thirtieth day of September, or the thirty-first day of December.	92687

(M) "Tax period" means the calendar quarter or calendar year	92688
on the basis of which a taxpayer is required to pay the tax	92689
imposed under this chapter.	92690

(N) "Calendar year taxpayer" means a taxpayer for which the	92691
tax period is a calendar year.	92692

(O) "Calendar quarter taxpayer" means a taxpayer for which	92693
the tax period is a calendar quarter.	92694

(P) "Agent" means a person authorized by another person to	92695
act on its behalf to undertake a transaction for the other,	92696
including any of the following:	92697

(1) A person receiving a fee to sell financial instruments;

92698

(2) A person retaining only a commission from a transaction	92699
with the other proceeds from the transaction being remitted to	92700
another person;	92701

(3) A person issuing licenses and permits under section	92702
1533.13 of the Revised Code;	92703

(4) A lottery sales agent holding a valid license issued	92704
under section 3770.05 of the Revised Code;	92705

(5) A person acting as an agent of the division of liquor	92706
control under section 4301.17 of the Revised Code.	92707

(Q) "Received" includes amounts accrued under the accrual	92708
method of accounting.	92709

(R) "Reporting person" means a person in a consolidated	92710
elected taxpayer or combined taxpayer group that is designated by	92711
that group to legally bind the group for all filings and tax	92712
liabilities and to receive all legal notices with respect to	92713
matters under this chapter, or, for the purposes of section	92714
5751.04 of the Revised Code, a separate taxpayer that is not a	92715
member of such a group.	92716

Sec. 5751.011. (A) A group of two or more persons may elect	92717
to be a consolidated elected taxpayer for the purposes of this	92718
chapter if the group satisfies all of the following requirements:	92719

(1) The group elects to include all persons, including	92720
persons enumerated in divisions (E)(2) to (10) of section 5751.01	92721
of the Revised Code, having at least eighty per cent, or having at	92722
least fifty per cent, of the value of their ownership interests	92723
owned or controlled, directly or constructively through related	92724
interests, by common owners during all or any portion of the tax	92725
period, together with the common owners.	92726

A group making its initial election on the basis of the	92727
eighty per cent ownership test may change its election so that its	92728
consolidated elected taxpayer group is formed on the basis of the	92729
fifty per cent ownership test if all of the following are	92730
satisfied:	92731

(a) When the initial election was made, the group did not	92732
have any persons satisfying the fifty per cent ownership test;	92733

(b) One or more of the persons in the initial group	92734
subsequently acquires ownership interests in a person such that	92735
the fifty per cent ownership test is satisfied, the eighty per	92736
cent ownership test is not satisfied, and the acquired person	92737
would be required to be included in a combined taxpayer group	92738
under section 5751.012 of the Revised Code;	92739

(c) The group requests the change in a written request to the	92740
tax commissioner on or before the due date for filing the first	92741
return due under section 5751.051 of the Revised Code after the	92742
date of the acquisition;	92743

(d) The group has not previously changed its election.

92744

At the election of the group, all entities that are not	92745
incorporated or formed under the laws of a state or of the United	92746
States and that meet the consolidated elected ownership test shall	92747
either be included in the group or all shall be excluded from the	92748
group. If, at the time of registration, the group does not include	92749
any such entities that meet the consolidated elected ownership	92750
test, the group shall elect to either include or exclude the newly	92751
acquired entities before the due date of the first return due	92752
after the date of the acquisition.	92753

Each group shall notify the tax commissioner of the foregoing	92754
elections before the due date of the return for the period in	92755
which the election becomes binding. If fifty per cent of the value	92756
of a person's ownership interests is owned or controlled by each	92757
of two consolidated elected taxpayer groups formed under the fifty	92758
per cent ownership or control test, that person is a member of	92759
each group for the purposes of this section, and each group shall	92760
include in the group's taxable gross receipts fifty per cent of	92761
that person's taxable gross receipts. Otherwise, all of that	92762
person's taxable gross receipts shall be included in the taxable	92763
gross receipts of the consolidated elected taxpayer group of which	92764
the person is a member. In no event shall the ownership or control	92765
of fifty per cent of the value of a person's ownership interests	92766
by two otherwise unrelated groups form the basis for consolidating	92767
the groups into a single consolidated elected taxpayer group or	92768
permit any exclusion under division (C) of this section of taxable	92769
gross receipts between members of the two groups. Division (A)(3)	92770
of this section applies with respect to the elections described in	92771
this division.	92772

(2) The group makes the election to be treated as a	92773
consolidated elected taxpayer in the manner prescribed under	92774
division (D) of this section.	92775

(3) Subject to review and audit by the tax commissioner, the	92776
group agrees that all of the following apply:	92777

(a) The group shall file reports as a single taxpayer for at	92778
least the next eight calendar quarters following the election so	92779
long as at least two or more of the members of the group meet the	92780
requirements of division (A)(1) of this section.	92781

(b) Before the expiration of the eighth such calendar	92782
quarter, the group shall notify the commissioner if it elects to	92783
cancel its designation as a consolidated elected taxpayer. If the	92784
group does not so notify the tax commissioner, the election	92785
remains in effect for another eight calendar quarters.	92786

(c) If, at any time during any of those eight calendar	92787
quarters following the election, a former member of the group no	92788
longer meets the requirements under division (A)(1) of this	92789
section, that member shall report and pay the tax imposed under	92790
this chapter separately, as a member of a combined taxpayer, or,	92791
if the former member satisfies such requirements with respect to	92792
another consolidated elected group, as a member of that	92793
consolidated elected group.	92794

(d) The group agrees to the application of division (B) of	92795
this section.	92796

(B) A group of persons making the election under this section	92797
shall report and pay tax on all of the group's taxable gross	92798
receipts even if substantial nexus with this state does not exist	92799
for one or more persons in the group.	92800

(C)(1)(a) Members of a consolidated elected taxpayer group	92801
shall exclude gross receipts among persons included in the	92802
consolidated elected taxpayer group.	92803

(b) Subject to divisions (C)(1)(c) and (C)(2) of this	92804
section, nothing in this section shall have the effect of	92805
requiring a consolidated elected taxpayer group to include gross	92806
receipts received by a person enumerated in divisions (E)(2) to	92807
(10) of section 5751.01 of the Revised Code if that person is a	92808
member of the group pursuant to the elections made by the group	92809
under division (A)(1) of this section.	92810

(c)(i) As used in division (C)(1)(c) of this section, "dealer	92811
transfer" means a transfer of property that satisfies both of the	92812
following: (I) the property is directly transferred by any means	92813
from one member of the group to another member of the group that	92814
is a dealer in intangibles but is not a qualifying dealer as	92815
defined in section ~~5725.24~~5707.031 of the Revised Code; and (II)	92816
the property is subsequently delivered by the dealer in	92817
intangibles to a person that is not a member of the group.	92818

(ii) In the event of a dealer transfer, a consolidated	92819
elected taxpayer group shall not exclude, under division (C) of	92820
this section, gross receipts from the transfer described in	92821
division (C)(1)(c)(i)(I) of this section.	92822

(2) Gross receipts related to the sale or transmission of	92823
electricity through the use of an intermediary regional	92824
transmission organization approved by the federal energy	92825
regulatory commission shall be excluded from taxable gross	92826
receipts under division (C)(1) of this section if all other	92827
requirements of that division are met, even if the receipts are	92828
from and to the same member of the group.	92829

(D) To make the election to be a consolidated elected	92830
taxpayer, a group of persons shall notify the tax commissioner of	92831
the election in the manner prescribed by the commissioner and pay	92832
the commissioner a registration fee equal to the lesser of two	92833
hundred dollars or twenty dollars for each person in the group. No	92834
additional fee shall be imposed for the addition of new members to	92835
the group once the group has remitted a fee in the amount of two	92836
hundred dollars. The election shall be made and the fee paid	92837
before the beginning of the first calendar quarter to which the	92838
election applies. The fee shall be collected and used in the same	92839
manner as provided in section 5751.04 of the Revised Code.	92840

The election shall be made on a form prescribed by the tax	92841
commissioner for that purpose and shall be signed by one or more	92842
individuals with authority, separately or together, to make a	92843
binding election on behalf of all persons in the group.	92844

Any person acquired or formed after the filing of the	92845
registration shall be included in the group if the person meets	92846
the requirements of division (A)(1) of this section, and the group	92847
shall notify the tax commissioner of any additions to the group	92848
with the next tax return it files with the commissioner.	92849

Sec. 5751.20. (A) As used in sections 5751.20 to 5751.22 of	92850
the Revised Code:	92851

(1) "School district," "joint vocational school district,"	92852
"local taxing unit," "recognized valuation," "fixed-rate levy,"	92853
and "fixed-sum levy" have the same meanings as used in section	92854
5727.84 of the Revised Code.	92855

(2) "State education aid" for a school district means the	92856
following:	92857

(a) For fiscal years prior to fiscal year 2010, the sum of	92858
state aid amounts computed for the district under the following	92859
provisions, as they existed for the applicable fiscal year:	92860
division (A) of section 3317.022 of the Revised Code, including	92861
the amounts calculated under sections 3317.029 and 3317.0217 of	92862
the Revised Code; divisions (C)(1), (C)(4), (D), (E), and (F) of	92863
section 3317.022; divisions (B), (C), and (D) of section 3317.023;	92864
divisions (L) and (N) of section 3317.024; section 3317.0216; and	92865
any unit payments for gifted student services paid under sections	92866
3317.05, 3317.052, and 3317.053 of the Revised Code; except that,	92867
for fiscal years 2008 and 2009, the amount computed for the	92868
district under Section 269.20.80 of H.B. 119 of the 127th general	92869
assembly and as that section subsequently may be amended shall be	92870
substituted for the amount computed under division (D) of section	92871
3317.022 of the Revised Code, and the amount computed under	92872
Section 269.30.80 of H.B. 119 of the 127th general assembly and as	92873
that section subsequently may be amended shall be included.	92874

(b) For fiscal ~~year~~years 2010 and ~~for each fiscal year~~	92875
~~thereafter~~2011, the sum of the amounts computed under former	92876
sections 3306.052, 3306.12, 3306.13, 3306.19, 3306.191, and	92877
3306.192 of the Revised Code.;	92878

(c) For fiscal years 2012 and 2013, the amount paid in	92879
accordance with the section of H.B. 153 of the 129th general	92880
assembly entitled "FUNDING FOR CITY, EXEMPTED VILLAGE, AND LOCAL	92881
SCHOOL DISTRICTS."	92882

(3) "State education aid" for a joint vocational school	92883
district means the following:	92884

(a) For fiscal years prior to fiscal year 2010, the sum of	92885
the state aid computed for the district under division (N) of	92886
section 3317.024 and section 3317.16 of the Revised Code, except	92887
that, for fiscal years 2008 and 2009, the amount computed under	92888
Section 269.30.80 of H.B. 119 of the 127th general assembly and as	92889
that section subsequently may be amended shall be included.	92890

(b) For fiscal years 2010 and 2011, the amount paid in	92891
accordance with the section of ~~this act~~H.B. 1 of the 128th	92892
general assembly entitled "FUNDING FOR JOINT VOCATIONAL SCHOOL	92893
DISTRICTS."	92894

(c) For fiscal years 2012 and 2013, the amount paid in	92895
accordance with the section of H.B. 153 of the 129th general	92896
assembly entitled "FUNDING FOR JOINT VOCATIONAL SCHOOL DISTRICTS."	92897

(4) "State education aid offset" means the amount determined	92898
for each school district or joint vocational school district under	92899
division (A)(1) of section 5751.21 of the Revised Code.	92900

(5) "Machinery and equipment property tax value loss" means	92901
the amount determined under division (C)(1) of this section.	92902

(6) "Inventory property tax value loss" means the amount	92903
determined under division (C)(2) of this section.	92904

(7) "Furniture and fixtures property tax value loss" means	92905
the amount determined under division (C)(3) of this section.	92906

(8) "Machinery and equipment fixed-rate levy loss" means the	92907
amount determined under division (D)(1) of this section.	92908

(9) "Inventory fixed-rate levy loss" means the amount	92909
determined under division (D)(2) of this section.	92910

(10) "Furniture and fixtures fixed-rate levy loss" means the	92911
amount determined under division (D)(3) of this section.	92912

(11) "Total fixed-rate levy loss" means the sum of the	92913
machinery and equipment fixed-rate levy loss, the inventory	92914
fixed-rate levy loss, the furniture and fixtures fixed-rate levy	92915
loss, and the telephone company fixed-rate levy loss.	92916

(12) "Fixed-sum levy loss" means the amount determined under	92917
division (E) of this section.	92918

(13) "Machinery and equipment" means personal property	92919
subject to the assessment rate specified in division (F) of	92920
section 5711.22 of the Revised Code.	92921

(14) "Inventory" means personal property subject to the	92922
assessment rate specified in division (E) of section 5711.22 of	92923
the Revised Code.	92924

(15) "Furniture and fixtures" means personal property subject	92925
to the assessment rate specified in division (G) of section	92926
5711.22 of the Revised Code.	92927

(16) "Qualifying levies" are levies in effect for tax year	92928
2004 or applicable to tax year 2005 or approved at an election	92929
conducted before September 1, 2005. For the purpose of determining	92930
the rate of a qualifying levy authorized by section 5705.212 or	92931
5705.213 of the Revised Code, the rate shall be the rate that	92932
would be in effect for tax year 2010.	92933

(17) "Telephone property" means tangible personal property of	92934
a telephone, telegraph, or interexchange telecommunications	92935
company subject to an assessment rate specified in section	92936
5727.111 of the Revised Code in tax year 2004.	92937

(18) "Telephone property tax value loss" means the amount	92938
determined under division (C)(4) of this section.	92939

(19) "Telephone property fixed-rate levy loss" means the	92940
amount determined under division (D)(4) of this section.	92941

(20) "Taxes charged and payable" means taxes charged and	92942
payable after the reduction required by section 319.301 of the	92943
Revised Code but before the reductions required by sections	92944
319.302 and 323.152 of the Revised Code.	92945

(21) "Median estate tax collections" means, in the case of a	92946
municipal corporation to which revenue from the taxes levied in	92947
Chapter 5731. of the Revised Code was distributed in each of	92948
calendar years 2006, 2007, 2008, and 2009, the median of those	92949
distributions. In the case of a municipal corporation to which no	92950
distributions were made in one or more of those years, "median	92951
estate tax collections" means zero.	92952

(22) "Total resources," in the case of a school district,	92953
means the sum of the amounts in divisions (A)(22)(a) to (h) of	92954
this section less any reduction required under division (A)(32) of	92955
this section.	92956

(a) The state education aid for fiscal year 2010;

92957

(b) The sum of the payments received by the school district	92958
in fiscal year 2010 for current expense levy losses pursuant to	92959
division (C)(2) of section 5727.85 and divisions (C)(8) and (9) of	92960
section 5751.21 of the Revised Code, excluding the portion of such	92961
payments attributable to levies for joint vocational school	92962
district purposes;	92963

(c) The sum of fixed-sum levy loss payments received by the	92964
school district in fiscal year 2010 pursuant to division (E)(1) of	92965
section 5727.85 and division (E)(1) of section 5751.21 of the	92966
Revised Code for fixed-sum levies imposed for a purpose other than	92967
paying debt charges;	92968

(d) Fifty per cent of the school district's taxes charged and	92969
payable against all property on the tax list of real and public	92970
utility property for current expense purposes for tax year 2008,	92971
including taxes charged and payable from emergency levies imposed	92972
under section 5709.194 of the Revised Code and excluding taxes	92973
levied for joint vocational school district purposes;	92974

(e) Fifty per cent of the school district's taxes charged and	92975
payable against all property on the tax list of real and public	92976
utility property for current expenses for tax year 2009, including	92977
taxes charged and payable from emergency levies and excluding	92978
taxes levied for joint vocational school district purposes;	92979

(f) The school district's taxes charged and payable against	92980
all property on the general tax list of personal property for	92981
current expenses for tax year 2009, including taxes charged and	92982
payable from emergency levies;	92983

(g) The amount certified for fiscal year 2010 under division	92984
(A)(2) of section 3317.08 of the Revised Code;	92985

(h) Distributions received during calendar year 2009 from	92986
taxes levied under section 718.09 of the Revised Code.	92987

(23) "Total resources," in the case of a joint vocational	92988
school district, means the sum of amounts in divisions (A)(23)(a)	92989
to (g) of this section less any reduction required under division	92990
(A)(32) of this section.	92991

(a) The state education aid for fiscal year 2010;

92992

(b) The sum of the payments received by the joint vocational	92993
school district in fiscal year 2010 for current expense levy	92994
losses pursuant to division (C)(2) of section 5727.85 and	92995
divisions (C)(8) and (9) of section 5751.21 of the Revised Code;	92996

(c) Fifty per cent of the joint vocational school district's	92997
taxes charged and payable against all property on the tax list of	92998
real and public utility property for current expense purposes for	92999
tax year 2008;	93000

(d) Fifty per cent of the joint vocational school district's	93001
taxes charged and payable against all property on the tax list of	93002
real and public utility property for current expenses for tax year	93003
2009;	93004

(e) Fifty per cent of a city, local, or exempted village	93005
school district's taxes charged and payable against all property	93006
on the tax list of real and public utility property for current	93007
expenses of the joint vocational school district for tax year	93008
2008;	93009

(f) Fifty per cent of a city, local, or exempted village	93010
school district's taxes charged and payable against all property	93011
on the tax list of real and public utility property for current	93012
expenses of the joint vocational school district for tax year	93013
2009;	93014

(g) The joint vocational school district's taxes charged and	93015
payable against all property on the general tax list of personal	93016
property for current expenses for tax year 2009.	93017

(24) "Total resources," in the case of county mental health	93018
and disability related functions, means the sum of the amounts in	93019
divisions (A)(24)(a) and (b) of this section less any reduction	93020
required under division (A)(32) of this section.	93021

(a) The sum of the payments received by the county for mental	93022
health and developmental disability related functions in calendar	93023
year 2010 under division (A)(1) of section 5727.86 and division	93024
(A)(1) and (2) of section 5751.22 of the Revised Code as they	93025
existed at that time;	93026

(b) With respect to taxes levied by the county for mental	93027
health and developmental disability related purposes, the taxes	93028
charged and payable for such purposes against all property on the	93029
tax list of real and public utility property for tax year 2009.	93030

(25) "Total resources," in the case of county senior services	93031
related functions, means the sum of the amounts in divisions	93032
(A)(25)(a) and (b) of this section less any reduction required	93033
under division (A)(32) of this section.	93034

(a) The sum of the payments received by the county for senior	93035
services related functions in calendar year 2010 under division	93036
(A)(1) of section 5727.86 and divisions (A)(1) and (2) of section	93037
5751.22 of the Revised Code as they existed at that time;	93038

(b) With respect to taxes levied by the county for senior	93039
services related purposes, the taxes charged and payable for such	93040
purposes against all property on the tax list of real and public	93041
utility property for tax year 2009.	93042

(26) "Total resources," in the case of county children's	93043
services related functions, means the sum of the amounts in	93044
divisions (A)(26)(a) and (b) of this section less any reduction	93045
required under division (A)(32) of this section.	93046

(a) The sum of the payments received by the county for	93047
children's services related functions in calendar year 2010 under	93048
division (A)(1) of section 5727.86 and divisions (A)(1) and (2) of	93049
section 5751.22 of the Revised Code as they existed at that time;	93050

(b) With respect to taxes levied by the county for children's	93051
services related purposes, the taxes charged and payable for such	93052
purposes against all property on the tax list of real and public	93053
utility property for tax year 2009.	93054

(27) "Total resources," in the case of county public health	93055
related functions, means the sum of the amounts in divisions	93056
(A)(27)(a) and (b) of this section less any reduction required	93057
under division (A)(32) of this section.	93058

(a) The sum of the payments received by the county for public	93059
health related functions in calendar year 2010 under division	93060
(A)(1) of section 5727.86 and divisions (A)(1) and (2) of section	93061
5751.22 of the Revised Code as they existed at that time;	93062

(b) With respect to taxes levied by the county for public	93063
health related purposes, the taxes charged and payable for such	93064
purposes against all property on the tax list of real and public	93065
utility property for tax year 2009.	93066

(28) "Total resources," in the case of all county functions	93067
not included in divisions (A)(24) to (27) of this section, means	93068
the sum of the amounts in divisions (A)(28)(a) to (d) of this	93069
section less any reduction required under division (A)(32) of this	93070
section.	93071

(a) The sum of the payments received by the county for all	93072
other purposes in calendar year 2010 under division (A)(1) of	93073
section 5727.86 and divisions (A)(1) and (2) of section 5751.22 of	93074
the Revised Code as they existed at that time;	93075

(b) The county's percentage share of county undivided local	93076
government fund allocations as certified to the tax commissioner	93077
for calendar year 2010 by the county auditor under division (J) of	93078
section 5747.51 of the Revised Code or division (F) of section	93079
5747.53 of the Revised Code multiplied by the total amount	93080
actually distributed in calendar year 2010 from the county	93081
undivided local government fund;	93082

(c) With respect to taxes levied by the county for all other	93083
purposes, the taxes charged and payable for such purposes against	93084
all property on the tax list of real and public utility property	93085
for tax year 2009, excluding taxes charged and payable for the	93086
purpose of paying debt charges;	93087

(d) The sum of the amounts distributed to the county in	93088
calendar year 2010 for the taxes levied pursuant to sections	93089
5739.021 and 5741.021 of the Revised Code.	93090

(29) "Total resources," in the case of a municipal	93091
corporation, means the sum of the amounts in divisions (A)(29)(a)	93092
to (g) of this section less any reduction required under division	93093
(A)(32) of this section.	93094

(a) The sum of the payments received by the municipal	93095
corporation in calendar year 2010 under division (A)(1) of section	93096
5727.86 and divisions (A)(1) and (2) of section 5751.22 of the	93097
Revised Code as they existed at that time;	93098

(b) The municipal corporation's percentage share of county	93099
undivided local government fund allocations as certified to the	93100
tax commissioner for calendar year 2010 by the county auditor	93101
under division (J) of section 5747.51 of the Revised Code or	93102
division (F) of section 5747.53 of the Revised Code multiplied by	93103
the total amount actually distributed in calendar year 2010 from	93104
the county undivided local government fund;	93105

(c) The sum of the amounts distributed to the municipal	93106
corporation in calendar year 2010 pursuant to section 5747.50 of	93107
the Revised Code;	93108

(d) With respect to taxes levied by the municipal	93109
corporation, the taxes charged and payable against all property on	93110
the tax list of real and public utility property for current	93111
expenses, defined in division (A)(33) of this section, for tax	93112
year 2009;	93113

(e) The amount of admissions tax collected by the municipal	93114
corporation in calendar year 2008, or if such information has not	93115
yet been reported to the tax commissioner, in the most recent year	93116
before 2008 for which the municipal corporation has reported data	93117
to the commissioner;	93118

(f) The amount of income taxes collected by the municipal	93119
corporation in calendar year 2008, or if such information has not	93120
yet been reported to the tax commissioner, in the most recent year	93121
before 2008 for which the municipal corporation has reported data	93122
to the commissioner;	93123

(g) The municipal corporation's median estate tax	93124
collections.	93125

(30) "Total resources," in the case of a township, means the	93126
sum of the amounts in divisions (A)(30)(a) to (c) of this section	93127
less any reduction required under division (A)(32) of this	93128
section.	93129

(a) The sum of the payments received by the township in	93130
calendar year 2010 pursuant to division (A)(1) of section 5727.86	93131
of the Revised Code and divisions (A)(1) and (2) of section	93132
5751.22 of the Revised Code as they existed at that time,	93133
excluding payments received for debt purposes;	93134

(b) The township's percentage share of county undivided local	93135
government fund allocations as certified to the tax commissioner	93136
for calendar year 2010 by the county auditor under division (J) of	93137
section 5747.51 of the Revised Code or division (F) of section	93138
5747.53 of the Revised Code multiplied by the total amount	93139
actually distributed in calendar year 2010 from the county	93140
undivided local government fund;	93141

(c) With respect to taxes levied by the township, the taxes	93142
charged and payable against all property on the tax list of real	93143
and public utility property for tax year 2009 excluding taxes	93144
charged and payable for the purpose of paying debt charges.	93145

(31) "Total resources," in the case of a local taxing unit	93146
that is not a county, municipal corporation, or township, means	93147
the sum of the amounts in divisions (A)(31)(a) to (e) of this	93148
section less any reduction required under division (A)(32) of this	93149
section.	93150

(a) The sum of the payments received by the local taxing unit	93151
in calendar year 2010 pursuant to division (A)(1) of section	93152
5727.86 of the Revised Code and divisions (A)(1) and (2) of	93153
section 5751.22 of the Revised Code as they existed at that time;	93154

(b) The local taxing unit's percentage share of county	93155
undivided local government fund allocations as certified to the	93156
tax commissioner for calendar year 2010 by the county auditor	93157
under division (J) of section 5747.51 of the Revised Code or	93158
division (F) of section 5747.53 of the Revised Code multiplied by	93159
the total amount actually distributed in calendar year 2010 from	93160
the county undivided local government fund;	93161

(c) With respect to taxes levied by the local taxing unit,	93162
the taxes charged and payable against all property on the tax list	93163
of real and public utility property for tax year 2009 excluding	93164
taxes charged and payable for the purpose of paying debt charges;	93165

(d) The amount received from the tax commissioner during	93166
calendar year 2010 for sales or use taxes authorized under	93167
sections 5739.023 and 5741.022 of the Revised Code;	93168

(e) For institutions of higher education receiving tax	93169
revenue from a local levy, as identified in section 3358.02 of the	93170
Revised Code, the final state share of instruction allocation for	93171
fiscal year 2010 as calculated by the board of regents and	93172
reported to the state controlling board.	93173

(32) If a fixed-rate levy that is a qualifying levy is not	93174
imposed in any year after tax year 2010, "total resources" used to	93175
compute payments to be made under division (C)(12) of section	93176
5751.21 or division (A)(1)(b) or (c) of section 5751.22 of the	93177
Revised Code in the tax years following the last year the levy is	93178
imposed shall be reduced by the amount of payments attributable to	93179
the fixed-rate levy loss of that levy as would be computed under	93180
division (C)(2) of section 5727.85, division (A)(1) of section	93181
5727.85, divisions (C)(8) and (9) of section 5751.21, or division	93182
(A)(1) of section 5751.22 of the Revised Code.	93183

(33) "Municipal current expense property tax levies" means	93184
all property tax levies of a municipality, except those with the	93185
following levy names: airport resurfacing; bond or any levy name	93186
including the word "bond"; capital improvement or any levy name	93187
including the word "capital"; debt or any levy name including the	93188
word "debt"; equipment or any levy name including the word	93189
"equipment," unless the levy is for combined operating and	93190
equipment; employee termination fund; fire pension or any levy	93191
containing the word "pension," including police pensions;	93192
fireman's fund or any practically similar name; sinking fund; road	93193
improvements or any levy containing the word "road"; fire truck or	93194
apparatus; flood or any levy containing the word "flood";	93195
conservancy district; county health; note retirement; sewage, or	93196
any levy containing the words "sewage" or "sewer"; park	93197
improvement; parkland acquisition; storm drain; street or any levy	93198
name containing the word "street"; lighting, or any levy name	93199
containing the word "lighting"; and water.	93200

(34) "Current expense TPP allocation" means, in the case of a	93201
school district or joint vocational school district, the sum of	93202
the payments received by the school district in fiscal year 2011	93203
pursuant to divisions (C)(10) and (11) of section 5751.21 of the	93204
Revised Code to the extent paid for current expense levies. In the	93205
case of a municipal corporation, "current expense TPP allocation"	93206
means the sum of the payments received by the municipal	93207
corporation in calendar year 2010 pursuant to divisions (A)(1) and	93208
(2) of section 5751.22 of the Revised Code to the extent paid for	93209
municipal current expense property tax levies as defined in	93210
division (A)(33) of this section. If a fixed-rate levy that is a	93211
qualifying levy is not imposed in any year after tax year 2010,	93212
"current expense TPP allocation" used to compute payments to be	93213
made under division (C)(12) of section 5751.21 or division	93214
(A)(1)(b) or (c) of section 5751.22 of the Revised Code in the tax	93215
years following the last year the levy is imposed shall be reduced	93216
by the amount of payments attributable to the fixed-rate levy loss	93217
of that levy as would be computed under divisions (C)(10) and (11)	93218
of section 5751.21 or division (A)(1) of section 5751.22 of the	93219
Revised Code.	93220

(35) "TPP allocation" means the sum of payments received by a	93221
local taxing unit in calendar year 2010 pursuant to divisions	93222
(A)(1) and (2) of section 5751.22 of the Revised Code. If a	93223
fixed-rate levy that is a qualifying levy is not imposed in any	93224
year after tax year 2010, "TPP allocation" used to compute	93225
payments to be made under division (A)(1)(b) or (c) of section	93226
5751.22 of the Revised Code in the tax years following the last	93227
year the levy is imposed shall be reduced by the amount of payment	93228
attributable to the fixed-rate levy loss of that levy as would be	93229
computed under division (A)(1) of that section.	93230

(36) "Total TPP allocation" means, in the case of a school	93231
district or joint vocational school district, the sum of the	93232
amounts received in fiscal year 2011 pursuant to divisions (C)(10)	93233
and (11) and (D) of section 5751.21 of the Revised Code. In the	93234
case of a local taxing unit, "total TPP allocation" means the sum	93235
of payments received by the unit in calendar year 2010 pursuant to	93236
divisions (A)(1), (2), and (3) of section 5751.22 of the Revised	93237
Code. If a fixed-rate levy that is a qualifying levy is not	93238
imposed in any year after tax year 2010, "total TPP allocation"	93239
used to compute payments to be made under division (C)(12) of	93240
section 5751.21 or division (A)(1)(b) or (c) of section 5751.22 of	93241
the Revised Code in the tax years following the last year the levy	93242
is imposed shall be reduced by the amount of payments attributable	93243
to the fixed-rate levy loss of that levy as would be computed	93244
under divisions (C)(10) and (11) of section 5751.21 or division	93245
(A)(1) of section 5751.22 of the Revised Code.	93246

(37) "Non-current expense TPP allocation" means the	93247
difference of total TPP allocation minus the sum of current	93248
expense TPP allocation and the portion of total TPP allocation	93249
constituting reimbursement for debt levies, pursuant to division	93250
(D) of section 5751.21 of the Revised Code in the case of a school	93251
district or joint vocational school district and pursuant to	93252
division (A)(3) of section 5751.22 of the Revised Code in the case	93253
of a municipal corporation.	93254

(38) "Threshold per cent" means, in the case of a school	93255
district or joint vocational school district, two per cent for	93256
fiscal year 2012 and four per cent for fiscal years 2013 and	93257
thereafter. In the case of a local taxing unit, "threshold per	93258
cent" means two per cent for tax year 2011 and four per cent for	93259
tax years 2012 and thereafter.	93260

(B) The commercial activities tax receipts fund is hereby	93261
created in the state treasury and shall consist of money arising	93262
from the tax imposed under this chapter. Eighty-five	93263
one-hundredths of one per cent of the money credited to that fund	93264
shall be credited to the tax reform system implementation fund,	93265
which is hereby created in the state treasury, and shall be used	93266
to defray the costs incurred by the department of taxation in	93267
administering the tax imposed by this chapter and in implementing	93268
tax reform measures. Fifty million dollars shall be credited each	93269
fiscal year from the commercial activities tax receipts fund to	93270
the local government integrating and innovation fund created under	93271
section 164.30 of the Revised Code, beginning with fiscal year	93272
2012. The remainder in the commercial activities tax receipts fund	93273
shall be credited for each fiscal year in the following	93274
percentages to the general revenue fund, to the school district	93275
tangible property tax replacement fund, which is hereby created in	93276
the state treasury for the purpose of making the payments	93277
described in section 5751.21 of the Revised Code, and to the local	93278
government tangible property tax replacement fund, which is hereby	93279
created in the state treasury for the purpose of making the	93280
payments described in section 5751.22 of the Revised Code, in the	93281
following percentages:	93282

Fiscal year	General Revenue Fund	School District Tangible Property Tax Replacement Fund	Local Government Tangible Property Tax Replacement Fund	93283
2006	67.7%	22.6%	9.7%	93284
2007	0%	70.0%	30.0%	93285
2008	0%	70.0%	30.0%	93286
2009	0%	70.0%	30.0%	93287
2010	0%	70.0%	30.0%	93288
2011	0%	70.0%	30.0%	93289
2012	~~5.3~~ 25.0%	~~70.0~~ 52.5%	~~24.7~~ 22.5%	93290
2013 and thereafter	~~10.6~~ 50.0%	~~70.0~~ 35.0%	~~19.4~~ 15.0%	93291
~~2014~~	~~14.1%~~	~~70.0%~~	~~15.9%~~	93292
~~2015~~	~~17.6%~~	~~70.0%~~%	~~12.4%~~	93293
~~2016~~	~~21.1%~~	~~70.0%~~%	~~8.9%~~	93294
~~2017~~	~~24.6%~~	~~70.0%~~%	~~5.4%~~	93295
~~2018~~	~~28.1%~~	~~70.0%~~%	~~1.9%~~	93296
~~2019 and thereafter~~	~~30%~~	~~70%~~%	0%	93297

(C) Not later than September 15, 2005, the tax commissioner	93298
shall determine for each school district, joint vocational school	93299
district, and local taxing unit its machinery and equipment,	93300
inventory property, furniture and fixtures property, and telephone	93301
property tax value losses, which are the applicable amounts	93302
described in divisions (C)(1), (2), (3), and (4) of this section,	93303
except as provided in division (C)(5) of this section:	93304

(1) Machinery and equipment property tax value loss is the	93305
taxable value of machinery and equipment property as reported by	93306
taxpayers for tax year 2004 multiplied by:	93307

(a) For tax year 2006, thirty-three and eight-tenths per	93308
cent;	93309

(b) For tax year 2007, sixty-one and three-tenths per cent;

93310

93311

(d) For tax year 2009 and thereafter, one hundred per cent.

93312

(2) Inventory property tax value loss is the taxable value of	93313
inventory property as reported by taxpayers for tax year 2004	93314
multiplied by:	93315

(a) For tax year 2006, a fraction, the numerator of which is	93316
five and three-fourths and the denominator of which is	93317
twenty-three;	93318

(b) For tax year 2007, a fraction, the numerator of which is	93319
nine and one-half and the denominator of which is twenty-three;	93320

(c) For tax year 2008, a fraction, the numerator of which is	93321
thirteen and one-fourth and the denominator of which is	93322
twenty-three;	93323

(d) For tax year 2009 and thereafter a fraction, the	93324
numerator of which is seventeen and the denominator of which is	93325
twenty-three.	93326

(3) Furniture and fixtures property tax value loss is the	93327
taxable value of furniture and fixture property as reported by	93328
taxpayers for tax year 2004 multiplied by:	93329

(a) For tax year 2006, twenty-five per cent;

93330

(b) For tax year 2007, fifty per cent;

93331

93332

(d) For tax year 2009 and thereafter, one hundred per cent.

93333

The taxable value of property reported by taxpayers used in	93334
divisions (C)(1), (2), and (3) of this section shall be such	93335
values as determined to be final by the tax commissioner as of	93336
August 31, 2005. Such determinations shall be final except for any	93337
correction of a clerical error that was made prior to August 31,	93338
2005, by the tax commissioner.	93339

(4) Telephone property tax value loss is the taxable value of	93340
telephone property as taxpayers would have reported that property	93341
for tax year 2004 if the assessment rate for all telephone	93342
property for that year were twenty-five per cent, multiplied by:	93343

(a) For tax year 2006, zero per cent;

93344

(b) For tax year 2007, zero per cent;

93345

93346

(d) For tax year 2009, sixty per cent;

93347

(e) For tax year 2010, eighty per cent;

93348

(f) For tax year 2011 and thereafter, one hundred per cent.

93349

(5) Division (C)(5) of this section applies to any school	93350
district, joint vocational school district, or local taxing unit	93351
in a county in which is located a facility currently or formerly	93352
devoted to the enrichment or commercialization of uranium or	93353
uranium products, and for which the total taxable value of	93354
property listed on the general tax list of personal property for	93355
any tax year from tax year 2001 to tax year 2004 was fifty per	93356
cent or less of the taxable value of such property listed on the	93357
general tax list of personal property for the next preceding tax	93358
year.	93359

In computing the fixed-rate levy losses under divisions	93360
(D)(1), (2), and (3) of this section for any school district,	93361
joint vocational school district, or local taxing unit to which	93362
division (C)(5) of this section applies, the taxable value of such	93363
property as listed on the general tax list of personal property	93364
for tax year 2000 shall be substituted for the taxable value of	93365
such property as reported by taxpayers for tax year 2004, in the	93366
taxing district containing the uranium facility, if the taxable	93367
value listed for tax year 2000 is greater than the taxable value	93368
reported by taxpayers for tax year 2004. For the purpose of making	93369
the computations under divisions (D)(1), (2), and (3) of this	93370
section, the tax year 2000 valuation is to be allocated to	93371
machinery and equipment, inventory, and furniture and fixtures	93372
property in the same proportions as the tax year 2004 values. For	93373
the purpose of the calculations in division (A) of section 5751.21	93374
of the Revised Code, the tax year 2004 taxable values shall be	93375
used.	93376

To facilitate the calculations required under division (C) of	93377
this section, the county auditor, upon request from the tax	93378
commissioner, shall provide by August 1, 2005, the values of	93379
machinery and equipment, inventory, and furniture and fixtures for	93380
all single-county personal property taxpayers for tax year 2004.	93381

(D) Not later than September 15, 2005, the tax commissioner	93382
shall determine for each tax year from 2006 through 2009 for each	93383
school district, joint vocational school district, and local	93384
taxing unit its machinery and equipment, inventory, and furniture	93385
and fixtures fixed-rate levy losses, and for each tax year from	93386
2006 through 2011 its telephone property fixed-rate levy loss.	93387
Except as provided in division (F) of this section, such losses	93388
are the applicable amounts described in divisions (D)(1), (2),	93389
(3), and (4) of this section:	93390

(1) The machinery and equipment fixed-rate levy loss is the	93391
machinery and equipment property tax value loss multiplied by the	93392
sum of the tax rates of fixed-rate qualifying levies.	93393

(2) The inventory fixed-rate loss is the inventory property	93394
tax value loss multiplied by the sum of the tax rates of	93395
fixed-rate qualifying levies.	93396

(3) The furniture and fixtures fixed-rate levy loss is the	93397
furniture and fixture property tax value loss multiplied by the	93398
sum of the tax rates of fixed-rate qualifying levies.	93399

(4) The telephone property fixed-rate levy loss is the	93400
telephone property tax value loss multiplied by the sum of the tax	93401
rates of fixed-rate qualifying levies.	93402

(E) Not later than September 15, 2005, the tax commissioner	93403
shall determine for each school district, joint vocational school	93404
district, and local taxing unit its fixed-sum levy loss. The	93405
fixed-sum levy loss is the amount obtained by subtracting the	93406
amount described in division (E)(2) of this section from the	93407
amount described in division (E)(1) of this section:	93408

(1) The sum of the machinery and equipment property tax value	93409
loss, the inventory property tax value loss, and the furniture and	93410
fixtures property tax value loss, and, for 2008 through ~~2017~~2010,	93411
the telephone property tax value loss of the district or unit	93412
multiplied by the sum of the fixed-sum tax rates of qualifying	93413
levies. For 2006 through 2010, this computation shall include all	93414
qualifying levies remaining in effect for the current tax year and	93415
any school district levies imposed under section 5705.194 or	93416
5705.213 of the Revised Code that are qualifying levies not	93417
remaining in effect for the current year. For 2011 through 2017 in	93418
the case of school district levies imposed under section 5705.194	93419
or 5705.213 of the Revised Code and for all years after 2010 in	93420
the case of other fixed-sum levies, this computation shall include	93421
only qualifying levies remaining in effect for the current year.	93422
For purposes of this computation, a qualifying school district	93423
levy imposed under section 5705.194 or 5705.213 of the Revised	93424
Code remains in effect in a year after 2010 only if, for that	93425
year, the board of education levies a school district levy imposed	93426
under section 5705.194, 5705.199, 5705.213, or 5705.219 of the	93427
Revised Code for an annual sum at least equal to the annual sum	93428
levied by the board in tax year 2004 less the amount of the	93429
payment certified under this division for 2006.	93430

(2) The total taxable value in tax year 2004 less the sum of	93431
the machinery and equipment, inventory, furniture and fixtures,	93432
and telephone property tax value losses in each school district,	93433
joint vocational school district, and local taxing unit multiplied	93434
by one-half of one mill per dollar.	93435

(3) For the calculations in divisions (E)(1) and (2) of this	93436
section, the tax value losses are those that would be calculated	93437
for tax year 2009 under divisions (C)(1), (2), and (3) of this	93438
section and for tax year 2011 under division (C)(4) of this	93439
section.	93440

(4) To facilitate the calculation under divisions (D) and (E)	93441
of this section, not later than September 1, 2005, any school	93442
district, joint vocational school district, or local taxing unit	93443
that has a qualifying levy that was approved at an election	93444
conducted during 2005 before September 1, 2005, shall certify to	93445
the tax commissioner a copy of the county auditor's certificate of	93446
estimated property tax millage for such levy as required under	93447
division (B) of section 5705.03 of the Revised Code, which is the	93448
rate that shall be used in the calculations under such divisions.	93449

If the amount determined under division (E) of this section	93450
for any school district, joint vocational school district, or	93451
local taxing unit is greater than zero, that amount shall equal	93452
the reimbursement to be paid pursuant to division (E) of section	93453
5751.21 or division (A)(3) of section 5751.22 of the Revised Code,	93454
and the one-half of one mill that is subtracted under division	93455
(E)(2) of this section shall be apportioned among all contributing	93456
fixed-sum levies in the proportion that each levy bears to the sum	93457
of all fixed-sum levies within each school district, joint	93458
vocational school district, or local taxing unit.	93459

(F) If a school district levies a tax under section 5705.219	93460
of the Revised Code, the fixed-rate levy loss for qualifying	93461
levies, to the extent repealed under that section, shall equal the	93462
sum of the following amounts in lieu of the amounts computed for	93463
such levies under division (D) of this section:	93464

(1) The sum of the rates of qualifying levies to the extent	93465
so repealed multiplied by the sum of the machinery and equipment,	93466
inventory, and furniture and fixtures tax value losses for 2009 as	93467
determined under that division;	93468

(2) The sum of the rates of qualifying levies to the extent	93469
so repealed multiplied by the telephone property tax value loss	93470
for 2011 as determined under that division.	93471

The fixed-rate levy losses for qualifying levies to the	93472
extent not repealed under section 5705.219 of the Revised Code	93473
shall be as determined under division (D) of this section. The	93474
revised fixed-rate levy losses determined under this division and	93475
division (D) of this section first apply in the year following the	93476
first year the district levies the tax under section 5705.219 of	93477
the Revised Code.	93478

(G) Not later than October 1, 2005, the tax commissioner	93479
shall certify to the department of education for every school	93480
district and joint vocational school district the machinery and	93481
equipment, inventory, furniture and fixtures, and telephone	93482
property tax value losses determined under division (C) of this	93483
section, the machinery and equipment, inventory, furniture and	93484
fixtures, and telephone fixed-rate levy losses determined under	93485
division (D) of this section, and the fixed-sum levy losses	93486
calculated under division (E) of this section. The calculations	93487
under divisions (D) and (E) of this section shall separately	93488
display the levy loss for each levy eligible for reimbursement.	93489

(H) Not later than October 1, 2005, the tax commissioner	93490
shall certify the amount of the fixed-sum levy losses to the	93491
county auditor of each county in which a school district, joint	93492
vocational school district, or local taxing unit with a fixed-sum	93493
levy loss reimbursement has territory.	93494

(I) Not later than the twenty-eighth day of February each	93495
year beginning in 2011 and ending in 2014, the tax commissioner	93496
shall certify to the department of education for each school	93497
district first levying a tax under section 5705.219 of the Revised	93498
Code in the preceding year the revised fixed-rate levy losses	93499
determined under divisions (D) and (F) of this section.	93500

Sec. 5751.21. (A) Not later than the thirtieth day of July	93501
of 2007 through ~~2017~~2010, the department of education shall	93502
consult with the director of budget and management and determine	93503
the following for each school district and each joint vocational	93504
school district eligible for payment under division (B) of this	93505
section:	93506

(1) The state education aid offset, which, except as provided	93507
in division (A)(1)(c) of this section, is the difference obtained	93508
by subtracting the amount described in division (A)(1)(b) of this	93509
section from the amount described in division (A)(1)(a) of this	93510
section:	93511

(a) The state education aid computed for the school district	93512
or joint vocational school district for the current fiscal year as	93513
of the thirtieth day of July;	93514

(b) The state education aid that would be computed for the	93515
school district or joint vocational school district for the	93516
current fiscal year as of the thirtieth day of July if the	93517
~~recognized~~ valuation used in the calculation in division (B)(1) of	93518
section 3306.13 of the Revised Code as that division existed for	93519
fiscal years 2010 and 2011 included the machinery and equipment,	93520
inventory, furniture and fixtures, and telephone property tax	93521
value losses for the school district or joint vocational school	93522
district for the second preceding tax year, and if taxes charged	93523
and payable associated with the tax value losses are accounted for	93524
in any state education aid computation dependent on taxes charged	93525
and payable.	93526

(c) The state education aid offset for fiscal year 2010 and	93527
fiscal year 2011 equals the greater of the state education aid	93528
offset calculated for that fiscal year under divisions (A)(1)(a)	93529
and (b) of this section and the state education aid offset	93530
calculated for fiscal year 2009. For fiscal year 2012 and 2013,	93531
the state education aid offset equals the state education aid	93532
offset for fiscal year 2011.	93533

(2) ~~The~~For fiscal years 2008 through 2011, the greater of	93534
zero or the difference obtained by subtracting the state education	93535
aid offset determined under division (A)(1) of this section from	93536
the sum of the machinery and equipment fixed-rate levy loss, the	93537
inventory fixed-rate levy loss, furniture and fixtures fixed-rate	93538
levy loss, and telephone property fixed-rate levy loss certified	93539
under divisions (G) and (I) of section 5751.20 of the Revised Code	93540
for all taxing districts in each school district and joint	93541
vocational school district for the second preceding tax year.	93542

By the thirtieth day of July of each such year, the	93543
department of education and the director of budget and management	93544
shall agree upon the amount to be determined under division (A)(1)	93545
of this section.	93546

(B) On or before the thirty-first day of August of ~~each year~~	93547
~~beginning in~~ 2008, 2009, and 2010, the department of education	93548
shall recalculate the offset described under division (A) of this	93549
section for the previous fiscal year and recalculate the payments	93550
made under division (C) of this section in the preceding fiscal	93551
year using the offset calculated under this division. If the	93552
payments calculated under this division differ from the payments	93553
made under division (C) of this section in the preceding fiscal	93554
year, the difference shall either be paid to a school district or	93555
recaptured from a school district through an adjustment at the	93556
same times during the current fiscal year that the payments under	93557
division (C) of this section are made. In August and October of	93558
the current fiscal year, the amount of each adjustment shall be	93559
three-sevenths of the amount calculated under this division. In	93560
May of the current fiscal year, the adjustment shall be	93561
one-seventh of the amount calculated under this division.	93562

(C) The department of education shall pay from the school	93563
district tangible property tax replacement fund to each school	93564
district and joint vocational school district all of the following	93565
for fixed-rate levy losses certified under divisions (G) and (I)	93566
of section 5751.20 of the Revised Code:	93567

(1) On or before May 31, 2006, one-seventh of the total	93568
fixed-rate levy loss for tax year 2006;	93569

(2) On or before August 31, 2006, and October 31, 2006,	93570
one-half of six-sevenths of the total fixed-rate levy loss for tax	93571
year 2006;	93572

(3) On or before May 31, 2007, one-seventh of the total	93573
fixed-rate levy loss for tax year 2007;	93574

(4) On or before August 31, 2007, and October 31, 2007,	93575
forty-three per cent of the amount determined under division	93576
(A)(2) of this section for fiscal year 2008, but not less than	93577
zero, plus one-half of six-sevenths of the difference between the	93578
total fixed-rate levy loss for tax year 2007 and the total	93579
fixed-rate levy loss for tax year 2006.	93580

(5) On or before May 31, 2008, fourteen per cent of the	93581
amount determined under division (A)(2) of this section for fiscal	93582
year 2008, but not less than zero, plus one-seventh of the	93583
difference between the total fixed-rate levy loss for tax year	93584
2008 and the total fixed-rate levy loss for tax year 2006.	93585

(6) On or before August 31, 2008, and October 31, 2008,	93586
forty-three per cent of the amount determined under division	93587
(A)(2) of this section for fiscal year 2009, but not less than	93588
zero, plus one-half of six-sevenths of the difference between the	93589
total fixed-rate levy loss in tax year 2008 and the total	93590
fixed-rate levy loss in tax year 2007.	93591

(7) On or before May 31, 2009, fourteen per cent of the	93592
amount determined under division (A)(2) of this section for fiscal	93593
year 2009, but not less than zero, plus one-seventh of the	93594
difference between the total fixed-rate levy loss for tax year	93595
2009 and the total fixed-rate levy loss for tax year 2007.	93596

(8) On or before August 31, 2009, and October 31, 2009,	93597
forty-three per cent of the amount determined under division	93598
(A)(2) of this section for fiscal year 2010, but not less than	93599
zero, plus one-half of six-sevenths of the difference between the	93600
total fixed-rate levy loss in tax year 2009 and the total	93601
fixed-rate levy loss in tax year 2008.	93602

(9) On or before May 31, 2010, fourteen per cent of the	93603
amount determined under division (A)(2) of this section for fiscal	93604
year 2010, but not less than zero, plus one-seventh of the	93605
difference between the total fixed-rate levy loss in tax year 2010	93606
and the total fixed-rate levy loss in tax year 2008.	93607

(10) On or before August 31, 2010, and October 31, 2010,	93608
forty-three per cent of the amount determined under division	93609
(A)(2) of this section for fiscal year 2011, but not less than	93610
zero, plus one-half of six-sevenths of the difference between the	93611
telephone property fixed-rate levy loss for tax year 2010 and the	93612
telephone property fixed-rate levy loss for tax year 2009.	93613

(11) On or before May 31, 2011, fourteen per cent of the	93614
amount determined under division (A)(2) of this section for fiscal	93615
year 2011, but not less than zero, plus one-seventh of the	93616
difference between the telephone property fixed-rate levy loss for	93617
tax year 2011 and the telephone property fixed-rate levy loss for	93618
tax year 2009.	93619

(12) ~~On or before August 31, 2011, and October 31, 2011,~~	93620
~~forty-three per cent of the amount determined under division~~	93621
~~(A)(2) of this section, but not less than zero, plus one-half of~~	93622
~~six-sevenths of the difference between the telephone property~~	93623
~~fixed-rate levy loss for tax year 2011 and the telephone property~~	93624
~~fixed-rate levy loss for tax year 2010.~~	93625

~~(13) On or before May 31, 2012, fourteen per cent of the~~	93626
~~amount determined under division (A)(2) of this section for fiscal~~	93627
~~year 2012, but not less than zero, plus one-seventh of the~~	93628
~~difference between the telephone property fixed-rate levy loss for~~	93629
~~tax year 2011 and the telephone property fixed-rate levy loss for~~	93630
~~tax year 2010.~~	93631

~~(14) On or before August 31, 2012, October 31, 2012, and May~~	93632
~~31, 2013, the amount determined under division (A)(2) of this~~	93633
~~section but not less than zero, multiplied by one-third.~~	93634

~~(15) On or before August 31, 2013, October 31, 2013, and May~~	93635
~~31, 2014, the amount determined under division (A)(2) of this~~	93636
~~section multiplied by a fraction, the numerator of which is nine~~	93637
~~and the denominator of which is seventeen, but not less than zero,~~	93638
~~multiplied by one-third.~~	93639

~~(16) On or before August 31, 2014, October 31, 2014, and May~~	93640
~~31, 2015, the amount determined under division (A)(2) of this~~	93641
~~section multiplied by a fraction, the numerator of which is seven~~	93642
~~and the denominator of which is seventeen, but not less than zero,~~	93643
~~multiplied by one-third.~~	93644

~~(17) On or before August 31, 2015, October 31, 2015, and May~~	93645
~~31, 2016, the amount determined under division (A)(2) of this~~	93646
~~section multiplied by a fraction, the numerator of which is five~~	93647
~~and the denominator of which is seventeen, but not less than zero,~~	93648
~~multiplied by one-third.~~	93649

~~(18) On or before August 31, 2016, October 31, 2016, and May~~	93650
~~31, 2017, the amount determined under division (A)(2) of this~~	93651
~~section multiplied by a fraction, the numerator of which is three~~	93652
~~and the denominator of which is seventeen, but not less than zero,~~	93653
~~multiplied by one-third.~~	93654

~~(19) On or before August 31, 2017, October 31, 2017, and May~~	93655
~~31, 2018, the amount determined under division (A)(2) of this~~	93656
~~section multiplied by a fraction, the numerator of which is one~~	93657
~~and the denominator of which is seventeen, but not less than zero,~~	93658
~~multiplied by one-third~~For fiscal years 2012 and thereafter, the	93659
sum of the amounts in divisions (C)(12)(a) or (b) and (c) of this	93660
section shall be paid on or before the twentieth day of November	93661
and the last day of May:	93662

(a) If the ratio of current expense TPP allocation to total	93663
resources is equal to or less than the threshold per cent, zero;	93664

(b) If the ratio of current expense TPP allocation to total	93665
resources is greater than the threshold per cent, fifty per cent	93666
of the difference of current expense TPP allocation minus the	93667
product of total resources multiplied by the threshold per cent;	93668

(c) Fifty per cent of the product of non-current expense TPP	93669
allocation multiplied by seventy-five per cent for fiscal year	93670
2012 and fifty per cent for fiscal years 2013 and thereafter.	93671

The department of education shall report to each school	93672
district and joint vocational school district the apportionment of	93673
the payments among the school district's or joint vocational	93674
school district's funds based on the certifications under	93675
divisions (G) and (I) of section 5751.20 of the Revised Code.	93676

~~Any qualifying levy that is a fixed-rate levy that is not~~	93677
~~applicable to a tax year after 2010 does not qualify for any~~	93678
~~reimbursement after the tax year to which it is last applicable.~~	93679

(D) For taxes levied within the ten-mill limitation for debt	93680
purposes in tax year 2005, payments shall be made equal to one	93681
hundred per cent of the loss computed as if the tax were a	93682
fixed-rate levy, but those payments shall extend from fiscal year	93683
2006 through fiscal year 2018, as long as the qualifying levy	93684
continues to be used for debt purposes. If the purpose of such a	93685
qualifying levy is changed, that levy becomes subject to the	93686
payments determined in division (C) of this section.	93687

(E)(1) Not later than January 1, 2006, for each fixed-sum	93688
levy of each school district or joint vocational school district	93689
and for each year for which a determination is made under division	93690
(E) of section 5751.20 of the Revised Code that a fixed-sum levy	93691
loss is to be reimbursed, the tax commissioner shall certify to	93692
the department of education the fixed-sum levy loss determined	93693
under that division. The certification shall cover a time period	93694
sufficient to include all fixed-sum levies for which the	93695
commissioner made such a determination. ~~The~~On or before the last	93696
day of May of the current year, the department shall pay from the	93697
school district property tax replacement fund to the school	93698
district or joint vocational school district one-third of the	93699
fixed-sum levy loss so certified ~~for each year~~, plus one-third of	93700
the amount certified under division (I) of section 5751.20 of the	93701
Revised Code, and on or before the ~~last~~twentieth day of ~~May,~~	93702
~~August, and October of the current year~~November, two-thirds of	93703
the fixed-sum levy loss so certified, plus two-thirds of the	93704
amount certified under division (I) of section 5751.20 of the	93705
Revised Code. Payments under this division of the amounts	93706
certified under division (I) of section 5751.20 of the Revised	93707
Code shall continue until the levy adopted under section 5705.219	93708
of the Revised Code expires.	93709

(2) Beginning in 2006, by the first day of January of each	93710
year, the tax commissioner shall review the certification	93711
originally made under division (E)(1) of this section. If the	93712
commissioner determines that a debt levy that had been scheduled	93713
to be reimbursed in the current year has expired, a revised	93714
certification for that and all subsequent years shall be made to	93715
the department of education.	93716

(F) Beginning in September 2007 and through June ~~2018~~2013,	93717
the director of budget and management shall transfer from the	93718
school district tangible property tax replacement fund to the	93719
general revenue fund each of the following:	93720

(1) On the first day of September, one-fourth of the amount	93721
determined for that fiscal year under division (A)(1) of this	93722
section;	93723

(2) On the first day of December, one-fourth of the amount	93724
determined for that fiscal year under division (A)(1) of this	93725
section;	93726

(3) On the first day of March, one-fourth of the amount	93727
determined for that fiscal year under division (A)(1) of this	93728
section;	93729

(4) On the first day of June, one-fourth of the amount	93730
determined for that fiscal year under division (A)(1) of this	93731
section.	93732

If, when a transfer is required under division (F)(1), (2),	93733
(3), or (4) of this section, there is not sufficient money in the	93734
school district tangible property tax replacement fund to make the	93735
transfer in the required amount, the director shall transfer the	93736
balance in the fund to the general revenue fund and may make	93737
additional transfers on later dates as determined by the director	93738
in a total amount that does not exceed one-fourth of the amount	93739
determined for the fiscal year.	93740

(G) ~~For each of the fiscal years 2006 through 2018, if~~If the	93741
total amount in the school district tangible property tax	93742
replacement fund is insufficient to make all payments under	93743
divisions (C), (D), and (E) of this section at the times the	93744
payments are to be made, the director of budget and management	93745
shall transfer from the general revenue fund to the school	93746
district tangible property tax replacement fund the difference	93747
between the total amount to be paid and the amount in the school	93748
district tangible property tax replacement fund. ~~For each fiscal~~	93749
~~year after 2018, at the time payments under division (E) of this~~	93750
~~section are to be made, the director of budget and management~~	93751
~~shall transfer from the general revenue fund to the school~~	93752
~~district property tax replacement fund the amount necessary to~~	93753
~~make such payments.~~	93754

(H)~~(1)~~ On the fifteenth day of June ~~of 2006 through 2011~~of	93755
each year, the director of budget and management may transfer any	93756
balance in the school district tangible property tax replacement	93757
fund to the general revenue fund. ~~At the end of fiscal years 2012~~	93758
~~through 2018, any balance in the school district tangible property~~	93759
~~tax replacement fund shall remain in the fund to be used in future~~	93760
~~fiscal years for school purposes.~~	93761

~~(2) In each fiscal year beginning with fiscal year 2019, all~~	93762
~~amounts credited to the school district tangible personal property~~	93763
~~tax replacement fund shall be appropriated for school purposes.~~	93764

(I) If all of the territory of a school district or joint	93765
vocational school district is merged with another district, or if	93766
a part of the territory of a school district or joint vocational	93767
school district is transferred to an existing or newly created	93768
district, the department of education, in consultation with the	93769
tax commissioner, shall adjust the payments made under this	93770
section as follows:	93771

(1) For a merger of two or more districts, ~~the machinery and~~	93772
~~equipment, inventory, furniture and fixtures, and telephone~~	93773
~~property fixed-rate levy losses and~~ the fixed-sum levy losses,	93774
total resources, current expense TPP allocation, total TPP	93775
allocation, and non-current expense TPP allocation of the	93776
successor district shall be ~~equal to~~ the sum of ~~the machinery and~~	93777
~~equipment, inventory, furniture and fixtures, and telephone~~	93778
~~property fixed-rate levy losses and debt levy losses as determined~~	93779
~~in section 5751.20 of the Revised Code,~~such items for each of the	93780
districts involved in the merger.	93781

(2) If property is transferred from one district to a	93782
previously existing district, the amount of ~~machinery and~~	93783
~~equipment, inventory, furniture and fixtures, and telephone~~	93784
~~property tax value losses and fixed-rate levy losses~~total	93785
resources, current expense TPP allocation, total TPP allocation,	93786
and non-current expense TPP allocation that shall be transferred	93787
to the recipient district shall be an amount equal to ~~the total~~	93788
~~machinery and equipment, inventory, furniture and fixtures, and~~	93789
~~telephone property fixed-rate levy losses~~total resources, current	93790
expense TPP allocation, total TPP allocation, and non-current	93791
expense TPP allocation of the transferor district times a	93792
fraction, the numerator of which is the ~~value of business tangible~~	93793
~~personal property on the land being transferred in the most recent~~	93794
~~year for which data are available~~number of pupils being	93795
transferred to the recipient district, measured, in the case of a	93796
school district, by average daily membership as reported under	93797
division (A) of section 3317.03 of the Revised Code or, in the	93798
case of a joint vocational school district, by formula ADM as	93799
reported in division (D) of that section, and the denominator of	93800
which is the ~~total value of business tangible personal property in~~	93801
~~the district from which the land is being transferred in the most~~	93802
~~recent year for which data are available. For each of the first~~	93803
~~five years after the property is transferred, but not after fiscal~~	93804
~~year 2012, if the tax rate in the recipient district is less than~~	93805
~~the tax rate of the district from which the land was transferred,~~	93806
~~one-half of the payments arising from the amount of fixed-rate~~	93807
~~levy losses so transferred to the recipient district shall be paid~~	93808
~~to the recipient district and one-half of the payments arising~~	93809
~~from the fixed-rate levy losses so transferred shall be paid to~~	93810
~~the district from which the land was transferred. Fixed-rate levy~~	93811
~~losses so transferred shall be computed on the basis of the sum of~~	93812
~~the rates of fixed-rate qualifying levies of the district from~~	93813
~~which the land was transferred, notwithstanding division (E) of~~	93814
~~this section~~average daily membership or formula ADM of the	93815
transferor district.	93816

(3) After December 31, ~~2004~~2010, if property is transferred	93817
from one or more districts to a district that is newly created out	93818
of the transferred property, the newly created district shall be	93819
deemed not to have any ~~machinery and equipment, inventory,~~	93820
~~furniture and fixtures, or telephone property fixed-rate levy~~	93821
~~losses and the districts from which the property was transferred~~	93822
~~shall have no reduction in their machinery and equipment,~~	93823
~~inventory, furniture and fixtures, and telephone property~~	93824
~~fixed-rate levy losses~~total resources, current expense TPP	93825
allocation, total TPP allocation, or non-current expense TPP	93826
allocation.	93827

(4) If the recipient district under division (I)(2) of this	93828
section or the newly created district under division (I)(3) of	93829
this section is assuming debt from one or more of the districts	93830
from which the property was transferred and any of the districts	93831
losing the property had fixed-sum levy losses, the department of	93832
education, in consultation with the tax commissioner, shall make	93833
an equitable division of the fixed-sum levy loss reimbursements.	93834

Sec. 5751.22. (A) Not later than January 1, 2006, the tax	93835
commissioner shall compute the payments to be made to each local	93836
taxing unit for each year according to divisions (A)(1), (2), (3),	93837
and (4) of this section as this section existed on that date, and	93838
shall distribute the payments in the manner prescribed by division	93839
(C) of this section. The calculation of the fixed-sum levy loss	93840
shall cover a time period sufficient to include all fixed-sum	93841
levies for which the commissioner determined, pursuant to division	93842
(E) of section 5751.20 of the Revised Code, that a fixed-sum levy	93843
loss is to be reimbursed.	93844

(1) Except as provided in division (A)~~(4)~~(3) of this section,	93845
for ~~machinery and equipment, inventory, and furniture and fixtures~~	93846
fixed-rate levy losses determined under division (D) of section	93847
5751.20 of the Revised Code, payments shall be made in an amount	93848
equal to ~~each of those losses multiplied by~~ the following:	93849

(a) For tax years 2006 through 2010, one hundred per cent of	93850
such losses;	93851

(b) For the payment in tax year 2011~~, a fraction, the~~	93852
~~numerator of which is fourteen and the denominator of which is~~	93853
~~seventeen;~~	93854

~~(c) For tax year 2012, a fraction, the numerator of which is~~	93855
~~eleven and the denominator of which is seventeen;~~	93856

~~(d) For tax year 2013, a fraction, the numerator of which is~~	93857
~~nine and the denominator of which is seventeen;~~	93858

~~(e) For tax year 2014, a fraction, the numerator of which is~~	93859
~~seven and the denominator of which is seventeen;~~	93860

~~(f) For tax year 2015, a fraction, the numerator of which is~~	93861
~~five and the denominator of which is seventeen;~~	93862

~~(g) For tax year 2016, a fraction, the numerator of which is~~	93863
~~three and the denominator of which is seventeen;~~	93864

~~(h) For tax year 2017, a fraction, the numerator of which is~~	93865
~~one and the denominator of which is seventeen;~~	93866

~~(i) For tax years 2018 and thereafter, no fixed-rate payments~~	93867
~~shall be made.~~	93868

~~Any qualifying levy that is a fixed-rate levy that is not~~	93869
~~applicable to a tax year after 2010 shall not qualify for any~~	93870
~~reimbursement after the tax year to which it is last applicable.~~	93871

~~(2) Except as provided in division (A)(4) of this section,~~	93872
~~for telephone property fixed-rate levy losses determined under~~	93873
~~division (D)(4) of section 5751.20 of the Revised Code, payments~~	93874
~~shall be made in an amount equal to each of those losses~~	93875
~~multiplied by the following:~~	93876

~~(a) For tax years 2009 through 2011, one hundred per cent;~~

93877

~~(b) For tax year 2012, seven-eighths;~~

93878

~~(c) For tax year 2013, six-eighths;~~

93879

~~(d) For tax year 2014, five-eighths;~~

93880

~~(e) For tax year 2015, four-eighths;~~

93881

~~(f) For tax year 2016, three-eighths;~~

93882

~~(g) For tax year 2017, two-eighths;~~

93883

~~(h) For tax year 2018, one-eighth;~~

93884

~~(i) For tax years 2019 and thereafter, no fixed-rate payments~~	93885
~~shall be made~~to be made on or before the twentieth day of	93886
November, the sum of the amount in division (A)(1)(b)(i) or (ii)	93887
and division (A)(1)(b)(iii) of this section:	93888

(i) If the ratio of six-sevenths of the TPP allocation to	93889
total resources is equal to or less than the threshold per cent,	93890
zero;	93891

(ii) If the ratio of six-sevenths of the TPP allocation to	93892
total resources is greater than the threshold per cent, the	93893
difference of six-sevenths of the TPP allocation minus the product	93894
of total resources multiplied by the threshold per cent;	93895

(iii) In the case of a municipal corporation, six-sevenths of	93896
the product of the non-current expense TPP allocation multiplied	93897
by seventy-five per cent.	93898

(c) For tax years 2012 and thereafter, the sum of the amount	93899
in division (A)(1)(c)(i) or (ii) and division (A)(1)(c)(iii) of	93900
this section:	93901

(i) If the ratio of TPP allocation to total resources is	93902
equal to or less than the threshold per cent, zero;	93903

(ii) If the ratio of TPP allocation to total resources is	93904
greater than the threshold per cent, the TPP allocation minus the	93905
product of total resources multiplied by the threshold per cent;	93906

(iii) In the case of a municipal corporation, non-current	93907
expense TPP allocation multiplied by fifty per cent for tax year	93908
2012 and twenty-five per cent for tax years 2013 and thereafter.	93909

~~Any qualifying levy that is a fixed-rate levy that is not~~	93910
~~applicable to a tax year after 2011 shall not qualify for any~~	93911
~~reimbursement after the tax year to which it is last applicable.~~	93912

~~(3)~~(2) For fixed-sum levy losses determined under division	93913
(E) of section 5751.20 of the Revised Code, payments shall be made	93914
in the amount of one hundred per cent of the fixed-sum levy loss	93915
for payments required to be made in 2006 and thereafter until the	93916
qualifying levy has expired.	93917

~~(4)~~(3) For taxes levied within the ten-mill limitation or	93918
pursuant to a municipal charter for debt purposes in tax year	93919
2005, payments shall be made based on the schedule in division	93920
(A)(1) of this section for each of the calendar years 2006 through	93921
2010. For each of the calendar years 2011 through 2017, the	93922
percentages for calendar year 2010 shall be used for taxes levied	93923
within the ten-mill limitation or pursuant to a municipal charter	93924
for debt purposes in tax year 2010, as long as ~~the qualifying levy~~	93925
~~continues~~such levies continue to be used for debt purposes. If	93926
the purpose of such a qualifying levy is changed, that levy	93927
becomes subject to the payment schedules in divisions (A)(1)(a) to	93928
(h) of this section. No payments shall be made for such levies	93929
after calendar year 2017. For the purposes of this division, taxes	93930
levied pursuant to a municipal charter refer to taxes levied	93931
pursuant to a provision of a municipal charter that permits the	93932
tax to be levied without prior voter approval.	93933

(B) Beginning in 2007, by the thirty-first day of January of	93934
each year, the tax commissioner shall review the calculation	93935
originally made under division (A) of this section of the	93936
fixed-sum levy losses determined under division (E) of section	93937
5751.20 of the Revised Code. If the commissioner determines that a	93938
fixed-sum levy that had been scheduled to be reimbursed in the	93939
current year has expired, a revised calculation for that and all	93940
subsequent years shall be made.	93941

(C) Payments to local taxing units required to be made under	93942
division (A) of this section shall be paid from the local	93943
government tangible property tax replacement fund to the county	93944
undivided income tax fund in the proper county treasury. ~~Beginning~~	93945
inFrom May 2006 through November 2010, one-seventh of the amount	93946
~~certified~~determined under that division shall be paid by the last	93947
day of May each year, and three-sevenths shall be paid by the last	93948
day of August and October each year. From May 2011 through	93949
November 2013, one-seventh of the amount determined under that	93950
division shall be paid on or before the last day of May each year,	93951
and six-sevenths shall be paid on or before the twentieth day of	93952
November each year, except that in November 2011, the payment	93953
shall equal one hundred per cent of the amount calculated for that	93954
payment. Beginning in May 2014, one-half of the amount determined	93955
under that division shall be paid on or before the last day of May	93956
each year, and one-half shall be paid on or before the twentieth	93957
day of November each year. Within ~~forty-five~~forty days after	93958
receipt of such payments, the county treasurer shall distribute	93959
amounts determined under division (A) of this section to the	93960
proper local taxing unit as if they had been levied and collected	93961
as taxes, and the local taxing unit shall apportion the amounts so	93962
received among its funds in the same proportions as if those	93963
amounts had been levied and collected as taxes.	93964

(D) For each of the fiscal years 2006 through ~~2019~~2018, if	93965
the total amount in the local government tangible property tax	93966
replacement fund is insufficient to make all payments under	93967
division (C) of this section at the times the payments are to be	93968
made, the director of budget and management shall transfer from	93969
the general revenue fund to the local government tangible property	93970
tax replacement fund the difference between the total amount to be	93971
paid and the amount in the local government tangible property tax	93972
replacement fund. For each fiscal year after ~~2019~~2018, at the	93973
time payments under division (A)(2) of this section are to be	93974
made, the director of budget and management shall transfer from	93975
the general revenue fund to the local government property tax	93976
replacement fund the amount necessary to make such payments.	93977

(E) On the fifteenth day of June of each year from 2006	93978
through 2018, the director of budget and management may transfer	93979
any balance in the local government tangible property tax	93980
replacement fund to the general revenue fund.	93981

(F) If all or a part of the territories of two or more local	93982
taxing units are merged, or unincorporated territory of a township	93983
is annexed by a municipal corporation, the tax commissioner shall	93984
adjust the payments made under this section to each of the local	93985
taxing units in proportion to the ~~tax value loss apportioned to~~	93986
square mileage of the merged or annexed territory as a percentage	93987
of the total square mileage of the jurisdiction from which the	93988
territory originated, or as otherwise provided by a written	93989
agreement between the legislative authorities of the local taxing	93990
units certified to the commissioner not later than the first day	93991
of June of the calendar year in which the payment is to be made.	93992

Sec. 5751.23. (A) As used in this section:

93993

(1) "Administrative fees" means the dollar percentages	93994
allowed by the county auditor for services or by the county	93995
treasurer as fees, or paid to the credit of the real estate	93996
assessment fund, under divisions (A) and (C) of section 319.54 and	93997
division (A) of section 321.26 of the Revised Code.	93998

(2) "Administrative fee loss" means a county's loss of	93999
administrative fees due to its tax value loss, determined as	94000
follows:	94001

(a) For purposes of the determination made under division (B)	94002
of this section in the years 2006 through 2010, the administrative	94003
fee loss shall be computed by multiplying the amounts determined	94004
for all taxing districts in the county under divisions (D) and (E)	94005
of section 5751.20 of the Revised Code by nine thousand six	94006
hundred fifty-nine ten-thousandths of one per cent if total taxes	94007
collected in the county in 2004 exceeded one hundred fifty million	94008
dollars, or one and one thousand one hundred fifty-nine	94009
ten-thousandths of one per cent if total taxes collected in the	94010
county in 2004 were one hundred fifty million dollars or less;	94011

(b) For purposes of the determination under division (B) of	94012
this section in the years after 2010, the administrative fee	94013
~~losses shall be determined by multiplying~~loss equals	94014
fourteen-seventeenths of the administrative fee ~~losses~~loss	94015
calculated for 2010 ~~by the fractions in divisions (A)(1)(b) to (i)~~	94016
~~of section 5751.22 of the Revised Code~~multiplied by the following	94017
percentages: 100% for 2011, 80% for 2012, 60% for 2013, 40% for	94018
2014, 20% for 2015, and 0% for 2016.	94019

(3) "Total taxes collected" means all money collected on any	94020
tax duplicate of the county, other than the estate tax duplicates.	94021
"Total taxes collected" does not include amounts received pursuant	94022
to divisions (F) and (G) of section 321.24 or section 323.156 of	94023
the Revised Code.	94024

(B) Not later than December 31, 2005, the tax commissioner	94025
shall certify to each county auditor the tax levy losses	94026
calculated under divisions (D) and (E) of section 5751.20 of the	94027
Revised Code for each school district, joint vocational school	94028
district, and local taxing unit in the county. Not later than the	94029
thirty-first day of January of 2006 through ~~2017~~2015, the county	94030
auditor shall determine the administrative fee loss for the county	94031
and apportion that loss ratably among the school districts, joint	94032
vocational school districts, and local taxing units on the basis	94033
of the tax levy losses certified under this division.	94034

(C) On or before each of the days prescribed for the	94035
settlements under divisions (A) and (C) of section 321.24 of the	94036
Revised Code in the years 2006 through ~~2017~~2015, the county	94037
treasurer shall deduct one-half of the amount apportioned to each	94038
school district, joint vocational school district, and local	94039
taxing unit from the portions of revenue payable to them.	94040

(D) On or before each of the days prescribed for settlements	94041
under divisions (A) and (C) of section 321.24 of the Revised Code	94042
in the years 2006 through ~~2017~~2015, the county auditor shall	94043
cause to be deposited an amount equal to one-half of the amount of	94044
the administrative fee loss in the same funds as if allowed as	94045
administrative fees.	94046

Sec. 5751.50. (A) For tax periods beginning on or after	94047
January 1, 2008, a refundable credit granted by the tax credit	94048
authority under section 122.17 or division (B)(2) or (3) of	94049
section 122.171 of the Revised Code may be claimed under this	94050
chapter in the order required under section 5751.98 of the Revised	94051
Code. For purposes of making tax payments under this chapter,	94052
taxes equal to the amount of the refundable credit shall be	94053
considered to be paid to this state on the first day of the tax	94054
period. A credit claimed in calendar year 2008 may not be applied	94055
against the tax otherwise due for a tax period beginning before	94056
July 1, 2008. The refundable credit shall not be claimed against	94057
the tax otherwise due for any tax period beginning after the date	94058
on which a relocation of employment positions occurs in violation	94059
of an agreement entered into under section 122.17 or 122.171 of	94060
the Revised Code.	94061

(B) For tax periods beginning on or after January 1, 2008, a	94062
nonrefundable credit granted by the tax credit authority under	94063
division (B)(1) of section 122.171 of the Revised Code may be	94064
claimed under this chapter in the order required under section	94065
5751.98 of the Revised Code. A credit claimed in calendar year	94066
2008 may not be applied against the tax otherwise due under this	94067
chapter for a tax period beginning before July 1, 2008. The credit	94068
shall not be claimed against the tax otherwise due for any tax	94069
period beginning after the date on which a relocation of	94070
employment positions occurs in violation of an agreement entered	94071
into under section 122.17 or 122.171 of the Revised Code. No	94072
credit shall be allowed under this chapter if the credit was	94073
available against the tax imposed by section 5733.06 or 5747.02 of	94074
the Revised Code, except to the extent the credit was not applied	94075
against such tax.	94076

Sec. 5753.01. As used in Chapter 5753. of the Revised Code	94077
and for no other purpose under Title LVII of the Revised Code:	94078

(A) "Casino facility" has the same meaning as in section	94079
3772.01 of the Revised Code.	94080

(B) "Casino gaming" has the same meaning as in section	94081
3772.01 of the Revised Code.	94082

(C) "Casino operator" has the same meaning as in section	94083
3772.01 of the Revised Code.	94084

(D) "Gross casino revenue" means the total amount of money	94085
exchanged for the purchase of chips, tokens, tickets, electronic	94086
cards, or similar objects by casino patrons, less winnings paid to	94087
wagerers. "Gross casino revenue" does not mean, and has no	94088
relation to or effect on, a casino operator's "gross receipts" as	94089
defined in division (F) of section 5751.01 of the Revised Code.	94090

(E) "Person" has the same meaning as in section 3772.01 of	94091
the Revised Code.	94092

(F) "Slot machine" has the same meaning as in section 3772.01	94093
of the Revised Code.	94094

(G) "Table game" has the same meaning as in section 3772.01	94095
of the Revised Code.	94096

(H) "Tax period" means one twenty-four-hour period with	94097
regard to which a casino operator is required to pay the tax	94098
levied by this chapter.	94099

Sec. 6103.04. (A) Whenever any portion of a county sewer	94100
district is incorporated as, or annexed to, a municipal	94101
corporation, the area so incorporated or annexed shall remain	94102
under the jurisdiction of the board of county commissioners for	94103
purposes of the acquisition and construction of water supply	94104
improvements until all of the improvements for the area for which	94105
a resolution described in division (A) or (E) of section 6103.05	94106
of the Revised Code has been adopted by the board have been	94107
acquired or completed or until the board has abandoned the	94108
improvements. The board, unless and until a conveyance is made to	94109
a municipal corporation in accordance with division (B) of this	94110
section, shall continue to have jurisdiction in the area so	94111
incorporated or annexed with respect to the management,	94112
maintenance, and operation of all water supply improvements so	94113
acquired or completed, or previously acquired or completed,	94114
including the right to establish rules and rates and charges for	94115
the use of, and connections to, the improvements. The	94116
incorporation or annexation of any part of a district shall not	94117
affect the legality or enforceability of any public obligations	94118
issued or incurred by the county for purposes of this chapter to	94119
provide for the payment of the cost of acquisition, construction,	94120
maintenance, or operation of any water supply improvements within	94121
the area, or the validity of any assessments levied or to be	94122
levied upon properties within the area to provide for the payment	94123
of the cost of acquisition, construction, maintenance, or	94124
operation of the improvements.	94125

(B) ~~Any~~A board may convey, by mutual agreement, to a	94126
municipal corporation any of the following:	94127

(1) Any completed water supply facilities acquired or	94128
constructed by a county under this chapter for the use of, or	94129
service of property located in, any county sewer district, or any	94130
part of those facilities, that are located within athe municipal	94131
corporation or within any area that is incorporated as, or annexed	94132
to, athe municipal corporation~~, or any~~;	94133

(2) Any part of the water supply facilities that provide	94134
water for athe municipal corporation or ~~such an area, may be~~	94135
~~conveyed, by mutual agreement between the board and the municipal~~	94136
~~corporation, to the municipal corporation on~~any area that is	94137
incorporated as, or annexed to, the municipal corporation;	94138

(3) Any part of the water supply facilities that are	94139
connected to water supply facilities of the municipal corporation.	94140

The conveyance shall be completed with terms and for	94141
consideration as may be negotiated. Upon and after the conveyance,	94142
the municipal corporation shall manage, maintain, and operate the	94143
facilities in accordance with the agreement. The board may retain	94144
the right to joint use of all or part of any facilities so	94145
conveyed for the benefit of the district. Neither the validity of	94146
any assessment levied or to be levied, nor the legality or	94147
enforceability of any public obligations issued or incurred, to	94148
provide for the payment of the cost of the acquisition,	94149
construction, maintenance, or operation of the facilities or any	94150
part of them shall be affected by the conveyance.	94151

Sec. 6109.21. (A) Except as provided in divisions (D) and	94152
(E) of this section, on and after January 1, 1994, no person shall	94153
operate or maintain a public water system in this state without a	94154
license issued by the director of environmental protection. A	94155
person who operates or maintains a public water system on January	94156
1, 1994, shall obtain an initial license under this section in	94157
accordance with the following schedule:	94158

(1) If the public water system is a community water system,	94159
not later than January 31, 1994;	94160

(2) If the public water system is not a community water	94161
system and serves a nontransient population, not later than	94162
January 31, 1994;	94163

(3) If the public water system is not a community water	94164
system and serves a transient population, not later than January	94165
31, 1995.	94166

A person proposing to operate or maintain a new public water	94167
system after January 1, 1994, in addition to complying with	94168
section 6109.07 of the Revised Code and rules adopted under it,	94169
shall submit an application for an initial license under this	94170
section to the director prior to commencing operation of the	94171
system.	94172

A license or license renewal issued under this section shall	94173
be renewed annually. Such a license or license renewal shall	94174
expire on the thirtieth day of January in the year following its	94175
issuance. A license holder that proposes to continue operating the	94176
public water system for which the license or license renewal was	94177
issued shall apply for a license renewal at least thirty days	94178
prior to that expiration date.	94179

The director shall adopt, and may amend and rescind, rules in	94180
accordance with Chapter 119. of the Revised Code establishing	94181
procedures governing and information to be included on	94182
applications for licenses and license renewals under this section.	94183
Through June 30, ~~2012~~2014, each application shall be accompanied	94184
by the appropriate fee established under division (M) of section	94185
3745.11 of the Revised Code, provided that an applicant for an	94186
initial license who is proposing to operate or maintain a new	94187
public water system after January 1, 1994, shall submit a fee that	94188
equals a prorated amount of the appropriate fee established under	94189
that division for the remainder of the licensing year.	94190

(B) Not later than thirty days after receiving a completed	94191
application and the appropriate license fee for an initial license	94192
under division (A) of this section, the director shall issue the	94193
license for the public water system. Not later than thirty days	94194
after receiving a completed application and the appropriate	94195
license fee for a license renewal under division (A) of this	94196
section, the director shall do one of the following:	94197

(1) Issue the license renewal for the public water system;

94198

(2) Issue the license renewal subject to terms and conditions	94199
that the director determines are necessary to ensure compliance	94200
with this chapter and rules adopted under it;	94201

(3) Deny the license renewal if the director finds that the	94202
public water system was not operated in substantial compliance	94203
with this chapter and rules adopted under it.	94204

(C) The director may suspend or revoke a license or license	94205
renewal issued under this section if the director finds that the	94206
public water system was not operated in substantial compliance	94207
with this chapter and rules adopted under it. The director shall	94208
adopt, and may amend and rescind, rules in accordance with Chapter	94209
119. of the Revised Code governing such suspensions and	94210
revocations.	94211

(D)(1) As used in division (D) of this section, "church"	94212
means a fellowship of believers, congregation, society,	94213
corporation, convention, or association that is formed primarily	94214
or exclusively for religious purposes and that is not formed or	94215
operated for the private profit of any person.	94216

(2) This section does not apply to a church that operates or	94217
maintains a public water system solely to provide water for that	94218
church or for a campground that is owned by the church and	94219
operated primarily or exclusively for members of the church and	94220
their families. A church that, on or before March 5, 1996, has	94221
obtained a license under this section for such a public water	94222
system need not obtain a license renewal under this section.	94223

(E) This section does not apply to any public or nonpublic	94224
school that meets minimum standards of the state board of	94225
education that operates or maintains a public water system solely	94226
to provide water for that school.	94227

(F) The environmental protection agency shall collect well	94228
log filing fees on behalf of the division of soil and water	94229
resources in the department of natural resources in accordance	94230
with section 1521.05 of the Revised Code and rules adopted under	94231
it. The fees shall be submitted to the division quarterly as	94232
provided in those rules.	94233

Sec. 6111.038. There is hereby created in the state treasury	94234
the surface water protection fund, consisting of moneys	94235
distributed to it. The director of environmental protection shall	94236
use moneys in the fund solely for administration and	94237
implementation of surface water protection programs, including at	94238
least programs required under the "Federal Water Pollution Control	94239
Act" and programs necessary to carry out the purposes of this	94240
chapter. Those programs shall include at least the development of	94241
water quality standards; the development of wasteload allocations;	94242
the establishment of water quality-based effluent limits; the	94243
monitoring and analysis of chemical, physical, and biological	94244
surface water quality; the issuance, modification, and renewal of	94245
NPDES permits and permits to install; the ensurance of compliance	94246
with permit conditions; the management and oversight of	94247
pretreatment programs; the provision of technical assistance to	94248
publicly owned treatment works; and the administration of the	94249
water pollution control loan fund created in section 6111.036 of	94250
the Revised Code.	94251

~~Moneys in the fund shall not be used to meet any state~~	94252
~~matching requirements that are necessary to obtain federal grants.~~	94253

Sec. 6111.044. Upon receipt of an application for an	94254
injection well drilling permit, an injection well operating	94255
permit, a renewal of an injection well operating permit, or a	94256
modification of an injection well drilling permit, operating	94257
permit, or renewal of an operating permit, the director of	94258
environmental protection shall determine whether the application	94259
is complete and demonstrates that the activities for which the	94260
permit, renewal permit, or modification is requested will comply	94261
with the Federal Water Pollution Control Act and regulations	94262
adopted under it; the "Safe Drinking Water Act," 88 Stat. 1661	94263
(1974), 42 U.S.C.A. 300(f), as amended, and regulations adopted	94264
under it; and this chapter and the rules adopted under it. If the	94265
application demonstrates that the proposed activities will not	94266
comply or will pose an unreasonable risk of inducing seismic	94267
activity, inducing geologic fracturing, or contamination of an	94268
underground source of drinking water, the director shall deny the	94269
application. If the application does not make the required	94270
demonstrations, the director shall return it to the applicant with	94271
an indication of those matters about which a required	94272
demonstration was not made. If the director determines that the	94273
application makes the required demonstrations, the director shall	94274
transmit copies of the application and all of the accompanying	94275
maps, data, samples, and information to the chief of the division	94276
of ~~mineral~~oil and gas resources management, the chief of the	94277
division of geological survey, ~~and~~ the chief of the division of	94278
soil and water resources, and, if the well is or is to be located	94279
in a coal bearing township designated under section 1561.06 of the	94280
Revised Code, the chief of the division of mineral resources	94281
management in the department of natural resources.	94282

The chief of the division of geological survey shall comment	94283
upon the application if the chief determines that the proposed	94284
well or injection will present an unreasonable risk of loss or	94285
damage to valuable mineral resources. If the chief submits	94286
comments on the application, those comments shall be accompanied	94287
by an evaluation of the geological factors upon which the comments	94288
are based, including fractures, faults, earthquake potential, and	94289
the porosity and permeability of the injection zone and confining	94290
zone, and by the documentation supporting the evaluation. The	94291
director shall take into consideration the chief's comments, and	94292
the accompanying evaluation of geologic factors and supporting	94293
documentation, when considering the application. The director	94294
shall provide written notice to the chief of the director's	94295
decision on the application and, if the chief's comments are not	94296
included in the permit, renewal permit, or modification, of the	94297
director's rationale for not including them.	94298

The chief of the division of ~~mineral~~oil and gas resources	94299
management shall comment upon the application if the chief	94300
determines that the proposed well or injection will present an	94301
unreasonable risk that waste or contamination of recoverable oil	94302
or gas in the earth will occur. If the chief submits comments on	94303
the application, those comments shall be accompanied by an	94304
evaluation of the oil or gas reserves that, in the best	94305
professional judgment of the chief, are recoverable and will be	94306
adversely affected by the proposed well or injection, and by the	94307
documentation supporting the evaluation. The director shall take	94308
into consideration the chief's comments, and the accompanying	94309
evaluation and supporting documentation, when considering the	94310
application. The director shall provide written notice to the	94311
chief of the director's decision on the application and, if the	94312
chief's comments are not included in the permit, renewal permit,	94313
or modification, of the director's rationale for not including	94314
them.	94315

The chief of the division of soil and water resources shall	94316
assist the director in determining whether all underground sources	94317
of drinking water in the area of review of the proposed well or	94318
injection have been identified and correctly delineated in the	94319
application. If the application fails to identify or correctly	94320
delineate an underground source of drinking water, the chief shall	94321
provide written notice of that fact to the director.	94322

The chief of the division of mineral resources management	94323
~~also~~ shall review the application as follows:	94324

If the application concerns the drilling or conversion of a	94325
well or the injection into a well that is not or is not to be	94326
located within five thousand feet of the excavation and workings	94327
of a mine, the chief of the division of mineral resources	94328
management shall note upon the application that it has been	94329
examined by the division of mineral resources management, retain a	94330
copy of the application and map, and immediately return a copy of	94331
the application to the director.	94332

If the application concerns the drilling or conversion of a	94333
well or the injection into a well that is or is to be located	94334
within five thousand feet, but more than five hundred feet from	94335
the surface excavations and workings of a mine, the chief of the	94336
division of mineral resources management immediately shall notify	94337
the owner or lessee of the mine that the application has been	94338
filed and send to the owner or lessee a copy of the map	94339
accompanying the application setting forth the location of the	94340
well. The chief of the division of mineral resources management	94341
shall note on the application that the notice has been sent to the	94342
owner or lessee of the mine, retain a copy of the application and	94343
map, and immediately return a copy of the application to the	94344
director with the chief's notation on it.	94345

If the application concerns the drilling or conversion of a	94346
well or the injection into a well that is or is to be located	94347
within five thousand feet of the underground excavations and	94348
workings of a mine or within five hundred feet of the surface	94349
excavations and workings of a mine, the chief of the division of	94350
mineral resources management immediately shall notify the owner or	94351
lessee of the mine that the application has been filed and send to	94352
the owner or lessee a copy of the map accompanying the application	94353
setting forth the location of the well. If the owner or lessee	94354
objects to the application, the owner or lessee shall notify the	94355
chief of the division of mineral resources management of the	94356
objection, giving the reasons, within six days after the receipt	94357
of the notice. If the chief of the division of mineral resources	94358
management receives no objections from the owner or lessee of the	94359
mine within ten days after the receipt of the notice by the owner	94360
or lessee, or if in the opinion of the chief of the division of	94361
mineral resources management the objections offered by the owner	94362
or lessee are not sufficiently well founded, the chief shall	94363
retain a copy of the application and map and return a copy of the	94364
application to the director with any applicable notes concerning	94365
it.	94366

If the chief of the division of mineral resources management	94367
receives an objection from the owner or lessee of the mine as to	94368
the application, within ten days after receipt of the notice by	94369
the owner or lessee, and if in the opinion of the chief the	94370
objection is well founded, the chief shall disapprove the	94371
application and immediately return it to the director together	94372
with the chief's reasons for the disapproval. The director	94373
promptly shall notify the applicant for the permit, renewal	94374
permit, or modification of the disapproval. The applicant may	94375
appeal the disapproval of the application by the chief of the	94376
division of mineral resources management to the reclamation	94377
commission created under section 1513.05 of the Revised Code, and	94378
the commission shall hear the appeal in accordance with section	94379
1513.13 of the Revised Code. The appeal shall be filed within	94380
thirty days from the date the applicant receives notice of the	94381
disapproval. No comments concerning or disapproval of an	94382
application shall be delayed by the chief of the division of	94383
mineral resources management for more than fifteen days from the	94384
date of sending of notice to the mine owner or lessee as required	94385
by this section.	94386

The director shall not approve an application for an	94387
injection well drilling permit, an injection well operating	94388
permit, a renewal of an injection well operating permit, or a	94389
modification of an injection well drilling permit, operating	94390
permit, or renewal of an operating permit for a well that is or is	94391
to be located within three hundred feet of any opening of any mine	94392
used as a means of ingress, egress, or ventilation for persons	94393
employed in the mine, nor within one hundred feet of any building	94394
or flammable structure connected with the mine and actually used	94395
as a part of the operating equipment of the mine, unless the chief	94396
of the division of mineral resources management determines that	94397
life or property will not be endangered by drilling and operating	94398
the well in that location.	94399

Upon review by the chief of the division of ~~mineral~~oil and	94400
gas resources management, the chief of the division of geological	94401
survey, and the chief of the division of soil and water resources,	94402
and if the chief of the division of mineral resources management	94403
has not disapproved the application, the director shall issue a	94404
permit, renewal permit, or modification with any terms and	94405
conditions that may be necessary to comply with the Federal Water	94406
Pollution Control Act and regulations adopted under it; the "Safe	94407
Drinking Water Act," 88 Stat. 1661 (1974), 42 U.S.C.A. 300(f) as	94408
amended, and regulations adopted under it; and this chapter and	94409
the rules adopted under it. The director shall not issue a permit,	94410
renewal permit, or modification to an applicant if the applicant	94411
or persons associated with the applicant have engaged in or are	94412
engaging in a substantial violation of this chapter that is	94413
endangering or may endanger human health or the environment or if,	94414
in the case of an applicant for an injection well drilling permit,	94415
the applicant, at the time of applying for the permit, did not	94416
hold an injection well operating permit or renewal of an injection	94417
well drilling permit and failed to demonstrate sufficient	94418
expertise and competency to operate the well in compliance with	94419
the applicable provisions of this chapter.	94420

If the director receives a disapproval from the chief of the	94421
division of mineral resources management regarding an application	94422
for an injection well drilling or operating permit, renewal	94423
permit, or modification, if required, the director shall issue an	94424
order denying the application.	94425

The director need not issue a proposed action under section	94426
3745.07 of the Revised Code or hold an adjudication hearing under	94427
that section and Chapter 119. of the Revised Code before issuing	94428
or denying a permit, renewal permit, or modification of a permit	94429
or renewal permit. Before issuing or renewing a permit to drill or	94430
operate a class I injection well or a modification of it, the	94431
director shall propose the permit, renewal permit, or modification	94432
in draft form and shall hold a public hearing to receive public	94433
comment on the draft permit, renewal permit, or modification. At	94434
least fifteen days before the public hearing on a draft permit,	94435
renewal permit, or modification, the director shall publish notice	94436
of the date, time, and location of the public hearing in at least	94437
one newspaper of general circulation serving the area where the	94438
well is or is to be located. The proposing of such a draft permit,	94439
renewal permit, or modification does not constitute the issuance	94440
of a proposed action under section 3745.07 of the Revised Code,	94441
and the holding of the public hearing on such a draft permit,	94442
renewal permit, or modification does not constitute the holding of	94443
an adjudication hearing under that section and Chapter 119. of the	94444
Revised Code. Appeals of orders other than orders of the chief of	94445
the division of mineral resources management shall be taken under	94446
sections 3745.04 to 3745.08 of the Revised Code.	94447

The director may order that an injection well drilling permit	94448
or an injection well operating permit or renewal permit be	94449
suspended and that activities under it cease after determining	94450
that those activities are occurring in violation of law, rule,	94451
order, or term or condition of the permit. Upon service of a copy	94452
of the order upon the permit holder or the permit holder's	94453
authorized agent or assignee, the permit and activities under it	94454
shall be suspended immediately without prior hearing and shall	94455
remain suspended until the violation is corrected and the order of	94456
suspension is lifted. If a violation is the second within a	94457
one-year period, the director, after a hearing, may revoke the	94458
permit.	94459

The director may order that an injection well drilling permit	94460
or an injection well operating permit or renewal permit be	94461
suspended and that activities under it cease if the director has	94462
reasonable cause to believe that the permit would not have been	94463
issued if the information available at the time of suspension had	94464
been available at the time a determination was made by one of the	94465
agencies acting under authority of this section. Upon service of a	94466
copy of the order upon the permit holder or the permit holder's	94467
authorized agent or assignee, the permit and activities under it	94468
shall be suspended immediately without prior hearing, but a permit	94469
may not be suspended for that reason without prior hearing unless	94470
immediate suspension is necessary to prevent waste or	94471
contamination of oil or gas, comply with the Federal Water	94472
Pollution Control Act and regulations adopted under it; the "Safe	94473
Drinking Water Act," 88 Stat. 1661 (1974), 42 U.S.C.A. 300(f), as	94474
amended, and regulations adopted under it; and this chapter and	94475
the rules adopted under it, or prevent damage to valuable mineral	94476
resources, prevent contamination of an underground source of	94477
drinking water, or prevent danger to human life or health. If	94478
after a hearing the director determines that the permit would not	94479
have been issued if the information available at the time of the	94480
hearing had been available at the time a determination was made by	94481
one of the agencies acting under authority of this section, the	94482
director shall revoke the permit.	94483

When a permit has been revoked, the permit holder or other	94484
person responsible for it immediately shall plug the well in the	94485
manner required by the director.	94486

The director may issue orders to prevent or require cessation	94487
of violations of this section, section 6111.043, 6111.045,	94488
6111.046, or 6111.047 of the Revised Code, rules adopted under any	94489
of those sections, and terms or conditions of permits issued under	94490
any of them. The orders may require the elimination of conditions	94491
caused by the violation.	94492

Sec. 6111.46. (A) The environmental protection agency shall	94493
exercise general supervision of the treatment and disposal of	94494
sewage and industrial wastes and the operation and maintenance of	94495
works or means installed for the collection, treatment, and	94496
disposal of sewage and industrial wastes. Such general supervision	94497
shall apply to all features of construction, operation, and	94498
maintenance of the works or means that do or may affect the proper	94499
treatment and disposal of sewage and industrial wastes.	94500

(B)(1) The agency shall investigate the works or means	94501
employed in the collection, treatment, and disposal of sewage and	94502
industrial wastes whenever considered necessary or whenever	94503
requested to do so by local health officials and may issue and	94504
enforce orders and shall adopt rules governing the operation and	94505
maintenance of the works or means of treatment and disposal of	94506
such sewage and industrial wastes. In adopting rules under this	94507
section, the agency shall establish standards governing the	94508
construction, operation, and maintenance of the works or means of	94509
collection, treatment, and disposal of sewage that is generated at	94510
recreational vehicle parks, recreation camps, combined park-camps,	94511
and temporary park-camps that are separate from such standards	94512
relative to manufactured home parks.	94513

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

94514

(a) "Manufactured home parks" has the same meaning as in	94515
section ~~3733.01~~4781.01 of the Revised Code.	94516

(b) "Recreational vehicle parks," "recreation camps,"	94517
"combined park-camps," and "temporary park-camps" have the same	94518
meanings as in section 3729.01 of the Revised Code.	94519

(C) The agency may require the submission of records and data	94520
of construction, operation, and maintenance, including plans and	94521
descriptions of existing works or means of treatment and disposal	94522
of such sewage and industrial wastes. When the agency requires the	94523
submission of such records or information, the public officials or	94524
person, firm, or corporation having the works in charge shall	94525
comply promptly with that order.	94526

Sec. 6115.20. (A) When it is determined to let the work	94527
relating to the improvements for which a sanitary district was	94528
established by contract, contracts in amounts to exceed ten	94529
thousand dollars shall be advertised after notice calling for bids	94530
has been published once a week for five consecutive weeks	94531
completed on the date of last publication, in at least one	94532
newspaper of general circulation within the sanitary district	94533
where the work is to be done. The board of directors of the	94534
sanitary district shall let bids as provided in this section or,	94535
if applicable, section 9.312 of the Revised Code. If the bids are	94536
for a contract for the construction, demolition, alteration,	94537
repair, or reconstruction of an improvement, the board of	94538
directors of the sanitary district shall let the contract to the	94539
lowest or best bidder who meets the requirements of section 153.54	94540
of the Revised Code. If the bids are for a contract for any other	94541
work relating to the improvements for which a sanitary district	94542
was established, the board of directors of the sanitary district	94543
shall let the contract to the lowest or best bidder who gives a	94544
good and approved bond, with ample security, conditioned on the	94545
carrying out of the contract and the payment for all labor and	94546
material. The contract shall be in writing and shall be	94547
accompanied by or shall refer to plans and specifications for the	94548
work to be done prepared by the chief engineer. The plans and	94549
specifications at all times shall be made and considered a part of	94550
the contract. The contract shall be approved by the board and	94551
signed by the president of the board and by the contractor and	94552
shall be executed in duplicate. In case of emergency the	94553
advertising of contracts may be waived upon the consent of the	94554
board with the approval of the court or judge in vacation.	94555

(B) In the case of a sanitary district organized wholly for	94556
the purpose of providing a water supply for domestic, municipal,	94557
and public use that includes two municipal corporations in two	94558
counties, any service to be purchased, including the services of	94559
an accountant, architect, attorney at law, physician, or	94560
professional engineer, at a cost in excess of ten thousand dollars	94561
shall be obtained in the manner provided in sections 153.65 to	94562
~~153.71~~153.73 of the Revised Code. For the purposes of the	94563
application of those sections to division (B) of this section, all	94564
of the following apply:	94565

(1) "Public authority," as used in those sections, shall be	94566
deemed to mean a sanitary district organized wholly for the	94567
purpose of providing a water supply for domestic, municipal, and	94568
public use that includes two municipal corporations in two	94569
counties;	94570

(2) "Professional design firm," as used in those sections,	94571
shall be deemed to mean any person legally engaged in rendering	94572
professional design services as defined in division (B)(3) of this	94573
section;	94574

(3) "Professional design services," as used in those	94575
sections, shall be deemed to mean accounting, architectural,	94576
legal, medical, or professional engineering services;	94577

(4) The use of other terms in those sections shall be adapted	94578
accordingly, including, without limitation, for the purposes of	94579
division (D)~~(2)~~ of section 153.67 of the Revised Code;	94580

(5) Divisions (A) to (C) of section 153.71 of the Revised	94581
Code do not apply.	94582

(C) The board of directors of a district organized wholly for	94583
the purpose of providing a water supply for domestic, municipal,	94584
and public use may contract for, purchase, or otherwise procure	94585
for the benefit of employees of the district and pay all or any	94586
part of the cost of group insurance policies that may provide	94587
benefits, including, but not limited to, hospitalization, surgical	94588
care, major medical care, disability, dental care, vision care,	94589
medical care, hearing aids, or prescription drugs. Any group	94590
insurance policy purchased under this division shall be purchased	94591
from the health care corporation that the board of directors	94592
determines offers the most cost-effective group insurance policy.	94593

Sec. 6117.05. (A) Whenever any portion of a sewer district	94594
is incorporated as, or annexed to, a municipal corporation, the	94595
area so incorporated or annexed shall remain under the	94596
jurisdiction of the board of county commissioners for purposes of	94597
the acquisition and construction of sanitary and drainage facility	94598
and prevention or replacement facility improvements until all of	94599
those improvements for the area for which a resolution described	94600
in division (A) or (E) of section 6117.06 of the Revised Code has	94601
been adopted by the board have been acquired or completed or until	94602
the board has abandoned the improvements. The board, unless and	94603
until a conveyance is made to a municipal corporation in	94604
accordance with division (B) of this section, shall continue to	94605
have jurisdiction in the area so incorporated or annexed with	94606
respect to the management, maintenance, and operation of all	94607
sanitary and drainage facilities and prevention or replacement	94608
facilities so acquired or completed, or previously acquired or	94609
completed, including the right to establish rules and rates and	94610
charges for the use of, and connections to, the facilities. The	94611
incorporation or annexation of any part of a district shall not	94612
affect the legality or enforceability of any public obligations	94613
issued or incurred by the county for purposes of this chapter to	94614
provide for the payment of the cost of acquisition, construction,	94615
maintenance, or operation of any sanitary or drainage facilities	94616
or prevention or replacement facilities within the area, or the	94617
validity of any assessments levied or to be levied upon properties	94618
within the area to provide for the payment of the cost of	94619
acquisition, construction, maintenance, or operation of the	94620
facilities.	94621

(B) ~~Any~~A board may convey, by mutual agreement, to a	94622
municipal corporation any of the following:	94623

(1) Any completed sanitary or drainage facilities or	94624
prevention or replacement facilities acquired or constructed by a	94625
county under this chapter for the use of, or service of property	94626
located in, any county sewer district, or any part of those	94627
facilities, that are located within athe municipal corporation	94628
or within any area that is incorporated as, or annexed to, athe	94629
municipal corporation~~, or any~~;	94630

(2) Any part of the sanitary, drainage, prevention, or	94631
replacement facilities that serve athe municipal corporation or	94632
~~such an area, may be conveyed, by mutual agreement between the~~	94633
~~board and the municipal corporation, to the municipal corporation~~	94634
onany area that is incorporated as, or annexed to, the municipal	94635
corporation;	94636

(3) Any part of the sanitary, drainage, prevention, or	94637
replacement facilities that are connected to facilities of the	94638
municipal corporation.	94639

The conveyance shall be completed with terms and for	94640
consideration as may be negotiated. Upon and after the conveyance,	94641
the municipal corporation shall manage, maintain, and operate the	94642
facilities in accordance with the agreement. The board may retain	94643
the right to joint use of all or part of any facilities so	94644
conveyed for the benefit of the district. Neither the validity of	94645
any assessment levied or to be levied, nor the legality or	94646
enforceability of any public obligations issued or incurred, to	94647
provide for the payment of the cost of the acquisition,	94648
construction, maintenance, or operation of the facilities or any	94649
part of them, shall be affected by the conveyance.	94650

Section 101.02. That existing sections 7.10, 7.11, 7.12,	94651
9.03, 9.06, 9.231, 9.24, 9.33, 9.331, 9.332, 9.333, 101.15,	94652
102.02, 105.41, 107.09, 109.02, 109.36, 109.42, 109.57, 109.572,	94653
111.12, 111.15, 111.16, 111.18, 117.101, 117.13, 118.023, 118.04,	94654
118.05, 118.06, 118.12, 118.99, 121.03, 121.04, 121.22, 121.37,	94655
121.40, 121.401, 121.402, 121.403, 121.404, 122.085, 122.088,	94656
122.0810, 122.0816, 122.0819, 122.171, 122.65, 122.652, 122.653,	94657
122.657, 122.76, 123.011, 124.09, 124.23, 124.231, 124.24, 124.25,	94658
124.26, 124.27, 124.31, 124.34, 124.393, 125.021, 125.15, 125.18,	94659
125.28, 125.89, 126.12, 126.21, 126.24, 126.50, 127.16, 131.44,	94660
131.51, 133.06, 133.20, 135.61, 135.65, 135.66, 145.27, 149.01,	94661
149.091, 149.11, 149.311, 153.01, 153.02, 153.03, 153.07, 153.08,	94662
153.50, 153.51, 153.52, 153.54, 153.56, 153.57, 153.581, 153.65,	94663
153.66, 153.67, 153.69, 153.70, 153.71, 153.80, 154.02, 154.07,	94664
164.02, 164.04, 164.05, 164.051, 164.06, 164.08, 164.14, 164.21,	94665
166.02, 173.14, 173.21, 173.26, 173.35, 173.351, 173.36, 173.391,	94666
173.40, 173.401, 173.403, 173.404, 173.42, 173.45, 173.46, 173.47,	94667
173.48, 173.501, 183.30, 183.51, 185.01, 185.03, 185.06, 185.10,	94668
307.86, 307.93, 319.301, 323.78, 340.02, 340.03, 340.05, 340.091,	94669
340.11, 341.192, 341.35, 349.01, 349.03, 349.04, 349.06, 349.07,	94670
349.09, 349.14, 505.101, 507.09, 705.16, 718.01, 742.41, 753.03,	94671
753.15, 755.16, 755.29, 901.09, 924.52, 927.69, 1309.528, 1327.46,	94672
1327.50, 1327.51, 1327.511, 1327.54, 1327.57, 1327.62, 1327.99,	94673
1329.04, 1329.42, 1332.24, 1501.022, 1501.40, 1503.05, 1505.01,	94674
1505.04, 1505.06, 1505.09, 1505.11, 1505.99, 1509.01, 1509.02,	94675
1509.021, 1509.03, 1509.04, 1509.041, 1509.05, 1509.06, 1509.061,	94676
1509.062, 1509.07, 1509.071, 1509.072, 1509.073, 1509.08, 1509.09,	94677
1509.10, 1509.11, 1509.12, 1509.13, 1509.14, 1509.15, 1509.17,	94678
1509.181, 1509.19, 1509.21, 1509.22, 1509.221, 1509.222, 1509.223,	94679
1509.224, 1509.225, 1509.226, 1509.23, 1509.24, 1509.25, 1509.26,	94680
1509.27, 1509.28, 1509.29, 1509.31, 1509.32, 1509.33, 1509.34,	94681
1509.36, 1509.38, 1509.40, 1509.50, 1510.01, 1510.08, 1515.14,	94682
1517.02, 1531.04, 1541.03, 1541.05, 1551.311, 1551.32, 1551.33,	94683
1551.35, 1555.02, 1555.03, 1555.04, 1555.05, 1555.06, 1555.08,	94684
1555.17, 1561.06, 1561.12, 1561.13, 1561.35, 1561.49, 1563.06,	94685
1563.24, 1563.28, 1571.01, 1571.02, 1571.03, 1571.04, 1571.05,	94686
1571.06, 1571.08, 1571.09, 1571.10, 1571.11, 1571.14, 1571.16,	94687
1571.18, 1571.99, 1701.07, 1702.59, 1703.031, 1703.07, 1707.11,	94688
1707.17, 1728.07, 1751.01, 1751.04, 1751.11, 1751.111, 1751.12,	94689
1751.13, 1751.15, 1751.17, 1751.20, 1751.31, 1751.34, 1751.60,	94690
1761.04, 1776.83, 1785.06, 1901.18, 1909.11, 1923.01, 1923.02,	94691
1923.061, 1923.15, 2101.08, 2151.011, 2151.312, 2151.354,	94692
2151.412, 2151.421, 2151.424, 2152.26, 2152.72, 2301.03, 2301.18,	94693
2301.20, 2301.21, 2301.22, 2301.23, 2301.24, 2301.25, 2301.26,	94694
2305.01, 2317.02, 2317.422, 2319.27, 2335.05, 2335.06, 2501.16,	94695
2501.17, 2743.09, 2744.05, 2903.33, 2919.271, 2929.14, 2929.19,	94696
2929.41, 2939.11, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401,	94697
2945.402, 3109.16, 3111.04, 3113.06, 3119.54, 3121.48, 3123.44,	94698
3123.45, 3123.55, 3123.56, 3123.58, 3123.59, 3123.63, 3301.07,	94699
3301.071, 3301.079, 3301.0710, 3301.0711, 3301.0712, 3301.16,	94700
3301.162, 3301.70, 3302.02, 3302.031, 3302.05, 3302.07, 3304.181,	94701
3304.182, 3306.12, 3307.20, 3307.31, 3307.64, 3309.22, 3309.41,	94702
3309.48, 3309.51, 3310.02, 3310.03, 3310.05, 3310.08, 3310.41,	94703
3311.05, 3311.06, 3311.19, 3311.21, 3311.29, 3311.52, 3311.76,	94704
3313.29, 3313.372, 3313.41, 3313.46, 3313.55, 3313.603, 3313.61,	94705
3313.611, 3313.612, 3313.614, 3313.64, 3313.6410, 3313.65,	94706
3313.842, 3313.843, 3313.845, 3313.975, 3313.978, 3313.981,	94707
3314.01, 3314.013, 3314.015, 3314.02, 3314.021, 3314.026, 3314.03,	94708
3314.04, 3314.05, 3314.06, 3314.07, 3314.08, 3314.087, 3314.088,	94709
3314.091, 3314.10, 3314.19, 3314.20, 3314.26, 3314.35, 3314.36,	94710
3315.01, 3316.041, 3316.06, 3316.20, 3317.01, 3317.013, 3317.014,	94711
3317.018, 3317.02, 3317.021, 3317.022, 3317.023, 3317.024,	94712
3317.025, 3317.0210, 3317.0211, 3317.03, 3317.031, 3317.05,	94713
3317.051, 3317.053, 3317.06, 3317.061, 3317.07, 3317.08, 3317.081,	94714
3317.082, 3317.09, 3317.11, 3317.12, 3317.13, 3317.14, 3317.16,	94715
3317.18, 3317.19, 3317.20, 3317.201, 3318.032, 3318.05, 3318.051,	94716
3318.08, 3318.12, 3318.31, 3318.36, 3318.37, 3318.38, 3318.41,	94717
3319.02, 3319.08, 3319.088, 3319.11, 3319.111, 3319.14, 3319.16,	94718
3319.17, 3319.18, 3319.19, 3319.26, 3319.31, 3319.311, 3319.39,	94719
3319.57, 3319.71, 3323.09, 3323.091, 3323.14, 3323.142, 3323.31,	94720
3324.05, 3325.01, 3325.08, 3326.11, 3326.33, 3326.39, 3327.02,	94721
3327.04, 3327.05, 3329.08, 3331.01, 3333.03, 3333.043, 3333.31,	94722
3333.66, 3333.81, 3333.82, 3333.83, 3333.84, 3333.85, 3333.87,	94723
3333.90, 3334.19, 3345.061, 3345.14, 3353.04, 3354.16, 3357.16,	94724
3365.01, 3365.08, 3501.17, 3506.05, 3701.021, 3701.023, 3701.07,	94725
3701.61, 3701.74, 3701.83, 3702.31, 3704.06, 3704.14, 3705.24,	94726
3709.085, 3709.09, 3709.092, 3709.34, 3721.01, 3721.02, 3721.16,	94727
3721.50, 3721.51, 3721.561, 3721.58, 3722.01, 3722.011, 3722.02,	94728
3722.021, 3722.022, 3722.03, 3722.04, 3722.041, 3722.05, 3722.06,	94729
3722.07, 3722.08, 3722.09, 3722.10, 3722.11, 3722.12, 3722.13,	94730
3722.14, 3722.15, 3722.151, 3722.16, 3722.17, 3722.18, 3729.01,	94731
3733.02, 3733.021, 3733.022, 3733.024, 3733.025, 3733.03, 3733.04,	94732
3733.05, 3733.06, 3733.08, 3733.09, 3733.091, 3733.10, 3733.101,	94733
3733.11, 3733.12, 3733.121, 3733.122, 3733.123, 3733.13, 3733.14,	94734
3733.15, 3733.16, 3733.17, 3733.18, 3733.19, 3733.20, 3733.41,	94735
3733.99, 3734.02, 3734.05, 3734.06, 3734.18, 3734.19, 3734.20,	94736
3734.21, 3734.22, 3734.23, 3734.24, 3734.25, 3734.26, 3734.27,	94737
3734.28, 3734.282, 3734.57, 3734.85, 3734.901, 3737.83, 3737.841,	94738
3737.87, 3737.88, 3745.015, 3745.05, 3745.11, 3746.02, 3750.081,	94739
3769.07, 3769.08, 3769.20, 3769.26, 3770.03, 3770.05, 3772.062,	94740
3781.06, 3781.183, 3791.043, 3793.04, 3793.06, 3793.21, 3901.3814,	94741
3903.01, 3923.28, 3923.281, 3923.30, 3924.10, 3963.01, 3963.11,	94742
4113.11, 4113.61, 4115.03, 4115.033, 4115.034, 4115.04, 4115.10,	94743
4115.101, 4115.16, 4116.01, 4117.01, 4117.03, 4117.06, 4123.27,	94744
4131.03, 4141.08, 4141.11, 4141.33, 4301.12, 4301.43, 4303.02,	94745
4303.208, 4503.061, 4503.062, 4503.235, 4503.70, 4503.93,	94746
4506.071, 4507.111, 4507.164, 4511.191, 4511.193, 4517.01,	94747
4517.04, 4517.09, 4517.10, 4517.12, 4517.13, 4517.14, 4517.23,	94748
4517.24, 4517.44, 4705.021, 4709.13, 4725.34, 4725.48, 4725.50,	94749
4725.52, 4725.57, 4731.65, 4731.71, 4733.15, 4733.151, 4736.12,	94750
4757.31, 4781.01, 4781.02, 4781.04, 4781.07, 4781.09, 4781.14,	94751
4781.15, 4781.99, 4905.90, 4909.15, 4911.02, 4927.17, 4928.10,	94752
4928.18, 4929.22, 5101.16, 5101.181, 5101.182, 5101.183, 5101.244,	94753
5101.26, 5101.27, 5101.271, 5101.272, 5101.28, 5101.30, 5101.35,	94754
5101.37, 5101.46, 5101.47, 5101.571, 5101.573, 5101.58, 5101.60,	94755
5101.61, 5104.32, 5104.341, 5104.35, 5104.37, 5104.38, 5104.39,	94756
5104.42, 5104.43, 5111.012, 5111.013, 5111.0112, 5111.021,	94757
5111.023, 5111.025, 5111.031, 5111.06, 5111.113, 5111.13, 5111.14,	94758
5111.151, 5111.16, 5111.162, 5111.17, 5111.172, 5111.20, 5111.21,	94759
5111.211, 5111.222, 5111.23, 5111.231, 5111.235, 5111.24,	94760
5111.241, 5111.244, 5111.25, 5111.251, 5111.254, 5111.258,	94761
5111.261, 5111.27, 5111.28, 5111.33, 5111.35, 5111.52, 5111.54,	94762
5111.62, 5111.65, 5111.66, 5111.67, 5111.671, 5111.672, 5111.68,	94763
5111.681, 5111.687, 5111.689, 5111.709, 5111.85, 5111.871,	94764
5111.872, 5111.873, 5111.874, 5111.877, 5111.88, 5111.89,	94765
5111.891, 5111.892, 5111.894, 5111.911, 5111.912, 5111.913,	94766
5111.94, 5111.941, 5111.97, 5112.30, 5112.31, 5112.37, 5112.371,	94767
5112.39, 5112.40, 5112.41, 5112.46, 5112.99, 5119.01, 5119.02,	94768
5119.06, 5119.18, 5119.22, 5119.221, 5119.61, 5119.611, 5119.612,	94769
5119.613, 5119.62, 5119.621, 5119.99, 5120.135, 5120.17, 5120.28,	94770
5120.29, 5122.01, 5122.02, 5122.15, 5122.21, 5122.27, 5122.271,	94771
5122.29, 5122.31, 5122.32, 5123.01, 5123.0413, 5123.0417,	94772
5123.051, 5123.092, 5123.171, 5123.18, 5123.19, 5123.191,	94773
5123.194, 5123.35, 5123.352, 5123.45, 5123.60, 5123.61, 5123.63,	94774
5123.64, 5123.69, 5123.701, 5123.86, 5123.99, 5126.01, 5126.029,	94775
5126.04, 5126.042, 5126.05, 5126.054, 5126.0510, 5126.0511,	94776
5126.0512, 5126.08, 5126.11, 5126.12, 5126.23, 5126.24, 5126.33,	94777
5126.41, 5139.11, 5139.43, 5505.04, 5540.03, 5701.13, 5703.05,	94778
5703.37, 5705.14, 5705.211, 5705.392, 5707.031, 5709.07, 5709.62,	94779
5709.63, 5709.632, 5715.26, 5721.30, 5721.31, 5721.32, 5721.37,	94780
5721.38, 5721.42, 5725.151, 5725.24, 5725.98, 5727.84, 5727.85,	94781
5727.86, 5729.98, 5731.02, 5731.18, 5731.181, 5731.19, 5731.21,	94782
5731.39, 5733.0610, 5739.02, 5747.01, 5747.058, 5747.113, 5747.46,	94783
5747.51, 5751.01, 5751.011, 5751.20, 5751.21, 5751.22, 5751.23,	94784
5751.50, 5753.01, 6103.04, 6109.21, 6111.038, 6111.044, 6111.46,	94785
6115.20, and 6117.05 of the Revised Code are hereby repealed.	94786

Section 105.01. That sections 122.0818, 122.12, 122.121,	94787
122.452, 126.04, 126.501, 126.502, 126.507, 165.031, 179.01,	94788
179.02, 179.03, 179.04, 340.08, 1501.031, 1551.13, 2151.56,	94789
2151.57, 2151.58, 2151.59, 2151.60, 2151.61, 2301.19, 3123.52,	94790
3123.61, 3123.612, 3123.613, 3123.614, 3306.01, 3306.011,	94791
3306.012, 3306.02, 3306.03, 3306.04, 3306.05, 3306.051,	94792
3306.052, 3306.06, 3306.07, 3306.08, 3306.09, 3306.091,	94793
3306.10, 3306.11, 3306.13, 3306.18, 3306.19, 3306.191,	94794
3306.192, 3306.21, 3306.22, 3306.25, 3306.29, 3306.291, 3306.292,	94795
3306.30, 3306.31, 3306.33, 3306.34, 3306.35, 3306.40, 3306.51,	94796
3306.52, 3306.53, 3306.54, 3306.55, 3306.56, 3306.57, 3306.58,	94797
3306.59, 3311.059, 3314.014, 3314.016, 3314.017, 3314.025,	94798
3314.082, 3314.085, 3314.402, 3317.011, 3317.016, 3317.017,	94799
3317.0216, 3317.04, 3317.17, 3318.312, 3319.112, 3319.161,	94800
3329.16, 3349.242, 3706.042, 3721.56, 3722.99, 3733.031,	94801
3733.07, 3923.90, 3923.91, 4115.032, 4582.37, 4981.23,	94802
5101.5211, 5101.5212, 5101.5213, 5101.5214, 5101.5215,	94803
5101.5216, 5111.243, 5111.34, 5111.861, 5111.893, 5111.971,	94804
5122.36, 5123.172, 5123.181, 5123.193, 5123.211, 5123.601,	94805
5123.602, 5123.603, 5123.604, 5123.605, 5126.18, and 5126.19 of	94806
the Revised Code are hereby repealed.	94807

Section 105.10. That sections 126.60, 126.601, 126.602,	94808
126.603, 126.604, and 126.605 of the Revised Code, as enacted by	94809
this act, are hereby repealed, effective July 1, 2012.	94810

Section 120.10. That the version of section 5111.913 of the	94811
Revised Code that results from Section 101.01 of this act be	94812
amended to read as follows:	94813

Sec. 5111.913. If the department of job and family services	94814
enters into a contract with the department of alcohol and drug	94815
addiction services under section 5111.91 of the Revised Code,	94816
~~boards of alcohol, drug addiction, and mental health~~the	94817
department of job and family services shall pay the nonfederal	94818
share of any medicaid payment to a provider for services under the	94819
component, or aspect of the component, the department of alcohol	94820
and drug addiction services administers. ~~A board shall use funds~~	94821
~~allocated to the board under section 3793.04 of the Revised Code~~	94822
~~to pay the nonfederal share.~~If necessary, the director of job and	94823
family services shall submit a medicaid state plan amendment to	94824
the United States secretary of health and human services regarding	94825
the department of job and family services' duty under this	94826
section.	94827

Section 120.11. That the existing version of section 5111.913	94828
of the Revised Code that results from Section 101.01 of this act	94829
is hereby repealed.	94830

Section 120.12. That Sections 120.10 and 120.11 of this act	94831
take effect July 1, 2012.	94832

Section 201.10. Except as otherwise provided in this act,	94833
all appropriation items in this act are appropriated out of any	94834
moneys in the state treasury to the credit of the designated fund	94835
that are not otherwise appropriated. For all appropriations made	94836
in this act, the amounts in the first column are for fiscal year	94837
2012 and the amounts in the second column are for fiscal year	94838
2013.	94839

Section 203.10. ACC ACCOUNTANCY BOARD OF OHIO

94840

General Services Fund Group	94841

4J80	889601	CPA Education Assistance	$	200,000	$	200,000	94842
4K90	889609	Operating Expenses	$	977,200	$	977,500	94843
TOTAL GSF General Services Fund							94844
Group			$	1,177,200	$	1,177,500	94845
TOTAL ALL BUDGET FUND GROUPS			$	1,177,200	$	1,177,500	94846

Section 205.10. ADJ ADJUTANT GENERAL

94848

General Revenue Fund	94849

GRF	745401	Ohio Military Reserve	$	12,308	$	12,308	94850
GRF	745404	Air National Guard	$	1,810,606	$	1,810,606	94851
GRF	745407	National Guard Benefits	$	400,000	$	400,000	94852
GRF	745409	Central Administration	$	2,692,098	$	2,692,098	94853
GRF	745499	Army National Guard	$	3,687,888	$	3,689,871	94854
TOTAL GRF General Revenue Fund			$	8,602,900	$	8,604,883	94855

General Services Fund Group	94856

5340	745612	Property Operations Management	$	534,304	$	534,304	94857
5360	745605	Marksmanship Activities	$	128,600	$	128,600	94858
5360	745620	Camp Perry and Buckeye Inn Operations	$	1,178,311	$	978,846	94859
5370	745604	Ohio National Guard Facilities Maintenance	$	62,000	$	62,000	94860
TOTAL GSF General Services Fund Group			$	1,903,215	$	1,703,750	94861

Federal Special Revenue Fund Group	94862

3410	745615	Air National Guard Base Security	$	2,977,692	$	2,977,692	94863
3420	745616	Army National Guard Service Agreement	$	10,970,050	$	10,970,050	94864
3E80	745628	Air National Guard Operations and Maintenance	$	16,958,595	$	16,958,595	94865
3R80	745603	Counter Drug Operations	$	25,000	$	25,000	94866
TOTAL FED Federal Special Revenue Fund Group			$	30,931,337	$	30,931,337	94867

State Special Revenue Fund Group	94868

5U80	745613		Community Match Armories		$	250,000		$	250,000		94869
TOTAL SSR State Special Revenue Fund Group					$	250,000		$	250,000		94870

TOTAL ALL BUDGET FUND GROUPS

41,687,452

41,489,970

94871

NATIONAL GUARD BENEFITS

94872

The foregoing appropriation item 745407, National Guard	94873
Benefits, shall be used for purposes of sections 5919.31 and	94874
5919.33 of the Revised Code, and for administrative costs of the	94875
associated programs.	94876

For active duty members of the Ohio National Guard who died	94877
after October 7, 2001, while performing active duty, the death	94878
benefit, pursuant to section 5919.33 of the Revised Code, shall be	94879
paid to the beneficiary or beneficiaries designated on the	94880
member's Servicemembers' Group Life Insurance Policy.	94881

STATE ACTIVE DUTY COSTS

94882

Of the foregoing appropriation item 745409, Central	94883
Administration, $50,000 in each fiscal year shall be used for the	94884
purpose of paying expenses related to state active duty of members	94885
of the Ohio organized militia, in accordance with a proclamation	94886
of the Governor. Expenses include, but are not limited to, the	94887
cost of equipment, supplies, and services, as determined by the	94888
Adjutant General's Department.	94889

Section 207.10. DAS DEPARTMENT OF ADMINISTRATIVE SERVICES

94890

General Revenue Fund	94891

GRF	100403	Public Employees Health Care Program	$	400,000	$	400,000	94892
GRF	100415	OAKS Rental Payments	$	23,024,500	$	23,006,300	94893
GRF	100416	STARS Lease Rental Payments	$	4,970,700	$	4,971,300	94894
GRF	100418	Web Sites and Business Gateway	$	2,495,063	$	2,395,176	94895
GRF	100419	IT Security Infrastructure	$	742,535	$	742,648	94896
GRF	100439	Equal Opportunity Certification Programs	$	625,000	$	625,000	94897
GRF	100447	OBA - Building Rent Payments	$	53,260,000	$	83,504,200	94898
GRF	100448	OBA - Building Operating Payments	$	21,000,000	$	21,000,000	94899
GRF	100449	DAS - Building Operating Payments	$	7,551,245	$	7,551,571	94900
GRF	100451	Minority Affairs	$	24,016	$	24,016	94901
GRF	102321	Construction Compliance	$	920,000	$	920,000	94902
GRF	130321	State Agency Support Services	$	2,500,000	$	2,500,000	94903
TOTAL GRF General Revenue Fund			$	117,513,059	$	147,640,211	94904

General Services Fund Group	94905

1120	100616	DAS Administration	$	5,974,625	$	5,886,524	94906
1150	100632	Central Service Agency	$	911,995	$	912,305	94907
1170	100644	General Services Division - Operating	$	14,452,167	$	14,171,070	94908
1220	100637	Fleet Management	$	3,978,827	$	4,204,066	94909
1250	100622	Human Resources Division - Operating	$	16,922,295	$	16,717,009	94910
1250	100657	Benefits Communication	$	925,586	$	921,531	94911
1280	100620	Collective Bargaining	$	3,462,529	$	3,464,148	94912
1300	100606	Risk Management Reserve	$	10,349,494	$	12,149,884	94913
1310	100639	State Architect's Office	$	9,812,132	$	9,813,342	94914
1320	100631	DAS Building Management	$	16,779,091	$	16,781,574	94915
1330	100607	IT Services Delivery	$	58,088,940	$	58,103,005	94916
1880	100649	Equal Opportunity Division - Operating	$	939,559	$	863,013	94917
2100	100612	State Printing	$	28,277,561	$	28,279,452	94918
2290	100630	IT Governance	$	15,130,023	$	15,134,993	94919
2290	100640	Leveraged Enterprise Purchases	$	6,129,500	$	6,129,500	94920
4270	100602	Investment Recovery	$	5,576,230	$	5,576,664	94921
4N60	100617	Major IT Purchases	$	1,950,000	$	4,950,000	94922
4P30	100603	DAS Information Services	$	5,047,565	$	4,979,392	94923
5C20	100605	MARCS Administration	$	14,075,705	$	14,077,467	94924
5C30	100608	Skilled Trades	$	404,297	$	404,375	94925
5EB0	100635	OAKS Support Organization	$	19,000,539	$	19,003,108	94926
5EB0	100656	OAKS Updates and Developments	$	12,265,952	$	8,743,462	94927
5HU0	100655	Construction Reform Demo Compliance	$	150,000	$	150,000	94928
5L70	100610	Professional Development	$	2,496,679	$	2,496,760	94929
5V60	100619	Employee Educational Development	$	1,047,022	$	935,049	94930
5X30	100634	Centralized Gateway Enhancement	$	2,052,308	$	2,052,308	94931
TOTAL GSF General Services Fund							94932
Group			$	256,200,621	$	256,900,001	94933

Federal Special Revenue Fund Group	94934

3AJ0	100654	ARRA Broadband Mapping Grant	$	270,756	$	106,347	94935
TOTAL FED Federal Special Revenue							94936
Fund Group			$	270,756	$	106,347	94937

State Special Revenue Fund Group	94938

5JQ0	100658	Professions Licensing System	$	2,000,000	$	1,000,000	94939
TOTAL SSR State Special Revenue							94940
Fund Group			$	2,000,000	$	1,000,000	94941
TOTAL ALL BUDGET FUND GROUPS			$	375,984,436	$	405,646,559	94942

Section 207.10.10. PUBLIC EMPLOYEES HEALTH CARE PROGRAM

94944

The foregoing appropriation item 100403, Public Employees	94945
Health Care Program, shall be used by the Department of	94946
Administrative Services to carry out its duties prescribed in	94947
section 9.901 of the Revised Code.	94948

Section 207.10.20. OHIO ADMINISTRATIVE KNOWLEDGE SYSTEM

94949

The Ohio Administrative Knowledge System (OAKS) is an	94950
enterprise resource planning system that replaced the state's	94951
central services infrastructure systems, including, but not	94952
limited to, the Central Accounting System, the Human	94953
Resources/Payroll System, the Capital Improvements Projects	94954
Tracking System, the Fixed Assets Management System, and the	94955
Procurement System. The Department of Administrative Services, in	94956
conjunction with the Office of Budget and Management, may update	94957
or add functionality to the OAKS system that will support shared	94958
services, financial or human resources functions, and enterprise	94959
applications that improve the state's operational efficiency. This	94960
includes, but is not limited to, the installation and	94961
implementation of hardware and software. Any lease-purchase	94962
arrangement entered into under Chapter 125. of the Revised Code to	94963
finance the OAKS system and the enhancements described above,	94964
including any fractionalized interest therein, as defined in	94965
division (N) of section 133.01 of the Revised Code, shall provide	94966
that at the end of the lease period, the financed asset becomes	94967
the property of the state.	94968

Section 207.10.30. OAKS LEASE RENTAL PAYMENTS

94969

The foregoing appropriation item 100415, OAKS Rental	94970
Payments, shall be used for payments at the times they are	94971
required to be made for the period from July 1, 2011, through June	94972
30, 2013, pursuant to leases and agreements entered into under	94973
Chapter 125. of the Revised Code, as supplemented by Section	94974
281.10 of Am. Sub. H.B. 562 of the 127th General Assembly and	94975
other prior acts of the General Assembly, with respect to	94976
financing the costs associated with the acquisition, development,	94977
installation, and implementation of the Ohio Administrative	94978
Knowledge System. If it is determined that additional	94979
appropriations are necessary for this purpose, the amounts are	94980
hereby appropriated.	94981

Section 207.10.40. STATE TAXATION ACCOUNTING AND REVENUE	94982
SYSTEM	94983

The Department of Administrative Services, in conjunction	94984
with the Department of Taxation, may acquire the State Taxation	94985
Accounting and Revenue System (STARS) pursuant to Chapter 125. of	94986
the Revised Code, including, but not limited to, the application	94987
hardware and software and installation and implementation thereof,	94988
for the use of the Department of Taxation. STARS is an integrated	94989
tax collection and audit system that will replace all of the	94990
state's existing separate tax software and administration systems	94991
for the various taxes collected by the state. Any lease-purchase	94992
arrangement used under Chapter 125. of the Revised Code to acquire	94993
STARS, including any fractionalized interests therein as defined	94994
in division (N) of section 133.01 of the Revised Code, shall	94995
provide that at the end of the lease period, STARS becomes the	94996
property of the state.	94997

Section 207.10.50. STARS LEASE RENTAL PAYMENTS

94998

The foregoing appropriation item 100416, STARS Lease Rental	94999
Payments, shall be used for payments at the times they are	95000
required to be made for the period from July 1, 2011, through June	95001
30, 2013, pursuant to leases and agreements entered into under	95002
Chapter 125. of the Revised Code, as supplemented by Section	95003
207.10.30 of Am. Sub. H.B. 1 of the 128th General Assembly and	95004
other prior acts of the General Assembly, with respect to	95005
financing the cost for the acquisition, development, installation,	95006
and implementation of the State Taxation Accounting and Revenue	95007
System (STARS). If it is determined that additional appropriations	95008
are necessary for this purpose, the amounts are appropriated.	95009

Section 207.10.60. EQUAL OPPORTUNITY CERTIFICATION PROGRAMS

95010

The foregoing appropriation item 100439, Equal Opportunity	95011
Certification Programs, shall be used to pay costs associated with	95012
the equal employment opportunity project tracking software that	95013
were formerly paid from appropriation item 100423, EEO Project	95014
Tracking Software.	95015

Section 207.10.70. BUILDING RENT PAYMENTS

95016

The foregoing appropriation item 100447, OBA - Building Rent	95017
Payments, shall be used to meet all payments at the times they are	95018
required to be made during the period from July 1, 2011, through	95019
June 30, 2013, by the Department of Administrative Services to the	95020
Ohio Building Authority pursuant to leases and agreements under	95021
Chapter 152. of the Revised Code. These appropriations are the	95022
source of funds pledged for bond service charges on obligations	95023
issued pursuant to Chapter 152. of the Revised Code.	95024

The foregoing appropriation item 100448, OBA - Building	95025
Operating Payments, shall be used to meet all payments at the	95026
times that they are required to be made during the period from	95027
July 1, 2011, through June 30, 2013, by the Department of	95028
Administrative Services to the Ohio Building Authority pursuant to	95029
leases and agreements under Chapter 152. of the Revised Code, but	95030
limited to the aggregate amount of $42,800,000.	95031

The payments to the Ohio Building Authority are for paying	95032
the expenses of agencies that occupy space in various state	95033
facilities. The Department of Administrative Services may enter	95034
into leases and agreements with the Ohio Building Authority	95035
providing for the payment of these expenses. The Ohio Building	95036
Authority shall report to the Department of Administrative	95037
Services and the Office of Budget and Management not later than	95038
five months after the start of each fiscal year the actual	95039
expenses incurred by the Ohio Building Authority in operating the	95040
facilities and any balances remaining from payments and rentals	95041
received in the prior fiscal year. The Department of	95042
Administrative Services shall reduce subsequent payments by the	95043
amount of the balance reported to it by the Ohio Building	95044
Authority.	95045

Section 207.10.80. DAS - BUILDING OPERATING PAYMENTS

95046

The foregoing appropriation item 100449, DAS - Building	95047
Operating Payments, shall be used to pay the rent expenses of	95048
veterans organizations pursuant to section 123.024 of the Revised	95049
Code in fiscal years 2012 and 2013.	95050

The foregoing appropriation item, 100449, DAS - Building	95051
Operating Payments, also may be used to provide funding for the	95052
cost of property appraisals or building studies that the	95053
Department of Administrative Services may be required to obtain	95054
for property that is being sold by the state or property under	95055
consideration to be renovated or purchased by the state.	95056

Notwithstanding section 125.28 of the Revised Code, the	95057
remaining portion of the appropriation may be used to pay the	95058
operating expenses of state facilities maintained by the	95059
Department of Administrative Services that are not billed to	95060
building tenants. These expenses may include, but are not limited	95061
to, the costs for vacant space and space undergoing renovation,	95062
and the rent expenses of tenants that are relocated because of	95063
building renovations. These payments shall be processed by the	95064
Department of Administrative Services through intrastate transfer	95065
vouchers and placed in the Building Management Fund (Fund 1320).	95066

Section 207.10.90. CENTRAL SERVICE AGENCY FUND

95067

The appropriation item 100632, Central Service Agency, shall	95068
be used to purchase the equipment, products, and services that are	95069
needed to maintain existing automated applications for the	95070
professional licensing boards and to support board licensing	95071
functions in fiscal years 2012 and 2013 until these functions are	95072
replaced by the Ohio Professionals Licensing System. The	95073
Department of Administrative Services shall establish charges for	95074
recovering the costs of carrying out these functions. The charges	95075
shall be billed to the professional licensing boards and deposited	95076
via intrastate transfer vouchers to the credit of the Central	95077
Service Agency Fund (Fund 1150).	95078

Section 207.20.10. GENERAL SERVICE CHARGES

95079

The Department of Administrative Services, with the approval	95080
of the Director of Budget and Management, shall establish charges	95081
for recovering the costs of administering the programs funded by	95082
the General Services Fund (Fund 1170) and the State Printing Fund	95083
(Fund 2100). Such charges within Fund 1170 may be used to recover	95084
the cost of paying a vendor to establish reduced pricing for	95085
contracted supplies or services.	95086

If the Director of Administrative Services determines that	95087
additional amounts are necessary to pay for consulting and	95088
administrative costs related to securing lower pricing, the	95089
Director of Administrative Services may request that the Director	95090
of Budget and Management approve additional expenditures. Such	95091
approved additional amounts are appropriated to appropriation item	95092
100644, General Services Division-Operating.	95093

Section 207.20.20. COLLECTIVE BARGAINING ARBITRATION EXPENSES

95094

With approval of the Director of Budget and Management, the	95095
Department of Administrative Services may seek reimbursement from	95096
state agencies for the actual costs and expenses the Department	95097
incurs in the collective bargaining arbitration process. The	95098
reimbursements shall be processed through intrastate transfer	95099
vouchers and credited to the Collective Bargaining Fund (Fund	95100
1280).	95101

Section 207.20.30. EQUAL OPPORTUNITY PROGRAM

95102

The Department of Administrative Services, with the approval	95103
of the Director of Budget and Management, shall establish charges	95104
for recovering the costs of administering the activities supported	95105
by the State EEO Fund (Fund 1880). These charges shall be	95106
deposited to the credit of the State EEO Fund (Fund 1880) upon	95107
payment made by state agencies, state-supported or state-assisted	95108
institutions of higher education, and tax-supported agencies,	95109
municipal corporations, and other political subdivisions of the	95110
state, for services rendered.	95111

Section 207.20.40. INVESTMENT RECOVERY FUND

95112

Notwithstanding division (B) of section 125.14 of the Revised	95113
Code, cash balances in the Investment Recovery Fund (Fund 4270)	95114
may be used to support the operating expenses of the Federal	95115
Surplus Operating Program created in sections 125.84 to 125.90 of	95116
the Revised Code.	95117

Notwithstanding division (B) of section 125.14 of the Revised	95118
Code, cash balances in the Investment Recovery Fund may be used to	95119
support the operating expenses of the Asset Management Services	95120
Program, including, but not limited to, the cost of establishing	95121
and maintaining procedures for inventory records for state	95122
property as described in section 125.16 of the Revised Code.	95123

Of the foregoing appropriation item 100602, Investment	95124
Recovery, up to $2,092,697 in fiscal year 2012 and up to	95125
$2,092,697 in fiscal year 2013 may be used to pay the operating	95126
expenses of the State Surplus Property Program, the Surplus	95127
Federal Property Program, and the Asset Management Services	95128
Program under Chapter 125. of the Revised Code and this section.	95129
If additional appropriations are necessary for the operations of	95130
these programs, the Director of Administrative Services shall seek	95131
increased appropriations from the Controlling Board under section	95132
131.35 of the Revised Code.	95133

Of the foregoing appropriation item 100602, Investment	95134
Recovery, $3,500,000 in each fiscal year shall be used to transfer	95135
proceeds from the sale of surplus property from the Investment	95136
Recovery Fund to non-General Revenue Funds under division (A)(2)	95137
of section 125.14 of the Revised Code. If it is determined by the	95138
Director of Administrative Services that additional amounts are	95139
necessary for the transfer of such sale proceeds, the Director of	95140
Administrative Services may request the Director of Budget and	95141
Management to authorize additional amounts. Such authorized	95142
additional amounts are hereby appropriated.	95143

Section 207.20.50. DAS INFORMATION SERVICES

95144

There is hereby established in the State Treasury the DAS	95145
Information Services Fund. The foregoing appropriation item	95146
100603, DAS Information Services, shall be used to pay the costs	95147
of providing information systems and services in the Department of	95148
Administrative Services. Any state agency, board, or commission	95149
may use DAS Information Services by paying for the services	95150
rendered.	95151

The Department of Administrative Services shall establish	95152
user charges for all information systems and services that are	95153
allowable in the statewide indirect cost allocation plan submitted	95154
annually to the United States Department of Health and Human	95155
Services. These charges shall comply with federal regulations and	95156
shall be deposited to the credit of the DAS Information Services	95157
Fund (Fund 4P30).	95158

Section 207.20.60. PROFESSIONAL DEVELOPMENT FUND

95159

The foregoing appropriation item 100610, Professional	95160
Development, shall be used to make payments from the Professional	95161
Development Fund (Fund 5L70) under section 124.182 of the Revised	95162
Code. If it is determined by the Director of Administrative	95163
Services that additional amounts are necessary, the Director of	95164
Administrative Services may request that the Director of Budget	95165
and Management approve additional amounts. Such approved	95166
additional amounts are hereby appropriated.	95167

Section 207.20.70. EMPLOYEE EDUCATIONAL DEVELOPMENT

95168

The foregoing appropriation item 100619, Employee Educational	95169
Development, shall be used to make payments from the Employee	95170
Educational Development Fund (Fund 5V60) under section 124.86 of	95171
the Revised Code. The fund shall be used to pay the costs of	95172
administering educational programs under existing collective	95173
bargaining agreements with District 1199, the Health Care and	95174
Social Service Union; State Council of Professional Educators;	95175
Ohio Education Association and National Education Association; the	95176
Fraternal Order of Police Ohio Labor Council, Unit 2; and the Ohio	95177
State Troopers Association, Units 1 and 15.	95178

If it is determined by the Director of Administrative	95179
Services that additional amounts are necessary, the Director of	95180
Administrative Services may request that the Director of Budget	95181
and Management approve additional amounts. Such approved	95182
additional amounts are hereby appropriated.	95183

Section 207.20.80. CENTRALIZED GATEWAY ENHANCEMENT FUND

95184

(A) As used in this section, "Ohio Business Gateway" refers	95185
to the internet-based system operated by the Department of	95186
Administrative Services with the advice of the Ohio Business	95187
Gateway Steering Committee established under section 5703.57 of	95188
the Revised Code. The Ohio Business Gateway is established to	95189
provide businesses a central web site where various filings and	95190
payments are submitted online to government. The information is	95191
then distributed to the various government entities that interact	95192
with the business community.	95193

(B) As used in this section:

95194

(1) "State Portal" refers to the official web site of the	95195
state, operated by the Department of Administrative Services.	95196

(2) "Shared Hosting Environment" refers to the computerized	95197
system operated by the Department of Administrative Services for	95198
the purpose of providing capability for state agencies to host web	95199
sites.	95200

(C) There is hereby created in the state treasury the	95201
Centralized Gateway Enhancement Fund (Fund 5X30). The foregoing	95202
appropriation item 100634, Centralized Gateway Enhancement, shall	95203
be used by the Department of Administrative Services to pay the	95204
costs of enhancing, expanding, and operating the infrastructure of	95205
the Ohio Business Gateway, State Portal, and Shared Hosting	95206
Environment. The Director of Administrative Services shall submit	95207
spending plans to the Director of Budget and Management to justify	95208
operating transfers to the fund from the General Revenue Fund.	95209
Upon approval, the Director of Budget and Management shall	95210
transfer approved amounts to the fund, not to exceed the amount of	95211
the annual appropriation in each fiscal year. The spending plans	95212
may be based on the recommendations of the Ohio Business Gateway	95213
Steering Committee or its successor.	95214

Section 207.20.90. CASH TRANSFERS FROM THE MAJOR IT PURCHASES	95215
FUND	95216

Upon request of the Director of Administrative Services, the	95217
Director of Budget and Management may make the following transfers	95218
from the Major IT Purchases Fund (Fund 4N60):	95219

(1) Up to $2,800,000 in each fiscal year of the biennium to	95220
the State Architect's Fund (Fund 1310) to support the OAKS Capital	95221
Improvements Module and other costs of the State Architect's	95222
Office that are not directly related to capital projects managed	95223
by the State Architect;	95224

(2) Up to $310,276 in fiscal year 2012 and up to $305,921 in	95225
fiscal year 2013 to the Director's Office Fund (Fund 1120) to	95226
support operating expenses of the Accountability and Results	95227
Initiative.	95228

Section 207.30.10. MULTI-AGENCY RADIO COMMUNICATION SYSTEM	95229
DEBT SERVICE PAYMENTS	95230

The Director of Administrative Services, in consultation with	95231
the Multi-Agency Radio Communication System (MARCS) Steering	95232
Committee and the Director of Budget and Management, shall	95233
determine the share of debt service payments attributable to	95234
spending for MARCS components that are not specific to any one	95235
agency and that shall be charged to agencies supported by the	95236
motor fuel tax. Such share of debt service payments shall be	95237
calculated for MARCS capital disbursements made beginning July 1,	95238
1997. Within thirty days of any payment made from appropriation	95239
item 100447, OBA - Building Rent Payments, the Director of	95240
Administrative Services shall certify to the Director of Budget	95241
and Management the amount of this share. The Director of Budget	95242
and Management shall transfer such amounts to the General Revenue	95243
Fund from the State Highway Safety Fund (Fund 7036) established in	95244
section 4501.06 of the Revised Code.	95245

The Director of Administrative Services shall consider	95246
renting or leasing existing tower sites at reasonable or current	95247
market rates, so long as these existing sites are equipped with	95248
the technical capabilities to support the MARCS project.	95249

Section 207.30.20. OHIO PROFESSIONALS LICENSING SYSTEM

95250

There is hereby created in the state treasury the Ohio	95251
Professionals Licensing System Fund (Fund 5JQ0). Appropriation	95252
item 100658, Ohio Professionals Licensing System, shall be used to	95253
make payments from the fund. The fund shall be used to purchase	95254
the equipment, products, and services necessary to develop and	95255
maintain a replacement automated licensing system for the	95256
professional licensing boards. The Director of Budget and	95257
Management may transfer up to $2,670,000 in cash from the	95258
Occupational Licensing and Regulatory Fund (4K90) and up to	95259
$330,000 from the State Medical Board Operating Fund (Fund 5C60)	95260
to the Ohio Professionals Licensing System Fund during the FY	95261
2012-FY 2013 biennium. The purpose of this cash transfer is to	95262
fund the initial acquisition and development of the system. Any	95263
cash balances not expended in fiscal year 2012 are reappropriated	95264
in fiscal year 2013.	95265

Effective with the implementation of the replacement	95266
licensing system, the Department of Administrative Services shall	95267
establish charges for recovering the costs of ongoing maintenance	95268
of the system. The charges shall be billed to the professional	95269
licensing boards and deposited via intrastate transfer vouchers to	95270
the credit of the Ohio Professionals Licensing System Fund.	95271

Section 207.30.30. DIRECTOR'S DECLARATION OF PUBLIC EXIGENCY

95272

Whenever the Director of Administrative Services declares a	95273
"public exigency," as provided in division (C) of section 123.15	95274
of the Revised Code, the Director shall also notify the members of	95275
the Controlling Board.	95276

Section 209.10. AGE DEPARTMENT OF AGING

95277

General Revenue Fund	95278

GRF	490321	Operating Expenses	$	1,501,616	$	1,502,442	95279
GRF	490410	Long-Term Care Ombudsman	$	482,271	$	482,271	95280
GRF	490411	Senior Community Services	$	7,130,952	$	7,131,236	95281
GRF	490414	Alzheimer's Respite	$	1,917,740	$	1,917,757	95282
GRF	490423	Long Term Care Budget - State	$	3,419,250	$	3,419,250	95283
GRF	490506	National Senior Service Corps	$	241,413	$	241,413	95284
TOTAL GRF General Revenue Fund			$	14,693,242	$	14,694,369	95285

General Services Fund Group	95286

4800	490606	Senior Community Outreach and Education	$	372,518	$	372,523	95287
TOTAL GSF General Services Fund							95288
Group			$	372,518	$	372,523	95289

Federal Special Revenue Fund Group	95290

3220	490618	Federal Aging Grants	$	14,000,000	$	14,000,000	95291
3C40	490623	Long Term Care Budget	$	3,525,000	$	3,525,000	95292
3M40	490612	Federal Independence Services	$	63,655,080	$	63,655,080	95293
TOTAL FED Federal Special Revenue							95294
Fund Group			$	81,180,080	$	81,180,080	95295

State Special Revenue Fund Group	95296

4C40	490609	Regional Long-Term Care Ombudsman Program	$	935,000	$	935,000	95297
5BA0	490620	Ombudsman Support	$	750,000	$	750,000	95298
5K90	490613	Long Term Care Consumers Guide	$	1,059,400	$	1,059,400	95299
5W10	490616	Resident Services Coordinator Program	$	344,692	$	344,700	95300
TOTAL SSR State Special Revenue							95301
Fund Group			$	3,089,092	$	3,089,100	95302
TOTAL ALL BUDGET FUND GROUPS			$	99,334,932	$	99,336,072	95303

Section 209.20. LONG-TERM CARE

95305

Pursuant to an interagency agreement, the Department of Job	95306
and Family Services shall designate the Department of Aging to	95307
perform assessments under section 5111.204 of the Revised Code.	95308
The Department of Aging shall provide long-term care consultations	95309
under section 173.42 of the Revised Code to assist individuals in	95310
planning for their long-term health care needs.	95311

The Department of Aging shall administer the Medicaid	95312
waiver-funded PASSPORT Home Care Program, the Choices Program, the	95313
Assisted Living Program, and the PACE Program as delegated by the	95314
Department of Job and Family Services in an interagency agreement.	95315
The foregoing appropriation items 490423, Long Term Care Budget -	95316
State, and 490623, Long Term Care Budget, may be used to support	95317
the Department of Aging's administrative costs associated with	95318
operating the PASSPORT, Choices, Assisted Living, and PACE	95319
programs.	95320

Section 209.30. LONG-TERM CARE OMBUDSMAN

95321

The foregoing appropriation item 490410, Long-Term Care	95322
Ombudsman, shall be used for a program to fund ombudsman program	95323
activities as authorized in sections 173.14 to 173.27 and section	95324
173.99 of the Revised Code.	95325

SENIOR COMMUNITY SERVICES

95326

The foregoing appropriation item 490411, Senior Community	95327
Services, shall be used for services designated by the Department	95328
of Aging, including, but not limited to, home-delivered and	95329
congregate meals, transportation services, personal care services,	95330
respite services, adult day services, home repair, care	95331
coordination, and decision support systems. Service priority shall	95332
be given to low income, frail, and cognitively impaired persons 60	95333
years of age and over. The department shall promote cost sharing	95334
by service recipients for those services funded with senior	95335
community services funds, including, when possible, sliding-fee	95336
scale payment systems based on the income of service recipients.	95337

ALZHEIMER'S RESPITE

95338

The foregoing appropriation item 490414, Alzheimer's Respite,	95339
shall be used to fund only Alzheimer's disease services under	95340
section 173.04 of the Revised Code.	95341

SENIOR COMMUNITY OUTREACH AND EDUCATION

95342

The foregoing appropriation item 490606, Senior Community	95343
Outreach and Education, may be used to provide training to workers	95344
in the field of aging pursuant to division (G) of section 173.02	95345
of the Revised Code.	95346

TRANSFER OF APPROPRIATIONS - FEDERAL INDEPENDENCE SERVICES	95347
AND FEDERAL AGING GRANTS	95348

At the request of the Director of Aging, the Director of	95349
Budget and Management may transfer appropriation between	95350
appropriation items 490612, Federal Independence Services, and	95351
490618, Federal Aging Grants. The amounts transferred shall not	95352
exceed 30 per cent of the appropriation from which the transfer is	95353
made. Any transfers shall be reported by the Department of Aging	95354
to the Controlling Board at the next scheduled meeting of the	95355
board.	95356

REGIONAL LONG-TERM CARE OMBUDSMAN PROGRAM

95357

The foregoing appropriation item 490609, Regional Long-Term	95358
Care Ombudsman Program, shall be used to pay the costs of	95359
operating the regional long-term care ombudsman programs	95360
designated by the Long-Term Care Ombudsman.	95361

TRANSFER OF RESIDENT PROTECTION FUNDS

95362

In each fiscal year, the Director of Budget and Management	95363
may transfer up to $750,000 cash from the Resident Protection Fund	95364
(Fund 4E30), which is used by the Department of Job and Family	95365
Services, to the Ombudsman Support Fund (Fund 5BA0), which is used	95366
by the Department of Aging. The moneys in the Ombudsman Support	95367
Fund may be used by the state office of the Long-Term Care	95368
Ombudsman Program and by regional ombudsman programs to promote	95369
person-centered care in nursing homes.	95370

On July 1, 2011, or as soon as possible thereafter, the	95371
Department of Aging shall certify to the Director of Budget and	95372
Management the amount of the cash balance in the Ombudsman Support	95373
Fund at the end of fiscal year 2011.	95374

LONG-TERM CARE CONSUMERS GUIDE

95375

The foregoing appropriation item 490613, Long-Term Care	95376
Consumers Guide, shall be used to conduct annual customer	95377
satisfaction surveys and to pay for other administrative expenses	95378
related to the publication of the Ohio Long-Term Care Consumer	95379
Guide.	95380

During fiscal year 2012 and fiscal year 2013, the Department	95381
of Aging shall identify methods and tools for assessing consumer	95382
satisfaction with adult care facilities and with the providers of	95383
home and community-based services. The Department shall also	95384
consider the development of a provider fee structure to support	95385
the inclusion of information about adult care facilities and	95386
providers of home and community-based services among the types of	95387
providers reviewed in the Ohio Long-Term Care Consumer Guide.	95388

Section 211.10. AGR DEPARTMENT OF AGRICULTURE

95389

General Revenue Fund	95390

GRF	700401	Animal Disease Control	$	3,736,687	$	3,736,687	95391
GRF	700403	Dairy Division	$	1,047,331	$	1,047,331	95392
GRF	700404	Ohio Proud	$	50,000	$	50,000	95393
GRF	700406	Consumer Analytical Lab	$	1,150,000	$	1,150,000	95394
GRF	700407	Food Safety	$	822,541	$	822,541	95395
GRF	700409	Farmland Preservation	$	50,000	$	50,000	95396
GRF	700412	Weights and Measures	$	550,000	$	550,000	95397
GRF	700415	Poultry Inspection	$	360,401	$	360,401	95398
GRF	700418	Livestock Regulation Program	$	1,108,071	$	1,108,071	95399
GRF	700424	Livestock Testing and Inspections	$	102,770	$	102,770	95400
GRF	700499	Meat Inspection Program - State Share	$	4,075,097	$	4,075,097	95401
GRF	700501	County Agricultural Societies	$	391,413	$	391,413	95402
TOTAL GRF General Revenue Fund			$	13,444,311	$	13,444,311	95403

General Services Fund Group	95404

5DA0	700644	Laboratory Administration Support	$	1,094,867	$	1,094,867	95405
5GH0	700655	Central Support Indirect Cost	$	4,456,842	$	4,456,842	95406
TOTAL GSF General Services Fund Group			$	5,551,709	$	5,551,709	95407

Federal Special Revenue Fund Group	95408

3260	700618	Meat Inspection Program - Federal Share	$	4,950,000	$	4,950,000	95409
3360	700617	Ohio Farm Loan Revolving Fund	$	150,000	$	150,000	95410
3820	700601	Cooperative Contracts	$	2,000,000	$	2,000,000	95411
3AB0	700641	Agricultural Easement	$	1,000,000	$	1,000,000	95412
3J40	700607	Indirect Cost	$	600,000	$	600,000	95413
3R20	700614	Federal Plant Industry	$	1,000,000	$	1,000,000	95414
TOTAL FED Federal Special Revenue							95415
Fund Group			$	9,700,000	$	9,700,000	95416

State Special Revenue Fund Group	95417

4960	700626	Ohio Grape Industries	$	846,611	$	846,611	95418
4970	700627	Commodity Handlers Regulatory Program	$	483,402	$	483,402	95419
4C90	700605	Commercial Feed and Seed	$	1,816,897	$	1,816,897	95420
4D20	700609	Auction Education	$	41,000	$	41,000	95421
4E40	700606	Utility Radiological Safety	$	131,785	$	131,785	95422
4P70	700610	Food Safety Inspection	$	1,085,836	$	1,085,836	95423
4R00	700636	Ohio Proud Marketing	$	30,500	$	30,500	95424
4R20	700637	Dairy Industry Inspection	$	1,758,247	$	1,758,247	95425
4T60	700611	Poultry and Meat Inspection	$	180,000	$	180,000	95426
4T70	700613	Ohio Proud International and Domestic Market Development	$	50,000	$	50,000	95427
5780	700620	Ride Inspection Fees	$	1,175,142	$	1,175,142	95428
5B80	700629	Auctioneers	$	359,823	$	359,823	95429
5FC0	700648	Plant Pest Program	$	1,164,000	$	1,164,000	95430
5H20	700608	Metrology Lab and Scale Certification	$	750,000	$	750,000	95431
5HP0	700656	Livestock Care Standards Board	$	80,000	$	80,000	95432
5L80	700604	Livestock Management Program	$	584,000	$	584,000	95433
6520	700634	Animal and Consumer Analytical Laboratory	$	4,366,383	$	4,366,383	95434
6690	700635	Pesticide, Fertilizer, and Lime Inspection Program	$	3,418,041	$	3,418,041	95435
TOTAL SSR State Special Revenue							95436
Fund Group			$	18,321,667	$	18,321,667	95437

Clean Ohio Conservation Fund Group	95438

7057	700632		Clean Ohio Agricultural Easement		$	310,000		$	310,000		95439
TOTAL CLF Clean Ohio Conservation Fund Group					$	310,000		$	310,000		95440

TOTAL ALL BUDGET FUND GROUPS

47,327,687

95441

COUNTY AGRICULTURAL SOCIETIES

95442

The foregoing appropriation item 700501, County Agricultural	95443
Societies, shall be used to reimburse county and independent	95444
agricultural societies for expenses related to Junior Fair	95445
activities.	95446

CLEAN OHIO AGRICULTURAL EASEMENT

95447

The foregoing appropriation item 700632, Clean Ohio	95448
Agricultural Easement, shall be used by the Department of	95449
Agriculture in administering Ohio Agricultural Easement Fund (Fund	95450
7057) projects pursuant to sections 901.21, 901.22, and 5301.67 to	95451
5301.70 of the Revised Code.	95452

Section 213.10. AIR AIR QUALITY DEVELOPMENT AUTHORITY

95453

General Services Fund Group	95454

5EG0	898608		Energy Strategy Development		$	240,382		$	240,681		95455
TOTAL GSF General Services Fund					$	240,382		$	240,681		95456

Agency Fund Group	95457

4Z90	898602	Small Business Ombudsman	$	288,050	$	288,232	95458
5700	898601	Operating Expenses	$	323,980	$	323,980	95459
5A00	898603	Small Business Assistance	$	71,087	$	71,087	95460
TOTAL AGY Agency Fund Group			$	683,117	$	683,299	95461
TOTAL ALL BUDGET FUND GROUPS			$	923,499	$	923,980	95462

Section 213.20. ENERGY STRATEGY DEVELOPMENT

95464

The Ohio Air Quality Development Authority shall establish	95465
the Energy Strategy Development Program for the purpose of	95466
developing energy initiatives, projects, and policy for the state.	95467
Issues addressed by such initiatives, projects, and policy shall	95468
not be limited to those governed by Chapter 3706. of the Revised	95469
Code.	95470

There is hereby created in the state treasury the Energy	95471
Strategy Development Fund (Fund 5EG0). The fund shall consist of	95472
money credited to it and money obtained for advanced energy	95473
projects from federal or private grants, loans, or other sources.	95474
Money in the fund shall be used to carry out the purposes of the	95475
program. Interest earned on the money in the fund shall be	95476
credited to the General Revenue Fund.	95477

On July 1 of each fiscal year, or as soon as possible	95478
thereafter, the Director of Budget and Management may transfer	95479
cash from the funds specified below, in the amounts specified	95480
below, to the Energy Strategy Development Fund. Fund 5EG0 may	95481
accept contributions and transfers made to the fund. On July 1,	95482
2013, or as soon as possible thereafter, the Director shall	95483
transfer to the General Revenue Fund all cash credited to Fund	95484
5EG0. Upon completion of the transfer, Fund 5EG0 is abolished.	95485

Fund	Fund Name	User	FY 2012	FY 2013	95486
1170	Office Services	Department of Administrative Services	$27,405	$27,439	95487
5GH0	Central Support Indirect Cost	Department of Agriculture	$27,405	$27,439	95488
1350	Supportive Services	Department of Development	$27,405	$27,439	95489
2190	Central Support Indirect Cost	Environmental Protection Agency	$27,405	$27,439	95490
1570	Central Support Indirect Chargeback	Department of Natural Resources	$27,405	$27,439	95491
7002	Highway Operating	Department of Transportation	$39,150	$39,199	95492

Section 213.30. REIMBURSEMENT TO AIR QUALITY DEVELOPMENT	95493
AUTHORITY TRUST ACCOUNT	95494

Notwithstanding any other provision of law to the contrary,	95495
the Air Quality Development Authority may reimburse the Air	95496
Quality Development Authority trust account established under	95497
section 3706.10 of the Revised Code from all operating funds of	95498
the agency for expenses pertaining to the administration and	95499
shared costs incurred by the Air Quality Development Authority in	95500
the execution of responsibilities as prescribed in Chapter 3706.	95501
of the Revised Code. Reimbursement shall be made by voucher and	95502
completed in accordance with the administrative indirect costs	95503
allocation plan approved by the Office of Budget and Management.	95504

Section 215.10. ADA DEPARTMENT OF ALCOHOL AND DRUG ADDICTION	95505
SERVICES	95506

General Revenue Fund	95507

GRF	038401	Treatment Services	$	32,684,703	$	4,520,974	95508
GRF	038404	Prevention Services	$	868,659	$	868,659	95509
TOTAL GRF General Revenue Fund			$	33,553,362	$	5,389,633	95510

General Services Fund	95511

5T90	038616		Problem Gambling Services		$	335,000		$	335,000		95512
TOTAL GSF General Services Fund Group					$	335,000		$	335,000		95513

Federal Special Revenue Fund Group	95514

3G40	038614	Substance Abuse Block Grant	$	69,000,000	$	69,000,000	95515
3H80	038609	Demonstration Grants	$	8,675,580	$	8,675,580	95516
3J80	038610	Medicaid	$	69,200,000	$	0	95517
3N80	038611	Administrative Reimbursement	$	300,000	$	300,000	95518
TOTAL FED Federal Special Revenue							95519
Fund Group			$	147,175,580	$	77,975,580	95520

State Special Revenue Fund Group	95521

4750	038621	Statewide Treatment and Prevention	$	16,000,000	$	14,000,000	95522
5JW0	038615	Board Match Reimbursement	$	3,000,000	$	3,000,000	95523
6890	038604	Education and Conferences	$	150,000	$	150,000	95524
TOTAL SSR State Special Revenue							95525
Fund Group			$	19,150,000	$	17,150,000	95526
TOTAL ALL BUDGET FUND GROUPS			$	200,213,942	$	100,850,213	95527

Section 217.10. ARC ARCHITECTS BOARD

95529

General Services Fund Group	95530

4K90	891609	Operating Expenses	$	494,459	$	478,147	95531
TOTAL GSF General Services Fund							95532
Group			$	494,459	$	478,147	95533
TOTAL ALL BUDGET FUND GROUPS			$	494,459	$	478,147	95534

Section 219.10. ART OHIO ARTS COUNCIL

95536

General Revenue Fund	95537

GRF	370321	Operating Expenses	$	1,305,704	$	1,305,704	95538
GRF	370502	State Program Subsidies	$	5,000,000	$	6,000,000	95539
TOTAL GRF General Revenue Fund			$	6,305,704	$	7,305,704	95540

General Services Fund Group	95541

4600	370602	Management Expenses and Donations	$	247,000	$	247,000	95542
4B70	370603	Percent for Art Acquisitions	$	247,000	$	247,000	95543
TOTAL GSF General Services Fund Group			$	494,000	$	494,000	95544

Federal Special Revenue Fund Group	95545

3140	370601	Federal Support	$	1,000,000	$	1,000,000	95546
TOTAL FED Federal Special Revenue Fund Group			$	1,000,000	$	1,000,000	95547
TOTAL ALL BUDGET FUND GROUPS			$	7,799,704	$	8,799,704	95548

Section 221.10. ATH ATHLETIC COMMISSION

95550

General Services Fund Group	95551

4K90	175609	Operating Expenses	$	281,904	$	292,509	95552
TOTAL GSF General Services Fund Group			$	281,904	$	292,509	95553
TOTAL ALL BUDGET FUND GROUPS			$	281,904	$	292,509	95554

Section 223.10. AGO ATTORNEY GENERAL

95556

General Revenue Fund	95557

GRF	055321	Operating Expenses	$	42,514,169	$	42,514,169	95558
GRF	055405	Law-Related Education	$	100,000	$	100,000	95559
GRF	055411	County Sheriffs' Pay Supplement	$	757,921	$	757,921	95560
GRF	055415	County Prosecutors' Pay Supplement	$	831,499	$	831,499	95561
TOTAL GRF General Revenue Fund			$	44,203,589	$	44,203,589	95562

General Services Fund Group	95563

1060	055612	General Reimbursement	$	43,197,968	$	43,011,277	95564
1950	055660	Workers' Compensation Section	$	8,415,504	$	8,415,504	95565
4180	055615	Charitable Foundations	$	7,286,000	$	7,286,000	95566
4200	055603	Attorney General Antitrust	$	1,871,674	$	1,839,074	95567
4210	055617	Police Officers' Training Academy Fee	$	2,124,942	$	2,088,805	95568
4Z20	055609	BCI Asset Forfeiture and Cost Reimbursement	$	1,529,685	$	1,521,731	95569
5900	055633	Peace Officer Private Security Fund	$	98,370	$	98,370	95570
5A90	055618	Telemarketing Fraud Enforcement	$	7,500	$	7,500	95571
5L50	055619	Law Enforcement Assistance Program	$	300,222	$	0	95572
6310	055637	Consumer Protection Enforcement	$	3,799,115	$	3,718,973	95573
TOTAL GSF General Services Fund							95574
Group			$	68,630,980	$	67,987,234	95575

Federal Special Revenue Fund Group	95576

3060	055620	Medicaid Fraud Control	$	4,211,235	$	4,122,399	95577
3810	055611	Civil Rights Legal Service	$	402,540	$	402,540	95578
3830	055634	Crime Victims Assistance	$	13,000,000	$	13,000,000	95579
3E50	055638	Attorney General Pass-Through Funds	$	1,223,606	$	1,222,172	95580
3R60	055613	Attorney General Federal Funds	$	3,823,251	$	3,673,251	95581
TOTAL FED Federal Special Revenue							95582
Fund Group			$	22,660,632	$	22,420,362	95583

State Special Revenue Fund Group	95584

4020	055616	Victims of Crime	$	26,000,000	$	26,000,000	95585
4170	055621	Domestic Violence Shelter	$	25,000	$	25,000	95586
4190	055623	Claims Section	$	44,197,843	$	41,953,025	95587
4L60	055606	DARE Programs	$	4,477,962	$	4,477,962	95588
4Y70	055608	Title Defect Recision	$	600,000	$	600,000	95589
6590	055641	Solid and Hazardous Waste Background Investigations	$	662,227	$	651,049	95590
TOTAL SSR State Special Revenue							95591
Fund Group			$	75,963,032	$	73,707,036	95592

Holding Account Redistribution Fund Group	95593

R004	055631	General Holding Account	$	1,000,000	$	1,000,000	95594
R005	055632	Antitrust Settlements	$	1,000	$	1,000	95595
R018	055630	Consumer Frauds	$	750,000	$	750,000	95596
R042	055601	Organized Crime Commission Distributions	$	25,025	$	25,025	95597
R054	055650	Collection Outside Counsel Payments	$	4,500,000	$	4,500,000	95598
TOTAL 090 Holding Account							95599
Redistribution Fund Group			$	6,276,025	$	6,276,025	95600

Tobacco Master Settlement Agreement Fund Group	95601

J087	055635	Law Enforcement Technology, Training, and Facility Enhancements	$	2,300,000	$	0	95602
U087	055402	Tobacco Settlement Oversight, Administration, and Enforcement	$	2,527,992	$	2,514,690	95603
TOTAL TSF Tobacco Master Settlement Agreement Fund Group			$	4,827,992	$	2,514,690	95604
TOTAL ALL BUDGET FUND GROUPS			$	222,562,250	$	217,108,936	95605

COUNTY SHERIFFS' PAY SUPPLEMENT

95606

The foregoing appropriation item 055411, County Sheriffs' Pay	95607
Supplement, shall be used for the purpose of supplementing the	95608
annual compensation of county sheriffs as required by section	95609
325.06 of the Revised Code.	95610

At the request of the Attorney General, the Director of	95611
Budget and Management may transfer appropriation from	95612
appropriation item 055321, Operating Expenses, to appropriation	95613
item 055411, County Sheriffs' Pay Supplement. Any appropriation so	95614
transferred shall be used to supplement the annual compensation of	95615
county sheriffs as required by section 325.06 of the Revised Code.	95616

COUNTY PROSECUTORS' PAY SUPPLEMENT

95617

The foregoing appropriation item 055415, County Prosecutors'	95618
Pay Supplement, shall be used for the purpose of supplementing the	95619
annual compensation of certain county prosecutors as required by	95620
section 325.111 of the Revised Code.	95621

At the request of the Attorney General, the Director of	95622
Budget and Management may transfer appropriation from	95623
appropriation item 055321, Operating Expenses, to appropriation	95624
item 055415, County Prosecutors' Pay Supplement. Any appropriation	95625
so transferred shall be used to supplement the annual compensation	95626
of county prosecutors as required by section 325.111 of the	95627
Revised Code.	95628

WORKERS' COMPENSATION SECTION

95629

The Workers' Compensation Fund (Fund 1950) is entitled to	95630
receive payments from the Bureau of Workers' Compensation and the	95631
Ohio Industrial Commission at the beginning of each quarter of	95632
each fiscal year to fund legal services to be provided to the	95633
Bureau of Workers' Compensation and the Ohio Industrial Commission	95634
during the ensuing quarter. The advance payment shall be subject	95635
to adjustment.	95636

In addition, the Bureau of Workers' Compensation shall	95637
transfer payments at the beginning of each quarter for the support	95638
of the Workers' Compensation Fraud Unit.	95639

All amounts shall be mutually agreed upon by the Attorney	95640
General, the Bureau of Workers' Compensation, and the Ohio	95641
Industrial Commission.	95642

ATTORNEY GENERAL PASS-THROUGH FUNDS

95643

The foregoing appropriation item 055638, Attorney General	95644
Pass-Through Funds, shall be used to receive federal grant funds	95645
provided to the Attorney General by other state agencies,	95646
including, but not limited to, the Department of Youth Services	95647
and the Department of Public Safety.	95648

GENERAL HOLDING ACCOUNT

95649

The foregoing appropriation item 055631, General Holding	95650
Account, shall be used to distribute moneys under the terms of	95651
relevant court orders or other settlements received in a variety	95652
of cases involving the Office of the Attorney General. If it is	95653
determined that additional amounts are necessary for this purpose,	95654
the amounts are hereby appropriated.	95655

ANTITRUST SETTLEMENTS

95656

The foregoing appropriation item 055632, Antitrust	95657
Settlements, shall be used to distribute moneys under the terms of	95658
relevant court orders or other out of court settlements in	95659
antitrust cases or antitrust matters involving the Office of the	95660
Attorney General. If it is determined that additional amounts are	95661
necessary for this purpose, the amounts are hereby appropriated.	95662

CONSUMER FRAUDS

95663

The foregoing appropriation item 055630, Consumer Frauds,	95664
shall be used for distribution of moneys from court-ordered	95665
judgments against sellers in actions brought by the Office of	95666
Attorney General under sections 1334.08 and 4549.48 and division	95667
(B) of section 1345.07 of the Revised Code. These moneys shall be	95668
used to provide restitution to consumers victimized by the fraud	95669
that generated the court-ordered judgments. If it is determined	95670
that additional amounts are necessary for this purpose, the	95671
amounts are hereby appropriated.	95672

ORGANIZED CRIME COMMISSION DISTRIBUTIONS

95673

The foregoing appropriation item 055601, Organized Crime	95674
Commission Distributions, shall be used by the Organized Crime	95675
Investigations Commission, as provided by section 177.011 of the	95676
Revised Code, to reimburse political subdivisions for the expenses	95677
the political subdivisions incur when their law enforcement	95678
officers participate in an organized crime task force. If it is	95679
determined that additional amounts are necessary for this purpose,	95680
the amounts are hereby appropriated.	95681

COLLECTION OUTSIDE COUNSEL PAYMENTS

95682

The foregoing appropriation item 055650, Collection Outside	95683
Counsel Payments, shall be used for the purpose of paying	95684
contingency counsel fees for cases where debtors mistakenly paid	95685
the client agencies instead of the Attorney General's Revenue	95686
Recovery/Collections Enforcement Section. If it is determined that	95687
additional amounts are necessary for this purpose, the amounts are	95688
hereby appropriated.	95689

Section 225.10. AUD AUDITOR OF STATE

95690

General Revenue Fund	95691

GRF	070321	Operating Expenses	$	27,434,452	$	27,434,452	95692
GRF	070403	Fiscal Watch/Emergency Technical Assistance	$	800,000	$	800,000	95693
TOTAL GRF General Revenue Fund			$	28,234,452	$	28,234,452	95694

Auditor of State Fund Group	95695

1090	070601	Public Audit Expense - Intra-State	$	9,000,000	$	8,700,000	95696
4220	070602	Public Audit Expense - Local Government	$	31,422,959	$	31,052,999	95697
5840	070603	Training Program	$	181,250	$	181,250	95698
6750	070605	Uniform Accounting Network	$	3,500,000	$	3,500,000	95699
TOTAL AUD Auditor of State Fund							95700
Group			$	44,104,209	$	43,434,249	95701
TOTAL ALL BUDGET FUND GROUPS			$	72,338,661	$	71,668,701	95702

FISCAL WATCH/EMERGENCY TECHNICAL ASSISTANCE

95703

The foregoing appropriation item 070403, Fiscal	95704
Watch/Emergency Technical Assistance, shall be used for expenses	95705
incurred by the Office of the Auditor of State in its role	95706
relating to fiscal watch or fiscal emergency activities under	95707
Chapters 118. and 3316. of the Revised Code. Expenses include, but	95708
are not limited to, the following: duties related to the	95709
determination or termination of fiscal watch or fiscal emergency	95710
of municipal corporations, counties, townships, or school	95711
districts; development of preliminary accounting reports;	95712
performance of annual forecasts; provision of performance audits;	95713
and supervisory, accounting, or auditing services for the	95714
municipal corporations, counties, townships, or school districts.	95715

An amount equal to the unexpended, unencumbered portion of	95716
appropriation item 070403, Fiscal Watch/Emergency Technical	95717
Assistance, at the end of fiscal year 2012 is hereby	95718
reappropriated for the same purpose in fiscal year 2013.	95719

Section 227.10. BRB BOARD OF BARBER EXAMINERS

95720

General Services Fund Group	95721

4K90	877609	Operating Expenses	$	656,320	$	649,211	95722
TOTAL GSF General Services Fund							95723
Group			$	656,320	$	649,211	95724
TOTAL ALL BUDGET FUND GROUPS			$	656,320	$	649,211	95725

Section 229.10. OBM OFFICE OF BUDGET AND MANAGEMENT

95727

General Revenue Fund	95728

GRF	042321	Budget Development and Implementation	$	2,362,025	$	2,378,166	95729
GRF	042416	Office of Health Transformation	$	306,285	$	0	95730
GRF	042422	Pension Shift Replacement	$	23,436,402	$	22,348,323	95731
TOTAL GRF General Revenue Fund			$	26,104,712	$	24,726,489	95732

General Services Fund Group	95733

1050	042603	State Accounting and Budgeting	$	21,917,230	$	22,006,331	95734
5N40	042602	OAKS Project Implementation	$	1,358,000	$	1,309,500	95735
5Z80	042608	Office of Health Transformation Administration	$	57,752	$	0	95736
TOTAL GSF General Services Fund Group			$	23,332,982	$	23,315,831	95737

Federal Special Revenue Fund Group	95738

3CM0	042606		Office of Health Transformation - Federal		$	384,037		$	145,500		95739
TOTAL FED Federal Special Revenue Fund Group					$	384,037		$	145,500		95740

Agency Fund Group	95741

5EH0	042604	Forgery Recovery	$	50,000	$	50,000	95742
TOTAL AGY Agency Fund Group			$	50,000	$	50,000	95743
TOTAL ALL BUDGET FUND GROUPS			$	49,871,731	$	48,237,820	95744

AUDIT COSTS AND DUES

95745

All centralized audit costs associated with either Single	95746
Audit Schedules or financial statements prepared in conformance	95747
with generally accepted accounting principles for the state shall	95748
be paid from the foregoing appropriation item 042603, State	95749
Accounting and Budgeting.	95750

Costs associated with the audit of the Auditor of State and	95751
national association dues shall be paid from the foregoing	95752
appropriation item 042321, Budget Development and Implementation.	95753

PENSION SHIFT REPLACEMENT

95754

Notwithstanding any provision of law to the contrary, the	95755
foregoing appropriation item 042422, Pension Shift Replacement,	95756
shall be used by the Director of Budget and Management to help	95757
state agencies fully fund the employer's share of public	95758
retirement system contributions for state employees who are paid	95759
directly by warrant of the Director of Budget and Management.	95760

The Director of Budget and Management may authorize	95761
additional expenditures from various non-GRF appropriation items	95762
in order to fully fund the employer's share of public retirement	95763
system contributions for state employees who are paid directly by	95764
warrant of the Director of Budget and Management. Any additional	95765
expenditures authorized by the Director of Budget and Management	95766
under this paragraph are hereby appropriated.	95767

SHARED SERVICES CENTER

95768

The Director of Budget and Management shall use the OAKS	95769
Project Implementation Fund (Fund 5N40) and the Accounting and	95770
Budgeting Fund (Fund 1050) to support a Shared Services Center	95771
within the Office of Budget and Management for the purpose of	95772
consolidating statewide business functions and common	95773
transactional processes.	95774

The Director of Budget and Management shall include the	95775
recovery of costs to operate the Shared Services Center in the	95776
accounting and budgeting services payroll rate and through a	95777
direct charge using intrastate transfer vouchers to agencies for	95778
services rendered. The Director of Budget and Management shall	95779
determine the cost recovery methodology. Such cost recovery	95780
revenues shall be deposited to the credit of Fund 1050.	95781

INTERNAL CONTROL AND AUDIT OVERSIGHT

95782

The Director of Budget and Management shall include the	95783
recovery of costs to operate the Internal Control and Audit	95784
Oversight Program in the accounting and budgeting services payroll	95785
rate and through a direct charge using intrastate transfer	95786
vouchers to agencies reviewed by the program. The Director of	95787
Budget and Management, with advice from the Internal Audit	95788
Advisory Council, shall determine the cost recovery methodology.	95789
Such cost recovery revenues shall be deposited to the credit of	95790
the Accounting and Budgeting Fund (Fund 1050).	95791

FORGERY RECOVERY

95792

The foregoing appropriation item 042604, Forgery Recovery,	95793
shall be used to reissue warrants that have been certified as	95794
forgeries by the rightful recipient as determined by the Bureau of	95795
Criminal Identification and Investigation and the Treasurer of	95796
State. Upon receipt of funds to cover the reissuance of the	95797
warrant, the Director of Budget and Management shall reissue a	95798
state warrant of the same amount.	95799

GRF TRANSFER TO THE OAKS PROJECT IMPLEMENTATION FUND

95800

On July 1 of each fiscal year, or as soon as possible	95801
thereafter, the Director of Budget and Management shall transfer	95802
an amount not to exceed $1,100,000 in cash from the General	95803
Revenue Fund to the OAKS Project Implementation Fund (Fund 5N40).	95804

Section 231.10. CSR CAPITOL SQUARE REVIEW AND ADVISORY BOARD

95805

General Revenue Fund	95806

GRF	874100	Personal Services	$	1,272,017	$	1,272,017	95807
GRF	874320	Maintenance and Equipment	$	529,391	$	529,391	95808
TOTAL GRF General Revenue Fund			$	1,801,408	$	1,801,408	95809

General Services Fund Group	95810

4G50	874603	Capitol Square Education Center and Arts	$	15,000	$	15,000	95811
4S70	874602	Statehouse Gift Shop/Events	$	686,708	$	686,708	95812
TOTAL GSF General Services							95813
Fund Group			$	701,708	$	701,708	95814

Underground Parking Garage	95815

2080	874601	Underground Parking Garage Operations	$	3,290,052	$	3,186,573	95816
TOTAL UPG Underground Parking							95817
Garage			$	3,290,052	$	3,186,573	95818
TOTAL ALL BUDGET FUND GROUPS			$	5,793,168	$	5,689,689	95819

WAREHOUSE PAYMENTS

95820

Of the foregoing appropriation item 874601, Underground	95821
Parking Garage Operations, $48,000 in each fiscal year shall be	95822
used to meet all payments at the times they are required to be	95823
made during the period from July 1, 2011, through June 30, 2013,	95824
to the Ohio Building Authority for bond service charges relating	95825
to the purchase and improvement of a warehouse acquired pursuant	95826
to section 105.41 of the Revised Code, in which to store items of	95827
the Capitol Collection Trust and, whenever necessary, equipment or	95828
other property of the Board.	95829

BOILER REPLACEMENT PAYMENTS

95830

Of the foregoing appropriation item 874601, Underground	95831
Parking Garage Operations, $100,000 in each fiscal year shall be	95832
used to meet all payments at the time they are required to be made	95833
during the period from July 1, 2011, through June 30, 2013, to the	95834
Ohio Building Authority for bond service charges relating to	95835
appropriation item C87416, Statehouse Boiler Replacement.	95836

UNDERGROUND PARKING GARAGE FUND

95837

Notwithstanding division (G) of section 105.41 of the Revised	95838
Code and any other provision to the contrary, moneys in the	95839
Underground Parking Garage Fund (Fund 2080) may be used for	95840
personnel and operating costs related to the operations of the	95841
Statehouse and the Statehouse Underground Parking Garage.	95842

Section 233.10. SCR STATE BOARD OF CAREER COLLEGES AND	95843
SCHOOLS	95844

General Services Fund Group	95845

4K90	233601	Operating Expenses	$	558,658	$	579,328	95846
TOTAL GSF General Services Fund Group			$	558,658	$	579,328	95847
TOTAL ALL BUDGET FUND GROUPS			$	558,658	$	579,328	95848

Section 235.10. CAC CASINO CONTROL COMMISSION

95850

State Special Revenue Fund Group	95851

5HS0	955321	Casino Control - Operating	$	8,263,312	$	13,121,283	95852
TOTAL SSR State Special Revenue Fund Group			$	8,263,312	$	13,121,283	95853
TOTAL ALL BUDGET FUND GROUPS			$	8,263,312	$	13,121,283	95854

Section 237.10. CDP CHEMICAL DEPENDENCY PROFESSIONALS BOARD

95856

General Services Fund Group	95857

4K90	930609	Operating Expenses	$	433,734	$	417,827	95858
TOTAL GSF General Services Fund Group			$	433,734	$	417,827	95859
TOTAL ALL BUDGET FUND GROUPS			$	433,734	$	417,827	95860

Section 239.10. CHR STATE CHIROPRACTIC BOARD

95862

General Services Fund Group	95863

4K90	878609	Operating Expenses	$	592,916	$	584,925	95864
TOTAL GSF General Services Fund Group			$	592,916	$	584,925	95865
TOTAL ALL BUDGET FUND GROUPS			$	592,916	$	584,925	95866

Section 241.10. CIV OHIO CIVIL RIGHTS COMMISSION

95868

General Revenue Fund	95869

GRF	876321		Operating Expenses		$	4,554,382		$	4,554,382		95870
TOTAL GRF General Revenue Fund					$	4,554,382		$	4,554,382		95871

General Services Fund Group	95872

2170	876604	Operations Support	$	8,000	$	8,000	95873
TOTAL GSF General Services							95874
Fund Group			$	8,000	$	8,000	95875

Federal Special Revenue Fund Group	95876

3340	876601	Federal Programs	$	2,762,000	$	2,762,000	95877
TOTAL FED Federal Special Revenue							95878
Fund Group			$	2,762,000	$	2,762,000	95879

TOTAL ALL BUDGET FUND GROUPS

7,324,382

95880

Section 243.10. COM DEPARTMENT OF COMMERCE

95882

General Services Fund Group	95883

1630	800620	Division of Administration	$	7,305,337	$	7,328,301	95884
1630	800637	Information Technology	$	5,999,892	$	6,011,977	95885
5430	800602	Unclaimed Funds-Operating	$	7,836,107	$	7,841,473	95886
5430	800625	Unclaimed Funds-Claims	$	69,700,000	$	69,800,000	95887
5F10	800635	Small Government Fire Departments	$	300,000	$	300,000	95888
TOTAL GSF General Services Fund							95889
Group			$	91,141,336	$	91,281,751	95890

Federal Special Revenue Fund Group	95891

3480	800622	Underground Storage Tanks	$	1,129,518	$	1,129,518	95892
3480	800624	Leaking Underground Storage Tanks	$	1,556,211	$	1,556,211	95893
TOTAL FED Federal Special Revenue							95894
Fund Group			$	2,685,729	$	2,685,729	95895

State Special Revenue Fund Group	95896

4B20	800631	Real Estate Appraisal Recovery	$	35,000	$	35,000	95897
4H90	800608	Cemeteries	$	268,067	$	268,293	95898
4X20	800619	Financial Institutions	$	2,186,271	$	1,990,693	95899
5440	800612	Banks	$	7,242,364	$	6,942,336	95900
5450	800613	Savings Institutions	$	2,257,220	$	2,259,536	95901
5460	800610	Fire Marshal	$	16,523,862	$	15,501,562	95902
5460	800639	Fire Department Grants	$	1,698,802	$	1,698,802	95903
5470	800603	Real Estate Education/Research	$	125,000	$	125,000	95904
5480	800611	Real Estate Recovery	$	25,000	$	25,000	95905
5490	800614	Real Estate	$	3,413,708	$	3,332,308	95906
5500	800617	Securities	$	4,312,434	$	4,314,613	95907
5520	800604	Credit Union	$	3,450,390	$	3,450,390	95908
5530	800607	Consumer Finance	$	3,613,016	$	3,516,861	95909
5560	800615	Industrial Compliance	$	27,639,372	$	27,664,695	95910
5FW0	800616	Financial Literacy Education	$	240,000	$	240,000	95911
5GK0	800609	Securities Investor Education/Enforcement	$	1,135,000	$	485,000	95912
5HV0	800641	Cigarette Enforcement	$	120,000	$	120,000	95913
5X60	800623	Video Service	$	340,299	$	340,630	95914
6530	800629	UST Registration/Permit Fee	$	1,854,675	$	1,509,653	95915
6A40	800630	Real Estate Appraiser-Operating	$	699,565	$	648,890	95916
TOTAL SSR State Special Revenue							95917
Fund Group			$	77,180,045	$	74,469,262	95918

Liquor Control Fund Group	95919

7043	800601	Merchandising	$	472,209,274	$	0	95920
7043	800627	Liquor Control Operating	$	13,398,274	$	10,110,479	95921
7043	800633	Development Assistance Debt Service	$	51,973,200	$	0	95922
7043	800636	Revitalization Debt Service	$	21,129,800	$	0	95923
TOTAL LCF Liquor Control							95924
Fund Group			$	558,710,548	$	10,110,479	95925
TOTAL ALL BUDGET FUND GROUPS			$	729,717,658		178,547,221	95926

SMALL GOVERNMENT FIRE DEPARTMENTS

95927

Notwithstanding section 3737.17 of the Revised Code, the	95928
foregoing appropriation item 800635, Small Government Fire	95929
Departments, may be used to provide loans to private fire	95930
departments.	95931

UNCLAIMED FUNDS PAYMENTS

95932

The foregoing appropriation item 800625, Unclaimed	95933
Funds-Claims, shall be used to pay claims under section 169.08 of	95934
the Revised Code. If it is determined that additional amounts are	95935
necessary, the amounts are appropriated.	95936

UNCLAIMED FUNDS TRANSFERS

95937

Notwithstanding division (A) of section 169.05 of the Revised	95938
Code, on or after June 1, 2012, the Director of Budget and	95939
Management shall request the Director of Commerce to transfer to	95940
the General Revenue Fund up to $115,000,000 of unclaimed funds	95941
that have been reported by holders of unclaimed funds under	95942
section 169.05 of the Revised Code, irrespective of the allocation	95943
of the unclaimed funds under that section. After such request has	95944
been made, the Director of Commerce shall transfer the funds prior	95945
to June 30, 2012.	95946

Notwithstanding division (A) of section 169.05 of the Revised	95947
Code, on or after June 1, 2013, the Director of Budget and	95948
Management shall request the Director of Commerce to transfer to	95949
the General Revenue Fund up to $100,000,000 of unclaimed funds	95950
that have been reported by holders of unclaimed funds under	95951
section 169.05 of the Revised Code, irrespective of the allocation	95952
of the unclaimed funds under that section. After such request has	95953
been made, the Director of Commerce shall transfer the funds prior	95954
to June 30, 2013.	95955

FIRE DEPARTMENT GRANTS

95956

Of the foregoing appropriation item 800639, Fire Department	95957
Grants, up to $1,647,140 in each fiscal year shall be used to make	95958
annual grants to volunteer fire departments, fire departments that	95959
serve one or more small municipalities or small townships, joint	95960
fire districts comprised of fire departments that primarily serve	95961
small municipalities or small townships, local units of government	95962
responsible for such fire departments, and local units of	95963
government responsible for the provision of fire protection	95964
services for small municipalities or small townships.	95965

The grants shall be used by recipients to purchase	95966
firefighting or rescue equipment or gear or similar items, to	95967
provide full or partial reimbursement for the documented costs of	95968
firefighter training, or, at the discretion of the State Fire	95969
Marshal, to cover fire department costs for providing fire	95970
protection services in that grant recipient's jurisdiction.	95971

Grant awards for firefighting or rescue equipment or gear or	95972
for fire department costs of providing fire protection services	95973
shall be up to $15,000 per fiscal year, or up to $25,000 per	95974
fiscal year if an eligible entity serves a jurisdiction in which	95975
the Governor declared a natural disaster during the preceding or	95976
current fiscal year in which the grant was awarded. In addition to	95977
any grant funds awarded for rescue equipment or gear, or for fire	95978
department costs associated with the provision of fire protection	95979
services, an eligible entity may receive a grant for up to $15,000	95980
per fiscal year for full or partial reimbursement of the	95981
documented costs of firefighter training. For each fiscal year,	95982
the State Fire Marshal shall determine the total amounts to be	95983
allocated for each eligible purpose.	95984

The grant program shall be administered by the State Fire	95985
Marshal in accordance with rules the State Fire Marshal adopts as	95986
part of the state fire code adopted pursuant to section 3737.82 of	95987
the Revised Code that are necessary for the administration and	95988
operation of the grant program. The rules may further define the	95989
entities eligible to receive grants and establish criteria for the	95990
awarding and expenditure of grant funds, including methods the	95991
State Fire Marshal may use to verify the proper use of grant funds	95992
or to obtain reimbursement for or the return of equipment for	95993
improperly used grant funds. Any amounts in appropriation item	95994
800639, Fire Department Grants, in excess of the amount allocated	95995
for these grants may be used for the administration of the grant	95996
program.	95997

CASH TRANSFERS TO THE DIVISION OF SECURITIES INVESTOR	95998
EDUCATION AND ENFORCEMENT EXPENSE FUND	95999

The Director of Budget and Management, upon the request of	96000
the Director of Commerce, shall transfer up to $485,000 in cash in	96001
each fiscal year from the Division of Securities Fund (Fund 5500)	96002
to the Division of Securities Investor Education and Enforcement	96003
Expense Fund (Fund 5GK0) created in section 1707.37 of the Revised	96004
Code.	96005

CASH TRANSFER TO VIDEO SERVICE AUTHORIZATION FUND

96006

The Director of Budget and Management, upon the request of	96007
the Director of Commerce, shall transfer up to $340,000 in cash in	96008
each fiscal year from the Division of Administration Fund (Fund	96009
1630) to the Video Service Authorization Fund (Fund 5X60).	96010

INCREASED APPROPRIATION - MERCHANDISING

96011

The foregoing appropriation item 800601, Merchandising, shall	96012
be used under section 4301.12 of the Revised Code. If it is	96013
determined that additional expenditures are necessary, the amounts	96014
are hereby appropriated.	96015

DEVELOPMENT ASSISTANCE DEBT SERVICE

96016

The foregoing appropriation item 800633, Development	96017
Assistance Debt Service, shall be used to pay debt service and	96018
related financing costs at the times they are required to be made	96019
during the period from July 1, 2011, to June 30, 2012, for bond	96020
service charges on obligations issued under Chapter 166. of the	96021
Revised Code. If it is determined that additional appropriations	96022
are necessary for this purpose, such amounts are appropriated,	96023
subject to the limitations set forth in section 166.11 of the	96024
Revised Code. An appropriation for this purpose is not required,	96025
but is made in this form and in this act for record purposes only.	96026

REVITALIZATION DEBT SERVICE

96027

The foregoing appropriation item 800636, Revitalization Debt	96028
Service, shall be used to pay debt service and related financing	96029
costs at the times they are required to be made pursuant to	96030
sections 151.01 and 151.40 of the Revised Code during the period	96031
from July 1, 2011, to June 30, 2012. If it is determined that	96032
additional appropriations are necessary for this purpose, such	96033
amounts are hereby appropriated. The General Assembly acknowledges	96034
the priority of the pledge of a portion of receipts from that	96035
source to obligations issued and to be issued under Chapter 166.	96036
of the Revised Code.	96037

LIQUOR CONTROL FUND TRANSFER

96038

On January 1, 2012, or as soon as possible thereafter, the	96039
Director of Budget and Management may transfer up to $5,600,000 in	96040
cash from the General Revenue Fund to the Liquor Control Fund	96041
(Fund 7043) for the operations of the Liquor Control Commission	96042
and the Department of Public Safety pursuant to Chapter 4301. of	96043
the Revised Code.	96044

On July 1, 2012, or as soon as possible thereafter, the	96045
Director of Budget and Management may transfer up to $11,400,000	96046
in cash from the General Revenue Fund to the Liquor Control Fund	96047
(Fund 7043) for the operations of the Liquor Control Commission	96048
and the Department of Public Safety pursuant to Chapter 4301. of	96049
the Revised Code.	96050

ADMINISTRATIVE ASSESSMENTS

96051

Notwithstanding any other provision of law to the contrary,	96052
the Division of Administration Fund (Fund 1630) is entitled to	96053
receive assessments from all operating funds of the Department in	96054
accordance with procedures prescribed by the Director of Commerce	96055
and approved by the Director of Budget and Management.	96056

Section 245.10. OCC OFFICE OF CONSUMERS' COUNSEL

96057

General Services Fund Group	96058

5F50	053601	Operating Expenses	$	4,141,093	$	4,142,070	96059
TOTAL GSF General Services Fund Group			$	4,141,093	$	4,142,070	96060
TOTAL ALL BUDGET FUND GROUPS			$	4,141,093	$	4,142,070	96061

Section 247.10. CEB CONTROLLING BOARD

96063

General Revenue Fund	96064

GRF	911401	Emergency Purposes/Contingencies	$	10,000,000	$	10,000,000	96065
GRF	911441	Ballot Advertising Costs	$	475,000	$	475,000	96066
TOTAL GRF General Revenue Fund			$	10,475,000	$	10,475,000	96067
TOTAL ALL BUDGET FUND GROUPS			$	10,475,000	$	10,475,000	96068

DISASTER SERVICES FUND TRANSFERS TO THE EMERGENCY	96069
PURPOSES/CONTINGENCIES APPROPRIATION LINE ITEM	96070

The Controlling Board may, at the request of any state agency	96071
or the Director of Budget and Management, transfer all or part of	96072
the appropriation in appropriation item 911401, Emergency	96073
Purposes/Contingencies, for the purpose of providing disaster and	96074
emergency situation aid to state agencies and political	96075
subdivisions in the event of disasters and emergency situations or	96076
for the other purposes noted in this section, including, but not	96077
limited to, costs related to the disturbance that occurred on	96078
April 11, 1993, at the Southern Ohio Correctional Facility in	96079
Lucasville, Ohio.	96080

FEDERAL SHARE

96081

In transferring appropriations to or from appropriation items	96082
that have federal shares identified in this act, the Controlling	96083
Board shall add or subtract corresponding amounts of federal	96084
matching funds at the percentages indicated by the state and	96085
federal division of the appropriations in this act. Such changes	96086
are hereby appropriated.	96087

DISASTER ASSISTANCE

96088

Pursuant to requests submitted by the Department of Public	96089
Safety, the Controlling Board may approve transfers from	96090
appropriation item 911401, Emergency Purposes/Contingencies, to	96091
appropriation items used by the Department of Public Safety to	96092
provide funding for assistance to political subdivisions and	96093
individuals made necessary by natural disasters or emergencies.	96094
Such transfers may be requested and approved prior to or following	96095
the occurrence of any specific natural disasters or emergencies in	96096
order to facilitate the provision of timely assistance.	96097

DISASTER SERVICES

96098

Pursuant to requests submitted by the Department of Public	96099
Safety, the Controlling Board may approve transfers from the	96100
Disaster Services Fund (5E20) to a fund and appropriation item	96101
used by the Department of Public Safety to provide for assistance	96102
to political subdivisions made necessary by natural disasters or	96103
emergencies. These transfers may be requested and approved prior	96104
to the occurrence of any specific natural disasters or emergencies	96105
in order to facilitate the provision of timely assistance. The	96106
Emergency Management Agency of the Department of Public Safety	96107
shall use the funding to fund the State Disaster Relief Program	96108
for disasters that have been declared by the Governor, and the	96109
State Individual Assistance Program for disasters that have been	96110
declared by the Governor and the federal Small Business	96111
Administration. The Ohio Emergency Management Agency shall publish	96112
and make available application packets outlining procedures for	96113
the State Disaster Relief Program and the State Individual	96114
Assistance Program.	96115

Fund 5E20 shall be used by the Controlling Board, pursuant to	96116
requests submitted by state agencies, to transfer cash and	96117
appropriations to any fund and appropriation item for the payment	96118
of state agency disaster relief program expenses for disasters	96119
declared by the Governor, if the Director of Budget and Management	96120
determines that sufficient funds exist.	96121

SOUTHERN OHIO CORRECTIONAL FACILITY COST

96122

The Division of Criminal Justice Services in the Department	96123
of Public Safety and the Public Defender Commission may each	96124
request, upon approval of the Director of Budget and Management,	96125
additional funds from appropriation item 911401, Emergency	96126
Purposes/Contingencies, for costs related to the disturbance that	96127
occurred on April 11, 1993, at the Southern Ohio Correctional	96128
Facility in Lucasville, Ohio.	96129

BALLOT ADVERTISING COSTS

96130

Pursuant to section 3501.17 of the Revised Code, and upon	96131
requests submitted by the Secretary of State, the Controlling	96132
Board shall approve transfers from the foregoing appropriation	96133
item 911441, Ballot Advertising Costs, to appropriation item	96134
050621, Statewide Ballot Advertising, in order to pay for the cost	96135
of public notices associated with statewide ballot initiatives.	96136

CAPITAL APPROPRIATION INCREASE FOR FEDERAL STIMULUS	96137
ELIGIBILITY	96138

A state agency director shall request that the Controlling	96139
Board increase the amount of the agency's capital appropriations	96140
if the director determines such an increase is necessary for the	96141
agency to receive and use funds under the federal American	96142
Recovery and Reinvestment Act of 2009. The Controlling Board may	96143
increase the capital appropriations pursuant to the request up to	96144
the exact amount necessary under the federal act if the Board	96145
determines it is necessary for the agency to receive and use those	96146
federal funds.	96147

Section 249.10. COS STATE BOARD OF COSMETOLOGY

96148

General Services Fund Group	96149

4K90	879609	Operating Expenses	$	3,439,545	$	3,364,030	96150
TOTAL GSF General Services Fund							96151
Group			$	3,439,545	$	3,364,030	96152
TOTAL ALL BUDGET FUND GROUPS			$	3,439,545	$	3,364,030	96153

Section 251.10. CSW COUNSELOR, SOCIAL WORKER, AND MARRIAGE	96155
AND FAMILY THERAPIST BOARD	96156

General Services Fund Group	96157

4K90	899609	Operating Expenses	$	1,204,235	$	1,234,756	96158
TOTAL GSF General Services Fund							96159
Group			$	1,204,235	$	1,234,756	96160
TOTAL ALL BUDGET FUND GROUPS			$	1,204,235	$	1,234,756	96161

Section 253.10. CLA COURT OF CLAIMS

96163

General Revenue Fund	96164

GRF	015321		Operating Expenses		$	2,573,508		$	2,501,052		96165
TOTAL GRF General Revenue Fund					$	2,573,508		$	2,501,052		96166

State Special Revenue Fund Group	96167

5K20	015603	CLA Victims of Crime	$	1,582,684	$	1,582,684	96168
TOTAL SSR State Special Revenue							96169
Fund Group			$	1,582,684	$	1,582,684	96170
TOTAL ALL BUDGET FUND GROUPS			$	4,156,192	$	4,083,736	96171

Section 255.10. AFC OHIO CULTURAL FACILITIES COMMISSION

96173

General Revenue Fund	96174

GRF	371321	Operating Expenses	$	98,636	$	98,636	96175
GRF	371401	Lease Rental Payments	$	27,804,900	$	28,465,000	96176
TOTAL GRF General Revenue Fund			$	27,903,536	$	28,563,636	96177

State Special Revenue Fund Group	96178

4T80	371601	Riffe Theatre Equipment Maintenance	$	80,891	$	80,891	96179
4T80	371603	Project Administration Services	$	1,200,000	$	1,200,000	96180
TOTAL SSR State Special Revenue Group			$	1,280,891	$	1,280,891	96181
TOTAL ALL BUDGET FUND GROUPS			$	29,184,427	$	29,844,527	96182

LEASE RENTAL PAYMENTS

96183

The foregoing appropriation item 371401, Lease Rental	96184
Payments, shall be used to meet all payments at the times they are	96185
required to be made during the period from July 1, 2011 through	96186
June 30, 2013, from the Ohio Cultural Facilities Commission under	96187
the primary leases and agreements for those arts and sports	96188
facilities made under Chapters 152. and 154. of the Revised Code.	96189
These appropriations are the source of funds pledged for bond	96190
service charges on related obligations issued under Chapters 152.	96191
and 154. of the Revised Code.	96192

OPERATING EXPENSES

96193

The foregoing appropriation item 371321, Operating Expenses,	96194
shall be used by the Ohio Cultural Facilities Commission to carry	96195
out its responsibilities under this section and Chapter 3383. of	96196
the Revised Code.	96197

The foregoing appropriation item 371603, Project	96198
Administration Services, shall be used by the Ohio Cultural	96199
Facilities Commission in administering Cultural and Sports	96200
Facilities Building Fund (Fund 7030) projects pursuant to Chapter	96201
3383. of the Revised Code.	96202

By the tenth day following each calendar quarter in each	96203
fiscal year, or as soon as possible thereafter, the Director of	96204
Budget and Management shall determine the amount of cash from	96205
interest earnings to be transferred from the Cultural and Sports	96206
Facilities Building Fund (Fund 7030) to the Cultural Facilities	96207
Commission Administration Fund (Fund 4T80).	96208

As soon as possible after each bond issuance made on behalf	96209
of the Cultural Facilities Commission, the Director of Budget and	96210
Management shall determine the amount of cash from any premium	96211
paid on each issuance that is available to be transferred, after	96212
all issuance costs have been paid, from the Cultural and Sports	96213
Facilities Building Fund (Fund 7030) to the Cultural Facilities	96214
Commission Administration Fund (Fund 4T80).	96215

CAPITAL DONATIONS FUND CERTIFICATIONS AND APPROPRIATIONS

96216

The Executive Director of the Cultural Facilities Commission	96217
shall certify to the Director of Budget and Management the amount	96218
of cash receipts and related investment income, irrevocable	96219
letters of credit from a bank, or certification of the	96220
availability of funds that have been received from a county or a	96221
municipal corporation for deposit into the Capital Donations Fund	96222
(Fund 5A10) and that are related to an anticipated project. These	96223
amounts are hereby appropriated to appropriation item C37146,	96224
Capital Donations. Prior to certifying these amounts to the	96225
Director, the Executive Director shall make a written agreement	96226
with the participating entity on the necessary cash flows required	96227
for the anticipated construction or equipment acquisition project.	96228

Section 257.10. DEN STATE DENTAL BOARD

96229

General Services Fund Group	96230

4K90	880609	Operating Expenses	$	1,574,715	$	1,545,684	96231
TOTAL GSF General Services Fund							96232
Group			$	1,574,715	$	1,545,684	96233
TOTAL ALL BUDGET FUND GROUPS			$	1,574,715	$	1,545,684	96234

Section 259.10. BDP BOARD OF DEPOSIT

96236

General Services Fund Group	96237

4M20	974601	Board of Deposit	$	1,876,000	$	1,876,000	96238
TOTAL GSF General Services Fund							96239
Group			$	1,876,000	$	1,876,000	96240
TOTAL ALL BUDGET FUND GROUPS			$	1,876,000	$	1,876,000	96241

BOARD OF DEPOSIT EXPENSE FUND

96242

Upon receiving certification of expenses from the Treasurer	96243
of State, the Director of Budget and Management shall transfer	96244
cash from the Investment Earnings Redistribution Fund (Fund 6080)	96245
to the Board of Deposit Expense Fund (Fund 4M20). The latter fund	96246
shall be used pursuant to section 135.02 of the Revised Code to	96247
pay for any and all necessary expenses of the Board of Deposit or	96248
for banking charges and fees required for the operation of the	96249
State of Ohio Regular Account.	96250

Section 261.10. DEV DEPARTMENT OF DEVELOPMENT

96251

General Revenue Fund	96252

GRF	195401	Thomas Edison Program	$	13,820,354	$	0	96253
GRF	195402	Coal Development Office	$	260,983	$	261,205	96254
GRF	195404	Small Business Development	$	1,565,770	$	0	96255
GRF	195405	Minority Business Enterprise Division	$	1,118,528	$	0	96256
GRF	195407	Travel and Tourism	$	4,000,000	$	0	96257
GRF	195412	Rapid Outreach Grants	$	9,000,000	$	0	96258
GRF	195415	Strategic Business Investment Division and Regional Offices	$	4,500,000	$	0	96259
GRF	195416	Governor's Office of Appalachia	$	3,700,000	$	0	96260
GRF	195422	Technology Action	$	547,341	$	0	96261
GRF	195426	Clean Ohio Implementation	$	468,365	$	0	96262
GRF	195432	Global Markets	$	3,500,000	$	0	96263
GRF	195434	Industrial Training Grants	$	10,000,000	$	0	96264
GRF	195497	CDBG Operating Match	$	1,015,000	$	0	96265
GRF	195501	Appalachian Local Development Districts	$	391,482	$	0	96266
GRF	195502	Appalachian Regional Commission Dues	$	195,000	$	0	96267
GRF	195528	Economic Development Projects	$	0	$	29,230,000	96268
GRF	195901	Coal Research & Development General Obligation Debt Service	$	7,861,100	$	5,577,700	96269
GRF	195905	Third Frontier Research & Development General Obligation Debt Service	$	29,323,300	$	63,640,300	96270
GRF	195912	Job Ready Site Development General Obligation Debt Service	$	9,859,200	$	15,680,500	96271
TOTAL GRF General Revenue Fund			$	101,126,423	$	114,389,705	96272

General Services Fund Group	96273

1350	195684	Supportive Services	$	13,312,881	$	12,326,381	96274
4W10	195646	Minority Business Enterprise Loan	$	2,500,000	$	2,500,000	96275
5AD0	195633	Legacy Projects	$	15,000,000	$	15,000,000	96276
5AD0	195677	Economic Development Contingency	$	10,000,000	$	0	96277
5W50	195690	Travel and Tourism Cooperative Projects	$	100,000	$	100,000	96278
6850	195636	Direct Cost Recovery Expenditures	$	900,000	$	900,000	96279
TOTAL GSF General Services Fund							96280
Group			$	41,812,881	$	30,826,381	96281

Federal Special Revenue Fund Group	96282

3080	195602	Appalachian Regional Commission	$	475,000	$	475,000	96283
3080	195603	Housing and Urban Development	$	6,000,000	$	6,000,000	96284
3080	195605	Federal Projects	$	85,028,606	$	85,470,106	96285
3080	195609	Small Business Administration	$	6,438,143	$	5,511,381	96286
3080	195618	Energy Federal Grants	$	38,000,000	$	3,400,000	96287
3350	195610	Energy Conservation and Emerging Technology	$	1,100,000	$	1,100,000	96288
3AE0	195643	Workforce Development Initiatives	$	16,300,000	$	16,300,000	96289
3DB0	195642	Federal Stimulus - Energy Efficiency & Conservation Block Grants	$	3,000,000	$	42,485	96290
3EG0	195608	Federal Energy Training	$	5,000,000	$	1,344,056	96291
3K80	195613	Community Development Block Grant	$	76,795,818	$	65,210,000	96292
3K90	195611	Home Energy Assistance Block Grant	$	115,743,608	$	115,743,608	96293
3K90	195614	HEAP Weatherization	$	22,000,000	$	22,000,000	96294
3L00	195612	Community Services Block Grant	$	27,240,217	$	27,240,217	96295
3V10	195601	HOME Program	$	40,000,000	$	40,000,000	96296
TOTAL FED Federal Special Revenue							96297
Fund Group			$	443,121,392	$	389,836,853	96298

State Special Revenue Fund Group	96299

4500	195624	Minority Business Bonding Program Administration	$	160,110	$	159,069	96300
4510	195625	Economic Development Financing Operating	$	3,400,000	$	3,400,000	96301
4F20	195639	State Special Projects	$	180,437	$	180,436	96302
4F20	195676	Marketing Initiatives	$	5,000,000	$	0	96303
4F20	195699	Utility Provided Funds	$	500,000	$	500,000	96304
4S00	195630	Tax Incentive Programs	$	650,800	$	650,800	96305
5HJ0	195604	Motion Picture Tax Credit Program	$	50,000	$	50,000	96306
5HR0	195526	Ohio Workforce Job Training	$	20,000,000	$	30,000,000	96307
5JR0	195656	New Market Tax Credit Program	$	50,000	$	50,000	96308
5KD0	195621	Brownfield Stormwater Loan	$	50,000	$	50,000	96309
5M40	195659	Low Income Energy Assistance	$	245,000,000	$	245,000,000	96310
5M50	195660	Advanced Energy Programs	$	8,000,000	$	8,000,000	96311
5W60	195691	International Trade Cooperative Projects	$	160,000	$	160,000	96312
6170	195654	Volume Cap Administration	$	94,397	$	92,768	96313
6460	195638	Low- and Moderate- Income Housing Trust Fund	$	53,000,000	$	53,000,000	96314
TOTAL SSR State Special Revenue							96315
Fund Group			$	336,295,744	$	341,293,073	96316

Facilities Establishment Fund Group	96317

5S90	195628	Capital Access Loan Program	$	2,000,000	$	2,000,000	96318
7009	195664	Innovation Ohio	$	15,000,000	$	15,000,000	96319
7010	195665	Research and Development	$	22,000,000	$	22,000,000	96320
7037	195615	Facilities Establishment	$	65,000,000	$	65,000,000	96321
TOTAL 037 Facilities							96322
Establishment Fund Group			$	104,000,000	$	104,000,000	96323

Clean Ohio Revitalization Fund	96324

7003	195663		Clean Ohio Operating		$	950,000		$	950,000		96325
TOTAL 7003 Clean Ohio Revitalization Fund					$	950,000		$	950,000		96326

Third Frontier Research & Development Fund Group	96327

7011	195686	Third Frontier Operating	$	1,149,750	$	1,149,750	96328
7011	195687	Third Frontier Research & Development Projects	$	183,850,250	$	133,850,250	96329
7014	195620	Third Frontier Operating - Tax	$	1,700,000	$	1,700,000	96330
7014	195692	Research & Development Taxable Bond Projects	$	38,300,000	$	38,300,000	96331
TOTAL 011 Third Frontier Research & Development Fund Group			$	225,000,000	$	175,000,000	96332

Job Ready Site Development Fund Group	96333

7012	195688		Job Ready Site Operating		$	800,000		$	800,000		96334
TOTAL 012 Job Ready Site Development Fund Group					$	800,000		$	800,000		96335

Tobacco Master Settlement Agreement Fund Group	96336

M087	195435	Biomedical Research and Technology Transfer	$	1,999,224	$	1,999,224	96337
TOTAL TSF Tobacco Master Settlement Agreement Fund Group			$	1,999,224	$	1,999,224	96338
TOTAL ALL BUDGET FUND GROUPS			$	1,255,105,664	$	1,159,095,236	96339

Section 261.10.10. THOMAS EDISON PROGRAM

96341

The foregoing appropriation item 195401, Thomas Edison	96342
Program, shall be used for the purposes of sections 122.28 to	96343
122.38 of the Revised Code. Of the foregoing appropriation item	96344
195401, Thomas Edison Program, not more than ten per cent in each	96345
fiscal year shall be used for operating expenditures in	96346
administering the programs of the Technology and Innovation	96347
Division.	96348

Section 261.10.20. SMALL BUSINESS DEVELOPMENT

96349

The foregoing appropriation item 195404, Small Business	96350
Development, shall be used as matching funds for grants from the	96351
United States Small Business Administration and other federal	96352
agencies, pursuant to Pub. L. No. 96-302 (1980) as amended by Pub.	96353
L. No. 98-395 (1984), and regulations and policy guidelines for	96354
the programs pursuant thereto. This appropriation item also may be	96355
used to provide grants to local organizations to support the	96356
operation of small business development centers and other local	96357
economic development activities that promote small business	96358
development and entrepreneurship.	96359

Section 261.10.30. RAPID OUTREACH GRANTS

96360

Appropriation item 195412, Rapid Outreach Grants, shall be	96361
used as an incentive for attracting, expanding, and retaining	96362
business opportunities for the state in accordance with Chapter	96363
166. of the Revised Code. Of the amount appropriated, no more than	96364
five per cent in each fiscal year shall be used for administrative	96365
costs of the Rapid Outreach Program.	96366

The department shall award funds directly to business	96367
entities considering Ohio for their expansion or new site location	96368
opportunities. Rapid Outreach grants shall be used by recipients	96369
to purchase equipment, make infrastructure improvements, make real	96370
property improvements, or fund other fixed assets. To meet the	96371
particular needs of economic development in a region, the	96372
department may elect to award funds directly to a political	96373
subdivision to assist with making on- or off-site infrastructure	96374
improvements to water and sewage treatment facilities, electric or	96375
gas service connections, fiber optic access, rail facilities, site	96376
preparation, and parking facilities. The Director of Development	96377
may recommend that the funds be used for alternative purposes when	96378
considered appropriate to satisfy an economic development	96379
opportunity or need deemed extraordinary in nature by the Director	96380
including, but not limited to, construction, rehabilitation, and	96381
acquisition projects for rail freight assistance as requested by	96382
the Department of Transportation. The Director of Transportation	96383
shall submit the proposed projects to the Director of Development	96384
for an evaluation of potential economic benefit.	96385

Moneys awarded directly to business entities from the	96386
foregoing appropriation item 195412, Rapid Outreach Grants, may be	96387
expended only after the submission of a request to the Controlling	96388
Board by the Department of Development outlining the planned use	96389
of the funds, and the subsequent approval of the request by the	96390
Controlling Board.	96391

Section 261.10.40. STRATEGIC BUSINESS INVESTMENT DIVISION AND	96392
REGIONAL OFFICES	96393

The foregoing appropriation item 195415, Strategic Business	96394
Investment Division and Regional Offices, shall be used for the	96395
operating expenses of the Strategic Business Investment Division	96396
and the regional economic development offices and for grants for	96397
cooperative economic development ventures.	96398

Section 261.10.50. GOVERNOR'S OFFICE OF APPALACHIA

96399

The foregoing appropriation item 195416, Governor's Office of	96400
Appalachia, may be used for the administrative costs of planning	96401
and liaison activities for the Governor's Office of Appalachia, to	96402
provide financial assistance to projects in Ohio's Appalachian	96403
counties, and to match federal funds from the Appalachian Regional	96404
Commission.	96405

Section 261.10.60. TECHNOLOGY ACTION

96406

The foregoing appropriation item 195422, Technology Action,	96407
shall be used for operating expenses the Department of Development	96408
incurs for administering sections 184.10 to 184.20 of the Revised	96409
Code. If the appropriation is insufficient to cover the operating	96410
expenses, the Department may request Controlling Board approval to	96411
appropriate the additional amount needed in appropriation item	96412
195686, Third Frontier Operating. The Department shall not request	96413
an amount in excess of the amount needed.	96414

Section 261.10.70. CLEAN OHIO IMPLEMENTATION

96415

The foregoing appropriation item 195426, Clean Ohio	96416
Implementation, shall be used to fund the costs of administering	96417
the Clean Ohio Revitalization program and other urban	96418
revitalization programs that may be implemented by the Department	96419
of Development.	96420

Section 261.10.80. GLOBAL MARKETS

96421

The foregoing appropriation item 195432, Global Markets,	96422
shall be used to administer Ohio's foreign trade and investment	96423
programs, including operation and maintenance of Ohio's	96424
out-of-state trade and investment offices. This appropriation item	96425
also shall be used to fund the Global Markets Division and to	96426
assist Ohio manufacturers, agricultural producers, and service	96427
providers in exporting to foreign countries and to assist in the	96428
attraction of foreign direct investment.	96429

Of the foregoing appropriation item 195432, Global Markets,	96430
$100,000 in fiscal year 2012 shall be used to support the Negev	96431
Foundation as part of the Ohio-Israel Initiative.	96432

Section 261.10.90. OHIO WORKFORCE GUARANTEE PROGRAM

96433

The foregoing appropriation item 195434, Industrial Training	96434
Grants, may be used for the Ohio Workforce Guarantee Program to	96435
promote training through grants to businesses and, in the case of	96436
a business consortium, training and education providers for the	96437
reimbursement of eligible training expenses.	96438

Section 261.20.10. ECONOMIC DEVELOPMENT PROJECTS

96439

The foregoing appropriation item 195528, Economic Development	96440
Projects, may be used for the purposes of Chapter 122. of the	96441
Revised Code. This appropriation item is made in anticipation of	96442
the evaluation of all powers, functions, and duties of the	96443
Department of Development by the Director of Development, as	96444
prescribed in Section 187.05 of the Revised Code. It is the intent	96445
of the General Assembly that the appropriations in the	96446
appropriation item be reallocated upon completion of the	96447
evaluation.	96448

Of the foregoing appropriation item 195528, Economic	96449
Development Projects, $100,000 in fiscal year 2013 shall be used	96450
to support the Negev Foundation as part of the Ohio-Israel	96451
Initiative.	96452

Section 261.20.20. OHIO FILM OFFICE

96453

The Ohio Film Office shall promote media productions in the	96454
state and help the industry optimize its production experience in	96455
the state by enhancing local economies through increased	96456
employment and tax revenues and ensuring an accurate portrayal of	96457
Ohio. The Office shall serve as an informational clearinghouse and	96458
provide technical assistance to the media production industry and	96459
business entities engaged in media production in the state. The	96460
Office shall promote Ohio as the ideal site for media production	96461
and help those in the industry benefit from their experience in	96462
the state.	96463

The primary objective of the Office shall be to encourage	96464
development of a strong capital base for electronic media	96465
production in order to achieve an independent, self-supporting	96466
industry in Ohio. Other objectives shall include:	96467

(A) Attracting private investment for the electronic media	96468
production industry;	96469

(B) Developing a tax infrastructure that encourages private	96470
investment; and	96471

(C) Encouraging increased employment opportunities within	96472
this sector and increased competition with other states.	96473

Section 261.20.30. COAL RESEARCH AND DEVELOPMENT GENERAL	96474
OBLIGATION DEBT SERVICE	96475

The foregoing appropriation line item 195901, Coal Research	96476
and Development General Obligation Debt Service, shall be used to	96477
pay all debt service and related financing costs during the period	96478
July 1, 2011, through June 30, 2013 for obligations issued under	96479
sections 151.01 and 151.07 of the Revised Code.	96480

THIRD FRONTIER RESEARCH & DEVELOPMENT GENERAL OBLIGATION DEBT	96481
SERVICE	96482

The foregoing appropriation item 195905, Third Frontier	96483
Research & Development General Obligation Debt Service, shall be	96484
used to pay all debt service and related financing costs during	96485
the period from July 1, 2011, through June 30, 2013, on	96486
obligations issued for research and development purposes under	96487
sections 151.01 and 151.10 of the Revised Code.	96488

JOB READY SITE DEVELOPMENT GENERAL OBLIGATION DEBT SERVICE

96489

The foregoing appropriation item 195912, Job Ready Site	96490
Development General Obligation Debt Service, shall be used to pay	96491
all debt service and related financing costs during the period	96492
from July 1, 2011, through June 30, 2013, on obligations issued	96493
for job ready site development purposes under sections 151.01 and	96494
151.11 of the Revised Code.	96495

Section 261.20.40. SUPPORTIVE SERVICES

96496

The Director of Development may assess divisions of the	96497
department for the cost of central service operations. An	96498
assessment shall contain the characteristics of administrative	96499
ease and uniform application. A division's payments shall be	96500
credited to the Supportive Services Fund (Fund 1350) using an	96501
intrastate transfer voucher.	96502

ECONOMIC DEVELOPMENT CONTINGENCY

96503

The foregoing appropriation item 195677, Economic Development	96504
Contingency, may be used to award funds directly to either (1)	96505
business entities considering Ohio for expansion or new site	96506
location opportunities or (2) political subdivisions to assist	96507
with necessary costs involved in attracting a business entity. In	96508
addition, the Director of Development may award funds for	96509
alternative purposes when appropriate to satisfy an economic	96510
development opportunity or need deemed extraordinary in nature by	96511
the Director.	96512

DIRECT COST RECOVERY EXPENDITURES

96513

The foregoing appropriation item 195636, Direct Cost Recovery	96514
Expenditures, shall be used for reimbursable costs. Revenues to	96515
the General Reimbursement Fund (Fund 6850) shall consist of moneys	96516
charged for administrative costs that are not central service	96517
costs.	96518

Section 261.20.50. HEAP WEATHERIZATION

96519

Up to fifteen per cent of the federal funds deposited to the	96520
credit of the Home Energy Assistance Block Grant Fund (Fund 3K90)	96521
may be expended from appropriation item 195614, HEAP	96522
Weatherization, to provide home weatherization services in the	96523
state as determined by the Director of Development. Any transfers	96524
or increases in appropriation for the foregoing appropriation	96525
items 195614, HEAP Weatherization, or 195611, Home Energy	96526
Assistance Block Grant, shall be subject to approval by the	96527
Controlling Board.	96528

Section 261.20.60. STATE SPECIAL PROJECTS

96529

The State Special Projects Fund (Fund 4F20), may be used for	96530
the deposit of private-sector funds from utility companies and for	96531
the deposit of other miscellaneous state funds. State moneys so	96532
deposited shall be used to match federal housing grants for the	96533
homeless and to market economic development opportunities in the	96534
state. Private-sector moneys shall be deposited for use in	96535
appropriation item 195699, Utility Provided Funds, and shall be	96536
used to (1) pay the expenses of verifying the income-eligibility	96537
of HEAP applicants, (2) leverage additional federal funds, (3)	96538
fund special projects to assist homeless individuals, (4) fund	96539
special projects to assist with the energy efficiency of	96540
households eligible to participate in the Percentage of Income	96541
Payment Plan, and (5) assist with training programs for agencies	96542
that administer low-income customer assistance programs.	96543

Section 261.20.70. TAX INCENTIVE PROGRAMS OPERATING

96544

The foregoing appropriation item 195630, Tax Incentive	96545
Programs, shall be used for the operating costs of the Office of	96546
Grants and Tax Incentives.	96547

Section 261.20.80. MINORITY BUSINESS ENTERPRISE LOAN

96548

All repayments from the Minority Development Financing	96549
Advisory Board Loan Program and the Ohio Mini-Loan Guarantee	96550
Program shall be deposited in the State Treasury to the credit of	96551
the Minority Business Enterprise Loan Fund (Fund 4W10). Operating	96552
costs of administering the Minority Business Enterprise Loan Fund	96553
may be paid from the Minority Business Enterprise Loan Fund (Fund	96554
4W10).	96555

MINORITY BUSINESS BONDING FUND

96556

Notwithstanding Chapters 122., 169., and 175. of the Revised	96557
Code, the Director of Development may, upon the recommendation of	96558
the Minority Development Financing Advisory Board, pledge up to	96559
$10,000,000 in the fiscal year 2012-fiscal year 2013 biennium of	96560
unclaimed funds administered by the Director of Commerce and	96561
allocated to the Minority Business Bonding Program under section	96562
169.05 of the Revised Code. The transfer of any cash by the	96563
Director of Budget and Management from the Department of	96564
Commerce's Unclaimed Funds Fund (Fund 5430) to the Department of	96565
Development's Minority Business Bonding Fund (Fund 4490) shall	96566
occur, if requested by the Director of Development, only if such	96567
funds are needed for payment of losses arising from the Minority	96568
Business Bonding Program, and only after proceeds of the initial	96569
transfer of $2,700,000 by the Controlling Board to the Minority	96570
Business Bonding Program has been used for that purpose. Moneys	96571
transferred by the Director of Budget and Management from the	96572
Department of Commerce for this purpose may be moneys in custodial	96573
funds held by the Treasurer of State. If expenditures are required	96574
for payment of losses arising from the Minority Business Bonding	96575
Program, such expenditures shall be made from appropriation item	96576
195623, Minority Business Bonding Contingency in the Minority	96577
Business Bonding Fund, and such amounts are hereby appropriated.	96578

Section 261.20.90. OHIO INCUMBENT WORKFORCE TRAINING VOUCHERS

96579

(A) On July 1, 2011, or as soon as possible thereafter, the	96580
Director of Budget and Management shall transfer up to $20,000,000	96581
from the Economic Development Programs Fund (Fund 5JC0) used by	96582
the Board of Regents to the Ohio Incumbent Workforce Job Training	96583
Fund (Fund 5HR0) used by the Department of Development.	96584

On July 1, 2012, or as soon as possible thereafter, the	96585
Director of Budget and Management shall transfer up to $30,000,000	96586
from the Economic Development Programs Fund (Fund 5JC0) used by	96587
the Board of Regents to the Ohio Incumbent Workforce Job Training	96588
Fund (Fund 5HR0) used by the Department of Development.	96589

(B) Of the foregoing appropriation item 195526, Ohio	96590
Workforce Job Training, up to $20,000,000 in fiscal year 2012 and	96591
up to $30,000,000 in fiscal year 2013 shall be used to support the	96592
Ohio Incumbent Workforce Training Voucher Program. The Director of	96593
Development and the Chief Investment Officer of JobsOhio may enter	96594
into an agreement to operate the program pursuant to the contract	96595
between the Department of Development and JobsOhio under section	96596
187.04 of the Revised Code. The agreement may include a provision	96597
for granting, loaning, or transferring funds from appropriation	96598
item 195526, Ohio Incumbent Workforce Job Training, to JobsOhio to	96599
provide training for incumbent workers.	96600

(C) Any agreement between the Director and the Chief	96601
Investment Officer under division (B) of this section shall	96602
include guidelines for the operation of the program, including,	96603
but not limited to, the following:	96604

(1) A requirement that a training voucher under the program	96605
shall not exceed $6,000 per worker per year;	96606

(2) A provision for an employer of an eligible employee to	96607
apply for a voucher on behalf of the eligible employee;	96608

(3) A provision for an eligible employee to apply directly	96609
for a training voucher with the pre-approval of the employee's	96610
employer; and	96611

(4) A requirement that an employee participating in the	96612
program, or the employee's employer, shall pay for not less than	96613
thirty-three per cent of the training costs under the program.	96614

Section 261.30.10. ADVANCED ENERGY FUND

96615

The foregoing appropriation item 195660, Advanced Energy	96616
Programs, shall be used to provide financial assistance to	96617
customers for eligible advanced energy projects for residential,	96618
commercial, and industrial business, local government, educational	96619
institution, nonprofit, and agriculture customers, and to pay for	96620
the program's administrative costs as provided in sections 4928.61	96621
to 4928.63 of the Revised Code and rules adopted by the Director	96622
of Development.	96623

VOLUME CAP ADMINISTRATION

96624

The foregoing appropriation item 195654, Volume Cap	96625
Administration, shall be used for expenses related to the	96626
administration of the Volume Cap Program. Revenues received by the	96627
Volume Cap Administration Fund (Fund 6170) shall consist of	96628
application fees, forfeited deposits, and interest earned from the	96629
custodial account held by the Treasurer of State.	96630

Section 261.30.20. INNOVATION OHIO LOAN FUND

96631

The foregoing appropriation item 195664, Innovation Ohio,	96632
shall be used to provide for innovation Ohio purposes, including	96633
loan guarantees and loans under Chapter 166. and particularly	96634
sections 166.12 to 166.16 of the Revised Code.	96635

RESEARCH AND DEVELOPMENT

96636

The foregoing appropriation item 195665, Research and	96637
Development, shall be used to provide for research and development	96638
purposes, including loans, under Chapter 166. and particularly	96639
sections 166.17 to 166.21 of the Revised Code.	96640

LOGISTICS AND DISTRIBUTION INFRASTRUCTURE

96641

Appropriation item 195698, Logistics and Distribution	96642
Infrastructure, shall be used for eligible logistics and	96643
distribution infrastructure projects as defined in section 166.01	96644
of the Revised Code. Any unexpended and unencumbered portion of	96645
the appropriation item at the end of fiscal year 2011 is hereby	96646
reappropriated for the same purpose in fiscal year 2012, and any	96647
unexpended and unencumbered portion of the appropriation item at	96648
the end of fiscal year 2012 is hereby reappropriated for the same	96649
purpose in fiscal year 2013.	96650

After all encumbrances have been paid, the Director of Budget	96651
and Management shall transfer the remaining cash balance in the	96652
Logistics and Distribution Infrastructure Fund (Fund 7008) to the	96653
Facilities Establishment Fund (Fund 7037).	96654

FACILITIES ESTABLISHMENT FUND

96655

The foregoing appropriation item 195615, Facilities	96656
Establishment (Fund 7037), shall be used for the purposes of the	96657
Facilities Establishment Fund under Chapter 166. of the Revised	96658
Code.	96659

Notwithstanding Chapter 166. of the Revised Code, an amount	96660
not to exceed $1,000,000 in cash in fiscal year 2012 may be	96661
transferred from the Facilities Establishment Fund (Fund 7037) to	96662
the Economic Development Financing Operating Fund (Fund 4510). The	96663
transfer is subject to Controlling Board approval under division	96664
(B) of section 166.03 of the Revised Code.	96665

Notwithstanding Chapter 166. of the Revised Code, the	96666
Director of Budget and Management may transfer an amount not to	96667
exceed $2,500,000 in cash in each fiscal year from the Facilities	96668
Establishment Fund (Fund 7037) to the Minority Business Enterprise	96669
Loan Fund (Fund 4W10).	96670

On July 1, 2011, or as soon as possible thereafter, the	96671
Director of Budget and Management shall transfer the unexpended	96672
and unencumbered cash balance in the Urban Development Loans Fund	96673
(Fund 5D20) to the Facilities Establishment Fund (Fund 7037).	96674

On July 1, 2011, or as soon as possible thereafter, the	96675
Director of Budget and Management shall transfer the unexpended	96676
and unencumbered cash balance in the Rural Industrial Park Loan	96677
Fund (Fund 4Z60) to the Facilities Establishment Fund (Fund 7037).	96678

CAPITAL ACCESS LOAN PROGRAM

96679

The foregoing appropriation item 195628, Capital Access Loan	96680
Program, shall be used for operating, program, and administrative	96681
expenses of the program. Funds of the Capital Access Loan Program	96682
shall be used to assist participating financial institutions in	96683
making program loans to eligible businesses that face barriers in	96684
accessing working capital and obtaining fixed-asset financing.	96685

Section 261.30.30. CLEAN OHIO OPERATING EXPENSES

96686

The foregoing appropriation item 195663, Clean Ohio	96687
Operating, shall be used by the Department of Development in	96688
administering Clean Ohio Revitalization Fund (Fund 7003) projects	96689
pursuant to sections 122.65 to 122.658 of the Revised Code.	96690

Section 261.30.40. THIRD FRONTIER OPERATING

96691

The foregoing appropriation items 195686, Third Frontier	96692
Operating, and 195620, Third Frontier Operating - Tax, shall be	96693
used for operating expenses incurred by the Department of	96694
Development in administering projects pursuant to sections 184.10	96695
to 184.20 of the Revised Code. Operating expenses paid from item	96696
195686 shall be limited to the administration of projects funded	96697
from the Third Frontier Research & Development Fund (Fund 7011)	96698
and operating expenses paid from item 195620 shall be limited to	96699
the administration of projects funded from the Third Frontier	96700
Research & Development Taxable Bond Project Fund (Fund 7014).	96701

Section 261.30.50. THIRD FRONTIER RESEARCH AND DEVELOPMENT	96702
PROJECTS AND RESEARCH AND DEVELOPMENT TAXABLE BOND PROJECTS	96703

The foregoing appropriation items 195687, Third Frontier	96704
Research & Development Projects, 195692, Research & Development	96705
Taxable Bond Projects, and 195620, Third Frontier Operating - Tax,	96706
shall be used by the Department of Development to fund selected	96707
projects. Eligible costs are those costs of research and	96708
development projects to which the proceeds of the Third Frontier	96709
Research & Development Fund (Fund 7011) and the Research &	96710
Development Taxable Bond Project Fund (Fund 7014) are to be	96711
applied.	96712

TRANSFERS OF THIRD FRONTIER APPROPRIATIONS

96713

The Director of Budget and Management may approve written	96714
requests from the Director of Development for the transfer of	96715
appropriations between appropriation items 195687, Third Frontier	96716
Research & Development Projects, and 195692, Research &	96717
Development Taxable Bond Projects, based upon awards recommended	96718
by the Third Frontier Commission. The transfers are subject to	96719
approval by the Controlling Board.	96720

On or before June 30, 2012, any unexpended and unencumbered	96721
portions of the foregoing appropriation items 195687, Third	96722
Frontier Research & Development Projects, and 195692, Research &	96723
Development Taxable Bond Projects, for fiscal year 2012 are hereby	96724
reappropriated to the Department of Development for the same	96725
purposes for fiscal year 2013.	96726

AUTHORITY TO ISSUE AND SELL ORIGINAL OBLIGATIONS

96727

The Ohio Public Facilities Commission, upon request of the	96728
Department of Development, is hereby authorized to issue and sell,	96729
in accordance with Section 2p of Article VIII, Ohio Constitution,	96730
and particularly sections 151.01 and 151.10 of the Revised Code,	96731
original obligations of the State of Ohio in an aggregate amount	96732
not to exceed $400,000,000 in addition to the original issuance of	96733
obligations authorized by prior acts of the General Assembly. The	96734
authorized obligations shall be issued and sold from time to time	96735
and in amounts necessary to ensure sufficient moneys to the credit	96736
of the Third Frontier Research and Development Fund (Fund 7011) to	96737
pay costs of research and development projects.	96738

Section 261.30.60. JOB READY SITE OPERATING

96739

The foregoing appropriation item 195688, Job Ready Site	96740
Operating, shall be used for operating expenses incurred by the	96741
Department of Development in administering Job Ready Site	96742
Development Fund (Fund 7012) projects pursuant to sections 122.085	96743
to 122.0820 of the Revised Code. Operating expenses include, but	96744
are not limited to, certain qualified expenses of the District	96745
Public Works Integrating Committees, as applicable, engineering	96746
review of submitted applications by the State Architect or a third	96747
party engineering firm, audit and accountability activities, and	96748
costs associated with formal certifications verifying that site	96749
infrastructure is in place and is functional.	96750

Section 261.30.70. OHIO COAL DEVELOPMENT OFFICE

96751

On July 1, 2011, or as soon as possible thereafter, the	96752
Director of Budget and Management shall transfer any unexpended	96753
and unencumbered portion of appropriation item 898604, Coal	96754
Research and Development Fund, used by the Ohio Air Quality	96755
Development Authority, to a new capital appropriation item in the	96756
Department of Development, to be determined by the Director. The	96757
Director also shall cancel all outstanding encumbrances against	96758
appropriation item 898604, Coal Research and Development Fund, and	96759
reestablish them against the foregoing new capital appropriation	96760
item. The amounts of the transfer and the reestablished	96761
encumbrances, plus $2,283,264, are hereby appropriated for fiscal	96762
year 2012 in the foregoing new appropriation item and shall be	96763
used to provide funding for coal research and development	96764
purposes.	96765

Section 261.30.80. THIRD FRONTIER BIOMEDICAL RESEARCH AND	96766
COMMERCIALIZATION SUPPORT	96767

The General Assembly and the Governor recognize the role that	96768
the biomedical industry has in job creation, innovation, and	96769
economic development throughout Ohio. It is the intent of the	96770
General Assembly, the Governor, the Director of Development, and	96771
the Director of Budget and Management to work together in	96772
continuing to provide comprehensive state support for the	96773
biomedical industry.	96774

Section 261.30.90. UNCLAIMED FUNDS TRANSFER

96775

(A) Notwithstanding division (A) of section 169.05 of the	96776
Revised Code, upon the request of the Director of Budget and	96777
Management, the Director of Commerce, before June 30, 2012, shall	96778
transfer to the Job Development Initiatives Fund (Fund 5AD0) an	96779
amount not to exceed $25,000,000 in cash of the unclaimed funds	96780
that have been reported by the holders of unclaimed funds under	96781
section 169.05 of the Revised Code, regardless of the allocation	96782
of the unclaimed funds described under that section.	96783

Notwithstanding division (A) of section 169.05 of the Revised	96784
Code, upon the request of the Director of Budget and Management,	96785
the Director of Commerce, before June 30, 2013, shall transfer to	96786
the Job Development Initiatives Fund (Fund 5AD0) an amount not to	96787
exceed $15,000,000 in cash of the unclaimed funds that have been	96788
reported by the holders of unclaimed funds under section 169.05 of	96789
the Revised Code, regardless of the allocation of the unclaimed	96790
funds described under that section.	96791

(B) Notwithstanding division (A) of section 169.05 of the	96792
Revised Code, upon the request of the Director of Budget and	96793
Management, the Director of Commerce, before June 30, 2012, shall	96794
transfer to the State Special Projects Fund (Fund 4F20) an amount	96795
not to exceed $5,000,000 in cash of the unclaimed funds that have	96796
been reported by the holders of unclaimed funds under section	96797
169.05 of the Revised Code, regardless of the allocation of the	96798
unclaimed funds described under that section.	96799

Section 261.40.10. WORKFORCE DEVELOPMENT

96800

The Director of Development and the Director of Job and	96801
Family Services may enter into one or more interagency agreements	96802
between the two departments and take other actions the directors	96803
consider appropriate to further integrate workforce development	96804
into a larger economic development strategy, to implement the	96805
recommendations of the Workforce Policy Board, and to complete	96806
activities related to the transition of the administration of	96807
employment programs identified by the board. Subject to the	96808
approval of the Director of Budget and Management, the Department	96809
of Development and the Department of Job and Family Services may	96810
expend moneys to support the recommendations of the Workforce	96811
Policy Board in the area of integration of employment functions as	96812
described in this paragraph and to complete implementation and	96813
transition activities from the appropriations to those	96814
departments.	96815

Section 263.10. DDD DEPARTMENT OF DEVELOPMENTAL DISABILITIES

96816

General Revenue Fund	96817

GRF	320321	Central Administration	$	4,422,794	$	4,422,794	96818
GRF	320412	Protective Services	$	2,174,826	$	1,957,343	96819
GRF	320415	Lease-Rental Payments	$	18,394,250	$	19,907,900	96820
GRF	322407	Medicaid State Match	$	218,034,162	$	214,902,506	96821
GRF	322451	Family Support Services	$	5,932,758	$	5,932,758	96822
GRF	322501	County Boards Subsidies	$	40,906,365	$	44,449,280	96823
GRF	322503	Tax Equity	$	14,000,000	$	14,000,000	96824
TOTAL GRF General Revenue Fund			$	303,865,155	$	305,572,581	96825

General Services Fund Group	96826

1520	323609		Developmental Center and Residential Operating Services		$	3,414,317		$	3,414,317		96827
TOTAL GSF General Services Fund Group					$	3,414,317		$	3,414,317		96828

Federal Special Revenue Fund Group	96829

3A50	320613	DD Council	$	3,341,572	$	3,341,572	96830
3250	322612	Community Social Service Programs	$	11,017,754	$	10,604,896	96831
3DZ0	322648	Enhanced Medicaid - Federal	$	10,000,000	$	0	96832
3G60	322639	Medicaid Waiver - Federal	$	866,566,007	$	985,566,007	96833
3M70	322650	CAFS Medicaid	$	29,349,502	$	29,349,502	96834
3A40	323605	Developmental Center and Residential Facility Services and Support	$	180,266,029	$	179,384,881	96835
TOTAL FED Federal Special Revenue Fund Group			$	1,100,540,864	$	1,208,246,858	96836

State Special Revenue Fund Group	96837

5GE0	320606	Operating and Services	$	7,406,609	$	7,407,297	96838
2210	322620	Supplement Service Trust	$	150,000	$	150,000	96839
4K80	322604	Medicaid Waiver - State Match	$	12,000,000	$	12,000,000	96840
5CT0	322632	Intensive Behavioral Needs	$	1,000,000	$	1,000,000	96841
5DJ0	322625	Targeted Case Management Match	$	21,000,000	$	24,000,000	96842
5DJ0	322626	Targeted Case Management Services	$	57,307,357	$	66,000,000	96843
5DK0	322629	Capital Replacement Facilities	$	750,000	$	750,000	96844
5EV0	322627	Program Fees	$	685,000	$	685,000	96845
5H00	322619	Medicaid Repayment	$	160,000	$	160,000	96846
5JX0	322651	Interagency Workgroup - Autism	$	45,000		45,000	96847
5Z10	322624	County Board Waiver Match	$	235,000,000	$	290,000,000	96848
4890	323632	Developmental Center Direct Care Support	$	16,497,170	$	16,497,169	96849
5S20	590622	Medicaid Administration & Oversight	$	20,875,567	$	21,727,540	96850
TOTAL SSR State Special Revenue Fund Group			$	372,876,703	$	440,422,006	96851
TOTAL ALL BUDGET FUND GROUPS			$	1,780,697,039	$	1,957,655,762	96852

Section 263.10.10. LEASE-RENTAL PAYMENTS

96854

The foregoing appropriation item 320415, Lease-Rental	96855
Payments, shall be used to meet all payments at the times they are	96856
required to be made during the period from July 1, 2011, through	96857
June 30, 2013, by the Department of Developmental Disabilities	96858
under leases and agreements made under section 154.20 of the	96859
Revised Code. These appropriations are the source of funds pledged	96860
for bond service charges or obligations issued pursuant to Chapter	96861
154. of the Revised Code.	96862

Section 263.10.20. MEDICAID - STATE MATCH (GRF)

96863

Except as otherwise provided in section 5123.0416 of the	96864
Revised Code, the purposes for which the foregoing appropriation	96865
item 322407, Medicaid State Match, shall be used include the	96866
following:	96867

(A) Home and community-based waiver services under Title XIX	96868
of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301,	96869
as amended.	96870

(B) To pay the nonfederal share of the cost of one or more	96871
new intermediate care facilities for the mentally retarded	96872
certified beds, if the Director of Developmental Disabilities is	96873
required by this act to transfer cash from funds used by the	96874
Department to any fund used by the Department of Job and Family	96875
Services to pay such nonfederal share.	96876

(C) To implement the requirements of the agreement settling	96877
the consent decree in Sermak v. Manuel, Case No. C-2-80-220,	96878
United States District Court for the Southern District of Ohio,	96879
Eastern Division.	96880

(D) To implement the requirements of the agreement settling	96881
the consent decree in the Martin v. Strickland, Case No.	96882
89-CV-00362, United States District Court for the Southern	96883
District of Ohio, Eastern Division.	96884

(E) Developmental center and residential facilities services.

96885

(F) Other programs as identified by the Director of	96886
Developmental Disabilities.	96887

Section 263.10.30. FAMILY SUPPORT SERVICES SUBSIDY

96888

(A) The foregoing appropriation item 322451, Family Support	96889
Services, may be used as follows in fiscal year 2012 and fiscal	96890
year 2013:	96891

(1) The appropriation item may be used to provide a subsidy	96892
to county boards of developmental disabilities for family support	96893
services provided under section 5126.11 of the Revised Code. The	96894
subsidy shall be paid in quarterly installments and allocated to	96895
county boards according to a formula the Director of Developmental	96896
Disabilities shall develop in consultation with representatives of	96897
county boards. A county board shall use not more than seven per	96898
cent of its subsidy for administrative costs.	96899

(2) The appropriation item may be used to distribute funds to	96900
county boards for the purpose of addressing economic hardships and	96901
to promote efficiency of operations. In consultation with	96902
representatives of county boards, the Director shall determine the	96903
amount of funds to distribute for these purposes and the criteria	96904
for distributing the funds.	96905

(B) Each county board shall submit reports to the Department	96906
of Developmental Disabilities on the use of funds received under	96907
this section. The reports shall be submitted at the times and in	96908
the manner specified in rules the Director shall adopt in	96909
accordance with Chapter 119. of the Revised Code.	96910

Section 263.10.40. STATE SUBSIDY TO COUNTY DD BOARDS

96911

(A) Except as otherwise provided in the section of this act	96912
titled "Nonfederal Share of New ICF/MR Beds," the foregoing	96913
appropriation item 322501, County Boards Subsidies, shall be used	96914
for the following purposes:	96915

(1) To provide a subsidy to county boards of developmental	96916
disabilities in quarterly installments and allocated according to	96917
a formula developed by the Director of Developmental Disabilities	96918
in consultation with representatives of county boards. Except as	96919
otherwise provided in section 5126.0511 of the Revised Code, or in	96920
division (B) of this section, county boards shall use the subsidy	96921
for early childhood services and adult services provided under	96922
section 5126.05 of the Revised Code, service and support	96923
administration provided under section 5126.15 of the Revised Code,	96924
or supported living as defined in section 5126.01 of the Revised	96925
Code.	96926

(2) To provide funding, as determined necessary by the	96927
Director of Developmental Disabilities, for residential services,	96928
including room and board, and support service programs that enable	96929
individuals with developmental disabilities to live in the	96930
community.	96931

(3) To distribute funds to county boards of developmental	96932
disabilities to address economic hardships and promote efficiency	96933
of operations. The Director shall determine, in consultation with	96934
representatives of county boards, the amount of funds to	96935
distribute for these purposes and the criteria for distributing	96936
the funds.	96937

(B) In collaboration with the county's family and children	96938
first council, a county board of developmental disabilities may	96939
transfer portions of funds received under this section, to a	96940
flexible funding pool in accordance with the section titled FAMILY	96941
AND CHILDREN FIRST FLEXIBLE FUNDING POOL.	96942

Section 263.10.50. COUNTY BOARD SHARE OF WAIVER SERVICES

96943

As used in this section, "home and community-based services"	96944
has the same meaning as in section 5123.01 of the Revised Code.	96945

The Director of Developmental Disabilities shall establish a	96946
methodology to be used in fiscal year 2012 and fiscal year 2013 to	96947
estimate the quarterly amount each county board of developmental	96948
disabilities is to pay of the nonfederal share of home and	96949
community-based services that section 5126.0510 of the Revised	96950
Code requires county boards to pay. Each quarter, the Director	96951
shall submit to a county board written notice of the amount the	96952
county board is to pay for that quarter. The notice shall specify	96953
when the payment is due.	96954

Section 263.10.60. TAX EQUITY

96955

Notwithstanding section 5126.18 of the Revised Code, the	96956
foregoing appropriation item 322503, Tax Equity, may be used to	96957
distribute funds to county boards of developmental disabilities to	96958
address economic hardships and promote efficiency of operations.	96959
The Director shall determine, in consultation with representatives	96960
of county boards, the amount of funds to distribute for these	96961
purposes and the criteria for distributing the funds.	96962

Section 263.10.70. MEDICAID WAIVER - STATE MATCH

96963

The foregoing appropriation item 322604, Medicaid Waiver -	96964
State Match (Fund 4K80), shall be used as state matching funds for	96965
home and community-based waivers.	96966

Section 263.10.80. ICF/MR CONVERSION

96967

(A) As used in this section, "home and community-based	96968
services" has the same meaning as in section 5123.01 of the	96969
Revised Code.	96970

(B) For each quarter of the biennium, the Director of	96971
Developmental Disabilities shall certify to the Director of Budget	96972
and Management the estimated amount needed to fund the provision	96973
of home and community-based services made available by the slots	96974
sought under section 5111.877 of the Revised Code. On receipt of	96975
certification, the Director of Budget and Management shall	96976
transfer the estimated amount in cash from the General Revenue	96977
Fund to the Home and Community-Based Services Fund (Fund 4K80),	96978
used by the Department of Developmental Disabilities. Upon	96979
completion of the transfer, appropriation item 600525, Health	96980
Care/Medicaid, is hereby reduced by the amount transferred under	96981
this section plus the corresponding federal share. The amount	96982
transferred to Fund 4K80 is hereby appropriated to appropriation	96983
item 322604, Medicaid Waiver – State Match.	96984

(C) If receipts credited to the Medicaid Waiver Fund (Fund	96985
3G60) exceed the amounts appropriated from the fund, the Director	96986
of Developmental Disabilities may request the Director of Budget	96987
and Management to authorize expenditures from the fund in excess	96988
of the amounts appropriated. Upon the approval of the Director of	96989
Budget and Management, the additional amounts are hereby	96990
appropriated.	96991

(D) If receipts credited to the Interagency Reimbursement	96992
Fund (Fund 3G50) exceed the amounts appropriated from the fund,	96993
the Director of Job and Family Services may request the Director	96994
of Budget and Management to authorize expenditures from the fund	96995
in excess of the amounts appropriated. Upon approval of the	96996
Director of Budget and Management, the additional amounts are	96997
hereby appropriated.	96998

Section 263.10.90. TARGETED CASE MANAGEMENT SERVICES

96999

County boards of developmental disabilities shall pay the	97000
nonfederal portion of targeted case management costs to the	97001
Department of Developmental Disabilities.	97002

The Directors of Developmental Disabilities and Job and	97003
Family Services may enter into an interagency agreement under	97004
which the Department of Developmental Disabilities shall transfer	97005
cash from the Targeted Case Management Fund (Fund 5DJ0) to the	97006
Medicaid Program Support - State Fund (Fund 5C90) used by the	97007
Department of Job and Family Services in an amount equal to the	97008
nonfederal portion of the cost of targeted case management	97009
services paid by county boards, and the Department of Job and	97010
Family Services shall pay the total cost of targeted case	97011
management claims. The transfer shall be made using an intrastate	97012
transfer voucher.	97013

Section 263.20.10. WITHHOLDING OF FUNDS OWED THE DEPARTMENT

97014

If a county board of developmental disabilities does not	97015
fully pay any amount owed to the Department of Developmental	97016
Disabilities by the due date established by the Department, the	97017
Director of Developmental Disabilities may withhold the amount the	97018
county board did not pay from any amounts due to the county board.	97019
The Director may use any appropriation item or fund used by the	97020
Department to transfer cash to any other fund used by the	97021
Department in an amount equal to the amount owed the Department	97022
that the county board did not pay. Transfers under this section	97023
shall be made using an intrastate transfer voucher.	97024

Section 263.20.20. TRANSFER TO MEDICAID REPAYMENT FUND

97025

On July 1, 2011, or as soon as possible thereafter, the	97026
Director of Developmental Disabilities shall request that the	97027
Director of Budget and Management transfer the cash balance in the	97028
Purchase of Service Fund (Fund 4880) to the Medicaid Repayment	97029
Fund (Fund 5H00). Upon completion of the transfer, Fund 4880 is	97030
hereby abolished. The Director of Developmental Disabilities shall	97031
cancel any existing encumbrances against appropriation item	97032
322603, Provider Audit Refunds, and re-establish them against	97033
appropriation item 322619, Medicaid Repayment. The re-established	97034
encumbrances are hereby appropriated.	97035

Section 263.20.30. DEVELOPMENTAL CENTER BILLING FOR SERVICES

97036

Developmental centers of the Department of Developmental	97037
Disabilities may provide services to persons with mental	97038
retardation or developmental disabilities living in the community	97039
or to providers of services to these persons. The Department may	97040
develop a method for recovery of all costs associated with the	97041
provisions of these services.	97042

Section 263.20.40. TRANSFER OF FUNDS FOR DEVELOPMENTAL CENTER	97043
PHARMACY PROGRAMS	97044

The Director of Developmental Disabilities shall quarterly	97045
transfer cash from the Medicaid - Medicare Fund (Fund 3A40) to the	97046
Medicaid Program Support - State Fund (Fund 5C90) used by the	97047
Department of Job and Family Services, in an amount equal to the	97048
nonfederal share of Medicaid prescription drug claim costs for all	97049
developmental centers paid by the Department of Job and Family	97050
Services. The quarterly transfer shall be made using an intrastate	97051
transfer voucher.	97052

Section 263.20.50. NONFEDERAL MATCH FOR ACTIVE TREATMENT	97053
SERVICES	97054

Any county funds received by the Department of Developmental	97055
Disabilities from county boards for active treatment shall be	97056
deposited in the Developmental Disabilities Operating Fund (Fund	97057
4890).	97058

Section 263.20.60. NONFEDERAL SHARE OF NEW ICF/MR BEDS

97059

(A) As used in this section, "intermediate care facility for	97060
the mentally retarded" has the same meaning as in section 5111.20	97061
of the Revised Code.	97062

(B) If the Department of Developmental Disabilities is	97063
required by section 5111.211 of the Revised Code to pay the	97064
nonfederal share of claims submitted for services that are covered	97065
by the Medicaid program and provided to an eligible Medicaid	97066
recipient by an intermediate care facility for the mentally	97067
retarded, the Director of Developmental Disabilities shall	97068
transfer cash to the Department of Job and Family Services to pay	97069
the nonfederal share of the claims. The transfer shall be made	97070
using an intrastate transfer voucher. Except as otherwise provided	97071
in section 5123.0416 of the Revised Code, the Director shall use	97072
only the following appropriation items for the transfer:	97073

(1) Appropriation item 322407, Medicaid State Match;

97074

(2) Appropriation item 322501, County Boards Subsidies.

97075

(C) If the intermediate care facility for the mentally	97076
retarded is located in a county served by a county board of	97077
developmental disabilities that initiates or supports the	97078
facility's certification as an intermediate care facility for the	97079
mentally retarded by the Director of Health, the cash that the	97080
Director transfers under division (B) of this section shall be	97081
moneys that the Director has allocated to the county board serving	97082
the county in which the facility is located unless the amount of	97083
the allocation is insufficient to pay the entire nonfederal share	97084
of the claims submitted by the facility. If the allocation is	97085
insufficient, the Director shall use as much of such moneys	97086
allocated to other counties as is needed to make up the	97087
difference.	97088

Section 263.20.70. RATE INCREASE FOR WAIVER PROVIDERS	97089
SERVING FORMER RESIDENTS OF DEVELOPMENTAL CENTERS	97090

Subject to approval by the Centers for Medicare and Medicaid	97091
Services, the Department of Job and Family Services shall increase	97092
the rate paid to a provider under the Individual Options Waiver by	97093
fifty-two cents for each fifteen minutes of routine	97094
homemaker/personal care provided to an individual for up to a year	97095
if all of the following apply:	97096

(A) The individual was a resident of a developmental center	97097
immediately prior to enrollment in the waiver;	97098

(B) The provider begins serving the individual on or after	97099
July 1, 2011;	97100

(C) The Director of Developmental Disabilities determines	97101
that the increased rate is warranted by the individual's special	97102
circumstances, including the individual's diagnosis, service	97103
needs, or length of stay at the developmental center, and that	97104
serving the individual through the Individual Options Waiver is	97105
fiscally prudent for the Medicaid program.	97106

Section 265.10. OBD OHIO BOARD OF DIETETICS

97107

General Services Fund Group	97108

4K90	860609	Operating Expenses	$	355,789	$	330,592	97109
TOTAL GSF General Services Fund							97110
Group			$	355,789	$	330,592	97111
TOTAL ALL BUDGET FUND GROUPS			$	355,789	$	330,592	97112

Section 267.10. EDU DEPARTMENT OF EDUCATION

97114

General Revenue Fund	97115

GRF	200100	Personal Services	$	8,579,178	$	8,579,178	97116
GRF	200320	Maintenance and Equipment	$	2,830,407	$	2,830,407	97117
GRF	200408	Early Childhood Education	$	23,268,341	$	23,268,341	97118
GRF	200416	Career-Technical Education Match	$	2,233,195	$	2,233,195	97119
GRF	200420	Computer/Application/ Network Development	$	4,241,296	$	4,241,296	97120
GRF	200421	Alternative Education Programs	$	7,403,998	$	7,403,998	97121
GRF	200422	School Management Assistance	$	2,842,812	$	3,000,000	97122
GRF	200424	Policy Analysis	$	328,558	$	328,558	97123
GRF	200425	Tech Prep Consortia Support	$	260,542	$	260,542	97124
GRF	200426	Ohio Educational Computer Network	$	17,974,489	$	17,974,489	97125
GRF	200427	Academic Standards	$	4,346,060	$	3,700,000	97126
GRF	200437	Student Assessment	$	55,002,167	$	55,002,167	97127
GRF	200439	Accountability/Report Cards	$	3,579,279	$	3,579,279	97128
GRF	200442	Child Care Licensing	$	827,140	$	827,140	97129
GRF	200446	Education Management Information System	$	6,833,070	$	6,833,070	97130
GRF	200447	GED Testing	$	879,551	$	879,551	97131
GRF	200448	Educator Preparation	$	786,737	$	786,737	97132
GRF	200455	Community Schools and Choice Programs	$	2,200,000	$	2,200,000	97133
GRF	200502	Pupil Transportation	$	438,248,936	$	442,113,527	97134
GRF	200505	School Lunch Match	$	9,100,000	$	9,100,000	97135
GRF	200511	Auxiliary Services	$	117,547,099	$	119,250,305	97136
GRF	200532	Nonpublic Administrative Cost Reimbursement	$	52,550,684	$	53,323,944	97137
GRF	200540	Special Education Enhancements	$	135,820,668	$	135,820,668	97138
GRF	200545	Career-Technical Education Enhancements	$	8,802,699	$	8,802,699	97139
GRF	200550	Foundation Funding	$	5,470,788,773	$	5,560,484,181	97140
GRF	200901	Property Tax Allocation - Education	$	1,086,500,000	$	1,095,000,000	97141
TOTAL GRF General Revenue Fund			$	7,463,775,679	$	7,567,823,272	97142

General Services Fund Group	97143

1380	200606	Computer Services-Operational Support	$	7,600,090	$	7,600,090	97144
4520	200638	Miscellaneous Educational Services	$	300,000	$	300,000	97145
4L20	200681	Teacher Certification and Licensure	$	8,147,756	$	8,147,756	97146
5960	200656	Ohio Career Information System	$	529,761	$	529,761	97147
5H30	200687	School District Solvency Assistance	$	25,000,000	$	25,000,000	97148
TOTAL GSF General Services							97149
Fund Group			$	41,577,607	$	41,577,607	97150

Federal Special Revenue Fund Group	97151

3090	200601	Neglected and Delinquent Education	$	2,168,642	$	2,168,642	97152
3670	200607	School Food Services	$	6,803,472	$	6,959,906	97153
3690	200616	Career-Technical Education Federal Enhancement	$	5,000,000	$	5,000,000	97154
3700	200624	Education of Exceptional Children	$	1,905,000	$	0	97155
3780	200660	Learn and Serve	$	619,211	$	619,211	97156
3AF0	200603	Schools Medicaid Administrative Claims	$	639,000	$	639,000	97157
3AN0	200671	School Improvement Grants	$	20,400,000	$	20,400,000	97158
3AX0	200698	Improving Health and Educational Outcomes of Young People	$	630,954	$	630,954	97159
3BK0	200628	Longitudinal Data Systems	$	500,000	$	250,000	97160
3C50	200661	Early Childhood Education	$	14,554,749	$	14,554,749	97161
3CG0	200646	Teacher Incentive Fund	$	1,925,881	$	0	97162
3D10	200664	Drug Free Schools	$	1,500,000	$	0	97163
3D20	200667	Math Science Partnerships	$	9,500,001	$	9,500,001	97164
3DG0	200630	Federal Stimulus - McKinney Vento Grants	$	330,512	$	0	97165
3DJ0	200699	IDEA Part B - Federal Stimulus	$	21,886,803	$	0	97166
3DK0	200642	Title 1A - Federal Stimulus	$	18,633,673	$	0	97167
3DL0	200650	IDEA Preschool - Federal Stimulus	$	670,000	$	0	97168
3DM0	200651	Title IID Technology - Federal Stimulus	$	1,195,100	$	0	97169
3DP0	200652	Title I School Improvement - Federal Stimulus	$	48,500,000	$	30,000,000	97170
3EC0	200653	Teacher Incentive - Federal Stimulus	$	7,500,000	$	7,500,000	97171
3EH0	200620	Migrant Education	$	2,645,905	$	2,645,905	97172
3EJ0	200622	Homeless Children Education	$	1,759,782	$	1,759,782	97173
3EN0	200655	State Data Systems - Federal Stimulus	$	2,500,000	$	2,500,000	97174
3ES0	200657	General Supervisory Enhancement Grant	$	500,000	$	500,000	97175
3ET0	200658	Education Jobs Fund	$	300,000,000	$	50,000,000	97176
3FD0	200665	Race to the Top	$	100,000,000	$	100,000,000	97177
3FE0	200669	Striving Readers	$	180,000	$	100,000	97178
3H90	200605	Head Start Collaboration Project	$	225,000	$	225,000	97179
3L60	200617	Federal School Lunch	$	327,516,539	$	337,323,792	97180
3L70	200618	Federal School Breakfast	$	87,596,850	$	90,224,756	97181
3L80	200619	Child/Adult Food Programs	$	100,850,833	$	103,876,359	97182
3L90	200621	Career-Technical Education Basic Grant	$	48,466,864	$	48,466,864	97183
3M00	200623	ESEA Title 1A	$	530,010,000	$	530,010,000	97184
3M20	200680	Individuals with Disabilities Education Act	$	443,170,050	$	443,170,050	97185
3S20	200641	Education Technology	$	9,487,397	$	9,487,397	97186
3T40	200613	Public Charter Schools	$	14,291,353	$	14,291,353	97187
3Y20	200688	21st Century Community Learning Centers	$	43,720,462	$	45,906,485	97188
3Y60	200635	Improving Teacher Quality	$	101,900,000	$	101,900,000	97189
3Y70	200689	English Language Acquisition	$	8,373,995	$	8,373,995	97190
3Y80	200639	Rural and Low Income Technical Assistance	$	1,500,000	$	1,500,000	97191
3Z20	200690	State Assessments	$	11,882,258	$	11,882,258	97192
3Z30	200645	Consolidated Federal Grant Administration	$	8,949,280	$	8,949,280	97193
TOTAL FED Federal Special							97194
Revenue Fund Group			$	2,310,389,566	$	2,011,315,739	97195

State Special Revenue Fund Group	97196

4540	200610	Guidance and Testing	$	1,050,000	$	1,050,000	97197
4550	200608	Commodity Foods	$	24,000,000	$	24,000,000	97198
4R70	200695	Indirect Operational Support	$	6,500,000	$	6,600,000	97199
4V70	200633	Interagency Operational Support	$	1,117,725	$	1,117,725	97200
5980	200659	Auxiliary Services Reimbursement	$	1,328,910	$	1,328,910	97201
5BB0	200696	State Action for Education Leadership	$	231,300	$	0	97202
5BJ0	200626	Half-Mill Maintenance Equalization	$	17,300,000	$	18,000,000	97203
5KK0	200679	Community School Dropout Programs	$	1,000,000	$	1,000,000	97204
5U20	200685	National Education Statistics	$	300,000	$	300,000	97205
6200	200615	Educational Improvement Grants	$	3,000,000	$	3,000,000	97206
TOTAL SSR State Special Revenue							97207
Fund Group			$	55,827,935	$	56,396,635	97208

Lottery Profits Education Fund Group	97209

7017	200612	Foundation Funding	$	717,500,000	$	680,500,000	97210
TOTAL LPE Lottery Profits							97211
Education Fund Group			$	717,500,000	$	680,500,000	97212

Revenue Distribution Fund Group	97213

7047	200909	School District Property Tax Replacement-Business	$	722,000,000	$	475,000,000	97214
7053	200900	School District Property Tax Replacement-Utility	$	34,000,000	$	30,000,000	97215
TOTAL RDF Revenue Distribution							97216
Fund Group			$	756,000,000		505,000,000	97217
TOTAL ALL BUDGET FUND GROUPS			$	11,345,070,787	$	10,862,613,253	97218

Section 267.10.10. EARLY CHILDHOOD EDUCATION

97220

The Department of Education shall distribute the foregoing	97221
appropriation item 200408, Early Childhood Education, to pay the	97222
costs of early childhood education programs.	97223

(A) As used in this section:

97224

(1) "Provider" means a city, local, exempted village, or	97225
joint vocational school district, or an educational service	97226
center.	97227

(2) In the case of a city, local, or exempted village school	97228
district, "new eligible provider" means a district that did not	97229
receive state funding for Early Childhood Education in the	97230
previous fiscal year or demonstrates a need for early childhood	97231
programs as defined in division (D) of this section.	97232

(3) "Eligible child" means a child who is at least three	97233
years of age as of the district entry date for kindergarten, is	97234
not of the age to be eligible for kindergarten, and whose family	97235
earns not more than two hundred per cent of the federal poverty	97236
guidelines as defined in division (A)(3) of section 5101.46 of the	97237
Revised Code. Children with an Individualized Education Program	97238
and where the Early Childhood Education program is the least	97239
restrictive environment may be enrolled on their third birthday.	97240

(B) In each fiscal year, up to two per cent of the total	97241
appropriation may be used by the Department for program support	97242
and technical assistance. The Department shall distribute the	97243
remainder of the appropriation in each fiscal year to serve	97244
eligible children.	97245

(C) The Department shall provide an annual report to the	97246
Governor, the Speaker of the House of Representatives, and the	97247
President of the Senate and post the report to the Department's	97248
web site, regarding early childhood education programs operated	97249
under this section and the early learning program guidelines.	97250

(D) After setting aside the amounts to make payments due from	97251
the previous fiscal year, in fiscal year 2012, the Department	97252
shall distribute funds first to recipients of funds for early	97253
childhood education programs under Section 265.10.20 of Am. Sub.	97254
H.B. 1 of the 128th General Assembly in the previous fiscal year	97255
and the balance to new eligible providers of early childhood	97256
education programs under this section or to existing providers to	97257
serve more eligible children or for purposes of program expansion,	97258
improvement, or special projects to promote quality and	97259
innovation.	97260

After setting aside the amounts to make payments due from the	97261
previous fiscal year, in fiscal year 2013, the Department shall	97262
distribute funds first to providers of early childhood education	97263
programs under this section in the previous fiscal year and the	97264
balance to new eligible providers or to existing providers to	97265
serve more eligible children or for purposes of program expansion,	97266
improvement, or special projects to promote quality and	97267
innovation.	97268

Awards under this section shall be distributed on a per-pupil	97269
basis, and in accordance with division (H) of this section. The	97270
Department may adjust the per-pupil amount so that the per-pupil	97271
amount multiplied by the number of eligible children enrolled and	97272
receiving services on the first day of December or the business	97273
day closest to that date equals the amount allocated under this	97274
section.	97275

(E) Costs for developing and administering an early childhood	97276
education program may not exceed fifteen per cent of the total	97277
approved costs of the program.	97278

All providers shall maintain such fiscal control and	97279
accounting procedures as may be necessary to ensure the	97280
disbursement of, and accounting for, these funds. The control of	97281
funds provided in this program, and title to property obtained,	97282
shall be under the authority of the approved provider for purposes	97283
provided in the program unless, as described in division (J) of	97284
this section, the program waives its right for funding or a	97285
program's funding is eliminated or reduced due to its inability to	97286
meet financial or early learning program guidelines. The approved	97287
provider shall administer and use such property and funds for the	97288
purposes specified.	97289

(F) The Department may examine a provider's financial and	97290
program records. If the financial practices of the program are not	97291
in accordance with standard accounting principles or do not meet	97292
financial standards outlined under division (E) of this section,	97293
or if the program fails to substantially meet the early learning	97294
program guidelines or exhibits below average performance as	97295
measured against the guidelines, the early childhood education	97296
program shall propose and implement a corrective action plan that	97297
has been approved by the Department. The approved corrective	97298
action plan shall be signed by the chief executive officer and the	97299
executive of the official governing body of the provider. The	97300
corrective action plan shall include a schedule for monitoring by	97301
the Department. Such monitoring may include monthly reports,	97302
inspections, a timeline for correction of deficiencies, and	97303
technical assistance to be provided by the Department or obtained	97304
by the early childhood education program. The Department may	97305
withhold funding pending corrective action. If an early childhood	97306
education program fails to satisfactorily complete a corrective	97307
action plan, the Department may deny expansion funding to the	97308
program or withdraw all or part of the funding to the program and	97309
establish a new eligible provider through a selection process	97310
established by the Department.	97311

(G) Each early childhood education program shall do all of	97312
the following:	97313

(1) Meet teacher qualification requirements prescribed by	97314
section 3301.311 of the Revised Code;	97315

(2) Align curriculum to the early learning content standards	97316
developed by the Department;	97317

(3) Meet any child or program assessment requirements	97318
prescribed by the Department;	97319

(4) Require teachers, except teachers enrolled and working to	97320
obtain a degree pursuant to section 3301.311 of the Revised Code,	97321
to attend a minimum of twenty hours every two years of	97322
professional development as prescribed by the Department;	97323

(5) Document and report child progress as prescribed by the	97324
Department;	97325

(6) Meet and report compliance with the early learning	97326
program guidelines as prescribed by the Department.	97327

(H) Per-pupil funding for programs subject to this section	97328
shall be sufficient to provide eligible children with services for	97329
a standard early childhood schedule which shall be defined in this	97330
section as a minimum of twelve and one-half hours per school week	97331
as defined in section 3313.62 of the Revised Code for the minimum	97332
school year as defined in sections 3313.48, 3313.481, and 3313.482	97333
of the Revised Code. Nothing in this section shall be construed to	97334
prohibit program providers from utilizing other funds to serve	97335
eligible children in programs that exceed the twelve and one-half	97336
hours per week or that exceed the minimum school year. For any	97337
provider for which a standard early childhood education schedule	97338
creates a hardship or for which the provider shows evidence that	97339
the provider is working in collaboration with a preschool special	97340
education program, the provider may submit a waiver to the	97341
Department requesting an alternate schedule. If the Department	97342
approves a waiver for an alternate schedule that provides services	97343
for less time than the standard early childhood education	97344
schedule, the Department may reduce the provider's annual	97345
allocation proportionately. Under no circumstances shall an annual	97346
allocation be increased because of the approval of an alternate	97347
schedule.	97348

(I) Each provider shall develop a sliding fee scale based on	97349
family incomes and shall charge families who earn more than two	97350
hundred per cent of the federal poverty guidelines, as defined in	97351
division (A)(3) of section 5101.46 of the Revised Code, for the	97352
early childhood education program.	97353

The Department shall conduct an annual survey of each	97354
provider to determine whether the provider charges families	97355
tuition or fees, the amount families are charged relative to	97356
family income levels, and the number of families and students	97357
charged tuition and fees for the early childhood program.	97358

(J) If an early childhood education program voluntarily	97359
waives its right for funding, or has its funding eliminated for	97360
not meeting financial standards or the early learning program	97361
guidelines, the provider shall transfer control of title to	97362
property, equipment, and remaining supplies obtained through the	97363
program to providers designated by the Department and return any	97364
unexpended funds to the Department along with any reports	97365
prescribed by the Department. The funding made available from a	97366
program that waives its right for funding or has its funding	97367
eliminated or reduced may be used by the Department for new grant	97368
awards or expansion grants. The Department may award new grants or	97369
expansion grants to eligible providers who apply. The eligible	97370
providers who apply must do so in accordance with the selection	97371
process established by the Department.	97372

(K) As used in this section, "early learning program	97373
guidelines" means the guidelines established by the Department	97374
pursuant to division (C)(3) of Section 206.09.54 of Am. Sub. H.B.	97375
66 of the 126th General Assembly.	97376

(L) Eligible expenditures for the Early Childhood Education	97377
program shall be claimed each fiscal year to help meet the state's	97378
TANF maintenance of effort requirement. The Superintendent of	97379
Public Instruction and the Director of Job and Family Services	97380
shall enter into an interagency agreement to carry out the	97381
requirements under this division, which shall include developing	97382
reporting guidelines for these expenditures.	97383

Section 267.10.20. CAREER-TECHNICAL EDUCATION MATCH

97384

The foregoing appropriation item 200416, Career-Technical	97385
Education Match, shall be used by the Department of Education to	97386
provide vocational administration matching funds under 20 U.S.C.	97387
2311.	97388

COMPUTER/APPLICATION/NETWORK DEVELOPMENT

97389

The foregoing appropriation item 200420,	97390
Computer/Application/Network Development, shall be used to support	97391
the development and implementation of information technology	97392
solutions designed to improve the performance and services of the	97393
Department of Education. Funds may be used for personnel,	97394
maintenance, and equipment costs related to the development and	97395
implementation of these technical system projects. Implementation	97396
of these systems shall allow the Department to provide greater	97397
levels of assistance to school districts and to provide more	97398
timely information to the public, including school districts,	97399
administrators, and legislators. Funds may also be used to support	97400
data-driven decision-making and differentiated instruction, as	97401
well as to communicate academic content standards and curriculum	97402
models to schools through web-based applications.	97403

Section 267.10.30. ALTERNATIVE EDUCATION PROGRAMS

97404

The foregoing appropriation item 200421, Alternative	97405
Education Programs, shall be used for the renewal of successful	97406
implementation grants and for competitive matching grants to	97407
school districts for alternative educational programs for existing	97408
and new at-risk and delinquent youth. Programs shall be focused on	97409
youth in one or more of the following categories: those who have	97410
been expelled or suspended, those who have dropped out of school	97411
or who are at risk of dropping out of school, those who are	97412
habitually truant or disruptive, or those on probation or on	97413
parole from a Department of Youth Services facility. Grants shall	97414
be awarded according to the criteria established by the	97415
Alternative Education Advisory Council in 1999. Grants shall be	97416
awarded only to programs in which the grant will not serve as the	97417
program's primary source of funding. These grants shall be	97418
administered by the Department of Education.	97419

The Department of Education may waive compliance with any	97420
minimum education standard established under section 3301.07 of	97421
the Revised Code for any alternative school that receives a grant	97422
under this section on the grounds that the waiver will enable the	97423
program to more effectively educate students enrolled in the	97424
alternative school.	97425

Of the foregoing appropriation item 200421, Alternative	97426
Education Programs, a portion may be used for program	97427
administration, monitoring, technical assistance, support,	97428
research, and evaluation.	97429

Section 267.10.40. SCHOOL MANAGEMENT ASSISTANCE

97430

Of the foregoing appropriation item 200422, School Management	97431
Assistance, $1,000,000 in fiscal year 2012 and $1,300,000 in	97432
fiscal year 2013 shall be used by the Auditor of State in	97433
consultation with the Department of Education for expenses	97434
incurred in the Auditor of State's role relating to fiscal	97435
caution, fiscal watch, and fiscal emergency activities as defined	97436
in Chapter 3316. of the Revised Code and may also be used by the	97437
Auditor of State to conduct performance audits of other school	97438
districts with priority given to districts in fiscal distress.	97439
Districts in fiscal distress shall be determined by the Auditor of	97440
State and shall include districts that the Auditor of State, in	97441
consultation with the Department of Education, determines are	97442
employing fiscal practices or experiencing budgetary conditions	97443
that could produce a state of fiscal watch or fiscal emergency.	97444

The remainder of appropriation item 200422, School Management	97445
Assistance, shall be used by the Department of Education to	97446
provide fiscal technical assistance and inservice education for	97447
school district management personnel and to administer, monitor,	97448
and implement the fiscal caution, fiscal watch, and fiscal	97449
emergency provisions under Chapter 3316. of the Revised Code.	97450

Section 267.10.50. POLICY ANALYSIS

97451

The foregoing appropriation item 200424, Policy Analysis,	97452
shall be used by the Department of Education to support a system	97453
of administrative, statistical, and legislative education	97454
information to be used for policy analysis. Staff supported by	97455
this appropriation shall administer the development of reports,	97456
analyses, and briefings to inform education policymakers of	97457
current trends in education practice, efficient and effective use	97458
of resources, and evaluation of programs to improve education	97459
results. The database shall be kept current at all times. These	97460
research efforts shall be used to supply information and analysis	97461
of data to the General Assembly and other state policymakers,	97462
including the Office of Budget and Management, the Governor's	97463
Office of 21st Century Education, and the Legislative Service	97464
Commission.	97465

The Department of Education may use funding from this	97466
appropriation item to purchase or contract for the development of	97467
software systems or contract for policy studies that will assist	97468
in the provision and analysis of policy-related information.	97469
Funding from this appropriation item also may be used to monitor	97470
and enhance quality assurance for research-based policy analysis	97471
and program evaluation to enhance the effective use of education	97472
information to inform education policymakers.	97473

A portion of the foregoing appropriation item 200424, Policy	97474
Analysis, may be used in conjunction with appropriation item	97475
200439, Accountability/Report Cards, to support a fiscal reporting	97476
dimension that shall contain fiscal data reported for the prior	97477
fiscal year. The fiscal information contained therein shall be	97478
updated and reported annually in a form and in a manner as	97479
determined by the Department.	97480

TECH PREP CONSORTIA SUPPORT

97481

The foregoing appropriation item 200425, Tech Prep Consortia	97482
Support, shall be used by the Department of Education to support	97483
state-level activities designed to support, promote, and expand	97484
tech prep programs. Use of these funds shall include, but not be	97485
limited to, administration of grants, program evaluation,	97486
professional development, curriculum development, assessment	97487
development, program promotion, communications, and statewide	97488
coordination of tech prep consortia.	97489

Section 267.10.60. OHIO EDUCATIONAL COMPUTER NETWORK

97490

The foregoing appropriation item 200426, Ohio Educational	97491
Computer Network, shall be used by the Department of Education to	97492
maintain a system of information technology throughout Ohio and to	97493
provide technical assistance for such a system in support of the	97494
P-16 State Education Technology Plan developed under section	97495
3353.09 of the Revised Code.	97496

Of the foregoing appropriation item 200426, Ohio Educational	97497
Computer Network, up to $10,705,569 in each fiscal year shall be	97498
used by the Department of Education to support connection of all	97499
public school buildings and participating chartered nonpublic	97500
schools to the state's education network, to each other, and to	97501
the Internet. In each fiscal year the Department of Education	97502
shall use these funds to assist information technology centers or	97503
school districts with the operational costs associated with this	97504
connectivity. The Department of Education shall develop a formula	97505
and guidelines for the distribution of these funds to information	97506
technology centers or individual school districts. As used in this	97507
section, "public school building" means a school building of any	97508
city, local, exempted village, or joint vocational school	97509
district, any community school established under Chapter 3314. of	97510
the Revised Code, any STEM school established under Chapter 3326.	97511
of the Revised Code, any educational service center building used	97512
for instructional purposes, the Ohio School for the Deaf and the	97513
Ohio School for the Blind, high schools chartered by the Ohio	97514
Department of Youth Services, or high schools operated by Ohio	97515
Department of Rehabilitation and Corrections' Ohio Central School	97516
System.	97517

Of the foregoing appropriation item 200426, Ohio Educational	97518
Computer Network, up to $1,440,000 in each fiscal year shall be	97519
used for the Union Catalog and InfOhio Network and to support the	97520
provision of electronic resources with priority given to resources	97521
that support the teaching of state academic content standards in	97522
all public schools. Consideration shall be given by the Department	97523
of Education to coordinating the allocation of these moneys with	97524
the efforts of Libraries Connect Ohio, whose members include	97525
OhioLINK, the Ohio Public Information Network, and the State	97526
Library of Ohio.	97527

Of the foregoing appropriation item 200426, Ohio Educational	97528
Computer Network, up to $5,220,000 in each fiscal year shall be	97529
used, through a formula and guidelines devised by the Department,	97530
to subsidize the activities of designated information technology	97531
centers, as defined by State Board of Education rules, to provide	97532
school districts and chartered nonpublic schools with	97533
computer-based student and teacher instructional and	97534
administrative information services, including approved	97535
computerized financial accounting, and to ensure the effective	97536
operation of local automated administrative and instructional	97537
systems.	97538

The remainder of appropriation item 200426, Ohio Educational	97539
Computer Network, shall be used to support development,	97540
maintenance, and operation of a network of uniform and compatible	97541
computer-based information and instructional systems. This	97542
technical assistance shall include, but not be restricted to,	97543
development and maintenance of adequate computer software systems	97544
to support network activities. In order to improve the efficiency	97545
of network activities, the Department and information technology	97546
centers may jointly purchase equipment, materials, and services	97547
from funds provided under this appropriation for use by the	97548
network and, when considered practical by the Department, may	97549
utilize the services of appropriate state purchasing agencies.	97550

Section 267.10.70. ACADEMIC STANDARDS

97551

The foregoing appropriation item 200427, Academic Standards,	97552
shall be used by the Department of Education to develop, revise,	97553
and communicate to school districts academic content standards and	97554
curriculum models.	97555

Section 267.10.80. STUDENT ASSESSMENT

97556

Of the foregoing appropriation item 200437, Student	97557
Assessment, up to $95,000 in each fiscal year may be used to	97558
support the assessments required under section 3301.0715 of the	97559
Revised Code.	97560

The remainder of appropriation item 200437, Student	97561
Assessment, shall be used to develop, field test, print,	97562
distribute, score, report results, and support other associated	97563
costs for the tests required under sections 3301.0710, 3301.0711,	97564
and 3301.0712 of the Revised Code and for similar purposes as	97565
required by section 3301.27 of the Revised Code. If funds remain	97566
in this appropriation after these purposes have been fulfilled,	97567
the Department may use the remainder of the appropriation to	97568
develop end-of-course exams.	97569

DEPARTMENT OF EDUCATION APPROPRIATION TRANSFERS FOR STUDENT	97570
ASSESSMENT	97571

In fiscal year 2012 and fiscal year 2013, if the	97572
Superintendent of Public Instruction determines that additional	97573
funds are needed to fully fund the requirements of sections	97574
3301.0710, 3301.0711, and 3301.27 of the Revised Code and this act	97575
for assessments of student performance, the Superintendent of	97576
Public Instruction may recommend the reallocation of unexpended	97577
and unencumbered General Revenue Fund appropriations within the	97578
Department of Education to appropriation item 200437, Student	97579
Assessment, to the Director of Budget and Management. If the	97580
Director of Budget and Management determines that such a	97581
reallocation is required, the Director of Budget and Management	97582
may transfer unexpended and unencumbered appropriations within the	97583
Department of Education as necessary to appropriation item 200437,	97584
Student Assessment. If these transferred appropriations are not	97585
sufficient to fully fund the assessment requirements in fiscal	97586
year 2012 or fiscal year 2013, the Superintendent of Public	97587
Instruction may request that the Controlling Board transfer up to	97588
$9,000,000 cash from the Lottery Profits Education Reserve Fund	97589
(Fund 7018) to the General Revenue Fund. Upon approval of the	97590
Controlling Board, the Director of Budget and Management shall	97591
transfer the cash. These transferred funds are hereby appropriated	97592
for the same purpose as appropriation item 200437, Student	97593
Assessment.	97594

Section 267.10.90. (A) Notwithstanding anything to the	97595
contrary in section 3301.0710, 3301.0711, 3301.0715 or 3313.608 of	97596
the Revised Code, the administration of the English language arts	97597
assessments for elementary grades as a replacement for the	97598
separate reading and writing assessments prescribed by sections	97599
3301.0710 and 3301.0711 of the Revised Code, as those sections	97600
were amended by Am. Sub. H.B. 1 of the 128th General Assembly,	97601
shall not be required until a date prescribed by rule of the State	97602
Board of Education. Until that date, the Department of Education	97603
and school districts and schools shall continue to administer	97604
separate reading assessments for elementary grades, as prescribed	97605
by the versions of sections 3301.0710 and 3301.0711 of the Revised	97606
Code that were in effect prior to the effective date of Section	97607
265.20.15 of Am. Sub. H.B. 1 of the 128th General Assembly. The	97608
intent for delaying implementation of the replacement English	97609
language arts assessment is to provide adequate time for the	97610
complete development of the new assessment.	97611

(B) Notwithstanding anything to the contrary in section	97612
3301.0710 of the Revised Code, the State Board shall not prescribe	97613
the three ranges of scores for the assessments prescribed by	97614
division (A)(2) of section 3301.0710 of the Revised Code, as	97615
amended by Am. Sub. H.B. 1 of the 128th General Assembly, until	97616
the Board adopts the rule required by division (A) of this	97617
section. Until that date, the Board shall continue to prescribe	97618
the five ranges of scores required by the version of section	97619
3301.0710 of the Revised Code in effect prior to the effective	97620
date of Section 265.20.15 of Am. Sub. H.B. 1 of the 128th General	97621
Assembly, and the following apply:	97622

(1) The range of scores designated by the State Board as a	97623
proficient level of skill remains the passing score on the Ohio	97624
Graduation Tests for purposes of sections 3313.61, 3313.611,	97625
3313.612, and 3325.08 of the Revised Code;	97626

(2) The range of scores designated as a limited level of	97627
skill remains the standard for applying the third-grade reading	97628
guarantee under division (A) of section 3313.608 of the Revised	97629
Code;	97630

(3) The range of scores designated by the State Board as a	97631
proficient level of skill remains the standard for the summer	97632
remediation requirement of division (B)(2) of section 3313.608 of	97633
the Revised Code.	97634

(C) This section is not subject to expiration after June 30,	97635
2013, under Section 809.10 of this act.	97636

Section 267.20.10. Notwithstanding anything to the contrary	97637
in sections 3301.0710 and 3301.0711 of the Revised Code, in the	97638
2011-2012 and 2012-2013 school years, the Department of Education	97639
shall not furnish, and school districts and schools shall not	97640
administer, the elementary writing and social studies achievement	97641
assessments prescribed by section 3301.0710 of the Revised Code,	97642
unless the Superintendent of Public Instruction determines the	97643
Department has sufficient funds to pay the costs of furnishing and	97644
scoring those assessments.	97645

Section 267.20.20. ACCOUNTABILITY/REPORT CARDS

97646

Of the foregoing appropriation item 200439,	97647
Accountability/Report Cards, a portion in each fiscal year may be	97648
used to train district and regional specialists and district	97649
educators in the use of the value-added progress dimension and in	97650
the use of data as it relates to improving student achievement.	97651
This training may include teacher and administrator professional	97652
development in the use of data to improve instruction and student	97653
learning, and teacher and administrator training in understanding	97654
teacher value-added reports and how they can be used as a	97655
component in measuring teacher and administrator effectiveness. A	97656
portion of this funding may be provided to a credible nonprofit	97657
organization with expertise in value-added progress dimensions.	97658

The remainder of appropriation item 200439,	97659
Accountability/Report Cards, shall be used by the Department to	97660
incorporate a statewide value-added progress dimension into	97661
performance ratings for school districts and for the development	97662
of an accountability system that includes the preparation and	97663
distribution of school report cards and funding and expenditure	97664
accountability reports under sections 3302.03 and 3302.031 of the	97665
Revised Code.	97666

CHILD CARE LICENSING

97667

The foregoing appropriation item 200442, Child Care	97668
Licensing, shall be used by the Department of Education to license	97669
and to inspect preschool and school-age child care programs under	97670
sections 3301.52 to 3301.59 of the Revised Code.	97671

Section 267.20.30. EDUCATION MANAGEMENT INFORMATION SYSTEM

97672

The foregoing appropriation item 200446, Education Management	97673
Information System, shall be used by the Department of Education	97674
to improve the Education Management Information System (EMIS).	97675

Of the foregoing appropriation item 200446, Education	97676
Management Information System, up to $729,000 in each fiscal year	97677
shall be distributed to designated information technology centers	97678
for costs relating to processing, storing, and transferring data	97679
for the effective operation of the EMIS. These costs may include,	97680
but are not limited to, personnel, hardware, software development,	97681
communications connectivity, professional development, and support	97682
services, and to provide services to participate in the State	97683
Education Technology Plan developed under section 3353.09 of the	97684
Revised Code.	97685

The remainder of appropriation item 200446, Education	97686
Management Information System, shall be used to develop and	97687
support a common core of data definitions and standards as adopted	97688
by the Education Management Information System Advisory Board,	97689
including the ongoing development and maintenance of the data	97690
dictionary and data warehouse. In addition, such funds shall be	97691
used to support the development and implementation of data	97692
standards and the design, development, and implementation of a new	97693
data exchange system.	97694

Any provider of software meeting the standards approved by	97695
the Education Management Information System Advisory Board shall	97696
be designated as an approved vendor and may enter into contracts	97697
with local school districts, community schools, STEMS schools,	97698
information technology centers, or other educational entities for	97699
the purpose of collecting and managing data required under Ohio's	97700
education management information system (EMIS) laws. On an annual	97701
basis, the Department of Education shall convene an advisory group	97702
of school districts, community schools, and other	97703
education-related entities to review the Education Management	97704
Information System data definitions and data format standards. The	97705
advisory group shall recommend changes and enhancements based upon	97706
surveys of its members, education agencies in other states, and	97707
current industry practices, to reflect best practices, align with	97708
federal initiatives, and meet the needs of school districts.	97709

School districts, STEMS schools, and community schools not	97710
implementing a common and uniform set of data definitions and data	97711
format standards for Education Management Information System	97712
purposes shall have all EMIS funding withheld until they are in	97713
compliance.	97714

Section 267.20.40. GED TESTING

97715

The foregoing appropriation item 200447, GED Testing, shall	97716
be used to provide General Educational Development (GED) testing	97717
under rules adopted by the State Board of Education.	97718

Section 267.20.50. EDUCATOR PREPARATION

97719

Of the foregoing appropriation item 200448, Educator	97720
Preparation, up to $150,000 in each fiscal year may be used by the	97721
Department of Education to monitor and support Ohio's State System	97722
of Support in accordance with the "No Child Left Behind Act of	97723
2011," 20 U.S.C. 6317.	97724

The remainder of appropriation item 200448, Educator	97725
Preparation, may be used by the Department to support the Educator	97726
Standards Board under section 3319.61 of the Revised Code and	97727
reforms under sections 3302.042, 3302.06 through 3302.068,	97728
3302.12, 3302.20 through 3302.23, and 3319.58 of the Revised Code.	97729

Section 267.20.60. COMMUNITY SCHOOLS AND CHOICE PROGRAMS

97730

The foregoing appropriation item 200455, Community Schools	97731
and Choice Programs, may be used by the Department of Education	97732
for additional services and responsibilities under section 3314.11	97733
of the Revised Code and for operation of the school choice	97734
programs.	97735

Of the foregoing appropriation item 200455, Community Schools	97736
and Choice Programs, a portion in each fiscal year may be used by	97737
the Department of Education for developing and conducting training	97738
sessions for community schools and sponsors and prospective	97739
sponsors of community schools as prescribed in division (A)(1) of	97740
section 3314.015 of the Revised Code, and other schools	97741
participating in school choice programs. In developing the	97742
community school training sessions, the Department shall collect	97743
and disseminate examples of best practices used by sponsors of	97744
independent charter schools in Ohio and other states.	97745

Section 267.20.70. PUPIL TRANSPORTATION

97746

Of the foregoing appropriation item 200502, Pupil	97747
Transportation, up to $838,930 in each fiscal year may be used by	97748
the Department of Education for training prospective and	97749
experienced school bus drivers in accordance with training	97750
programs prescribed by the Department. Up to $60,469,220 in each	97751
fiscal year may be used by the Department of Education for special	97752
education transportation reimbursements to school districts and	97753
county DD boards for transportation operating costs as provided in	97754
division (J) of section 3317.024 of the Revised Code. Up to	97755
$650,000 in each fiscal year may be used to partially reimburse	97756
school districts for costs of providing transportation services to	97757
nontraditional schools when those schools are open on a day the	97758
traditional school district is not scheduled to open. Up to	97759
$5,000,000 in each fiscal year may be used by the Department of	97760
Education to reimburse school districts in accordance with rules	97761
adopted by the state board of education for students transported	97762
by means other than school bus service and whose transportation is	97763
not funded under division (C) of section 3317.024 of the Revised	97764
Code.	97765

The remainder of appropriation item 200502, Pupil	97766
Transportation, shall be used to distribute the amounts calculated	97767
for formula aid under Section 267.30.50 of this act.	97768

Section 267.20.80. SCHOOL LUNCH MATCH

97769

The foregoing appropriation item 200505, School Lunch Match,	97770
shall be used to provide matching funds to obtain federal funds	97771
for the school lunch program.	97772

Any remaining appropriation after providing matching funds	97773
for the school lunch program may be used to partially reimburse	97774
school buildings within school districts that are required to have	97775
a school breakfast program under section 3313.813 of the Revised	97776
Code, at a rate decided by the Department.	97777

Section 267.20.90. AUXILIARY SERVICES

97778

The foregoing appropriation item 200511, Auxiliary Services,	97779
shall be used by the Department of Education for the purpose of	97780
implementing section 3317.06 of the Revised Code. Of the	97781
appropriation, up to $1,789,943 in each fiscal year may be used	97782
for payment of the Post-Secondary Enrollment Options Program for	97783
nonpublic students. Notwithstanding section 3365.10 of the Revised	97784
Code, the Department shall distribute funding according to rules	97785
adopted by the Department in accordance with Chapter 119. of the	97786
Revised Code.	97787

Section 267.30.10. NONPUBLIC ADMINISTRATIVE COST	97788
REIMBURSEMENT	97789

The foregoing appropriation item 200532, Nonpublic	97790
Administrative Cost Reimbursement, shall be used by the Department	97791
of Education for the purpose of implementing section 3317.063 of	97792
the Revised Code.	97793

Section 267.30.20. SPECIAL EDUCATION ENHANCEMENTS

97794

Of the foregoing appropriation item 200540, Special Education	97795
Enhancements, up to $2,206,875 in each fiscal year shall be used	97796
for home instruction for children with disabilities.	97797

Of the foregoing appropriation item 200540, Special Education	97798
Enhancements, up to $45,282,959 in each fiscal year shall be used	97799
to fund special education and related services at county boards of	97800
developmental disabilities for eligible students under section	97801
3317.20 of the Revised Code and at institutions for eligible	97802
students under section 3317.201 of the Revised Code.	97803
Notwithstanding the distribution formulas under sections 3317.20	97804
and 3317.201 of the Revised Code, funding for DD boards and	97805
institutions for fiscal year 2012 and fiscal year 2013 shall be	97806
determined by providing the per pupil amount received by each DD	97807
board and institution for the prior fiscal year for each student	97808
served in the current fiscal year.	97809

Of the foregoing appropriation item 200540, Special Education	97810
Enhancements, up to $1,333,468 in each fiscal year shall be used	97811
for parent mentoring programs.	97812

Of the foregoing appropriation item 200540, Special Education	97813
Enhancements, up to $2,537,824 in each fiscal year may be used for	97814
school psychology interns.	97815

The remainder of appropriation item 200540, Special Education	97816
Enhancements, shall be distributed by the Department of Education	97817
to county boards of developmental disabilities, educational	97818
service centers, and school districts for preschool special	97819
education units and preschool supervisory units under section	97820
3317.052 of the Revised Code. To the greatest extent possible, the	97821
Department of Education shall allocate these units to school	97822
districts and educational service centers.	97823

The Department may reimburse county DD boards, educational	97824
service centers, and school districts for services provided by	97825
instructional assistants, related services as defined in rule	97826
3301-51-11 of the Administrative Code, physical therapy services	97827
provided by a licensed physical therapist or physical therapist	97828
assistant under the supervision of a licensed physical therapist	97829
as required under Chapter 4755. of the Revised Code and Chapter	97830
4755-27 of the Administrative Code and occupational therapy	97831
services provided by a licensed occupational therapist or	97832
occupational therapy assistant under the supervision of a licensed	97833
occupational therapist as required under Chapter 4755. of the	97834
Revised Code and Chapter 4755-7 of the Administrative Code.	97835
Nothing in this section authorizes occupational therapy assistants	97836
or physical therapist assistants to generate or manage their own	97837
caseloads.	97838

The Department of Education shall require school districts,	97839
educational service centers, and county DD boards serving	97840
preschool children with disabilities to adhere to Ohio's Early	97841
Learning Program Guidelines and document child progress using	97842
research-based indicators prescribed by the Department and report	97843
results annually. The reporting dates and method shall be	97844
determined by the Department.	97845

Section 267.30.30. CAREER-TECHNICAL EDUCATION ENHANCEMENTS

97846

Of the foregoing appropriation item 200545, Career-Technical	97847
Education Enhancements, up to $2,563,568 in each fiscal year shall	97848
be used to fund secondary career-technical education at	97849
institutions.	97850

Of the foregoing appropriation item 200545, Career-Technical	97851
Education Enhancements, up to $2,838,281 in each fiscal year shall	97852
be used by the Department of Education to fund competitive grants	97853
to tech prep consortia that expand the number of students enrolled	97854
in tech prep programs. These grant funds shall be used to directly	97855
support expanded tech prep programs provided to students enrolled	97856
in school districts, including joint vocational school districts,	97857
and affiliated higher education institutions. This support may	97858
include the purchase of equipment.	97859

Of the foregoing appropriation item 200545, Career-Technical	97860
Education Enhancements, up to $3,100,850 in each fiscal year shall	97861
be used by the Department of Education to support existing High	97862
Schools That Work (HSTW) sites, develop and support new sites,	97863
fund technical assistance, and support regional centers and middle	97864
school programs. The purpose of HSTW is to combine challenging	97865
academic courses and modern career-technical studies to raise the	97866
academic achievement of students. HSTW provides intensive	97867
technical assistance, focused staff development, targeted	97868
assessment services, and ongoing communications and networking	97869
opportunities.	97870

Of the foregoing appropriation item 200545, Career-Technical	97871
Education Enhancements, up to $300,000 in each fiscal year shall	97872
be used by the Department of Education to enable students in	97873
agricultural programs to enroll in a fifth quarter of instruction	97874
based on the agricultural education model of delivering work-based	97875
learning through supervised agricultural experience. The	97876
Department of Education shall determine eligibility criteria and	97877
the reporting process for the Agriculture 5th Quarter Project and	97878
shall fund as many programs as possible given the set aside.	97879

Section 267.30.40. FOUNDATION FUNDING

97880

Of the foregoing appropriation item 200550, Foundation	97881
Funding, up to $425,000 shall be expended in each fiscal year for	97882
court payments under section 2151.362 of the Revised Code.	97883

Of the foregoing appropriation item 200550, Foundation	97884
Funding, up to $8,100,000 in each fiscal year shall be used to	97885
fund gifted education at educational service centers. For fiscal	97886
year 2012 and fiscal year 2013, each Educational Service Center	97887
that received gifted education funding for the prior fiscal year	97888
shall receive the same amount for the current fiscal year, unless	97889
the Educational Service Center notifies the Department of	97890
Education in writing that it no longer will be providing gifted	97891
services or will be providing fewer gifted services than provided	97892
in the prior fiscal year. In such case, the Department shall	97893
deduct all or a portion, as appropriate, of the funding received	97894
by the Educational Service Center for the prior fiscal year from	97895
the Center's allocation for the current fiscal year. The	97896
Department shall redistribute the deducted funding to other	97897
Educational Service Centers through the unit-based funding	97898
methodology in place under division (L) of section 3317.024 of the	97899
Revised Code as it existed prior to fiscal year 2010.	97900

Of the foregoing appropriation item 200550, Foundation	97901
Funding, up to $10,000,000 in each fiscal year shall be used to	97902
provide additional state aid to school districts, joint vocational	97903
school districts, and community schools for special education	97904
students under division (C)(3) of section 3317.022 of the Revised	97905
Code, except that the Controlling Board may increase these amounts	97906
if presented with such a request from the Department of Education	97907
at the final meeting of the fiscal year; and up to $2,000,000 in	97908
each fiscal year shall be reserved for Youth Services tuition	97909
payments under section 3317.024 of the Revised Code.	97910

Of the foregoing appropriation item 200550, Foundation	97911
Funding, up to $41,760,000 in fiscal year 2012 and up to	97912
$35,323,000 in fiscal year 2013 shall be reserved to fund the	97913
state reimbursement of educational service centers under section	97914
3317.11 of the Revised Code and the section of this act entitled	97915
"EDUCATIONAL SERVICE CENTERS FUNDING;" and up to $3,545,752 in	97916
each fiscal year shall be distributed to educational service	97917
centers for School Improvement Initiatives. Educational service	97918
centers shall be required to support districts in the development	97919
and implementation of their continuous improvement plans as	97920
required in section 3302.04 of the Revised Code and to provide	97921
technical assistance and support in accordance with Title I of the	97922
"No Child Left Behind Act of 2001," 115 Stat. 1425, 20 U.S.C.	97923
6317.	97924

Of the foregoing appropriation item 200550, Foundation	97925
Funding, up to $1,000,000 in each fiscal year shall be used by the	97926
Department of Education for a program to pay for educational	97927
services for youth who have been assigned by a juvenile court or	97928
other authorized agency to any of the facilities described in	97929
division (A) of the section of this act entitled "PRIVATE	97930
TREATMENT FACILITY PROJECT."	97931

Of the foregoing appropriation item 200550, Foundation	97932
Funding, up to $12,522,860 in each fiscal year shall be used to	97933
support the Cleveland school choice program.	97934

Of the portion of the funds distributed to the Cleveland	97935
Municipal School District under this section, up to $11,901,887 in	97936
each fiscal year shall be used to operate the school choice	97937
program in the Cleveland Municipal School District under sections	97938
3313.974 to 3313.979 of the Revised Code. Notwithstanding	97939
divisions (B) and (C) of section 3313.978 and division (C) of	97940
section 3313.979 of the Revised Code, up to $1,000,000 in each	97941
fiscal year of this amount shall be used by the Cleveland	97942
Municipal School District to provide tutorial assistance as	97943
provided in division (H) of section 3313.974 of the Revised Code.	97944
The Cleveland Municipal School District shall report the use of	97945
these funds in the district's three-year continuous improvement	97946
plan as described in section 3302.04 of the Revised Code in a	97947
manner approved by the Department of Education.	97948

Of the foregoing appropriation item 200550, Foundation	97949
Funding, an amount shall be available in each fiscal year to be	97950
paid to joint vocational school districts in accordance with the	97951
section of this act entitled "FUNDING FOR JOINT VOCATIONAL SCHOOL	97952
DISTRICTS."	97953

Of the foregoing appropriation item 200550, Foundation	97954
Funding, a portion in each fiscal year shall be paid to city,	97955
exempted village, and local school districts in accordance with	97956
the section of this act entitled "SUPPLEMENTAL SCHOOL DISTRICT	97957
FUNDING."	97958

The remainder of appropriation item 200550, Foundation	97959
Funding, shall be used to distribute the amounts calculated for	97960
formula aid under Section 267.30.50 of this act.	97961

Appropriation items 200502, Pupil Transportation, 200540,	97962
Special Education Enhancements, and 200550, Foundation Funding,	97963
other than specific set-asides, are collectively used in each	97964
fiscal year to pay state formula aid obligations for school	97965
districts, community schools, STEM schools, and joint vocational	97966
school districts under this act. The first priority of these	97967
appropriation items, with the exception of specific set-asides, is	97968
to fund state formula aid obligations. It may be necessary to	97969
reallocate funds among these appropriation items or use excess	97970
funds from other general revenue fund appropriation items in the	97971
Department of Education's budget in each fiscal year, in order to	97972
meet state formula aid obligations. If it is determined that it is	97973
necessary to transfer funds among these appropriation items or to	97974
transfer funds from other General Revenue Fund appropriations in	97975
the Department of Education's budget to meet state formula aid	97976
obligations, the Department of Education shall seek approval from	97977
the Controlling Board to transfer funds as needed.	97978

Section 267.30.50. FUNDING FOR CITY, EXEMPTED VILLAGE, AND	97979
LOCAL SCHOOL DISTRICTS	97980

(A) For each of fiscal years 2012 and 2013, the Department of	97981
Education shall compute and pay operating funding for each city,	97982
exempted village, and local school district according to the	97983
following formula:	97984

[(The final amount computed for fiscal year 2011 under	97985

the line on the district's PASS form entitled "State	97986

Resources for the Foundation Funding Program" / the district's	97987

recalculated fiscal year 2011 formula ADM) X the district's	97988

current year formula ADM] - the district's adjustment amount	97989

Where:

97990

(1) "PASS form" means the form for calculating operating	97991
payments to school districts as prescribed by former section	97992
3306.012 of the Revised Code.	97993

(2) "Recalculated fiscal year 2011 formula ADM" means the	97994
district's average daily membership reported in October 2010 under	97995
division (A) of section 3317.03 of the Revised Code, as verified	97996
by the Superintendent of Public Instruction and adjusted if so	97997
ordered under division (K) of that section, and as further	97998
adjusted by the Department, as follows:	97999

(a) Count only twenty per cent of the number of joint	98000
vocational school district students counted under division (A)(3)	98001
of section 3317.03 of the Revised Code;	98002

(b) Add twenty per cent of the number of students who are	98003
entitled to attend school in the district under section 3313.64 or	98004
3313.65 of the Revised Code and are enrolled in another school	98005
district under a career-technical educational compact.	98006

(3) "Current year formula ADM" means the district's formula	98007
ADM for the current fiscal year as defined in section 3317.02 of	98008
the Revised Code.	98009

(4) "The district's adjustment amount" means the amount	98010
computed under division (B)(5) of this section.	98011

If the computation made under division (A) of this section	98012
results in a negative number, the district's funding under this	98013
section shall be zero.	98014

(B) To make the computation required by division (A) of this	98015
section, the Department shall determine all of the following:	98016

(1) Each district's charge-off valuation per pupil, which	98017
shall be the valuation used to determine the district's state	98018
share of the adequacy amount for fiscal year 2011, under former	98019
section 3306.13 of the Revised Code, divided by the district's	98020
recalculated fiscal year 2011 formula ADM;	98021

(2) The statewide median charge-off valuation per pupil;

98022

(3) Each district's charge-off valuation index, which shall	98023
be the district's charge-off valuation per pupil divided by the	98024
statewide median charge-off valuation per pupil;	98025

(4) The statewide per pupil adjustment amount. The Department	98026
shall determine that amount so that the total statewide formula	98027
aid obligation for school districts does not exceed the aggregate	98028
amount appropriated for formula aid under line items 200502,	98029
200550, and 200612.	98030

(5) Each district's adjustment amount, which shall be the	98031
district's charge-off valuation index multiplied by the statewide	98032
per pupil adjustment amount multiplied by the district's current	98033
year formula ADM.	98034

(C) On the form that the Department uses to compute funding	98035
for a school district in accordance with this section, the	98036
Department also shall indicate the amount of that funding	98037
allocated to special education and related services and the amount	98038
allocated to career-technical education. The amounts allocated for	98039
special education and career-technical education shall be the	98040
amounts indicated on the PASS form for fiscal year 2011. Each	98041
school district that receives an allocation for career-technical	98042
education shall spend the funds only for purposes the Department	98043
of Education designates as approved for career-technical education	98044
expenses. Career-technical education expenses approved by the	98045
Department shall include only expenses connected to the delivery	98046
of career-technical programming to students enrolled in	98047
state-approved career-technical programs. If a school district	98048
informs the Department that it is unable to spend the full	98049
allocation on approved career-technical education expenses, the	98050
Department may reallocate the district's unexpended amount of the	98051
career-technical education allocation to other school districts.	98052
The Department shall first allocate the funds to school districts	98053
within the original school district's vocational education	98054
planning district that have growth in career-technical enrollment	98055
from the previous fiscal year. If there are no such districts, the	98056
Department shall allocate the funds to other school districts,	98057
with priority given to districts according to each district's	98058
growth in career-technical enrollment from the previous fiscal	98059
year. The Department shall require each school district to report	98060
data annually so that the Department may monitor the district's	98061
compliance with the requirements regarding the manner in which	98062
allocations for career-technical education may be spent.	98063

(D) For fiscal years 2012 and 2013, wherever a provision of	98064
law refers to payments or adjustments for a school district made	98065
in accordance with any section of Chapter 3317. of the Revised	98066
Code, that reference shall be construed to include payments or	98067
adjustments made under this section.	98068

Section 267.30.53. SUPPLEMENTAL SCHOOL DISTRICT FUNDING

98069

(A) For fiscal year 2012, the Department of Education shall	98070
compute and pay supplemental operating funding for each city,	98071
exempted village, and local school district according to the	98072
following formula:	98073

[(The final amount computed for fiscal year 2011 under the	98074
line on the district's PASS form entitled "State Resources for the	98075
Foundation Funding Program" minus the portion of that amount paid	98076
from funds received under the American Recovery and Reinvestment	98077
Act State Fiscal Stabilization Fund) multiplied by eighty per	98078
cent] minus (the amount computed for the district for fiscal year	98079
2012 under Section 267.30.50 of this act).	98080

(B) For fiscal year 2013, the Department of Education shall	98081
compute and pay supplemental operating funding for districts	98082
allocated funding under this section for fiscal year 2012	98083
according to the following formula:	98084

[(The final amount computed for the district for fiscal year	98085
2012 under Section 267.30.50 of this act) plus (the final amount	98086
computed for the district for fiscal year 2012 under this	98087
section)] minus (the amount computed for the district for fiscal	98088
year 2013 under Section 267.30.50 of this act).	98089

(C) If the computation made under division (A) or (B) of this	98090
section results in a negative number, the district's funding under	98091
that division shall be zero.	98092

Section 267.30.60. FUNDING FOR JOINT VOCATIONAL SCHOOL	98093
DISTRICTS	98094

The Department of Education shall distribute funds within	98095
appropriation item 200550, Foundation Funding, for joint	98096
vocational funding in each fiscal year to each joint vocational	98097
school district that received joint vocational funding in fiscal	98098
year 2011. The Department shall distribute to each such district	98099
joint vocational funding in an amount equal to the district's	98100
total state foundation aid as reported on the final JVS payment	98101
report produced by the Department for the previous fiscal year.	98102

The joint vocational funding for each fiscal year for each	98103
district is the amount specified in this section less any general	98104
revenue fund spending reductions ordered by the Governor under	98105
section 126.05 of the Revised Code.	98106

Section 267.30.70. PROPERTY TAX ALLOCATION - EDUCATION

98107

The Superintendent of Public Instruction shall not request,	98108
and the Controlling Board shall not approve, the transfer of	98109
appropriation from appropriation item 200901, Property Tax	98110
Allocation - Education, to any other appropriation item.	98111

The appropriation item 200901, Property Tax Allocation -	98112
Education, is appropriated to pay for the state's costs incurred	98113
because of the homestead exemption, the property tax rollback, and	98114
payments required under division (C) of section 5705.2110 of the	98115
Revised Code. In cooperation with the Department of Taxation, the	98116
Department of Education shall distribute these funds directly to	98117
the appropriate school districts of the state, notwithstanding	98118
sections 321.24 and 323.156 of the Revised Code, which provide for	98119
payment of the homestead exemption and property tax rollback by	98120
the Tax Commissioner to the appropriate county treasurer and the	98121
subsequent redistribution of these funds to the appropriate local	98122
taxing districts by the county auditor.	98123

Upon receipt of these amounts, each school district shall	98124
distribute the amount among the proper funds as if it had been	98125
paid as real or tangible personal property taxes. Payments for the	98126
costs of administration shall continue to be paid to the county	98127
treasurer and county auditor as provided for in sections 319.54,	98128
321.26, and 323.156 of the Revised Code.	98129

Any sums, in addition to the amount specifically appropriated	98130
in appropriation items 200901, Property Tax Allocation -	98131
Education, for the homestead exemption and the property tax	98132
rollback payments, and payments required under division (C) of	98133
section 5705.2110 of the Revised Code, which are determined to be	98134
necessary for these purposes, are hereby appropriated.	98135

Section 267.30.80. TEACHER CERTIFICATION AND LICENSURE

98136

The foregoing appropriation item 200681, Teacher	98137
Certification and Licensure, shall be used by the Department of	98138
Education in each year of the biennium to administer and support	98139
teacher certification and licensure activities.	98140

SCHOOL DISTRICT SOLVENCY ASSISTANCE

98141

(A) Of the foregoing appropriation item 200687, School	98142
District Solvency Assistance, $20,000,000 in each fiscal year	98143
shall be allocated to the School District Shared Resource Account	98144
and $5,000,000 in each fiscal year shall be allocated to the	98145
Catastrophic Expenditures Account. These funds shall be used to	98146
provide assistance and grants to school districts to enable them	98147
to remain solvent under section 3316.20 of the Revised Code.	98148
Assistance and grants shall be subject to approval by the	98149
Controlling Board. Except as provided under division (C) of this	98150
section, any required reimbursements from school districts for	98151
solvency assistance shall be made to the appropriate account in	98152
the School District Solvency Assistance Fund (Fund 5H30).	98153

(B) Notwithstanding any provision of law to the contrary,	98154
upon the request of the Superintendent of Public Instruction, the	98155
Director of Budget and Management may make transfers to the School	98156
District Solvency Assistance Fund (Fund 5H30) from any fund used	98157
by the Department of Education or the General Revenue Fund to	98158
maintain sufficient cash balances in Fund 5H30 in fiscal years	98159
2012 and 2013. Any cash transferred is hereby appropriated. The	98160
transferred cash may be used by the Department of Education to	98161
provide assistance and grants to school districts to enable them	98162
to remain solvent and to pay unforeseeable expenses of a temporary	98163
or emergency nature that the school district is unable to pay from	98164
existing resources. The Director of Budget and Management shall	98165
notify the members of the Controlling Board of any such transfers.	98166

(C) If the cash balance of the School District Solvency	98167
Assistance Fund (Fund 5H30) is insufficient to pay solvency	98168
assistance in fiscal years 2012 and 2013, at the request of the	98169
Superintendent of Public Instruction, and with the approval of the	98170
Controlling Board, the Director of Budget and Management may	98171
transfer cash from the Lottery Profits Education Reserve Fund	98172
(Fund 7018) to Fund 5H30 to provide assistance and grants to	98173
school districts to enable them to remain solvent and to pay	98174
unforeseeable expenses of a temporary nature that they are unable	98175
to pay from existing resources under section 3316.20 of the	98176
Revised Code. Such transfers are hereby appropriated to	98177
appropriation item 200670, School District Solvency Assistance –	98178
Lottery. Any required reimbursements from school districts for	98179
solvency assistance granted from appropriation item 200670, School	98180
District Solvency Assistance – Lottery, shall be made to Fund	98181
7018.	98182

Section 267.30.90. SCHOOLS MEDICAID ADMINISTRATIVE CLAIMS

98183

Upon the request of the Superintendent of Public Instruction,	98184
the Director of Budget and Management may transfer up to $639,000	98185
cash in each fiscal year from the General Revenue Fund to the	98186
Schools Medicaid Administrative Claims Fund (Fund 3AF0). The	98187
transferred cash is to be used by the Department of Education to	98188
pay the expenses the Department incurs in administering the	98189
Medicaid School Component of the Medicaid program established	98190
under sections 5111.71 to 5111.715 of the Revised Code. On June 1	98191
of each fiscal year, or as soon as possible thereafter, the	98192
Director of Budget and Management shall transfer cash from Fund	98193
3AF0 back to the General Revenue Fund in an amount equal to the	98194
total amount transferred to Fund 3AF0 in that fiscal year.	98195

The money deposited into Fund 3AF0 under division (B) of	98196
section 5111.714 of the Revised Code is hereby appropriated for	98197
fiscal years 2012 and 2013 and shall be used in accordance with	98198
division (D) of section 5111.714 of the Revised Code.	98199

Section 267.40.10. HALF-MILL MAINTENANCE EQUALIZATION

98200

The foregoing appropriation item 200626, Half-Mill	98201
Maintenance Equalization, shall be used to make payments pursuant	98202
to section 3318.18 of the Revised Code.	98203

Section 267.40.20. AUXILIARY SERVICES REIMBURSEMENT

98204

Notwithstanding section 3317.064 of the Revised Code, if the	98205
unexpended, unencumbered cash balance is sufficient, the Treasurer	98206
of State shall transfer $1,500,000 in fiscal year 2012 within	98207
thirty days after the effective date of this section, and	98208
$1,500,000 in fiscal year 2013 by August 1, 2012, from the	98209
Auxiliary Services Personnel Unemployment Compensation Fund to the	98210
Auxiliary Services Reimbursement Fund (Fund 5980) used by the	98211
Department of Education.	98212

COMMUNITY SCHOOL DROPOUT PROGRAMS

98213

The foregoing appropriation item 200679, Community School	98214
Dropout Programs, shall be used to make payments pursuant to	98215
section 3314.38 of the Revised Code. On July 1, 2011, or as soon	98216
as possible thereafter, and on July 1, 2012, or as soon as	98217
possible thereafter, the Director of Budget and Management shall	98218
transfer $1,000,000 from the Economic Development Programs Fund	98219
(Fund 5JC0) used by the Board of Regents to the Community School	98220
Dropout Programs Fund (Fund 5KK0) used by the Department of	98221
Education.	98222

Section 267.40.30. LOTTERY PROFITS EDUCATION FUND

98223

Appropriation item 200612, Foundation Funding (Fund 7017),	98224
shall be used in conjunction with appropriation item 200550,	98225
Foundation Funding (GRF), to provide state foundation payments to	98226
school districts.	98227

The Department of Education, with the approval of the	98228
Director of Budget and Management, shall determine the monthly	98229
distribution schedules of appropriation item 200550, Foundation	98230
Funding (GRF), and appropriation item 200612, Foundation Funding	98231
(Fund 7017). If adjustments to the monthly distribution schedule	98232
are necessary, the Department of Education shall make such	98233
adjustments with the approval of the Director of Budget and	98234
Management.	98235

Section 267.40.40. LOTTERY PROFITS EDUCATION RESERVE FUND

98236

(A) There is hereby created the Lottery Profits Education	98237
Reserve Fund (Fund 7018) in the State Treasury. Investment	98238
earnings of the Lottery Profits Education Reserve Fund shall be	98239
credited to the fund.	98240

(B) Notwithstanding any other provision of law to the	98241
contrary, the Director of Budget and Management may transfer cash	98242
from Fund 7018 to the Lottery Profits Education Fund (Fund 7017)	98243
in fiscal year 2012 and fiscal year 2013. Amounts transferred	98244
under this section are hereby appropriated.	98245

(C) On July 15, 2011, or as soon as possible thereafter, the	98246
Director of the Ohio Lottery Commission shall certify to the	98247
Director of Budget and Management the amount by which lottery	98248
profit transfers received by Fund 7017 exceeded $711,000,000 in	98249
fiscal year 2011. The Director of Budget and Management may	98250
transfer the amount so certified, plus the cash balance in Fund	98251
7017, to Fund 7018.	98252

(D) On July 15, 2012, or as soon as possible thereafter, the	98253
Director of the Ohio Lottery Commission shall certify to the	98254
Director of Budget and Management the amount by which lottery	98255
profit transfers received by Fund 7017 exceeded $717,500,000 in	98256
fiscal year 2012. The Director of Budget and Management may	98257
transfer the amount so certified, plus the cash balance in Fund	98258
7017, to Fund 7018.	98259

Section 267.40.50. GENERAL REVENUE FUND TRANSFERS TO SCHOOL	98260
DISTRICT PROPERTY TAX REPLACEMENT - BUSINESS (FUND 7047)	98261

Notwithstanding any provision of law to the contrary, in	98262
fiscal year 2012 and fiscal year 2013 the Director of Budget and	98263
Management may make temporary transfers between the General	98264
Revenue Fund and the School District Property Tax Replacement –	98265
Business Fund (Fund 7047) in the Department of Education to ensure	98266
sufficient balances in Fund 7047 and to replenish the General	98267
Revenue Fund for such transfers.	98268

Section 267.40.60. SCHOOL DISTRICT PROPERTY TAX REPLACEMENT -	98269
BUSINESS	98270

The foregoing appropriation item 200909, School District	98271
Property Tax Replacement – Business, shall be used by the	98272
Department of Education, in consultation with the Department of	98273
Taxation, to make payments to school districts and joint	98274
vocational school districts under section 5751.21 of the Revised	98275
Code. If it is determined by the Director of Budget and Management	98276
that additional appropriations are necessary for this purpose,	98277
such amounts are hereby appropriated.	98278

SCHOOL DISTRICT PROPERTY TAX REPLACEMENT - UTILITY

98279

The foregoing appropriation item 200900, School District	98280
Property Tax Replacement-Utility, shall be used by the Department	98281
of Education, in consultation with the Department of Taxation, to	98282
make payments to school districts and joint vocational school	98283
districts under section 5727.85 of the Revised Code. If it is	98284
determined by the Director of Budget and Management that	98285
additional appropriations are necessary for this purpose, such	98286
amounts are hereby appropriated.	98287

DISTRIBUTION FORMULAS

98288

The Department of Education shall report the following to the	98289
Director of Budget and Management and the Legislative Service	98290
Commission:	98291

(A) Changes in formulas for distributing state	98292
appropriations, including administratively defined formula	98293
factors;	98294

(B) Discretionary changes in formulas for distributing	98295
federal appropriations;	98296

(C) Federally mandated changes in formulas for distributing	98297
federal appropriations.	98298

Any such changes shall be reported two weeks prior to the	98299
effective date of the change.	98300

Section 267.40.70. EDUCATIONAL SERVICE CENTERS FUNDING

98301

In fiscal year 2012, each Educational Service Center shall	98302
receive funding equal to ninety per cent of the amount received in	98303
fiscal year 2011 under section 3317.11 of the Revised Code and	98304
Section 265.50.10 of Am. Sub. H.B. 1 of the 128th General	98305
Assembly.	98306

In fiscal year 2013, each Educational Service Center shall	98307
receive funding equal to eighty-five per cent of the amount	98308
received in fiscal year 2012 under this section.	98309

Notwithstanding any provision of law to the contrary, the	98310
Department of Education shall modify the payments under this	98311
section as follows:	98312

(A) If an educational service center ceases operation, the	98313
Department shall redistribute that center's funding, as calculated	98314
under this section, to the remaining centers in proportion to each	98315
center's service center ADM as defined in section 3317.11 of the	98316
Revised Code.	98317

(B) If two or more educational service centers merge	98318
operations to create a single service center, the Department shall	98319
distribute the sum of the original service centers' funding, as	98320
calculated under this section, to the new service center.	98321

Section 267.40.80. PRIVATE TREATMENT FACILITY PROJECT

98322

(A) As used in this section:

98323

(1) The following are "participating residential treatment	98324
centers":	98325

(a) Private residential treatment facilities that have	98326
entered into a contract with the Department of Youth Services to	98327
provide services to children placed at the facility by the	98328
Department and which, in fiscal year 2012 or fiscal year 2013 or	98329
both, the Department pays through appropriation item 470401,	98330
RECLAIM Ohio;	98331

(b) Abraxas, in Shelby;

98332

98333

(d) F.I.R.S.T., in Mansfield.

98334

(2) "Education program" means an elementary or secondary	98335
education program or a special education program and related	98336
services.	98337

(3) "Served child" means any child receiving an education	98338
program pursuant to division (B) of this section.	98339

(4) "School district responsible for tuition" means a city,	98340
exempted village, or local school district that, if tuition	98341
payment for a child by a school district is required under law	98342
that existed in fiscal year 1998, is the school district required	98343
to pay that tuition.	98344

(5) "Residential child" means a child who resides in a	98345
participating residential treatment center and who is receiving an	98346
educational program under division (B) of this section.	98347

(B) A youth who is a resident of the state and has been	98348
assigned by a juvenile court or other authorized agency to a	98349
residential treatment facility specified in division (A) of this	98350
section shall be enrolled in an approved educational program	98351
located in or near the facility. Approval of the educational	98352
program shall be contingent upon compliance with the criteria	98353
established for such programs by the Department of Education. The	98354
educational program shall be provided by a school district or	98355
educational service center, or by the residential facility itself.	98356
Maximum flexibility shall be given to the residential treatment	98357
facility to determine the provider. In the event that a voluntary	98358
agreement cannot be reached and the residential facility does not	98359
choose to provide the educational program, the educational service	98360
center in the county in which the facility is located shall	98361
provide the educational program at the treatment center to	98362
children under twenty-two years of age residing in the treatment	98363
center.	98364

(C) Any school district responsible for tuition for a	98365
residential child shall, notwithstanding any conflicting provision	98366
of the Revised Code regarding tuition payment, pay tuition for the	98367
child for fiscal year 2012 and fiscal year 2013 to the education	98368
program provider and in the amount specified in this division. If	98369
there is no school district responsible for tuition for a	98370
residential child and if the participating residential treatment	98371
center to which the child is assigned is located in the city,	98372
exempted village, or local school district that, if the child were	98373
not a resident of that treatment center, would be the school	98374
district where the child is entitled to attend school under	98375
sections 3313.64 and 3313.65 of the Revised Code, that school	98376
district, notwithstanding any conflicting provision of the Revised	98377
Code, shall pay tuition for the child for fiscal year 2012 and	98378
fiscal year 2013 under this division unless that school district	98379
is providing the educational program to the child under division	98380
(B) of this section.	98381

A tuition payment under this division shall be made to the	98382
school district, educational service center, or residential	98383
treatment facility providing the educational program to the child.	98384

The amount of tuition paid shall be:

98385

(1) The amount of tuition determined for the district under	98386
division (A) of section 3317.08 of the Revised Code;	98387

(2) In addition, for any student receiving special education	98388
pursuant to an individualized education program as defined in	98389
section 3323.01 of the Revised Code, a payment for excess costs.	98390
This payment shall equal the actual cost to the school district,	98391
educational service center, or residential treatment facility of	98392
providing special education and related services to the student	98393
pursuant to the student's individualized education program, minus	98394
the tuition paid for the child under division (C)(1) of this	98395
section.	98396

A school district paying tuition under this division shall	98397
not include the child for whom tuition is paid in the district's	98398
average daily membership certified under division (A) of section	98399
3317.03 of the Revised Code.	98400

(D) In each of fiscal years 2012 and 2013, the Department of	98401
Education shall reimburse, from appropriations made for the	98402
purpose, a school district, educational service center, or	98403
residential treatment facility, whichever is providing the	98404
service, that has demonstrated that it is in compliance with the	98405
funding criteria for each served child for whom a school district	98406
must pay tuition under division (C) of this section. The amount of	98407
the reimbursement shall be the amount appropriated for this	98408
purpose divided by the full-time equivalent number of children for	98409
whom reimbursement is to be made.	98410

(E) Funds provided to a school district, educational service	98411
center, or residential treatment facility under this section shall	98412
be used to supplement, not supplant, funds from other public	98413
sources for which the school district, service center, or	98414
residential treatment facility is entitled or eligible.	98415

(F) The Department of Education shall track the utilization	98416
of funds provided to school districts, educational service	98417
centers, and residential treatment facilities under this section	98418
and monitor the effect of the funding on the educational programs	98419
they provide in participating residential treatment facilities.	98420
The Department shall monitor the programs for educational	98421
accountability.	98422

Section 267.40.90. SCHOOL DISTRICT PARTICIPATION IN NATIONAL	98423
ASSESSMENT OF EDUCATION PROGRESS	98424

The General Assembly intends for the Superintendent of Public	98425
Instruction to provide for school district participation in the	98426
administration of the National Assessment of Education Progress in	98427
accordance with section 3301.27 of the Revised Code. Each school	98428
and school district selected for participation by the	98429
Superintendent of Public Instruction shall participate.	98430

Section 267.50.10. COMMUNITY SCHOOL FUNDING GUARANTEE FOR SBH	98431
STUDENTS	98432

(A) As used in this section:

98433

(1) "IEP" has the same meaning as in section 3323.01 of the	98434
Revised Code.	98435

(2) "SBH student" means a student receiving special education	98436
and related services for severe behavior disabilities pursuant to	98437
an IEP.	98438

(B) This section applies only to a community school	98439
established under Chapter 3314. of the Revised Code that in each	98440
of fiscal years 2012 and 2013 enrolls a number of SBH students	98441
equal to at least fifty per cent of the total number of students	98442
enrolled in the school in the applicable fiscal year.	98443

(C) In addition to any state foundation payments made, in	98444
each of fiscal years 2012 and 2013, the Department of Education	98445
shall pay to a community school to which this section applies a	98446
subsidy equal to the difference between the aggregate amount	98447
calculated and paid in that fiscal year to the community school	98448
for special education and related services additional weighted	98449
costs for the SBH students enrolled in the school and the	98450
aggregate amount that would have been calculated for the school	98451
for special education and related services additional weighted	98452
costs for those same students in fiscal year 2001. If the	98453
difference is a negative number, the amount of the subsidy shall	98454
be zero.	98455

(D) The amount of any subsidy paid to a community school	98456
under this section shall not be deducted from the school district	98457
in which any of the students enrolled in the community school are	98458
entitled to attend school under section 3313.64 or 3313.65 of the	98459
Revised Code. The amount of any subsidy paid to a community school	98460
under this section shall be paid from funds appropriated to the	98461
Department of Education in appropriation item 200550, Foundation	98462
Funding.	98463

Section 267.50.20. EARMARK ACCOUNTABILITY

98464

At the request of the Superintendent of Public Instruction,	98465
any entity that receives a budget earmark under the Department of	98466
Education shall submit annually to the chairpersons of the	98467
committees of the House of Representatives and the Senate	98468
primarily concerned with education and to the Department of	98469
Education a report that includes a description of the services	98470
supported by the funds, a description of the results achieved by	98471
those services, an analysis of the effectiveness of the program,	98472
and an opinion as to the program's applicability to other school	98473
districts. For an earmarked entity that received state funds from	98474
an earmark in the prior fiscal year, no funds shall be provided by	98475
the Department of Education to an earmarked entity for a fiscal	98476
year until its report for the prior fiscal year has been	98477
submitted.	98478

Section 267.50.30. PROHIBITION FROM OPERATING FROM HOME

98479

No community school established under Chapter 3314. of the	98480
Revised Code that was not open for operation as of May 1, 2005,	98481
shall operate from a home, as defined in section 3313.64 of the	98482
Revised Code.	98483

Section 267.50.40. EARLY COLLEGE START UP COMMUNITY SCHOOL

98484

(A) As used in this section:

98485

(1) "Big eight school district" has the same meaning as in	98486
section 3314.02 of the Revised Code.	98487

(2) "Early college high school" means a high school that	98488
provides students with a personalized learning plan based on an	98489
accelerated curriculum combining high school and college-level	98490
coursework.	98491

(B) Any early college high school that is operated by a big	98492
eight school district in partnership with a private university may	98493
operate as a new start-up community school under Chapter 3314. of	98494
the Revised Code beginning in the 2007-2008 school year, if all of	98495
the following conditions are met:	98496

(1) The governing authority and sponsor of the school enter	98497
into a contract in accordance with section 3314.03 of the Revised	98498
Code and, notwithstanding division (D) of section 3314.02 of the	98499
Revised Code, both parties adopt and sign the contract by July 9,	98500
2007.	98501

(2) Notwithstanding division (A) of former section 3314.016	98502
of the Revised Code, the school's governing authority enters into	98503
a contract with the private university under which the university	98504
will be the school's operator.	98505

(3) The school provides the same educational program the	98506
school provided while part of the big eight school district.	98507

Section 267.50.50. USE OF VOLUNTEERS

98508

The Department of Education may utilize the services of	98509
volunteers to accomplish any of the purposes of the Department.	98510
The Superintendent of Public Instruction shall approve for what	98511
purposes volunteers may be used and for these purposes may	98512
recruit, train, and oversee the services of volunteers. The	98513
Superintendent may reimburse volunteers for necessary and	98514
appropriate expenses in accordance with state guidelines and may	98515
designate volunteers as state employees for the purpose of motor	98516
vehicle accident liability insurance under section 9.83 of the	98517
Revised Code, for immunity under section 9.86 of the Revised Code,	98518
and for indemnification from liability incurred in the performance	98519
of their duties under section 9.87 of the Revised Code.	98520

Section 267.50.60. RESTRICTION OF LIABILITY FOR CERTAIN	98521
REIMBURSEMENTS	98522

(A) Except as expressly required under a court judgment not	98523
subject to further appeals, or a settlement agreement with a	98524
school district executed on or before June 1, 2009, in the case of	98525
a school district for which the formula ADM for fiscal year 2005,	98526
as reported for that fiscal year under division (A) of section	98527
3317.03 of the Revised Code, was reduced based on enrollment	98528
reports for community schools, made under section 3314.08 of the	98529
Revised Code, regarding students entitled to attend school in the	98530
district, which reduction of formula ADM resulted in a reduction	98531
of foundation funding or transitional aid funding for fiscal year	98532
2005, 2006, or 2007, no school district, except a district named	98533
in the court's judgment or the settlement agreement, shall have a	98534
legal claim for reimbursement of the amount of such reduction in	98535
foundation funding or transitional aid funding, and the state	98536
shall not have liability for reimbursement of the amount of such	98537
reduction in foundation funding or transitional aid funding.	98538

(B) As used in this section:

98539

(1) "Community school" means a community school established	98540
under Chapter 3314. of the Revised Code.	98541

(2) "Entitled to attend school" means entitled to attend	98542
school in a school district under section 3313.64 or 3313.65 of	98543
the Revised Code.	98544

(3) "Foundation funding" means payments calculated for the	98545
respective fiscal year under Chapter 3317. of the Revised Code.	98546

(4) "Transitional aid funding" means payments calculated for	98547
the respective fiscal year under Section 41.37 of Am. Sub. H.B. 95	98548
of the 125th General Assembly, as subsequently amended; Section	98549
206.09.39 of Am. Sub. H.B. 66 of the 126th General Assembly, as	98550
subsequently amended; and Section 269.30.80 of Am. Sub. H.B. 119	98551
of the 127th General Assembly.	98552

Section 267.50.70. UNAUDITABLE COMMUNITY SCHOOL

98553

(A) If the Auditor of State or a public accountant, pursuant	98554
to section 117.41 of the Revised Code, declares a community school	98555
established under Chapter 3314. of the Revised Code to be	98556
unauditable, the Auditor of State shall provide written	98557
notification of that declaration to the school, the school's	98558
sponsor, and the Department of Education. The Auditor of State	98559
also shall post the notification on the Auditor of State's web	98560
site.	98561

(B) Notwithstanding any provision to the contrary in Chapter	98562
3314. of the Revised Code or any other provision of law, a sponsor	98563
of a community school that is notified by the Auditor of State	98564
under division (A) of this section that a community school it	98565
sponsors is unauditable shall not enter into contracts with any	98566
additional community schools under section 3314.03 of the Revised	98567
Code until the Auditor of State or a public accountant has	98568
completed a financial audit of that school.	98569

(C) Not later than forty-five days after receiving	98570
notification by the Auditor of State under division (A) of this	98571
section that a community school is unauditable, the sponsor of the	98572
school shall provide a written response to the Auditor of State.	98573
The response shall include the following:	98574

(1) An overview of the process the sponsor will use to review	98575
and understand the circumstances that led to the community school	98576
becoming unauditable;	98577

(2) A plan for providing the Auditor of State with the	98578
documentation necessary to complete an audit of the community	98579
school and for ensuring that all financial documents are available	98580
in the future;	98581

(3) The actions the sponsor will take to ensure that the plan	98582
described in division (C)(2) of this section is implemented.	98583

(D) If a community school fails to make reasonable efforts	98584
and continuing progress to bring its accounts, records, files, or	98585
reports into an auditable condition within ninety days after being	98586
declared unauditable, the Auditor of State, in addition to	98587
requesting legal action under sections 117.41 and 117.42 of the	98588
Revised Code, shall notify the Department of the school's failure.	98589
If the Auditor of State or a public accountant subsequently is	98590
able to complete a financial audit of the school, the Auditor of	98591
State shall notify the Department that the audit has been	98592
completed.	98593

(E) Notwithstanding any provision to the contrary in Chapter	98594
3314. of the Revised Code or any other provision of law, upon	98595
notification by the Auditor of State under division (D) of this	98596
section that a community school has failed to make reasonable	98597
efforts and continuing progress to bring its accounts, records,	98598
files, or reports into an auditable condition following a	98599
declaration that the school is unauditable, the Department shall	98600
immediately cease all payments to the school under Chapter 3314.	98601
of the Revised Code and any other provision of law. Upon	98602
subsequent notification from the Auditor of State under that	98603
division that the Auditor of State or a public accountant was able	98604
to complete a financial audit of the community school, the	98605
Department shall release all funds withheld from the school under	98606
this section.	98607

Section 267.50.80. FLEXIBLE FUNDING FOR FAMILIES AND	98608
CHILDREN	98609

In collaboration with the County Family and Children First	98610
Council, a city, local, or exempted village school district,	98611
community school, STEM school, joint vocational school district,	98612
educational service center, or county board of developmental	98613
disabilities that receives allocations from the Department of	98614
Education from appropriation item 200550, Foundation Funding, or	98615
appropriation item 200540, Special Education Enhancements, may	98616
transfer portions of those allocations to a flexible funding pool	98617
authorized by the Section of this act entitled "FAMILY AND	98618
CHILDREN FIRST FLEXIBLE FUNDING POOL." Allocations used for	98619
maintenance of effort or for federal or state funding matching	98620
requirements shall not be transferred unless the allocation may	98621
still be used to meet such requirements.	98622

Section 267.50.90. EDUCATIONAL SHARED SERVICES MODEL

98623

The Governor's Director of 21st Century Education shall	98624
develop a plan for the integration and consolidation of the	98625
publicly supported regional shared services organizations serving	98626
Ohio's public and chartered nonpublic schools, including	98627
recommendations for implementation of the plan beginning July 1,	98628
2012.	98629

In preparing the plan, the Director shall recommend	98630
educational support organizations to be considered for integration	98631
into the educational service center system. The organizations to	98632
be considered for integration shall include, but shall not be	98633
limited to, education technology centers, information technology	98634
centers, area media centers, Ohio's statewide system of support,	98635
the education regional service system, regional advisory boards,	98636
and regional staff from the Department of Education providing	98637
direct support to school districts.	98638

In preparing the recommendations, the Director shall include	98639
an examination of services offered to public and chartered	98640
nonpublic schools and recommendations for integration of services	98641
into a shared services model. Services to be considered shall	98642
include, but shall not be limited to, general instruction, special	98643
education, gifted education, academic leadership, technology,	98644
fiscal management, transportation, food services, human resources,	98645
employee benefits, pooled purchasing, professional development,	98646
and noninstructional support.	98647

Not later than October 15, 2011, the Director shall conduct a	98648
shared services survey of Ohio's school districts, community	98649
schools, STEM schools, chartered nonpublic schools, joint	98650
vocational school districts, and other educational service	98651
providers and local political subdivisions to gather baseline data	98652
on the current status of shared services and to determine where	98653
opportunities for additional shared services exist.	98654

Not later than January 1, 2012, the Director shall submit to	98655
the Governor and the General Assembly, in accordance with section	98656
101.68 of the Revised Code, legislative recommendations for	98657
implementation of the plan.	98658

Section 267.60.10. If there are unencumbered moneys remaining	98659
on July 1, 2011, in a school district's textbook and instructional	98660
materials fund, as required by former section 3315.17 of the	98661
Revised Code, the district board of education may transfer those	98662
moneys to the district's general fund and may use such moneys for	98663
any purpose authorized for general fund moneys.	98664

Section 269.10. ELC OHIO ELECTIONS COMMISSION

98665

General Revenue Fund	98666

GRF	051321		Operating Expenses		$	333,117		$	333,117		98667
TOTAL GRF General Revenue Fund					$	333,117		$	333,117		98668

General Services Fund Group	98669

4P20	051601	Ohio Elections Commission Fund	$	225,000	$	225,000	98670
TOTAL GSF General Services Fund Group			$	225,000	$	225,000	98671
TOTAL ALL BUDGET FUND GROUPS			$	558,117	$	558,117	98672

Section 271.10. FUN STATE BOARD OF EMBALMERS AND FUNERAL	98674
DIRECTORS	98675

General Services Fund Group	98676

4K90	881609	Operating Expenses	$	561,494	$	551,958	98677
TOTAL GSF General Services							98678
Fund Group			$	561,494	$	551,958	98679
TOTAL ALL BUDGET FUND GROUPS			$	561,494	$	551,958	98680

Section 273.10. PAY EMPLOYEE BENEFITS FUNDS

98682

Accrued Leave Liability Fund Group	98683

8060	995666	Accrued Leave Fund	$	72,053,178	$	71,828,986	98684
8070	995667	Disability Fund	$	27,616,583	$	26,593,747	98685
TOTAL ALF Accrued Leave Liability							98686
Fund Group			$	99,669,761	$	98,422,733	98687

Agency Fund Group	98688

1240	995673	Payroll Deductions	$	855,456,678		$	840,248,559	98689
8080	995668	State Employee Health Benefit Fund	$	590,265,468		$	649,292,014	98690
8090	995669	Dependent Care Spending Account	$	2,881,273		$	2,967,711	98691
8100	995670	Life Insurance Investment Fund	$	2,080,634		$	2,143,053	98692
8110	995671	Parental Leave Benefit Fund	$	3,484,737		$	3,355,673	98693
8130	995672	Health Care Spending Account	$	8,588,262		$	9,447,088	98694
8140	995674	Cost Savings Days	$	50,000,000		$	0	98695
TOTAL AGY Agency Fund Group			$	1,512,757,052		$	1,507,454,098	98696
					98697

TOTAL ALL BUDGET FUND GROUPS

1,612,426,813

1,605,876,831

98698

ACCRUED LEAVE LIABILITY FUND

98699

The foregoing appropriation item 995666, Accrued Leave Fund,	98700
shall be used to make payments from the Accrued Leave Liability	98701
Fund (Fund 8060) pursuant to section 125.211 of the Revised Code.	98702
If it is determined by the Director of Budget and Management that	98703
additional amounts are necessary, the amounts are hereby	98704
appropriated.	98705

STATE EMPLOYEE DISABILITY LEAVE BENEFIT FUND

98706

The foregoing appropriation item 995667, Disability Fund,	98707
shall be used to make payments from the State Employee Disability	98708
Leave Benefit Fund (Fund 8070) pursuant to section 124.83 of the	98709
Revised Code. If it is determined by the Director of Budget and	98710
Management that additional amounts are necessary, the amounts are	98711
hereby appropriated.	98712

PAYROLL WITHHOLDING FUND

98713

The foregoing appropriation item 995673, Payroll Deductions,	98714
shall be used to make payments from the Payroll Withholding Fund	98715
(Fund 1240). If it is determined by the Director of Budget and	98716
Management that additional appropriation amounts are necessary,	98717
the amounts are hereby appropriated.	98718

STATE EMPLOYEE HEALTH BENEFIT FUND

98719

The foregoing appropriation item 995668, State Employee	98720
Health Benefit Fund, shall be used to make payments from the State	98721
Employee Health Benefit Fund (Fund 8080) pursuant to section	98722
124.87 of the Revised Code. If it is determined by the Director of	98723
Budget and Management that additional amounts are necessary, the	98724
amounts are hereby appropriated.	98725

DEPENDENT CARE SPENDING FUND

98726

The foregoing appropriation item 995669, Dependent Care	98727
Spending Account, shall be used to make payments from the	98728
Dependent Care Spending Fund (Fund 8090) to employees eligible for	98729
dependent care expenses. If it is determined by the Director of	98730
Budget and Management that additional amounts are necessary, the	98731
amounts are hereby appropriated.	98732

LIFE INSURANCE INVESTMENT FUND

98733

The foregoing appropriation item 995670, Life Insurance	98734
Investment Fund, shall be used to make payments from the Life	98735
Insurance Investment Fund (Fund 8100) for the costs and expenses	98736
of the state's life insurance benefit program pursuant to section	98737
125.212 of the Revised Code. If it is determined by the Director	98738
of Budget and Management that additional amounts are necessary,	98739
the amounts are hereby appropriated.	98740

PARENTAL LEAVE BENEFIT FUND

98741

The foregoing appropriation item 995671, Parental Leave	98742
Benefit Fund, shall be used to make payments from the Parental	98743
Leave Benefit Fund (Fund 8110) to employees eligible for parental	98744
leave benefits pursuant to section 124.137 of the Revised Code. If	98745
it is determined by the Director of Budget and Management that	98746
additional amounts are necessary, the amounts are hereby	98747
appropriated.	98748

HEALTH CARE SPENDING ACCOUNT FUND

98749

The foregoing appropriation item 995672, Health Care Spending	98750
Account, shall be used to make payments from the Health Care	98751
Spending Account Fund (Fund 8130) for payments pursuant to state	98752
employees' participation in a flexible spending account for	98753
non-reimbursed health care expenses and section 124.821 of the	98754
Revised Code. If it is determined by the Director of	98755
Administrative Services that additional appropriation amounts are	98756
necessary, the Director of Administrative Services may request	98757
that the Director of Budget and Management increase such amounts.	98758
Such amounts are hereby appropriated.	98759

At the request of the Director of Administrative Services,	98760
the Director of Budget and Management may transfer up to $600,000	98761
annually from the General Revenue Fund to the Health Care Spending	98762
Account Fund during fiscal years 2012 and 2013. This cash shall be	98763
transferred as needed to provide adequate cash flow for the Health	98764
Care Spending Account Fund during fiscal year 2012 and fiscal year	98765
2013. If funds are available at the end of fiscal years 2012 and	98766
2013, the Director of Budget and Management shall transfer cash up	98767
to the amount previously transferred in the respective year, plus	98768
interest income, from the Health Care Spending Account (Fund 8130)	98769
to the General Revenue Fund.	98770

COST SAVINGS DAYS

98771

The foregoing appropriation item, 995674, Cost Savings Days,	98772
shall be used by the Director of Budget and Management in	98773
accordance with division (E) of section 124.392 of the Revised	98774
Code to pay employees who participated in a mandatory cost savings	98775
program, or to reimburse employees who did not fully participate	98776
in a mandatory cost savings program. Notwithstanding any provision	98777
of law to the contrary, in fiscal year 2012 and fiscal year 2013,	98778
the Director may transfer agency savings achieved from the use of	98779
a mandatory cost savings program to the General Revenue Fund or	98780
any other fund as deemed necessary by the Director. The Director	98781
may make temporary transfers from the General Revenue Fund to	98782
ensure sufficient balances in the Cost Savings Fund and may	98783
reimburse the General Revenue Fund for such transfers. If the	98784
Director determines that additional amounts are necessary for	98785
these purposes, the amounts are hereby appropriated.	98786

Section 273.20. CASH TRANSFER TO PAYROLL WITHHOLDING FUND

98787

The Director of Budget and Management may transfer $561,897	98788
in cash from the Health Care Spending Account Fund (Fund 8130) to	98789
the Payroll Withholding Fund (Fund 1240) to correct payments made	98790
from the Payroll Withholding Fund that should have been made from	98791
the Health Care Spending Account Fund.	98792

Section 275.10. ERB STATE EMPLOYMENT RELATIONS BOARD

98793

General Revenue Fund	98794

GRF	125321		Operating Expenses		$	3,758,869		$	3,761,457		98795
TOTAL GRF General Revenue Fund					$	3,758,869		$	3,761,457		98796

General Services Fund Group	98797

5720	125603	Training and Publications	$	87,075	$	87,075	98798
TOTAL GSF General Services							98799
Fund Group			$	87,075	$	87,075	98800
TOTAL ALL BUDGET FUND GROUPS			$	3,845,944	$	3,848,532	98801

Section 277.10. ENG STATE BOARD OF ENGINEERS AND SURVEYORS

98803

General Services Fund Group	98804

4K90	892609	Operating Expenses	$	934,264	$	921,778	98805
TOTAL GSF General Services							98806
Fund Group			$	934,264	$	921,778	98807
TOTAL ALL BUDGET FUND GROUPS			$	934,264	$	921,778	98808

Section 279.10. EPA ENVIRONMENTAL PROTECTION AGENCY

98810

General Services Fund Group	98811

1990	715602	Laboratory Services	$	402,295	$	408,560	98812
2190	715604	Central Support Indirect	$	8,594,348	$	8,555,680	98813
4A10	715640	Operating Expenses	$	2,304,267	$	2,093,039	98814
TOTAL GSF General Services							98815
Fund Group			$	11,300,910	$	11,057,279	98816

Federal Special Revenue Fund Group	98817

3530	715612	Public Water Supply	$	2,941,282	$	2,941,282	98818
3540	715614	Hazardous Waste Management - Federal	$	4,193,000	$	4,193,000	98819
3570	715619	Air Pollution Control - Federal	$	6,310,203	$	6,310,203	98820
3620	715605	Underground Injection Control - Federal	$	111,874	$	111,874	98821
3BU0	715684	Water Quality Protection	$	8,100,000	$	6,785,000	98822
3CS0	715688	Federal NRD Settlements	$	100,000	$	100,000	98823
3F20	715630	Revolving Loan Fund - Operating	$	907,543	$	907,543	98824
3F30	715632	Federally Supported Cleanup and Response	$	3,344,746	$	3,290,405	98825
3F50	715641	Nonpoint Source Pollution Management	$	6,265,000	$	6,260,000	98826
3T30	715669	Drinking Water State Revolving Fund	$	2,273,323	$	2,273,323	98827
3V70	715606	Agencywide Grants	$	600,000	$	600,000	98828
TOTAL FED Federal Special Revenue							98829
Fund Group			$	35,146,971	$	33,772,630	98830

State Special Revenue Fund Group	98831

4J00	715638	Underground Injection Control	$	445,234	$	445,571	98832
4K20	715648	Clean Air - Non Title V	$	3,152,306	$	2,906,267	98833
4K30	715649	Solid Waste	$	16,742,551	$	16,414,654	98834
4K40	715650	Surface Water Protection	$	7,642,625	$	6,672,246	98835
4K40	715686	Environmental Lab Service	$	2,096,007	$	2,096,007	98836
4K50	715651	Drinking Water Protection	$	7,410,118	$	7,405,428	98837
4P50	715654	Cozart Landfill	$	100,000	$	100,000	98838
4R50	715656	Scrap Tire Management	$	1,368,610	$	1,376,742	98839
4R90	715658	Voluntary Action Program	$	999,503	$	997,425	98840
4T30	715659	Clean Air - Title V Permit Program	$	16,349,471	$	16,241,822	98841
4U70	715660	Construction and Demolition Debris	$	425,913	$	433,591	98842
5000	715608	Immediate Removal Special Account	$	633,832	$	634,033	98843
5030	715621	Hazardous Waste Facility Management	$	10,241,107	$	9,789,620	98844
5050	715623	Hazardous Waste Cleanup	$	12,511,234	$	12,331,272	98845
5050	715674	Clean Ohio Environmental Review	$	108,104	$	108,104	98846
5410	715670	Site Specific Cleanup	$	2,048,101	$	2,048,101	98847
5420	715671	Risk Management Reporting	$	132,636	$	132,636	98848
5920	715627	Anti Tampering Settlement	$	2,285	$	2,285	98849
5BC0	715617	Clean Ohio	$	611,455	$	611,455	98850
5BC0	715622	Local Air Pollution Control	$	2,297,980	$	2,297,980	98851
5BC0	715624	Surface Water	$	8,970,181	$	9,114,974	98852
5BC0	715672	Air Pollution Control	$	4,438,629	$	4,534,758	98853
5BC0	715673	Drinking and Ground Water	$	4,317,527	$	4,323,521	98854
5BC0	715675	Hazardous Waste	$	95,266	$	95,266	98855
5BC0	715676	Assistance and Prevention	$	640,179	$	645,069	98856
5BC0	715677	Laboratory	$	939,717	$	958,586	98857
5BC0	715678	Corrective Actions	$	31,765	$	105,423	98858
5BC0	715687	Areawide Planning Agencies	$	450,000	$	450,000	98859
5BC0	715692	Administration	$	8,562,476	$	8,212,627	98860
5BT0	715679	C&DD Groundwater Monitoring	$	203,800	$	203,800	98861
5BY0	715681	Auto Emissions Test	$	13,029,952	$	13,242,762	98862
5CD0	715682	Clean Diesel School Buses	$	600,000	$	600,000	98863
5H40	715664	Groundwater Support	$	77,508	$	78,212	98864
5N20	715613	Dredge and Fill	$	29,250	$	29,250	98865
5Y30	715685	Surface Water Improvement	$	2,800,000	$	2,800,000	98866
6440	715631	ER Radiological Safety	$	279,838	$	279,966	98867
6600	715629	Infectious Waste Management	$	91,573	$	88,764	98868
6760	715642	Water Pollution Control Loan Administration	$	4,317,376	$	4,321,605	98869
6780	715635	Air Toxic Release	$	138,669	$	138,669	98870
6790	715636	Emergency Planning	$	2,623,192	$	2,623,252	98871
6960	715643	Air Pollution Control Administration	$	1,480,651	$	1,480,812	98872
6990	715644	Water Pollution Control Administration	$	220,000	$	220,000	98873
6A10	715645	Environmental Education	$	1,488,260	$	1,488,718	98874
TOTAL SSR State Special Revenue Fund Group			$	141,144,881	$	139,081,273	98875

Clean Ohio Conservation Fund Group	98876

5S10	715607	Clean Ohio - Operating	$	284,083	$	284,124	98877
TOTAL CLF Clean Ohio Conservation Fund Group			$	284,083	$	284,124	98878
TOTAL ALL BUDGET FUND GROUPS			$	187,876,845	$	184,195,306	98879

AUTOMOBILE EMISSIONS TESTING PROGRAM OPERATION AND OVERSIGHT

98880

On July 1 of each fiscal year, or as soon as possible	98881
thereafter, the Director of Budget and Management may transfer up	98882
to $13,029,952 in cash in fiscal year 2012, and up to $13,242,762	98883
in cash in fiscal year 2013 from the General Revenue Fund to the	98884
Auto Emissions Test Fund (Fund 5BY0) for the operation and	98885
oversight of the auto emissions testing program.	98886

AREAWIDE PLANNING AGENCIES

98887

The Director of Environmental Protection Agency may award	98888
grants from appropriation item 715687, Areawide Planning Agencies,	98889
to areawide planning agencies engaged in areawide water quality	98890
management and planning activities in accordance with Section 208	98891
of the "Federal Clean Water Act," 33 U.S.C. 1288.	98892

CORRECTIVE CASH TRANSFERS

98893

On July 1, 2011, or as soon as possible thereafter, the	98894
Director of Budget and Management shall transfer $376,891.85 in	98895
cash that was mistakenly deposited in the Clean Air Non Title V	98896
Fund (Fund 4K20) to the Clean Air Title V Permit Fund (Fund 4T30).	98897

On July 1, 2011, or as soon as possible thereafter, the	98898
Director of Budget and Management shall transfer $133,026.63 in	98899
cash that was mistakenly deposited in the Scrap Tire Management	98900
Fund (Fund 4R50) to the Site Specific Cleanup Fund (Fund 5410).	98901

Section 281.10. EBR ENVIRONMENTAL REVIEW APPEALS COMMISSION

98902

General Revenue Fund	98903

GRF	172321	Operating Expenses	$	545,530	$	545,530	98904
TOTAL GRF General Revenue Fund			$	545,530	$	545,530	98905
TOTAL ALL BUDGET FUND GROUPS			$	545,530	$	545,530	98906

Section 283.10. ETC ETECH OHIO

98908

General Revenue Fund	98909

GRF	935401	Statehouse News Bureau	$	215,561	$	215,561	98910
GRF	935402	Ohio Government Telecommunications Services	$	702,089	$	702,089	98911
GRF	935408	General Operations	$	1,251,789	$	1,254,193	98912
GRF	935409	Technology Operations	$	2,092,432	$	2,091,823	98913
GRF	935410	Content Development, Acquisition, and Distribution	$	2,607,094	$	2,607,094	98914
GRF	935411	Technology Integration and Professional Development	$	4,251,185	$	4,252,671	98915
GRF	935412	Information Technology	$	829,340	$	829,963	98916
TOTAL GRF General Revenue Fund			$	11,949,490	$	11,953,394	98917

General Services Fund Group	98918

4F30	935603	Affiliate Services	$	50,000	$	50,000	98919
4T20	935605	Government Television/Telecommunications Operating	$	25,000	$	25,000	98920
TOTAL GSF General Services Fund Group			$	75,000	$	75,000	98921

State Special Revenue Fund Group	98922

4W90	935630	Telecommunity	$	25,000	$	25,000	98923
4X10	935634	Distance Learning	$	24,150	$	24,150	98924
5D40	935640	Conference/Special Purposes	$	2,812,039	$	2,813,539	98925
5FK0	935608	Media Services	$	637,601	$	637,956	98926
5JU0	935611	Information Technology Services	$	1,455,000	$	1,455,000	98927
5T30	935607	Gates Foundation Grants	$	200,000	$	171,112	98928
TOTAL SSR State Special Revenue Fund Group			$	5,153,790	$	5,126,757	98929
TOTAL ALL BUDGET FUND GROUPS			$	17,178,280	$	17,155,151	98930

Section 283.20. STATEHOUSE NEWS BUREAU

98932

The foregoing appropriation item 935401, Statehouse News	98933
Bureau, shall be used solely to support the operations of the Ohio	98934
Statehouse News Bureau.	98935

OHIO GOVERNMENT TELECOMMUNICATIONS SERVICES

98936

The foregoing appropriation item 935402, Ohio Government	98937
Telecommunications Services, shall be used solely to support the	98938
operations of Ohio Government Telecommunications Services which	98939
include providing multimedia support to the state government and	98940
its affiliated organizations and broadcasting the activities of	98941
the legislative, judicial, and executive branches of state	98942
government, among its other functions.	98943

TECHNOLOGY OPERATIONS

98944

The foregoing appropriation item 935409, Technology	98945
Operations, shall be used by eTech Ohio to pay expenses of eTech	98946
Ohio's network infrastructure, which includes the television and	98947
radio transmission infrastructure and infrastructure that shall	98948
link all public K-12 classrooms to each other and to the Internet,	98949
and provide access to voice, video, other communication services,	98950
and data educational resources for students and teachers. The	98951
foregoing appropriation item 935409, Technology Operations, may	98952
also be used to cover student costs for taking advanced placement	98953
courses and courses that the Chancellor of the Board of Regents	98954
has determined to be eligible for postsecondary credit through the	98955
Ohio Learns Gateway. To the extent that funds remain available for	98956
this purpose, public school students taking advanced placement or	98957
postsecondary courses through the OhioLearns Gateway shall be	98958
eligible to receive a fee waiver to cover the cost of	98959
participating in one course. The fee waivers shall be distributed	98960
until the funds appropriated to support the waivers have been	98961
exhausted.	98962

CONTENT DEVELOPMENT, ACQUISITION, AND DISTRIBUTION

98963

The foregoing appropriation item 935410, Content Development,	98964
Acquisition, and Distribution, shall be used for the development,	98965
acquisition, and distribution of information resources by public	98966
media and radio reading services and for educational use in the	98967
classroom and online.	98968

Of the foregoing appropriation item 935410, Content	98969
Development, Acquisition, and Distribution, up to $658,099 in each	98970
fiscal year shall be allocated equally among the 12 Ohio	98971
educational television stations and used with the advice and	98972
approval of eTech Ohio. Funds shall be used for the production of	98973
interactive instructional programming series with priority given	98974
to resources aligned with state academic content standards in	98975
consultation with the Ohio Department of Education and for	98976
teleconferences to support eTech Ohio. The programming shall be	98977
targeted to the needs of the poorest two hundred school districts	98978
as determined by the district's adjusted valuation per pupil as	98979
defined in former section 3317.0213 of the Revised Code as that	98980
section existed prior to June 30, 2005.	98981

Of the foregoing appropriation item 935410, Content	98982
Development, Acquisition, and Distribution, up to $1,749,283 in	98983
each fiscal year shall be distributed by eTech Ohio to Ohio's	98984
qualified public educational television stations and educational	98985
radio stations to support their operations. The funds shall be	98986
distributed pursuant to an allocation formula used by the Ohio	98987
Educational Telecommunications Network Commission unless a	98988
substitute formula is developed by eTech Ohio in consultation with	98989
Ohio's qualified public educational television stations and	98990
educational radio stations.	98991

Of the foregoing appropriation item 935410, Content	98992
Development, Acquisition, and Distribution, up to $199,712 in each	98993
fiscal year shall be distributed by eTech Ohio to Ohio's qualified	98994
radio reading services to support their operations. The funds	98995
shall be distributed pursuant to an allocation formula used by the	98996
Ohio Educational Telecommunications Network Commission unless a	98997
substitute formula is developed by eTech Ohio in consultation with	98998
Ohio's qualified radio reading services.	98999

Section 283.30. TECHNOLOGY INTEGRATION AND PROFESSIONAL	99000
DEVELOPMENT	99001

The foregoing appropriation item 935411, Technology	99002
Integration and Professional Development, shall be used by eTech	99003
Ohio for the provision of staff development, hardware, software,	99004
telecommunications services, and information resources to support	99005
educational uses of technology in the classroom and at a distance	99006
and for professional development for teachers, administrators, and	99007
technology staff on the use of educational technology in	99008
qualifying public schools, including the State School for the	99009
Blind, the State School for the Deaf, and the Department of Youth	99010
Services.	99011

Of the foregoing appropriation item 935411, Technology	99012
Integration and Professional Development, up to $1,691,701 in each	99013
fiscal year shall be used by eTech Ohio to contract with	99014
educational television to provide Ohio public schools with	99015
instructional resources and services with priority given to	99016
resources and services aligned with state academic content	99017
standards and such resources and services shall be based upon the	99018
advice and approval of eTech Ohio, based on a formula used by the	99019
Ohio SchoolNet Commission unless and until a substitute formula is	99020
developed by eTech Ohio in consultation with Ohio's educational	99021
technology agencies and noncommercial educational television	99022
stations.	99023

Section 283.40. TELECOMMUNITY

99024

The foregoing appropriation item 935630, Telecommunity, shall	99025
be distributed by eTech Ohio on a grant basis to eligible school	99026
districts to establish "distance learning" through interactive	99027
video technologies in the school district. Per agreements with	99028
eight Ohio local telephone companies, ALLTEL Ohio, CENTURY	99029
Telephone of Ohio, Chillicothe Telephone Company, Cincinnati Bell	99030
Telephone Company, Orwell Telephone Company, Sprint North Central	99031
Telephone, VERIZON, and Western Reserve Telephone Company, school	99032
districts are eligible for funds if they are within one of the	99033
listed telephone company service areas. Funds to administer the	99034
program shall be expended by eTech Ohio up to the amount specified	99035
in the agreements with the listed telephone companies.	99036

Within thirty days after the effective date of this section,	99037
the Director of Budget and Management shall transfer to Fund 4W90	99038
in the State Special Revenue Fund Group any investment earnings	99039
from moneys paid by any telephone company as part of any	99040
settlement agreement between the listed companies and the Public	99041
Utilities Commission in fiscal years 1996 and beyond.	99042

DISTANCE LEARNING

99043

The foregoing appropriation item 935634, Distance Learning,	99044
shall be distributed by eTech Ohio on a grant basis to eligible	99045
school districts to establish "distance learning" in the school	99046
district. Per an agreement with Ameritech, school districts are	99047
eligible for funds if they are within an Ameritech service area.	99048
Funds to administer the program shall be expended by eTech Ohio up	99049
to the amount specified in the agreement with Ameritech.	99050

Within thirty days after the effective date of this section,	99051
the Director of Budget and Management shall transfer to Fund 4X10	99052
in the State Special Revenue Fund Group any investment earnings	99053
from moneys paid by any telephone company as part of a settlement	99054
agreement between the company and the Public Utilities Commission	99055
in fiscal year 1995.	99056

GATES FOUNDATION GRANTS

99057

The foregoing appropriation item 935607, Gates Foundation	99058
Grants, shall be used by eTech Ohio to provide professional	99059
development to school district principals, superintendents, and	99060
other administrative staff on the use of education technology.	99061

Section 285.10. ETH OHIO ETHICS COMMISSION

99062

General Revenue Fund	99063

GRF	146321		Operating Expenses		$	1,409,751		$	1,409,751		99064
TOTAL GRF General Revenue Fund					$	1,409,751		$	1,409,751		99065

General Services Fund Group	99066

4M60	146601	Operating Expenses	$	827,393	$	827,393	99067
TOTAL GSF General Services							99068
Fund Group			$	827,393	$	827,393	99069
TOTAL ALL BUDGET FUND GROUPS			$	2,237,144	$	2,237,144	99070

ETHICS COMMISSION CASINO-RELATED ACTIVITIES

99071

On July 1, 2011, or as soon as possible thereafter, an amount	99072
equal to the unexpended and unencumbered balance of appropriation	99073
item 146602, Casino Investigations, at the end of fiscal year 2011	99074
is hereby reappropriated to the same appropriation item for fiscal	99075
year 2012, to be used for the performance of the Ohio Ethics	99076
Commission's casino-related duties.	99077

Section 287.10. EXP OHIO EXPOSITIONS COMMISSION

99078

General Revenue Fund	99079

GRF	723403		Junior Fair Subsidy		$	50,000		$	50,000		99080
TOTAL GRF General Revenue Fund					$	50,000		$	50,000		99081

State Special Revenue Fund Group	99082

4N20	723602	Ohio State Fair Harness Racing	$	400,000	$	400,000	99083
5060	723601	Operating Expenses	$	12,991,000	$	12,894,000	99084
TOTAL SSR State Special Revenue							99085
Fund Group			$	13,391,000	$	13,294,000	99086
TOTAL ALL BUDGET FUND GROUPS			$	13,441,000	$	13,344,000	99087

STATE FAIR RESERVE

99088

The General Manager of the Expositions Commission may submit	99089
a request to the Controlling Board to use available amounts in the	99090
State Fair Reserve Fund (Fund 6400) if the following conditions	99091
apply:	99092

(A) Admissions receipts for the 2011 or 2012 Ohio State Fair	99093
are less than $1,982,000 because of inclement weather or	99094
extraordinary circumstances;	99095

(B) The Ohio Expositions Commission declares a state of	99096
fiscal exigency; and	99097

(C) The request contains a plan describing how the	99098
Expositions Commission will eliminate the cash shortage causing	99099
the request.	99100

The amount approved by the Controlling Board is hereby	99101
appropriated.	99102

Section 289.10. GOV OFFICE OF THE GOVERNOR

99103

General Revenue Fund	99104

GRF	040321		Operating Expenses		$	2,679,886		$	2,682,632		99105
TOTAL GRF General Revenue Fund					$	2,679,886		$	2,682,632		99106

General Services Fund Group	99107

5AK0	040607		Government Relations		$	365,149		$	365,149		99108
TOTAL GSF General Services Fund Group					$	365,149		$	365,149		99109

TOTAL ALL BUDGET FUND GROUPS

3,045,035

3,047,781

99110

GOVERNMENT RELATIONS

99111

A portion of the foregoing appropriation item 040607,	99112
Government Relations, may be used to support Ohio's membership in	99113
national or regional associations.	99114

The Office of the Governor may charge any state agency of the	99115
executive branch using an intrastate transfer voucher such amounts	99116
necessary to defray the costs incurred for the conduct of	99117
governmental relations associated with issues that can be	99118
attributed to the agency. Amounts collected shall be deposited in	99119
the Government Relations Fund (Fund 5AK0).	99120

Section 291.10. DOH DEPARTMENT OF HEALTH

99121

General Revenue Fund	99122

GRF	440412	Cancer Incidence Surveillance System	$	600,000	$	600,000	99123
GRF	440413	Local Health Department Support	$	2,302,788	$	2,303,061	99124
GRF	440416	Mothers and Children Safety Net Services	$	4,227,842	$	4,228,015	99125
GRF	440418	Immunizations	$	6,430,538	$	6,430,829	99126
GRF	440431	Free Clinics Safety Net Services	$	387,326	$	387,326	99127
GRF	440438	Breast and Cervical Cancer Screening	$	708,539	$	708,539	99128
GRF	440444	AIDS Prevention and Treatment	$	5,342,315	$	5,342,315	99129
GRF	440451	Public Health Laboratory	$	3,654,348	$	3,655,449	99130
GRF	440452	Child and Family Health Services Match	$	630,390	$	630,444	99131
GRF	440453	Health Care Quality Assurance	$	8,170,694	$	8,174,361	99132
GRF	440454	Local Environmental Health	$	1,135,141	$	1,135,362	99133
GRF	440459	Help Me Grow	$	32,173,987	$	32,173,987	99134
GRF	440465	Federally Qualified Health Centers	$	458,688	$	2,686,688	99135
GRF	440467	Access to Dental Care	$	540,484	$	540,484	99136
GRF	440468	Chronic Disease and Injury Prevention	$	2,577,251	$	2,577,251	99137
GRF	440472	Alcohol Testing	$	500,000	$	1,000,000	99138
GRF	440505	Medically Handicapped Children	$	7,512,451	$	7,512,451	99139
GRF	440507	Targeted Health Care Services Over 21	$	1,045,414	$	1,045,414	99140
TOTAL GRF General Revenue Fund			$	78,398,196	$	81,131,976	99141

State Highway Safety Fund Group	99142

4T40	440603	Child Highway Safety	$	233,894	$	233,894	99143
TOTAL HSF State Highway Safety							99144
Fund Group			$	233,894	$	233,894	99145

General Services Fund Group	99146

1420	440646	Agency Health Services	$	8,825,788	$	8,826,146	99147
2110	440613	Central Support Indirect Costs	$	31,052,756	$	30,720,419	99148
4730	440622	Lab Operating Expenses	$	5,599,538	$	5,600,598	99149
5HB0	440470	Breast and Cervical Cancer Screening	$	1,000,000	$	0	99150
6830	440633	Employee Assistance Program	$	1,259,475	$	1,241,147	99151
6980	440634	Nurse Aide Training	$	99,239	$	99,265	99152
TOTAL GSF General Services							99153
Fund Group			$	47,836,796	$	46,487,575	99154

Federal Special Revenue Fund Group	99155

3200	440601	Maternal Child Health Block Grant	$	27,068,886	$	27,068,886	99156
3870	440602	Preventive Health Block Grant	$	7,826,659	$	7,826,659	99157
3890	440604	Women, Infants, and Children	$	308,672,689	$	308,672,689	99158
3910	440606	Medicaid/Medicare	$	29,625,467	$	29,257,457	99159
3920	440618	Federal Public Health Programs	$	137,976,988	$	137,976,988	99160
TOTAL FED Federal Special Revenue							99161
Fund Group			$	511,170,689	$	510,802,679	99162

State Special Revenue Fund Group	99163

4700	440647	Fee Supported Programs	$	24,503,065	$	24,513,973	99164
4710	440619	Certificate of Need	$	878,145	$	878,433	99165
4770	440627	Medically Handicapped Children Audit	$	3,692,704	$	3,692,703	99166
4D60	440608	Genetics Services	$	3,310,953	$	3,311,039	99167
4F90	440610	Sickle Cell Disease Control	$	1,032,754	$	1,032,824	99168
4G00	440636	Heirloom Birth Certificate	$	5,000	$	5,000	99169
4G00	440637	Birth Certificate Surcharge	$	5,000	$	5,000	99170
4L30	440609	Miscellaneous Expenses	$	3,333,164	$	3,333,164	99171
4P40	440628	Ohio Physician Loan Repayment	$	476,870	$	476,870	99172
4V60	440641	Save Our Sight	$	2,255,760	$	2,255,789	99173
5B50	440616	Quality, Monitoring, and Inspection	$	878,638	$	878,997	99174
5C00	440615	Alcohol Testing and Permit	$	551,018	$	0	99175
5CN0	440645	Choose Life	$	75,000	$	75,000	99176
5D60	440620	Second Chance Trust	$	1,151,815	$	1,151,902	99177
5ED0	440651	Smoke Free Indoor Air	$	190,452	$	190,452	99178
5G40	440639	Adoption Services	$	20,000	$	20,000	99179
5L10	440623	Nursing Facility Technical Assistance Program	$	687,500	$	687,528	99180
5Z70	440624	Ohio Dentist Loan Repayment	$	140,000	$	140,000	99181
6100	440626	Radiation Emergency Response	$	930,525	$	930,576	99182
6660	440607	Medically Handicapped Children - County Assessments	$	19,738,286	$	19,739,617	99183
TOTAL SSR State Special Revenue							99184
Fund Group			$	63,856,649	$	63,318,867	99185

Holding Account Redistribution Fund Group	99186

R014	440631	Vital Statistics	$	44,986	$	44,986	99187
R048	440625	Refunds, Grants Reconciliation, and Audit Settlements	$	20,000	$	20,000	99188
TOTAL 090 Holding Account							99189
Redistribution Fund Group			$	64,986	$	64,986	99190

Tobacco Master Settlement Agreement Fund Group	99191

5BX0	440656	Tobacco Use Prevention	$	1,000,000	$	0	99192
TOTAL TSF Tobacco Master Settlement Agreement Fund Group			$	1,000,000	$	0	99193
TOTAL ALL BUDGET FUND GROUPS			$	702,561,210	$	702,039,977	99194

Section 291.20. HIV/AIDS PREVENTION/TREATMENT

99196

The foregoing appropriation item 440444, AIDS Prevention and	99197
Treatment, shall be used to assist persons with HIV/AIDS in	99198
acquiring HIV-related medications and to administer educational	99199
prevention initiatives.	99200

PUBLIC HEALTH LABORATORY

99201

A portion of the foregoing appropriation item 440451, Public	99202
Health Laboratory, shall be used for coordination and management	99203
of prevention program operations and the purchase of drugs for	99204
sexually transmitted diseases.	99205

HELP ME GROW

99206

The foregoing appropriation item 440459, Help Me Grow, shall	99207
be used by the Department of Health to distribute subsidies to	99208
counties to implement the Help Me Grow Program. Appropriation item	99209
440459, Help Me Grow, may be used in conjunction with Early	99210
Intervention funding from the Department of Developmental	99211
Disabilities, and in conjunction with other early childhood funds	99212
and services to promote the optimal development of young children	99213
and family-centered programs and services that acknowledge and	99214
support the social, emotional, cognitive, intellectual, and	99215
physical development of children and the vital role of families in	99216
ensuring the well-being and success of children. The Department of	99217
Health shall enter into an interagency agreement with the	99218
Department of Education, Department of Developmental Disabilities,	99219
Department of Job and Family Services, and Department of Mental	99220
Health to ensure that all early childhood programs and initiatives	99221
are coordinated and school linked.	99222

Of the foregoing appropriation item 440459, Help Me Grow, if	99223
a county Family and Children First Council selects home-visiting	99224
programs, the home-visiting program shall only be eligible for	99225
funding if it serves pregnant women, or parents or other primary	99226
caregivers and the parent or other primary caregiver's child or	99227
children under three years of age, through quality programs of	99228
early childhood home visitation and if the home visitations are	99229
performed by nurses, social workers, child development specialists	99230
or other well-trained and competent staff, as demonstrated by	99231
education or training and the provision of ongoing specific	99232
training and supervision in the model of service being delivered.	99233
The home-visiting program also shall be required to have outcome	99234
and research standards that demonstrate ongoing positive outcomes	99235
for children, parents, and other primary caregivers that enhance	99236
child health and development, and conform to a clear consistent	99237
home visitation model that has been in existence for at least	99238
three years. The home visitation model shall be research-based;	99239
grounded in relevant, empirically based knowledge; linked to	99240
program-determined outcomes; associated with a national	99241
organization or institution of higher education that has	99242
comprehensive home visitation program standards that ensure high	99243
quality service delivery and continuous program improvement; and	99244
have demonstrated significant positive outcomes when evaluated	99245
using well-designed and rigorous randomized, controlled, or	99246
quasi-experimental research designs, and the evaluation results	99247
have been published in a peer-reviewed journal.	99248

The foregoing appropriation item 440459, Help Me Grow, may	99249
also be used for the Developmental Autism and Screening Program.	99250

FEDERALLY QUALIFIED HEALTH CENTERS

99251

For fiscal year 2012, any undisbursed funds previously	99252
provided under subsidy agreements between the Department of Health	99253
and the Ohio Association of Community Health Centers, or its	99254
predecessor organization, pursuant to section 183.18 of the	99255
Revised Code, shall be available to federally qualified health	99256
centers in the same manner as those funds in appropriation item	99257
440465, Federally Qualified Health Centers.	99258

TARGETED HEALTH CARE SERVICES OVER 21

99259

The foregoing appropriation item 440507, Targeted Health Care	99260
Services Over 21, shall be used to administer the Cystic Fibrosis	99261
Program and to implement the Hemophilia Insurance Premium Payment	99262
Program.	99263

The foregoing appropriation item 440507, Targeted Health Care	99264
Services Over 21, shall also be used to provide essential	99265
medications and to pay the copayments for drugs approved by the	99266
Department of Health and covered by Medicare Part D that are	99267
dispensed to Bureau for Children with Medical Handicaps (BCMH)	99268
participants for the Cystic Fibrosis Program.	99269

The Department shall expend all of these funds.

99270

GENETICS SERVICES

99271

The foregoing appropriation item 440608, Genetics Services	99272
(Fund 4D60), shall be used by the Department of Health to	99273
administer programs authorized by sections 3701.501 and 3701.502	99274
of the Revised Code. None of these funds shall be used to counsel	99275
or refer for abortion, except in the case of a medical emergency.	99276

MEDICALLY HANDICAPPED CHILDREN AUDIT

99277

The Medically Handicapped Children Audit Fund (Fund 4770)	99278
shall receive revenue from audits of hospitals and recoveries from	99279
third-party payers. Moneys may be expended for payment of audit	99280
settlements and for costs directly related to obtaining recoveries	99281
from third-party payers and for encouraging Medically Handicapped	99282
Children's Program recipients to apply for third-party benefits.	99283
Moneys also may be expended for payments for diagnostic and	99284
treatment services on behalf of medically handicapped children, as	99285
defined in division (A) of section 3701.022 of the Revised Code,	99286
and Ohio residents who are twenty-one or more years of age and who	99287
are suffering from cystic fibrosis or hemophilia. Moneys may also	99288
be expended for administrative expenses incurred in operating the	99289
Medically Handicapped Children's Program.	99290

CASH TRANSFER FROM LIQUOR CONTROL FUND TO ALCOHOL TESTING AND	99291
PERMIT FUND	99292

The Director of Budget and Management may transfer up to	99293
$551,018 in cash from the Liquor Control Fund (Fund 7043) to the	99294
Alcohol Testing and Permit Fund (Fund 5C00) in fiscal year 2012 to	99295
meet the operating needs of the Alcohol Testing and Permit	99296
Program.	99297

The Director of Budget and Management may transfer up to	99298
$551,018 in cash in fiscal year 2012 to the Alcohol Testing and	99299
Permit Fund (Fund 5C00) from the Liquor Control Fund (Fund 7043)	99300
created in section 4301.12 of the Revised Code determined by a	99301
transfer schedule set by the Department of Health.	99302

MEDICALLY HANDICAPPED CHILDREN - COUNTY ASSESSMENTS

99303

The foregoing appropriation item 440607, Medically	99304
Handicapped Children - County Assessments (Fund 6660), shall be	99305
used to make payments under division (E) of section 3701.023 of	99306
the Revised Code.	99307

NURSING FACILITY TECHNICAL ASSISTANCE PROGRAM

99308

On July 1, 2011, or as soon as possible thereafter, the	99309
Director of Budget and Management may transfer, cash from the	99310
Resident Protection Fund (Fund 4E30), which is used by the Ohio	99311
Department of Job and Family Services, to the Nursing Facility	99312
Technical Assistance Program Fund (Fund 5L10), which is used by	99313
the Ohio Department of Health, to be used under section 3721.026	99314
of the Revised Code. The transfers shall be up to $698,595 in each	99315
fiscal year of the biennium.	99316

Section 291.30. EARLY INTERVENTION WORKGROUP

99317

(A) The Department of Health shall convene a workgroup to	99318
develop recommendations for eligibility criteria for early	99319
intervention services to be provided pursuant to Part C of the	99320
"Individuals with Disability Education Act," 118 Stat. 2744	99321
(2004), 20 U.S.C. 1431 et seq. The recommendations shall be based	99322
on available funds and national data related to the identification	99323
of infants and toddlers who have developmental delays or are most	99324
at risk for developmental delays and, in either case, would	99325
benefit from early intervention services.	99326

(B) The workgroup shall be facilitated by the Department and	99327
shall be composed of all of the following members:	99328

(1) A representative from the Department of Developmental	99329
Disabilities;	99330

(2) A representative from the Department of Education;

99331

(3) A representative from the Department of Mental Health;

99332

(4) A representative from the Help Me Grow Advisory Council;

99333

(5) A parent member of the Help Me Grow Advisory Council;

99334

(6) A representative from the Ohio Family and Children First	99335
Cabinet Council;	99336

(7) A representative from the Ohio Family and Children First	99337
Association;	99338

(8) A county Help Me Grow project director;

99339

(9) A representative from the Ohio Council of Behavioral	99340
Health and Family Services Providers;	99341

(10) A representative from the Ohio Association for Infant	99342
Mental Health;	99343

(11) A representative from the Ohio Association of County	99344
Boards of Developmental Disabilities;	99345

(12) A representative from the Ohio Superintendents of County	99346
Boards of Developmental Disabilities;	99347

(13) A representative from the Ohio chapter of the American	99348
Academy of Pediatrics;	99349

(14) A public health nurse from a board of health of a city	99350
or general health district, or an authority having the duties of a	99351
board of health;	99352

(15) A representative from the Department of Job and Family	99353
Services.	99354

(C)(1) October 1, 2011, is the latest date by which the	99355
workgroup may submit to the Director of Health its recommendations	99356
for eligibility criteria for Part C early intervention services.	99357
If recommendations are submitted, the Director may accept the	99358
recommendations in whole or in part and implement eligibility	99359
criteria accordingly.	99360

(2) If the workgroup does not submit recommendations by	99361
October 1, 2011, the Director shall implement eligibility criteria	99362
for Part C early intervention services. The eligibility criteria	99363
shall be based on available funds and, at most, may include	99364
following:	99365

(a) Children who demonstrate a developmental delay at or	99366
exceeding 2.0 standard deviations below the mean in one or more	99367
areas of development on a norm-referenced tool approved by the	99368
Department;	99369

(b) Children who have a medical diagnosis that falls into one	99370
or more of the following categories: genetic disorders, sensory	99371
impairments, motor impairments, neurological disorders,	99372
significant neuro-developmental disorders, medically related	99373
disorders, or acquired trauma-related disorders;	99374

(c) Children who, based on informed clinical opinion, are not	99375
eligible under either of the categories specified in division	99376
(C)(2)(a) or (b) of this section, except that any such child may	99377
receive services pursuant to this category for not more than one	99378
hundred eighty days.	99379

(D) The workgroup shall cease to exist on October 1, 2011.

99380

Section 291.40. CERTIFICATE OF NEED FOR NEW NURSING HOME

99381

(A) As used in this section:

99382

"Nursing home" and "residential care facility" have the same	99383
meanings as in section 3721.01 of the Revised Code.	99384

"Population" means that shown by the 2000 regular federal	99385
census.	99386

(B) The Director of Health shall accept, for review under	99387
section 3702.52 of the Revised Code, a certificate of need	99388
application for the establishment, development, and construction	99389
of a new nursing home if all of the following conditions are met:	99390

(1) The application is submitted to the Director not later	99391
than one hundred eighty days after the effective date of this	99392
section.	99393

(2) The new nursing home is to be located in a county that	99394
has a population of at least thirty thousand persons and not more	99395
than forty-one thousand persons.	99396

(3) The new nursing home is to be located on a campus that	99397
has been in operation for at least twelve years and both of the	99398
following are also located on the campus on the effective date of	99399
this section:	99400

(a) At least one existing residential care facility with at	99401
least twenty-five residents;	99402

(b) At least one existing independent living dwelling for	99403
seniors with at least seventy-five residents.	99404

(4) The new nursing home is to have not more than thirty beds	99405
to which both of the following apply:	99406

(a) All of the beds are to be transferred from an existing	99407
nursing home in the state.	99408

(b) All of the beds are proposed to be licensed as nursing	99409
home beds under Chapter 3721. of the Revised Code.	99410

(C) In reviewing certificate of need applications accepted	99411
under this section, the Director shall neither deny an application	99412
on the grounds that the new nursing home is to have less than	99413
fifty beds nor require an applicant to obtain a waiver of the	99414
minimum fifty-bed requirement established by division (I) of rule	99415
3701-12-23 of the Administrative Code.	99416

Section 293.10. HEF HIGHER EDUCATIONAL FACILITY COMMISSION

99417

Agency Fund Group	99418

4610	372601	Operating Expenses	$	30,000	$	30,000	99419
TOTAL AGY Agency Fund Group			$	30,000	$	30,000	99420
TOTAL ALL BUDGET FUND GROUPS			$	30,000	$	30,000	99421

Section 295.10. SPA COMMISSION ON HISPANIC/LATINO AFFAIRS

99423

General Revenue Fund	99424

GRF	148100	Personal Services	$	230,000	$	230,000	99425
GRF	148200	Maintenance	$	50,000	$	50,000	99426
GRF	148402	Community Projects	$	37,005	$	44,922	99427
TOTAL GRF General Revenue Fund			$	317,005	$	324,922	99428

General Services Fund Group	99429

6010	148602	Gifts and Miscellaneous	$	4,558	$	4,558	99430
TOTAL GSF General Services							99431
Fund Group			$	4,558	$	4,558	99432
TOTAL ALL BUDGET FUND GROUPS			$	321,563	$	329,480	99433

Section 297.10. OHS OHIO HISTORICAL SOCIETY

99435

General Revenue Fund	99436

GRF	360501	Education and Collections	$	2,368,997	$	2,368,997	99437
GRF	360502	Site and Museum Operations	$	3,926,288	$	3,926,288	99438
GRF	360504	Ohio Preservation Office	$	290,000	$	290,000	99439
GRF	360505	National Afro-American Museum	$	414,798	$	414,798	99440
GRF	360506	Hayes Presidential Center	$	281,043	$	281,043	99441
GRF	360508	State Historical Grants	$	390,570	$	390,570	99442
GRF	360509	Outreach and Partnership	$	90,395	$	90,395	99443
TOTAL GRF General Revenue Fund			$	7,762,091	$	7,762,091	99444
TOTAL ALL BUDGET FUND GROUPS			$	7,762,091	$	7,762,091	99445

SUBSIDY APPROPRIATION

99446

Upon approval by the Director of Budget and Management, the	99447
foregoing appropriation items shall be released to the Ohio	99448
Historical Society in quarterly amounts that in total do not	99449
exceed the annual appropriations. The funds and fiscal records of	99450
the society for fiscal year 2012 and fiscal year 2013 shall be	99451
examined by independent certified public accountants approved by	99452
the Auditor of State, and a copy of the audited financial	99453
statements shall be filed with the Office of Budget and	99454
Management. The society shall prepare and submit to the Office of	99455
Budget and Management the following:	99456

(A) An estimated operating budget for each fiscal year of the	99457
biennium. The operating budget shall be submitted at or near the	99458
beginning of each calendar year.	99459

(B) Financial reports, indicating actual receipts and	99460
expenditures for the fiscal year to date. These reports shall be	99461
filed at least semiannually during the fiscal biennium.	99462

The foregoing appropriations shall be considered to be the	99463
contractual consideration provided by the state to support the	99464
state's offer to contract with the Ohio Historical Society under	99465
section 149.30 of the Revised Code.	99466

HAYES PRESIDENTIAL CENTER

99467

If a United States government agency, including, but not	99468
limited to, the National Park Service, chooses to take over the	99469
operations or maintenance of the Hayes Presidential Center, in	99470
whole or in part, the Ohio Historical Society shall make	99471
arrangements with the National Park Service or other United States	99472
government agency for the efficient transfer of operations or	99473
maintenance.	99474

Section 299.10. REP OHIO HOUSE OF REPRESENTATIVES

99475

General Revenue Fund	99476

GRF	025321		Operating Expenses		$	18,517,093		$	18,517,093		99477
TOTAL GRF General Revenue Fund					$	18,517,093		$	18,517,093		99478

General Services Fund Group	99479

1030	025601	House Reimbursement	$	1,433,664	$	1,433,664	99480
4A40	025602	Miscellaneous Sales	$	37,849	$	37,849	99481
TOTAL GSF General Services							99482
Fund Group			$	1,471,513	$	1,471,513	99483
TOTAL ALL BUDGET FUND GROUPS			$	19,988,606	$	19,988,606	99484

OPERATING EXPENSES

99485

On July 1, 2011, or as soon as possible thereafter, the Clerk	99486
of the House of Representatives may certify to the Director of	99487
Budget and Management the amount of the unexpended, unencumbered	99488
balance of the foregoing appropriation item 025321, Operating	99489
Expenses, at the end of fiscal year 2011 to be reappropriated to	99490
fiscal year 2012. The amount certified is hereby reappropriated to	99491
the same appropriation item for fiscal year 2012.	99492

On July 1, 2012, or as soon as possible thereafter, the Clerk	99493
of the House of Representatives may certify to the Director of	99494
Budget and Management the amount of the unexpended, unencumbered	99495
balance of the foregoing appropriation item 025321, Operating	99496
Expenses, at the end of fiscal year 2012 to be reappropriated to	99497
fiscal year 2013. The amount certified is hereby reappropriated to	99498
the same appropriation item for fiscal year 2013.	99499

Section 303.10. HFA OHIO HOUSING FINANCE AGENCY

99500

Agency Fund Group	99501

5AZ0	997601	Housing Finance Agency Personal Services	$	12,636,646	$	12,405,084	99502
TOTAL AGY Agency Fund Group			$	12,636,646	$	12,405,084	99503
TOTAL ALL BUDGET FUND GROUPS			$	12,636,646	$	12,405,084	99504

Section 305.10. IGO OFFICE OF THE INSPECTOR GENERAL

99506

General Revenue Fund	99507

GRF	965321		Operating Expenses		$	1,124,663		$	1,125,598		99508
TOTAL GRF General Revenue Fund					$	1,124,663		$	1,125,598		99509

General Services Fund Group	99510

5FA0	965603	Deputy Inspector General for ODOT	$	400,000	$	400,000	99511
5FT0	965604	Deputy Inspector General for BWC/OIC	$	425,000	$	425,000	99512
5GI0	965605	Deputy Inspector General for ARRA	$	520,837	$	521,535	99513
TOTAL GSF General Services Fund Group			$	1,345,837	$	1,346,535	99514
TOTAL ALL BUDGET FUND GROUPS			$	2,470,500	$	2,472,133	99515

IGO CASINO-RELATED ACTIVITIES

99516

On July 1, 2011, or as soon as possible thereafter, an amount	99517
equal to the unexpended, unencumbered balance of appropriation	99518
item 965609, Casino Investigations, at the end of fiscal year 2011	99519
is hereby reappropriated to the same appropriation item for fiscal	99520
year 2012, to be used for the performance of the Inspector	99521
General's casino-related duties.	99522

DEPUTY INSPECTOR GENERAL FOR FUNDS RECEIVED THROUGH THE	99523
AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009	99524

On July 1, 2011, and on January 1, 2012, or as soon as	99525
possible thereafter, the Director of Budget and Management shall	99526
transfer $225,000 in cash, for each period, from the General	99527
Revenue Fund to the Deputy Inspector General for Funds Received	99528
through the American Recovery and Reinvestment Act of 2009 Fund	99529
(Fund 5GI0), which is created in section 121.53 of the Revised	99530
Code.	99531

On July 1, 2012, and on January 1, 2013, or as soon as	99532
possible thereafter, the Director of Budget and Management shall	99533
transfer $225,000 in cash, for each period, from the General	99534
Revenue Fund to the Deputy Inspector General for Funds Received	99535
through the American Recovery and Reinvestment Act of 2009 Fund	99536
(Fund 5GI0).	99537

Section 307.10. INS DEPARTMENT OF INSURANCE

99538

Federal Special Revenue Fund Group	99539

3EV0	820610	Health Insurance Premium Review	$	1,000,000	$	1,000,000	99540
3EW0	820611	Health Exchange Planning	$	1,000,000	$	1,000,000	99541
3U50	820602	OSHIIP Operating Grant	$	2,270,726	$	2,270,725	99542
TOTAL FED Federal Special							99543
Revenue Fund Group			$	4,270,726	$	4,270,725	99544

State Special Revenue Fund Group	99545

5540	820601	Operating Expenses - OSHIIP	$	190,000	$	180,000	99546
5540	820606	Operating Expenses	$	22,745,538	$	22,288,550	99547
5550	820605	Examination	$	9,065,684	$	8,934,065	99548
TOTAL SSR State Special Revenue							99549
Fund Group			$	32,001,222	$	31,402,615	99550
TOTAL ALL BUDGET FUND GROUPS			$	36,271,948	$	35,673,340	99551

MARKET CONDUCT EXAMINATION

99552

When conducting a market conduct examination of any insurer	99553
doing business in this state, the Superintendent of Insurance may	99554
assess the costs of the examination against the insurer. The	99555
superintendent may enter into consent agreements to impose	99556
administrative assessments or fines for conduct discovered that	99557
may be violations of statutes or rules administered by the	99558
superintendent. All costs, assessments, or fines collected shall	99559
be deposited to the credit of the Department of Insurance	99560
Operating Fund (Fund 5540).	99561

EXAMINATIONS OF DOMESTIC FRATERNAL BENEFIT SOCIETIES

99562

The Director of Budget and Management, at the request of the	99563
Superintendent of Insurance, may transfer funds from the	99564
Department of Insurance Operating Fund (Fund 5540), established by	99565
section 3901.021 of the Revised Code, to the Superintendent's	99566
Examination Fund (Fund 5550), established by section 3901.071 of	99567
the Revised Code, only for expenses incurred in examining domestic	99568
fraternal benefit societies as required by section 3921.28 of the	99569
Revised Code.	99570

TRANSFER FROM FUND 5540 TO GENERAL REVENUE FUND

99571

Not later than the thirty-first day of July each fiscal year,	99572
the Director of Budget and Management shall transfer $5,000,000	99573
from the Department of Insurance Operating Fund (Fund 5540) to the	99574
General Revenue Fund.	99575

Section 309.10. JFS DEPARTMENT OF JOB AND FAMILY SERVICES

99576

General Revenue Fund	99577

GRF	600321	Support Services					99578
		State	$	34,801,760	$	31,932,117	99579
		Federal	$	9,322,222	$	9,207,441	99580
		Support Services Total	$	44,123,982	$	41,139,558	99581
GRF	600410	TANF State	$	161,298,234	$	161,298,234	99582
GRF	600413	Child Care Match/Maintenance of Effort	$	84,732,730	$	84,732,730	99583
GRF	600416	Computer Projects					99584
		State	$	67,955,340	$	69,263,506	99585
		Federal	$	13,105,167	$	12,937,222	99586
		Computer Projects Total	$	81,060,507	$	82,200,728	99587
GRF	600417	Medicaid Provider Audits	$	1,312,992	$	1,312,992	99588
GRF	600420	Child Support Administration	$	6,163,534	$	6,065,588	99589
GRF	600421	Office of Family Stability	$	3,768,929	$	3,757,493	99590
GRF	600423	Office of Children and Families	$	5,123,406	$	4,978,756	99591
GRF	600425	Office of Ohio Health Plans					99592
		State	$	13,149,582	$	15,740,987	99593
		Federal	$	12,556,921	$	12,286,234	99594
		Office of Ohio Health Plans Total	$	25,706,503	$	28,027,221	99595
GRF	600502	Administration - Local	$	16,814,103	$	16,814,103	99596
GRF	600511	Disability Financial Assistance	$	26,599,666	$	27,108,734	99597
GRF	600521	Entitlement Administration - Local	$	72,200,721	$	72,200,721	99598
GRF	600523	Children and Families Services	$	53,105,323	$	53,105,323	99599
GRF	600525	Health Care/Medicaid					99600
		State	$	4,294,495,337	$	4,680,752,933	99601
		Federal	$	7,501,402,180	$	8,420,642,075	99602
		Health Care Total	$	11,795,897,517	$	13,101,395,008	99603
GRF	600526	Medicare Part D	$	279,154,963	$	304,140,824	99604
GRF	600528	Adoption Services					99605
		State	$	26,346,632	$	26,346,632	99606
		Federal	$	36,996,469	$	36,996,469	99607
		Adoption Services Total	$	63,343,101	$	63,343,101	99608
GRF	600533	Child, Family, and Adult Community & Protective Services	$	13,500,000	$	13,500,000	99609
GRF	600534	Adult Protective Services	$	366,003	$	366,003	99610
GRF	600535	Early Care and Education	$	123,596,474	$	123,596,474	99611
GRF	600537	Children's Hospital	$	2,000,000	$	2,000,000	99612
GRF	600540	Second Harvest Food Banks	$	4,000,000	$	4,000,000	99613
GRF	600541	Kinship Permanency Incentive Program	$	2,500,000	$	3,500,000	99614
TOTAL GRF General Revenue Fund							99615
		State	$	5,292,985,729	$	5,706,514,150	99616
		Federal	$	7,573,382,959	$	8,492,069,441	99617
		GRF Total	$	12,866,368,688	$	14,198,583,591	99618

General Services Fund Group	99619

4A80	600658	Child Support Collections	$	34,000,000	$	34,000,000	99620
5C90	600671	Medicaid Program Support	$	85,800,878	$	82,839,266	99621
5DL0	600639	Medicaid Revenue and Collections	$	89,256,974	$	84,156,974	99622
5DM0	600633	Administration & Operating	$	20,392,173	$	19,858,928	99623
5FX0	600638	Medicaid Payment Withholding	$	26,000,000	$	26,000,000	99624
5HL0	600602	State and County Shared services	$	3,020,000	$	3,020,000	99625
5P50	600692	Prescription Drug Rebate - State	$	220,600,000	$	242,600,000	99626
6130	600645	Training Activities	$	500,000	$	500,000	99627
TOTAL GSF General Services							99628
Fund Group			$	479,570,025	$	492,975,168	99629

Federal Special Revenue Fund Group	99630

3270	600606	Child Welfare	$	29,769,865	$	29,769,866	99631
3310	600686	Federal Operating	$	49,128,140	$	48,203,023	99632
3840	600610	Food Assistance and State Administration	$	180,381,394	$	180,381,394	99633
3850	600614	Refugee Services	$	11,582,440	$	12,564,952	99634
3950	600616	Special Activities/Child and Family Services	$	2,259,264	$	2,259,264	99635
3960	600620	Social Services Block Grant	$	64,999,999	$	64,999,998	99636
3970	600626	Child Support	$	241,812,837	$	241,813,528	99637
3980	600627	Adoption Maintenance/ Administration	$	352,183,862	$	352,184,253	99638
3A20	600641	Emergency Food Distribution	$	5,000,000	$	5,000,000	99639
3AW0	600675	Faith Based Initiatives	$	544,140	$	544,140	99640
3D30	600648	Children's Trust Fund Federal	$	2,040,524	$	2,040,524	99641
3ER0	600603	Health Information Technology	$	411,661,286	$	416,395,286	99642
3F00	600623	Health Care Federal	$	2,637,061,505	$	2,720,724,869	99643
3F00	600650	Hospital Care Assurance Match	$	372,784,046	$	380,645,627	99644
3FA0	600680	Ohio Health Care Grants	$	9,405,000	$	20,000,000	99645
3G50	600655	Interagency Reimbursement	$	1,626,305,787	$	1,385,391,478	99646
3H70	600617	Child Care Federal	$	208,290,036	$	204,813,731	99647
3N00	600628	IV-E Foster Care Maintenance	$	133,963,142	$	133,963,142	99648
3S50	600622	Child Support Projects	$	534,050	$	534,050	99649
3V00	600688	Workforce Investment Act	$	176,496,250	$	172,805,562	99650
3V40	600678	Federal Unemployment Programs	$	188,680,096	$	186,723,415	99651
3V40	600679	Unemployment Compensation Review Commission - Federal	$	4,166,988	$	4,068,758	99652
3V60	600689	TANF Block Grant	$	727,968,260	$	727,968,260	99653
TOTAL FED Federal Special Revenue							99654
Fund Group			$	7,437,018,911	$	7,293,795,120	99655

State Special Revenue Fund Group	99656

1980	600647	Children's Trust Fund	$	5,873,637	$	5,873,848	99657
4A90	600607	Unemployment Compensation Administration Fund	$	21,924,998	$	21,424,998	99658
4A90	600694	Unemployment Compensation Review Commission	$	2,873,167	$	2,817,031	99659
4E30	600605	Nursing Home Assessments	$	2,878,320	$	2,878,319	99660
4E70	600604	Child and Family Services Collections	$	400,000	$	400,000	99661
4F10	600609	Foundation Grants/Child & Family Services	$	683,359	$	683,549	99662
4K10	600621	ICF/MR Bed Assessments	$	41,405,596	$	44,372,874	99663
4Z10	600625	HealthCare Compliance	$	25,000,000	$	25,000,000	99664
5AJ0	600631	Money Follows the Person	$	5,483,080	$	4,733,080	99665
5DB0	600637	Military Injury Grants	$	2,000,000	$	2,000,000	99666
5DP0	600634	Adoption Assistance Loan	$	500,000	$	500,000	99667
5ES0	600630	Food Assistance	$	500,000	$	500,000	99668
5GF0	600656	Medicaid - Hospital	$	436,000,000	$	436,000,000	99669
5KC0	600682	Health Care Special Activities	$	10,000,000	$	10,000,000	99670
5R20	600608	Medicaid-Nursing Facilities	$	402,489,308	$	407,100,746	99671
5S30	600629	MR/DD Medicaid Administration and Oversight	$	9,252,738	$	9,147,791	99672
5U30	600654	Health Care Services Administration	$	24,902,307	$	25,439,266	99673
5U60	600663	Children and Family Support	$	4,719,468	$	4,719,468	99674
6510	600649	Hospital Care Assurance Program Fund	$	212,526,123	$	217,008,050	99675
TOTAL SSR State Special Revenue							99676
Fund Group			$	1,209,412,101	$	1,220,599,020	99677

Agency Fund Group	99678

1920	600646	Support Intercept - Federal	$	130,000,000	$	130,000,000	99679
5830	600642	Support Intercept - State	$	16,000,000	$	16,000,000	99680
5B60	600601	Food Assistance Intercept	$	2,000,000	$	2,000,000	99681
TOTAL AGY Agency Fund Group			$	148,000,000	$	148,000,000	99682

Holding Account Redistribution Fund Group	99683

R012	600643	Refunds and Audit Settlements	$	2,200,000	$	2,200,000	99684
R013	600644	Forgery Collections	$	10,000	$	10,000	99685
TOTAL 090 Holding Account Redistribution Fund Group			$	2,210,000	$	2,210,000	99686
TOTAL ALL BUDGET FUND GROUPS			$	22,142,579,725	$	23,356,162,899	99687

Section 309.20. SUPPORT SERVICES

99689

Section 309.20.10. ADMINISTRATION AND OPERATING

99690

On July 1, 2011, or as soon as possible thereafter, the	99691
Director of Budget and Management may transfer up to $535,300 cash	99692
from the TANF Quality Control Reinvestments Fund (Fund 5Z90) to	99693
the Administration and Operating Fund (Fund 5DM0). Upon completion	99694
of the transfer, Fund 5Z90 is abolished.	99695

Of the foregoing appropriation item 600633, Administration	99696
and Operating, the Department of Job and Family Services shall use	99697
up to $535,300 to pay for one-time contract expenses.	99698

Section 309.20.20. TRANSFER TO STATE AND COUNTY SHARED	99699
SERVICES FUND	99700

Within thirty days of the effective date of this act, or as	99701
soon as possible thereafter, the Director of Budget and Management	99702
shall transfer the unencumbered cash balance in the County	99703
Technologies Fund (Fund 5N10) to the State and County Shared	99704
Services Fund (Fund 5HL0). The transferred cash is hereby	99705
appropriated.	99706

Section 309.20.30. AGENCY FUND GROUP

99707

The Agency Fund Group and Holding Account Redistribution Fund	99708
Group shall be used to hold revenues until the appropriate fund is	99709
determined or until the revenues are directed to the appropriate	99710
governmental agency other than the Department of Job and Family	99711
Services. If receipts credited to the Support Intercept – Federal	99712
Fund (Fund 1920), the Support Intercept – State Fund (Fund 5830),	99713
the Food Stamp Offset Fund (Fund 5B60), the Refunds and Audit	99714
Settlements Fund (Fund R012), or the Forgery Collections Fund	99715
(Fund R013) exceed the amounts appropriated from the fund, the	99716
Director of Job and Family Services may request the Director of	99717
Budget and Management to authorize expenditures from the fund in	99718
excess of the amounts appropriated. Upon the approval of the	99719
Director of Budget and Management, the additional amounts are	99720
hereby appropriated.	99721

Section 309.30. MEDICAID

99722

Section 309.30.10. HEALTH CARE/MEDICAID

99723

The foregoing appropriation item 600525, Health	99724
Care/Medicaid, shall not be limited by section 131.33 of the	99725
Revised Code.	99726

Section 309.30.20. UNIFIED LONG TERM CARE

99727

The foregoing appropriation item 600525, Health	99728
Care/Medicaid, may be used to provide the preadmission screening	99729
and resident review (PASRR), which includes screening,	99730
assessments, and determinations made under sections 5111.204,	99731
5119.061, and 5123.021 of the Revised Code.	99732

The foregoing appropriation item 600525, Health	99733
Care/Medicaid, may be used to assess and provide long-term care	99734
consultations under section 173.42 of the Revised Code to clients	99735
regardless of Medicaid eligibility.	99736

The foregoing appropriation item 600525, Health	99737
Care/Medicaid, may be used to provide nonwaiver funded PASSPORT,	99738
assisted living, and PACE services to persons who the state	99739
department has determined to be eligible to participate in the	99740
nonwaiver funded PASSPORT, assisted living, and PACE programs, who	99741
applied for but have not yet been determined to be financially	99742
eligible to participate in the Medicaid waiver component of the	99743
PASSPORT Home Care Program, Assisted Living Program, or the PACE	99744
Program by a county department of job and family services, and to	99745
persons who are not eligible for Medicaid but were enrolled in the	99746
PASSPORT Program prior to July 1, 1990.	99747

The foregoing appropriation item 600525, Health	99748
Care/Medicaid, shall be used to provide the required state match	99749
for federal Medicaid funds supporting the Medicaid waiver-funded	99750
PASSPORT Home Care Program, the Choices Program, the Assisted	99751
Living Program, and the PACE Program.	99752

The foregoing appropriation item 600525, Health	99753
Care/Medicaid, shall be used to provide the federal matching share	99754
of program costs determined by the Department of Job and Family	99755
Services to be eligible for Medicaid reimbursement for the	99756
Medicaid waiver-funded PASSPORT Home Care Program, the Choices	99757
Program, the Assisted Living Program, and the PACE Program.	99758

Of the foregoing appropriation item 600525, Health	99759
Care/Medicaid, $13,904,338 in fiscal year 2012 and $27,894,003 in	99760
fiscal year 2013 shall be used to provide supplemental funding to	99761
the Medicaid waiver-funded PASSPORT Home Care Program.	99762

Section 309.30.30. REDUCTION IN MEDICAID PAYMENT RATES

99763

(A) For fiscal year 2012 and fiscal year 2013, the Director	99764
of Job and Family Services shall implement purchasing strategies	99765
and rate reductions for certain Medicaid-covered services, as	99766
determined by the Director, that result in payment rates for those	99767
services being at least two per cent less than the respective	99768
payment rates for fiscal year 2011. The Director shall consider	99769
the following when implementing purchasing strategies and rate	99770
reductions under this section:	99771

(1) Modernizing hospital inpatient and outpatient	99772
reimbursement methodologies by doing the following:	99773

(a) Modifying the inpatient hospital capital reimbursement	99774
methodology;	99775

(b) Implementing relative weights for diagnosis-related	99776
groups or establishing new diagnosis-related groups;	99777

(c) Implementing other changes the Director considers	99778
appropriate.	99779

(2) Establishing selective contracting and prior	99780
authorization requirements for types of medical assistance the	99781
Director identifies.	99782

(B) The Director shall adopt rules under section 5111.02 and	99783
5111.85 of the Revised Code as necessary to implement this	99784
section.	99785

(C) This section does not apply to nursing facility and	99786
intermediate care facility for the mentally retarded services	99787
provided under the Medicaid program.	99788

Section 309.30.33. REDUCTION OF MEDICAID MANAGED CARE	99789
ADMINISTRATIVE EXPENSES	99790

For fiscal year 2012 and fiscal year 2013, the Department of	99791
Job and Family Services may reduce by one per cent the rate it	99792
pays for administrative expenses to health insuring corporations	99793
under contract with the Department pursuant to section 5111.17 of	99794
the Revised Code.	99795

Section 309.30.35. CONTINUATION OF MEDICAID RATES FOR	99796
HOSPITAL INPATIENT AND OUTPATIENT SERVICES	99797

The Director of Job and Family Services shall amend rules	99798
adopted under section 5111.02 of the Revised Code as necessary to	99799
continue, for the period beginning July 1, 2011, through June 30,	99800
2013, the Medicaid reimbursement rates in effect from October 1,	99801
2009, through June 30, 2011, for Medicaid-covered hospital	99802
inpatient services and hospital outpatient services that are paid	99803
under the prospective payment system established in those rules.	99804
The rates shall continue to be in effect, notwithstanding any	99805
policies or rules the Director adopts or amends pursuant to the	99806
section of this act titled "Reduction of Medicaid Expenditures."	99807

Section 309.30.40. MANAGED CARE PERFORMANCE PAYMENT PROGRAM

99808

At the beginning of each quarter, or as soon as possible	99809
thereafter, the Director of Job and Family Services shall certify	99810
to the Director of Budget and Management the amount withheld in	99811
accordance with section 5111.179 of the Revised Code for purposes	99812
of the Managed Care Performance Payment Program. Upon receiving	99813
certification, the Director of Budget and Management shall	99814
transfer cash in the amount certified from the General Revenue	99815
Fund to the Managed Care Performance Payment Fund. The transferred	99816
cash is hereby appropriated. Appropriation item 600525, Health	99817
Care/Medicaid, is hereby reduced by the amount of the transfer.	99818

Section 309.30.50. COORDINATION OF CARE FOR COVERED FAMILIES	99819
AND CHILDREN PENDING MEDICAID MANAGED CARE ENROLLMENT	99820

(A) As used in this section, "Medicaid managed care" means	99821
the care management system established under section 5111.16 of	99822
the Revised Code.	99823

(B) The departments of Job and Family Services and Health	99824
shall work together on the issue of achieving efficiencies in the	99825
delivery of medical assistance provided under Medicaid to families	99826
and children.	99827

(C) As part of their work under division (B) of this section,	99828
the departments shall develop a proposal for coordinating medical	99829
assistance provided to families and children under Medicaid while	99830
they wait to be enrolled in Medicaid managed care. In developing	99831
the proposal, the departments may do the following:	99832

(1) Conduct research on the status of families and children	99833
waiting to be enrolled in Medicaid managed care, including	99834
research on the reasons for the wait and the utilization of	99835
medical assistance during the waiting period;	99836

(2) Conduct a review of ways to help families and children	99837
receive medical assistance in the most appropriate setting while	99838
they wait to be enrolled in Medicaid managed care;	99839

(3) Develop recommendations for a coordinated, cost-effective	99840
system of helping families and children waiting to be enrolled in	99841
Medicaid managed care find the medical assistance they need during	99842
the waiting period;	99843

(4) For the purpose of reducing the waiting period for	99844
enrollment in Medicaid managed care, develop recommendations for	99845
improving the enrollment processes.	99846

(D) As part of the work that is done under division (B) of	99847
this section, the Department of Job and Family Services may submit	99848
to the United States Secretary of Health and Human Services a	99849
request for a Medicaid state plan amendment to authorize payment	99850
for Medicaid-reimbursable targeted case management services that	99851
are provided in connection with the Help Me Grow Program. Each	99852
quarter during fiscal year 2012 and fiscal year 2013 following	99853
approval of the Medicaid state plan amendment, the Department of	99854
Job and Family Services shall certify to the Director of Budget	99855
and Management the state and federal share of the amount the	99856
Department of Job and Family Services has expended that quarter	99857
for services under this section. On receipt of each quarterly	99858
certification to the Director of Budget and Management shall	99859
decrease appropriation from appropriation item 440459, Help Me	99860
Grow, an amount equal to the state share of the certified	99861
expenditures and increase appropriation item 600525, Health	99862
Care/Medicaid by an equal amount and adjust the Federal share	99863
accordingly.	99864

Section 309.30.60. FISCAL YEAR 2012 MEDICAID REIMBURSEMENT	99865
SYSTEM FOR NURSING FACILITIES	99866

(A) As used in this section:

99867

"Franchise permit fee," "Medicaid days," "nursing facility,"	99868
and "provider" have the same meanings as in section 5111.20 of the	99869
Revised Code.	99870

"Nursing facility services" means nursing facility services	99871
covered by the Medicaid program that a nursing facility provides	99872
to a resident of the nursing facility who is a Medicaid recipient	99873
eligible for Medicaid-covered nursing facility services.	99874

(B) Except as otherwise provided by this section, the	99875
provider of a nursing facility that has a valid Medicaid provider	99876
agreement on June 30, 2011, and a valid Medicaid provider	99877
agreement during fiscal year 2012 shall be paid, for nursing	99878
facility services the nursing facility provides during fiscal year	99879
2012, the rate calculated for the nursing facility under sections	99880
5111.20 to 5111.33 of the Revised Code with the following	99881
adjustments:	99882

(1) The cost per case mix-unit calculated under section	99883
5111.231 of the Revised Code, the rate for ancillary and support	99884
costs calculated under section 5111.24 of the Revised Code, the	99885
rate for tax costs calculated under section 5111.242 of the	99886
Revised Code, and the rate for capital costs calculated under	99887
section 5111.25 of the Revised Code shall each be increased by	99888
five and eight hundredths per cent;	99889

(2) The mean payment used in the calculation of the quality	99890
incentive payment made under section 5111.244 of the Revised Code	99891
shall be, weighted by Medicaid days, fourteen dollars and	99892
forty-one cents per Medicaid day.	99893

(C) If the franchise permit fee must be reduced or eliminated	99894
to comply with federal law, the Department of Job and Family	99895
Services shall reduce the amount it pays providers of nursing	99896
facility services under this section as necessary to reflect the	99897
loss to the state of the revenue and federal financial	99898
participation generated from the franchise permit fee.	99899

(D) The Department of Job and Family Services shall follow	99900
this section in determining the rate to be paid to the provider of	99901
a nursing facility that has a valid Medicaid provider agreement on	99902
June 30, 2011, and a valid Medicaid provider agreement during	99903
fiscal year 2012 notwithstanding anything to the contrary in	99904
sections 5111.20 to 5111.33 of the Revised Code.	99905

Section 309.30.70. FISCAL YEAR 2013 MEDICAID REIMBURSEMENT	99906
SYSTEM FOR NURSING FACILITIES	99907

(A) As used in this section:

99908

"Franchise permit fee," "Medicaid days," "nursing facility,"	99909
and "provider" have the same meanings as in section 5111.20 of the	99910
Revised Code.	99911

"Nursing facility services" means nursing facility services	99912
covered by the Medicaid program that a nursing facility provides	99913
to a resident of the nursing facility who is a Medicaid recipient	99914
eligible for Medicaid-covered nursing facility services.	99915

(B) Except as otherwise provided by this section, the	99916
provider of a nursing facility that has a valid Medicaid provider	99917
agreement on June 30, 2012, and a valid Medicaid provider	99918
agreement during fiscal year 2013 shall be paid, for nursing	99919
facility services the nursing facility provides during fiscal year	99920
2013, the rate calculated for the nursing facility under sections	99921
5111.20 to 5111.33 of the Revised Code with the following	99922
adjustments:	99923

(1) The cost per case mix-unit calculated under section	99924
5111.231 of the Revised Code, the rate for ancillary and support	99925
costs calculated under section 5111.24 of the Revised Code, the	99926
rate for tax costs calculated under section 5111.242 of the	99927
Revised Code, and the rate for capital costs calculated under	99928
section 5111.25 of the Revised Code shall each be increased by	99929
five and eight hundredths per cent;	99930

(2) Unless, pursuant to division (D) of section 5111.244 of	99931
the Revised Code, no quality incentive payment is to be made for	99932
fiscal year 2013, the mean payment used in the calculation of the	99933
quality incentive payment made under section 5111.244 of the	99934
Revised Code shall be, weighted by Medicaid days, fourteen dollars	99935
and sixty-three cents per Medicaid day.	99936

(C) If the franchise permit fee must be reduced or eliminated	99937
to comply with federal law, the Department of Job and Family	99938
Services shall reduce the amount it pays providers of nursing	99939
facility services under this section as necessary to reflect the	99940
loss to the state of the revenue and federal financial	99941
participation generated from the franchise permit fee.	99942

(D) The Department of Job and Family Services shall follow	99943
this section in determining the rate to be paid to the provider of	99944
a nursing facility that has a valid Medicaid provider agreement on	99945
June 30, 2012, and a valid Medicaid provider agreement during	99946
fiscal year 2013 notwithstanding anything to the contrary in	99947
sections 5111.20 to 5111.33 of the Revised Code.	99948

Section 309.30.80. STUDY OF ICF/MR ISSUES

99949

(A) As used in this section:

99950

"Home and community-based services" has the same meaning as	99951
in section 5123.01 of the Revised Code.	99952

"ICF/MR" means an intermediate care facility for the mentally	99953
retarded as defined in section 5111.20 of the Revised Code.	99954

"ICF/MR services" means services covered by the Medicaid	99955
program that an ICF/MR provides to a Medicaid recipient eligible	99956
for the services.	99957

(B) The Departments of Job and Family Services and	99958
Developmental Disabilities shall study issues regarding the	99959
administration of, and Medicaid reimbursement for, ICF/MR	99960
services. In conducting the study, the Departments shall examine	99961
the following:	99962

(1) Revising the Individual Assessment Form Answer Sheet in a	99963
manner that provides a more accurate assessment of the acuity and	99964
care needs of individuals who need ICF/MR services, especially the	99965
acuity and care needs of such individuals who have intensive	99966
behavioral or medical needs;	99967

(2) Revising the Medicaid reimbursement formula for ICF/MR	99968
services to accomplish the following:	99969

(a) Ensure that reimbursement for capital costs is adequate	99970
for maintaining the capital assets of ICFs/MR in a manner that	99971
promotes the well being of the residents;	99972

(b) Provide capital incentives for reducing the capacity of	99973
ICFs/MR as necessary to achieve goals regarding the optimal	99974
capacity of ICFs/MR;	99975

(c) Ensure that wages paid individuals who provide direct	99976
care services to ICF/MR residents are sufficient for ICFs/MR to	99977
meet staffing and quality requirements;	99978

(d) Provide incentives for high quality services;

99979

(e) Achieve other goals developed for the purpose of	99980
improving the appropriateness and sufficiency of Medicaid	99981
reimbursements for ICF/MR services.	99982

(3) Transferring the powers and duties regarding ICF/MR	99983
services from the Department of Job and Family Services to the	99984
Department of Developmental Disabilities.	99985

(C) The Departments shall examine the issue of revising the	99986
Individual Assessment Form Answer Sheet before examining the issue	99987
of revising the Medicaid reimbursement formula for ICF/MR	99988
services. Not later than October 1, 2011, the Departments shall	99989
prepare a report of the study conducted under this section and	99990
submit the report to the Governor and, in accordance with section	99991
101.68 of the Revised Code, the General Assembly.	99992

(D) At the same time that the Departments conduct the study	99993
under this section, they shall work with the Governor's Office of	99994
Health Transformation and persons interested in the issue of	99995
ICF/MR services to develop recommendations regarding the	99996
following:	99997

(1) Goals regarding the ratio of home and community-based	99998
services and ICF/MR services provided under the Medicaid program	99999
that take into account goals regarding the optimal capacity of	100000
ICFs/MR;	100001

(2) The roles and responsibilities of both of the following:

100002

(a) ICFs/MR owned and operated by the Department of	100003
Developmental Disabilities;	100004

(b) Providers of home and community-based services.

100005

(3) Simplifying and eliminating duplicate regulations	100006
regarding ICFs/MR in a manner that lowers the cost of ICF/MR	100007
services.	100008

(E) The powers and duties regarding ICF/MR services shall not	100009
be transferred from the Department of Job and Family Services to	100010
the Department of Developmental Disabilities unless a state law is	100011
enacted that expressly authorizes the transfer.	100012

Section 309.30.90. FISCAL YEAR 2012 MEDICAID REIMBURSEMENT	100013
SYSTEM FOR ICFs/MR	100014

(A) As used in this section:

100015

(1) "Change of operator," "entering operator," and "exiting	100016
operator" have the same meanings as in section 5111.65 of the	100017
Revised Code.	100018

(2) "Continuing ICF/MR" means an ICF/MR to which either of	100019
the following apply:	100020

(a) The provider has a valid Medicaid provider agreement for	100021
the ICF/MR on June 30, 2011, and a valid Medicaid provider	100022
agreement for the ICF/MR during fiscal year 2012.	100023

(b) The ICF/MR undergoes a change of operator that takes	100024
effect during fiscal year 2012, the exiting operator has a valid	100025
Medicaid provider agreement for the ICF/MR on June 30, 2011, and	100026
the entering operator has a valid Medicaid provider agreement for	100027
the ICF/MR for at least part of fiscal year 2012 after the change	100028
of operator takes effect.	100029

(3) "Franchise permit fee" and "provider" have the same	100030
meanings as in section 5111.20 of the Revised Code.	100031

(4) "ICF/MR" means an intermediate care facility for the	100032
mentally retarded as defined in section 5111.20 of the Revised	100033
Code.	100034

(5) "ICF/MR services" means services covered by the Medicaid	100035
program that an ICF/MR provides to a Medicaid recipient eligible	100036
for the services.	100037

(6) "Medicaid days" means all days during which a resident	100038
who is a Medicaid recipient occupies a bed in an ICF/MR that is	100039
included in the ICF/MR's Medicaid-certified capacity. Therapeutic	100040
or hospital leave days for which payment is made under section	100041
5111.33 of the Revised Code are considered Medicaid days	100042
proportionate to the percentage of the ICF/MR's per resident per	100043
day rate paid for those days.	100044

(7) "New ICF/MR" means an ICF/MR to which section 5111.255 of	100045
the Revised Code applies for fiscal year 2012.	100046

(8) "Per diem rate" means the per diem rate calculated	100047
pursuant to sections 5111.20 to 5111.33 of the Revised Code.	100048

(B) If the mean total per diem rate for all ICFs/MR in this	100049
state for fiscal year 2012, weighted by May 2011 Medicaid days and	100050
calculated as of July 1, 2011, exceeds $279.81, the Department of	100051
Job and Family Services shall reduce, for fiscal year 2012, the	100052
total per diem rate for each continuing ICF/MR by a percentage	100053
that is equal to the percentage by which the mean total per diem	100054
rate exceeds $279.81.	100055

(C) The provider of a new ICF/MR shall be paid, for ICF/MR	100056
services the ICF/MR provides during fiscal year 2012, the rate	100057
calculated for the ICF/MR under section 5111.255 of the Revised	100058
Code reduced by the same percentage that the rate for a continuing	100059
ICF/MR is reduced under division (B) of this section.	100060

(D) The rate of an ICF/MR set pursuant to this section shall	100061
not be subject to any adjustments authorized by sections 5111.20	100062
to 5111.33 of the Revised Code, or any rule authorized by those	100063
sections, during the remainder of fiscal year 2012.	100064

(E) If the franchise permit fee must be reduced or eliminated	100065
to comply with federal law, the Department of Job and Family	100066
Services shall reduce the amount it pays providers of ICF/MR	100067
services under this section as necessary to reflect the loss to	100068
the state of the revenue and federal financial participation	100069
generated from the franchise permit fee.	100070

(F) The Department of Job and Family Services shall follow	100071
this section in determining the rate to be paid to the provider of	100072
a continuing ICF/MR or new ICF/MR for ICF/MR services provided	100073
during fiscal year 2012 notwithstanding anything to the contrary	100074
in sections 5111.20 to 5111.33 of the Revised Code, except	100075
sections 5111.258 and 5111.291 of the Revised Code.	100076

Section 309.33.10. FISCAL YEAR 2013 MEDICAID REIMBURSEMENT	100077
SYSTEM FOR ICFs/MR	100078

(A) As used in this section:

100079

(1) "Change of operator," "entering operator," and "exiting	100080
operator" have the same meanings as in section 5111.65 of the	100081
Revised Code.	100082

(2) "Continuing ICF/MR" means an ICF/MR to which either of	100083
the following apply:	100084

(a) The provider has a valid Medicaid provider agreement for	100085
the ICF/MR on June 30, 2012, and a valid Medicaid provider	100086
agreement for the ICF/MR during fiscal year 2013.	100087

(b) The ICF/MR undergoes a change of operator that takes	100088
effect during fiscal year 2013, the exiting operator has a valid	100089
Medicaid provider agreement for the ICF/MR on June 30, 2012, and	100090
the entering operator has a valid Medicaid provider agreement for	100091
the ICF/MR for at least part of fiscal year 2013 after the change	100092
of operator takes effect.	100093

(3) "Franchise permit fee" and "provider" have the same	100094
meanings as in section 5111.20 of the Revised Code.	100095

(4) "ICF/MR" means an intermediate care facility for the	100096
mentally retarded as defined in section 5111.20 of the Revised	100097
Code.	100098

(5) "ICF/MR services" means services covered by the Medicaid	100099
program that an ICF/MR provides to a Medicaid recipient eligible	100100
for the services.	100101

(6) "Medicaid days" means all days during which a resident	100102
who is a Medicaid recipient occupies a bed in an ICF/MR that is	100103
included in the ICF/MR's Medicaid-certified capacity. Therapeutic	100104
or hospital leave days for which payment is made under section	100105
5111.33 of the Revised Code are considered Medicaid days	100106
proportionate to the percentage of the ICF/MR's per resident per	100107
day rate paid for those days.	100108

(7) "New ICF/MR" means an ICF/MR to which section 5111.255 of	100109
the Revised Code applies for fiscal year 2013.	100110

(8) "Per diem rate" means the per diem rate calculated	100111
pursuant to sections 5111.20 to 5111.33 of the Revised Code.	100112

(B) If the mean total per diem rate for all ICFs/MR in this	100113
state for fiscal year 2013, weighted by May 2012 Medicaid days and	100114
calculated as of July 1, 2012, exceeds $280.14, the Department of	100115
Job and Family Services shall reduce, for fiscal year 2013, the	100116
total per diem rate for each continuing ICF/MR by a percentage	100117
that is equal to the percentage by which the mean total per diem	100118
rate exceeds $280.14.	100119

(C) The provider of a new ICF/MR shall be paid, for ICF/MR	100120
services the ICF/MR provides during fiscal year 2013, the rate	100121
calculated for the ICF/MR under section 5111.255 of the Revised	100122
Code reduced by the same percentage that the rate for a continuing	100123
ICF/MR is reduced under division (B) of this section.	100124

(D) The rate of an ICF/MR set pursuant to this section shall	100125
not be subject to any adjustments authorized by sections 5111.20	100126
to 5111.33 of the Revised Code, or any rule authorized by those	100127
sections, during the remainder of fiscal year 2013.	100128

(E) If the franchise permit fee must be reduced or eliminated	100129
to comply with federal law, the Department of Job and Family	100130
Services shall reduce the amount it pays providers of ICF/MR	100131
services under this section as necessary to reflect the loss to	100132
the state of the revenue and federal financial participation	100133
generated from the franchise permit fee.	100134

(F) The Department of Job and Family Services shall follow	100135
this section in determining the rate to be paid to the provider of	100136
a continuing ICF/MR or new ICF/MR for ICF/MR services provided	100137
during fiscal year 2013 notwithstanding anything to the contrary	100138
in sections 5111.20 to 5111.33 of the Revised Code, except	100139
sections 5111.258 and 5111.291 of the Revised Code.	100140

Section 309.33.20. WAIVER SERVICES TRANSFERRED TO DEPARTMENT	100141
OF DEVELOPMENTAL DISABILITIES	100142

The Director of Budget and Management shall establish line	100143
items for use by the Department of Developmental Disabilities for	100144
purposes regarding the Department's assumption of powers and	100145
duties under section 5111.871 of the Revised Code regarding the	100146
Medicaid waiver component known as the Transitions Developmental	100147
Disabilities Waiver. The Department of Developmental Disabilities	100148
shall certify to the Director of Budget and Management and the	100149
Director of Job and Family Services the appropriation amounts, in	100150
fiscal year 2012 and fiscal year 2013, necessary for the	100151
Department of Developmental Disabilities to fulfill its	100152
obligations regarding the new powers and duties without	100153
duplicating administration or services that remain with the	100154
Department of Job and Family Services. The Department of Job and	100155
Family Services shall certify to the Director of Budget and	100156
Management that there is an equal reduction in the Department of	100157
Job and Family Services' administration and services as is being	100158
certified by the Department of Developmental Disabilities.	100159

Once all certifications required under this section have been	100160
submitted and approved by the Director of Budget and Management,	100161
the appropriation items established under this section are hereby	100162
appropriated in the amounts approved by the Director of Budget and	100163
Management. The appropriations to the Department of Developmental	100164
Disabilities in each fiscal year shall not exceed the aggregate	100165
amount of expenditures that the Department of Job and Family	100166
Services made in fiscal year 2011 for services provided under the	100167
Transitions Developmental Disabilities Waiver and related	100168
administrative costs. Appropriation item 600525, Health	100169
Care/Medicaid, is hereby reduced by the corresponding state and	100170
federal share of the amounts appropriated under this section to	100171
the Department of Developmental Disabilities in each fiscal year.	100172

Section 309.33.30. ADMINISTRATIVE ISSUES RELATED TO	100173
TERMINATION OF MEDICAID WAIVER PROGRAMS	100174

(A) As used in this section, "ODJFS or ODA Medicaid waiver	100175
component" means the following:	100176

(1) The Medicaid waiver component of the PASSPORT program	100177
created under section 173.40 of the Revised Code;	100178

(2) The Choices program created under section 173.403 of the	100179
Revised Code;	100180

(3) The Ohio Home Care program created under section 5111.861	100181
of the Revised Code;	100182

(4) The Ohio Transitions II Aging Carve-Out program created	100183
under section 5111.862 of the Revised Code;	100184

(5) The Medicaid waiver component of the Assisted Living	100185
program created under section 5111.89 of the Revised Code.	100186

(B) If an ODJFS or ODA Medicaid waiver component is	100187
terminated under section 173.40, 173.403, 5111.861, 5111.862, or	100188
5111.89 of the Revised Code, all of the following apply:	100189

(1) All applicable statutes, and all applicable rules,	100190
standards, guidelines, or orders issued by the Director or	100191
Department of Job and Family Services or Director or Department of	100192
Aging before the component is terminated, shall remain in full	100193
force and effect on and after that date, but solely for purposes	100194
of concluding the component's operations, including fulfilling the	100195
Departments' legal obligations for claims arising from the	100196
component relating to eligibility determinations, covered medical	100197
assistance provided to eligible persons, and recovering erroneous	100198
overpayments.	100199

(2) Notwithstanding the termination of the component, the	100200
right of subrogation for the cost of medical assistance given	100201
under section 5101.58 of the Revised Code to the Department of Job	100202
and Family Services and an assignment of the right to medical	100203
assistance given under section 5101.59 of the Revised Code to the	100204
Department continue to apply with respect to the component and	100205
remain in force to the full extent provided under those sections.	100206

(3) The Departments of Job and Family Services and Aging may	100207
use appropriated funds to satisfy any claims or contingent claims	100208
for medical assistance provided under the component before the	100209
component's termination.	100210

(4) Neither department has liability under the component to	100211
reimburse any provider or other person for claims for medical	100212
assistance rendered under the component after it is terminated.	100213

(C) The Directors of Job and Family Services and Aging may	100214
adopt rules in accordance with Chapter 119. of the Revised Code to	100215
implement this section.	100216

Section 309.33.40. MEDICAID QUALITY IMPROVEMENT INITIATIVES	100217
FOR CHILDREN	100218

Building on the quality improvement work of the Best Evidence	100219
for Advancing Child Health in Ohio Now (BEACON) Council, the	100220
Departments of Health, Mental Health, and Job and Family Services,	100221
in conjunction with the Governor's Office of Health	100222
Transformation, may seek assistance from, and work with, hospitals	100223
and other provider groups to identify specific targets and	100224
initiatives to reduce the cost, and improve the quality, of	100225
medical assistance provided under the Medicaid program to	100226
children. At a minimum, the targets and initiatives shall focus on	100227
reducing all of the following:	100228

(A) Avoidable hospitalizations;

100229

(B) Inappropriate emergency room utilization;

100230

100231

(D) The state's rate of premature births;

100232

(E) The state's rate of elective, preterm births.

100233

If the Departments of Health, Mental Health, and Job and	100234
Family Services identify initiatives under this section, they	100235
shall make the initiatives available on their internet web sites.	100236
The Departments shall also make a list of hospitals and other	100237
provider groups involved in the initiatives available on their	100238
internet web sites.	100239

Section 309.33.50. EXPANSION AND EVALUATION OF PACE PROGRAM

100240

(A) In order to effectively administer and manage growth	100241
within the PACE Program, the Director of Aging, in consultation	100242
with the Director of Job and Family Services, may expand the PACE	100243
Program to regions of the state beyond those currently served by	100244
the PACE Program if both of the following apply:	100245

(1) Funding is available for the expansion.

100246

(2) The Directors of Aging and Job and Family Services	100247
mutually determine, taking into consideration the results of the	100248
evaluation conducted under division (B) of this section, that the	100249
PACE Program is a cost effective alternative to nursing home care.	100250

(B) The Director of Aging shall contract with Miami	100251
University's Scripps Gerontology Center for an evaluation of the	100252
PACE program. The contract shall require the Center, in conducting	100253
the evaluation, to collaborate with the Director and PACE	100254
providers and to take into account the PACE Program's unique	100255
features.	100256

(C) The Directors of Aging and Job and Family Services shall	100257
use their best efforts to achieve an arrangement with the United	100258
States Centers for Medicare and Medicaid Services (CMS) under	100259
which CMS agrees to share with the state any savings to the	100260
Medicare program resulting from an expansion of the PACE Program.	100261

(D) If the PACE Program is expanded, the Director of Aging	100262
may not decrease the number of individuals in Cuyahoga and	100263
Hamilton counties and parts of Butler, Clermont, and Warren	100264
counties who are participants in the PACE Program below the number	100265
of individuals in those counties and parts of counties who were	100266
participants in the PACE Program on July 1, 2011.	100267

Section 309.33.60. REPEAL OF THE CHILDREN'S BUY-IN PROGRAM

100268

(A) Notwithstanding sections 5101.5211 to 5101.5216 of the	100269
Revised Code and all references in the Revised Code to those	100270
sections or the Children's Buy-In Program, no person may enroll in	100271
the Program on or after the effective date of this section.	100272

Notwithstanding this act's repeal on October 1, 2011, of the	100273
statutes under which the Program is operated, persons enrolled in	100274
the Program immediately prior to that date may continue to receive	100275
services under the Program, as if those statutes were not	100276
repealed. Such persons may receive the services through December	100277
31, 2011, as long as they remain eligible for the Program.	100278

(B) Commencing on the effective date of this section, the	100279
Director of Job and Family Services shall take steps as necessary	100280
to transition persons enrolled in the Program to other health	100281
coverage options and otherwise conclude Program operations.	100282

All Program-related rules, standards, guidelines, or orders	100283
issued by the Director or Department of Job and Family Services	100284
prior to October 1, 2011, shall remain in full force and effect on	100285
and after that date, but solely for purposes of concluding the	100286
Program's operations. Such purposes include permitting eligible	100287
persons to receive services under the Program through December 31,	100288
2011, as authorized by this section, and fulfilling the	100289
Department's legal obligations for claims arising from the Program	100290
relating to eligibility determinations, covered medical services	100291
rendered to eligible persons, and recovering erroneous	100292
overpayments.	100293

(C) Notwithstanding this act's repeal of the statutes	100294
authorizing the Program, the right of subrogation for the cost of	100295
medical services and care given under section 5101.58 of the	100296
Revised Code to the Department and an assignment of the right to	100297
medical support given under section 5101.59 of the Revised Code to	100298
the Department continue to apply with respect to the Program and	100299
remain in force to the full extent provided under those sections.	100300

(D) The Department may use appropriated funds to satisfy any	100301
claims or contingent claims for services rendered to Program	100302
participants prior to October 1, 2011, and to eligible persons who	100303
receive services under the Program through December 31, 2011, as	100304
authorized by this section. The Department has no liability under	100305
the Program to reimburse any provider or other person for claims	100306
for services rendered on or after January 1, 2012.	100307

(E) The Department may adopt rules in accordance with section	100308
111.15 of the Revised Code to implement this section.	100309

Section 309.33.70. CONTINUATION OF DISPENSING FEE FOR	100310
NONCOMPOUNDED DRUGS	100311

The Medicaid dispensing fee for each noncompounded drug	100312
covered by the Medicaid program shall be $1.80 for the period	100313
beginning July 1, 2011, and ending on the effective date of a	100314
rule, or an amendment to a rule, changing the amount of the fee	100315
that the Director of Job and Family Services adopts or amends	100316
under section 5111.02 of the Revised Code.	100317

Section 309.33.80. MONEY FOLLOWS THE PERSON ENHANCED	100318
REIMBURSEMENT FUND	100319

The Money Follows the Person Enhanced Reimbursement Fund,	100320
created by Section 751.20 of Am. Sub. H.B. 562 of the 127th	100321
General Assembly, shall continue to exist in the state treasury	100322
for fiscal year 2012 and fiscal year 2013. The federal payments	100323
made to the state under subsection (e) of section 6071 of the	100324
"Deficit Reduction Act of 2005," Pub. L. No. 109-171, as amended,	100325
shall be deposited into the fund. The Department of Job and Family	100326
Services shall continue to use money deposited into the fund for	100327
system reform activities related to the Money Follows the Person	100328
demonstration project.	100329

Section 309.33.90. MEDICARE PART D

100330

The foregoing appropriation item 600526, Medicare Part D, may	100331
be used by the Department of Job and Family Services for the	100332
implementation and operation of the Medicare Part D requirements	100333
contained in the "Medicare Prescription Drug, Improvement, and	100334
Modernization Act of 2003," Pub. L. No. 108-173, as amended. Upon	100335
the request of the Department of Job and Family Services, the	100336
Director of Budget and Management may transfer the state share of	100337
appropriations between appropriation item 600525, Health	100338
Care/Medicaid, or appropriation item 600526, Medicare Part D. If	100339
the state share of appropriation item 600525, Health	100340
Care/Medicaid, is adjusted, the Director of Budget and Management	100341
shall adjust the federal share accordingly. The Department of Job	100342
and Family Services shall provide notification to the Controlling	100343
Board of any transfers at the next scheduled Controlling Board	100344
meeting.	100345

Section 309.35.10. REBALANCING LONG-TERM CARE

100346

(A) As used in this section:

100347

"Balancing Incentive Payments Program" means the program	100348
established under section 10202 of the Patient Protection and	100349
Affordable Care Act.	100350

"Long-term services and supports" has the same meaning as in	100351
section 10202(f)(1) of the Patient Protection and Affordable Care	100352
Act.	100353

"Non-institutionally-based long-term services and supports"	100354
has the same meaning as in section 10202(f)(1)(B) of the Patient	100355
Protection and Affordable Care Act.	100356

"Patient Protection and Affordable Care Act" means Public Law	100357
111-148.	100358

(B) The Departments of Job and Family Services, Aging, and	100359
Developmental Disabilities shall continue efforts to achieve a	100360
sustainable and balanced delivery system for long-term services	100361
and supports. In so doing, the Departments shall strive to realize	100362
the following goals by June 30, 2013:	100363

(1) Having at least fifty per cent of Medicaid recipients who	100364
are sixty years of age or older and need long-term services and	100365
supports utilize non-institutionally-based long-term services and	100366
supports;	100367

(2) Having at least sixty per cent of Medicaid recipients who	100368
are less than sixty years of age and have cognitive or physical	100369
disabilities for which long-term services and supports are needed	100370
utilize non-institutionally-based long-term services and supports.	100371

(C) If the Department of Job and Family Services determines	100372
that participating in the Balancing Incentive Payments Program	100373
will assist in achieving the goals specified in division (B) of	100374
this section, the Department may apply to the United States	100375
Secretary of Health and Human Services to participate in the	100376
program. Any funds the state receives as the result of the	100377
enhanced federal financial participation provided to states	100378
participating in the Balancing Incentive Payments Program shall be	100379
deposited into the Balancing Incentive Payments Program Fund,	100380
which is hereby created in the state treasury. The Department of	100381
Job and Family Services shall use the money in the fund in	100382
accordance with section 10202(c)(4) of the Patient Protection and	100383
Affordable Care Act.	100384

Section 309.35.20. BALANCING INCENTIVE PAYMENTS PROGRAM FUND

100385

The Director of Job and Family Services may seek Controlling	100386
Board approval to make expenditures from the Balancing Incentive	100387
Payments Program Fund.	100388

Section 309.35.30. DUAL ELIGIBLE INTEGRATED CARE	100389
DEMONSTRATION PROJECT	100390

The Director of Job and Family Services may seek Controlling	100391
Board approval to make expenditures from the Integrated Care	100392
Delivery Systems Fund.	100393

Section 309.35.40. OHIO ACCESS SUCCESS PROJECT AND	100394
IDENTIFICATION OF OVERPAYMENTS	100395

(A) Notwithstanding any limitations in sections 3721.51 and	100396
3721.56 of the Revised Code, in each fiscal year, cash from the	100397
Nursing Home Franchise Permit Fee Fund (Fund 5R20) may be used by	100398
the Department of Job and Family Services for the following	100399
purposes:	100400

(1) Up to $3,000,000 in each fiscal year to fund the state	100401
share of audits or limited reviews of Medicaid providers;	100402

(2) Up to $450,000 in each fiscal year to provide one-time	100403
transitional benefits under the Ohio Access Success Project that	100404
the Director of Job and Family Services may establish under	100405
section 5111.97 of the Revised Code.	100406

(B) On July 1, 2011, or as soon as possible thereafter, the	100407
Director of Budget and Management shall transfer the cash balance	100408
in the Home and Community-Based Services for the Aged Fund (Fund	100409
4J50) to the Nursing Home Franchise Permit Fee Fund (Fund 5R20).	100410
The transferred cash is hereby appropriated. Upon completion of	100411
the transfer, Fund 4J50 is abolished. The Director shall cancel	100412
any existing encumbrances against appropriation item 600613,	100413
Nursing Facility Bed Assessments, and appropriation item 600618,	100414
Residential State Supplement Payments, and reestablish them	100415
against appropriation item 600608, Medicaid - Nursing Facilities.	100416

Section 309.35.50. PROVIDER FRANCHISE FEE OFFSETS

100417

(A) At least quarterly, the Director of Job and Family	100418
Services shall certify to the Director of Budget and Management	100419
both of the following:	100420

(1) The amount of offsets withheld under section 3721.541 of	100421
the Revised Code from payments made from the General Revenue Fund.	100422

(2) The amount of offsets withheld under section 5112.341 of	100423
the Revised Code from payments made from the General Revenue Fund.	100424

(B) The Director of Budget and Management may transfer cash	100425
from the General Revenue Fund to all of the following:	100426

(1) The Nursing Home Franchise Permit Fee Fund (Fund 5R20),	100427
in accordance with section 3721.56 of the Revised Code;	100428

(2) The ICF/MR Bed Assessments Fund (Fund 4K10).

100429

(C) Amounts transferred pursuant to this section are hereby	100430
appropriated.	100431

Section 309.35.60. TRANSFER OF FUNDS TO THE DEPARTMENT OF	100432
DEVELOPMENTAL DISABILITIES	100433

The Department of Job and Family Services may transfer cash	100434
in each fiscal year from the ICF/MR Bed Assessments Fund (Fund	100435
4K10) to the Home and Community-Based Services Fund (Fund 4K80),	100436
used by the Department of Developmental Disabilities. The amount	100437
to be transferred shall be agreed to by both departments. The	100438
transfer may occur on a quarterly basis or on a schedule developed	100439
and agreed to by both departments. The transfer may be made using	100440
an intrastate transfer voucher.	100441

Section 309.35.70. HOSPITAL CARE ASSURANCE MATCH

100442

The foregoing appropriation item 600650, Hospital Care	100443
Assurance Match, shall be used by the Department of Job and Family	100444
Services solely for distributing funds to hospitals under section	100445
5112.08 of the Revised Code.	100446

Section 309.35.80. HEALTH CARE SERVICES ADMINISTRATION FUND

100447

Of the amount received by the Department of Job and Family	100448
Services during fiscal year 2012 and fiscal year 2013 from the	100449
first installment of assessments paid under section 5112.06 of the	100450
Revised Code and intergovernmental transfers made under section	100451
5112.07 of the Revised Code, the Director of Job and Family	100452
Services shall deposit $350,000 in each fiscal year into the state	100453
treasury to the credit of the Health Care Services Administration	100454
Fund (Fund 5U30).	100455

Section 309.35.90. TRANSFERS OF OFFSETS TO THE HEALTH CARE	100456
SERVICES ADMINISTRATION FUND	100457

(A) As used in this section:

100458

"Hospital offset" means an offset from a hospital's Medicaid	100459
payment authorized by section 5112.991 of the Revised Code.	100460

"Vendor offset" means a reduction of a Medicaid payment to a	100461
Medicaid provider to correct a previous, incorrect Medicaid	100462
payment.	100463

(B) At least quarterly during fiscal year 2012 and fiscal	100464
year 2013, the Director of Job and Family Services shall certify	100465
to the Director of Budget and Management the amount of hospital	100466
offsets and vendor offsets for the period covered by the	100467
certification and the particular funds that would have been used	100468
to make the extra payments to providers if not for the offsets.	100469
The certification shall specify how much extra would have been	100470
taken from each of the funds if not for the hospital offsets and	100471
vendor offsets.	100472

(C) On receipt of a certification under division (B) of this	100473
section, the Director of Budget and Management shall transfer cash	100474
from the funds identified in the certification to the Health Care	100475
Services Administration Fund (Fund 5U30). The amount transferred	100476
from a fund shall equal the amount that would have been taken from	100477
the fund if not for the hospital offsets and vendor offsets as	100478
specified in the certification. The transferred cash is hereby	100479
appropriated.	100480

Section 309.37.10. PROVIDER APPLICATION FEES

100481

If receipts credited to the Health Care Services	100482
Administration Fund (Fund 5U30) exceed the amounts appropriated	100483
from the fund, the Director of Job and Family Services may seek	100484
Controlling Board approval to increase the appropriations in	100485
appropriation item 600654, Health Care Services Administration.	100486

Section 309.37.20. INTERAGENCY REIMBURSEMENT

100487

The Director of Job and Family Services may request the	100488
Director of Budget and Management to increase appropriation item	100489
600655, Interagency Reimbursement. Upon the approval of the	100490
Director of Budget and Management, the additional amounts are	100491
hereby appropriated.	100492

Section 309.37.30. MEDICAID PROGRAM SUPPORT FUND - STATE

100493

The foregoing appropriation item 600671, Medicaid Program	100494
Support, shall be used by the Department of Job and Family	100495
Services to pay for Medicaid services and contracts. The	100496
Department may also deposit to the Medicaid Program Support Fund	100497
(Fund 5C90) revenues received from other state agencies for	100498
Medicaid services under the terms of interagency agreements	100499
between the Department and other state agencies.	100500

Section 309.37.40. TRANSFERS OF IMD/DSH CASH TO THE	100501
DEPARTMENT OF MENTAL HEALTH	100502

The Department of Job and Family Services shall transfer cash	100503
from the Medicaid Program Support Fund (Fund 5C90), to the	100504
Behavioral Health Medicaid Services Fund (Fund 4X50), used by the	100505
Department of Mental Health, in accordance with an interagency	100506
agreement that delegates authority from the Department of Job and	100507
Family Services to the Department of Mental Health to administer	100508
specified Medicaid services. The transfer shall be made using an	100509
intrastate transfer voucher.	100510

Section 309.37.50. PRESCRIPTION DRUG COVERAGE UNDER MEDICAID	100511
MANAGED CARE	100512

(A) Not later than October 1, 2011, the Department of Job and	100513
Family Services shall enter into new contracts or amend existing	100514
contracts with health insuring corporations, pursuant to section	100515
5111.17 of the Revised Code, as the Department considers necessary	100516
to require, in accordance with section 5111.172 of the Revised	100517
Code, as amended by this act, that each health insuring	100518
corporation participating in the Medicaid care management system	100519
include coverage of prescription drugs for the Medicaid recipients	100520
who are enrolled in the health insuring corporation.	100521

(B) For a period of one hundred twenty days immediately	100522
following the effective date of the inclusion of prescription drug	100523
coverage under a new or amended contract with a health insuring	100524
corporation pursuant to division (A) of this section, both of the	100525
following apply:	100526

(1) If, immediately prior to the effective date of the	100527
coverage, a Medicaid recipient enrolled in the health insuring	100528
corporation was being treated with an antidepressant or	100529
antipsychotic described in division (B)(2) of section 5111.172 of	100530
the Revised Code, as amended by this act, the health insuring	100531
corporation shall provide coverage of the drug without imposing a	100532
prior authorization requirement.	100533

(2) Notwithstanding division (B)(3) of section 5111.172 of	100534
the Revised Code, as amended by this act, the health insuring	100535
corporation shall permit the health professional who was	100536
prescribing the drug to continue prescribing the drug for the	100537
Medicaid recipient, regardless of whether the prescriber is a	100538
psychiatrist as described in that division.	100539

Section 309.40. FAMILY STABILITY

100540

Section 309.40.10. FOOD STAMPS TRANSFER

100541

On July 1, 2011, or as soon as possible thereafter, the	100542
Director of Budget and Management may transfer up to $1,000,000	100543
cash from the Food Stamp Program Fund (Fund 3840), to the Food	100544
Assistance Fund (Fund 5ES0).	100545

Section 309.40.20. NAME OF FOOD STAMP PROGRAM

100546

The Director of Job and Family Services is not required to	100547
amend rules regarding the Food Stamp Program to change the name of	100548
the program to the Supplemental Nutrition Assistance Program. The	100549
Director may refer to the program as the Food Stamp Program or the	100550
Food Assistance Program in rules and documents of the Department	100551
of Job and Family Services.	100552

Section 309.40.30. OHIO ASSOCIATION OF SECOND HARVEST FOOD	100553
BANKS	100554

The foregoing appropriation item 600540, Second Harvest Food	100555
Banks, shall be used to provide funds to the Ohio Association of	100556
Second Harvest Food Banks to purchase and distribute food	100557
products.	100558

Notwithstanding section 5101.46 of the Revised Code and any	100559
other provision in this bill, in addition to funds designated for	100560
the Ohio Association of Second Harvest Food Banks in this section,	100561
in fiscal year 2012 and fiscal year 2013, the Director of Job and	100562
Family Services shall provide assistance from eligible funds to	100563
the Ohio Association of Second Harvest Food Banks in an amount up	100564
to or equal to the assistance provided in state fiscal year 2011	100565
from all funds used by the Department, except the General Revenue	100566
Fund.	100567

Eligible nonfederal expenditures made by member food banks of	100568
the Association shall be counted by the Department of Job and	100569
Family Services toward the TANF maintenance of effort requirements	100570
of 42 U.S.C. 609(a)(7). The Director of Job and Family Services	100571
shall enter into an agreement with the Ohio Association of Second	100572
Harvest Food Banks, in accordance with sections 5101.80 and	100573
5101.801 of the Revised Code, to carry out the requirements under	100574
this section.	100575

Section 309.40.40. CHILD SUPPORT COLLECTIONS/TANF MOE

100576

The foregoing appropriation item 600658, Child Support	100577
Collections, shall be used by the Department of Job and Family	100578
Services to meet the TANF maintenance of effort requirements of 42	100579
U.S.C. 609(a)(7). When the state is assured that it will meet the	100580
maintenance of effort requirement, the Department of Job and	100581
Family Services may use funds from appropriation item 600658,	100582
Child Support Collections, to support public assistance	100583
activities.	100584

Section 309.50. CHILD WELFARE

100585

Section 309.50.10. DIFFERENTIAL RESPONSE

100586

In accordance with an independent evaluation of the Ohio	100587
Alternative Response Pilot Program that recommended statewide	100588
implementation, the Department of Job and Family Services shall	100589
plan the statewide expansion of the Ohio Alternative Response	100590
Pilot Program on a county by county basis, through a schedule	100591
determined by the Department. The program shall be known as the	100592
"differential response" approach as defined in section 2151.011 of	100593
the Revised Code. Notwithstanding provisions of Chapter 2151. of	100594
the Revised Code that refer to "differential response,"	100595
"traditional response," and "alternative response," those	100596
provisions shall become effective on the scheduled date of	100597
expansion of the differential response approach to that county.	100598
Prior to statewide implementation, the Department may adopt rules	100599
in accordance with Chapter 119. of the Revised Code as necessary	100600
to carry out the purposes of this section.	100601

Section 309.50.20. FLEXIBLE FUNDING FOR FAMILIES AND CHILDREN

100602

In collaboration with the county family and children first	100603
council, a county department of job and family services or public	100604
children services agency that receives an allocation from the	100605
Department of Job and Family Services from the foregoing	100606
appropriation item 600523, Children and Families Services, or	100607
600533, Child, Family, and Adult Community & Protective Services,	100608
may transfer a portion of either or both allocations to a flexible	100609
funding pool as authorized by the section titled FAMILY AND	100610
CHILDREN FIRST FLEXIBLE FUNDING POOL.	100611

Section 309.50.30. CHILD, FAMILY, AND ADULT COMMUNITY AND	100612
PROTECTIVE SERVICES	100613

(A) The foregoing appropriation item 600533, Child, Family,	100614
and Adult Community & Protective Services, shall be distributed to	100615
each county department of job and family services using the	100616
formula the Department of Job and Family Services uses when	100617
distributing Title XX funds to county departments of job and	100618
family services under section 5101.46 of the Revised Code. County	100619
departments shall use the funds distributed to them under this	100620
section as follows, in accordance with the written plan of	100621
cooperation entered into under section 307.983 of the Revised	100622
Code:	100623

(1) To assist individuals achieve or maintain	100624
self-sufficiency, including by reducing or preventing dependency	100625
among individuals with family income not exceeding two hundred per	100626
cent of the federal poverty guidelines;	100627

(2) Subject to division (B) of this section, to respond to	100628
reports of abuse, neglect, or exploitation of children and adults,	100629
including through the differential response approach program	100630
developed under Section 309.50.10 of this act;	100631

(3) To provide outreach and referral services regarding home	100632
and community-based services to individuals at risk of placement	100633
in a group home or institution, regardless of the individuals'	100634
family income and without need for a written application;	100635

(4) To provide outreach, referral, application assistance,	100636
and other services to assist individuals receive assistance,	100637
benefits, or services under Medicaid; Title IV-A programs, as	100638
defined in section 5101.80 of the Revised Code; the Supplemental	100639
Nutrition Assistance Program; and other public assistance	100640
programs.	100641

(B) Protective services may be provided to a child or adult	100642
as part of a response, under division (A)(2) of this section, to a	100643
report of abuse, neglect, or exploitation without regard to a	100644
child or adult's family income and without need for a written	100645
application. The protective services may be provided if the case	100646
record documents circumstances of actual or potential abuse,	100647
neglect, or exploitation.	100648

Section 309.50.40. ADOPTION ASSISTANCE LOAN

100649

Of the foregoing appropriation item 600634, Adoption	100650
Assistance Loan, the Department of Job and Family Services may use	100651
up to ten per cent for administration of adoption assistance loans	100652
pursuant to section 3107.018 of the Revised Code.	100653

Section 309.60. UNEMPLOYMENT COMPENSATION

100654

Section 309.60.10. FEDERAL UNEMPLOYMENT PROGRAMS

100655

All unexpended funds remaining at the end of fiscal year 2011	100656
that were appropriated and made available to the state under	100657
section 903(d) of the Social Security Act, as amended, in the	100658
foregoing appropriation item 600678, Federal Unemployment Programs	100659
(Fund 3V40), are hereby appropriated to the Department of Job and	100660
Family Services. Upon the request of the Director of Job and	100661
Family Services, the Director of Budget and Management may	100662
increase the appropriation for fiscal year 2012 by the amount	100663
remaining unspent from the fiscal year 2011 appropriation and may	100664
increase the appropriation for fiscal year 2013 by the amount	100665
remaining unspent from the fiscal year 2012 appropriation. The	100666
appropriation shall be used under the direction of the Department	100667
of Job and Family Services to pay for administrative activities	100668
for the Unemployment Insurance Program, employment services, and	100669
other allowable expenditures under section 903(d) of the Social	100670
Security Act, as amended.	100671

The amounts obligated pursuant to this section shall not	100672
exceed at any time the amount by which the aggregate of the	100673
amounts transferred to the account of the state under section	100674
903(d) of the Social Security Act, as amended, exceeds the	100675
aggregate of the amounts obligated for administration and paid out	100676
for benefits and required by law to be charged against the amounts	100677
transferred to the account of the state.	100678

Section 311.10. JCR JOINT COMMITTEE ON AGENCY RULE REVIEW

100679

General Revenue Fund	100680

GRF	029321	Operating Expenses	$	435,168	$	435,168	100681
TOTAL GRF General Revenue Fund			$	435,168	$	435,168	100682
TOTAL ALL BUDGET FUND GROUPS			$	435,168	$	435,168	100683

OPERATING GUIDANCE

100684

The Chief Administrative Officer of the House of	100685
Representatives and the Clerk of the Senate shall determine, by	100686
mutual agreement, which of them shall act as fiscal agent for the	100687
Joint Committee on Agency Rule Review. Members of the Committee	100688
shall be paid in accordance with section 101.35 of the Revised	100689
Code.	100690

OPERATING EXPENSES

100691

On July 1, 2011, or as soon as possible thereafter, the	100692
Executive Director of the Joint Committee on Agency Rule Review	100693
may certify to the Director of Budget and Management the amount of	100694
the unexpended, unencumbered balance of the foregoing	100695
appropriation item 029321, Operating Expenses, at the end of	100696
fiscal year 2011 to be reappropriated to fiscal year 2012. The	100697
amount certified is hereby reappropriated to the same	100698
appropriation item for fiscal year 2012.	100699

On July 1, 2012, or as soon as possible thereafter, the	100700
Executive Director of the Joint Committee on Agency Rule Review	100701
may certify to the Director of Budget and Management the amount of	100702
the unexpended, unencumbered balance of the foregoing	100703
appropriation item 029321, Operating Expenses, at the end of	100704
fiscal year 2012 to be reappropriated to fiscal year 2013. The	100705
amount certified is hereby reappropriated to the same	100706
appropriation item for fiscal year 2013.	100707

Section 313.10. JCO JUDICIAL CONFERENCE OF OHIO

100708

General Revenue Fund	100709

GRF	018321		Operating Expenses		$	720,000		$	720,000		100710
TOTAL GRF General Revenue Fund					$	720,000		$	720,000		100711

General Services Fund Group	100712

4030	018601	Ohio Jury Instructions	$	350,000	$	350,000	100713
TOTAL GSF General Services Fund Group			$	350,000	$	350,000	100714
TOTAL ALL BUDGET FUND GROUPS			$	1,070,000	$	1,070,000	100715

OHIO JURY INSTRUCTIONS FUND

100716

The Ohio Jury Instructions Fund (Fund 4030) shall consist of	100717
grants, royalties, dues, conference fees, bequests, devises, and	100718
other gifts received for the purpose of supporting costs incurred	100719
by the Judicial Conference of Ohio in its activities as a part of	100720
the judicial system of the state as determined by the Judicial	100721
Conference Executive Committee. Fund 4030 shall be used by the	100722
Judicial Conference of Ohio to pay expenses incurred in its	100723
activities as a part of the judicial system of the state as	100724
determined by the Judicial Conference Executive Committee. All	100725
moneys accruing to Fund 4030 in excess of $350,000 in fiscal year	100726
2012 and in excess of $350,000 in fiscal year 2013 are hereby	100727
appropriated for the purposes authorized.	100728

No money in Fund 4030 shall be transferred to any other fund	100729
by the Director of Budget and Management or the Controlling Board.	100730

Section 315.10. JSC THE JUDICIARY/SUPREME COURT

100731

General Revenue Fund	100732

GRF	005321	Operating Expenses - Judiciary/Supreme Court	$	133,497,850	$	132,358,640	100733
GRF	005401	State Criminal Sentencing Council	$	206,770	$	206,770	100734
GRF	005406	Law Related Education	$	236,172	$	236,172	100735
GRF	005409	Ohio Courts Technology Initiative	$	2,150,000	$	2,150,000	100736
TOTAL GRF General Revenue Fund			$	136,090,792	$	134,951,582	100737

General Services Fund Group	100738

6720	005601		Continuing Judicial Education		$	172,142		$	169,420		100739
TOTAL GSF General Services Fund Group					$	172,142		$	169,420		100740

Federal Special Revenue Fund Group	100741

3J00	005603		Federal Grants		$	1,653,317		$	1,605,717		100742
TOTAL FED Federal Special Revenue Fund Group					$	1,653,317		$	1,605,717		100743

State Special Revenue Fund Group	100744

4C80	005605	Attorney Services	$	3,718,328	$	3,695,192	100745
5HT0	005617	Court Interpreter Certification	$	39,000	$	39,000	100746
5T80	005609	Grants and Awards	$	50,000	$	50,000	100747
6A80	005606	Supreme Court Admissions	$	1,223,340	$	1,205,056	100748
TOTAL SSR State Special Revenue Fund Group			$	5,030,668	$	4,989,248	100749
TOTAL ALL BUDGET FUND GROUPS			$	142,946,919	$	141,715,967	100750

LAW-RELATED EDUCATION

100751

The foregoing appropriation item 005406, Law-Related	100752
Education, shall be distributed directly to the Ohio Center for	100753
Law-Related Education for the purposes of providing continuing	100754
citizenship education activities to primary and secondary	100755
students, expanding delinquency prevention programs, increasing	100756
activities for at-risk youth, and accessing additional public and	100757
private money for new programs.	100758

OHIO COURTS TECHNOLOGY INITIATIVE

100759

The foregoing appropriation item 005409, Ohio Courts	100760
Technology Initiative, shall be used to fund an initiative by the	100761
Supreme Court to facilitate the exchange of information and	100762
warehousing of data by and between Ohio courts and other justice	100763
system partners through the creation of an Ohio Courts Network,	100764
the delivery of technology services to courts throughout the	100765
state, including the provision of hardware, software, and the	100766
development and implementation of educational and training	100767
programs for judges and court personnel, and operation of the	100768
Commission on Technology and the Courts by the Supreme Court for	100769
the promulgation of statewide rules, policies, and uniform	100770
standards, and to aid in the orderly adoption and comprehensive	100771
use of technology in Ohio courts.	100772

CONTINUING JUDICIAL EDUCATION

100773

The Continuing Judicial Education Fund (Fund 6720) shall	100774
consist of fees paid by judges and court personnel for attending	100775
continuing education courses and other gifts and grants received	100776
for the purpose of continuing judicial education. The foregoing	100777
appropriation item 005601, Continuing Judicial Education, shall be	100778
used to pay expenses for continuing education courses for judges	100779
and court personnel. If it is determined by the Administrative	100780
Director of the Supreme Court that additional appropriations are	100781
necessary, the amounts are hereby appropriated.	100782

No money in Fund 6720 shall be transferred to any other fund	100783
by the Director of Budget and Management or the Controlling Board.	100784
Interest earned on money in Fund 6720 shall be credited to the	100785
fund.	100786

FEDERAL GRANTS

100787

The Federal Grants Fund (Fund 3J00) shall consist of grants	100788
and other moneys awarded to the Supreme Court (The Judiciary) by	100789
the United States Government or other entities that receive the	100790
moneys directly from the United States Government and distribute	100791
those moneys to the Supreme Court (The Judiciary). The foregoing	100792
appropriation item 005603, Federal Grants, shall be used in a	100793
manner consistent with the purpose of the grant or award. If it is	100794
determined by the Administrative Director of the Supreme Court	100795
that additional appropriations are necessary, the amounts are	100796
hereby appropriated.	100797

No money in Fund 3J00 shall be transferred to any other fund	100798
by the Director of Budget and Management or the Controlling Board.	100799
However, interest earned on money in Fund 3J00 shall be credited	100800
or transferred to the General Revenue Fund.	100801

ATTORNEY SERVICES

100802

The Attorney Services Fund (Fund 4C80), formerly known as the	100803
Attorney Registration Fund, shall consist of money received by the	100804
Supreme Court (The Judiciary) pursuant to the Rules for the	100805
Government of the Bar of Ohio. In addition to funding other	100806
activities considered appropriate by the Supreme Court, the	100807
foregoing appropriation item 005605, Attorney Services, may be	100808
used to compensate employees and to fund appropriate activities of	100809
the following offices established by the Supreme Court: the Office	100810
of Disciplinary Counsel, the Board of Commissioners on Grievances	100811
and Discipline, the Clients' Security Fund, and the Attorney	100812
Services Division. If it is determined by the Administrative	100813
Director of the Supreme Court that additional appropriations are	100814
necessary, the amounts are hereby appropriated.	100815

No money in Fund 4C80 shall be transferred to any other fund	100816
by the Director of Budget and Management or the Controlling Board.	100817
Interest earned on money in Fund 4C80 shall be credited to the	100818
fund.	100819

COURT INTERPRETER CERTIFICATION

100820

The Court Interpreter Certification Fund (Fund 5HT0) shall	100821
consist of money received by the Supreme Court (The Judiciary)	100822
pursuant to Rules 80 through 87 of the Rules of Superintendence	100823
for the Courts of Ohio. The foregoing appropriation item 005617,	100824
Court Interpreter Certification, shall be used to provide	100825
training, to provide the written examination, and to pay language	100826
experts to rate, or grade, the oral examinations of those applying	100827
to become certified court interpreters. If it is determined by the	100828
Administrative Director that additional appropriations are	100829
necessary, the amounts are hereby appropriated.	100830

No money in Fund 5HT0 shall be transferred to any other fund	100831
by the Director of Budget and Management or the Controlling Board.	100832
Interest earned on money in Fund 5HT0 shall be credited to the	100833
fund.	100834

GRANTS AND AWARDS

100835

The Grants and Awards Fund (Fund 5T80) shall consist of	100836
grants and other money awarded to the Supreme Court (The	100837
Judiciary) by the State Justice Institute, the Division of	100838
Criminal Justice Services, or other entities. The foregoing	100839
appropriation item 005609, Grants and Awards, shall be used in a	100840
manner consistent with the purpose of the grant or award. If it is	100841
determined by the Administrative Director of the Supreme Court	100842
that additional appropriations are necessary, the amounts are	100843
hereby appropriated.	100844

No money in Fund 5T80 shall be transferred to any other fund	100845
by the Director of Budget and Management or the Controlling Board.	100846
However, interest earned on money in Fund 5T80 shall be credited	100847
or transferred to the General Revenue Fund.	100848

SUPREME COURT ADMISSIONS

100849

The foregoing appropriation item 005606, Supreme Court	100850
Admissions, shall be used to compensate Supreme Court employees	100851
who are primarily responsible for administering the attorney	100852
admissions program under the Rules for the Government of the Bar	100853
of Ohio, and to fund any other activities considered appropriate	100854
by the court. Moneys shall be deposited into the Supreme Court	100855
Admissions Fund (Fund 6A80) under the Supreme Court Rules for the	100856
Government of the Bar of Ohio. If it is determined by the	100857
Administrative Director of the Supreme Court that additional	100858
appropriations are necessary, the amounts are hereby appropriated.	100859

No money in Fund 6A80 shall be transferred to any other fund	100860
by the Director of Budget and Management or the Controlling Board.	100861
Interest earned on money in Fund 6A80 shall be credited to the	100862
fund.	100863

Section 317.10. LEC LAKE ERIE COMMISSION

100864

Federal Special Revenue Fund Group	100865

3EP0	780603		Lake Erie Federal Grants		$	95,750		$	95,750		100866
TOTAL FED Federal Special Revenue Fund Group					$	95,750		$	95,750		100867

State Special Revenue Fund Group	100868

4C00	780601	Lake Erie Protection Fund	$	400,000	$	400,000	100869
5D80	780602	Lake Erie Resources Fund	$	261,783	$	250,143	100870
TOTAL SSR State Special Revenue							100871
Fund Group			$	661,783	$	650,143	100872
TOTAL ALL BUDGET FUND GROUPS			$	757,533	$	745,893	100873

Section 319.10. LRS LEGAL RIGHTS SERVICE

100875

General Revenue Fund	100876

GRF	054321	Support Services	$	97,255	$	24,314	100877
GRF	054401	Ombudsman	$	142,003	$	35,750	100878
TOTAL GRF General Revenue Fund			$	239,258	$	60,064	100879

General Services Fund Group	100880

5M00	054610	Settlements	$	181,352	$	32,839	100881
TOTAL GSF General Services							100882
Fund Group			$	181,352	$	32,839	100883

Federal Special Revenue Fund Group	100884

3050	054602	Protection and Advocacy - Developmentally Disabled	$	1,662,991	$	415,748	100885
3AG0	054613	Protection and Advocacy - Voter Accessibility	$	135,000	$	33,752	100886
3B80	054603	Protection and Advocacy - Mentally Ill	$	1,152,677	$	288,170	100887
3CA0	054615	Work Incentives Planning and Assistance	$	355,000	$	88,752	100888
3N30	054606	Protection and Advocacy - Individual Rights	$	591,112	$	147,779	100889
3N90	054607	Assistive Technology	$	135,000	$	33,751	100890
3R90	054616	Developmental Disability Publications	$	130,000	$	32,500	100891
3T20	054609	Client Assistance Program	$	435,000	$	108,752	100892
3X10	054611	Protection and Advocacy - Beneficiaries of Social Security	$	235,000	$	58,752	100893
3Z60	054612	Protection and Advocacy - Traumatic Brain Injury	$	151,624	$	37,907	100894
TOTAL FED Federal Special Revenue							100895
Fund Group			$	4,983,404	$	1,245,863	100896

State Special Revenue Fund Group	100897

5AE0	054614	Grants and Contracts	$	74,600	$	18,652	100898
TOTAL SSR State Special Revenue Fund Group			$	74,600	$	18,652	100899
TOTAL ALL BUDGET FUND GROUPS			$	5,478,614	$	1,357,418	100900

Section 319.20. CONVERSION OF LEGAL RIGHTS SERVICE TO A	100902
NONPROFIT ENTITY	100903

(A) Not later than December 31, 2011, the administrator of	100904
the Legal Rights Service, in consultation with the Legal Rights	100905
Service Commission, shall establish a nonprofit entity to provide	100906
advocacy services and a client assistance program for people with	100907
disabilities. The Legal Rights Service may subcontract with the	100908
nonprofit entity to perform any functions that the Legal Rights	100909
Service is permitted or required to perform.	100910

(B)(1) Not later than September 30, 2012, and subject to	100911
division (B)(2) of this section, the Governor shall designate the	100912
nonprofit entity established under division (A) of this section to	100913
serve as the state's protection and advocacy system, as provided	100914
under 42 U.S.C. 15001, and as the state's client assistance	100915
program, as provided under 29 U.S.C. 732. On October 1, 2012,	100916
pursuant to section 5123.60 of the Revised Code, as enacted by	100917
this act, the nonprofit entity is the Ohio Protection and Advocacy	100918
System.	100919

(2) The Governor shall make the designation only if the	100920
nonprofit entity complies with all federal law regarding a	100921
protection and advocacy system and client assistance program.	100922

(C) Effective October 1, 2012, the Legal Rights Service, the	100923
Legal Rights Service Commission, and the Ombudsperson Section of	100924
the Legal Rights Service are abolished.	100925

Any aspect of the function of the Legal Rights Service, Legal	100926
Rights Service Commission, and the Ombudsperson Section of the	100927
Legal Rights Service commenced, but not completed on October 1,	100928
2012 shall be completed by the nonprofit entity in the same	100929
manner, and with the same effect, as if completed by the Legal	100930
Rights Service, Legal Rights Service Commission, and the	100931
Ombudsperson Section of the Legal Rights Service as they existed	100932
immediately prior to October 1, 2012. No validation, cure, right,	100933
privilege, remedy, obligation, or liability pertaining to the	100934
Legal Rights Service, Legal Rights Service Commission, and the	100935
Ombudsperson Section of the Legal Rights Service is lost or	100936
impaired by reason of the abolishment of the Legal Rights Service,	100937
Legal Rights Service Commission, and the Ombudsperson Section of	100938
the Legal Rights Service. Each such validation, cure, right,	100939
privilege, remedy, obligation, or liability shall be administered	100940
by the nonprofit entity established under division (A) of this	100941
section.	100942

Any action or proceeding that is related to the functions or	100943
duties of the Legal Rights Service, Legal Rights Service	100944
Commission, and the Ombudsperson Section of the Legal Rights	100945
Service pending on September 30, 2012, is not affected by the	100946
abolishment of the Legal Rights Service, the Legal Rights Service	100947
Commission, and the Ombudsperson Section of the Legal Rights	100948
Service and shall be prosecuted or defended in the name of the	100949
nonprofit entity. In all such actions and proceedings the	100950
nonprofit entity, on application to the court, shall be	100951
substituted as a party.	100952

(D) The foregoing appropriation items 054321, Support	100953
Services, and 054401, Ombudsman, may be used to support the costs	100954
of transitioning the Ohio Legal Rights Service into a nonprofit	100955
entity.	100956

Section 321.10. JLE JOINT LEGISLATIVE ETHICS COMMITTEE

100957

General Revenue Fund	100958

GRF	028321		Legislative Ethics Committee		$	550,000		$	550,000		100959
TOTAL GRF General Revenue Fund					$	550,000		$	550,000		100960

General Services Fund Group	100961

4G70	028601	Joint Legislative Ethics Committee	$	100,000	$	100,000	100962
TOTAL GSF General Services Fund Group			$	100,000	$	100,000	100963
TOTAL ALL BUDGET FUND GROUPS			$	650,000	$	650,000	100964

Section 323.10. LSC LEGISLATIVE SERVICE COMMISSION

100965

General Revenue Fund	100966

GRF	035321	Operating Expenses	$	15,117,700	$	15,117,700	100967
GRF	035402	Legislative Fellows	$	1,022,120	$	1,022,120	100968
GRF	035405	Correctional Institution Inspection Committee	$	438,900	$	438,900	100969
GRF	035407	Legislative Task Force on Redistricting	$	750,000	$	750,000	100970
GRF	035409	National Associations	$	460,560	$	460,560	100971
GRF	035410	Legislative Information Systems	$	3,661,250	$	3,661,250	100972
TOTAL GRF General Revenue Fund			$	21,450,530	$	21,450,530	100973

General Services Fund Group	100974

4100	035601	Sale of Publications	$	10,000	$	10,000	100975
4F60	035603	Legislative Budget Services	$	200,000	$	200,000	100976
5EF0	035607	Legislative Agency Telephone Usage	$	30,000	$	30,000	100977
TOTAL GSF General Services							100978
Fund Group			$	240,000	$	240,000	100979
TOTAL ALL BUDGET FUND GROUPS			$	21,690,530	$	21,690,530	100980

LEGISLATIVE TASK FORCE ON REDISTRICTING

100981

An amount equal to the unexpended, unencumbered portion of	100982
the foregoing appropriation item 035407, Legislative Task Force on	100983
Redistricting, at the end of fiscal year 2011 is hereby	100984
reappropriated to the Legislative Service Commission for the same	100985
purpose for fiscal year 2012.	100986

Section 325.10. LIB STATE LIBRARY BOARD

100987

General Revenue Fund	100988

GRF	350321	Operating Expenses	$	5,057,312	$	5,057,364	100989
GRF	350401	Ohioana Rental Payments	$	124,437	$	124,437	100990
GRF	350502	Regional Library Systems	$	582,469	$	582,469	100991
TOTAL GRF General Revenue Fund			$	5,764,218	$	5,764,270	100992

General Services Fund Group	100993

1390	350602	Intra-Agency Service Charges	$	9,000	$	9,000	100994
4590	350603	Library Service Charges	$	2,986,424	$	2,986,180	100995
4S40	350604	Ohio Public Library Information Network	$	5,689,401	$	5,689,788	100996
5GB0	350605	Library for the Blind	$	1,274,194	$	1,274,194	100997
5GG0	350606	Gates Foundation Grants	$	6,000	$	0	100998
TOTAL GSF General Services							100999
Fund Group			$	9,965,019	$	9,959,162	101000

Federal Special Revenue Fund Group	101001

3130	350601	LSTA Federal	$	5,879,314	$	5,879,314	101002
TOTAL FED Federal Special Revenue							101003
Fund Group			$	5,879,314	$	5,879,314	101004
TOTAL ALL BUDGET FUND GROUPS			$	21,608,551	$	21,602,746	101005

OHIOANA RENTAL PAYMENTS

101006

The foregoing appropriation item 350401, Ohioana Rental	101007
Payments, shall be used to pay the rental expenses of the Martha	101008
Kinney Cooper Ohioana Library Association under section 3375.61 of	101009
the Revised Code.	101010

REGIONAL LIBRARY SYSTEMS

101011

The foregoing appropriation item 350502, Regional Library	101012
Systems, shall be used to support regional library systems	101013
eligible for funding under sections 3375.83 and 3375.90 of the	101014
Revised Code.	101015

OHIO PUBLIC LIBRARY INFORMATION NETWORK

101016

(A) The foregoing appropriation item 350604, Ohio Public	101017
Library Information Network, shall be used for an information	101018
telecommunications network linking public libraries in the state	101019
and such others as may participate in the Ohio Public Library	101020
Information Network (OPLIN).	101021

The Ohio Public Library Information Network Board of Trustees	101022
created under section 3375.65 of the Revised Code may make	101023
decisions regarding use of the foregoing appropriation item	101024
350604, Ohio Public Library Information Network.	101025

(B) Of the foregoing appropriation item 350604, Ohio Public	101026
Library Information Network, up to $81,000 in each fiscal year	101027
shall be used to help local libraries use filters to screen out	101028
obscene and illegal internet materials.	101029

The OPLIN Board shall research and assist or advise local	101030
libraries with regard to emerging technologies and methods that	101031
may be effective means to control access to obscene and illegal	101032
materials. The OPLIN Director shall provide written reports upon	101033
request within ten days to the Governor, the Speaker and Minority	101034
Leader of the House of Representatives, and the President and	101035
Minority Leader of the Senate on any steps being taken by OPLIN	101036
and public libraries in the state to limit and control such	101037
improper usage as well as information on technological, legal, and	101038
law enforcement trends nationally and internationally affecting	101039
this area of public access and service.	101040

(C) The Ohio Public Library Information Network, INFOhio, and	101041
OhioLINK shall, to the extent feasible, coordinate and cooperate	101042
in their purchase or other acquisition of the use of electronic	101043
databases for their respective users and shall contribute funds in	101044
an equitable manner to such effort.	101045

LIBRARY FOR THE BLIND

101046

The foregoing appropriation item 350605, Library for the	101047
Blind, shall be used for the statewide Talking Book Program to	101048
assist the blind and disabled.	101049

TRANSFER TO OPLIN TECHNOLOGY FUND

101050

Notwithstanding sections 5747.03 and 5747.47 of the Revised	101051
Code and any other provision of law to the contrary, in accordance	101052
with a schedule established by the Director of Budget and	101053
Management, the Director of Budget and Management shall transfer	101054
$3,689,401 in cash in fiscal year 2012 and $3,689,788 in cash in	101055
fiscal year 2013 from the Public Library Fund (Fund 7065) to the	101056
OPLIN Technology Fund (Fund 4S40).	101057

TRANSFER TO LIBRARY FOR THE BLIND FUND

101058

Notwithstanding sections 5747.03 and 5747.47 of the Revised	101059
Code and any other provision of law to the contrary, in accordance	101060
with a schedule established by the Director of Budget and	101061
Management, the Director of Budget and Management shall transfer	101062
$1,274,194 cash in each fiscal year from the Public Library Fund	101063
(Fund 7065) to the Library for the Blind Fund (Fund 5GB0).	101064

Section 327.10. LCO LIQUOR CONTROL COMMISSION

101065

Liquor Control Fund Group	101066

7043	970321	Operating Expenses	$	753,933	$	754,146	101067
TOTAL LCF Liquor Control Fund Group			$	753,933	$	754,146	101068
TOTAL ALL BUDGET FUND GROUPS			$	753,933	$	754,146	101069

Section 329.10. LOT STATE LOTTERY COMMISSION

101071

State Lottery Fund Group	101072

2310	950604	Charitable Gaming Oversight	$	1,946,000	$	1,946,000	101073
7044	950100	Personal Services	$	30,018,152	$	30,004,979	101074
7044	950200	Maintenance	$	13,558,000	$	13,266,150	101075
7044	950300	Equipment	$	4,810,440	$	4,465,690	101076
7044	950402	Advertising Contracts	$	26,136,000	$	26,136,000	101077
7044	950403	Gaming Contracts	$	46,476,608	$	47,359,732	101078
7044	950500	Problem Gambling Subsidy	$	350,000	$	350,000	101079
7044	950601	Direct Prize Payments	$	131,995,700	$	133,263,456	101080
8710	950602	Annuity Prizes	$	77,206,258	$	77,641,283	101081
TOTAL SLF State Lottery Fund							101082
Group			$	332,497,158	$	334,433,290	101083
TOTAL ALL BUDGET FUND GROUPS			$	332,497,158	$	334,433,290	101084

OPERATING EXPENSES

101085

Notwithstanding sections 127.14 and 131.35 of the Revised	101086
Code, the Controlling Board may, at the request of the State	101087
Lottery Commission, authorize expenditures from the State Lottery	101088
Fund in excess of the amounts appropriated, up to a maximum of 15	101089
per cent of anticipated total revenue accruing from the sale of	101090
lottery tickets. Upon the approval of the Controlling Board, the	101091
additional amounts are hereby appropriated.	101092

DIRECT PRIZE PAYMENTS

101093

Any amounts, in addition to the amounts appropriated in	101094
appropriation item 950601, Direct Prize Payments, that the	101095
Director of the State Lottery Commission determines to be	101096
necessary to fund prizes are hereby appropriated.	101097

ANNUITY PRIZES

101098

Upon request of the State Lottery Commission, the Director of	101099
Budget and Management may transfer cash from the State Lottery	101100
Fund (Fund 7044) to the Deferred Prizes Trust Fund (Fund 8710) in	101101
an amount sufficient to fund deferred prizes. The Treasurer of	101102
State, from time to time, shall credit the Deferred Prizes Trust	101103
Fund (Fund 8710) the pro rata share of interest earned by the	101104
Treasurer of State on invested balances.	101105

Any amounts, in addition to the amounts appropriated in	101106
appropriation item 950602, Annuity Prizes, that the Director of	101107
the State Lottery Commission determines to be necessary to fund	101108
deferred prizes and interest earnings are hereby appropriated.	101109

TRANSFERS TO THE LOTTERY PROFITS EDUCATION FUND

101110

The Director of Budget and Management shall transfer an	101111
amount greater than or equal to $717,500,000 in fiscal year 2012	101112
and $680,500,000 in fiscal year 2013 from the State Lottery Fund	101113
to the Lottery Profits Education Fund (Fund 7017). Transfers from	101114
the State Lottery Fund to the Lottery Profits Education Fund shall	101115
represent the estimated net income from operations for the	101116
Commission in fiscal year 2012 and fiscal year 2013. Transfers by	101117
the Director of Budget and Management to the Lottery Profits	101118
Education Fund shall be administered as the statutes direct.	101119

Section 331.10. MHC MANUFACTURED HOMES COMMISSION

101120

General Services Fund Group	101121

4K90	996609	Operating Expenses	$	652,922	$	642,267	101122
TOTAL GSF General Services							101123
Fund Group			$	652,922	$	642,267	101124
TOTAL ALL BUDGET FUND GROUPS			$	652,922	$	642,267	101125

Section 333.10. MED STATE MEDICAL BOARD

101127

General Services Fund Group	101128

5C60	883609	Operating Expenses	$	9,292,393	$	9,172,062	101129
TOTAL GSF General Services							101130
Fund Group			$	9,292,393	$	9,172,062	101131
TOTAL ALL BUDGET FUND GROUPS			$	9,292,393	$	9,172,062	101132

Section 335.10. AMB OHIO MEDICAL TRANSPORTATION BOARD

101134

General Services Fund Group	101135

4K90	915604	Operating Expenses	$	493,641	$	493,856	101136
TOTAL GSF General Services							101137
Fund Group			$	493,641	$	493,856	101138
TOTAL ALL BUDGET FUND GROUPS			$	493,641	$	493,856	101139

Section 337.10. DMH DEPARTMENT OF MENTAL HEALTH

101141

General Revenue Fund	101142

GRF	332401	Forensic Services	$	3,244,251	$	3,244,251	101143
GRF	333321	Central Administration	$	16,000,000	$	16,000,000	101144
GRF	333402	Resident Trainees	$	450,000	$	450,000	101145
GRF	333403	Pre-Admission Screening Expenses	$	486,119	$	486,119	101146
GRF	333415	Lease-Rental Payments	$	18,394,250	$	19,907,900	101147
GRF	333416	Research Program Evaluation	$	421,724	$	421,998	101148
GRF	334412	Hospital Services	$	202,018,888	$	192,051,209	101149
GRF	334506	Court Costs	$	584,210	$	584,210	101150
GRF	335405	Family & Children First	$	1,386,000	$	1,386,000	101151
GRF	335419	Community Medication Subsidy	$	8,963,818	$	8,963,818	101152
GRF	335501	Mental Health Medicaid Match	$	186,400,000	$	0	101153
GRF	335505	Local Mental Health Systems of Care	$	38,913,776	$	48,037,955	101154
GRF	335506	Residential State Supplement	$	4,702,875	$	4,702,875	101155
TOTAL GRF General Revenue Fund			$	481,965,911	$	296,236,335	101156

General Services Fund Group	101157

1490	333609	Central Office Operating	$	1,343,190	$	1,343,190	101158
1490	334609	Hospital - Operating Expenses	$	28,190,000	$	28,190,000	101159
1500	334620	Special Education	$	150,000	$	150,000	101160
4P90	335604	Community Mental Health Projects	$	4,061,100	$	250,000	101161
1510	336601	Office of Support Services	$	129,770,770	$	129,779,822	101162
TOTAL GSF General Services Fund Group			$	163,515,060	$	159,713,012	101163

Federal Special Revenue Fund Group	101164

3240	333605	Medicaid/Medicare	$	154,500	$	154,500	101165
3A60	333608	Community and Hospital Services	$	140,000	$	140,000	101166
3A70	333612	Social Services Block Grant	$	50,000	$	50,000	101167
3A80	333613	Federal Grant - Administration	$	4,717,000	$	4,717,000	101168
3A90	333614	Mental Health Block Grant - Administration	$	748,470	$	748,470	101169
3B10	333635	Community Medicaid Expansion	$	13,691,682	$	13,691,682	101170
3240	334605	Medicaid/Medicare	$	28,200,000	$	28,200,000	101171
3A60	334608	Federal Miscellaneous	$	200,000	$	200,000	101172
3A80	334613	Federal Letter of Credit	$	200,000	$	200,000	101173
3A60	335608	Federal Miscellaneous	$	2,170,000	$	2,170,000	101174
3A70	335612	Social Services Block Grant	$	8,400,000	$	8,400,000	101175
3A80	335613	Federal Grant - Community Mental Health Board Subsidy	$	2,500,000	$	2,500,000	101176
3A90	335614	Mental Health Block Grant	$	14,200,000	$	14,200,000	101177
3B10	335635	Community Medicaid Expansion	$	346,200,000	$	0	101178
TOTAL FED Federal Special Revenue Fund Group			$	421,571,652	$	75,371,652	101179

State Special Revenue Fund Group	101180

2320	333621	Family and Children First Administration	$	448,286	$	432,197	101181
4850	333632	Mental Health Operating	$	134,233	$	134,233	101182
4X50	333607	Behavioral Health Medicaid Services	$	3,000,624	$	3,000,624	101183
5V20	333611	Non-Federal Miscellaneous	$	100,000	$	100,000	101184
4850	334632	Mental Health Operating	$	2,477,500	$	2,477,500	101185
5AU0	335615	Behavioral Healthcare	$	6,690,000	$	6,690,000	101186
6320	335616	Community Capital Replacement	$	350,000	$	350,000	101187
TOTAL SSR State Special Revenue Fund Group			$	13,200,643	$	13,184,554	101188
TOTAL ALL BUDGET FUND GROUPS			$	1,080,253,266	$	544,505,553	101189

Section 337.10.10. FORENSIC SERVICES

101191

The foregoing appropriation item 332401, Forensic Services,	101192
shall be used to provide forensic psychiatric evaluations to	101193
courts of common pleas and to conduct evaluations of patients of	101194
forensic status in facilities operated or designated by the	101195
Department of Mental Health prior to conditional release to the	101196
community. A portion of this appropriation may be allocated	101197
through community mental health boards to certified community	101198
agencies in accordance with a distribution methodology as	101199
determined by the Director of Mental Health.	101200

In addition, appropriation item 332401, Forensic Services,	101201
may be used to provide forensic monitoring and tracking of	101202
individuals on conditional release and forensic training, and to	101203
support projects that assist courts and law enforcement to	101204
identify and develop appropriate alternative services to	101205
incarceration for nonviolent mentally ill offenders, and to	101206
provide specialized re-entry services to offenders leaving prisons	101207
and jails.	101208

Section 337.20.10. RESIDENCY TRAINEESHIP PROGRAMS

101209

The foregoing appropriation item 333402, Resident Trainees,	101210
shall be used to fund training agreements entered into by the	101211
Director of Mental Health for the development of curricula and the	101212
provision of training programs to support public mental health	101213
services.	101214

Section 337.20.20. PRE-ADMISSION SCREENING EXPENSES

101215

The foregoing appropriation item 333403, Pre-Admission	101216
Screening Expenses, shall be used to ensure that uniform statewide	101217
methods for pre-admission screening are in place for persons who	101218
have severe mental illness and are referred for long-term Medicaid	101219
certified nursing facility placement. Pre-admission screening	101220
includes the following activities: pre-admission assessment,	101221
consideration of continued stay requests, discharge planning and	101222
referral, and adjudication of appeals and grievance procedures.	101223

Section 337.20.30. LEASE-RENTAL PAYMENTS

101224

The foregoing appropriation item 333415, Lease-Rental	101225
Payments, shall be used to meet all payments at the times they are	101226
required to be made during the period from July 1, 2011, through	101227
June 30, 2013, by the Department of Mental Health under leases and	101228
agreements made under section 154.20 of the Revised Code. These	101229
appropriations are the source of funds pledged for bond service	101230
charges on obligations issued pursuant to Chapter 154. of the	101231
Revised Code.	101232

Section 337.20.50. HOSPITAL SERVICES

101233

The foregoing appropriation item 334412, Hospital Services,	101234
shall be used for the operation of the Department of Mental Health	101235
State Regional Psychiatric Hospitals, including, but not limited	101236
to, all aspects involving civil and forensic commitment,	101237
treatment, and discharge as determined by the Director of Mental	101238
Health. A portion of this appropriation may be used by the	101239
Department of Mental Health to create, purchase, or contract for	101240
the custody, supervision, control, and treatment of persons	101241
committed to the Department of Mental Health in other clinically	101242
appropriate environments, consistent with public safety.	101243

Section 337.20.60. FISCAL YEARS 2012 AND 2013 ALLOCATIONS OF	101244
STATE HOSPITAL FUNDS TO ADAMHS BOARDS	101245

(A) As used in this section:

101246

"Bed day" means a day for which a person receives inpatient	101247
hospitalization services in a state regional psychiatric hospital.	101248

"State regional psychiatric hospital" means a hospital that	101249
the Department of Mental Health maintains, operates, manages, and	101250
governs under section 5119.02 of the Revised Code for the care and	101251
treatment of mentally ill persons.	101252

(B) For fiscal years 2012 and 2013 and notwithstanding	101253
section 5119.62 of the Revised Code, the Director of Mental Health	101254
shall allocate a portion of the foregoing appropriation item	101255
334412, Hospital Services, to boards of alcohol, drug addiction,	101256
and mental health services. In consultation with the boards, the	101257
Director shall establish a methodology to be used in allocating	101258
the funds to boards. The allocation methodology shall include as	101259
factors at least the per diem cost of inpatient hospitalization	101260
services at state regional psychiatric hospitals and the estimated	101261
number of bed days that each board will incur in fiscal years 2012	101262
and 2013 in carrying out their duties under division (A)(12) of	101263
section 340.03 of the Revised Code. The Director may require each	101264
board to provide the Director with an estimate of the number of	101265
bed days the board will incur in fiscal years 2012 and 2013 for	101266
such purpose.	101267

(C) All of the following apply to the funds allocated to a	101268
board under this section:	101269

(1) Subject to divisions (C)(2) and (3) of this section, the	101270
board shall use the funds to pay for expenditures the board incurs	101271
in fiscal years 2012 and 2013 under division (A)(12) of section	101272
340.03 of the Revised Code in paying for inpatient hospitalization	101273
services provided by state regional psychiatric hospitals to	101274
persons involuntarily committed to the board pursuant to Chapter	101275
5122. of the Revised Code.	101276

(2) If the amount of the funds allocated to the board and	101277
used for the purpose specified in division (C)(1) of this section	101278
exceeds the amount that the board needs to pay for its	101279
expenditures identified in division (C)(1) of this section, the	101280
Director may permit the board to use the excess funds for the	101281
board's community mental health plan developed under division	101282
(A)(1)(c) of section 340.03 of the Revised Code.	101283

(3) If the Director approves, the board may have a portion of	101284
the funds deposited into the Department of Mental Health Risk	101285
Fund.	101286

(D) Notwithstanding the amendment by this act to section	101287
5119.62 of the Revised Code, the Department of Mental Health Risk	101288
Fund shall continue to exist in the state treasury for the purpose	101289
of this section until it is no longer needed. In addition to the	101290
money that is in the fund on the effective date of this section,	101291
the fund shall consist of money deposited into it pursuant to	101292
division (C)(3) of this section and all the fund's investment	101293
earnings. Money in the fund shall be used in accordance with	101294
guidelines that the Director shall develop in consultation with	101295
representatives of the boards.	101296

Section 337.30.10. FLEXIBLE FUNDING FOR FAMILIES AND CHILDREN

101297

In collaboration with the county family and children first	101298
council, a county board of alcohol, drug addiction, and mental	101299
health services or community mental health services board that	101300
receives allocations from the Department of Mental Health from	101301
appropriation item 335405, Family & Children First, may transfer	101302
portions of those allocations to a flexible funding pool as	101303
authorized by the section titled FAMILY AND CHILDREN FIRST	101304
FLEXIBLE FUNDING POOL.	101305

Section 337.30.20. COMMUNITY MEDICATION SUBSIDY

101306

The foregoing appropriation item 335419, Community Medication	101307
Subsidy, shall be used to provide subsidized support for	101308
psychotropic medication needs of indigent citizens in the	101309
community to reduce unnecessary hospitalization because of lack of	101310
medication and to provide subsidized support for methadone costs.	101311
This appropriation may be allocated to community mental health	101312
boards in accordance with a distribution methodology determined by	101313
the Director of Mental Health.	101314

Section 337.30.30. MENTAL HEALTH MEDICAID MATCH

101315

(A) As used in this section, "community mental health	101316
Medicaid services" means services provided under the component, or	101317
aspect of the component, of the Medicaid program that the	101318
Department of Mental Health administers pursuant to a contract	101319
entered into with the Department of Job and Family Services under	101320
section 5111.91 of the Revised Code.	101321

(B) Subject to division (C) of this section, the foregoing	101322
appropriation item 335501, Mental Health Medicaid Match, shall be	101323
used by the Department of Mental Health to make payments for	101324
community mental health Medicaid services.	101325

(C) For state fiscal year 2012, the Department shall allocate	101326
foregoing appropriation item 335501, Mental Health Medicaid Match,	101327
to boards of alcohol, drug addiction, and mental health services	101328
in accordance with a distribution methodology the Department shall	101329
establish. Notwithstanding sections 5111.911 and 5111.912 of the	101330
Revised Code, the boards shall use the funds allocated to them	101331
under this section to pay claims for community mental health	101332
Medicaid services provided during fiscal year 2012. The boards	101333
shall use all federal financial participation that the Department	101334
of Mental Health receives for claims paid for community mental	101335
health Medicaid services provided during fiscal year 2012 as the	101336
first payment source to pay claims for community mental health	101337
Medicaid services provided during fiscal year 2012. No board is	101338
required to use any funds other than the funds allocated to them	101339
under this section and the federal financial participation	101340
received for claims for community mental health Medicaid services	101341
provided during fiscal year 2012 to pay for such claims.	101342

(D) The Department shall enter into an agreement with each	101343
board regarding the issue of paying claims that are for community	101344
mental health Medicaid services provided before July 1, 2011, and	101345
submitted for payment on or after that date. Such claims shall be	101346
paid in accordance with the agreements. A board shall receive the	101347
federal financial participation received for claims for community	101348
mental health Medicaid services that were provided before July 1,	101349
2011, and paid by the board.	101350

Section 337.30.40. LOCAL MENTAL HEALTH SYSTEMS OF CARE

101351

The foregoing appropriation item 335505, Local Mental Health	101352
Systems of Care, shall be used by community mental health boards	101353
to purchase mental health services permitted under Chapter 340. of	101354
the Revised Code.	101355

Section 337.30.50. RESIDENTIAL STATE SUPPLEMENT

101356

(A)(1) On the effective date of this section, the Residential	101357
State Supplement Program is transferred from the Department of	101358
Aging to the Department of Mental Health. The transferred program	101359
is thereupon and thereafter successor to, assumes the obligations	101360
of, and otherwise constitutes the continuation of the program as	101361
it was operated immediately prior to the effective date of this	101362
section. The transfer shall not affect persons receiving payments	101363
under the program on the effective date of this section.	101364

(2) Any business of the program commenced but not completed	101365
before the effective date of this section shall be completed by	101366
the Department of Mental Health. The business shall be completed	101367
in the same manner, and with the same effect, as if completed by	101368
the Department of Aging immediately prior to the effective date of	101369
this section. No validation, cure, right, privilege, remedy,	101370
obligation, or liability pertaining to the program is lost or	101371
impaired by reason of the program's transfer to the Department of	101372
Mental Health. Each such validation, cure, right, privilege,	101373
remedy, obligation, or liability shall be administered by the	101374
Department of Mental Health pursuant to sections 5119.69,	101375
5119.691, and 5119.692 of the Revised Code.	101376

(3) All rules, orders, and determinations pertaining to the	101377
program as it was operated immediately prior to the effective date	101378
of this section continue in effect as rules, orders, and	101379
determinations of the Department of Mental Health until modified	101380
or rescinded by the Department of Mental Health. If necessary to	101381
ensure the integrity of the numbering system of the Administrative	101382
Code, the Director of the Legislative Service Commission shall	101383
renumber the rules to reflect the transfer of the Residential	101384
State Supplement Program from the Department of Aging to the	101385
Department of Mental Health.	101386

(4) Any action or proceeding that is related to the functions	101387
or duties of the Residential State Supplement Program pending on	101388
the effective date of this section is not affected by the transfer	101389
of the program and shall be prosecuted or defended in the name of	101390
the Department of Mental Health. In all such actions and	101391
proceedings, the Department of Mental Health, on application to	101392
the court, shall be substituted as a party.	101393

(B) The foregoing appropriation item 335506, Residential	101394
State Supplement, may be used by the Department of Mental Health	101395
to provide training for adult care facilities serving residents	101396
with mental illness, to transfer cash to the Nursing Home	101397
Franchise Permit Fee Fund (Fund 5R20) used by the Department of	101398
Job and Family Services, and to make benefit payments to	101399
residential state supplement recipients. Under the Residential	101400
State Supplement Program, the amount used to determine whether a	101401
resident is eligible for payment, and for determining the amount	101402
per month the eligible resident will receive, shall be as follows:	101403

(1) $927 for a residential care facility, as defined in	101404
section 3721.01 of the Revised Code;	101405

(2) $927 for an adult group home, as defined in section	101406
5119.70 of the Revised Code;	101407

(3) $824 for an adult foster home, as defined in section	101408
5119.692 of the Revised Code;	101409

(4) $824 for an adult family home, as defined in section	101410
5119.70 of the Revised Code;	101411

(5) $824 for a residential facility, as identified in	101412
division (C)(1)(c) of section 5119.69 of the Revised Code; and	101413

(6) $618 for community mental health housing services, as	101414
identified in division (C)(1)(d) of section 5119.69 of the Revised	101415
Code.	101416

The Department of Mental Health shall reflect these amounts	101417
in any applicable rules the Department adopts under section	101418
5119.69 of the Revised Code.	101419

Section 337.30.60. BEHAVIORAL HEALTH MEDICAID SERVICES

101420

The Department of Mental Health shall administer specified	101421
Medicaid services as delegated by the Department of Job and Family	101422
Services in an interagency agreement. The foregoing appropriation	101423
item 333607, Behavioral Health Medicaid Services, may be used to	101424
make payments for free-standing psychiatric hospital inpatient	101425
services as defined in an interagency agreement with the	101426
Department of Job and Family Services.	101427

Section 337.30.70. FAMILY AND CHILDREN FIRST FLEXIBLE FUNDING	101428
POOL	101429

A county family and children first council may establish and	101430
operate a flexible funding pool in order to assure access to	101431
needed services by families, children, and older adults in need of	101432
protective services. The operation of the flexible funding pools	101433
shall be subject to the following restrictions:	101434

(A) The county council shall establish and operate the	101435
flexible funding pool in accordance with formal guidance issued by	101436
the Family and Children First Cabinet Council;	101437

(B) The county council shall produce an annual report on its	101438
use of the pooled funds. The annual report shall conform to a	101439
format prescribed in the formal guidance issued by the Family and	101440
Children First Cabinet Council;	101441

(C) Unless otherwise restricted, funds transferred to the	101442
flexible funding pool may include state general revenues allocated	101443
to local entities to support the provision of services to families	101444
and children;	101445

(D) The amounts transferred to the flexible funding pool	101446
shall be limited to amounts that can be redirected without	101447
impairing the achievement of the objectives for which the initial	101448
allocation is designated; and	101449

(E) Each amount transferred to the flexible funding pool from	101450
a specific allocation shall be approved for transfer by the	101451
director of the local agency that was the original recipient of	101452
the allocation.	101453

Section 337.30.75. TRANSITION FOR CURRENTLY CERTIFIED ADULT	101454
FOSTER HOMES	101455

On the effective date of this section, the certification of	101456
adult foster homes is transferred from the Department of Aging to	101457
the Department of Mental Health. A certification that was issued	101458
by the Director of Aging to an adult foster home under former	101459
section 175.36 of the Revised Code and that is current and valid	101460
on the effective date of section 5119.692 of the Revised Code, as	101461
enacted by this act, is deemed to be a certificate issued by the	101462
Director of Mental Health under those sections.	101463

Any business regarding the certification of adult foster	101464
homes commenced but not completed before the effective date of	101465
this section shall be completed by the Department of Mental	101466
Health. The business shall be completed in the same manner, and	101467
with the same effect, as if completed by the Department of Aging	101468
immediately prior to the effective date of this section.	101469

No validation, cure, right, privilege, remedy, obligation, or	101470
liability is lost or impaired by reason of this act's transfer of	101471
responsibility to the Department of Mental Health, from the	101472
Department of Aging, for the certification of adult foster homes.	101473

Each such validation, cure, right, privilege, remedy,	101474
obligation, or liability shall be administered by the Department	101475
of Mental Health pursuant to section 5119.692 of the Revised Code.	101476

All rules, orders, and determinations pertaining to the	101477
certification of adult foster homes as it was operated immediately	101478
prior to the effective date of this section shall continue in	101479
effect as rules, orders, and determinations of the Department of	101480
Mental Health until modified or rescinded by the Department of	101481
Mental Health. If necessary to ensure the integrity of the	101482
numbering system of the Administrative Code, the Director of the	101483
Legislative Service Commission shall renumber the rules to reflect	101484
the transfer of the certification of adult foster homes from the	101485
Department of Aging to the Department of Mental Health.	101486

Any action or proceeding that is related to the functions or	101487
duties of the certification of adult foster homes pending on the	101488
effective date of this section is not affected by the transfer of	101489
the certification and shall be prosecuted or defended in the name	101490
of the Department of Mental Health. In all such actions and	101491
proceedings, the Department of Mental Health, on application to	101492
the court, shall be substituted as a party.	101493

Section 337.30.80. TRANSITION FOR CURRENTLY LICENSED ADULT	101494
CARE FACILITIES	101495

On the effective date of this section, the licensing of adult	101496
care facilities is transferred from the Department of Health to	101497
the Department of Mental Health. A license that was issued by the	101498
Director of Health to an adult care facility under former Chapter	101499
3722. of the Revised Code and that is current and valid on the	101500
effective date of sections 5119.70 to 5119.88 of the Revised Code,	101501
as enacted by this act, is deemed to be a license issued by the	101502
Director of Mental Health under those sections.	101503

Any business regarding the licensing of adult care facilities	101504
commenced but not completed before the effective date of this	101505
section shall be completed by the Department of Mental Health. The	101506
business shall be completed in the same manner, and with the same	101507
effect, as if completed by the Department of Health immediately	101508
prior to the effective date of this section.	101509

No validation, cure, right, privilege, remedy, obligation, or	101510
liability is lost or impaired by reason of this act's transfer of	101511
responsibility to the Department of Mental Health, from the	101512
Department of Health, for the licensing of adult care facilities.	101513
Each such validation, cure, right, privilege, remedy, obligation,	101514
or liability shall be administered by the Department of Mental	101515
Health pursuant to sections 5119.70 to 5119.88 of the Revised	101516
Code.	101517

All rules, orders, and determinations pertaining to the	101518
licensing of adult care facilities as it was operated immediately	101519
prior to the effective date of this section shall continue in	101520
effect as rules, orders, and determinations of the Department of	101521
Mental Health until modified or rescinded by the Department of	101522
Mental Health. If necessary to ensure the integrity of the	101523
numbering system of the Administrative Code, the Director of the	101524
Legislative Service Commission shall renumber the rules to reflect	101525
the transfer of the licensing of adult care facilities from the	101526
Department of Health to the Department of Mental Health.	101527

Any action or proceeding that is related to the functions or	101528
duties of the licensing of adult care facilities pending on the	101529
effective date of this section is not affected by the transfer of	101530
the licensing and shall be prosecuted or defended in the name of	101531
the Department of Mental Health. In all such actions and	101532
proceedings, the Department of Mental Health, on application to	101533
the court, shall be substituted as a party.	101534

Section 339.10. MIH COMMISSION ON MINORITY HEALTH

101535

General Revenue Fund	101536

GRF	149321	Operating Expenses	$	423,588	$	408,990	101537
GRF	149501	Minority Health Grants	$	1,061,600	$	1,061,600	101538
GRF	149502	Lupus Program	$	110,047	$	110,047	101539
TOTAL GRF General Revenue Fund			$	1,595,235	$	1,580,637	101540

Federal Special Revenue Fund Group	101541

3J90	149602	Federal Grants	$	140,000	$	140,000	101542
TOTAL FED Federal Special Revenue							101543
Fund Group			$	140,000	$	140,000	101544

State Special Revenue Fund Group	101545

4C20	149601	Minority Health Conference	$	25,000	$	25,000	101546
TOTAL SSR State Special Revenue							101547
Fund Group			$	25,000	$	25,000	101548
TOTAL ALL BUDGET FUND GROUPS			$	1,760,235	$	1,745,637	101549

Section 341.10. CRB MOTOR VEHICLE COLLISION REPAIR	101551
REGISTRATION BOARD	101552

General Services Fund Group	101553

4K90	865601	Operating Expenses	$	331,841	$	324,292	101554
TOTAL GSF General Services							101555
Fund Group			$	331,841	$	324,292	101556
TOTAL ALL BUDGET FUND GROUPS			$	331,841	$	324,292	101557

Section 343.10. DNR DEPARTMENT OF NATURAL RESOURCES

101559

General Revenue Fund	101560

GRF	725401	Wildlife-GRF Central Support	$	1,800,000	$	1,800,000	101561
GRF	725413	Lease Rental Payments	$	20,568,600	$	19,734,700	101562
GRF	725456	Canal Lands	$	135,000	$	135,000	101563
GRF	725502	Soil and Water Districts	$	2,900,000	$	2,900,000	101564
GRF	725903	Natural Resources General Obligation Debt Service	$	5,375,300	$	25,209,100	101565
GRF	727321	Division of Forestry	$	4,878,338	$	4,880,000	101566
GRF	729321	Office of Information Technology	$	194,118	$	197,117	101567
GRF	730321	Division of Parks and Recreation	$	30,000,000	$	30,000,000	101568
GRF	736321	Division of Engineering	$	3,024,459	$	3,025,078	101569
GRF	737321	Division of Soil and Water Resources	$	4,982,961	$	4,983,356	101570
TOTAL GRF General Revenue Fund			$	73,858,776	$	92,864,351	101571

General Services Fund Group	101572

1550	725601	Departmental Projects	$	3,365,651	$	2,725,484	101573
1570	725651	Central Support Indirect	$	5,854,167	$	5,857,800	101574
2040	725687	Information Services	$	4,659,276	$	4,643,835	101575
2070	725690	Real Estate Services	$	128,040	$	128,040	101576
2230	725665	Law Enforcement Administration	$	2,106,776	$	2,126,432	101577
2270	725406	Parks Projects Personnel	$	436,500	$	436,500	101578
4300	725671	Canal Lands	$	907,618	$	907,879	101579
4D50	725618	Recycled Materials	$	50,000	$	50,000	101580
4S90	725622	NatureWorks Personnel	$	400,358	$	400,358	101581
4X80	725662	Water Resources Council	$	138,011	$	138,005	101582
5100	725631	Maintenance - State-owned Residences	$	303,611	$	303,611	101583
5160	725620	Water Management	$	2,541,565	$	2,559,292	101584
6350	725664	Fountain Square Facilities Management	$	3,544,623	$	3,548,445	101585
6970	725670	Submerged Lands	$	836,162	$	848,546	101586
TOTAL GSF General Services							101587
Fund Group			$	25,272,358	$	24,674,227	101588

Federal Special Revenue Fund Group	101589

3320	725669	Federal Mine Safety Grant	$	258,102	$	258,102	101590
3B30	725640	Federal Forest Pass-Thru	$	600,000	$	600,000	101591
3B40	725641	Federal Flood Pass-Thru	$	600,000	$	600,000	101592
3B50	725645	Federal Abandoned Mine Lands	$	21,007,667	$	21,207,667	101593
3B60	725653	Federal Land and Water Conservation Grants	$	1,150,000	$	1,150,000	101594
3B70	725654	Reclamation - Regulatory	$	3,200,000	$	3,200,000	101595
3P10	725632	Geological Survey - Federal	$	692,401	$	692,401	101596
3P20	725642	Oil and Gas-Federal	$	234,509	$	234,509	101597
3P30	725650	Coastal Management - Federal	$	3,290,633	$	3,290,633	101598
3P40	725660	Federal - Soil and Water Resources	$	1,213,048	$	1,209,957	101599
3R50	725673	Acid Mine Drainage Abatement/Treatment	$	2,025,001	$	2,025,001	101600
3Z50	725657	Federal Recreation and Trails	$	1,850,000	$	1,850,000	101601
TOTAL FED Federal Special Revenue							101602
Fund Group			$	36,121,361	$	36,318,270	101603

State Special Revenue Fund Group	101604

4J20	725628	Injection Well Review	$	130,899	$	128,466	101605
4M70	725686	Wildfire Suppression	$	100,000	$	100,000	101606
4U60	725668	Scenic Rivers Protection	$	100,000	$	100,000	101607
5090	725602	State Forest	$	7,891,747	$	7,058,793	101608
5110	725646	Ohio Geological Mapping	$	704,777	$	705,130	101609
5120	725605	State Parks Operations	$	32,284,117	$	31,550,444	101610
5140	725606	Lake Erie Shoreline	$	1,502,654	$	1,505,983	101611
5180	725643	Oil and Gas Permit Fees	$	4,871,970	$	4,873,645	101612
5180	725677	Oil and Gas Well Plugging	$	800,000	$	800,000	101613
5210	725627	Off-Road Vehicle Trails	$	143,490	$	143,490	101614
5220	725656	Natural Areas and Preserves	$	546,580	$	546,639	101615
5260	725610	Strip Mining Administration Fee	$	2,000,000	$	2,000,000	101616
5270	725637	Surface Mining Administration	$	1,940,977	$	1,941,532	101617
5290	725639	Unreclaimed Land Fund	$	2,004,180	$	2,004,180	101618
5310	725648	Reclamation Forfeiture	$	1,423,000	$	1,423,000	101619
5320	725644	Litter Control and Recycling	$	4,926,730	$	4,911,575	101620
5860	725633	Scrap Tire Program	$	1,497,645	$	1,497,645	101621
5B30	725674	Mining Regulation	$	28,135	$	28,135	101622
5BV0	725683	Soil and Water Districts	$	8,000,000	$	8,000,000	101623
5CU0	725647	Mine Safety	$	3,000,000	$	3,000,000	101624
5EJ0	725608	Forestry Law Enforcement	$	1,000	$	1,000	101625
5EK0	725611	Natural Areas & Preserves Law Enforcement	$	1,000	$	1,000	101626
5EL0	725612	Wildlife Law Enforcement	$	12,000	$	12,000	101627
5EM0	725613	Park Law Enforcement	$	34,000	$	34,000	101628
5EN0	725614	Watercraft Law Enforcement	$	2,500	$	2,500	101629
5HK0	725625	Ohio Nature Preserves	$	1,000	$	1,000	101630
6150	725661	Dam Safety	$	925,344	$	926,028	101631
TOTAL SSR State Special Revenue							101632
Fund Group			$	74,873,745	$	73,296,185	101633

Clean Ohio Conservation Fund Group	101634

7061	725405		Clean Ohio Operating		$	300,775		$	300,775		101635
TOTAL CLF Clean Ohio Conservation Fund Group					$	300,775		$	300,775		101636

Wildlife Fund Group	101637

5P20	725634	Wildlife Boater Angler Administration	$	4,000,000	$	4,000,000	101638
7015	740401	Division of Wildlife Conservation	$	52,721,044	$	51,669,158	101639
8150	725636	Cooperative Management Projects	$	120,449	$	120,449	101640
8160	725649	Wetlands Habitat	$	966,885	$	966,885	101641
8170	725655	Wildlife Conservation Checkoff Fund	$	3,240,000	$	3,240,000	101642
8180	725629	Cooperative Fisheries Research	$	1,500,000	$	1,500,000	101643
8190	725685	Ohio River Management	$	128,584	$	128,584	101644
TOTAL WLF Wildlife Fund Group			$	62,676,962	$	61,625,076	101645

Waterways Safety Fund Group	101646

7086	725414	Waterways Improvement	$	4,192,601	$	4,193,671	101647
7086	725418	Buoy Placement	$	52,182	$	52,182	101648
7086	725501	Waterway Safety Grants	$	120,000	$	120,000	101649
7086	725506	Watercraft Marine Patrol	$	576,153	$	576,153	101650
7086	725513	Watercraft Educational Grants	$	366,643	$	366,643	101651
7086	739401	Division of Watercraft	$	18,040,593	$	17,552,370	101652
TOTAL WSF Waterways Safety Fund							101653
Group			$	23,348,172	$	22,861,019	101654

Accrued Leave Liability Fund Group	101655

4M80	725675	FOP Contract	$	20,219	$	20,219	101656
TOTAL ALF Accrued Leave							101657
Liability Fund Group			$	20,219	$	20,219	101658

Holding Account Redistribution Fund Group	101659

R017	725659	Performance Cash Bond Refunds	$	296,263	$	296,263	101660
R043	725624	Forestry	$	2,000,000	$	2,154,750	101661
TOTAL 090 Holding Account							101662
Redistribution Fund Group			$	2,296,263	$	2,451,013	101663
TOTAL ALL BUDGET FUND GROUPS			$	298,768,631	$	314,411,135	101664

Section 343.20. CENTRAL SUPPORT INDIRECT

101666

With the exception of the Division of Wildlife, whose direct	101667
and indirect central support charges shall be paid out of the	101668
General Revenue Fund from the foregoing appropriation item 725401,	101669
Wildlife-GRF Central Support, the Department of Natural Resources,	101670
with approval of the Director of Budget and Management, shall	101671
utilize a methodology for determining each division's payments	101672
into the Central Support Indirect Fund (Fund 1570). The	101673
methodology used shall contain the characteristics of	101674
administrative ease and uniform application in compliance with	101675
federal grant requirements. It may include direct cost charges for	101676
specific services provided. Payments to Fund 1570 shall be made	101677
using an intrastate transfer voucher.	101678

Section 343.30. WELL LOG FILING FEES

101679

The Chief of the Division of Soil and Water Resources shall	101680
deposit fees forwarded to the Division pursuant to section 1521.05	101681
of the Revised Code into the Departmental Services – Intrastate	101682
Fund (Fund 1550) for the purposes described in that section.	101683

Section 343.40. LEASE RENTAL PAYMENTS

101684

The foregoing appropriation item 725413, Lease Rental	101685
Payments, shall be used to meet all payments at the times they are	101686
required to be made during the period from July 1, 2011, through	101687
June 30, 2013, by the Department of Natural Resources pursuant to	101688
leases and agreements made under section 154.22 of the Revised	101689
Code. These appropriations are the source of funds pledged for	101690
bond service charges or obligations issued pursuant to Chapter	101691
154. of the Revised Code.	101692

CANAL LANDS

101693

The foregoing appropriation item 725456, Canal Lands, shall	101694
be used to transfer funds to the Canal Lands Fund (Fund 4300) to	101695
provide operating expenses for the State Canal Lands Program. The	101696
transfer shall be made using an intrastate transfer voucher and	101697
shall be subject to the approval of the Director of Budget and	101698
Management.	101699

NATURAL RESOURCES GENERAL OBLIGATION DEBT SERVICE

101700

The foregoing appropriation item 725903, Natural Resources	101701
General Obligation Debt Service, shall be used to pay all debt	101702
service and related financing costs during the period July 1,	101703
2011, through June 30, 2013, on obligations issued under sections	101704
151.01 and 151.05 of the Revised Code.	101705

Section 343.40.10. LAW ENFORCEMENT ADMINISTRATION

101706

The foregoing appropriation item 725665, Law Enforcement	101707
Administration, shall be used to cover the cost of support,	101708
coordination, and oversight of the Department of Natural	101709
Resources' law enforcement functions. The Law Enforcement	101710
Administration Fund (Fund 2230) shall consist of cash transferred	101711
to it via intrastate transfer voucher from other funds as	101712
determined by the Director of Natural Resources and the Director	101713
of Budget and Management.	101714

Section 343.40.20. FOUNTAIN SQUARE

101715

The foregoing appropriation item 725664, Fountain Square	101716
Facilities Management, shall be used for payment of repairs,	101717
renovation, utilities, property management, and building	101718
maintenance expenses for the Fountain Square complex. Cash	101719
transferred by intrastate transfer vouchers from various	101720
department funds and rental income received by the Department of	101721
Natural Resources shall be deposited into the Fountain Square	101722
Facilities Management Fund (Fund 6350).	101723

Section 343.40.30. SOIL AND WATER DISTRICTS

101724

In addition to state payments to soil and water conservation	101725
districts authorized by section 1515.10 of the Revised Code, the	101726
Department of Natural Resources may use appropriation item 725683,	101727
Soil and Water Districts, to pay any soil and water conservation	101728
district an annual amount not to exceed $40,000, upon receipt of a	101729
request and justification from the district and approval by the	101730
Ohio Soil and Water Conservation Commission. The county auditor	101731
shall credit the payments to the special fund established under	101732
section 1515.10 of the Revised Code for the local soil and water	101733
conservation district. Moneys received by each district shall be	101734
expended for the purposes of the district.	101735

OIL AND GAS WELL PLUGGING

101736

The foregoing appropriation item 725677, Oil and Gas Well	101737
Plugging, shall be used exclusively for the purposes of plugging	101738
wells and to properly restore the land surface of idle and orphan	101739
oil and gas wells pursuant to section 1509.071 of the Revised	101740
Code. No funds from the appropriation item shall be used for	101741
salaries, maintenance, equipment, or other administrative	101742
purposes, except for those costs directly attributed to the	101743
plugging of an idle or orphan well. This appropriation item shall	101744
not be used to transfer cash to any other fund or appropriation	101745
item.	101746

LITTER CONTROL AND RECYCLING

101747

Of the foregoing appropriation item 725644, Litter Control	101748
and Recycling, up to $1,500,000 may be used in each fiscal year	101749
for the administration of the Recycling and Litter Prevention	101750
Program.	101751

Section 343.40.40. CLEAN OHIO OPERATING EXPENSES

101752

The foregoing appropriation item 725405, Clean Ohio	101753
Operating, shall be used by the Department of Natural Resources in	101754
administering Clean Ohio Trail Fund (Fund 7061) projects pursuant	101755
to section 1519.05 of the Revised Code.	101756

Section 343.40.50. WATERCRAFT MARINE PATROL

101757

Of the foregoing appropriation item 739401, Division of	101758
Watercraft, up to $200,000 in each fiscal year shall be expended	101759
for the purchase of equipment for marine patrols qualifying for	101760
funding from the Department of Natural Resources pursuant to	101761
section 1547.67 of the Revised Code. Proposals for equipment shall	101762
accompany the submission of documentation for receipt of a marine	101763
patrol subsidy pursuant to section 1547.67 of the Revised Code and	101764
shall be loaned to eligible marine patrols pursuant to a	101765
cooperative agreement between the Department of Natural Resources	101766
and the eligible marine patrol.	101767

Section 343.40.60. TRANSFER FOR CAESAR CREEK MARINA

101768

On July 1, 2011, or as soon as possible thereafter, the	101769
Director of Natural Resources may request the Director of Budget	101770
and Management to transfer up to $4,000,000 in cash from the	101771
Watercraft Revolving Loan Fund (Fund 5AW0) to the Waterways Safety	101772
Fund (Fund 7086) to support a marina project at Caesar Creek State	101773
Park.	101774

Section 343.50. PARKS CAPITAL EXPENSES FUND

101775

The Director of Natural Resources shall submit to the	101776
Director of Budget and Management the estimated design,	101777
engineering, and planning costs of capital-related work to be done	101778
by Department of Natural Resources staff for parks projects within	101779
the Ohio Parks and Recreation Improvement Fund (Fund 7035). If the	101780
Director of Budget and Management approves the estimated costs,	101781
the Director may release appropriations from appropriation item	101782
C725E6, Project Planning, Fund 7035, for those purposes. Upon	101783
release of the appropriations, the Department of Natural Resources	101784
shall pay for these expenses from the Parks Capital Expenses Fund	101785
(Fund 2270). Expenses paid from Fund 2270 shall be reimbursed by	101786
Fund 7035 using an intrastate transfer voucher.	101787

NATUREWORKS CAPITAL EXPENSES FUND

101788

The Department of Natural Resources shall periodically	101789
prepare and submit to the Director of Budget and Management the	101790
estimated design, planning, and engineering costs of	101791
capital-related work to be done by Department of Natural Resources	101792
staff for each capital improvement project within the Ohio Parks	101793
and Natural Resources Fund (Fund 7031). If the Director of Budget	101794
and Management approves the estimated costs, the Director may	101795
release appropriations from appropriation item C725E5, Project	101796
Planning, in Fund 7031, for those purposes. Upon release of the	101797
appropriations, the Department of Natural Resources shall pay for	101798
these expenses from the Capital Expenses Fund (Fund 4S90).	101799
Expenses paid from Fund 4S90 shall be reimbursed by Fund 7031 by	101800
using an intrastate transfer voucher.	101801

Section 345.10. NUR STATE BOARD OF NURSING

101802

General Services Fund Group	101803

4K90	884609	Operating Expenses	$	6,943,322	$	6,680,896	101804
5AC0	884602	Nurse Education Grant Program	$	1,373,506	$	1,373,506	101805
5P80	884601	Nursing Special Issues	$	5,000	$	5,000	101806
TOTAL GSF General Services							101807
Fund Group			$	8,321,828	$	8,059,402	101808
TOTAL ALL BUDGET FUND GROUPS			$	8,321,828	$	8,059,402	101809

Section 347.10. PYT OCCUPATIONAL THERAPY, PHYSICAL THERAPY,	101811
AND ATHLETIC TRAINERS BOARD	101812

General Services Fund Group	101813

4K90	890609	Operating Expenses	$	874,087	$	866,169	101814
TOTAL GSF General Services Fund Group			$	874,087	$	866,169	101815
TOTAL ALL BUDGET FUND GROUPS			$	874,087	$	866,169	101816

Section 349.10. OLA OHIOANA LIBRARY ASSOCIATION

101818

General Revenue Fund	101819

GRF	355501	Library Subsidy	$	120,000	$	120,000	101820
TOTAL GRF General Revenue Fund			$	120,000	$	120,000	101821
TOTAL ALL BUDGET FUND GROUPS			$	120,000	$	120,000	101822

Section 351.10. ODB OHIO OPTICAL DISPENSERS BOARD

101824

General Services Fund Group	101825

4K90	894609	Operating Expenses	$	357,039	$	347,300	101826
TOTAL GSF General Services							101827
Fund Group			$	357,039	$	347,300	101828
TOTAL ALL BUDGET FUND GROUPS			$	357,039	$	347,300	101829

Section 353.10. OPT STATE BOARD OF OPTOMETRY

101831

General Services Fund Group	101832

4K90	885609	Operating Expenses	$	356,914	$	347,278	101833
TOTAL GSF General Services							101834
Fund Group			$	356,914	$	347,278	101835
TOTAL ALL BUDGET FUND GROUPS			$	356,914	$	347,278	101836

Section 355.10. OPP STATE BOARD OF ORTHOTICS, PROSTHETICS,	101838
AND PEDORTHICS	101839

General Services Fund Group	101840

4K90	973609	Operating Expenses	$	126,340	$	114,218	101841
TOTAL GSF General Services							101842
Fund Group			$	126,340	$	114,218	101843
TOTAL ALL BUDGET FUND GROUPS			$	126,340	$	114,218	101844

Section 357.10. UST PETROLEUM UNDERGROUND STORAGE TANK	101845
RELEASE COMPENSATION BOARD	101846

Agency Fund Group	101847

6910	810632	PUSTRCB Staff	$	1,162,179	$	1,123,014	101848
TOTAL AGY Agency Fund Group			$	1,162,179	$	1,123,014	101849
TOTAL ALL BUDGET FUND GROUPS			$	1,162,179	$	1,123,014	101850

Section 359.10. PRX STATE BOARD OF PHARMACY

101852

General Services Fund Group	101853

4A50	887605	Drug Law Enforcement	$	75,500	$	75,500	101854
4K90	887609	Operating Expenses	$	5,708,498	$	5,801,285	101855
TOTAL GSF General Services Fund Group			$	5,783,998	$	5,876,785	101856

Federal Special Revenue Fund Group	101857

3CT0	887606	2008 Developing/Enhancing PMP	$	70,775	$	0	101858
3DV0	887607	Enhancing Ohio's PMP	$	169,888	$	2,379	101859
3EY0	887603	Administration of PMIX Hub	$	320,637	$	66,335	101860
3EZ0	887610	NASPER 10	$	164,459		27,710	101861
TOTAL FED Federal Special Revenue Fund Group			$	725,759	$	96,424	101862
TOTAL ALL BUDGET FUND GROUPS			$	6,509,757	$	5,973,209	101863

Section 361.10. PSY STATE BOARD OF PSYCHOLOGY

101865

General Services Fund Group	101866

4K90	882609	Operating Expenses	$	525,394	$	535,406	101867
TOTAL GSF General Services							101868
Fund Group			$	525,394	$	535,406	101869
TOTAL ALL BUDGET FUND GROUPS			$	525,394	$	535,406	101870

Section 363.10. PUB OHIO PUBLIC DEFENDER COMMISSION

101872

General Revenue Fund	101873

GRF	019401	State Legal Defense Services	$	2,610,272	$	3,020,855	101874
GRF	019403	Multi-County: State Share	$	338,931	$	406,626	101875
GRF	019404	Trumbull County - State Share	$	99,321	$	119,158	101876
GRF	019405	Training Account	$	50,000	$	50,000	101877
GRF	019501	County Reimbursement	$	2,565,398	$	3,077,786	101878
TOTAL GRF General Revenue Fund			$	5,663,922	$	6,674,425	101879

General Services Fund Group	101880

4070	019604	County Representation	$	231,076	$	231,754	101881
4080	019605	Client Payments	$	1,052,919	$	953,492	101882
5CX0	019617	Civil Case Filing Fee	$	708,654	$	705,713	101883
TOTAL GSF General Services							101884
Fund Group			$	1,992,649	$	1,890,959	101885

Federal Special Revenue Fund Group	101886

3S80	019608	Federal Representation	$	341,733	$	263,431	101887
TOTAL FED Federal Special Revenue							101888
Fund Group			$	341,733	$	263,431	101889

State Special Revenue Fund Group	101890

4C70	019601	Multi-County: County Share	$	3,324,009	$	3,333,014	101891
4N90	019613	Gifts and Grants	$	35,000	$	35,000	101892
4X70	019610	Trumbull County - County Share	$	974,069	$	976,612	101893
5740	019606	Civil Legal Aid	$	24,000,000	$	27,000,000	101894
5DY0	019618	Indigent Defense Support - County Share	$	42,195,000	$	43,125,000	101895
5DY0	019619	Indigent Defense Support Fund - State Office	$	6,521,723	$	6,096,759	101896
TOTAL SSR State Special Revenue							101897
Fund Group			$	77,049,801	$	80,566,385	101898
TOTAL ALL BUDGET FUND GROUPS			$	85,048,105	$	89,395,200	101899

INDIGENT DEFENSE OFFICE

101900

The foregoing appropriation items 019404, Trumbull County -	101901
State Share, and 019610, Trumbull County - County Share, shall be	101902
used to support an indigent defense office for Trumbull County.	101903

MULTI-COUNTY OFFICE

101904

The foregoing appropriation items 019403, Multi-County: State	101905
Share, and 019601, Multi-County: County Share, shall be used to	101906
support the Office of the Ohio Public Defender's Multi-County	101907
Branch Office Program.	101908

TRAINING ACCOUNT

101909

The foregoing appropriation item 019405, Training Account,	101910
shall be used by the Ohio Public Defender to provide legal	101911
training programs at no cost for private appointed counsel who	101912
represent at least one indigent defendant at no cost and for state	101913
and county public defenders and attorneys who contract with the	101914
Ohio Public Defender to provide indigent defense services.	101915

FEDERAL REPRESENTATION

101916

The foregoing appropriation item 019608, Federal	101917
Representation, shall be used to receive reimbursements from the	101918
federal courts when the Ohio Public Defender provides	101919
representation in federal court cases and to support	101920
representation in such cases.	101921

Section 365.10. PUC PUBLIC UTILITIES COMMISSION OF OHIO

101922

General Services Fund Group	101923

5F60	870622	Utility and Railroad Regulation	$	30,637,234	$	31,638,708	101924
5F60	870624	NARUC/NRRI Subsidy	$	158,000	$	158,000	101925
5F60	870625	Motor Transportation Regulation	$	4,976,641	$	5,971,218	101926
5Q50	870626	Telecommunications Relay Service	$	5,000,000	$	5,000,000	101927
TOTAL GSF General Services							101928
Fund Group			$	40,771,875	$	42,767,926	101929

Federal Special Revenue Fund Group	101930

3330	870601	Gas Pipeline Safety	$	597,959	$	597,959	101931
3500	870608	Motor Carrier Safety	$	7,351,660	$	7,351,660	101932
3CU0	870627	Electric Market Modeling	$	91,183	$	0	101933
3EA0	870630	Energy Assurance Planning	$	384,000	$	384,000	101934
3ED0	870631	State Regulators Assistance	$	231,824	$	231,824	101935
3V30	870604	Commercial Vehicle Information Systems/Networks	$	100,000	$	100,000	101936
TOTAL FED Federal Special Revenue							101937
Fund Group			$	8,756,626	$	8,665,443	101938

State Special Revenue Fund Group	101939

4A30	870614	Grade Crossing Protection Devices-State	$	1,347,357	$	1,347,357	101940
4L80	870617	Pipeline Safety-State	$	181,992	$	181,992	101941
4S60	870618	Hazardous Material Registration	$	450,395	$	450,395	101942
4S60	870621	Hazardous Materials Base State Registration	$	373,346	$	373,346	101943
4U80	870620	Civil Forfeitures	$	277,347	$	277,496	101944
5590	870605	Public Utilities Territorial Administration	$	3,880	$	3,880	101945
5600	870607	Special Assessment	$	97,000	$	97,000	101946
5610	870606	Power Siting Board	$	631,508	$	631,618	101947
5BP0	870623	Wireless 9-1-1 Administration	$	36,440,000	$	18,220,000	101948
5HD0	870629	Radioactive Waste Transportation	$	98,800	$	98,800	101949
6380	870611	Biofuels/Municipal Waste Technology	$	570	$	0	101950
6610	870612	Hazardous Materials Transportation	$	898,800	$	898,800	101951
TOTAL SSR State Special Revenue							101952
Fund Group			$	40,800,995	$	22,580,684	101953
TOTAL ALL BUDGET FUND GROUPS			$	90,329,496	$	74,014,053	101954

Section 367.10. PWC PUBLIC WORKS COMMISSION

101956

General Revenue Fund	101957

GRF	150904	Conservation General Obligation Debt Service	$	21,953,000	$	29,297,300	101958
GRF	150907	State Capital Improvements	$	106,770,600	$	215,571,100	101959
		General Obligation Debt Service					101960
TOTAL GRF General Revenue Fund			$	128,723,600	$	244,868,400	101961

State Special Revenue Fund Group	101962

5KJ0	150600		Local Government Integrating and Innovation		$	50,000,000		$	50,000,000		101963
TOTAL SSR State Special Revenue Fund Group					$	50,000,000		$	50,000,000		101964

Clean Ohio Conservation Fund Group	101965

7056	150403		Clean Ohio Operating Expenses		$	300,000		$	288,980		101966
TOTAL 056 Clean Ohio Conservation Fund Group					$	300,000		$	288,980		101967

TOTAL ALL BUDGET FUND GROUPS

179,023,600

295,157,380

101968

CONSERVATION GENERAL OBLIGATION DEBT SERVICE

101969

The foregoing appropriation item 150904, Conservation General	101970
Obligation Debt Service, shall be used to pay all debt service and	101971
related financing costs during the period from July 1, 2011,	101972
through June 30, 2013, at the times they are required to be made	101973
for obligations issued under sections 151.01 and 151.09 of the	101974
Revised Code.	101975

STATE CAPITAL IMPROVEMENTS GENERAL OBLIGATION DEBT SERVICE

101976

The foregoing appropriation item 150907, State Capital	101977
Improvements General Obligation Debt Service, shall be used to pay	101978
all debt service and related financing costs during the period	101979
from July 1, 2011, through June 30, 2013, at the times they are	101980
required to be made for obligations issued under sections 151.01	101981
and 151.08 of the Revised Code.	101982

LOCAL GOVERNMENT INTEGRATING AND INNOVATION

101983

The foregoing appropriation item 150600, Local Government	101984
Integrating and Innovation, shall be used to make awards to	101985
political subdivisions pursuant to section 164.30 of the Revised	101986
Code.	101987

CLEAN OHIO OPERATING EXPENSES

101988

The foregoing appropriation item 150403, Clean Ohio Operating	101989
Expenses, shall be used by the Ohio Public Works Commission in	101990
administering Clean Ohio Conservation Fund (Fund 7056) projects	101991
pursuant to sections 164.20 to 164.27 of the Revised Code.	101992

REIMBURSEMENT TO THE GENERAL REVENUE FUND

101993

(A) On or before July 15, 2013, the Director of the Public	101994
Works Commission shall certify to the Director of Budget and	101995
Management the following:	101996

(1) The total amount disbursed from appropriation item	101997
700409, Farmland Preservation, during the FY 2012-FY 2013	101998
biennium; and	101999

(2) The amount of interest earnings that have been credited	102000
to the Clean Ohio Conservation Fund (Fund 7056) that are in excess	102001
of the amount needed for other purposes as calculated by the	102002
Director of the Public Works Commission.	102003

(B) If the Director of Budget and Management determines under	102004
division (A)(2) of this section that there are excess interest	102005
earnings, the Director of Budget and Management shall, on or	102006
before July 15, 2013, transfer the excess interest earnings to the	102007
General Revenue Fund in an amount equal to the total amount	102008
disbursed under division (A)(1) of this section from the Clean	102009
Ohio Conservation Fund (Fund 7056).	102010

Section 369.10. RAC STATE RACING COMMISSION

102011

State Special Revenue Fund Group	102012

5620	875601	Thoroughbred Race Fund	$	1,796,328	$	1,696,456	102013
5630	875602	Standardbred Development Fund	$	1,697,418	$	1,697,452	102014
5640	875603	Quarter Horse Development Fund	$	1,000	$	1,000	102015
5650	875604	Racing Commission Operating	$	3,095,331	$	2,934,178	102016
5C40	875607	Simulcast Horse Racing Purse	$	12,000,000	$	12,000,000	102017
TOTAL SSR State Special Revenue							102018
Fund Group			$	18,590,078	$	18,329,087	102019

Holding Account Redistribution Fund Group	102020

R021	875605	Bond Reimbursements	$	100,000	$	100,000	102021
TOTAL 090 Holding Account Redistribution							102022
Fund Group			$	100,000	$	100,000	102023
TOTAL ALL BUDGET FUND GROUPS			$	18,690,078	$	18,429,087	102024

Section 371.10. BOR BOARD OF REGENTS

102026

General Revenue Fund	102027

GRF	235321	Operating Expenses	$	2,300,000	$	2,300,000	102028
GRF	235401	Lease Rental Payments	$	83,151,600	$	57,634,400	102029
GRF	235402	Sea Grants	$	285,000	$	285,000	102030
GRF	235406	Articulation and Transfer	$	2,000,000	$	2,000,000	102031
GRF	235408	Midwest Higher Education Compact	$	95,000	$	95,000	102032
GRF	235409	Information System	$	800,000	$	800,000	102033
GRF	235414	State Grants and Scholarship Administration	$	1,230,000	$	1,230,000	102034
GRF	235417	Ohio Learning Network	$	2,532,688	$	2,532,688	102035
GRF	235428	Appalachian New Economy Partnership	$	737,366	$	737,366	102036
GRF	235433	Economic Growth Challenge	$	440,000	$	440,000	102037
GRF	235438	Choose Ohio First Scholarship	$	15,750,085	$	15,750,085	102038
GRF	235443	Adult Basic and Literacy Education - State	$	6,302,416	$	6,302,416	102039
GRF	235444	Post-Secondary Adult Career-Technical Education	$	15,317,547	$	15,317,547	102040
GRF	235474	Area Health Education Centers Program Support	$	900,000	$	900,000	102041
GRF	235501	State Share of Instruction	$	1,735,530,031	$	1,751,225,497	102042
GRF	235502	Student Support Services	$	632,974	$	632,974	102043
GRF	235504	War Orphans Scholarships	$	4,787,833	$	4,787,833	102044
GRF	235507	OhioLINK	$	6,100,000	$	6,100,000	102045
GRF	235508	Air Force Institute of Technology	$	1,740,803	$	1,740,803	102046
GRF	235510	Ohio Supercomputer Center	$	3,347,418	$	3,347,418	102047
GRF	235511	Cooperative Extension Service	$	22,220,910	$	22,220,910	102048
GRF	235514	Central State Supplement	$	11,503,651	$	10,928,468	102049
GRF	235515	Case Western Reserve University School of Medicine	$	2,146,253	$	2,146,253	102050
GRF	235519	Family Practice	$	3,166,185	$	3,166,185	102051
GRF	235520	Shawnee State Supplement	$	2,448,523	$	2,326,097	102052
GRF	235524	Police and Fire Protection	$	107,814	$	107,814	102053
GRF	235525	Geriatric Medicine	$	522,151	$	522,151	102054
GRF	235526	Primary Care Residencies	$	1,500,000	$	1,500,000	102055
GRF	235535	Ohio Agricultural Research and Development Center	$	33,100,000	$	33,100,000	102056
GRF	235536	The Ohio State University Clinical Teaching	$	9,668,941	$	9,668,941	102057
GRF	235537	University of Cincinnati Clinical Teaching	$	7,952,573	$	7,952,573	102058
GRF	235538	University of Toledo Clinical Teaching	$	6,198,600	$	6,198,600	102059
GRF	235539	Wright State University Clinical Teaching	$	3,011,400	$	3,011,400	102060
GRF	235540	Ohio University Clinical Teaching	$	2,911,212	$	2,911,212	102061
GRF	235541	Northeastern Ohio Universities College of Medicine Clinical Teaching	$	2,994,178	$	2,994,178	102062
GRF	235552	Capital Component	$	20,638,274	$	20,638,274	102063
GRF	235555	Library Depositories	$	1,440,342	$	1,440,342	102064
GRF	235556	Ohio Academic Resources Network	$	3,172,519	$	3,172,519	102065
GRF	235558	Long-term Care Research	$	195,300	$	195,300	102066
GRF	235563	Ohio College Opportunity Grant	$	80,284,265	$	80,284,265	102067
GRF	235572	The Ohio State University Clinic Support	$	766,533	$	766,533	102068
GRF	235599	National Guard Scholarship Program	$	16,912,271	$	16,912,271	102069
GRF	235909	Higher Education General Obligation Debt Service	$	108,262,500	$	201,555,000	102070
TOTAL GRF General Revenue Fund			$	2,225,105,156	$	2,307,878,313	102071

General Services Fund Group	102072

2200	235614	Program Approval and Reauthorization	$	1,311,567	$	1,457,959	102073
4560	235603	Sales and Services	$	199,250	$	199,250	102074
5JC0	235649	Co-op Internship Program	$	20,000,000		20,000,000	102075
TOTAL GSF General Services							102076
Fund Group			$	21,510,817	$	21,657,209	102077

Federal Special Revenue Fund Group	102078

3120	235609	Tech Prep	$	183,850	$	183,850	102079
3120	235611	Gear-up Grant	$	3,900,000	$	3,900,000	102080
3120	235612	Carl D. Perkins Grant/Plan Administration	$	912,961	$	912,961	102081
3120	235617	Improving Teacher Quality Grant	$	3,200,000	$	3,200,000	102082
3120	235641	Adult Basic and Literacy Education - Federal	$	14,835,671	$	14,835,671	102083
3120	235659	Race to the Top Scholarship Program	$	2,400,000	$	3,780,000	102084
3120	235660	Race to the Top Educator Preparation Reform Initiative	$	448,000	$	1,120,000	102085
3120	235661	Americorps Grant	$	260,000	$	260,000	102086
3H20	235608	Human Services Project	$	3,500,000	$	3,500,000	102087
3N60	235638	College Access Challenge Grant	$	4,381,431	$	4,381,431	102088
TOTAL FED Federal Special Revenue							102089
Fund Group			$	34,021,913	$	36,073,913	102090

State Special Revenue Fund Group	102091

4E80	235602	Higher Educational Facility Commission Administration	$	29,100	$	29,100	102092
5FR0	235640	Joyce Foundation Grant	$	919,719	$	919,719	102093
5FR0	235647	Developmental Education Initiatives	$	135,000	$	135,000	102094
5FR0	235657	Win-Win Grant	$	37,000	$	15,000	102095
5P30	235663	Variable Savings Plan	$	8,946,994	$	9,072,136	102096
6450	235664	Guaranteed Savings Plan	$	900,293	$	907,514	102097
6490	235607	The Ohio State University Highway/Transportation Research	$	500,000	$	500,000	102098
6820	235606	Nursing Loan Program	$	891,320	$	891,320	102099
TOTAL SSR State Special Revenue							102100
Fund Group			$	12,359,426	$	12,469,789	102101

Third Frontier Research & Development Fund Group	102102

7011	235634	Research Incentive Third Frontier Fund	$	8,000,000	$	8,000,000	102103
TOTAL 011 Third Frontier Research & Development Fund Group			$	8,000,000	$	8,000,000	102104
TOTAL ALL BUDGET FUND GROUPS			$	2,300,997,312	$	2,386,079,224	102105

Section 371.10.10. LEASE RENTAL PAYMENTS

102107

The foregoing appropriation item 235401, Lease Rental	102108
Payments, shall be used to meet all payments at the times they are	102109
required to be made during the period from July 1, 2011, through	102110
June 30, 2013, by the Chancellor of the Board of Regents under	102111
leases and agreements made under section 154.21 of the Revised	102112
Code. These appropriations are the source of funds pledged for	102113
bond service charges or obligations issued pursuant to Chapter	102114
154. of the Revised Code.	102115

Section 371.10.20. SEA GRANTS

102116

The foregoing appropriation item 235402, Sea Grants, shall be	102117
used as required matching Funds by The Ohio State University's Sea	102118
Grant program to enhance the economic value, public utilization,	102119
and responsible management of Lake Erie and Ohio's coastal	102120
resources.	102121

Section 371.10.30. ARTICULATION AND TRANSFER

102122

The foregoing appropriation item 235406, Articulation and	102123
Transfer, shall be used by the Chancellor of the Board of Regents	102124
to maintain and expand the work of the Articulation and Transfer	102125
Council to develop a system of transfer policies to ensure that	102126
students at state institutions of higher education can transfer	102127
and have coursework apply to their majors and degrees at any other	102128
state institution of higher education without unnecessary	102129
duplication or institutional barriers under sections 3333.16,	102130
3333.161, and 3333.162 of the Revised Code.	102131

Section 371.10.40. MIDWEST HIGHER EDUCATION COMPACT

102132

The foregoing appropriation item 235408, Midwest Higher	102133
Education Compact, shall be distributed by the Chancellor of the	102134
Board of Regents under section 3333.40 of the Revised Code.	102135

Section 371.10.50. INFORMATION SYSTEM

102136

The foregoing appropriation item 235409, Information System,	102137
shall be used by the Chancellor of the Board of Regents to support	102138
the development and implementation of information technology	102139
solutions designed to improve the performance and services of the	102140
Chancellor of the Board of Regents and the University System of	102141
Ohio. Information technology solutions shall be provided by the	102142
Ohio Academic Research Network (OARnet).	102143

Section 371.10.60. STATE GRANTS AND SCHOLARSHIP	102144
ADMINISTRATION	102145

The foregoing appropriation item 235414, State Grants and	102146
Scholarship Administration, shall be used by the Chancellor of the	102147
Board of Regents to administer the following student financial aid	102148
programs: Ohio College Opportunity Grant, Ohio War Orphans'	102149
Scholarship, Nurse Education Assistance Loan Program, Ohio Safety	102150
Officers College Memorial Fund, and any other student financial	102151
aid programs created by the General Assembly. The appropriation	102152
item also shall be used to support all state financial aid audits	102153
and student financial aid programs created by Congress, and to	102154
provide fiscal services for the Ohio National Guard Scholarship	102155
Program.	102156

Section 371.10.70. OHIO LEARNING NETWORK

102157

The foregoing appropriation item 235417, Ohio Learning	102158
Network, shall be used by the Chancellor of the Board of Regents	102159
to support the continued implementation of the Ohio Learning	102160
Network, a consortium organized under division (U) of section	102161
3333.04 of the Revised Code to expand access to dual enrollment	102162
opportunities for high school students, as well as adult and	102163
higher education opportunities through technology. The funds shall	102164
be used by the Ohio Learning Network to develop and promote	102165
learning and assessment through the use of technology, to test and	102166
provide advice on emerging learning-directed technologies, and to	102167
facilitate cost-effectiveness through shared educational	102168
technology investments.	102169

Of the foregoing appropriation item 235417, Ohio Learning	102170
Network, up to $250,000 in each fiscal year shall be used by the	102171
Chancellor of the Board of Regents to fund staff support and	102172
operations of the Ohio Digital Learning Task Force established in	102173
Section 371.60.80 of this act.	102174

Section 371.10.80. APPALACHIAN NEW ECONOMY PARTNERSHIP

102175

The foregoing appropriation item 235428, Appalachian New	102176
Economy Partnership, shall be distributed to Ohio University to	102177
continue a multi-campus and multi-agency coordinated effort to	102178
link Appalachia to the new economy. Ohio University shall use	102179
these funds to provide leadership in the development and	102180
implementation of initiatives in the areas of entrepreneurship,	102181
management, education, and technology.	102182

Section 371.10.90. ECONOMIC GROWTH CHALLENGE

102183

The foregoing appropriation item 235433, Economic Growth	102184
Challenge, shall be used for administrative expenses of the	102185
Research Incentive Program and other economic advancement	102186
initiatives undertaken by the Chancellor of the Board of Regents.	102187

The Chancellor of the Board of Regents shall use any	102188
appropriation transfer to the foregoing appropriation item 235433,	102189
Economic Growth Challenge, to enhance the basic research	102190
capabilities of public colleges and universities and accredited	102191
Ohio institutions of higher education holding certificates of	102192
authorization issued under section 1713.02 of the Revised Code, in	102193
order to strengthen academic research for pursuing Ohio's economic	102194
development goals.	102195

Section 371.20.10. CHOOSE OHIO FIRST SCHOLARSHIP

102196

The foregoing appropriation item 235438, Choose Ohio First	102197
Scholarship, shall be used to operate the program prescribed in	102198
sections 3333.60 to 3333.70 of the Revised Code.	102199

An amount equal to the unexpended, unencumbered portion of	102200
the foregoing appropriation item 235438, Choose Ohio First	102201
Scholarship, at the end of fiscal year 2012 is hereby	102202
reappropriated to the Board of Regents for the same purpose for	102203
fiscal year 2013.	102204

Section 371.20.20. ADULT BASIC AND LITERACY EDUCATION

102205

The foregoing appropriation item 235443, Adult Basic and	102206
Literacy Education - State, shall be used to support the adult	102207
basic and literacy education instructional grant program and state	102208
leadership program. The supported programs shall satisfy the state	102209
match and maintenance of effort requirements for the	102210
state-administered grant program.	102211

Section 371.20.30. POST-SECONDARY ADULT CAREER-TECHNICAL	102212
EDUCATION	102213

The foregoing appropriation item 235444, Post-Secondary Adult	102214
Career-Technical Education, shall be used by the Chancellor of the	102215
Board of Regents in each fiscal year to provide post-secondary	102216
adult career-technical education under sections 3313.52 and	102217
3313.53 of the Revised Code.	102218

Section 371.20.40. AREA HEALTH EDUCATION CENTERS

102219

The foregoing appropriation item 235474, Area Health	102220
Education Centers Program Support, shall be used by the Chancellor	102221
of the Board of Regents to support the medical school regional	102222
area health education centers' educational programs for the	102223
continued support of medical and other health professions	102224
education and for support of the Area Health Education Center	102225
Program.	102226

Section 371.20.50. STATE SHARE OF INSTRUCTION FORMULAS

102227

The Chancellor of the Board of Regents shall establish	102228
procedures to allocate the foregoing appropriation item 235501,	102229
State Share of Instruction, based on the formulas, enrollment,	102230
course completion, degree attainment, and student achievement	102231
factors in the instructional models set out in this section.	102232

(A) FULL-TIME EQUIVALENT (FTE) ENROLLMENTS AND COMPLETIONS

102233

(1) As soon as possible during each fiscal year of the	102234
biennium ending June 30, 2013, in accordance with instructions of	102235
the Board of Regents, each state-assisted institution of higher	102236
education shall report its actual enrollment, consistent with the	102237
definitions in the Higher Education Information (HEI) system's	102238
enrollment files, to the Chancellor of the Board of Regents.	102239

(2) In defining the number of full-time equivalent students	102240
for state subsidy purposes, the Chancellor of the Board of Regents	102241
shall exclude all undergraduate students who are not residents of	102242
Ohio, except those charged in-state fees in accordance with	102243
reciprocity agreements made under section 3333.17 of the Revised	102244
Code or employer contracts entered into under section 3333.32 of	102245
the Revised Code.	102246

(3) In calculating the core subsidy entitlements for	102247
university branch and main campuses, the Chancellor of the Board	102248
of Regents shall use the following count of FTE students:	102249

(a) The subsidy eligible enrollments by model shall equal	102250
only those FTE students who successfully complete the course as	102251
defined and reported through the Higher Education Information	102252
(HEI) system course enrollment file;	102253

(b) For those undergraduate FTE students with successful	102254
course completions, identified in division (A)(3)(a) of this	102255
section, that had an expected family contribution less than 2190	102256
or were determined to have been in need of remedial education	102257
shall be defined as at-risk students and shall have their eligible	102258
completions weighted by the following:	102259

(i) Campus-specific course completion rates by model;

102260

(ii) Campus-specific course completion indexes, where the	102261
indexes are calculated based upon the number of at-risk students	102262
enrolled during the 2009-2010 academic year; and	102263

(iii) A statewide average at-risk course completion weight	102264
determined for each subsidy model. The statewide average at-risk	102265
course completion weight shall be determined by calculating the	102266
difference between the percentage of traditional students who	102267
complete a course and the percentage of at-risk students who	102268
complete the same course.	102269

(4) In calculating the core subsidy entitlements for Medical	102270
II models only, students repeating terms may be no more than five	102271
per cent of current year enrollment.	102272

(5) In calculating the core subsidy entitlements for students	102273
enrolled in state-supported law schools, subsidy eligible FTE	102274
completions shall be limited to students identified as residents	102275
of Ohio.	102276

(B) TOTAL COSTS PER FULL-TIME EQUIVALENT STUDENT

102277

For purposes of calculating state share of instruction	102278
allocations, the total instructional costs per full-time	102279
equivalent student shall be:	102280

Model	Fiscal Year 2012	Fiscal Year 2013	102281
ARTS AND HUMANITIES 1	$8,000	$8,207	102282
ARTS AND HUMANITIES 2	$10,757	$11,036	102283
ARTS AND HUMANITIES 3	$13,853	$14,212	102284
ARTS AND HUMANITIES 4	$20,228	$20,751	102285
ARTS AND HUMANITIES 5	$32,605	$33,449	102286
ARTS AND HUMANITIES 6	$38,027	$39,011	102287
BUSINESS, EDUCATION & SOCIAL SCIENCES 1	$7,124	$7,308	102288
BUSINESS, EDUCATION & SOCIAL SCIENCES 2	$8,164	$8,376	102289
BUSINESS, EDUCATION & SOCIAL SCIENCES 3	$10,430	$10,700	102290
BUSINESS, EDUCATION & SOCIAL SCIENCES 4	$12,406	$12,727	102291
BUSINESS, EDUCATION & SOCIAL SCIENCES 5	$19,267	$19,765	102292
BUSINESS, EDUCATION & SOCIAL SCIENCES 6	$22,684	$23,272	102293
BUSINESS, EDUCATION & SOCIAL SCIENCES 7	$29,426	$30,188	102294
MEDICAL 1	$51,214	$52,539	102295
MEDICAL 2	$46,876	$48,089	102296
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 1	$7,306	$7,495	102297
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 2	$10,242	$10,507	102298
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 3	$12,242	$12,559	102299
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 4	$15,592	$15,995	102300
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 5	$20,250	$20,774	102301
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 6	$22,357	$22,935	102302
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 7	$28,000	$28,724	102303
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 8	$37,731	$38,707	102304
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 9	$52,676	$54,039	102305

Doctoral I and Doctoral II models shall be allocated in	102306
accordance with division (D)(2) of this section.	102307

(C) SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICAL,	102308
AND GRADUATE WEIGHTS	102309

For the purpose of implementing the recommendations of the	102310
State Share of Instruction Consultation and the Higher Education	102311
Funding Study Council that priority be given to maintaining state	102312
support for science, technology, engineering, mathematics,	102313
medicine, and graduate programs, the costs in division (B) of this	102314
section shall be weighted by the amounts provided below:	102315

Model	Fiscal Year 2012	Fiscal Year 2013	102316
ARTS AND HUMANITIES 1	1.0000	1.0000	102317
ARTS AND HUMANITIES 2	1.0000	1.0000	102318
ARTS AND HUMANITIES 3	1.0000	1.0000	102319
ARTS AND HUMANITIES 4	1.0000	1.0000	102320
ARTS AND HUMANITIES 5	1.0425	1.0425	102321
ARTS AND HUMANITIES 6	1.0425	1.0425	102322
BUSINESS, EDUCATION & SOCIAL SCIENCES 1	1.0000	1.0000	102323
BUSINESS, EDUCATION & SOCIAL SCIENCES 2	1.0000	1.0000	102324
BUSINESS, EDUCATION & SOCIAL SCIENCES 3	1.0000	1.0000	102325
BUSINESS, EDUCATION & SOCIAL SCIENCES 4	1.0000	1.0000	102326
BUSINESS, EDUCATION & SOCIAL SCIENCES 5	1.0425	1.0425	102327
BUSINESS, EDUCATION & SOCIAL SCIENCES 6	1.0425	1.0425	102328
BUSINESS, EDUCATION & SOCIAL SCIENCES 7	1.0425	1.0425	102329
MEDICAL 1	1.6456	1.6456	102330
MEDICAL 2	1.7462	1.7462	102331
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 1	1.0000	1.0000	102332
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 2	1.0017	1.0017	102333
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 3	1.6150	1.6150	102334
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 4	1.6920	1.6920	102335
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 5	1.4222	1.4222	102336
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 6	1.8798	1.8798	102337
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 7	1.4380	1.4380	102338
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 8	1.5675	1.5675	102339
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 9	1.1361	1.1361	102340

(D) CALCULATION OF STATE SHARE OF INSTRUCTION FORMULA	102341
ENTITLEMENTS AND ADJUSTMENTS	102342

(1) Of the foregoing appropriation item 235501, State Share	102343
of Instruction, 7.5 per cent of the fiscal year 2012 appropriation	102344
and 10 per cent of the fiscal year 2013 appropriation for	102345
state-supported community colleges, state community colleges, and	102346
technical colleges shall be allocated to colleges in proportion to	102347
their share of college student success factors as adopted by the	102348
Chancellor of the Board of Regents in formal communication to the	102349
Controlling Board on August 30, 2010.	102350

(2) Of the foregoing appropriation item 235501, State Share	102351
of Instruction, up to 12.89 per cent of the appropriation for	102352
university main campuses in each fiscal year shall be reserved for	102353
support of doctoral programs to implement the funding	102354
recommendations made by representatives of the universities. The	102355
amount so reserved shall be referred to as the doctoral set-aside.	102356

The doctoral set-aside shall be allocated to universities as	102357
follows:	102358

(a) 70 per cent of the doctoral set-aside in fiscal year 2012	102359
and 60 per cent of the doctoral set-aside in fiscal year 2013	102360
shall be allocated to universities in proportion to their share of	102361
the total number of Doctoral I equivalent FTEs as calculated on an	102362
institutional basis using the greater of the two-year or five-year	102363
FTEs for the period fiscal year 1994 through fiscal year 1998 with	102364
annualized FTEs for fiscal years 1994 through 1997 and all-term	102365
FTEs for fiscal year 1998 as adjusted to reflect the effects of	102366
doctoral review and subsequent changes in Doctoral I equivalent	102367
enrollments. For the purposes of this calculation, Doctoral I	102368
equivalent FTEs shall equal the sum of Doctoral I FTEs plus 1.5	102369
times the sum of Doctoral II FTEs.	102370

(b) 15 per cent of the doctoral set-aside in fiscal year 2012	102371
and 20 per cent of the doctoral set-aside in fiscal year 2013	102372
shall be allocated to universities in proportion to each campus's	102373
share of the total statewide doctoral degrees, weighted by the	102374
cost of the doctoral discipline. In calculating each campus's	102375
doctoral degrees the Chancellor of the Board of Regents shall use	102376
the three-year average doctoral degrees awarded for the three-year	102377
period ending in the prior year.	102378

(c) 7.5 per cent of the doctoral set-aside in fiscal year	102379
2012 and 10 per cent of the doctoral set-aside in fiscal year 2013	102380
shall be allocated to universities in proportion to their share of	102381
research grant activity, using a data collection method that is	102382
reviewed and approved by the presidents of Ohio's doctoral degree	102383
granting universities. In the event that the data collection	102384
method is not available, funding for this component shall be	102385
allocated to universities in proportion to their share of research	102386
grant activity published by the National Science Foundation. Grant	102387
awards from the Department of Health and Human Services shall be	102388
weighted at 50 per cent.	102389

(d) 7.5 per cent of the doctoral set-aside in fiscal year	102390
2012 and 10 per cent of the doctoral set-aside in fiscal year 2013	102391
shall be allocated to universities based on other quality measures	102392
that contribute to the advancement of quality doctoral programs.	102393
These other quality measures shall be identified by the Chancellor	102394
in consultation with universities. If for any reason metrics for	102395
distributing the quality component of the doctoral set-aside are	102396
not identified prior to the fiscal year allocation process, this	102397
portion of the doctoral set-aside funds shall be allocated to	102398
universities based on division (D)(2)(a) of this section.	102399

(3) Of the foregoing appropriation item 235501, State Share	102400
of Instruction, 7.01 per cent of the appropriation for university	102401
main campuses in each fiscal year shall be reserved for support of	102402
Medical II FTEs. The amount so reserved shall be referred to as	102403
the medical II set-aside.	102404

The medical II set-aside shall be allocated to universities	102405
in proportion to their share of the total number of Medical II	102406
FTEs as calculated in division (A) of this section, weighted by	102407
model cost.	102408

The Northeastern Ohio Universities Colleges of Medicine and	102409
Pharmacy (NEOUCOM) may use funds from the addition of 35 medical	102410
students resulting from its partnership with Cleveland State	102411
University to establish the NEOUCOM academic program at Cleveland	102412
State University to enable 50 per cent or more of the medical	102413
curriculum to be based in Cleveland at Cleveland State University,	102414
local hospitals, and community- and neighborhood-based primary	102415
care clinics.	102416

(4) Of the foregoing appropriation item 235501, State Share	102417
of Instruction, 1.61 per cent of the appropriation for university	102418
main campuses in each fiscal year shall be reserved for support of	102419
Medical I FTEs. The amount so reserved shall be referred to as the	102420
medical I set-aside.	102421

The medical I set-aside shall be allocated to universities in	102422
proportion to their share of the total number of Medical I FTEs as	102423
calculated in division (A) of this section.	102424

(5) Of the foregoing appropriation item 235501, State Share	102425
of Instruction, 15 per cent of the fiscal year 2012 appropriation	102426
for university main campuses and 20 per cent of the fiscal year	102427
2013 appropriation for university main campuses shall be reserved	102428
for support of associate, baccalaureate, master's, and	102429
professional level degree attainment.	102430

The degree attainment funding shall be allocated to	102431
universities in proportion to each campus's share of the total	102432
statewide degrees granted, weighted by the cost of the degree	102433
programs.	102434

In calculating the subsidy entitlements for degree attainment	102435
at university main campuses, the Chancellor of the Board of	102436
Regents shall use the following count of degrees and degree costs:	102437

(a) For those associate degrees awarded by a state-supported	102438
university, the subsidy eligible degrees granted are defined as	102439
only those earned by students attending a university that received	102440
funding under GRF appropriation item 235418, Access Challenge, in	102441
fiscal year 2009.	102442

(b) For professional law and legal studies degrees awarded by	102443
a state-supported university, the subsidy-eligible degrees at each	102444
institution shall equal no more than the following:	102445

University of Akron	132	102446
University of Cincinnati	90	102447
Cleveland State University	192	102448
The Ohio State University	149	102449
University of Toledo	134	102450

(c) In calculating each campus's count of degrees, the	102451
Chancellor of the Board of Regents shall use the three-year	102452
average associate, baccalaureate, master's, and professional	102453
degrees awarded for the three-year period ending in the prior	102454
year.	102455

(d) Eligible associate degrees defined in division (D)(5)(a)	102456
of this section and all bachelor's degrees earned by a student	102457
that either had an expected family contribution less than 2190,	102458
was determined to have been in need of remedial education, is	102459
Native American, African American, or Hispanic, or is at least age	102460
26 at the time of graduation, shall be defined as degrees earned	102461
by an at-risk student and shall be weighted by the following:	102462

(i) A campus-specific degree completion index, where the	102463
index is calculated based on the number of at-risk students	102464
enrolled during a two-year degree cohort beginning in fiscal year	102465
2000 or 2001 and earning a degree in eight years or less; and	102466

(ii) A statewide average at-risk completion weight determined	102467
by calculating the difference between the percentage of	102468
traditional students who earned a degree and the percentage of	102469
at-risk students who earned a degree during the same time period.	102470

(6) Each campus's state share of instruction base formula	102471
earnings shall be determined as follows:	102472

(a) For each campus in each fiscal year, the instructional	102473
costs shall be determined by multiplying the amounts listed above	102474
in divisions (B) and (C) of this section by (i) average	102475
subsidy-eligible FTEs for the two-year period ending in the prior	102476
year for all models except Doctoral I and Doctoral II; and (ii)	102477
average subsidy-eligible FTEs for the five-year period ending in	102478
the prior year for all models except Doctoral I and Doctoral II.	102479

(b) The Chancellor of the Board of Regents shall compute the	102480
two calculations listed in division (D)(6)(a) of this section and	102481
use the greater amount as each campus's instructional costs.	102482

(c) The Chancellor of the Board of Regents shall compute a	102483
uniform state share of instructional costs for each sector.	102484

(i) For the state-supported community colleges, state	102485
community colleges, and technical colleges, the Chancellor of the	102486
Board of Regents shall compute the uniform state share of	102487
instructional costs by dividing the sector level appropriation	102488
total as determined by the Chancellor in division (A)(1) of	102489
Section 371.20.60 of this act and adjusted pursuant to divisions	102490
(B) and (C) of Section 371.20.60 of this act, less the student	102491
college success allocation as described in division (D)(1) of this	102492
section, by the sum of all eligible campuses' instructional costs	102493
as calculated in division (D)(6)(b) of this section.	102494

(ii) For the state-supported university branch campuses, the	102495
Chancellor of the Board of Regents shall compute the uniform state	102496
share of instructional costs by dividing the sector level	102497
appropriation, as determined by the Chancellor in division (A)(2)	102498
of Section 371.20.60 of this act and adjusted pursuant to division	102499
(B) of Section 371.20.60 of this act by the sum of all campuses'	102500
instructional costs as calculated in division (D)(6)(b) of this	102501
section.	102502

(iii) For the state-supported university main campuses, the	102503
Chancellor of the Board of Regents shall compute the uniform state	102504
share of instructional costs by dividing the sector level	102505
appropriation, as determined by the Chancellor in division (A)(3)	102506
of Section 371.20.60 of this act and adjusted pursuant to division	102507
(B) of Section 371.20.60 of this act, less the doctoral set-aside,	102508
less the medical I set-aside, less the medical II set-aside, and	102509
less the degree attainment funding as calculated in divisions	102510
(D)(2) to (5) of this section, by the sum of all campuses'	102511
instructional costs as calculated in division (D)(6)(b) of this	102512
section.	102513

(d) The formula entitlement for each sector's campuses shall	102514
be determined by multiplying the uniform state share of	102515
instructional costs calculated in division (D)(6)(c) of this	102516
section by the campus's instructional cost determined in division	102517
(D)(6)(b) of this section.	102518

(7) In addition to the student success allocation, doctoral	102519
set-aside, medical I set-aside, medical II set-aside, and the	102520
degree attainment allocation determined in divisions (D)(1) to (5)	102521
of this section and the formula entitlement determined in division	102522
(D)(6) of this section, an allocation based on facility-based	102523
plant operations and maintenance (POM) subsidy shall be made. For	102524
each eligible campus, the amount of the POM allocation in each	102525
fiscal year shall be distributed based on what each campus	102526
received in the fiscal year 2009 POM allocation.	102527

Any POM allocations required by this division shall be funded	102528
by proportionately reducing formula entitlement earnings,	102529
including the POM allocations, for all campuses in that sector.	102530

(8) STABILITY IN STATE SHARE OF INSTRUCTION FUNDING

102531

(a) In addition to and after the adjustments noted above, in	102532
fiscal year 2012, no campus shall receive a state share of	102533
instruction allocation that is less than the lesser of the	102534
following two amounts, net of funding for the medical II	102535
set-aside:	102536

(i) The prior year's state share of instruction amount	102537
reduced by 3 per cent, or	102538

(ii) The prior year's state share of instruction amount	102539
reduced by a percentage equal to the percentage change from the	102540
prior year in the campus's sector's state share of instruction	102541
funding minus three percentage points. Funds shall be made	102542
available to support this allocation by proportionately reducing	102543
formula entitlement earnings from those campuses, within each	102544
sector, that are not receiving stability funding.	102545

(b) In fiscal year 2013, in addition to and after the	102546
adjustments noted above, no campus shall receive a state share of	102547
instruction allocation that is less than the lesser of the	102548
following two amounts, net of funding for the medical II	102549
set-aside:	102550

(i) The prior year's state share of instruction amount	102551
reduced by 4 per cent, or	102552

(ii) The prior year's state share of instruction amount	102553
reduced by a percentage equal to the percentage change from the	102554
prior year in the campus's sector's state share of instruction	102555
funding minus four percentage points. Funds shall be made	102556
available to support this allocation by proportionately reducing	102557
formula entitlement earnings from those campuses, within each	102558
sector, that are not receiving stability funding.	102559

(c) For main campus universities that operate a medical	102560
school, in fiscal year 2012 no campus shall receive an allocation	102561
for the medical II set-aside that is less than the lesser of the	102562
following amounts:	102563

(i) The prior year's allocation for the medical II set-aside	102564
reduced by 2 per cent, or	102565

(ii) The prior year's allocation for the medical II set-aside	102566
reduced by a percentage equal to the percentage change from the	102567
prior year in the total medical II set-aside minus two percentage	102568
points. Funds shall be made available to support this allocation	102569
by proportionately reducing formula entitlement earnings from	102570
public medical schools, within each sector, that are not receiving	102571
stability funding.	102572

(d) In fiscal year 2013, no main campus university that	102573
operates a medical school shall receive an allocation for the	102574
medical II set-aside that is less than 97 per cent of the prior	102575
year's allocation for the medical II set-aside. Funds shall be	102576
made available to support this allocation by proportionately	102577
reducing formula entitlement earnings from public medical schools,	102578
within each sector, that are not receiving stability funding.	102579

(9) CAPITAL COMPONENT DEDUCTION

102580

After all other adjustments have been made, state share of	102581
instruction earnings shall be reduced for each campus by the	102582
amount, if any, by which debt service charged in Am. H.B. 748 of	102583
the 121st General Assembly, Am. Sub. H.B. 850 of the 122nd General	102584
Assembly, Am. Sub. H.B. 640 of the 123rd General Assembly, H.B.	102585
675 of the 124th General Assembly, Am. Sub. H.B. 16 of the 126th	102586
General Assembly, Am. Sub. H.B. 699 of the 126th General Assembly,	102587
Am. Sub. H.B. 496 of the 127th General Assembly, and Am. Sub. H.B.	102588
562 of the 127th General Assembly for that campus exceeds that	102589
campus's capital component earnings. The sum of the amounts	102590
deducted shall be transferred to appropriation item 235552,	102591
Capital Component, in each fiscal year.	102592

(E) EXCEPTIONAL CIRCUMSTANCES

102593

Adjustments may be made to the state share of instruction	102594
payments and other subsidies distributed by the Chancellor of the	102595
Board of Regents to state-assisted colleges and universities for	102596
exceptional circumstances. No adjustments for exceptional	102597
circumstances may be made without the recommendation of the	102598
Chancellor and the approval of the Controlling Board.	102599

(F) APPROPRIATION REDUCTIONS TO THE STATE SHARE OF	102600
INSTRUCTION	102601

The standard provisions of the state share of instruction	102602
calculation as described in the preceding sections of temporary	102603
law shall apply to any reductions made to appropriation item	102604
235501, State Share of Instruction, before the Chancellor of the	102605
Board of Regents has formally approved the final allocation of the	102606
state share of instruction funds for any fiscal year.	102607

Any reductions made to appropriation item 235501, State Share	102608
of Instruction, after the Chancellor of the Board of Regents has	102609
formally approved the final allocation of the state share of	102610
instruction funds for any fiscal year, shall be uniformly applied	102611
to each campus in proportion to its share of the final allocation.	102612

(G) DISTRIBUTION OF STATE SHARE OF INSTRUCTION

102613

The state share of instruction payments to the institutions	102614
shall be in substantially equal monthly amounts during the fiscal	102615
year, unless otherwise determined by the Director of Budget and	102616
Management pursuant to section 126.09 of the Revised Code.	102617
Payments during the first six months of the fiscal year shall be	102618
based upon the state share of instruction appropriation estimates	102619
made for the various institutions of higher education according to	102620
the Chancellor of the Board of Regents enrollment estimates.	102621
Payments during the last six months of the fiscal year shall be	102622
distributed after approval of the Controlling Board upon the	102623
request of the Chancellor.	102624

Section 371.20.60. STATE SHARE OF INSTRUCTION FOR FISCAL	102625
YEARS 2012 AND 2013	102626

(A) The foregoing appropriation item 235501, State Share of	102627
Instruction, shall be distributed according to the section of this	102628
act entitled "STATE SHARE OF INSTRUCTION FORMULAS."	102629

(1) Of the foregoing appropriation item 235501, State Share	102630
of Instruction, $400,039,672 in fiscal year 2012 and $403,657,477	102631
in fiscal year 2013 shall be distributed to state-supported	102632
community colleges, state community colleges, and technical	102633
colleges.	102634

(2) Of the foregoing appropriation item 235501, State Share	102635
of Instruction, $115,139,824 in fiscal year 2012 and $116,181,104	102636
in fiscal year 2013 shall be distributed to state-supported	102637
university branch campuses.	102638

(3) Of the foregoing appropriation item 235501, State Share	102639
of Instruction, $1,220,350,535 in fiscal year 2012 and	102640
$1,231,386,916 in fiscal year 2013 shall be distributed to	102641
state-supported university main campuses.	102642

(B) Of the amounts earmarked in division (A) of this section,	102643
$60,996,059 in each fiscal year shall be distributed to eligible	102644
colleges and universities based on each campus's share of the	102645
appropriation item 235418, Access Challenge, in fiscal year 2009.	102646

(C) Of the amount earmarked in division (A)(1) of this	102647
section, $10,323,056 in each fiscal year shall be distributed	102648
among state-supported community colleges, state community	102649
colleges, and technical colleges in an amount equal to the amount	102650
each institution received in fiscal year 2009 from the	102651
supplemental tuition subsidy earmarked under Section 375.30.25 of	102652
H.B. 119 of the 127th General Assembly.	102653

(D) The state share of instruction payments to the	102654
institutions shall be in substantially equal monthly amounts	102655
during the fiscal year, unless otherwise determined by the	102656
Director of Budget and Management pursuant to section 126.09 of	102657
the Revised Code. Payments during the last six months of the	102658
fiscal year shall be distributed after approval of the Controlling	102659
Board upon the request of the Chancellor of the Board of Regents.	102660

Section 371.20.65. TRANSFER OF INSTRUCTIONAL SUBSIDIES	102661
BETWEEN UNIVERSITIES	102662

Notwithstanding any provision of law to the contrary, in	102663
consultation with the Chancellor of the Board of Regents, a	102664
state-supported university may request to transfer state share of	102665
instruction subsidy allocations of the foregoing appropriation	102666
item 235501, State Share of Instruction, between a university main	102667
campus and any university branch campus for which the university	102668
main campus is affiliated to best accomplish institutional goals	102669
and objectives. At the request of the Chancellor of the Board of	102670
Regents, the Director of Budget and Management may transfer the	102671
requested amounts of state share of instruction appropriation	102672
allocations between affiliated university branch campuses and	102673
university main campuses.	102674

Section 371.20.70. RESTRICTION ON FEE INCREASES

102675

The boards of trustees of state-assisted institutions of	102676
higher education shall restrain increases in in-state	102677
undergraduate instructional and general fees. Each state-assisted	102678
institution shall not increase its in-state undergraduate	102679
instructional and general fees more than 3.5 per cent over what	102680
the institution charged for the preceding academic year.	102681

These limitations shall not apply to increases required to	102682
comply with institutional covenants related to their obligations	102683
or to meet unfunded legal mandates or legally binding obligations	102684
incurred or commitments made prior to the effective date of this	102685
section with respect to which the institution had identified such	102686
fee increases as the source of funds. Any increase required by	102687
such covenants and any such mandates, obligations, or commitments	102688
shall be reported by the Chancellor of the Board of Regents to the	102689
Controlling Board. These limitations may also be modified by the	102690
Chancellor of the Board of Regents, with the approval of the	102691
Controlling Board, to respond to exceptional circumstances as	102692
identified by the Chancellor of the Board of Regents.	102693

Section 371.20.80. HIGHER EDUCATION - BOARD OF TRUSTEES

102694

(A) Funds appropriated for instructional subsidies at	102695
colleges and universities may be used to provide such branch or	102696
other off-campus undergraduate courses of study and such master's	102697
degree courses of study as may be approved by the Chancellor of	102698
the Board of Regents.	102699

(B) In providing instructional and other services to	102700
students, boards of trustees of state-assisted institutions of	102701
higher education shall supplement state subsidies with income from	102702
charges to students. Except as otherwise provided in this act,	102703
each board shall establish the fees to be charged to all students,	102704
including an instructional fee for educational and associated	102705
operational support of the institution and a general fee for	102706
noninstructional services, including locally financed student	102707
services facilities used for the benefit of enrolled students. The	102708
instructional fee and the general fee shall encompass all charges	102709
for services assessed uniformly to all enrolled students. Each	102710
board may also establish special purpose fees, service charges,	102711
and fines as required; such special purpose fees and service	102712
charges shall be for services or benefits furnished individual	102713
students or specific categories of students and shall not be	102714
applied uniformly to all enrolled students. A tuition surcharge	102715
shall be paid by all students who are not residents of Ohio.	102716

The board of trustees of a state-assisted institution of	102717
higher education shall not authorize a waiver or nonpayment of	102718
instructional fees or general fees for any particular student or	102719
any class of students other than waivers specifically authorized	102720
by law or approved by the Chancellor. This prohibition is not	102721
intended to limit the authority of boards of trustees to provide	102722
for payments to students for services rendered the institution,	102723
nor to prohibit the budgeting of income for staff benefits or for	102724
student assistance in the form of payment of such instructional	102725
and general fees.	102726

Each state-assisted institution of higher education in its	102727
statement of charges to students shall separately identify the	102728
instructional fee, the general fee, the tuition charge, and the	102729
tuition surcharge. Fee charges to students for instruction shall	102730
not be considered to be a price of service but shall be considered	102731
to be an integral part of the state government financing program	102732
in support of higher educational opportunity for students.	102733

(C) The boards of trustees of state-assisted institutions of	102734
higher education shall ensure that faculty members devote a proper	102735
and judicious part of their work week to the actual instruction of	102736
students. Total class credit hours of production per academic term	102737
per full-time faculty member is expected to meet the standards set	102738
forth in the budget data submitted by the Chancellor of the Board	102739
of Regents.	102740

(D) The authority of government vested by law in the boards	102741
of trustees of state-assisted institutions of higher education	102742
shall in fact be exercised by those boards. Boards of trustees may	102743
consult extensively with appropriate student and faculty groups.	102744
Administrative decisions about the utilization of available	102745
resources, about organizational structure, about disciplinary	102746
procedure, about the operation and staffing of all auxiliary	102747
facilities, and about administrative personnel shall be the	102748
exclusive prerogative of boards of trustees. Any delegation of	102749
authority by a board of trustees in other areas of responsibility	102750
shall be accompanied by appropriate standards of guidance	102751
concerning expected objectives in the exercise of such delegated	102752
authority and shall be accompanied by periodic review of the	102753
exercise of this delegated authority to the end that the public	102754
interest, in contrast to any institutional or special interest,	102755
shall be served.	102756

Section 371.20.90. STUDENT SUPPORT SERVICES

102757

The foregoing appropriation item 235502, Student Support	102758
Services, shall be distributed by the Chancellor of the Board of	102759
Regents to Ohio's state-assisted colleges and universities that	102760
incur disproportionate costs in the provision of support services	102761
to disabled students.	102762

Section 371.30.10. WAR ORPHANS SCHOLARSHIPS

102763

The foregoing appropriation item 235504, War Orphans	102764
Scholarships, shall be used to reimburse state-assisted	102765
institutions of higher education for waivers of instructional fees	102766
and general fees provided by them, to provide grants to	102767
institutions that have received a certificate of authorization	102768
from the Chancellor of the Board of Regents under Chapter 1713. of	102769
the Revised Code, in accordance with the provisions of section	102770
5910.04 of the Revised Code, and to fund additional scholarship	102771
benefits provided by section 5910.032 of the Revised Code.	102772

An amount equal to the unexpended, unencumbered portion of	102773
the foregoing appropriation item 235504, War Orphans Scholarships,	102774
at the end of fiscal year 2012 is hereby reappropriated to the	102775
Board of Regents for the same purpose for fiscal year 2013.	102776

Section 371.30.20. OHIOLINK

102777

The foregoing appropriation item 235507, OhioLINK, shall be	102778
used by the Chancellor of the Board of Regents to support	102779
OhioLINK, a consortium organized under division (U) of section	102780
3333.04 of the Revised Code to serve as the state's electronic	102781
library information and retrieval system, which provides access	102782
statewide to an extensive set of electronic databases and	102783
resources and the library holdings of Ohio's public and	102784
participating private nonprofit colleges and universities, and the	102785
State Library of Ohio.	102786

Section 371.30.30. AIR FORCE INSTITUTE OF TECHNOLOGY

102787

The foregoing appropriation item 235508, Air Force Institute	102788
of Technology, shall be used by the director of the Air Force	102789
Institute to: (A) strengthen the research and educational linkages	102790
between the Wright Patterson Air Force Base and institutions of	102791
higher education in Ohio; and (B) support the Dayton Area Graduate	102792
Studies Institute, an engineering graduate consortium of Wright	102793
State University, the University of Dayton, and the Air Force	102794
Institute of Technology, with the participation of the University	102795
of Cincinnati and The Ohio State University.	102796

Section 371.30.40. OHIO SUPERCOMPUTER CENTER

102797

The foregoing appropriation item 235510, Ohio Supercomputer	102798
Center, shall be used by the Chancellor of the Board of Regents to	102799
support the operation of the Ohio Supercomputer Center, a	102800
consortium organized under division (U) of section 3333.04 of the	102801
Revised Code, located at The Ohio State University. The Ohio	102802
Supercomputer Center is a statewide resource available to Ohio	102803
research universities both public and private. It is also intended	102804
that the center be made accessible to private industry as	102805
appropriate.	102806

Funds shall be used, in part, to support the Ohio	102807
Supercomputer Center's Computational Science Initiative, which	102808
includes its industrial outreach program, Blue Collar Computing,	102809
and its School of Computational Science. These collaborations	102810
between the Ohio Supercomputer Center and Ohio's colleges and	102811
universities shall be aimed at making Ohio a leader in using	102812
computer modeling to promote economic development.	102813

Section 371.30.50. COOPERATIVE EXTENSION SERVICE

102814

The foregoing appropriation item 235511, Cooperative	102815
Extension Service, shall be disbursed through the Chancellor of	102816
the Board of Regents to The Ohio State University in monthly	102817
payments, unless otherwise determined by the Director of Budget	102818
and Management under section 126.09 of the Revised Code.	102819

Section 371.30.60. CENTRAL STATE SUPPLEMENT

102820

The Chancellor of the Board of Regents shall, in consultation	102821
with Central State University, develop a plan whereby the	102822
foregoing appropriation item 235514, Central State Supplement,	102823
shall be used in a manner consistent with the goals of increasing	102824
enrollment, improving course completion, and increasing the number	102825
of degrees conferred. The Chancellor shall submit a summary of the	102826
plan to the Speaker of the House of Representatives, the President	102827
of the Senate, and the Governor by December 31, 2011.	102828

The foregoing appropriation item 235514, Central State	102829
Supplement, shall be disbursed by the Chancellor of the Board of	102830
Regents to Central State University. The first two disbursements	102831
in fiscal year 2012 shall be made on a quarterly basis. Beginning	102832
January 1, 2012, the funds shall be disbursed to Central State	102833
University in accordance with the plan developed by the Chancellor	102834
under this section.	102835

The Chancellor shall monitor the implementation of the plan	102836
and the use of funds. Central State University shall provide any	102837
information requested by the Chancellor related to the	102838
implementation of the plan. If the Chancellor determines that	102839
Central State University's use of supplemental funds is not in	102840
accordance with the plan or if the plan is not having the desired	102841
effect, the Chancellor may notify Central State University that	102842
the plan is suspended. Upon receiving such notice, Central State	102843
University shall avoid all unnecessary expenditures under the	102844
plan. The Chancellor shall notify the Controlling Board of the	102845
suspension of the plan and within sixty days prepare a new plan	102846
for the use of any remaining funds.	102847

Section 371.30.70. CASE WESTERN RESERVE UNIVERSITY SCHOOL OF	102848
MEDICINE	102849

The foregoing appropriation item 235515, Case Western Reserve	102850
University School of Medicine, shall be disbursed to Case Western	102851
Reserve University through the Chancellor of the Board of Regents	102852
in accordance with agreements entered into under section 3333.10	102853
of the Revised Code, provided that the state support per full-time	102854
medical student shall not exceed that provided to full-time	102855
medical students at state universities.	102856

Section 371.30.80. FAMILY PRACTICE

102857

The Chancellor of the Ohio Board of Regents shall develop	102858
plans consistent with existing criteria and guidelines as may be	102859
required for the distribution of appropriation item 235519, Family	102860
Practice.	102861

Section 371.30.90. SHAWNEE STATE SUPPLEMENT

102862

The Chancellor of the Board of Regents shall, in consultation	102863
with Shawnee State University, develop a plan whereby the	102864
foregoing appropriation item 235520, Shawnee State Supplement,	102865
shall be used in a manner consistent with the goals of improving	102866
course completion, increasing the number of degrees conferred, and	102867
furthering the university's mission of service to the Appalachian	102868
region. The Chancellor shall submit a summary of the plan to the	102869
Speaker of the House of Representatives, the President of the	102870
Senate, and the Governor by December 31, 2011.	102871

The foregoing appropriation item 235520, Shawnee State	102872
Supplement, shall be disbursed by the Chancellor of the Board of	102873
Regents to Shawnee State University. The first two disbursements	102874
in fiscal year 2012 shall be made on a quarterly basis. Beginning	102875
January 1, 2012, the funds shall be disbursed to Shawnee State	102876
University in accordance with the plan developed by the Chancellor	102877
under this section.	102878

The Chancellor shall monitor the implementation of the plan	102879
and the use of funds. Shawnee State University shall provide any	102880
information requested by the Chancellor related to the	102881
implementation of the plan. If the Chancellor determines that	102882
Shawnee State University's use of supplemental funds is not in	102883
accordance with the plan or if the plan is not having the desired	102884
effect, the Chancellor may notify Shawnee State University that	102885
the plan is suspended. Upon receiving such notice, Shawnee State	102886
University shall avoid all unnecessary expenditures under the	102887
plan. The Chancellor shall notify the Controlling Board of the	102888
suspension of the plan and within sixty days prepare a new plan	102889
for the use of any remaining funds.	102890

Section 371.40.10. POLICE AND FIRE PROTECTION

102891

The foregoing appropriation item 235524, Police and Fire	102892
Protection, shall be used for police and fire services in the	102893
municipalities of Kent, Athens, Oxford, Fairborn, Bowling Green,	102894
Portsmouth, Xenia Township (Greene County), Rootstown Township,	102895
and the City of Nelsonville that may be used to assist these local	102896
governments in providing police and fire protection for the	102897
central campus of the state-affiliated university located therein.	102898

Section 371.40.20. GERIATRIC MEDICINE

102899

The Chancellor of the Board of Regents shall develop plans	102900
consistent with existing criteria and guidelines as may be	102901
required for the distribution of appropriation item 235525,	102902
Geriatric Medicine.	102903

Section 371.40.30. PRIMARY CARE RESIDENCIES

102904

The Chancellor of the Board of Regents shall develop plans	102905
consistent with existing criteria and guidelines as may be	102906
required for the distribution of appropriation item 235526,	102907
Primary Care Residencies.	102908

The foregoing appropriation item 235526, Primary Care	102909
Residencies, shall be distributed in each fiscal year of the	102910
biennium, based on whether or not the institution has submitted	102911
and gained approval for a plan. If the institution does not have	102912
an approved plan, it shall receive five per cent less funding per	102913
student than it would have received from its annual allocation.	102914
The remaining funding shall be distributed among those	102915
institutions that meet or exceed their targets.	102916

Section 371.40.40. OHIO AGRICULTURAL RESEARCH AND DEVELOPMENT	102917
CENTER	102918

The foregoing appropriation item 235535, Ohio Agricultural	102919
Research and Development Center, shall be disbursed through the	102920
Chancellor of the Board of Regents to The Ohio State University in	102921
monthly payments, unless otherwise determined by the Director of	102922
Budget and Management under section 126.09 of the Revised Code.	102923
The Ohio Agricultural Research and Development Center shall not be	102924
required to remit payment to The Ohio State University during the	102925
biennium ending June 30, 2013, for cost reallocation assessments.	102926
The cost reallocation assessments include, but are not limited to,	102927
any assessment on state appropriations to the Center.	102928

The Ohio Agricultural Research and Development Center, an	102929
entity of the College of Food, Agricultural, and Environmental	102930
Sciences of The Ohio State University, shall further its mission	102931
of enhancing Ohio's economic development and job creation by	102932
continuing to internally allocate on a competitive basis	102933
appropriated funding of programs based on demonstrated	102934
performance. Academic units, faculty, and faculty-driven programs	102935
shall be evaluated and rewarded consistent with agreed-upon	102936
performance expectations as called for in the College's	102937
Expectations and Criteria for Performance Assessment.	102938

Section 371.40.50. STATE UNIVERSITY CLINICAL TEACHING

102939

The foregoing appropriation items 235536, The Ohio State	102940
University Clinical Teaching; 235537, University of Cincinnati	102941
Clinical Teaching; 235538, University of Toledo Clinical Teaching;	102942
235539, Wright State University Clinical Teaching; 235540, Ohio	102943
University Clinical Teaching; and 235541, Northeastern Ohio	102944
Universities College of Medicine Clinical Teaching, shall be	102945
distributed through the Chancellor of the Board of Regents.	102946

Section 371.40.60. CAPITAL COMPONENT

102947

The foregoing appropriation item 235552, Capital Component,	102948
shall be used by the Chancellor of the Board of Regents to	102949
implement the capital funding policy for state-assisted colleges	102950
and universities established in Am. H.B. 748 of the 121st General	102951
Assembly. Appropriations from this item shall be distributed to	102952
all campuses for which the estimated campus debt service	102953
attributable to new qualifying capital projects is less than the	102954
campus's formula-determined capital component allocation. Campus	102955
allocations shall be determined by subtracting the estimated	102956
campus debt service attributable to new qualifying capital	102957
projects from the campus's formula-determined capital component	102958
allocation. Moneys distributed from this appropriation item shall	102959
be restricted to capital-related purposes.	102960

Any campus for which the estimated campus debt service	102961
attributable to qualifying capital projects is greater than the	102962
campus's formula-determined capital component allocation shall	102963
have the difference subtracted from its State Share of Instruction	102964
allocation in each fiscal year. Appropriation equal to the sum of	102965
all such amounts except that of the Ohio Agricultural Research and	102966
Development Center shall be transferred from appropriation item	102967
235501, State Share of Instruction, to appropriation item 235552,	102968
Capital Component. Appropriation equal to any estimated Ohio	102969
Agricultural Research and Development Center debt service	102970
attributable to qualifying capital projects that is greater than	102971
the Center's formula-determined capital component allocation shall	102972
be transferred from appropriation item 235535, Ohio Agricultural	102973
Research and Development Center, to appropriation item 235552,	102974
Capital Component.	102975

Section 371.40.70. LIBRARY DEPOSITORIES

102976

The foregoing appropriation item, 235555, Library	102977
Depositories, shall be distributed to the state's five regional	102978
depository libraries for the cost-effective storage of and access	102979
to lesser-used materials in university library collections. The	102980
depositories shall be administrated by the Chancellor of the Board	102981
of Regents, or by OhioLINK at the discretion of the Chancellor.	102982

Section 371.40.80. OHIO ACADEMIC RESOURCES NETWORK (OARNET)

102983

The foregoing appropriation item 235556, Ohio Academic	102984
Resources Network, shall be used by the Chancellor of the Board of	102985
Regents to support the operations of the Ohio Academic Resources	102986
Network, a consortium organized under division (U) of section	102987
3333.04 of the Revised Code, which shall include support for	102988
Ohio's colleges and universities in maintaining and enhancing	102989
network connections, using new network technologies to improve	102990
research, education, and economic development programs, and	102991
sharing information technology services. To the extent network	102992
capacity is available, OARnet shall support allocating bandwidth	102993
to eligible programs directly supporting Ohio's economic	102994
development.	102995

Section 371.40.90. LONG-TERM CARE RESEARCH

102996

The foregoing appropriation item 235558, Long-term Care	102997
Research, shall be disbursed to Miami University for long-term	102998
care research.	102999

Section 371.50.10. OHIO COLLEGE OPPORTUNITY GRANT

103000

(A) Except as provided in division (C) of this section:

103001

The foregoing appropriation item 235563, Ohio College	103002
Opportunity Grant, shall be used by the Chancellor of the Board of	103003
Regents to award needs-based financial aid to students enrolled in	103004
eligible institutions of higher education, excluding early college	103005
high school and post-secondary enrollment option participants.	103006

An amount equal to the unexpended, unencumbered portion of	103007
the foregoing appropriation item 235563, Ohio College Opportunity	103008
Grant, at the end of fiscal year 2012 is hereby reappropriated to	103009
the Board of Regents for the same purpose for fiscal year 2013.	103010

(B)(1) As used in this section, "eligible institution" means	103011
any institution described in divisions (B)(2)(a) to (c) of section	103012
3333.122 of the Revised Code.	103013

(2) If the Chancellor determines that the amounts	103014
appropriated for support of the Ohio College Opportunity Grant	103015
program are inadequate to provide grants to all eligible students	103016
as calculated under division (D) of section 3333.122 of the	103017
Revised Code, the Chancellor may create a distribution formula for	103018
fiscal year 2012 and fiscal year 2013 based on the formula used in	103019
fiscal year 2011, or may follow methods established in division	103020
(C)(1)(a) or (b) of section 3333.122 of the Revised Code. The	103021
Chancellor shall notify the Controlling Board of the distribution	103022
method. Any formula calculated under this division shall be	103023
complete and established to coincide with the start of the	103024
2011-2012 academic year.	103025

(C) Prior to determining the amount of funds available to	103026
award under this section and section 3333.122 of the Revised Code,	103027
the Chancellor shall use the foregoing appropriation item 235563,	103028
Ohio College Opportunity Grant, to pay for renewals or partial	103029
renewals of scholarships students receive under the Ohio Academic	103030
Scholarship Program under sections 3333.21 and 3333.22 of the	103031
Revised Code.	103032

In each fiscal year, the Chancellor shall not distribute or	103033
obligate or commit to be distributed an amount greater than what	103034
is appropriated under the foregoing appropriation item 235563,	103035
Ohio College Opportunity Grant.	103036

(D) The Chancellor shall establish, and post on the Ohio	103037
Board of Regents' web site, award tables based on any formulas	103038
created under division (B) of this section. The Chancellor shall	103039
notify students and institutions of any reductions in awards under	103040
this section.	103041

On or before August 31, 2011, the Chancellor of the Board of	103042
Regents shall submit award tables to the Controlling Board for the	103043
2011-2012 academic year and allocations of Ohio College	103044
Opportunity Grant awards not already specified in section 3333.122	103045
of the Revised Code.	103046

(E) Notwithstanding section 3333.122 of the Revised Code, no	103047
student shall be eligible to receive an Ohio College Opportunity	103048
Grant for more than ten semesters, fifteen quarters, or the	103049
equivalent of five academic years, less the number of semesters or	103050
quarters in which the student received an Ohio Instructional	103051
Grant.	103052

Section 371.50.20. THE OHIO STATE UNIVERSITY CLINIC SUPPORT

103053

The foregoing appropriation item 235572, The Ohio State	103054
University Clinic Support, shall be distributed through the	103055
Chancellor of the Board of Regents to The Ohio State University	103056
for support of dental and veterinary medicine clinics.	103057

Section 371.50.30. NATIONAL GUARD SCHOLARSHIP PROGRAM

103058

The Chancellor of the Board of Regents shall disburse funds	103059
from appropriation item 235599, National Guard Scholarship	103060
Program, at the direction of the Adjutant General. During each	103061
fiscal year, the Chancellor of the Board of Regents, within ten	103062
days of cancellation, may certify to the Director of Budget and	103063
Management the amount of canceled prior-year encumbrances in	103064
appropriation item 235599, National Guard Scholarship Program.	103065
Upon receipt of the certification, the Director of Budget and	103066
Management may transfer cash in an amount up to the amount	103067
certified from the General Revenue Fund to the National Guard	103068
Scholarship Reserve Fund (Fund 5BM0). Upon the request of the	103069
Adjutant General, the Chancellor of the Board of Regents shall	103070
seek Controlling Board approval to authorize additional	103071
expenditures for appropriation item 235623, National Guard	103072
Scholarship Reserve Fund. Upon approval of the Controlling Board,	103073
the additional amounts are hereby appropriated. The Chancellor of	103074
the Board of Regents shall disburse funds from appropriation item	103075
235623, National Guard Scholarship Reserve Fund, at the direction	103076
of the Adjutant General.	103077

Section 371.50.40. PLEDGE OF FEES

103078

Any new pledge of fees, or new agreement for adjustment of	103079
fees, made in the biennium ending June 30, 2013, to secure bonds	103080
or notes of a state-assisted institution of higher education for a	103081
project for which bonds or notes were not outstanding on the	103082
effective date of this section shall be effective only after	103083
approval by the Chancellor of the Board of Regents, unless	103084
approved in a previous biennium.	103085

Section 371.50.50. HIGHER EDUCATION GENERAL OBLIGATION DEBT	103086
SERVICE	103087

The foregoing appropriation item 235909, Higher Education	103088
General Obligation Debt Service, shall be used to pay all debt	103089
service and related financing costs at the times they are required	103090
to be made during the period from July 1, 2011, through June 30,	103091
2013, for obligations issued under sections 151.01 and 151.04 of	103092
the Revised Code.	103093

Section 371.50.60. SALES AND SERVICES

103094

The Chancellor of the Board of Regents is authorized to	103095
charge and accept payment for the provision of goods and services.	103096
Such charges shall be reasonably related to the cost of producing	103097
the goods and services. Except as otherwise provided by law, no	103098
charges may be levied for goods or services that are produced as	103099
part of the routine responsibilities or duties of the Chancellor.	103100
All revenues received by the Chancellor of the Board of Regents	103101
shall be deposited into Fund 4560, and may be used by the	103102
Chancellor of the Board of Regents to pay for the costs of	103103
producing the goods and services.	103104

Section 371.50.63. CO-OP INTERNSHIP PROGRAM

103105

Of the foregoing appropriation item 235649, Co-op Internship	103106
Program, $75,000 in each fiscal year shall be used by the	103107
Chancellor of the Board of Regents to support the operations of	103108
Ohio University's Voinovich School.	103109

Of the foregoing appropriation item 235649, Co-op Internship	103110
Program, $75,000 in each fiscal year, shall be used by the	103111
Chancellor of the Board of Regents to support the operations of	103112
The Ohio State University's John Glenn School of Public Affairs.	103113

Of the foregoing appropriation item 235649, Co-op Internship	103114
Program, $75,000 in each fiscal year shall be used to support the	103115
Bliss Institute of Applied Politics at the University of Akron.	103116

Section 371.50.70. HIGHER EDUCATIONAL FACILITY COMMISSION	103117
ADMINISTRATION	103118

The foregoing appropriation item 235602, Higher Educational	103119
Facility Commission Administration, shall be used by the	103120
Chancellor of the Board of Regents for operating expenses related	103121
to the Chancellor of the Board of Regents' support of the	103122
activities of the Ohio Higher Educational Facility Commission.	103123
Upon the request of the Chancellor, the Director of Budget and	103124
Management shall transfer up to $29,100 cash in fiscal year 2012	103125
and up to $29,100 cash in fiscal year 2013 from the HEFC Operating	103126
Expenses Fund (Fund 4610) to the HEFC Administration Fund (Fund	103127
4E80).	103128

Section 371.50.80. NURSING LOAN PROGRAM

103129

The foregoing appropriation item 235606, Nursing Loan	103130
Program, shall be used to administer the nurse education	103131
assistance program. Up to $167,580 in each fiscal year may be used	103132
for operating expenses associated with the program. Any additional	103133
funds needed for the administration of the program are subject to	103134
Controlling Board approval.	103135

Section 371.50.90. VETERANS PREFERENCES

103136

The Chancellor of the Board of Regents shall work with the	103137
Department of Veterans Services to develop specific veterans	103138
preference guidelines for higher education institutions. These	103139
guidelines shall ensure that the institutions' hiring practices	103140
are in accordance with the intent of Ohio's veterans preference	103141
laws.	103142

Section 371.60.10. STATE NEED-BASED FINANCIAL AID	103143
RECONCILIATION	103144

By the first day of August in each fiscal year, or as soon as	103145
possible thereafter, the Chancellor of the Board of Regents shall	103146
certify to the Director of Budget and Management the amount	103147
necessary to pay any outstanding prior year obligations to higher	103148
education institutions for the state's need-based financial aid	103149
programs. The amounts certified are hereby appropriated to	103150
appropriation item 235618, State Need-based Financial Aid	103151
Reconciliation, from revenues received in the State Need-based	103152
Financial Aid Reconciliation Fund (Fund 5Y50).	103153

Section 371.60.20. (A) As used in this section:

103154

(1) "Board of trustees" includes the managing authority of a	103155
university branch district.	103156

(2) "State institution of higher education" has the same	103157
meaning as in section 3345.011 of the Revised Code.	103158

(B) The board of trustees of any state institution of higher	103159
education, notwithstanding any rule of the institution to the	103160
contrary, may adopt a policy providing for mandatory furloughs of	103161
employees, including faculty, to achieve spending reductions	103162
necessitated by institutional budget deficits.	103163

Section 371.60.30. SHARED SERVICES

103164

(A) Except as otherwise provided in this section, any state	103165
institution of higher education with total FTE enrollment under	103166
5,000 shall enter into strategic partnerships for shared services	103167
with other institutions of higher education, school districts,	103168
local government entities, or regional shared services centers.	103169

The strategic partnerships entered into pursuant to this	103170
section shall be comprehensive and shall include but not be	103171
limited to services for accounting, business and finance,	103172
conferences, development, enrollment management, financial aid,	103173
testing, career services, human resources, employee prescription	103174
drug benefits, marketing and public relations, purchasing,	103175
technology services, and telecommunications. Co-located campuses	103176
shall also enter into partnerships to share costs for building and	103177
grounds maintenance, executive office operations, security and law	103178
enforcement, food service, and student activities such as	103179
performing arts and sports.	103180

Each state institution may seek a waiver from the Chancellor	103181
of the Board of Regents in one or more of the above areas. In	103182
seeking a waiver from the Chancellor, the institution must	103183
demonstrate the efficiency of its individual operation or a	103184
strategic partnership with another entity that achieves similar	103185
results. If the Chancellor determines that the institution fails	103186
to demonstrate the efficiency of its operation, the Chancellor	103187
shall report the institution's failure to the Governor and members	103188
of the General Assembly.	103189

Each state institution of higher education shall report to	103190
the Chancellor by December 31, 2011, and annually thereafter,	103191
regarding its strategic partnerships. Reports shall document the	103192
amount saved through the partnerships.	103193

(B) Any institution that provides employee prescription drug	103194
benefits through the Rx Ohio Collaborative shall be deemed to have	103195
demonstrated maximum cost savings in this area.	103196

Section 371.60.40. EFFICIENCY ADVISORY COMMITTEE

103197

The Chancellor of the Board of Regents shall establish an	103198
efficiency advisory committee for the purpose of generating	103199
optimal efficiency plans for campuses, identifying shared services	103200
opportunities, and sharing best practices. The efficiency advisory	103201
committee shall also attempt to reduce the cost of textbooks and	103202
other education resource materials. The committee shall meet at	103203
the call of the Chancellor or the Chancellor's designee, but at	103204
least quarterly. Each state institution of higher education shall	103205
designate an employee to serve as its efficiency officer	103206
responsible for the evaluation and improvement of operational	103207
efficiencies on campus. Each efficiency officer shall serve on the	103208
efficiency advisory committee.	103209

Section 371.60.50. TEXTBOOK AFFORDABILITY

103210

Each state institution of higher education shall submit to	103211
the Chancellor of the Board of Regents by December 31, 2011, a	103212
plan to reduce the cost to students of textbooks and other	103213
education resource materials.	103214

Section 371.60.60. TUITION TRUST AUTHORITY APPROPRIATION LINE	103215
ITEM TRANSFER	103216

On July 1, 2011, or as soon as possible thereafter, the	103217
Director of Budget and Management, upon request by the Chancellor	103218
of the Board of Regents, shall cancel any existing encumbrances	103219
against appropriation item 095602, Variable Savings Plans, and	103220
re-establish them against appropriation item 235663, Variable	103221
Savings Plans. The re-established encumbrance amounts are hereby	103222
appropriated.	103223

On July 1, 2011, or as soon as possible thereafter, the	103224
Director of Budget and Management, upon request by the Chancellor	103225
of the Board of Regents, shall cancel any existing encumbrances	103226
against appropriation item 095601, Guaranteed Savings Plan, and	103227
re-establish them against appropriation item 235664, Guaranteed	103228
Savings Plan. The re-established encumbrance amounts are hereby	103229
appropriated.	103230

Section 371.60.70. (A) Notwithstanding anything to the	103231
contrary in sections 3333.81 to 3333.88 of the Revised Code, the	103232
distance learning clearinghouse required to be established under	103233
those sections shall be located at the Ohio Resource Center for	103234
Mathematics, Science, and Reading administered by the College of	103235
Education and Human Ecology at The Ohio State University. The	103236
College shall provide access to its online repository of	103237
educational content to offer courses from multiple providers at	103238
competitive prices for Ohio students in grades kindergarten to	103239
twelve.	103240

(B) The College shall review the content of each course	103241
offered to assess the course's alignment with the academic	103242
standards adopted under division (A) of section 3301.079 of the	103243
Revised Code and shall publish its determination about the degree	103244
of alignment.	103245

(C) The College shall indicate, for each course offered, the	103246
academic credit that a student may reasonably expect to earn upon	103247
successful completion of the course. However, in accordance with	103248
section 3333.85 of the Revised Code, the school district or school	103249
in which the student is enrolled retains full authority to	103250
determine the credit awarded to the student.	103251

(D) As prescribed by section 3333.84 of the Revised Code, the	103252
fee charged for a course shall be set by the course provider. The	103253
College may retain a percentage of the fee to offset the cost of	103254
maintaining the course repository.	103255

(E) The College may establish policies to protect the	103256
proprietary interest in or intellectual property of the	103257
educational content and courses that are housed in the course	103258
repository. The College may require end users to agree to the	103259
terms of any such policies prior to accessing the repository.	103260

Section 371.60.80. (A) The Ohio Digital Learning Task Force	103261
is hereby established to develop a strategy for the expansion of	103262
digital learning that enables students to customize their	103263
education, produces cost savings, and meets the needs of Ohio's	103264
economy. The Task Force shall consist of the following members:	103265

(1) The Chancellor of the Ohio Board of Regents or the	103266
Chancellor's designee;	103267

(2) The Superintendent of Public Instruction or the	103268
Superintendent's designee;	103269

(3) The Director of the Governor's Office of 21st Century	103270
Education or the Director's designee;	103271

(4) Up to six members appointed by the Governor, who shall be	103272
representatives of school districts or community schools,	103273
established under Chapter 3314. of the Revised Code, that are	103274
high-performing of their type and have demonstrated the ability to	103275
incorporate technology into the classroom successfully;	103276

(5) A member appointed by the President of the Senate;

103277

(6) A member appointed by the Speaker of the House of	103278
Representatives.	103279

(B) Members of the Task Force shall be appointed not later	103280
than sixty days after the effective date of this section.	103281
Vacancies on the Task Force shall be filled in the same manner as	103282
the original appointments. Members shall serve without	103283
compensation.	103284

(C) The Governor shall designate the chairperson of the Task	103285
Force. All meetings of the Task Force shall be held at the call of	103286
the chairperson.	103287

(D) The Task Force shall do all of the following:

103288

(1) Request information from textbook publishers about the	103289
development of digital textbooks and other new digital content	103290
distribution methods for use by primary, secondary, and	103291
post-secondary schools and institutions and examine that	103292
information;	103293

(2) Examine potential cost savings and efficiency of	103294
utilizing digital textbooks and other new digital content	103295
distribution methods in primary, secondary, and post-secondary	103296
schools and institutions;	103297

(3) Examine potential academic benefits of utilizing digital	103298
textbooks and other new digital content distribution methods,	103299
including, but not limited to, the ability to individualize	103300
content to specific student learning styles, accessibility for	103301
individuals with disabilities, and the integration of formative	103302
and other online assessments;	103303

(4) Examine digital content pilot programs and initiatives	103304
currently operating at primary, secondary, and post-secondary	103305
schools and institutions in Ohio, including, but not limited to,	103306
those financed in part with federal funds;	103307

(5) Examine any state-level initiatives to provide or	103308
facilitate use of digital content in primary, secondary, and	103309
post-secondary schools and institutions in Ohio.	103310

(E) The Task Force shall make recommendations regarding all	103311
of the following:	103312

(1) The creation of high quality digital content and	103313
instruction in grades kindergarten to twelve for free access by	103314
public and nonpublic schools and students receiving home	103315
instruction;	103316

(2) High quality professional development for teachers and	103317
principals providing online instruction or blended learning	103318
programs;	103319

(3) Funding strategies that create incentives for high	103320
performance, innovation, and options in course providers and	103321
delivery;	103322

(4) Student assessment and accountability;

103323

(5) Infrastructure to support digital learning;

103324

(6) Mobile learning and mobile learning applications;

103325

(7) The clearinghouse established under section 3333.82 of	103326
the Revised Code;	103327

(8) Ways to align the resources and digital learning	103328
initiatives of state agencies and offices;	103329

(9) Methods for removing redundancy and inefficiency in, and	103330
for providing coordination, of all digital learning programs,	103331
including the provision of free online instruction to public and	103332
nonpublic schools on a statewide basis;	103333

(10) Methods of addressing future changes in technology and	103334
learning.	103335

(E) Not later than March 1, 2012, the Task Force shall issue	103336
a report of its findings and recommendations to the Governor, the	103337
President of the Senate, and the Speaker of the House of	103338
Representatives. Upon issuance of its report, the Task Force shall	103339
cease to exist.	103340

Section 371.60.90. Not later than six months after the	103341
effective date of this section, the Chancellor of the Ohio Board	103342
of Regents shall do both of the following:	103343

(A) Take steps to facilitate full implementation of any	103344
digital textbook and digital content pilot programs currently	103345
planned at any state institutions of higher education in Ohio;	103346

(B) Take steps to ensure that those pilot programs examine	103347
the potential cost savings and efficiencies of digital content and	103348
the potential academic benefits, including, but not limited to,	103349
the ability to individualize content to specific student learning	103350
styles, accessibility for individuals with disabilities, and the	103351
integration of formative and other online assessments.	103352

Section 373.10. DRC DEPARTMENT OF REHABILITATION AND	103353
CORRECTION	103354

General Revenue Fund							103355
GRF	501321	Institutional Operations	$	909,547,156	$	866,592,589	103356
GRF	501403	Prisoner Compensation	$	8,599,255	$	8,599,255	103357
GRF	501405	Halfway House	$	43,637,069	$	43,622,104	103358
GRF	501406	Lease Rental Payments	$	42,863,100	$	104,301,500	103359
GRF	501407	Community Nonresidential Programs	$	25,859,382	$	25,839,390	103360
GRF	501408	Community Misdemeanor Programs	$	14,406,800	$	14,406,800	103361
GRF	501501	Community Residential Programs - CBCF	$	62,692,785	$	62,477,785	103362
GRF	502321	Mental Health Services	$	58,525,816	$	51,778,513	103363
GRF	503321	Parole and Community Operations	$	68,197,272	$	63,783,848	103364
GRF	504321	Administrative Operations	$	21,996,504	$	20,085,474	103365
GRF	505321	Institution Medical Services	$	209,231,014	$	195,241,961	103366
GRF	506321	Institution Education Services	$	20,237,576	$	18,086,492	103367
GRF	507321	Institution Recovery Services	$	5,786,109	$	5,375,737	103368
TOTAL GRF General Revenue Fund			$	1,491,579,838	$	1,480,191,448	103369

General Services Fund Group	103370

1480	501602	Services and Agricultural	$	3,579,250	$	3,584,263	103371
2000	501607	Ohio Penal Industries	$	45,172,184	$	45,791,729	103372
4830	501605	Property Receipts	$	182,723	$	182,086	103373
4B00	501601	Sewer Treatment Services	$	2,145,630	$	2,157,682	103374
4D40	501603	Prisoner Programs	$	16,652,286	$	16,659,901	103375
4L40	501604	Transitional Control	$	1,168,843	$	1,213,120	103376
4S50	501608	Education Services	$	2,376,041	$	2,359,775	103377
5710	501606	Training Academy Receipts	$	125,000	$	125,000	103378
5930	501618	Laboratory Services	$	6,665,137	$	6,664,729	103379
5AF0	501609	State and Non-Federal Awards	$	1,440,000	$	1,440,000	103380
5H80	501617	Offender Financial Responsibility	$	3,000,000	$	3,000,000	103381
5L60	501611	Information Technology Services	$	600,000	$	600,000	103382
TOTAL GSF General Services Fund Group			$	83,107,094	$	83,778,285	103383

Federal Special Revenue Fund Group	103384

3230	501619	Federal Grants	$	9,013,558	$	9,180,703	103385
TOTAL FED Federal Special Revenue							103386
Fund Group			$	9,013,558	$	9,180,703	103387

TOTAL ALL BUDGET FUND GROUPS

1,583,700,490

1,573,150,436

103388

TRANSFER OF OPERATING APPROPRIATIONS TO IMPLEMENT CRIMINAL	103389
SENTENCING REFORMS	103390

For the purposes of implementing criminal sentencing reforms,	103391
and notwithstanding any other provision of law to the contrary,	103392
the Director of Budget and Management, at the request of the	103393
Director of Rehabilitation and Correction, may transfer up to	103394
$14,000,000 in appropriations, in each of fiscal years 2012 and	103395
2013, from appropriation item 501321, Institutional Operations, to	103396
any combination of appropriation items 501405, Halfway House;	103397
501407, Community Residential Programs; 501408, Community	103398
Misdemeanor Programs; and 501501, Community Residential Programs -	103399
CBCF.	103400

OHIO BUILDING AUTHORITY LEASE PAYMENTS

103401

The foregoing appropriation item 501406, Lease Rental	103402
Payments, shall be used to meet all payments at the times they are	103403
required to be made during the period from July 1, 2011, through	103404
June 30, 2013, by the Department of Rehabilitation and Correction	103405
to the Ohio Building Authority under the primary leases and	103406
agreements for those buildings made under Chapter 152. of the	103407
Revised Code. These appropriations are the source of funds pledged	103408
for bond service charges or obligations issued pursuant to Chapter	103409
152. of the Revised Code.	103410

OSU MEDICAL CHARGES

103411

Notwithstanding section 341.192 of the Revised Code, at the	103412
request of the Department of Rehabilitation and Correction, The	103413
Ohio State University Medical Center, including the James Cancer	103414
Hospital and Solove Research Institute and the Richard M. Ross	103415
Heart Hospital, shall provide necessary care to persons who are	103416
confined in state adult correctional facilities. The provision of	103417
necessary care shall be billed to the Department at a rate not to	103418
exceed the authorized reimbursement rate for the same service	103419
established by the Department of Job and Family Services under the	103420
Medical Assistance Program.	103421

Section 375.10. RSC REHABILITATION SERVICES COMMISSION

103422

General Revenue Fund	103423

GRF	415402	Independent Living Council	$	252,000	$	252,000	103424
GRF	415406	Assistive Technology	$	26,618	$	26,618	103425
GRF	415431	Office for People with Brain Injury	$	126,567	$	126,567	103426
GRF	415506	Services for People with Disabilities	$	12,777,884	$	12,777,884	103427
GRF	415508	Services for the Deaf	$	28,000	$	28,000	103428
TOTAL GRF General Revenue Fund			$	13,211,069	$	13,211,069	103429

General Services Fund Group	103430

4670	415609	Business Enterprise Operating Expenses	$	1,308,431	$	1,303,090	103431
TOTAL GSF General Services							103432
Fund Group			$	1,308,431	$	1,303,090	103433

Federal Special Revenue Fund Group	103434

3170	415620	Disability Determination	$	97,579,095	$	97,579,095	103435
3790	415616	Federal - Vocational Rehabilitation	$	103,160,426	$	103,150,102	103436
3L10	415601	Social Security Personal Care Assistance	$	3,370,000	$	3,370,000	103437
3L10	415605	Social Security Community Centers for the Deaf	$	772,000	$	772,000	103438
3L10	415608	Social Security Special Programs/Assistance	$	1,521,406	$	1,520,184	103439
3L40	415612	Federal Independent Living Centers or Services	$	652,222	$	652,222	103440
3L40	415615	Federal - Supported Employment	$	929,755	$	929,755	103441
3L40	415617	Independent Living/Vocational Rehabilitation Programs	$	2,137,338	$	2,137,338	103442
TOTAL FED Federal Special							103443
Revenue Fund Group			$	210,122,242	$	210,110,696	103444

State Special Revenue Fund Group	103445

4680	415618	Third Party Funding	$	10,802,589	$	10,802,589	103446
4L10	415619	Services for Rehabilitation	$	3,700,000	$	3,700,000	103447
4W50	415606	Program Management Expenses	$	11,636,730	$	11,587,201	103448
TOTAL SSR State Special							103449
Revenue Fund Group			$	26,139,319	$	26,089,790	103450
TOTAL ALL BUDGET FUND GROUPS			$	250,781,061	$	250,714,645	103451

INDEPENDENT LIVING COUNCIL

103452

The foregoing appropriation item 415402, Independent Living	103453
Council, shall be used to fund the operations of the State	103454
Independent Living Council and to support state independent living	103455
centers and independent living services under Title VII of the	103456
Independent Living Services and Centers for Independent Living of	103457
the Rehabilitation Act Amendments of 1992, 106 Stat. 4344, 29	103458
U.S.C. 796d.	103459

Of the foregoing appropriation item 415402, Independent	103460
Living Council, $67,662 in each fiscal year shall be used as state	103461
matching funds for vocational rehabilitation innovation and	103462
expansion activities.	103463

ASSISTIVE TECHNOLOGY

103464

The total amount of the foregoing appropriation item 415406,	103465
Assistive Technology, shall be provided to Assistive Technology of	103466
Ohio to provide grants and assistive technology services for	103467
people with disabilities in the State of Ohio.	103468

OFFICE FOR PEOPLE WITH BRAIN INJURY

103469

The foregoing appropriation item 415431, Office for People	103470
with Brain Injury, shall be used to plan and coordinate	103471
head-injury-related services provided by state agencies and other	103472
government or private entities, to assess the needs for such	103473
services, and to set priorities in this area.	103474

Of the foregoing appropriation item 415431, Office for People	103475
with Brain Injury, $44,067 in each fiscal year shall be used as	103476
state matching funds to provide vocational rehabilitation services	103477
to eligible consumers.	103478

VOCATIONAL REHABILITATION SERVICES

103479

The foregoing appropriation item 415506, Services for People	103480
with Disabilities, shall be used as state matching funds to	103481
provide vocational rehabilitation services to eligible consumers.	103482

At the request of the Chancellor of the Board of Regents, the	103483
Director of Budget and Management may transfer any unexpended,	103484
unencumbered appropriation in fiscal year 2012 or fiscal year 2013	103485
from appropriation item 235502, Student Support Services, to	103486
appropriation item 415506, Services for People with Disabilities.	103487
Any appropriation so transferred shall be used by the Ohio	103488
Rehabilitation Services Commission to obtain additional federal	103489
matching funds to serve disabled students.	103490

SERVICES FOR THE DEAF

103491

The foregoing appropriation item 415508, Services for the	103492
Deaf, shall be used to provide grants to community centers for the	103493
deaf.	103494

INDEPENDENT LIVING/VOCATIONAL REHABILITATION PROGRAMS

103495

The foregoing appropriation item 415617, Independent	103496
Living/Vocational Rehabilitation Programs, shall be used to	103497
support vocational rehabilitation programs.	103498

SOCIAL SECURITY REIMBURSEMENT FUNDS

103499

Reimbursement funds received from the Social Security	103500
Administration, United States Department of Health and Human	103501
Services, for the costs of providing services and training to	103502
return disability recipients to gainful employment shall be	103503
expended from the Social Security Reimbursement Fund (Fund 3L10),	103504
to the extent funds are available, as follows:	103505

(A) Appropriation item 415601, Social Security Personal Care	103506
Assistance, to provide personal care services in accordance with	103507
section 3304.41 of the Revised Code;	103508

(B) Appropriation item 415605, Social Security Community	103509
Centers for the Deaf, to provide grants to community centers for	103510
the deaf in Ohio for services to individuals with hearing	103511
impairments; and	103512

(C) Appropriation item 415608, Social Security Special	103513
Programs/Assistance, to provide vocational rehabilitation services	103514
to individuals with severe disabilities who are Social Security	103515
beneficiaries, to enable them to achieve competitive employment.	103516
This appropriation item shall also be used to pay a portion of	103517
indirect costs of the Personal Care Assistance Program and the	103518
Independent Living Programs as mandated by federal OMB Circular	103519
A-87.	103520

PROGRAM MANAGEMENT EXPENSES

103521

The foregoing appropriation item 415606, Program Management	103522
Expenses, shall be used to support the administrative functions of	103523
the commission related to the provision of vocational	103524
rehabilitation, disability determination services, and ancillary	103525
programs.	103526

Section 377.10. RCB RESPIRATORY CARE BOARD

103527

General Services Fund Group	103528

4K90	872609	Operating Expenses	$	528,624	$	523,013	103529
TOTAL GSF General Services							103530
Fund Group			$	528,624	$	523,013	103531
TOTAL ALL BUDGET FUND GROUPS			$	528,624	$	523,013	103532

Section 379.10. RDF REVENUE DISTRIBUTION FUNDS

103534

Volunteer Firefighters' Dependents Fund	103535

7085	800985	Volunteer Firemen's Dependents Fund	$	300,000	$	300,000	103536
TOTAL 085 Volunteer Firefighters'							103537
Dependents Fund			$	300,000	$	300,000	103538
Agency Fund Group							103539
4P80	001698	Cash Management Improvement Fund	$	3,100,000	$	3,100,000	103540
5JG0	110633	Gross Casino Revenue County Fund	$	5,778,617	$	138,882,294	103541
5JH0	110634	Gross Casino Revenue County Student Fund	$	3,852,412	$	92,588,196	103542
5JJ0	110636	Gross Casino Revenue Host City Fund	$	566,531	$	13,615,911	103543
5JK0	875610	Ohio State Racing Commission Fund	$	339,919	$	8,169,547	103544
5JL0	038629	Problem Casino Gambling and Addictions Fund	$	226,612	$	5,446,364	103545
5JN0	055654	Ohio Law Enforcement Training Fund	$	226,612	$	5,446,364	103546
6080	001699	Investment Earnings	$	50,000,000	$	150,000,000	103547
7062	110962	Resort Area Excise Tax	$	1,000,000	$	1,000,000	103548
7063	110963	Permissive Tax Distribution	$	1,904,500,000	$	1,980,700,000	103549
7067	110967	School District Income Tax	$	317,000,000	$	330,000,000	103550
TOTAL AGY Agency Fund Group			$	2,286,590,703	$	2,728,948,676	103551

Holding Account Redistribution	103552

R045	110617	International Fuel Tax Distribution	$	40,000,000	$	40,000,000	103553
TOTAL 090 Holding Account Redistribution Fund							103554
Revenue Distribution Fund Group			$	40,000,000	$	40,000,000	103555
7049	038900	Indigent Drivers Alcohol Treatment	$	2,200,000	$	2,200,000	103556
7050	762900	International Registration Plan Distribution	$	30,000,000	$	30,000,000	103557
7051	762901	Auto Registration Distribution	$	539,000,000	$	539,000,000	103558
7054	110954	Local Government Property Tax Replacement - Utility	$	16,000,000	$	11,000,000	103559
7060	110960	Gasoline Excise Tax Fund	$	393,000,000	$	395,000,000	103560
7065	110965	Public Library Fund	$	354,000,000	$	345,000,000	103561
7066	800966	Undivided Liquor Permits	$	14,100,000	$	14,100,000	103562
7068	110968	State and Local Government Highway Distribution	$	193,000,000	$	196,000,000	103563
7069	110969	Local Government Fund	$	526,000,000	$	339,000,000	103564
7081	110981	Local Government Property Tax Replacement-Business	$	291,000,000	$	181,000,000	103565
7082	110982	Horse Racing Tax	$	100,000	$	100,000	103566
7083	700900	Ohio Fairs Fund	$	1,400,000	$	1,400,000	103567
TOTAL RDF Revenue Distribution							103568
Fund Group			$	2,359,800,000	$	2,053,800,000	103569
TOTAL ALL BUDGET FUND GROUPS			$	4,686,690,703	$	4,823,048,676	103570

ADDITIONAL APPROPRIATIONS

103571

Appropriation items in this section shall be used for the	103572
purpose of administering and distributing the designated revenue	103573
distribution funds according to the Revised Code. If it is	103574
determined that additional appropriations are necessary for this	103575
purpose, such amounts are hereby appropriated.	103576

GENERAL REVENUE FUND TRANSFERS

103577

Notwithstanding any provision of law to the contrary, in	103578
fiscal year 2012 and fiscal year 2013, the Director of Budget and	103579
Management may transfer from the General Revenue Fund to the Local	103580
Government Tangible Property Tax Replacement Fund (Fund 7081) in	103581
the Revenue Distribution Fund Group, those amounts necessary to	103582
reimburse local taxing units under section 5751.22 of the Revised	103583
Code. Also, in fiscal year 2012 and fiscal year 2013, the Director	103584
of Budget and Management may make temporary transfers from the	103585
General Revenue Fund to ensure sufficient balances in the Local	103586
Government Tangible Property Tax Replacement Fund (Fund 7081) and	103587
to replenish the General Revenue Fund for such transfers.	103588

Section 381.10. SAN BOARD OF SANITARIAN REGISTRATION

103589

General Services Fund Group	103590

4K90	893609	Operating Expenses	$	141,839	$	126,850	103591
TOTAL GSF General Services							103592
Fund Group			$	141,839	$	126,850	103593
TOTAL ALL BUDGET FUND GROUPS			$	141,839	$	126,850	103594

Section 383.10. OSB OHIO STATE SCHOOL FOR THE BLIND

103596

General Revenue Fund	103597

GRF	226100	Personal Services	$	6,593,546	$	6,593,546	103598
GRF	226200	Maintenance	$	619,528	$	619,528	103599
GRF	226300	Equipment	$	65,505	$	65,505	103600
TOTAL GRF General Revenue Fund			$	7,278,579	$	7,278,579	103601

General Services Fund Group	103602

4H80	226602	Education Reform Grants	$	60,086	$	60,086	103603
TOTAL GSF General Services							103604
Fund Group			$	60,086	$	60,086	103605

Federal Special Revenue Fund Group	103606

3100	226626	Coordinating Unit	$	2,527,104	$	2,527,104	103607
3DT0	226621	Ohio Transition Collaborative	$	1,800,000	$	1,800,000	103608
3P50	226643	Medicaid Professional Services Reimbursement	$	50,000	$	50,000	103609
TOTAL FED Federal Special							103610
Revenue Fund Group			$	4,377,104	$	4,377,104	103611

State Special Revenue Fund Group	103612

4M50	226601	Work Study and Technology Investment	$	698,521	$	698,521	103613
TOTAL SSR State Special Revenue							103614
Fund Group			$	698,521	$	698,521	103615
TOTAL ALL BUDGET FUND GROUPS			$	12,414,290	$	12,414,290	103616

Section 385.10. OSD OHIO SCHOOL FOR THE DEAF

103618

General Revenue Fund	103619

GRF	221100	Personal Services	$	7,842,339	$	7,842,339	103620
GRF	221200	Maintenance	$	814,532	$	814,532	103621
GRF	221300	Equipment	$	70,786	$	70,786	103622
TOTAL GRF General Revenue Fund			$	8,727,657	$	8,727,657	103623

General Services Fund Group	103624

4M10	221602	Education Reform Grants	$	74,903	$	74,903	103625
TOTAL GSF General Services							103626
Fund Group			$	74,903	$	74,903	103627

Federal Special Revenue Fund Group	103628

3110	221625	Coordinating Unit	$	2,460,135	$	2,460,135	103629
3R00	221684	Medicaid Professional Services Reimbursement	$	35,000	$	35,000	103630
3Y10	221686	Early Childhood Grant	$	300,000	$	300,000	103631
TOTAL FED Federal Special							103632
Revenue Fund Group			$	2,795,135	$	2,795,135	103633

State Special Revenue Fund Group	103634

4M00	221601	Educational Program Expenses	$	190,000	$	190,000	103635
5H60	221609	Even Start Fees and Gifts	$	126,750	$	126,750	103636
TOTAL SSR State Special Revenue							103637
Fund Group			$	316,750	$	316,750	103638
TOTAL ALL BUDGET FUND GROUPS			$	11,914,445	$	11,914,445	103639

Section 387.10. SFC SCHOOL FACILITIES COMMISSION

103641

General Revenue Fund	103642

GRF	230908		Common Schools General Obligation Debt Service		$	150,604,900		$	341,919,400		103643
TOTAL GRF General Revenue Fund					$	150,604,900		$	341,919,400		103644

State Special Revenue Fund Group	103645

5E30	230644	Operating Expenses	$	8,950,000	$	8,550,000	103646
TOTAL SSR State Special Revenue							103647
Fund Group			$	8,950,000	$	8,550,000	103648
TOTAL ALL BUDGET FUND GROUPS			$	159,554,900	$	350,469,400	103649

Section 387.20. COMMON SCHOOLS GENERAL OBLIGATION DEBT	103651
SERVICE	103652

The foregoing appropriation item 230908, Common Schools	103653
General Obligation Debt Service, shall be used to pay all debt	103654
service and related financing costs at the times they are required	103655
to be made during the period from July 1, 2011, through June 30,	103656
2013, for obligations issued under sections 151.01 and 151.03 of	103657
the Revised Code.	103658

OPERATING EXPENSES

103659

The foregoing appropriation item 230644, Operating Expenses,	103660
shall be used by the Ohio School Facilities Commission to carry	103661
out its responsibilities under this section and Chapter 3318. of	103662
the Revised Code.	103663

In both fiscal years 2012 and 2013, the Executive Director of	103664
the Ohio School Facilities Commission shall certify on a quarterly	103665
basis to the Director of Budget and Management the amount of cash	103666
from interest earnings to be transferred from the School Building	103667
Assistance Fund (Fund 7032), the Public School Building Fund (Fund	103668
7021), and the Educational Facilities Trust Fund (Fund N087) to	103669
the Ohio School Facilities Commission Fund (Fund 5E30). The amount	103670
transferred from the School Building Assistance Fund (Fund 7032)	103671
may not exceed investment earnings credited to the fund, less any	103672
amount required to be paid for federal arbitrage rebate purposes.	103673

If the Executive Director of the Ohio School Facilities	103674
Commission determines that transferring cash from interest	103675
earnings is insufficient to support operations and carry out its	103676
responsibilities under this section and Chapter 3318. of the	103677
Revised Code, the Commission may, with the approval of the	103678
Controlling Board, transfer cash not generated from interest from	103679
the Public School Building Fund (Fund 7021) and the Educational	103680
Trust Fund (Fund N087) to the Ohio School Facilities Commission	103681
Fund (Fund 5E30).	103682

SCHOOL FACILITIES ENCUMBRANCES AND REAPPROPRIATION

103683

At the request of the Executive Director of the Ohio School	103684
Facilities Commission, the Director of Budget and Management may	103685
cancel encumbrances for school district projects from a previous	103686
biennium if the district has not raised its local share of project	103687
costs within thirteen months of receiving Controlling Board	103688
approval under section 3318.05 or 3318.41 of the Revised Code. The	103689
Executive Director of the Ohio School Facilities Commission shall	103690
certify the amounts of the canceled encumbrances to the Director	103691
of Budget and Management on a quarterly basis. The amounts of the	103692
canceled encumbrances are hereby appropriated.	103693

Section 387.30. AMENDMENT TO PROJECT AGREEMENT FOR	103694
MAINTENANCE LEVY	103695

The Ohio School Facilities Commission shall amend the project	103696
agreement between the Commission and a school district that is	103697
participating in the Accelerated Urban School Building Assistance	103698
Program on the effective date of this section, if the Commission	103699
determines that it is necessary to do so in order to comply with	103700
division (B)(3)(c) of section 3318.38 of the Revised Code.	103701

Section 387.40. CANTON CITY SCHOOL DISTRICT PROJECT

103702

(A) The Ohio School Facilities Commission may commit up to	103703
thirty-five million dollars to the Canton City School District for	103704
construction of a facility described in this section, in lieu of a	103705
high school that would otherwise be authorized under Chapter 3318.	103706
of the Revised Code. The Commission shall not commit funds under	103707
this section unless all of the following conditions are met:	103708

(1) The District has entered into a cooperative agreement	103709
with a state-assisted technical college;	103710

(2) The District has received an irrevocable commitment of	103711
additional funding from nonpublic sources; and	103712

(3) The facility is intended to serve both secondary and	103713
postsecondary instructional purposes.	103714

(B) The Commission shall enter into an agreement with the	103715
District for the construction of the facility authorized under	103716
this section that is separate from and in addition to the	103717
agreement required for the District's participation in the	103718
Classroom Facilities Assistance Program under section 3318.08 of	103719
the Revised Code. Notwithstanding that section and sections	103720
3318.03, 3318.04, and 3318.083 of the Revised Code, the additional	103721
agreement shall provide, but not be limited to, the following:	103722

(1) The Commission shall not have any oversight	103723
responsibilities over the construction of the facility.	103724

(2) The facility need not comply with the specifications for	103725
plans and materials for high schools adopted by the Commission.	103726

(3) The Commission may decrease the basic project cost that	103727
would otherwise be calculated for a high school under Chapter	103728
3318. of the Revised Code.	103729

(4) The state shall not share in any increases in the basic	103730
project cost for the facility above the amount authorized under	103731
this section.	103732

All other provisions of Chapter 3318. of the Revised Code	103733
apply to the approval and construction of a facility authorized	103734
under this section.	103735

The state funds committed to the facility authorized by this	103736
section shall be part of the total amount the state commits to the	103737
Canton City School District under Chapter 3318. of the Revised	103738
Code. All additional state funds committed to the Canton City	103739
School District for classroom facilities assistance shall be	103740
subject to all provisions of Chapter 3318. of the Revised Code.	103741

Section 387.50. Notwithstanding any other provision of law to	103742
the contrary, the Ohio School Facilities Commission may determine	103743
the amount of funding available for disbursement in a given fiscal	103744
year for any project approved under sections 3318.01 to 3318.20 of	103745
the Revised Code in order to keep aggregate state capital spending	103746
within approved limits and may take actions including, but not	103747
limited to, determining the schedule for design or bidding of	103748
approved projects, to ensure appropriate and supportable cash	103749
flow.	103750

Section 387.60. Notwithstanding division (B) of section	103751
3318.40 of the Revised Code, the Ohio School Facilities Commission	103752
may provide assistance to at least one joint vocational school	103753
district each fiscal year for the acquisition of classroom	103754
facilities in accordance with sections 3318.40 to 3318.45 of the	103755
Revised Code.	103756

Section 389.10. SOS SECRETARY OF STATE

103757

General Revenue Fund	103758

GRF	050321	Operating Expenses	$	2,144,030	$	2,144,030	103759
GRF	050407	Pollworkers Training	$	234,196	$	234,196	103760
TOTAL GRF General Revenue Fund			$	2,378,226	$	2,378,226	103761

General Services Fund Group	103762

4120	050609	Notary Commission	$	475,000	$	475,000	103763
4130	050601	Information Systems	$	49,000	$	49,000	103764
4140	050602	Citizen Education Fund	$	25,000	$	25,000	103765
4S80	050610	Board of Voting Machine Examiners	$	7,200	$	7,200	103766
5FG0	050620	BOE Reimbursement and Education	$	100,000	$	100,000	103767
TOTAL General Services Fund Group			$	656,200	$	656,200	103768

Federal Special Revenue Fund Group	103769

3AH0	050614	Election Reform/Health and Human Services	$	800,000	$	800,000	103770
3AS0	050616	Help America Vote Act (HAVA)	$	3,000,000	$	3,000,000	103771
TOTAL FED Federal Special Revenue							103772
Fund Group			$	3,800,000	$	3,800,000	103773

State Special Revenue Fund Group	103774

5990	050603	Business Services Operating Expenses	$	14,385,400	$	14,385,400	103775
TOTAL SSR State Special Revenue							103776
Fund Group			$	14,385,400	$	14,385,400	103777

Holding Account Redistribution Fund Group	103778

R001	050605	Uniform Commercial Code Refunds	$	30,000	$	30,000	103779
R002	050606	Corporate/Business Filing Refunds	$	85,000	$	85,000	103780
TOTAL 090 Holding Account							103781
Redistribution Fund Group			$	115,000	$	115,000	103782
TOTAL ALL BUDGET FUND GROUPS			$	21,334,826	$	21,334,826	103783

POLLWORKER TRAINING

103784

The foregoing appropriation item 050407, Pollworkers	103785
Training, shall be used to reimburse county boards of elections	103786
for pollworker training pursuant to section 3501.27 of the Revised	103787
Code. At the end of fiscal year 2012, an amount equal to the	103788
unexpended, unencumbered portion of appropriation item 050407,	103789
Pollworkers Training, is hereby reappropriated in fiscal year 2013	103790
for the same purpose.	103791

BOARD OF VOTING MACHINE EXAMINERS

103792

The foregoing appropriation item 050610, Board of Voting	103793
Machine Examiners, shall be used to pay for the services and	103794
expenses of the members of the Board of Voting Machine Examiners,	103795
and for other expenses that are authorized to be paid from the	103796
Board of Voting Machine Examiners Fund, which is created in	103797
section 3506.05 of the Revised Code. Moneys not used shall be	103798
returned to the person or entity submitting equipment for	103799
examination. If it is determined that additional appropriations	103800
are necessary, such amounts are hereby appropriated.	103801

HAVA FUNDS

103802

An amount equal to the unexpended, unencumbered portion of	103803
appropriation item 050616, Help America Vote Act (HAVA) Voting	103804
Machines, at the end of fiscal year 2012 is reappropriated for the	103805
same purpose in fiscal year 2013.	103806

An amount equal to the unexpended, unencumbered portion of	103807
appropriation item 050614, Election Reform/Health and Human	103808
Services, at the end of fiscal year 2012 is reappropriated for the	103809
same purpose in fiscal year 2013.	103810

The Director of Budget and Management shall credit the	103811
ongoing interest earnings from the Election Reform/Health and	103812
Human Services Fund (Fund 3AH0), the Help America Vote Act (HAVA)	103813
Voting Machines Fund (Fund 3AS0), and the Election Data Collection	103814
Grant Fund (Fund 3AC0) to the respective funds and distribute	103815
these earnings in accordance with the terms of the grant under	103816
which the money is received.	103817

HOLDING ACCOUNT REDISTRIBUTION GROUP

103818

The foregoing appropriation items 050605, Uniform Commercial	103819
Code Refunds, and 050606, Corporate/Business Filing Refunds, shall	103820
be used to hold revenues until they are directed to the	103821
appropriate accounts or until they are refunded. If it is	103822
determined that additional appropriations are necessary, such	103823
amounts are hereby appropriated.	103824

ABOLITION OF THE TECHNOLOGY IMPROVEMENTS FUND

103825

On July 1, 2011, or as soon as possible thereafter, the	103826
Director of Budget and Management shall transfer the cash balance	103827
in the Technology Improvements Fund (Fund 5N90) to the Business	103828
Services Operating Expenses Fund (Fund 5990). The Director shall	103829
cancel any existing encumbrances against appropriation item	103830
050607, Technology Improvements, and re-establish them against	103831
appropriation item 050603, Business Services Operating Expenses.	103832
The re-established encumbered amounts are hereby appropriated.	103833
Upon completion of the transfer, Fund 5N90 is abolished.	103834

Section 391.10. SEN THE OHIO SENATE

103835

General Revenue Fund	103836

GRF	020321		Operating Expenses		$	10,911,095		$	10,911,095		103837
TOTAL GRF General Revenue Fund					$	10,911,095		$	10,911,095		103838

General Services Fund Group	103839

1020	020602	Senate Reimbursement	$	852,001	$	852,001	103840
4090	020601	Miscellaneous Sales	$	34,497	$	34,497	103841
TOTAL GSF General Services							103842
Fund Group			$	886,498	$	886,498	103843
TOTAL ALL BUDGET FUND GROUPS			$	11,797,593	$	11,797,593	103844

OPERATING EXPENSES

103845

On July 1, 2011, or as soon as possible thereafter, the Clerk	103846
of the Senate may certify to the Director of Budget and Management	103847
the amount of the unexpended, unencumbered balance of the	103848
foregoing appropriation item 020321, Operating Expenses, at the	103849
end of fiscal year 2011 to be reappropriated to fiscal year 2012.	103850
The amount certified is hereby reappropriated to the same	103851
appropriation item for fiscal year 2012.	103852

On July 1, 2012, or as soon as possible thereafter, the Clerk	103853
of the Senate may certify to the Director of Budget and Management	103854
the amount of the unexpended, unencumbered balance of the	103855
foregoing appropriation item 020321, Operating Expenses, at the	103856
end of fiscal year 2012 to be reappropriated to fiscal year 2013.	103857
The amount certified is hereby reappropriated to the same	103858
appropriation item for fiscal year 2013.	103859

Section 393.10. CSV COMMISSION ON SERVICE AND VOLUNTEERISM

103860

General Revenue Fund	103861

GRF	866321		CSV Operations		$	129,998		$	126,664		103862
TOTAL GRF General Revenue Fund					$	129,998		$	126,664		103863

General Services Fund	103864

5GN0	866605		Serve Ohio Support		$	67,500		$	67,500		103865
TOTAL GSF General Services Fund					$	67,500		$	67,500		103866

Federal Special Revenue Fund Group	103867

3R70	866617	AmeriCorps Programs	$	8,279,290	$	8,272,110	103868
TOTAL FED Federal Special Revenue							103869
Fund Group			$	8,279,290	$	8,272,110	103870

State Special Revenue Fund Group	103871

6240	866604	Volunteer Contracts and Services	$	49,130	$	47,870	103872
TOTAL SSR State Special Revenue							103873
Fund Group			$	49,130	$	47,870	103874
TOTAL ALL BUDGET FUND GROUPS			$	8,525,918	$	8,514,144	103875

Section 395.10. CSF COMMISSIONERS OF THE SINKING FUND

103877

Debt Service Fund Group	103878

7070	155905	Third Frontier Research and Development Bond Retirement Fund	$	29,323,300	$	63,640,300	103879
7072	155902	Highway Capital Improvement Bond Retirement Fund	$	143,176,000	$	150,789,300	103880
7073	155903	Natural Resources Bond Retirement Fund	$	5,375,300	$	25,209,100	103881
7074	155904	Conservation Projects Bond Retirement Fund	$	24,556,800	$	29,297,300	103882
7076	155906	Coal Research and Development Bond Retirement Fund	$	7,861,100	$	5,577,700	103883
7077	155907	State Capital Improvement Bond Retirement Fund	$	113,306,600	$	215,571,100	103884
7078	155908	Common Schools Bond Retirement Fund	$	150,604,900	$	341,919,400	103885
7079	155909	Higher Education Bond Retirement Fund	$	108,262,500	$	201,555,000	103886
7080	155901	Persian Gulf, Afghanistan, and Iraq Conflicts Bond Retirement Fund	$	5,497,700	$	10,112,100	103887
7090	155912	Job Ready Site Development Bond Retirement Fund	$	9,859,200	$	15,680,500	103888
TOTAL DSF Debt Service Fund Group			$	597,823,400	$	1,059,351,800	103889
TOTAL ALL BUDGET FUND GROUPS			$	597,823,400	$	1,059,351,800	103890

ADDITIONAL APPROPRIATIONS

103891

Appropriation items in this section are for the purpose of	103892
paying debt service and financing costs on bonds or notes of the	103893
state issued under the Ohio Constitution and acts of the General	103894
Assembly. If it is determined that additional amounts are	103895
necessary for this purpose, such amounts are hereby appropriated.	103896

Section 397.10. SOA SOUTHERN OHIO AGRICULTURAL AND COMMUNITY	103897
DEVELOPMENT FOUNDATION	103898

Tobacco Master Settlement Agreement Fund Group	103899

5M90	945601	Operating Expenses	$	436,500	$	426,800	103900
TOTAL TMF Tobacco Master Settlement Agreement Fund Group			$	436,500	$	426,800	103901
TOTAL ALL BUDGET FUND GROUPS			$	436,500	$	426,800	103902

Section 399.10. SPE BOARD OF SPEECH-LANGUAGE PATHOLOGY &	103904
AUDIOLOGY	103905

General Services Fund Group	103906

4K90	886609	Operating Expenses	$	477,490	$	472,260	103907
TOTAL GSF General Services							103908
Fund Group			$	477,490	$	472,260	103909
TOTAL ALL BUDGET FUND GROUPS			$	477,490	$	472,260	103910

Section 401.10. BTA BOARD OF TAX APPEALS

103912

General Revenue Fund	103913

GRF	116321	Operating Expenses	$	1,600,000	$	1,700,000	103914
TOTAL GRF General Revenue Fund			$	1,600,000	$	1,700,000	103915
TOTAL ALL BUDGET FUND GROUPS			$	1,600,000	$	1,700,000	103916

Section 403.10. TAX DEPARTMENT OF TAXATION

103918

General Revenue Fund	103919

GRF	110321	Operating Expenses	$	73,500,000	$	73,550,000	103920
GRF	110404	Tobacco Settlement Enforcement	$	200,000	$	200,000	103921
GRF	110412	Child Support Administration	$	15,804	$	15,804	103922
GRF	110901	Property Tax Allocation - Taxation	$	610,900,000	$	616,000,000	103923
TOTAL GRF General Revenue Fund			$	684,615,804	$	689,765,804	103924

General Services Fund Group	103925

2280	110628	Tax Reform System Implementation	$	13,638,008	$	13,642,176	103926
4330	110602	Tape File Account	$	197,802	$	197,878	103927
5AP0	110632	Discovery Project	$	2,445,799	$	2,445,657	103928
5CZ0	110631	Vendor's License Application	$	250,000	$	250,000	103929
5N50	110605	Municipal Income Tax Administration	$	339,798	$	339,975	103930
5N60	110618	Kilowatt Hour Tax Administration	$	150,000	$	150,000	103931
5V80	110623	Property Tax Administration	$	12,195,733	$	12,099,303	103932
5W40	110625	Centralized Tax Filing and Payment	$	200,000	$	200,000	103933
5W70	110627	Exempt Facility Administration	$	50,000	$	50,000	103934
TOTAL GSF General Services							103935
Fund Group			$	29,467,140	$	29,374,989	103936

State Special Revenue Fund Group	103937

4350	110607	Local Tax Administration	$	19,028,339	$	19,225,941	103938
4360	110608	Motor Vehicle Audit	$	1,474,081	$	1,474,353	103939
4370	110606	Litter/Natural Resource Tax Administration	$	20,000	$	20,000	103940
4380	110609	School District Income Tax	$	5,859,041	$	5,860,650	103941
4C60	110616	International Registration Plan	$	689,296	$	689,308	103942
4R60	110610	Tire Tax Administration	$	245,462	$	246,660	103943
5V70	110622	Motor Fuel Tax Administration	$	5,384,254	$	5,086,236	103944
6390	110614	Cigarette Tax Enforcement	$	1,384,217	$	1,384,314	103945
6420	110613	Ohio Political Party Distributions	$	500,000	$	500,000	103946
6880	110615	Local Excise Tax Administration	$	782,630	$	782,843	103947
TOTAL SSR State Special Revenue							103948
Fund Group			$	35,367,320	$	35,270,305	103949

Agency Fund Group	103950

4250	110635	Tax Refunds	$	1,546,800,000	$	1,546,800,000	103951
7095	110995	Municipal Income Tax	$	21,000,000	$	21,000,000	103952
TOTAL AGY Agency Fund Group			$	1,567,800,000	$	1,567,800,000	103953

Holding Account Redistribution Fund Group	103954

R010	110611	Tax Distributions	$	50,000	$	50,000	103955
R011	110612	Miscellaneous Income Tax Receipts	$	50,000	$	50,000	103956
TOTAL 090 Holding Account							103957
Redistribution Fund Group			$	100,000	$	100,000	103958
TOTAL ALL BUDGET FUND GROUPS			$	2,317,350,264	$	2,322,311,098	103959

HOMESTEAD EXEMPTION, PROPERTY TAX ROLLBACK

103960

The foregoing appropriation item 110901, Property Tax	103961
Allocation - Taxation, is hereby appropriated to pay for the	103962
state's costs incurred due to the Homestead Exemption, the	103963
Manufactured Home Property Tax Rollback, and the Property Tax	103964
Rollback. The Tax Commissioner shall distribute these funds	103965
directly to the appropriate local taxing districts, except for	103966
school districts, notwithstanding the provisions in sections	103967
321.24 and 323.156 of the Revised Code, which provide for payment	103968
of the Homestead Exemption, the Manufactured Home Property Tax	103969
Rollback, and Property Tax Rollback by the Tax Commissioner to the	103970
appropriate county treasurer and the subsequent redistribution of	103971
these funds to the appropriate local taxing districts by the	103972
county auditor.	103973

Upon receipt of these amounts, each local taxing district	103974
shall distribute the amount among the proper funds as if it had	103975
been paid as real property taxes. Payments for the costs of	103976
administration shall continue to be paid to the county treasurer	103977
and county auditor as provided for in sections 319.54, 321.26, and	103978
323.156 of the Revised Code.	103979

Any sums, in addition to the amounts specifically	103980
appropriated in appropriation item 110901, Property Tax Allocation	103981
- Taxation, for the Homestead Exemption, the Manufactured Home	103982
Property Tax Rollback, and the Property Tax Rollback payments,	103983
which are determined to be necessary for these purposes, are	103984
hereby appropriated.	103985

MUNICIPAL INCOME TAX

103986

The foregoing appropriation item 110995, Municipal Income	103987
Tax, shall be used to make payments to municipal corporations	103988
under section 5745.05 of the Revised Code. If it is determined	103989
that additional appropriations are necessary to make such	103990
payments, such amounts are hereby appropriated.	103991

TAX REFUNDS

103992

The foregoing appropriation item 110635, Tax Refunds, shall	103993
be used to pay refunds under section 5703.052 of the Revised Code.	103994
If it is determined that additional appropriations are necessary	103995
for this purpose, such amounts are hereby appropriated.	103996

INTERNATIONAL REGISTRATION PLAN AUDIT

103997

The foregoing appropriation item 110616, International	103998
Registration Plan, shall be used under section 5703.12 of the	103999
Revised Code for audits of persons with vehicles registered under	104000
the International Registration Plan.	104001

TRAVEL EXPENSES FOR THE STREAMLINED SALES TAX PROJECT

104002

Of the foregoing appropriation item 110607, Local Tax	104003
Administration, the Tax Commissioner may disburse funds, if	104004
available, for the purposes of paying travel expenses incurred by	104005
members of Ohio's delegation to the Streamlined Sales Tax Project,	104006
as appointed under section 5740.02 of the Revised Code. Any travel	104007
expense reimbursement paid for by the Department of Taxation shall	104008
be done in accordance with applicable state laws and guidelines.	104009

CENTRALIZED TAX FILING AND PAYMENT FUND

104010

The Director of Budget and Management, under a plan submitted	104011
by the Tax Commissioner, or as otherwise determined by the	104012
Director of Budget and Management, shall set a schedule to	104013
transfer cash from the General Revenue Fund to the credit of the	104014
Centralized Tax Filing and Payment Fund (Fund 5W40). The transfers	104015
of cash shall not exceed $400,000 in the biennium.	104016

TOBACCO SETTLEMENT ENFORCEMENT

104017

The foregoing appropriation item 110404, Tobacco Settlement	104018
Enforcement, shall be used by the Tax Commissioner to pay costs	104019
incurred in the enforcement of divisions (F) and (G) of section	104020
5743.03 of the Revised Code.	104021

Section 405.10. DOT DEPARTMENT OF TRANSPORTATION

104022

General Revenue Fund	104023

GRF	775451	Public Transportation - State	$	5,500,000	$	5,500,000	104024
GRF	776465	Ohio Rail Development Commission	$	2,000,000	$	2,000,000	104025
GRF	777471	Airport Improvements - State	$	750,000	$	750,000	104026
TOTAL GRF General Revenue Fund			$	8,250,000	$	8,250,000	104027
TOTAL ALL BUDGET FUND GROUPS			$	8,250,000	$	8,250,000	104028

Section 407.10. TOS TREASURER OF STATE

104030

General Revenue Fund	104031

GRF	090321	Operating Expenses	$	7,743,553	$	7,743,553	104032
GRF	090401	Office of the Sinking Fund	$	502,304	$	502,304	104033
GRF	090402	Continuing Education	$	377,702	$	377,702	104034
GRF	090524	Police and Fire Disability Pension Fund	$	7,900	$	7,900	104035
GRF	090534	Police and Fire Ad Hoc Cost of Living	$	87,000	$	87,000	104036
GRF	090554	Police and Fire Survivor Benefits	$	600,000	$	600,000	104037
GRF	090575	Police and Fire Death Benefits	$	20,000,000	$	20,000,000	104038
TOTAL GRF General Revenue Fund			$	29,318,459	$	29,318,459	104039

General Services Fund Group	104040

4E90	090603	Securities Lending Income	$	4,829,441	$	4,829,441	104041
5770	090605	Investment Pool Reimbursement	$	550,000	$	550,000	104042
5C50	090602	County Treasurer Education	$	170,057	$	170,057	104043
6050	090609	Treasurer of State Administrative Fund	$	135,000	$	135,000	104044
TOTAL GSF General Services							104045
Fund Group			$	5,684,498	$	5,684,498	104046

Agency Fund Group	104047

4250	090635	Tax Refunds	$	6,000,000	$	6,000,000	104048
TOTAL Agency Fund Group			$	6,000,000	$	6,000,000	104049
TOTAL ALL BUDGET FUND GROUPS			$	41,002,957	$	41,002,957	104050

Section 407.20. OFFICE OF THE SINKING FUND

104052

The foregoing appropriation item 090401, Office of the	104053
Sinking Fund, shall be used for costs incurred by or on behalf of	104054
the Commissioners of the Sinking Fund and the Ohio Public	104055
Facilities Commission with respect to State of Ohio general	104056
obligation bonds or notes, and the Treasurer of State with respect	104057
to State of Ohio general obligation and special obligation bonds	104058
or notes, including, but not limited to, printing, advertising,	104059
delivery, rating fees and the procurement of ratings, professional	104060
publications, membership in professional organizations, and other	104061
services referred to in division (D) of section 151.01 of the	104062
Revised Code. The General Revenue Fund shall be reimbursed for	104063
such costs relating to the issuance and administration of Highway	104064
Capital Improvement bonds or notes authorized under Ohio	104065
Constitution, Article VIII, Section 2m and Chapter 151. of the	104066
Revised Code. That reimbursement shall be made from appropriation	104067
item 155902, Highway Capital Improvement Bond Retirement Fund, by	104068
intrastate transfer voucher pursuant to a certification by the	104069
Office of the Sinking Fund of the actual amounts used. The amounts	104070
necessary to make such a reimbursement are hereby appropriated	104071
from the Highway Capital Improvement Bond Retirement Fund created	104072
in section 151.06 of the Revised Code.	104073

POLICE AND FIRE DEATH BENEFIT FUND

104074

The foregoing appropriation item 090575, Police and Fire	104075
Death Benefits, shall be disbursed quarterly by the Treasurer of	104076
State at the beginning of each quarter of each fiscal year to the	104077
Board of Trustees of the Ohio Police and Fire Pension Fund. The	104078
Treasurer of State shall certify such amounts quarterly to the	104079
Director of Budget and Management. By the twentieth day of June of	104080
each fiscal year, the Board of Trustees of the Ohio Police and	104081
Fire Pension Fund shall certify to the Treasurer of State the	104082
amount disbursed in the current fiscal year to make the payments	104083
required by section 742.63 of the Revised Code and shall return to	104084
the Treasurer of State moneys received from this appropriation	104085
item but not disbursed.	104086

TAX REFUNDS

104087

The foregoing appropriation item 090635, Tax Refunds, shall	104088
be used to pay refunds under section 5703.052 of the Revised Code.	104089
If the Director of Budget and Management determines that	104090
additional amounts are necessary for this purpose, such amounts	104091
are hereby appropriated.	104092

Section 409.10. VTO VETERANS' ORGANIZATIONS

104093

General Revenue Fund	104094

VAP AMERICAN EX-PRISONERS OF WAR	104095

GRF

743501

State Support

26,156

104096

VAN ARMY AND NAVY UNION, USA, INC.	104097

GRF

746501

State Support

57,487

104098

VKW KOREAN WAR VETERANS	104099

GRF

747501

State Support

51,678

104100

VJW JEWISH WAR VETERANS	104101

GRF

748501

State Support

31,053

104102

VCW CATHOLIC WAR VETERANS	104103

GRF

749501

State Support

60,600

104104

VPH MILITARY ORDER OF THE PURPLE HEART	104105

GRF

750501

State Support

58,914

104106

VVV VIETNAM VETERANS OF AMERICA	104107

GRF

751501

State Support

194,322

104108

VAL AMERICAN LEGION OF OHIO	104109

GRF

752501

State Support

315,933

104110

VII AMVETS	104111

GRF

753501

State Support

300,875

104112

VAV DISABLED AMERICAN VETERANS	104113

GRF

754501

State Support

226,042

104114

VMC MARINE CORPS LEAGUE	104115

GRF

756501

State Support

121,191

104116

V37 37TH DIVISION VETERANS' ASSOCIATION	104117

GRF

757501

State Support

6,214

104118

VFW VETERANS OF FOREIGN WARS	104119

GRF

758501

State Support

257,713

104120

TOTAL GRF General Revenue Fund					$	1,708,178		$	1,708,178		104121
TOTAL ALL BUDGET FUND GROUPS					$	1,708,178		$	1,708,178		104122

RELEASE OF FUNDS

104123

The Director of Budget and Management may release the	104124
foregoing appropriation items 743501, 746501, 747501, 748501,	104125
749501, 750501, 751501, 752501, 753501, 754501, 756501, 757501,	104126
and 758501, State Support.	104127

Section 411.10. DVS DEPARTMENT OF VETERANS SERVICES

104128

General Revenue Fund	104129

GRF	900321	Veterans' Homes	$	27,369,946	$	27,369,946	104130
GRF	900402	Hall of Fame	$	107,075	$	107,075	104131
GRF	900408	Department of Veterans Services	$	1,901,823	$	1,901,823	104132
GRF	900901	Persian Gulf, Afghanistan, and Iraq Compensation Debt Service	$	5,486,600	$	10,112,100	104133
TOTAL GRF General Revenue Fund			$	34,865,444	$	39,490,944	104134

General Services Fund Group	104135

4840	900603		Veterans' Homes Services		$	305,806		$	312,458		104136
TOTAL GSF General Services Fund Group					$	305,806		$	312,458		104137

Federal Special Revenue Fund Group	104138

3680	900614	Veterans Training	$	769,500	$	754,377	104139
3740	900606	Troops to Teachers	$	136,786	$	133,461	104140
3BX0	900609	Medicare Services	$	2,500,000	$	2,490,169	104141
3L20	900601	Veterans' Homes Operations - Federal	$	23,455,379	$	23,476,269	104142
TOTAL FED Federal Special Revenue							104143
Fund Group			$	26,861,665	$	26,854,276	104144

State Special Revenue Fund Group	104145

4E20	900602	Veterans' Homes Operating	$	10,117,680	$	10,319,078	104146
6040	900604	Veterans' Homes Improvement	$	347,598	$	398,731	104147
TOTAL SSR State Special Revenue							104148
Fund Group			$	10,465,278	$	10,717,809	104149

Persian Gulf, Afghanistan, and Iraq Compensation Fund Group	104150

7041	900615	Veteran Bonus Program - Administration	$	1,605,410	$	1,147,703	104151
7041	900641	Persian Gulf, Afghanistan, and Iraq Compensation	$	25,425,000	$	24,300,000	104152
TOTAL 041 Persian Gulf,							104153
Afghanistan, and Iraq							104154
Compensation Fund Group			$	27,030,410	$	25,447,703	104155
TOTAL ALL BUDGET FUND GROUPS			$	99,528,603	$	102,823,190	104156

PERSIAN GULF, AFGHANISTAN AND IRAQ COMPENSATION GENERAL	104157
OBLIGATION DEBT SERVICE	104158

The foregoing appropriation item 900901, Persian Gulf,	104159
Afghanistan and Iraq Compensation Debt Service, shall be used to	104160
pay all debt service and related financing costs during the period	104161
from July 1, 2011, through June 30, 2013, on obligations issued	104162
for Persian Gulf, Afghanistan and Iraq Conflicts Compensation	104163
purposes under sections 151.01 and 151.12 of the Revised Code.	104164

Section 413.10. DVM STATE VETERINARY MEDICAL BOARD

104165

General Services Fund Group	104166

4K90	888609	Operating Expenses	$	322,375	$	319,857	104167
5BV0	888602	Veterinary Student Loan Program	$	30,000	$	30,000	104168
TOTAL GSF General Services							104169
Fund Group			$	352,375	$	349,857	104170
TOTAL ALL BUDGET FUND GROUPS			$	352,375	$	349,857	104171

Section 415.10. DYS DEPARTMENT OF YOUTH SERVICES

104173

General Revenue Fund	104174

GRF	470401	RECLAIM Ohio	$	168,716,967	$	162,362,228	104175
GRF	470412	Lease Rental Payments	$	10,221,800	$	27,230,100	104176
GRF	470510	Youth Services	$	16,702,728	$	16,702,728	104177
GRF	472321	Parole Operations	$	10,830,019	$	10,583,118	104178
GRF	477321	Administrative Operations	$	12,222,051	$	11,855,389	104179
TOTAL GRF General Revenue Fund			$	218,693,565	$	228,733,563	104180

General Services Fund Group	104181

1750	470613	Education Reimbursement	$	8,160,277	$	8,151,056	104182
4790	470609	Employee Food Service	$	150,000	$	150,000	104183
4A20	470602	Child Support	$	450,000	$	400,000	104184
4G60	470605	General Operational Funds	$	125,000	$	125,000	104185
5BN0	470629	E-Rate Program	$	535,000	$	535,000	104186
TOTAL GSF General Services							104187
Fund Group			$	9,420,277	$	9,361,056	104188

Federal Special Revenue Fund Group	104189

3210	470601	Education	$	1,774,469	$	1,517,840	104190
3210	470603	Juvenile Justice Prevention	$	300,000	$	300,000	104191
3210	470606	Nutrition	$	1,747,432	$	1,704,022	104192
3210	470610	Rehabilitation Programs	$	36,000	$	36,000	104193
3210	470614	Title IV-E Reimbursements	$	6,000,000	$	6,000,000	104194
3BY0	470635	Federal Juvenile Programs FFY 07	$	56,471	$	2,000	104195
3BZ0	470636	Federal Juvenile Programs FFY 08	$	82,000	$	1,618	104196
3CP0	470638	Federal Juvenile Programs FFY 09	$	500,000	$	300,730	104197
3CR0	470639	Federal Juvenile Programs FFY 10	$	800,000	$	479,900	104198
3FB0	470641	Federal Juvenile Programs FFY 11	$	135,000	$	600,000	104199
3FC0	470642	Federal Juvenile Programs FFY 12	$	0	$	135,000	104200
3V50	470604	Juvenile Justice/Delinquency Prevention	$	2,010,000	$	2,000,000	104201
TOTAL FED Federal Special Revenue							104202
Fund Group			$	13,441,372	$	13,077,110	104203

State Special Revenue Fund Group	104204

1470	470612	Vocational Education	$	762,126	$	758,210	104205
TOTAL SSR State Special Revenue							104206
Fund Group			$	762,126	$	758,210	104207
TOTAL ALL BUDGET FUND GROUPS			$	242,317,340	$	251,929,939	104208

OHIO BUILDING AUTHORITY LEASE PAYMENTS

104209

The foregoing appropriation item 470412, Lease Rental	104210
Payments, shall be used to meet all payments at the times they are	104211
required to be made for the period from July 1, 2011, through June	104212
30, 2013, by the Department of Youth Services to the Ohio Building	104213
Authority under the leases and agreements for facilities made	104214
under Chapter 152. of the Revised Code. This appropriation is the	104215
source of funds pledged for bond service charges on related	104216
obligations issued pursuant to Chapter 152. of the Revised Code.	104217

EDUCATION REIMBURSEMENT

104218

The foregoing appropriation item 470613, Education	104219
Reimbursement, shall be used to fund the operating expenses of	104220
providing educational services to youth supervised by the	104221
Department of Youth Services. Operating expenses include, but are	104222
not limited to, teachers' salaries, maintenance costs, and	104223
educational equipment. This appropriation item may be used for	104224
capital expenses related to the education program.	104225

EMPLOYEE FOOD SERVICE AND EQUIPMENT

104226

Notwithstanding section 125.14 of the Revised Code, the	104227
foregoing appropriation item 470609, Employee Food Service, may be	104228
used to purchase any food operational items with funds received	104229
into the fund from reimbursements for state surplus property.	104230

FLEXIBLE FUNDING FOR CHILDREN AND FAMILIES

104231

In collaboration with the county family and children first	104232
council, the juvenile court of that county that receives	104233
allocations from one or both of the foregoing appropriation items	104234
470401, RECLAIM Ohio, and 470510, Youth Services, may transfer	104235
portions of those allocations to a flexible funding pool as	104236
authorized by the section titled FAMILY AND CHILDREN FIRST	104237
FLEXIBLE FUNDING POOL, of this act.	104238

Section 501.10. All items set forth in this section are	104239
hereby appropriated for fiscal year 2012 out of any moneys in the	104240
state treasury to the credit of the Administrative Building Fund	104241
(Fund 7026) that are not otherwise appropriated.	104242

CSR CAPITOL SQUARE REVIEW AND ADVISORY BOARD	104243

C87416	Statehouse Boiler Replacement	$	900,000	104244
Total Capitol Square Review and Advisory Board		$	900,000	104245
TOTAL Administrative Building Fund		$	900,000	104246

Section 503.10. PERSONAL SERVICE EXPENSES

104248

Unless otherwise prohibited by law, any appropriation from	104249
which personal service expenses are paid shall bear the employer's	104250
share of public employees' retirement, workers' compensation,	104251
disabled workers' relief, and insurance programs; and the costs of	104252
centralized financial services, centralized payroll processing,	104253
and related reports and services; centralized human resources	104254
services, including affirmative action and equal employment	104255
opportunity programs; the Office of Collective Bargaining; the	104256
Employee Assistance Program; centralized information technology	104257
management services; administering the enterprise resource	104258
planning system; and administering the state employee merit system	104259
as required by section 124.07 of the Revised Code. These costs	104260
shall be determined in conformity with the appropriate sections of	104261
law and paid in accordance with procedures specified by the Office	104262
of Budget and Management. Expenditures from appropriation item	104263
070601, Public Audit Expense - Intra-State, may be exempted from	104264
the requirements of this section.	104265

Section 503.20. SATISFACTION OF JUDGMENTS AND SETTLEMENTS	104266
AGAINST THE STATE	104267

Except as otherwise provided in this section, an	104268
appropriation in this act or any other act may be used for the	104269
purpose of satisfying judgments, settlements, or administrative	104270
awards ordered or approved by the Court of Claims or by any other	104271
court of competent jurisdiction in connection with civil actions	104272
against the state. This authorization does not apply to	104273
appropriations to be applied to or used for payment of guarantees	104274
by or on behalf of the state, or for payments under lease	104275
agreements relating to, or debt service on, bonds, notes, or other	104276
obligations of the state. Notwithstanding any other statute to the	104277
contrary, this authorization includes appropriations from funds	104278
into which proceeds of direct obligations of the state are	104279
deposited only to the extent that the judgment, settlement, or	104280
administrative award is for, or represents, capital costs for	104281
which the appropriation may otherwise be used and is consistent	104282
with the purpose for which any related obligations were issued or	104283
entered into. Nothing contained in this section is intended to	104284
subject the state to suit in any forum in which it is not	104285
otherwise subject to suit, and is not intended to waive or	104286
compromise any defense or right available to the state in any suit	104287
against it.	104288

Section 503.30. CAPITAL PROJECT SETTLEMENTS

104289

This section specifies an additional and supplemental	104290
procedure to provide for payments of judgments and settlements if	104291
the Director of Budget and Management determines, pursuant to	104292
division (C)(4) of section 2743.19 of the Revised Code, that	104293
sufficient unencumbered moneys do not exist in the fund to support	104294
a particular appropriation to pay the amount of a final judgment	104295
rendered against the state or a state agency, including the	104296
settlement of a claim approved by a court, in an action upon and	104297
arising out of a contractual obligation for the construction or	104298
improvement of a capital facility if the costs under the contract	104299
were payable in whole or in part from a state capital projects	104300
appropriation. In such a case, the Director may either proceed	104301
pursuant to division (C)(4) of section 2743.19 of the Revised Code	104302
or apply to the Controlling Board to increase an appropriation or	104303
create an appropriation out of any unencumbered moneys in the	104304
state treasury to the credit of the capital projects fund from	104305
which the initial state appropriation was made. The amount of an	104306
increase in appropriation or new appropriation approved by the	104307
Controlling Board is hereby appropriated from the applicable	104308
capital projects fund and made available for the payment of the	104309
judgment or settlement.	104310

If the Director does not make the application authorized by	104311
this section or the Controlling Board disapproves the application,	104312
and the Director does not make application under division (C)(4)	104313
of section 2743.19 of the Revised Code, the Director shall for the	104314
purpose of making that payment make a request to the General	104315
Assembly as provided for in division (C)(5) of that section.	104316

Section 503.40. RE-ISSUANCE OF VOIDED WARRANTS

104317

In order to provide funds for the reissuance of voided	104318
warrants under section 126.37 of the Revised Code, there is hereby	104319
appropriated, out of moneys in the state treasury from the fund	104320
credited as provided in section 126.37 of the Revised Code, that	104321
amount sufficient to pay such warrants when approved by the Office	104322
of Budget and Management.	104323

Section 503.50. REAPPROPRIATION OF UNEXPENDED ENCUMBERED	104324
BALANCES OF OPERATING APPROPRIATIONS	104325

(A) An unexpended balance of an operating appropriation or	104326
reappropriation that a state agency lawfully encumbered prior to	104327
the close of a fiscal year is hereby reappropriated on the first	104328
day of July of the following fiscal year from the fund from which	104329
it was originally appropriated or reappropriated for the following	104330
period and shall remain available only for the purpose of	104331
discharging the encumbrance:	104332

(1) For an encumbrance for personal services, maintenance,	104333
equipment, or items for resale, other than an encumbrance for an	104334
item of special order manufacture not available on term contract	104335
or in the open market or for reclamation of land or oil and gas	104336
wells, for a period of not more than five months from the end of	104337
the fiscal year;	104338

(2) For an encumbrance for an item of special order	104339
manufacture not available on term contract or in the open market,	104340
for a period of not more than five months from the end of the	104341
fiscal year or, with the written approval of the Director of	104342
Budget and Management, for a period of not more than twelve months	104343
from the end of the fiscal year;	104344

(3) For an encumbrance for reclamation of land or oil and gas	104345
wells, for a period ending when the encumbered appropriation is	104346
expended or for a period of two years, whichever is less;	104347

(4) For an encumbrance for any other expense, for such period	104348
as the Director approves, provided such period does not exceed two	104349
years.	104350

(B) Any operating appropriations for which unexpended	104351
balances are reappropriated beyond a five-month period from the	104352
end of the fiscal year by division (A)(2) of this section shall be	104353
reported to the Controlling Board by the Director of Budget and	104354
Management by the thirty-first day of December of each year. The	104355
report on each such item shall include the item, the cost of the	104356
item, and the name of the vendor. The report shall be updated on a	104357
quarterly basis for encumbrances remaining open.	104358

(C) Upon the expiration of the reappropriation period set out	104359
in division (A) of this section, a reappropriation made by this	104360
section lapses, and the Director of Budget and Management shall	104361
cancel the encumbrance of the unexpended reappropriation not later	104362
than the end of the weekend following the expiration of the	104363
reappropriation period.	104364

(D) Notwithstanding division (C) of this section, with the	104365
approval of the Director of Budget and Management, an unexpended	104366
balance of an encumbrance that was reappropriated on the first day	104367
of July by this section for a period specified in division (A)(3)	104368
or (4) of this section and that remains encumbered at the close of	104369
the fiscal biennium is hereby reappropriated on the first day of	104370
July of the following fiscal biennium from the fund from which it	104371
was originally appropriated or reappropriated for the applicable	104372
period specified in division (A)(3) or (4) of this section and	104373
shall remain available only for the purpose of discharging the	104374
encumbrance.	104375

(E) The Director of Budget and Management may correct	104376
accounting errors committed by the staff of the Office of Budget	104377
and Management, such as re-establishing encumbrances or	104378
appropriations cancelled in error, during the cancellation of	104379
operating encumbrances in November and of nonoperating	104380
encumbrances in December.	104381

(F) If the Controlling Board approved a purchase, that	104382
approval remains in effect so long as the appropriation used to	104383
make that purchase remains encumbered.	104384

Section 503.60. APPROPRIATIONS RELATED TO CASH TRANSFERS AND	104385
RE-ESTABLISHMENT OF ENCUMBRANCES	104386

Any cash transferred by the Director of Budget and Management	104387
under section 126.15 of the Revised Code is hereby appropriated.	104388
Any amounts necessary to re-establish appropriations or	104389
encumbrances under section 126.15 of the Revised Code are hereby	104390
appropriated.	104391

Section 503.70. INCOME TAX DISTRIBUTION TO COUNTIES

104392

There are hereby appropriated out of any moneys in the state	104393
treasury to the credit of the General Revenue Fund, which are not	104394
otherwise appropriated, funds sufficient to make any payment	104395
required by division (B)(2) of section 5747.03 of the Revised	104396
Code.	104397

Section 503.80. EXPENDITURES AND APPROPRIATION INCREASES	104398
APPROVED BY THE CONTROLLING BOARD	104399

Any money that the Controlling Board approves for expenditure	104400
or any increase in appropriation that the Controlling Board	104401
approves under sections 127.14, 131.35, and 131.39 of the Revised	104402
Code or any other provision of law is hereby appropriated for the	104403
period ending June 30, 2013.	104404

Section 503.90. FUNDS RECEIVED FOR USE OF GOVERNOR'S	104405
RESIDENCE	104406

If the Governor's Residence Fund (Fund 4H20) receives payment	104407
for use of the residence pursuant to section 107.40 of the Revised	104408
Code, the amounts so received are hereby appropriated to	104409
appropriation item 100604, Governor's Residence Gift.	104410

Section 506.10. UTILITY RADIOLOGICAL SAFETY BOARD ASSESSMENTS

104411

Unless the agency and nuclear electric utility mutually agree	104412
to a higher amount by contract, the maximum amounts that may be	104413
assessed against nuclear electric utilities under division (B)(2)	104414
of section 4937.05 of the Revised Code and deposited into the	104415
specified funds are as follows:	104416

Fund	User		FY 2012		FY 2013	104417
Utility Radiological Safety Fund (Fund 4E40)	Department of Agriculture	$	131,785	$	131,785	104418
Radiation Emergency Response Fund (Fund 6100)	Department of Health	$	930,525	$	930,576	104419
ER Radiological Safety Fund (Fund 6440)	Environmental Protection Agency	$	279,838	$	279,966	104420
Emergency Response Plan Fund (Fund 6570)	Department of Public Safety	$	1,415,945	$	1,415,945	104421

Section 512.10. TRANSFERS TO THE GENERAL REVENUE FUND OF	104422
INTEREST EARNED	104423

Notwithstanding any provision of law to the contrary, the	104424
Director of Budget and Management, through June 30, 2013, may	104425
transfer interest earned by any state fund to the General Revenue	104426
Fund. This section does not apply to funds whose source of revenue	104427
is restricted or protected by the Ohio Constitution, federal tax	104428
law, or the "Cash Management Improvement Act of 1990," 104 Stat.	104429
1058 (1990), 31 U.S.C. 6501 et seq., as amended.	104430

Section 512.30. CASH TRANSFERS TO THE GENERAL REVENUE FUND	104431
FROM NON-GRF FUNDS	104432

Notwithstanding any provision of law to the contrary, during	104433
fiscal years 2012 and 2013, the Director of Budget and Management	104434
may transfer up to $60,000,000 in cash from non-General Revenue	104435
Funds that are not constitutionally restricted to the General	104436
Revenue Fund in order to ensure that available General Revenue	104437
Fund receipts and balances are sufficient to support General	104438
Revenue Fund appropriations in each fiscal year.	104439

Section 512.40. FISCAL YEAR 2011 GENERAL REVENUE FUND ENDING	104440
BALANCE	104441

Notwithstanding divisions (B) and (C) of section 131.44 of	104442
the Revised Code, the Director of Budget and Management shall	104443
determine the surplus General Revenue Fund revenue that existed on	104444
June 30, 2011, in excess of the amount required under division	104445
(A)(3) of section 131.44 of the Revised Code, and transfer from	104446
the General Revenue Fund, to the extent of the amount so	104447
determined, the following:	104448

(A) First, to the Disaster Services Fund (Fund 5E20), a cash	104449
amount equal to half the surplus General Revenue Fund revenue, up	104450
to $25,000,000;	104451

(B) Then, to the Teacher Incentive Program Fund (Fund 5KG0),	104452
a cash amount equal to half the surplus General Revenue Fund	104453
revenue, up to $25,000,000.	104454

Section 512.60. NATURAL RESOURCES PUBLICATIONS

104455

On July 1, 2011, or as soon as possible thereafter, the	104456
Director of Budget and Management, at the request of the Director	104457
of Natural Resources, shall transfer the remaining cash balance in	104458
the Natural Resources Publications and Promotional Materials Fund	104459
(Fund 5080) to the Departmental Projects Fund (Fund 1550) and the	104460
Geological Mapping Fund (Fund 5110) in such amounts as determined	104461
by the Director of Budget and Management after consultation with	104462
the Director of Natural Resources. The Director of Budget and	104463
Management shall cancel all existing encumbrances against	104464
appropriation item 725684, Natural Resources Publications, and	104465
reestablish them against appropriation item 725601, Departmental	104466
Projects, and appropriation item 725646, Ohio Geological Mapping.	104467
Upon completion of the transfer, the Natural Resources	104468
Publications and Promotional Materials Fund is hereby abolished.	104469
Beginning July 1, 2011, all moneys from the sale of books,	104470
bulletins, maps, or other publications and promotional materials	104471
shall be credited to the Departmental Projects Fund (Fund 1550) or	104472
the Geological Mapping Fund (Fund 5110) as determined by the	104473
Director of Natural Resources.	104474

Section 512.70. On July 1, 2011, or as soon as possible	104475
thereafter, the Director of Budget and Management shall transfer	104476
the cash balance in the Penalty Enforcement Fund (Fund 5K70) to	104477
the Labor Operating Fund (Fund 5560). The Director shall cancel	104478
any existing encumbrances against appropriation item 800621,	104479
Penalty Enforcement, and re-establish them against appropriation	104480
item 800615, Industrial Compliance. The re-established encumbrance	104481
amounts are hereby appropriated. Upon completion of the transfer,	104482
Fund 5K70 is abolished.	104483

Section 512.80. ABOLISHMENT OF PASSPORT FUND

104484

On July 1, 2011, or as soon as possible thereafter, the	104485
Director of Budget and Management shall transfer the cash balance	104486
in the PASSPORT Fund (Fund 4U90) to the Nursing Home Franchise	104487
Permit Fee Fund (Fund 5R20). Upon completion of the transfer, Fund	104488
4U90 is abolished. The Director shall cancel any existing	104489
encumbrances against appropriation item 490602, PASSPORT Fund, and	104490
reestablish them against appropriation item 600613, Nursing	104491
Facility Bed Assessments. The reestablished encumbrance amounts	104492
are hereby appropriated.	104493

Section 512.90. DIESEL EMISSIONS REDUCTION GRANT PROGRAM

104494

There is established in the Highway Operating Fund (Fund	104495
7002) in the Department of Transportation a Diesel Emissions	104496
Reduction Grant Program. The Director of Development shall	104497
administer the program and shall solicit, evaluate, score, and	104498
select projects submitted by public and private entities that are	104499
eligible for the federal Congestion Mitigation and Air Quality	104500
(CMAQ) Program. The Director of Transportation shall process	104501
Federal Highway Administration-approved projects as recommended by	104502
the Director of Development.	104503

In addition to the allowable expenditures set forth in	104504
section 122.861 of the Revised Code, Diesel Emissions Reduction	104505
Grant Program funds also may be used to fund projects involving	104506
the purchase or use of hybrid and alternative fuel vehicles that	104507
are allowed under guidance developed by the Federal Highway	104508
Administration for the CMAQ Program.	104509

Public entities eligible to receive funds under section	104510
122.861 of the Revised Code and CMAQ shall be reimbursed from the	104511
Department of Transportation's Diesel Emissions Reduction Grant	104512
Program.	104513

Private entities eligible to receive funds under section	104514
122.861 of the Revised Code and CMAQ shall be reimbursed through	104515
transfers of cash from the Department of Transportation's Diesel	104516
Emissions Reduction Grant Program to the Diesel Emissions	104517
Reduction Grant Fund (Fund 3BD0) used by the Department of	104518
Development.	104519

Appropriation item 195697, Diesel Emissions Reduction Grants,	104520
is established with an appropriation of $10,000,000 in FY 2012 and	104521
$10,000,000 in FY 2013. Total expenditures between both the	104522
Departments of Development and Transportation shall not exceed the	104523
amounts appropriated in this section.	104524

On or before June 30, 2012, any unencumbered balance of the	104525
foregoing appropriation item 195697, Diesel Emissions Reduction	104526
Grants, for fiscal year 2012 is appropriated for the same purposes	104527
in fiscal year 2013.	104528

Any cash transfers or allocations under this section	104529
represent CMAQ program moneys within the Department of	104530
Transportation for use by the Diesel Emissions Reduction Grant	104531
Program by the Department of Development. These allocations shall	104532
not reduce the amount of such moneys designated for metropolitan	104533
planning organizations.	104534

The Director of Development, in consultation with the	104535
Directors of Environmental Protection and Transportation, shall	104536
develop guidance for the distribution of funds and for the	104537
administration of the Diesel Emissions Reduction Grant Program.	104538
The guidance shall include a method of prioritization for	104539
projects, acceptable technologies, and procedures for awarding	104540
grants.	104541

Section 515.20. (A) On the effective date of the amendment of	104542
the statutes creating the Division of Oil and Gas Resources	104543
Management in the Department of Natural Resources by this act, the	104544
functions, assets, and liabilities of the Division of Mineral	104545
Resources Management in the Department of Natural Resources with	104546
respect to oil and gas are transferred to the Division of Oil and	104547
Gas Resources Management. The Division of Oil and Gas Resources	104548
Management is successor to, assumes the obligations and authority	104549
of, and otherwise continues the Division of Mineral Resources	104550
Management with respect to oil and gas. No right, privilege, or	104551
remedy, and no duty, liability, or obligation, accrued under the	104552
Division of Mineral Resources Management with respect to oil and	104553
gas is impaired or lost by reason of the transfer and shall be	104554
recognized, administered, performed, or enforced by the Division	104555
of Oil and Gas Resources Management.	104556

(B) Business commenced but not completed by the Division of	104557
Mineral Resources Management or by the Chief of the Division of	104558
Mineral Resources Management with respect to oil and gas shall be	104559
completed by the Division of Oil and Gas Resources Management or	104560
the Chief of the Division of Oil and Gas Resources Management in	104561
the same manner, and with the same effect, as if completed by the	104562
Division of Mineral Resources Management or by the Chief of the	104563
Division of Mineral Resources Management.	104564

(C) All of the Division of Mineral Resources Management's	104565
rules, orders, and determinations with respect to oil and gas	104566
continue in effect as rules, orders, and determinations of the	104567
Division of Oil and Gas Resources Management until modified or	104568
rescinded by the Division of Oil and Gas Resources Management. If	104569
necessary to ensure the integrity of the numbering of the	104570
Administrative Code, the Director of the Legislative Service	104571
Commission shall renumber the Division of Mineral Resources	104572
Management's rules with respect to oil and gas to reflect their	104573
transfer to the Division of Oil and Gas Resources Management.	104574

(D) The Director of Budget and Management shall determine the	104575
amount of unexpended balances in the appropriation accounts that	104576
pertain to the Division of Mineral Resources Management with	104577
respect to oil and gas and shall recommend to the Controlling	104578
Board their transfer to the appropriation accounts that pertain to	104579
the Division of Oil and Gas Resources Management. The Chief of the	104580
Division of Mineral Resources Management shall provide full and	104581
timely information to the Controlling Board to facilitate the	104582
transfer.	104583

(E) Whenever the Division of Mineral Resources Management or	104584
the Chief of the Division of Mineral Resources Management is	104585
referred to in a statute, contract, or other instrument with	104586
respect to oil and gas, the reference is deemed to refer to the	104587
Division of Oil and Gas Resources Management or to the Chief of	104588
the Division of Oil and Gas Resources Management, whichever is	104589
appropriate in context.	104590

(F) No pending action or proceeding being prosecuted or	104591
defended in court or before an agency with respect to oil and gas	104592
by the Division of Mineral Resources Management or the Chief of	104593
the Division of Mineral Resources Management is affected by the	104594
transfer and shall be prosecuted or defended in the name of the	104595
Division of Oil and Gas Resources Management or the Chief of the	104596
Division of Oil and Gas Resources Management, whichever is	104597
appropriate. Upon application to the court or agency, the Division	104598
of Oil and Gas Resources Management or the Chief of the Division	104599
of Oil and Gas Resources Management shall be substituted as a	104600
party.	104601

Section 515.30. (A) On the effective date of the amendment of	104602
the statutes governing the Ohio Coal Development Office by this	104603
act, the Ohio Coal Development Office and all of its functions,	104604
together with its assets and liabilities, are transferred from	104605
within the Ohio Air Quality Development Authority to within the	104606
Department of Development. The Ohio Coal Development Office in the	104607
Department of Development assumes the obligations of and otherwise	104608
constitutes the continuation of the Ohio Coal Development Office	104609
in the Ohio Air Quality Development Authority.	104610

(B) Any business commenced but not completed by the Ohio Coal	104611
Development Office in the Ohio Air Quality Development Authority	104612
or the Director of that office on the effective date of the	104613
amendment of the statutes governing that Office by this act shall	104614
be completed by the Ohio Coal Development Office in the Department	104615
of Development or the Director of that Office in the same manner,	104616
and with the same effect, as if completed by the Ohio Coal	104617
Development Office in the Ohio Air Quality Development Authority	104618
or the Director of that Office. Any validation, cure, right,	104619
privilege, remedy, obligation, or liability is not lost or	104620
impaired by reason of the transfer required by this section and	104621
shall be administered by the Ohio Coal Development Office in the	104622
Department of Development.	104623

(C) All of the rules, orders, and determinations of the Ohio	104624
Coal Development Office in the Ohio Air Quality Development	104625
Authority or of the Ohio Air Quality Development Authority in	104626
relation to that Office continue in effect as rules, orders, and	104627
determinations of the Ohio Coal Development Office in the	104628
Department of Development until modified or rescinded by that	104629
Office or by the Department of Development in relation to that	104630
Office. If necessary to ensure the integrity of the numbering of	104631
the Administrative Code, the Director of the Legislative Service	104632
Commission shall renumber rules of the Ohio Air Quality	104633
Development Authority in relation to the Ohio Coal Development	104634
Office in the Ohio Air Quality Development Authority to reflect	104635
the transfer to the Department of Development.	104636

(D) Subject to the lay-off provisions of sections 124.321 to	104637
124.328 of the Revised Code, all of the employees of the Ohio Coal	104638
Development Office in the Ohio Air Quality Development Authority	104639
are transferred to the Ohio Coal Development Office in the	104640
Department of Development and retain their positions and all the	104641
benefits accruing thereto.	104642

(E) Whenever the Ohio Coal Development Office in the Ohio Air	104643
Quality Development Office or the Authority in relation to that	104644
Office is referred to in any law, contract, or other document, the	104645
reference shall be deemed to refer to the Ohio Coal Development	104646
Office in the Department of Development or the Director of	104647
Development in relation to that Office, whichever is appropriate	104648
in context.	104649

(F) Any action or proceeding pending on the effective date of	104650
the amendment of the statutes governing the Ohio Coal Development	104651
Office by this act is not affected by the transfer of that Office	104652
and shall be prosecuted or defended in the name of the Department	104653
of Development or the Ohio Coal Development Office in that	104654
Department. In all such actions and proceedings, the Department of	104655
Development or the Ohio Coal Development Office in that	104656
Department, upon application to the court, shall be substituted as	104657
a party.	104658

Section 518.10. GENERAL OBLIGATION DEBT SERVICE PAYMENTS

104659

Certain appropriations are in this act for the purpose of	104660
paying debt service and financing costs on general obligation	104661
bonds or notes of the state issued pursuant to the Ohio	104662
Constitution and acts of the General Assembly. If it is determined	104663
that additional appropriations are necessary for this purpose,	104664
such amounts are hereby appropriated.	104665

Section 518.20. LEASE PAYMENTS TO OPFC, OBA, AND TREASURER OF	104666
STATE	104667

Certain appropriations are in this act for the purpose of	104668
making lease rental payments pursuant to leases and agreements	104669
relating to bonds or notes issued by the Ohio Building Authority	104670
or the Treasurer of State, or previously by the Ohio Public	104671
Facilities Commission, pursuant to the Ohio Constitution and acts	104672
of the General Assembly. If it is determined that additional	104673
appropriations are necessary for this purpose, such amounts are	104674
hereby appropriated.	104675

Section 518.30. AUTHORIZATION FOR TREASURER OF STATE AND OBM	104676
TO EFFECTUATE CERTAIN DEBT SERVICE PAYMENTS	104677

The Office of Budget and Management shall process payments	104678
from general obligation and lease rental payment appropriation	104679
items during the period from July 1, 2011, through June 30, 2013,	104680
relating to bonds or notes issued under Sections 2i, 2k, 2l, 2m,	104681
2n, 2o, 2p, 2q, 2r, and 15 of Article VIII, Ohio Constitution, and	104682
Chapters 151. and 154. of the Revised Code. Payments shall be made	104683
upon certification by the Treasurer of State of the dates and the	104684
amounts due on those dates.	104685

Section 518.40. AUTHORIZATION FOR OHIO BUILDING AUTHORITY	104686
AND OBM TO EFFECTUATE CERTAIN LEASE RENTAL PAYMENTS	104687

The Office of Budget and Management shall process payments	104688
from lease rental payment appropriation items during the period	104689
from July 1, 2011, through June 30, 2013, pursuant to the lease	104690
agreements entered into relating to bonds or notes issued under	104691
Section 2i of Article VIII, Ohio Constitution, and Chapter 152. of	104692
the Revised Code. Payments shall be made upon certification by the	104693
Ohio Building Authority of the dates and the amounts due on those	104694
dates.	104695

Section 521.10. STATE AND LOCAL REBATE AUTHORIZATION

104696

There is hereby appropriated, from those funds designated by	104697
or pursuant to the applicable proceedings authorizing the issuance	104698
of state obligations, amounts computed at the time to represent	104699
the portion of investment income to be rebated or amounts in lieu	104700
of or in addition to any rebate amount to be paid to the federal	104701
government in order to maintain the exclusion from gross income	104702
for federal income tax purposes of interest on those state	104703
obligations under section 148(f) of the Internal Revenue Code.	104704

Rebate payments shall be approved and vouchered by the Office	104705
of Budget and Management.	104706

Section 521.20. STATEWIDE INDIRECT COST RECOVERY

104707

Whenever the Director of Budget and Management determines	104708
that an appropriation made to a state agency from a fund of the	104709
state is insufficient to provide for the recovery of statewide	104710
indirect costs under section 126.12 of the Revised Code, the	104711
amount required for such purpose is hereby appropriated from the	104712
available receipts of such fund.	104713

Section 521.30. TRANSFERS ON BEHALF OF THE STATEWIDE	104714
INDIRECT COST ALLOCATION PLAN	104715

The total transfers made from the General Revenue Fund by the	104716
Director of Budget and Management under this section shall not	104717
exceed the amounts transferred into the General Revenue Fund under	104718
section 126.12 of the Revised Code.	104719

The director of an agency may certify to the Director of	104720
Budget and Management the amount of expenses not allowed to be	104721
included in the Statewide Indirect Cost Allocation Plan under	104722
federal regulations, from any fund included in the Statewide	104723
Indirect Cost Allocation Plan, prepared as required by section	104724
126.12 of the Revised Code.	104725

Upon determining that no alternative source of funding is	104726
available to pay for such expenses, the Director of Budget and	104727
Management may transfer from the General Revenue Fund into the	104728
fund for which the certification is made, up to the amount of the	104729
certification. The director of the agency receiving such funds	104730
shall include, as part of the next budget submission prepared	104731
under section 126.02 of the Revised Code, a request for funding	104732
for such activities from an alternative source such that further	104733
federal disallowances would not be required.	104734

The director of an agency may certify to the Director of	104735
Budget and Management the amount of expenses paid in error from a	104736
fund included in the Statewide Indirect Cost Allocation Plan. The	104737
Director of Budget and Management may transfer cash from the fund	104738
from which the expenditure should have been made into the fund	104739
from which the expenses were erroneously paid, up to the amount of	104740
the certification.	104741

Section 521.30.10. OGRIP FUNDS TRANSFER TO THE GENERAL	104742
REVENUE FUND	104743

On July 1, 2011, or as soon as possible thereafter, the	104744
Director of Budget and Management may transfer cash in the amount	104745
of $15,072.03 from the Federal Grants OGRIP Fund (Fund 3H60) to	104746
the General Revenue Fund. This amount represents residual funds	104747
from old federal grants for the state's OGRIP program that have	104748
been closed by the federal awarding agency.	104749

Section 521.30.20. TRANSFER OF FEDERAL FUNDS

104750

On July 1, 2011, or as soon as possible thereafter, the	104751
Director of Environmental Protection shall certify to the Director	104752
of Budget and Management the cash balance in the DOE Monitoring	104753
and Oversight Fund (Fund 3N40). The Director of Budget and	104754
Management shall transfer the certified amount from Fund 3N40 to	104755
the Federally Supported Response Fund (Fund 3F30). Upon completion	104756
of the transfer, Fund 3N40 is abolished. The Director shall cancel	104757
any existing encumbrances against appropriation item 715657, DOE	104758
Monitoring and Oversight, and re-establish them against	104759
appropriation item 715632, Federally Supported Response. The	104760
re-established encumbrance amounts are hereby appropriated.	104761

On July 1, 2011, or as soon as possible thereafter, the	104762
Director of Environmental Protection shall certify to the Director	104763
of Budget and Management the cash balance in the DOD Monitoring	104764
and Oversight Fund (Fund 3K40). The Director of Budget and	104765
Management shall transfer the certified amount from Fund 3K40 to	104766
the Federally Supported Response Fund (Fund 3F30). Upon completion	104767
of the transfer, Fund 3K40 is abolished. The Director shall cancel	104768
any existing encumbrances against appropriation item 715634, DOD	104769
Monitoring and Oversight, and re-establish them against	104770
appropriation item 715632, Federally Supported Response. The	104771
re-established encumbrance amounts are hereby appropriated.	104772

Section 521.40. FEDERAL GOVERNMENT INTEREST REQUIREMENTS

104773

Notwithstanding any provision of law to the contrary, on or	104774
before the first day of September of each fiscal year, the	104775
Director of Budget and Management, in order to reduce the payment	104776
of adjustments to the federal government, as determined by the	104777
plan prepared under division (A) of section 126.12 of the Revised	104778
Code, may designate such funds as the Director considers necessary	104779
to retain their own interest earnings.	104780

Section 521.50. FEDERAL CASH MANAGEMENT IMPROVEMENT ACT

104781

Pursuant to the plan for compliance with the Federal Cash	104782
Management Improvement Act required by section 131.36 of the	104783
Revised Code, the Director of Budget and Management may cancel and	104784
re-establish all or part of encumbrances in like amounts within	104785
the funds identified by the plan. The amounts necessary to	104786
re-establish all or part of encumbrances are hereby appropriated.	104787

Section 521.60. FISCAL STABILIZATION AND RECOVERY

104788

To ensure the level of accountability and transparency	104789
required by federal law, the Director of Budget and Management may	104790
issue guidelines to any agency applying for federal money made	104791
available to this state for fiscal stabilization and recovery	104792
purposes, and may prescribe the process by which agencies are to	104793
comply with any reporting requirements established by the federal	104794
government.	104795

Section 521.70. OVERSIGHT OF FEDERAL STIMULUS FUNDS

104796

(A) The Office of Internal Auditing within the Office of	104797
Budget and Management shall, in connection with its duties under	104798
sections 126.45 to 126.48 of the Revised Code, monitor and measure	104799
the effectiveness of funds allocated to the state as part of the	104800
federal American Recovery and Reinvestment Act of 2009. As such,	104801
the Office of Internal Auditing shall review how funds allocated	104802
to each state agency are spent. For purposes of this section,	104803
"state agency" has the same meaning as in division (A) of section	104804
126.45 of the Revised Code.	104805

In addition to the reports required under section 126.47 of	104806
the Revised Code, the Office of Internal Auditing shall submit a	104807
report of its findings to the President of the Senate, Minority	104808
Leader of the Senate, Speaker of the House of Representatives,	104809
Minority Leader of the House of Representatives, and the Chairs of	104810
the committees in the Senate and House of Representatives handling	104811
finance and appropriations. The report shall be submitted every	104812
six months at the following intervals:	104813

(1) For the six-month period ending December 31, 2011, not	104814
later than February 1, 2012;	104815

(2) For the six-month period ending June 30, 2012, not later	104816
than August 1, 2012;	104817

(3) For the six-month period ending December 31, 2012, not	104818
later than February 1, 2013;	104819

(4) For the six-month period ending June 30, 2013, not later	104820
than August 1, 2013.	104821

(B) When, as part of its compliance with the federal American	104822
Recovery and Reinvestment Act of 2009 requirements to monitor and	104823
measure the effectiveness of funds for which the state of Ohio is	104824
the prime recipient, and for which reporting authority has not	104825
been delegated to a sub-recipient, the Office of Budget and	104826
Management submits quarterly reports to the federal government,	104827
the Office of Budget and Management shall also submit those	104828
reports to the President of the Senate, Minority Leader of the	104829
Senate, Speaker of the House of Representatives, Minority Leader	104830
of the House of Representatives, and Chairs and ranking members of	104831
the committees in the Senate and House of Representatives handling	104832
finance and appropriations. The Office of Budget and Management	104833
shall continue to submit quarterly reports to the legislature for	104834
the duration of the period in which the state of Ohio is required	104835
to make reports to the federal government concerning Ohio's use of	104836
the federal American Recovery and Reinvestment Act of 2009 funds.	104837

Section 521.80. FEDERAL FUNDS FOR HISTORIC PRESERVATION LOAN	104838
GUARANTEE	104839

(A) As used in this section:

104840

(1) "Approved historic rehabilitation project" means a	104841
rehabilitation of a historic building that the Director of	104842
Development has approved for a rehabilitation tax credit under	104843
section 149.311 of the Revised Code.	104844

(2) "Federal funds" means federal money available to states	104845
under the American Recovery and Reinvestment Act of 2009 or any	104846
other source of federal money available to the states, that may	104847
lawfully be used for the purposes of this section.	104848

(3) "Owner" and "qualified rehabilitation expenditures" have	104849
the same meanings as in section 149.311 of the Revised Code.	104850

(B) There is hereby created in the state treasury the Ohio	104851
Historic Preservation Tax Credit Fund. The fund shall consist of	104852
money obtained by the Director of Development under division (C)	104853
of this section. Money in the fund shall be used to secure and pay	104854
guarantees of loans for approved historic rehabilitation projects	104855
as provided in this section.	104856

(C) The Director of Development may undertake to secure	104857
$75,000,000 of federal funds for crediting to the Ohio Historic	104858
Preservation Tax Credit Fund. If the Director secures such funds,	104859
the Director, for the purpose of creating new jobs or preserving	104860
existing jobs and employment opportunities and improving the	104861
economic welfare of the people of this state, shall enter into	104862
loan guarantee contracts under section 166.06 of the Revised Code	104863
in connection with approved historic rehabilitation projects,	104864
except that the guarantees shall be secured solely by and be	104865
payable solely from the Ohio Historic Preservation Tax Credit	104866
Fund. Money deposited into the Ohio Historic Preservation Tax	104867
Credit Fund shall be prioritized by providing loan guarantees for	104868
approved historic rehabilitation projects from the first funding	104869
round of the Ohio Historic Preservation Tax Credit Program before	104870
being used to provide loan guarantees for approved historic	104871
rehabilitation projects approved in subsequent funding rounds. The	104872
amount of a loan guarantee provided under this section shall not	104873
exceed the amount of the credit to be awarded for the approved	104874
historic rehabilitation project. References to the loan guarantee	104875
fund in divisions (C) and (F) of section 166.06 of the Revised	104876
Code shall be construed as references to the Ohio Historic	104877
Preservation Tax Credit Fund for the purposes of loan guarantees	104878
authorized by this section, except that no transfer shall be made	104879
to the Ohio Historic Preservation Tax Credit Fund from the	104880
facilities establishment fund as may otherwise be required by that	104881
section.	104882

(D) Nothing in this section is a determination by the General	104883
Assembly that federal funds are currently available for the	104884
purposes of this section. Rather, this section evidences a	104885
determination by the General Assembly that public purposes will be	104886
advanced by the use of current or future federal funds for the	104887
purposes of this section.	104888

Section 610.10. That Section 205.10 of Am. Sub. H.B. 114 of	104889
the 129th General Assembly be amended to read as follows:	104890

Sec. 205.10. DPS DEPARTMENT OF PUBLIC SAFETY

104891

State Highway Safety Fund Group	104892

4W40	762321	Operating Expense - BMV	$	80,003,146	$	82,403,240	104893
4W40	762410	Registrations Supplement	$	28,945,176	$	29,813,532	104894
5V10	762682	License Plate Contributions	$	2,100,000	$	2,100,000	104895
7036	761321	Operating Expense - Information and Education	$	7,124,366	$	7,338,097	104896
7036	761401	Lease Rental Payments	$	9,978,300	$	2,315,700	104897
7036	764033	Minor Capital Projects	$	1,250,000	$	1,250,000	104898
7036	764321	Operating Expense - Highway Patrol	$	260,744,934	$	258,365,903	104899
7036	764605	Motor Carrier Enforcement Expenses	$	2,860,000	$	2,860,000	104900
8300	761603	Salvage and Exchange - Administration	$	19,469	$	20,053	104901
8310	761610	Information and Education - Federal	$	422,084	$	434,746	104902
8310	764610	Patrol - Federal	$	2,209,936	$	2,276,234	104903
8310	764659	Transportation Enforcement - Federal	$	5,519,333	$	5,684,913	104904
8310	765610	EMS - Federal	$	532,007	$	532,007	104905
8310	769610	Food Stamp Trafficking Enforcement - Federal	$	1,546,319	$	1,546,319	104906
8310	769631	Homeland Security - Federal	$	2,184,000	$	2,184,000	104907
8320	761612	Traffic Safety - Federal	$	16,577,565	$	16,577,565	104908
8350	762616	Financial Responsibility Compliance	$	5,457,240	$	5,549,068	104909
8370	764602	Turnpike Policing	$	11,553,959	$	11,553,959	104910
8380	764606	Patrol Reimbursement	$	50,000	$	50,000	104911
83C0	764630	Contraband, Forfeiture, Other	$	622,894	$	622,894	104912
83F0	764657	Law Enforcement Automated Data System	$	9,053,266	$	9,053,266	104913
83G0	764633	OMVI Enforcement/Education	$	623,230	$	641,927	104914
83J0	764693	Highway Patrol Justice Contraband	$	2,100,000	$	2,100,000	104915
83M0	765624	Operating Expense - Trauma and EMS	$	2,632,106	$	2,711,069	104916
83N0	761611	Elementary School Seat Belt Program	$	305,600	$	305,600	104917
83P0	765637	EMS Grants	$	4,106,621	$	4,229,819	104918
83R0	762639	Local Immobilization Reimbursement	$	450,000	$	450,000	104919
83T0	764694	Highway Patrol Treasury Contraband	$	21,000	$	21,000	104920
8400	764607	State Fair Security	$	1,256,655	$	1,294,354	104921
8400	764617	Security and Investigations	$	6,432,686	$	6,432,686	104922
8400	764626	State Fairgrounds Police Force	$	849,883	$	849,883	104923
8400	769632	Homeland Security - Operating	$	737,791	$	737,791	104924
8410	764603	Salvage and Exchange - Highway Patrol	$	1,339,399	$	1,339,399	104925
8460	761625	Motorcycle Safety Education	$	3,185,013	$	3,280,563	104926
8490	762627	Automated Title Processing Board	$	17,316,755	$	14,335,513	104927
TOTAL HSF State Highway Safety Fund Group			$	490,110,733	$	481,261,100	104928

General Services Fund Group	104929

4P60	768601	Justice Program Services	$	998,104	$	1,028,047	104930
4S30	766661	Hilltop Utility Reimbursement	$	540,800	$	540,800	104931
5ET0	768625	Drug Law Enforcement	$	3,780,000	$	3,893,400	104932
5Y10	764695	Highway Patrol Continuing Professional Training	$	170,000	$	170,000	104933
5Y10	767696	Investigative Unit Continuing Professional Training	$	15,000	$	15,000	104934
TOTAL GSF General Services Fund Group			$	5,503,904	$	5,647,247	104935

Federal Special Revenue Fund Group	104936

3290	763645	Federal Mitigation Program	$	10,110,332	$	10,413,642	104937
3370	763609	Federal Disaster Relief	$	27,707,636	$	27,707,636	104938
3390	763647	Emergency Management Assistance and Training	$	75,664,821	$	77,934,765	104939
3CB0	768691	Federal Justice Grants - FFY06	$	200,000	$	50,000	104940
3CC0	768609	Justice Assistance Grants - FFY07	$	583,222	$	310,000	104941
3CD0	768610	Justice Assistance Grants – FFY08	$	310,000	$	150,000	104942
3CE0	768611	Justice Assistance Grants – FFY09	$	865,000	$	1,200,000	104943
3CV0	768697	Justice Assistance Grants Supplement – FFY08	$	2,000	$	0	104944
3DE0	768612	Federal Stimulus - Justice Assistance Grants	$	1,015,000	$	1,015,000	104945
3DH0	768613	Federal Stimulus - Justice Programs	$	150,000	$	150,000	104946
3DU0	762628	BMV Grants	$	1,525,000	$	1,580,000	104947
3EU0	768614	Justice Assistance Grants – FFY10	$	650,000	$	920,000	104948
3L50	768604	Justice Program	$	11,400,000	$	11,400,000	104949
3N50	763644	U.S. Department of Energy Agreement	$	31,672	$	31,672	104950
TOTAL FED Federal Special Revenue Fund Group			$	130,214,683	$	132,862,715	104951

State Special Revenue Fund Group	104952

4V30	763662	EMA Service and Reimbursement	$	4,368,369	$	4,499,420	104953
5390	762614	Motor Vehicle Dealers Board	$	180,000	$	185,400	104954
5B90	766632	Private Investigator and Security Guard Provider	$	1,562,637	$	1,562,637	104955
5BK0	768687	Criminal Justice Services - Operating	$	400,000	$	400,000	104956
5BK0	768689	Family Violence Shelter Programs	$	750,000	$	750,000	104957
5CM0	767691	Federal Investigative Seizure	$	300,000	$	300,000	104958
5DS0	769630	Homeland Security	$	1,414,384	$	1,414,384	104959
5FF0	762621	Indigent Interlock and Alcohol Monitoring	$	2,000,000	$	2,000,000	104960
5FL0	769634	Investigations	$	899,300	$	899,300	104961
6220	767615	Investigative Contraband and Forfeiture	$	375,000	$	375,000	104962
6570	763652	Utility Radiological Safety	$	1,415,945	$	1,415,945	104963
6810	763653	SARA Title III HAZMAT Planning	$	262,438	$	262,438	104964
8500	767628	Investigative Unit Salvage	$	90,000	$	92,700	104965
TOTAL SSR State Special Revenue Fund Group			$	14,018,073	$	14,157,224	104966

Liquor Control Fund Group	104967

7043	767321		Liquor Enforcement - Operating		$	~~11,897,178~~ 10,450,000		$	~~11,897,178~~ 10,600,000		104968
TOTAL LCF Liquor Control Fund Group					$	~~11,897,178~~ 10,450,000		$	~~11,897,178~~ 10,600,000		104969

Agency Fund Group	104970

5J90	761678		Federal Salvage/GSA		$	1,500,000		$	1,500,000		104971
TOTAL AGY Agency Fund Group					$	1,500,000		$	1,500,000		104972

Holding Account Redistribution Fund Group	104973

R024	762619	Unidentified Motor Vehicle Receipts	$	1,885,000	$	1,885,000	104974
R052	762623	Security Deposits	$	350,000	$	350,000	104975
TOTAL 090 Holding Account Redistribution Fund Group			$	2,235,000	$	2,235,000	104976
TOTAL ALL BUDGET FUND GROUPS			$	~~655,479,571~~ 654,032,393	$	~~649,560,464~~ 648,263,286	104977

MOTOR VEHICLE REGISTRATION

104978

The Registrar of Motor Vehicles may deposit revenues to meet	104979
the cash needs of the State Bureau of Motor Vehicles Fund (Fund	104980
4W40) established in section 4501.25 of the Revised Code, obtained	104981
under sections 4503.02 and 4504.02 of the Revised Code, less all	104982
other available cash. Revenue deposited pursuant to this paragraph	104983
shall support, in part, appropriations for operating expenses and	104984
defray the cost of manufacturing and distributing license plates	104985
and license plate stickers and enforcing the law relative to the	104986
operation and registration of motor vehicles. Notwithstanding	104987
section 4501.03 of the Revised Code, the revenues shall be paid	104988
into Fund 4W40 before any revenues obtained pursuant to sections	104989
4503.02 and 4504.02 of the Revised Code are paid into any other	104990
fund. The deposit of revenues to meet the aforementioned cash	104991
needs shall be in approximately equal amounts on a monthly basis	104992
or as otherwise determined by the Director of Budget and	104993
Management pursuant to a plan submitted by the Registrar of Motor	104994
Vehicles.	104995

CAPITAL PROJECTS

104996

The Registrar of Motor Vehicles may transfer cash from the	104997
State Bureau of Motor Vehicles Fund (Fund 4W40) to the State	104998
Highway Safety Fund (Fund 7036) to meet its obligations for	104999
capital projects CIR-047, Department of Public Safety Office	105000
Building and CIR-049, Warehouse Facility.	105001

OBA BOND AUTHORITY/LEASE RENTAL PAYMENTS

105002

The foregoing appropriation item 761401, Lease Rental	105003
Payments, shall be used for payments to the Ohio Building	105004
Authority for the period July 1, 2011, to June 30, 2013, under the	105005
primary leases and agreements for public safety related buildings	105006
financed by obligations issued under Chapter 152. of the Revised	105007
Code. Notwithstanding section 152.24 of the Revised Code, the Ohio	105008
Building Authority may, with approval of the Director of Budget	105009
and Management, lease capital facilities to the Department of	105010
Public Safety.	105011

HILLTOP TRANSFER

105012

The Director of Public Safety shall determine, per an	105013
agreement with the Director of Transportation, the share of each	105014
debt service payment made out of appropriation item 761401, Lease	105015
Rental Payments, that relates to the Department of	105016
Transportation's portion of the Hilltop Building Project, and	105017
shall certify to the Director of Budget and Management the amounts	105018
of this share. The Director of Budget and Management shall	105019
transfer the amounts of such shares from the Highway Operating	105020
Fund (Fund 7002) to the State Highway Safety Fund (Fund 7036).	105021

CASH TRANSFERS TO TRAUMA AND EMERGENCY MEDICAL SERVICES FUND

105022

On July 1, 2011, or as soon as possible thereafter, the	105023
Director of Budget and Management shall transfer the unexpended	105024
and unencumbered cash balance in the Seat Belt Education Fund	105025
(Fund 8440) to the Trauma and Emergency Medical Services Fund	105026
(Fund 83M0). Upon completion of the transfer, Fund 8440 is	105027
abolished. The Director shall cancel any existing encumbrances	105028
against appropriation item 761613, Seat Belt Education Program,	105029
and reestablish them against appropriation item 765624, Operating	105030
Expense - Trauma and EMS. The reestablished encumbrance amounts	105031
are hereby appropriated.	105032

CASH TRANSFERS BETWEEN FUNDS

105033

Notwithstanding any provision of law to the contrary, the	105034
Director of Budget and Management, upon the written request of the	105035
Director of Public Safety, may approve the transfer of cash	105036
between the following six funds: the Trauma and Emergency Medical	105037
Services Fund (Fund 83M0), the Homeland Security Fund (Fund 5DS0),	105038
the Investigations Fund (Fund 5FL0), the Emergency Management	105039
Agency Service and Reimbursement Fund (Fund 4V30), the Justice	105040
Program Services Fund (Fund 4P60), and the State Bureau of Motor	105041
Vehicles Fund (Fund 4W40).	105042

CASH TRANSFERS TO SECURITY, INVESTIGATIONS, AND POLICING FUND

105043

Notwithstanding any provision of law to the contrary, the	105044
Director of Budget and Management, upon the written request of the	105045
Director of Public Safety, may approve the transfer of cash from	105046
the Continuing Professional Training Fund (Fund 5Y10), the State	105047
Highway Patrol Contraband, Forfeiture, and Other Fund (Fund 83C0),	105048
and the Highway Safety Salvage and Exchange Highway Patrol Fund	105049
(Fund 8410) to the Security, Investigations, and Policing Fund	105050
(Fund 8400).	105051

CASH TRANSFERS OF SEAT BELT FINE REVENUES

105052

Notwithstanding any provision of law to the contrary, the	105053
Controlling Board, upon request of the Director of Public Safety,	105054
may approve the transfer of cash between the following four funds	105055
that receive fine revenues from enforcement of the mandatory seat	105056
belt law: the Trauma and Emergency Medical Services Fund (Fund	105057
83M0), the Elementary School Program Fund (Fund 83N0), and the	105058
Trauma and Emergency Medical Services Grants Fund (Fund 83P0).	105059

STATE DISASTER RELIEF

105060

The State Disaster Relief Fund (Fund 5330) may accept	105061
transfers of cash and appropriations from Controlling Board	105062
appropriation items for Ohio Emergency Management Agency disaster	105063
response costs and disaster program management costs, and may also	105064
be used for the following purposes:	105065

(A) To accept transfers of cash and appropriations from	105066
Controlling Board appropriation items for Ohio Emergency	105067
Management Agency public assistance and mitigation program match	105068
costs to reimburse eligible local governments and private	105069
nonprofit organizations for costs related to disasters;	105070

(B) To accept and transfer cash to reimburse the costs	105071
associated with Emergency Management Assistance Compact (EMAC)	105072
deployments;	105073

(C) To accept disaster related reimbursement from federal,	105074
state, and local governments. The Director of Budget and	105075
Management may transfer cash from reimbursements received by this	105076
fund to other funds of the state from which transfers were	105077
originally approved by the Controlling Board.	105078

(D) To accept transfers of cash and appropriations from	105079
Controlling Board appropriation items to fund the State Disaster	105080
Relief Program, for disasters that have been declared by the	105081
Governor, and the State Individual Assistance Program for	105082
disasters that have been declared by the Governor and the federal	105083
Small Business Administration. The Ohio Emergency Management	105084
Agency shall publish and make available application packets	105085
outlining procedures for the State Disaster Relief Program and the	105086
State Individual Assistance Program.	105087

JUSTICE ASSISTANCE GRANT FUND

105088

The federal payments made to the state for the Byrne Justice	105089
Assistance Grants Program under Title II of Division A of the	105090
American Recovery and Reinvestment Act of 2009 shall be deposited	105091
to the credit of the Justice Assistance Grant Fund (Fund 3DE0),	105092
which is hereby created in the state treasury. All investment	105093
earnings of the fund shall be credited to the fund.	105094

FEDERAL STIMULUS – JUSTICE PROGRAMS

105095

The federal payments made to the state for the Violence	105096
Against Women Formula Grant under Title II of Division A of the	105097
American Recovery and Reinvestment Act of 2009 shall be deposited	105098
to the credit of the Federal Stimulus – Justice Programs Fund	105099
(Fund 3DH0).	105100

TRANSFER FROM STATE FIRE MARSHAL FUND TO EMERGENCY MANAGEMENT	105101
AGENCY SERVICE AND REIMBURSEMENT FUND	105102

On July 1 of each fiscal year, or as soon as possible	105103
thereafter, the Director of Budget and Management shall transfer	105104
$200,000 in cash from the State Fire Marshal Fund (Fund 5460) to	105105
the Emergency Management Agency Service and Reimbursement Fund	105106
(Fund 4V30) to be distributed to the Ohio Task Force One – Urban	105107
Search and Rescue Unit and other urban search and rescue programs	105108
around the state.	105109

FAMILY VIOLENCE PREVENTION FUND

105110

Notwithstanding any provision of law to the contrary, in each	105111
of fiscal years 2012 and 2013, the first $750,000 received to the	105112
credit of the Family Violence Prevention Fund (Fund 5BK0) shall be	105113
appropriated to appropriation item 768689, Family Violence Shelter	105114
Programs, and the next $400,000 received to the credit of Fund	105115
5BK0 in each of those fiscal years shall be appropriated to	105116
appropriation item 768687, Criminal Justice Services - Operating.	105117
Any moneys received to the credit of Fund 5BK0 in excess of the	105118
aforementioned appropriated amounts in each fiscal year shall,	105119
upon the approval of the Controlling Board, be used to provide	105120
grants to family violence shelters in Ohio.	105121

SARA TITLE III HAZMAT PLANNING

105122

The SARA Title III HAZMAT Planning Fund (Fund 6810) is	105123
entitled to receive grant funds from the Emergency Response	105124
Commission to implement the Emergency Management Agency's	105125
responsibilities under Chapter 3750. of the Revised Code.	105126

COLLECTIVE BARGAINING INCREASES

105127

Notwithstanding division (D) of section 127.14 and division	105128
(B) of section 131.35 of the Revised Code, except for the General	105129
Revenue Fund, the Controlling Board may, upon the request of	105130
either the Director of Budget and Management, or the Department of	105131
Public Safety with the approval of the Director of Budget and	105132
Management, increase appropriations for any fund, as necessary for	105133
the Department of Public Safety, to assist in paying the costs of	105134
increases in employee compensation that have occurred pursuant to	105135
collective bargaining agreements under Chapter 4117. of the	105136
Revised Code and, for exempt employees, under section 124.152 of	105137
the Revised Code.	105138

CASH BALANCE FUND REVIEW

105139

Not later than the first day of April in each fiscal year of	105140
the biennium, the Director of Budget and Management shall review	105141
the cash balances for each fund, except the State Highway Safety	105142
Fund (Fund 7036) and the State Bureau of Motor Vehicles Fund (Fund	105143
4W40), in the State Highway Safety Fund Group, and shall recommend	105144
to the Controlling Board an amount to be transferred to the credit	105145
of Fund 7036 or Fund 4W40, as appropriate.	105146

Section 610.11. That existing Section 205.10 of Am. Sub. H.B.	105147
114 of the 129th General Assembly is hereby repealed.	105148

Section 620.10. That Section 125.10 of Am. Sub. H.B. 1 of the	105149
128th General Assembly be amended to read as follows:	105150

Sec. 125.10. Sections 5112.40, 5112.41, 5112.42, 5112.43,	105151
5112.44, 5112.45, 5112.46, 5112.47, and 5112.48 of the Revised	105152
Code are hereby repealed, effective October 1, ~~2011~~2013.	105153

Section 620.11. That existing Section 125.10 of Am. Sub. H.B.	105154
1 of the 128th General Assembly is hereby repealed.	105155

Section 620.12. The seventh paragraph of Section 812.20 of	105156
Am. Sub. H.B. 1 of the 128th General Assembly, which refers to the	105157
taking effect of a repeal of sections 5112.40 to 5112.48 of the	105158
Revised Code, is repealed.	105159

Section 620.13. The intent of Sections 620.10 to 620.12 of	105160
this act is to further delay the repeal of sections 5112.40,	105161
5112.41, 5112.42, 5112.43, 5112.44, 5112.45, 5112.46, 5112.47, and	105162
5112.48 of the Revised Code from October 1, 2011, until October 1,	105163
2013.	105164

Section 630.10. That Section 5 of Sub. H.B. 125 of the 127th	105165
General Assembly, as most recently amended by Sub. H.B. 198 of the	105166
128th General Assembly, be amended to read as follows:	105167

Sec. 5. (A) As used in this section and Section 6 of Sub.	105168
H.B. 125 of the 127th General Assembly:	105169

(1) "Most favored nation clause" means a provision in a	105170
health care contract that does any of the following:	105171

(a) Prohibits, or grants a contracting entity an option to	105172
prohibit, the participating provider from contracting with another	105173
contracting entity to provide health care services at a lower	105174
price than the payment specified in the contract;	105175

(b) Requires, or grants a contracting entity an option to	105176
require, the participating provider to accept a lower payment in	105177
the event the participating provider agrees to provide health care	105178
services to any other contracting entity at a lower price;	105179

(c) Requires, or grants a contracting entity an option to	105180
require, termination or renegotiation of the existing health care	105181
contract in the event the participating provider agrees to provide	105182
health care services to any other contracting entity at a lower	105183
price;	105184

(d) Requires the participating provider to disclose the	105185
participating provider's contractual reimbursement rates with	105186
other contracting entities.	105187

(2) "Contracting entity," "health care contract," "health	105188
care services," "participating provider," and "provider" have the	105189
same meanings as in section 3963.01 of the Revised Code, as	105190
enacted by Sub. H.B. 125 of the 127th General Assembly.	105191

(B) ~~With respect to a contracting entity and a provider other~~	105192
~~than a hospital, no~~No health care contract ~~that includes~~shall	105193
contain a most favored nation clause ~~shall be entered into, and no~~	105194
~~health care contract at the instance of a contracting entity shall~~	105195
~~be amended or renewed to include a most favored nation clause, for~~	105196
~~a period of three years after the effective date of Sub. H.B. 125~~	105197
~~of the 127th General Assembly~~.	105198

(C) ~~With respect to a contracting entity and a hospital, no~~	105199
~~health care contract that includes a most favored nation clause~~	105200
~~shall be entered into, and no health care contract at the instance~~	105201
~~of a contracting entity shall be amended or renewed to include a~~	105202
~~most favored nation clause, for a period of three years after the~~	105203
~~effective date of Sub. H.B. 125 of the 127th General Assembly,~~	105204
~~subject to extension as provided in Section 6 of Sub. H.B. 125 of~~	105205
~~the 127th General Assembly.~~	105206

~~(D)~~ This section does not apply to and does not prohibit the	105207
continued use of a most favored nation clause in a health care	105208
contract that is between a contracting entity and a hospital and	105209
that is in existence on the effective date of Sub. H.B. 125 of the	105210
127th General Assembly ~~even if the health care contract is~~	105211
~~materially amended with respect to any provision of the health~~	105212
~~care contract other than the most favored nation clause during the~~	105213
~~two-year period specified in this section or during any extended~~	105214
~~period of time as provided in Section 6 of Sub. H.B. 125 of the~~	105215
~~127th General Assembly~~. This section applies to such contract if	105216
that contract is amended, or to any extension or renewal of that	105217
contract.	105218

Section 630.11. That existing Section 5 of Sub. H.B. 125 of	105219
the 127th General Assembly, as most recently amended by Sub. H.B.	105220
198 of the 128th General Assembly, is hereby repealed.	105221

Section 630.12. That Section 5 of Sub. H.B. 2 of the 127th	105222
General Assembly is hereby repealed.	105223

Section 690.10. That Section 153 of Am. Sub. H.B. 117 of the	105224
121st General Assembly, as most recently amended by Am. Sub. H.B.	105225
1 of the 128th General Assembly, be amended to read as follows:	105226

Sec. 153. (A) Sections 5112.01, 5112.03, 5112.04, 5112.05,	105227
5112.06, 5112.07, 5112.08, 5112.09, 5112.10, 5112.11, 5112.18,	105228
5112.19, 5112.21, and 5112.99 of the Revised Code are hereby	105229
repealed, effective October 16, ~~2011~~2013.	105230

(B) Any money remaining in the Legislative Budget Services	105231
Fund on October 16, ~~2011~~2013, the date that section 5112.19 of	105232
the Revised Code is repealed by division (A) of this section,	105233
shall be used solely for the purposes stated in then former	105234
section 5112.19 of the Revised Code. When all money in the	105235
Legislative Budget Services Fund has been spent after then former	105236
section 5112.19 of the Revised Code is repealed under division (A)	105237
of this section, the fund shall cease to exist.	105238

Section 690.11. That existing Section 153 of Am. Sub. H.B.	105239
117 of the 121st General Assembly, as most recently amended by Am.	105240
Sub. H.B. 1 of the 128th General Assembly, is hereby repealed.	105241

Section 701.10. The Department of Administrative Services	105242
shall post on the Department's Internet web site the form for the	105243
contract documents that a public authority contracting for	105244
services with a construction manager at risk or a design-build	105245
firm must use on and after the date of the posting and until the	105246
rules adopted under section 153.502 of the Revised Code are	105247
implemented.	105248

Section 701.20. Not later than July 1, 2012, the Department	105249
of Administrative Services shall submit a report to the General	105250
Assembly, in accordance with section 101.68 of the Revised Code,	105251
on the feasibility of all of the following regarding health care	105252
plans to cover persons employed by political subdivisions, public	105253
school districts, as defined in section 9.901 of the Revised Code,	105254
and state institutions of higher education, as defined in section	105255
3345.011 of the Revised Code:	105256

(A) Designing multiple health care plans that achieve an	105257
optimal combination of coverage, cost, choice, and stability,	105258
which plans include both state and regional preferred provider	105259
plans, set employee and employer premiums, and set employee plan	105260
copayments, deductibles, exclusions, limitations, formularies, and	105261
other responsibilities;	105262

(B) Maintaining reserves, reinsurance, and other measures to	105263
insure the long-term stability and solvency of the health care	105264
plans;	105265

(C) Providing appropriate health care information, wellness	105266
programs, and other preventive health care measures to health care	105267
plan beneficiaries;	105268

(D) Coordinating contracts for services related to the health	105269
care plans;	105270

(E) Voluntary and mandatory participation by political	105271
subdivisions, public school districts, and institutions of higher	105272
education;	105273

(F) The potential impacts of any changes to the existing	105274
purchasing structure on existing health care pooling and	105275
consortiums;	105276

(G) Removing barriers to competition and access to health	105277
care pooling.	105278

No action shall be taken regarding health care coverage for	105279
employees of political subdivisions, public school districts, and	105280
state institutions of higher education without the enactment of	105281
law by the General Assembly.	105282

Section 701.30. EXEMPT EMPLOYEE CONSENT TO CERTAIN DUTIES

105283

As used in this section, "appointing authority" has the same	105284
meaning as in section 124.01 of the Revised Code, and "exempt	105285
employee" has the same meaning as in section 124.152 of the	105286
Revised Code.	105287

Notwithstanding section 124.181 of the Revised Code, in cases	105288
where no vacancy exists, an appointing authority may, with the	105289
written consent of an exempt employee, assign duties of a higher	105290
classification to that exempt employee for a period of time not to	105291
exceed two years, and that exempt employee shall receive	105292
compensation at a rate commensurate with the duties of the higher	105293
classification.	105294

Section 701.40. (A)There is hereby created the Ohio Housing	105295
Study Committee with the purpose of formulating a comprehensive	105296
review of the policies and results of the Ohio Housing Finance	105297
Agency, its programs and its working relationships with its	105298
for-profit and not-for-profit partners to ensure that all Agency	105299
programs are evaluated by an objective process to ensure all	105300
Ohioans receive the benefits afforded to them through the	105301
authority of the Agency.	105302

(B) The Committee shall do all of the following:

105303

(1) Perform a comprehensive review of Chapter 175. of the	105304
Revised Code to determine the relevance of the chapter and	105305
determine whether it should be formally reviewed or amended by the	105306
General Assembly, up to and including appropriate legislative	105307
oversight and accountability;	105308

(2) Review the Agency's relationships with all of its	105309
for-profit and not-for-profit partners to ensure an equitable and	105310
level playing field regarding its single- and multi-family housing	105311
programs;	105312

(3) Review the Agency's policy leadership and the economic	105313
impact of its Single Family Mortgage Revenue Bond Program;	105314

(4) Review the Agency's Qualified Allocation Plan development	105315
process and underlying policy to understand the policy basis for	105316
its annual creation and ratification by the Board of Directors;	105317

(5) Create a quantitative report measuring the economic	105318
benefits of the Agency's single- and multi-family programming over	105319
the last ten years;	105320

(6) Evaluate the possible efficiencies of combining existing	105321
Ohio Department of Development housing-related programming with	105322
those of the Agency.	105323

The Director of Commerce may include other relevant areas of	105324
study as necessary.	105325

(C) The Committee shall commence on the effective date of	105326
this act and shall provide a report expressing its findings to the	105327
Governor, the Speaker of the House of Representatives, and the	105328
President of the Senate on or before January 1, 2012.	105329

(D) The Director of Commerce shall serve as the Committee's	105330
chairperson. The Committee shall be comprised of the Director and	105331
two members of the General Assembly. One member shall be appointed	105332
by the Speaker of the House of Representatives and one member	105333
shall be appointed by the President of the Senate.	105334

(E) The Committee shall meet at the discretion of the	105335
Director of Commerce.	105336

Section 701.50. (A) Except as otherwise provided in section	105337
154.24 or 154.25 of the Revised Code, as enacted by this act, with	105338
respect to the functions of the Ohio Public Facilities Commission,	105339
the Treasurer of State shall, on the effective date of this	105340
section and as provided for in this section, supersede and replace	105341
the Ohio Building Authority (referred to in this section as the	105342
"Authority") as the issuing authority in all matters relating to	105343
the issuance of obligations for the financing of capital	105344
facilities for housing branches and agencies of state government	105345
as provided for in section 154.24 of the Revised Code or for	105346
community or technical colleges as provided for in section 154.25	105347
of the Revised Code (together referred to in this section as	105348
"facilities for capital purposes"), as enacted by this act (all	105349
referred to in this section as "superseded matters").	105350

(B)(1) With respect to superseded matters and facilities for	105351
capital purposes, the Treasurer of State shall:	105352

(a) Succeed to and have and perform all of the duties,	105353
powers, obligations, and functions of the Authority and its	105354
members and officers provided for by law or rule relating to the	105355
issuance of bonds, notes, or other obligations for the purpose of	105356
paying costs of facilities for capital purposes;	105357

(b) Succeed to and have and perform all of the duties,	105358
powers, obligations, and functions, and have all of the rights of,	105359
the Authority and its members and officers provided for in or	105360
pursuant to resolutions, rules, agreements, trust agreements, and	105361
supplemental trust agreements (all referred to collectively in	105362
this section as "basic instruments"), and bonds, notes, and other	105363
obligations (all referred to collectively in this section as	105364
"financing obligations"), previously authorized, entered into, or	105365
issued by the Authority for facilities for capital purposes, which	105366
financing obligations shall be, or shall be deemed to be,	105367
obligations issued by and of the Treasurer of State; and	105368

(c) Be bound by all agreements and covenants of the	105369
Authority, and basic instruments, relating to financing	105370
obligations.	105371

(2) The transfer of superseded matters to the Treasurer of	105372
State pursuant to this section does not affect the validity of any	105373
agreement or covenant, basic instrument, or financing obligation,	105374
or any related document, authorized, entered into, or issued by	105375
the Authority under Chapter 152. of the Revised Code or other	105376
laws, and nothing in this section shall be applied or considered	105377
as impairing the obligations or rights under them.	105378

(3) The Treasurer of State shall not issue any additional	105379
financing obligations pursuant to any basic instrument of the	105380
Authority, including financing obligations to refund financing	105381
obligations previously issued by the Authority.	105382

(C) With respect to proceedings relating to superseded	105383
matters affected by this section:	105384

(1) This section applies to any proceedings that are	105385
commenced after the effective date of this section, and to any	105386
proceedings that are pending, in progress, or completed on that	105387
date, notwithstanding the applicable law previously in effect or	105388
any provision to the contrary in a prior basic instrument, notice,	105389
or other proceeding.	105390

(2) Any proceedings of the Authority that are pending on the	105391
effective date of this section shall be pursued and completed by	105392
and in the name of the Treasurer of State, and any financing	105393
obligations that are sold, issued, and delivered pursuant to those	105394
proceedings shall be deemed to have been authorized, sold, issued,	105395
and delivered in conformity with this section.	105396

(3) Notwithstanding divisions (C)(1) and (2) of this section,	105397
the Authority may, subsequent to the effective date of this	105398
section, meet for the purpose of better accomplishing the transfer	105399
of superseded matters. At any such meeting the Authority may take	105400
necessary or appropriate actions to effect an orderly transition	105401
relating to the issuance of financing obligations, such that all	105402
duties, powers, obligations, and functions of the Authority and	105403
its members and officers with respect to the superseded matters or	105404
under any leases and agreements between the Authority and a state	105405
agency for facilities for capital purposes shall terminate and be	105406
of no further force and effect as to the Authority.	105407

(D) The Authority and the Treasurer of State shall prepare	105408
any necessary amendments of or supplements to documents or basic	105409
instruments pertaining to the duties, powers, obligations,	105410
functions, and rights relating to superseded matters to which the	105411
Treasurer of State succeeds pursuant to this section. The	105412
authorization by the Authority in its basic instruments relating	105413
to superseded matters for its officers to act in any manner on	105414
behalf of the Authority shall, on and after the effective date of	105415
this section, be authorization for the Treasurer of State, or the	105416
Treasurer of State's staff or employees to whom the Treasurer of	105417
State may delegate the function, to act in the circumstances,	105418
without necessity for amendment of or supplement to any such	105419
documents or basic instruments.	105420

(E) No pending judicial or administrative action or	105421
proceeding in which the Authority, or its members or officers as	105422
such, are a party that pertains to superseded matters shall be	105423
affected by their transfer, but shall be prosecuted or defended in	105424
the name of the Treasurer of State and in any such action or	105425
proceeding the Treasurer of State, upon application to the court,	105426
shall be substituted as a party.	105427

(F) In connection with the duties, powers, obligations,	105428
functions, and rights relating to superseded matters and provided	105429
for in this section, on the effective date of this section:	105430

(1) Copies of all basic instruments, documents, books,	105431
papers, and records of the Authority shall be transferred to the	105432
Treasurer of State upon request, without necessity for assignment,	105433
conveyance, or other action by the Authority.	105434

(2) All appropriations previously made to or for the	105435
Authority for the purposes of the performance of the duties,	105436
powers, obligations, functions, and exercise of rights relating to	105437
superseded matters, to the extent of remaining unexpended or	105438
unencumbered balances, are hereby transferred to and made	105439
available for use and expenditure by the Treasurer of State for	105440
performing the same duties, powers, obligations, and functions and	105441
exercising the same rights for which originally appropriated, and	105442
payments for administrative expenses previously incurred in	105443
connection with them shall be made from the applicable	105444
administrative service fund on vouchers approved by the Treasurer	105445
of State.	105446

(3) All leases and agreements between the Authority and a	105447
state agency for facilities for capital purposes made under	105448
Chapter 152. of the Revised Code shall, and shall be considered	105449
to, continue to bind that state agency. Nothing in this act shall	105450
be considered as impairing the obligations of any state agency	105451
under those leases and agreements.	105452

(4) Any lease, grant, or conveyance made to the Authority	105453
pursuant to section 152.06 of the Revised Code shall be, and shall	105454
be deemed to be, made to the Ohio Public Facilities Commission	105455
pursuant to section 154.16 of the Revised Code, and the Ohio	105456
Public Facilities Commission shall succeed to and have and perform	105457
all of the duties, powers, obligations, and functions, and have	105458
all of the rights, of the Authority and its members and officers	105459
provided for in or pursuant to that lease, grant, or conveyance.	105460

(G) Whenever the Authority, or any of its members or	105461
officers, is referred to in any contract or other document	105462
relating to those outstanding financing obligations, the reference	105463
shall be considered to be, as applicable, to the Ohio Public	105464
Facilities Commission or its appropriate officers or to the	105465
Treasurer of State or the appropriate staff of the Treasurer of	105466
State.	105467

Section 715.10. (A) The Ohio Soil and Water Conservation	105468
Commission that is created in section 1515.02 of the Revised Code	105469
shall establish a Conservation Program Delivery Task Force to	105470
provide recommendations to the Director of Natural Resources	105471
regarding how soil and water conservation districts established	105472
under section 1515.03 of the Revised Code may advance effective	105473
and efficient operations while continuing to provide local program	105474
leadership. The Task Force shall examine methods for improving	105475
services and removing impediments to organizational management and	105476
explore opportunities for sharing services across all levels of	105477
government.	105478

(B) The chairperson of the Commission in consultation with	105479
the Director shall appoint no more than nine members to the Task	105480
Force. The Task Force shall include members of the boards of	105481
supervisors of soil and water conservation districts and other	105482
individuals who represent diverse geographic areas of the state	105483
and may include members from the Ohio Federation of Soil and Water	105484
Conservation Districts, the Natural Resources Conservation Service	105485
in the United States Department of Agriculture, the County	105486
Commissioners' Association of Ohio, the Ohio Municipal League, and	105487
the Ohio Township Association. The Task Force may consult with	105488
those organizations and agencies.	105489

(C) The chairperson of the Commission or another member of	105490
the Commission who is designated by the chairperson shall serve as	105491
chairperson of the Task Force.	105492

(D) Members appointed to the Task Force shall serve without	105493
compensation and shall not be reimbursed for expenses. The	105494
Division of Soil and Water Resources shall provide technical and	105495
administrative support as needed by the Task Force.	105496

(E) The Task Force shall hold its first meeting no later than	105497
September 1, 2011, and shall submit a final report of	105498
recommendations to the Director and the Commission no later than	105499
December 31, 2011. Upon submission of the final report, the Task	105500
Force shall cease to exist.	105501

Section 733.10. (A) The Department of Education shall	105502
conduct and publicize a second Educational Choice Scholarship	105503
application period for the 2011-2012 school year to award for that	105504
year scholarships newly authorized by sections 3310.02 and 3310.03	105505
of the Revised Code, as amended by this act. The second	105506
application period shall commence on the effective date of this	105507
section and shall end at the close of business on the first	105508
business day that is at least sixty days after the effective date	105509
of this section.	105510

(B) Not later than ten days after the effective date of this	105511
section, the Department shall do both of the following:	105512

(1) Mail, to each person who applied for a scholarship during	105513
the first application period for the 2011-2012 school year but did	105514
not receive a scholarship, a notice announcing the second	105515
application period, the opportunity to re-apply, and the	105516
application deadline;	105517

(2) Post prominently on its web site a list of school	105518
district-operated buildings that meet both of the following	105519
criteria:	105520

(a) For at least two of the three school years from 2007-2008	105521
through 2009-2010, ranked in the lowest ten per cent of school	105522
buildings according to performance index score reported under	105523
section 3302.03 of the Revised Code;	105524

(b) Were not declared to be excellent or effective under that	105525
section for the 2009-2010 school year.	105526

(C) The Department shall award scholarships for the 2011-2012	105527
school year from applications submitted during the second	105528
application period according to the order of priority listed in	105529
division (B) of section 3310.02 of the Revised Code, as amended by	105530
this act. The Department shall base its award determinations on	105531
the applicant students' status during the 2010-2011 school year.	105532

(D) Notwithstanding any provision of sections 3310.01 to	105533
3310.17 of the Revised Code, any rule of the State Board of	105534
Education, or any policy of the Department to the contrary, the	105535
Department shall not deny a scholarship to a student for whom an	105536
application is submitted during the second application period	105537
solely because the student already has been admitted to a	105538
chartered nonpublic school for the 2011-2012 school year, if both	105539
of the following apply:	105540

(1) A timely application was submitted on the student's	105541
behalf during the first application period for the 2011-2012	105542
school year and the student was denied a scholarship solely	105543
because the number of applications exceeded the number of	105544
available scholarships.	105545

(2) The student either:

105546

(a) Was enrolled, through the final day of scheduled classes	105547
for the 2010-2011 school year, in the district school or community	105548
school indicated on the student's first application for the	105549
2011-2012 school year;	105550

(b) Is eligible to enroll in kindergarten for the 2011-2012	105551
school year and was not enrolled in kindergarten in a nonpublic	105552
school in the 2010-2011 school year.	105553

(E) As used in this section, "enrolled" has the same meaning	105554
as in division (E) of section 3317.03 of the Revised Code.	105555

Section 737.30. (A) The Manufactured Homes Commission shall	105556
adopt the rules required by section 4781.26 of the Revised Code as	105557
amended by this act not later than December 1, 2011. After	105558
adopting the rules, the Commission immediately shall notify the	105559
Director of Health.	105560

(B)(1) The rules governing manufactured home parks adopted by	105561
the Public Health Council under former section 3733.02 of the	105562
Revised Code as amended by this act shall remain in effect in a	105563
health district until the Commission adopts rules under section	105564
4781.26 of the Revised Code as amended by this act.	105565

(2) On the effective date of the rules adopted by the	105566
Commission as required by section 4781.26 of the Revised Code as	105567
amended by this act, the Public Health Council rules adopted under	105568
former section 3733.02 of the Revised Code as amended by this act	105569
cease to be effective within the jurisdiction of that board of	105570
health.	105571

(C) No board of health of a city or general health district	105572
shall invoice or collect manufactured home park licensing fees for	105573
calendar year 2012.	105574

(D) As used in this section:

105575

(1) "Manufactured home park," "board of health," and "health	105576
district" have the same meanings as in section 3733.01 of the	105577
Revised Code.	105578

(2) "Public Health Council" means the Public Health Council	105579
created by section 3701.33 of the Revised Code.	105580

Section 747.10. On or about December 1, 2011, the Director of	105581
Budget and Management shall transfer cash from the general	105582
operations fund created in section 3701.83 of the Revised Code,	105583
which has been collected pursuant to sections 3733.02 to 3733.08	105584
of the Revised Code, to the occupational licensing and regulatory	105585
fund created in section 4743.05 of the Revised Code. Moneys so	105586
transferred shall be used only for the purpose of administering	105587
sections 4781.26 to 4781.35 of the Revised Code.	105588

Section 747.20. Notwithstanding the original term of the	105589
appointment, the term of the Manufactured Homes Commission member	105590
who was appointed by the Governor as a representative of the	105591
Department of Health pursuant to division (B)(2)(b) of section	105592
4781.02 of the Revised Code shall end on the effective date of	105593
that section as amended by this act. The initial term of the	105594
registered sanitarian appointed to the Manufactured Homes	105595
Commission pursuant to section 4781.02 of the Revised Code, as	105596
amended by this act, shall expire on the date when the	105597
representative of the Department of Health's term would have	105598
expired, but for this section.	105599

Section 753.10. (A) As used in this section, "contractor"	105600
and "facility" have the same meanings as in section 9.06 of the	105601
Revised Code, as amended by Sections 101.01 and 101.02 of this	105602
act.	105603

(B)(1) The Director of Administrative Services and the	105604
Director of Rehabilitation and Correction are hereby authorized to	105605
award one or more contracts through requests for proposals for the	105606
operation and management by a contractor of one or more of the	105607
facilities described in divisions (C) to (G) of this section,	105608
pursuant to section 9.06 of the Revised Code, and for the transfer	105609
of the state's right, title, and interest in the real property on	105610
which the facility is situated and any surrounding land as	105611
described in those divisions.	105612

(2) If the Director of Administrative Services and the	105613
Director of Rehabilitation and Correction award a contract of the	105614
type described in division (B)(1) of this section to a contractor	105615
regarding a facility described in division (C), (D), (E), (F), or	105616
(G) of this section, in addition to the requirements, statements,	105617
and authorizations that must be included in the contract pursuant	105618
to division (B) of section 9.06 of the Revised Code, the contract	105619
shall include all of the following regarding the facility that is	105620
the subject of the contract:	105621

(a) An agreement for the sale to the contractor of the	105622
state's right, title, and interest in the facility, the land	105623
situated thereon, and specified surrounding land;	105624

(b) A requirement that the contractor provide preferential	105625
hiring treatment to employees of the Department of Rehabilitation	105626
and Correction in order to retain staff displaced as a result of	105627
the transition of the operation and management of the facility and	105628
to meet the administrative, programmatic, maintenance, and	105629
security needs of the facility;	105630

(c) Notwithstanding any provision of the Revised Code,	105631
authorization for the transfer to the contractor of any supplies,	105632
equipment, furnishings, fixtures, or other assets considered	105633
necessary by the Director of Rehabilitation and Correction and the	105634
Director of Administrative Services for the continued operation	105635
and management of the facility.	105636

(3)(a) If the Director of Administrative Services and the	105637
Director of Rehabilitation and Correction award a contract of the	105638
type described in division (B)(1) of this section to a contractor	105639
regarding a facility described in division (C), (D), (E), (F), or	105640
(G) of this section, notwithstanding any provision of the Revised	105641
Code and subject to division (B)(3)(b) of this section, the state	105642
may transfer to the contractor in accordance with the contract any	105643
supplies, equipment, furnishings, fixtures, or other assets	105644
considered necessary by the Director of Rehabilitation and	105645
Correction and the Director of Administrative Services for the	105646
continued operation and management of the facility. For purposes	105647
of this paragraph and the transfer authorized under this	105648
paragraph, any such supplies, equipment, furnishings, fixtures, or	105649
other assets shall not be considered supplies, excess supplies, or	105650
surplus supplies as defined in section 125.12 of the Revised Code	105651
and may be disposed of as part of the transfer of the facility to	105652
the contractor.	105653

(b) If the Director of Administrative Services and the	105654
Director of Rehabilitation and Correction award a contract of the	105655
type described in division (B)(1) of this section to a contractor	105656
regarding the facility described in division (D) of this section,	105657
the Director of Rehabilitation and Correction may transfer to	105658
another state correctional institution to be determined by the	105659
Director of Rehabilitation and Correction the Braille printing	105660
press and related accessories located at the facility described in	105661
division (D) of this section and all programs associated with the	105662
Braille printing press.	105663

(4) Nothing in divisions (B)(1) to (3) or divisions (C) to	105664
(G) of this section restricts the department of rehabilitation and	105665
correction from contracting for only the private operation and	105666
management of any of the facilities described in divisions (C) to	105667
(G) of this section.	105668

(C)(1) As used in division (C) of this section, "grantee"	105669
means an entity that has contracted under section 9.06 of the	105670
Revised Code to privately operate the Lake Erie Correctional	105671
Facility, if the contract includes the clauses described in	105672
division (B)(2) of this section for the purchase of that Facility.	105673

(2) The Governor is authorized to execute a deed in the name	105674
of the state conveying to the grantee, its successors and assigns,	105675
all of the right, title, and interest of the state in the Lake	105676
Erie Correctional Facility, in the City of Conneaut, County of	105677
Ashtabula, State of Ohio, the land situated thereon, and any	105678
surrounding land.	105679

In preparing the deed, the Auditor of State, with the	105680
assistance of the Attorney General, shall develop a legal	105681
description of the property in conformity with the actual bounds	105682
of the real estate.	105683

(3) Consideration for conveyance of the real estate shall be	105684
set forth in the contract awarded to the grantee and shall be paid	105685
in accordance with the terms of the contract.	105686

(4)(a) The deed may contain any restriction that the Director	105687
of Administrative Services and the Director of Rehabilitation and	105688
Correction determine is reasonably necessary to protect the	105689
state's interest in neighboring state-owned land.	105690

(b) The deed also shall contain restrictions prohibiting the	105691
grantee from:	105692

(i) Using, developing, or selling the real estate, or the	105693
correctional facility thereon, except in conformance with the	105694
restriction, or if the use, development, or sale will interfere	105695
with the quiet enjoyment of the neighboring state-owned land; and	105696

(ii) Using the real estate for any use other than as a	105697
correctional institution.	105698

(5) The real estate shall be sold as an entire tract and not	105699
in parcels.	105700

(6) Upon payment of the purchase price as set forth in the	105701
contract awarded to the grantee, the Auditor of State, with the	105702
assistance of the Attorney General, shall prepare a deed to the	105703
real estate. The deed shall state the consideration and	105704
restrictions and shall be executed by the Governor in the name of	105705
the state, countersigned by the Secretary of State, sealed with	105706
the Great Seal of the State, presented in the Office of the	105707
Auditor of State for recording, and delivered to the grantee. The	105708
grantee shall present the deed for recording in the Office of the	105709
Ashtabula County Recorder.	105710

(7) The grantee shall pay all costs associated with the	105711
purchase and conveyance of the real estate, including recordation	105712
costs of the deed.	105713

(8) The proceeds of the conveyance of the real estate shall	105714
be deposited into the State Treasury to the credit of the Adult	105715
and Juvenile Correctional Facilities Bond Retirement Fund and	105716
shall be used to retire bonds in accordance with section 5120.092	105717
of the Revised Code, and any remaining moneys shall be transferred	105718
in accordance with that section to the General Revenue Fund.	105719

(9) Division (C) of this section does not restrict the	105720
Department of Rehabilitation and Correction from contracting, not	105721
for the sale of, but only for the private operation and management	105722
of the Lake Erie Correctional Facility.	105723

(10) Division (C) of this section expires two years after its	105724
effective date.	105725

(D)(1) As used in division (D) of this section, "grantee"	105726
means an entity that has contracted under section 9.06 of the	105727
Revised Code to privately operate the Grafton Correctional	105728
Institution, if the contract includes the clauses described in	105729
division (B)(2) of this section for the purchase of that	105730
Institution.	105731

(2) The Governor is authorized to execute a deed in the name	105732
of the state conveying to the grantee, its successors and assigns,	105733
all of the right, title, and interest of the state in the Grafton	105734
Correctional Institution, in the City of Grafton, County of	105735
Lorain, State of Ohio, the land situated thereon, and any	105736
surrounding land.	105737

In preparing the deed, the Auditor of State, with the	105738
assistance of the Attorney General, shall develop a legal	105739
description of the property in conformity with the actual bounds	105740
of the real estate.	105741

(3) Consideration for conveyance of the real estate shall be	105742
set forth in the contract awarded to the grantee and shall be paid	105743
in accordance with the terms of the contract.	105744

(4)(a) The deed may contain any restriction that the Director	105745
of Administrative Services and the Director of Rehabilitation and	105746
Correction determine is reasonably necessary to protect the	105747
state's interest in neighboring state-owned land.	105748

(b) The deed also shall contain restrictions prohibiting the	105749
grantee from:	105750

(i) Using, developing, or selling the real estate, or the	105751
correctional facility thereon, except in conformance with the	105752
restriction, or if the use, development, or sale will interfere	105753
with the quiet enjoyment of the neighboring state-owned land; and	105754

(ii) Using the real estate for any use other than as a	105755
correctional institution.	105756

(5) The real estate shall be sold as an entire tract and not	105757
in parcels.	105758

(6) Upon payment of the purchase price as set forth in the	105759
contract awarded to the grantee, the Auditor of State, with the	105760
assistance of the Attorney General, shall prepare a deed to the	105761
real estate. The deed shall state the consideration and	105762
restrictions and shall be executed by the Governor in the name of	105763
the state, countersigned by the Secretary of State, sealed with	105764
the Great Seal of the State, presented in the Office of the	105765
Auditor of State for recording, and delivered to the grantee. The	105766
grantee shall present the deed for recording in the Office of the	105767
Lorain County Recorder.	105768

(7) The grantee shall pay all costs associated with the	105769
purchase and conveyance of the real estate, including recordation	105770
costs of the deed.	105771

(8) The proceeds of the conveyance of the real estate shall	105772
be deposited into the State Treasury to the credit of the Adult	105773
and Juvenile Correctional Facilities Bond Retirement Fund and	105774
shall be used to retire bonds in accordance with section 5120.092	105775
of the Revised Code, and any remaining moneys shall be transferred	105776
in accordance with that section to the General Revenue Fund.	105777

(9) Division (D) of this section does not restrict the	105778
Department of Rehabilitation and Correction from contracting, not	105779
for the sale of, but only for the private operation and management	105780
of the Grafton Correctional Institution.	105781

(10) Division (D) of this section expires two years after its	105782
effective date.	105783

(E)(1) As used in division (E) of this section, "grantee"	105784
means an entity that has contracted under section 9.06 of the	105785
Revised Code to privately operate the North Coast Correctional	105786
Treatment Facility, if the contract includes the clauses described	105787
in division (B)(2) of this section for the purchase of that	105788
Facility.	105789

(2) The Governor is authorized to execute a deed in the name	105790
of the state conveying to the grantee, its successors and assigns,	105791
all of the right, title, and interest of the state in the North	105792
Coast Correctional Treatment Facility, in the City of Grafton,	105793
County of Lorain, State of Ohio, the land situated thereon, and	105794
any surrounding land.	105795

In preparing the deed, the Auditor of State, with the	105796
assistance of the Attorney General, shall develop a legal	105797
description of the property in conformity with the actual bounds	105798
of the real estate.	105799

(3) Consideration for conveyance of the real estate shall be	105800
set forth in the contract awarded to the grantee and shall be paid	105801
in accordance with the terms of the contract.	105802

(4)(a) The deed may contain any restriction that the Director	105803
of Administrative Services and the Director of Rehabilitation and	105804
Correction determine is reasonably necessary to protect the	105805
state's interest in neighboring state-owned land.	105806

(b) The deed also shall contain restrictions prohibiting the	105807
grantee from:	105808

(i) Using, developing, or selling the real estate, or the	105809
correctional facility thereon, except in conformance with the	105810
restriction, or if the use, development, or sale will interfere	105811
with the quiet enjoyment of the neighboring state-owned land; and	105812

(ii) Using the real estate for any use other than as a	105813
correctional institution.	105814

(5) The real estate shall be sold as an entire tract and not	105815
in parcels.	105816

(6) Upon payment of the purchase price as set forth in the	105817
contract awarded to the grantee, the Auditor of State, with the	105818
assistance of the Attorney General, shall prepare a deed to the	105819
real estate. The deed shall state the consideration and	105820
restrictions and shall be executed by the Governor in the name of	105821
the state, countersigned by the Secretary of State, sealed with	105822
the Great Seal of the State, presented in the Office of the	105823
Auditor of State for recording, and delivered to the grantee. The	105824
grantee shall present the deed for recording in the Office of the	105825
Lorain County Recorder.	105826

(7) The grantee shall pay all costs associated with the	105827
purchase and conveyance of the real estate, including recordation	105828
costs of the deed.	105829

(8) The proceeds of the conveyance of the real estate shall	105830
be deposited into the State Treasury to the credit of the Adult	105831
and Juvenile Correctional Facilities Bond Retirement Fund and	105832
shall be used to retire bonds in accordance with section 5120.092	105833
of the Revised Code, and any remaining moneys shall be transferred	105834
in accordance with that section to the General Revenue Fund.	105835

(9) Division (E) of this section does not restrict the	105836
Department of Rehabilitation and Correction from contracting, not	105837
for the sale of, but only for the private operation and management	105838
of the North Coast Correctional Treatment Facility.	105839

(10) Division (E) of this section expires two years after its	105840
effective date.	105841

(F)(1) As used in division (F) of this section, "grantee"	105842
means an entity that has contracted under section 9.06 of the	105843
Revised Code to privately operate the North Central Correctional	105844
Institution, if the contract includes the clauses described in	105845
division (B)(2) of this section for the purchase of that	105846
Institution.	105847

(2) The Governor is authorized to execute a deed in the name	105848
of the state conveying to the grantee, its successors and assigns,	105849
all of the right, title, and interest of the state in the North	105850
Central Correctional Institution, in the City of Marion, County of	105851
Marion, State of Ohio, the land situated thereon, and any	105852
surrounding land.	105853

In preparing the deed, the Auditor of State, with the	105854
assistance of the Attorney General, shall develop a legal	105855
description of the property in conformity with the actual bounds	105856
of the real estate.	105857

(3) Consideration for conveyance of the real estate shall be	105858
set forth in the contract awarded to the grantee and shall be paid	105859
in accordance with the terms of the contract.	105860

(4)(a) The deed may contain any restriction that the Director	105861
of Administrative Services and the Director of Rehabilitation and	105862
Correction determine is reasonably necessary to protect the	105863
state's interest in neighboring state-owned land.	105864

(b) The deed also shall contain restrictions prohibiting the	105865
grantee from:	105866

(i) Using, developing, or selling the real estate, or the	105867
correctional facility thereon, except in conformance with the	105868
restriction, or if the use, development, or sale will interfere	105869
with the quiet enjoyment of the neighboring state-owned land; and	105870

(ii) Using the real estate for any use other than as a	105871
correctional institution.	105872

(5) The real estate shall be sold as an entire tract and not	105873
in parcels.	105874

(6) Upon payment of the purchase price as set forth in the	105875
contract awarded to the grantee, the Auditor of State, with the	105876
assistance of the Attorney General, shall prepare a deed to the	105877
real estate. The deed shall state the consideration and	105878
restrictions and shall be executed by the Governor in the name of	105879
the state, countersigned by the Secretary of State, sealed with	105880
the Great Seal of the State, presented in the Office of the	105881
Auditor of State for recording, and delivered to the grantee. The	105882
grantee shall present the deed for recording in the Office of the	105883
Marion County Recorder.	105884

(7) The grantee shall pay all costs associated with the	105885
purchase and conveyance of the real estate, including recordation	105886
costs of the deed.	105887

(8) The proceeds of the conveyance of the real estate shall	105888
be deposited into the State Treasury to the credit of the Adult	105889
and Juvenile Correctional Facilities Bond Retirement Fund and	105890
shall be used to retire bonds in accordance with section 5120.092	105891
of the Revised Code, and any remaining moneys shall be transferred	105892
in accordance with that section to the General Revenue Fund.	105893

(9) Division (F) of this section does not restrict the	105894
Department of Rehabilitation and Correction from contracting, not	105895
for the sale of, but only for the private operation and management	105896
of the North Central Correctional Institution.	105897

(10) Division (F) of this section expires two years after its	105898
effective date.	105899

(G)(1) As used in division (G) of this section, "grantee"	105900
means an entity that has contracted under section 9.06 of the	105901
Revised Code to privately operate a facility at the vacated	105902
correctional facility, previously operated by the Department of	105903
Youth Services adjacent to the North Central Correctional	105904
Institution, if the contract includes the clauses described in	105905
division (B)(2) of this section for the purchase of that facility.	105906

(2) The Governor is authorized to execute a deed in the name	105907
of the state conveying to the grantee, its successors and assigns,	105908
all of the right, title, and interest of the state in the vacated	105909
correctional facility, previously operated by the Department of	105910
Youth Services adjacent to the North Central Correctional	105911
Institution, in the City of Marion, County of Marion, State of	105912
Ohio, the land situated thereon, and any surrounding land.	105913

In preparing the deed, the Auditor of State, with the	105914
assistance of the Attorney General, shall develop a legal	105915
description of the property in conformity with the actual bounds	105916
of the real estate.	105917

(3) Consideration for conveyance of the real estate shall be	105918
set forth in the contract awarded to the grantee and shall be paid	105919
in accordance with the terms of the contract.	105920

(4)(a) The deed may contain any restriction that the Director	105921
of Administrative Services and the Director of Rehabilitation and	105922
Correction determine is reasonably necessary to protect the	105923
state's interest in neighboring state-owned land.	105924

(b) The deed also shall contain restrictions prohibiting the	105925
grantee from:	105926

(i) Using, developing, or selling the real estate, or the	105927
correctional facility thereon, except in conformance with the	105928
restriction, or if the use, development, or sale will interfere	105929
with the quiet enjoyment of the neighboring state-owned land; and	105930

(ii) Using the real estate for any use other than as a	105931
correctional institution.	105932

(5) The real estate shall be sold as an entire tract and not	105933
in parcels.	105934

(6) Upon payment of the purchase price as set forth in the	105935
contract awarded to the grantee, the Auditor of State, with the	105936
assistance of the Attorney General, shall prepare a deed to the	105937
real estate. The deed shall state the consideration and	105938
restrictions and shall be executed by the Governor in the name of	105939
the state, countersigned by the Secretary of State, sealed with	105940
the Great Seal of the State, presented in the Office of the	105941
Auditor of State for recording, and delivered to the grantee. The	105942
grantee shall present the deed for recording in the Office of the	105943
Marion County Recorder.	105944

(7) The grantee shall pay all costs associated with the	105945
purchase and conveyance of the real estate, including recordation	105946
costs of the deed.	105947

(8) The proceeds of the conveyance of the real estate shall	105948
be deposited into the State Treasury to the credit of the Adult	105949
and Juvenile Correctional Facilities Bond Retirement Fund and	105950
shall be used to retire bonds in accordance with section 5120.092	105951
of the Revised Code, and any remaining moneys shall be transferred	105952
in accordance with that section to the General Revenue Fund.	105953

(9) Division (G) of this section does not restrict the	105954
Department of Rehabilitation and Correction from contracting, not	105955
for the sale of, but only for the private operation and management	105956
of the vacated correctional facility, previously operated by the	105957
Department of Youth Services adjacent to the North Central	105958
Correctional Institution.	105959

(10) Division (G) of this section expires two years after its	105960
effective date.	105961

Section 753.20. (A) The Governor is authorized to execute a	105962
deed in the name of the state conveying to the Ripley Union Lewis	105963
Huntington School District, its successors and assigns, all of the	105964
state's right, title, and interest in the following described real	105965
estate:	105966

I	105967

Starting at a 5/8" iron pin found on the southerly	105968
right-of-way line of Outer Drive, the northeasterly line of Edward	105969
and Eva K. Farnbach and Michael S. Pfeffer, Trustee at the	105970
northwesterly corner of L.J. Germann's Addition as recorded in	105971
Plat Book C-3, page 204, slide 213 in the Brown County, Ohio	105972
Recorder's Office;	105973

Thence with the southerly right-of-way line of said Outer	105974
Drive and with the northerly line of said Farnbach and Pfeffer for	105975
the next four (4) courses;	105976

South 63 degrees 34 minutes 18 seconds West a distance of	105977
24.20 feet;	105978

South 79 degrees 33 minutes 23 seconds West a distance of	105979
92.60 feet;	105980

South 75 degrees 58 minutes 20 seconds West a distance of	105981
347.02 feet;	105982

South 84 degrees 53 minutes 30 seconds West a distance of	105983
10.54 feet;	105984

Thence with a line through the land of said Farnbach and	105985
Pfeffer for the next two (2) courses:	105986

South 21 degrees 11 minutes 23 seconds West a distance of	105987
43.58 feet;	105988

South 0 degrees 25 minutes 20 seconds West a distance of	105989
586.49 feet to a point on the southerly line of said Farnbach and	105990
Pfeffer and on the northerly line of Michael Ray Schwallie;	105991

Thence with a line through the land of said Schwallie for the	105992
next two (2) courses:	105993

South 0 degrees 25 minutes 20 seconds West a distance of	105994
227.62 feet;	105995

South 35 degrees 47 minutes 10 seconds East a distance of	105996
523.46 feet to a point on the southerly line of said Schwallie and	105997
on the northerly line of the State of Ohio;	105998

Thence with a line through the land of said State of Ohio	105999
three (3) courses:	106000

South 35 degrees 47 minutes 10 seconds East a distance of	106001
29.17 feet;	106002

South 6 degrees 22 minutes 58 seconds West a distance of	106003
29.21 feet;	106004

South 51 degrees 22 minutes 58 seconds West a distance of	106005
583.46 feet and the true point of beginning;	106006

Thence from said true point of beginning and through the land	106007
of said State of Ohio for the next five (5) courses:	106008

On a curve to the left having a radius of 300.00 feet, an	106009
interior angle of 37 degrees 00 minutes 54 seconds, an arc length	106010
of 193.81 feet, a chord bearing of South 76 degrees 58 minutes 37	106011
seconds East for a chord length of 190.46 feet;	106012

South 58 degrees 28 minutes 11 seconds East a distance of	106013
284.98 feet;	106014

On a curve to the left having a radius of 300.00 feet, an	106015
interior angle of 180 degrees 00 minutes 00 seconds, an arc length	106016
of 942.48 feet, a chord bearing of South 31 degrees 31 minutes 49	106017
seconds West for a chord length of 600.00 feet;	106018

North 58 degrees 28 minutes 11 seconds West a distance of	106019
284.98 feet;	106020

On a curve to the right having a radius of 300.00 feet, an	106021
interior angle of 142 degrees 59 minutes 08 seconds, an arc length	106022
of 748.67 feet, a chord bearing of North 13 degrees 01 minutes 23	106023
seconds East for a chord length of 568.97 feet and CONTAINING	106024
3.925 Acres	106025

This description was prepared by Christopher S. Renshaw,	106026
P.S., Ohio Registration No. 8319 on 16 October 2009.	106027

II	106028

Starting at 5/8" iron pin found on the southerly right-of-way	106029
line of Outer Drive, the northeasterly corner of Edward and Eva K.	106030
Farnbach and Michael S. Pfeffer, Trustee at the northwesterly	106031
corner of L.J. Germann's Addition as recorded in Plat Book C-3,	106032
page 204, slide 213 in the Brown County, Ohio Recorder's Office;	106033

Thence with the southerly right-of-way line of Outer Drive	106034
and with the northerly line of Edward and Eva K. Farnbach, etal	106035
for the next three (3) courses:	106036

South 63 degrees 34 minutes 18 seconds West a distance of	106037
24.20 feet;	106038

South 79 degrees 33 minutes 23 seconds West a distance of	106039
92.60 feet;	106040

South 75 degrees 58 minutes 20 seconds West a distance of	106041
340.45 feet;	106042

Thence through the land of said Farnbach for the next two (2)	106043
courses:	106044

South 21 degrees 11 minutes 23 seconds West a distance of	106045
49.42 feet;	106046

South 0 degrees 25 minutes 20 seconds West a distance of	106047
571.70 feet to a point on the southerly line of said Farnbach and	106048
on the northerly line of Michael Ray Schwallie;	106049

Thence through the land of said Schwallie for the next two	106050
(2) courses:	106051

South 0 degrees 25 minutes 20 seconds West a distance of	106052
234.76 feet;	106053

South 35 degrees 47 minutes 10 seconds East a distance of	106054
518.08 feet to a point on the southerly line of said Schwallie and	106055
on the northerly line of the State of Ohio and the true point of	106056
beginning; said point being on the easterly line of said real	106057
estate;	106058

Thence from said the true point of beginning and with a line	106059
through the land of said State of Ohio seven (7) courses:	106060

South 35 degrees 47 minutes 10 seconds East a distance of	106061
35.43 feet;	106062

South 6 degrees 22 minutes 58 seconds West a distance of	106063
41.21 feet;	106064

South 51 degrees 22 minutes 58 seconds West a distance of	106065
568.72 feet;	106066

On a curve to the left having a radius of 300.00 feet, an	106067
interior angle of 20 degrees 37 minutes 27 seconds, an arc length	106068
of 107.99 feet, a chord bearing of South 79 degrees 07 minutes 37	106069
seconds West for a chord length of 107.41 feet;	106070

North 51 degrees 22 minutes 58 seconds East a distance of	106071
643.06 feet;	106072

North 6 degrees 22 minutes 57 seconds East a distance of 1.22	106073
feet;	106074

North 35 degrees 47 minutes 10 seconds West a distance of	106075
14.58 feet to a point on the southerly line of said Schwallie and	106076
on the northerly line of said State of Ohio;	106077

Thence with the southerly line of said Schwallie and on the	106078
northerly line of said State of Ohio North 52 degrees 24 minutes	106079
43 seconds East a distance of 50.02 feet to the place of beginning	106080
and CONTAINING 0.740 Acres.	106081

This description was prepared by Christopher S. Renshaw,	106082
P.S., Ohio Registration No. 8319 on 16 October 2009.	106083

III	106084

Starting at a 5/8" iron pin found on the southerly	106085
right-of-way line of Outer Drive, the northeasterly corner of	106086
Edward and Eva K. Farnbach and Michael S. Pfeffer, Trustee at the	106087
northwesterly corner of L.J. Germann's Addition as recorded in	106088
Plat Book C-3, page 204, slide 213 in the Brown County, Ohio	106089
Recorder's Office;	106090

Thence with the southerly right-of-way line of said Outer	106091
Drive and with the northerly line of said Farnbach and Pfeffer for	106092
the next four (4) courses:	106093

South 63 degrees 34 minutes 18 seconds West a distance of	106094
24.20 feet;	106095

South 79 degrees 33 minutes 23 seconds West a distance of	106096
92.60 feet;	106097

South 75 degrees 58 minutes 20 seconds West a distance of	106098
347.02 feet;	106099

South 84 degrees 53 minutes 30 seconds West a distance of	106100
10.54 feet;	106101

Thence with a line through the land of said Farnbach and	106102
Pfeffer for the next two (2) courses:	106103

South 21 degrees 11 minutes 23 seconds West a distance of	106104
43.58 feet;	106105

South 0 degrees 25 minutes 20 seconds West a distance of	106106
586.49 feet to a point on the southerly line of said Farnbach	106107
Pfeffer and on the northerly line of Michael Ray Schwallie;	106108

Thence with a line through the land of said Schwallie for the	106109
next two (2) courses:	106110

South 0 degrees 25 minutes 20 seconds West a distance of	106111
227.62 feet;	106112

South 35 degrees 47 minutes 10 seconds East a distance of	106113
523.46 feet to a point on the southerly line of said Schwallie and	106114
on the northerly line of the State of Ohio and the true point of	106115
beginning, said beginning point being on the easterly line of said	106116
real estate;	106117

Thence from said the true point of beginning and with a line	106118
through the land of said State of Ohio seven (7) courses:	106119

South 35 degrees 47 minutes 10 seconds East a distance of	106120
29.17 feet;	106121

South 6 degrees 22 minutes 58 seconds West a distance of	106122
29.21 feet;	106123

South 51 degrees 22 minutes 58 seconds West a distance of	106124
583.46 feet;	106125

On a curve to the left having a radius of 300.00 feet, an	106126
interior angle of 7 degrees 49 minutes 53 seconds, an arc length	106127
of 41.01 feet, a chord bearing of South 80 degrees 35 minutes 59	106128
seconds West for a chord length of 40.97 feet;	106129

North 51 degrees 22 minutes 58 seconds East a distance of	106130
610.94 feet;	106131

North 6 degrees 22 minutes 58 seconds East a distance of	106132
13.22 feet;	106133

North 35 degrees 47 minutes 10 seconds West a distance of	106134
20.83 feet to a point on the southerly line of said Schwallie and	106135
on the northerly line of said State of Ohio;	106136

Thence with the southerly line of said Schwallie and on the	106137
northerly line of said State of Ohio North 52 degrees 24 minutes	106138
43 seconds East a distance of 20.01 feet to the place of beginning	106139
and CONTAINING 0.295 Acres.	106140

This description was prepared by Christopher S. Renshaw,	106141
P.S., Ohio Registration No. 8319 on 16 October 2009.	106142

IV	106143

Starting at a spike found in the centerline of U.S. Route No.	106144
52, 62 & 68, at the southeasterly corner of Surgical Appliance	106145
Industries, Inc.'s 2.00 Acre tract as recorded in Deed Book 164,	106146
page 778 in the Brown County, Ohio Recorder's Office;	106147

Thence with the line of said Surgical Appliance Industries,	106148
Inc. South 52 degrees 38 minutes 52 seconds West a distance of	106149
80.00 feet to a point on the on the southerly right-of-way line of	106150
said U.S. Route No. 52, 62 & 68;	106151

Thence with the southerly right-of-way line of said U.S.	106152
Route No. 52, 62 & 68 South 36 degrees 23 minutes 01 seconds East	106153
a distance of 19.72 feet to the true point of beginning;	106154

South 52 degrees 41 minutes 03 seconds West a distance of	106155
260.37 feet;	106156

South 49 degrees 59 minutes 41 seconds West a distance of	106157
179.65 feet;	106158

On a curve to the left having a radius of 200.00 feet, an	106159
interior angle of 43 degrees 45 minutes 50 seconds, an arc length	106160
of 152.76 feet, a chord bearing of South 28 degrees 06 minutes 46	106161
seconds West for a chord length of 149.08 feet;	106162

South 6 degrees 13 minutes 51 seconds West a distance of	106163
204.40 feet;	106164

On a curve to the left having a radius of 100.00 feet, an	106165
interior angle of 44 degrees 44 minutes 55 seconds, an arc length	106166
of 78.10 feet, a chord bearing of South 16 degrees 08 minutes 36	106167
seconds East for a chord length of 76.13 feet;	106168

South 38 degrees 31 minutes 04 seconds East a distance of	106169
266.21 feet;	106170

On a curve to the left having a radius of 50.00 feet, an	106171
interior angle of 53 degrees 35 minutes 34 seconds, an arc length	106172
of 46.77 feet, a chord bearing of South 65 degrees 18 minutes 51	106173
seconds East for a chord length of 45.08 feet;	106174

North 87 degrees 53 minutes 23 seconds East a distance of	106175
6.15 feet;	106176

On a curve to the right having a radius of 12.50 feet, an	106177
interior angle of 143 degrees 13 minutes 01 seconds, an arc length	106178
of 31.25 feet, a chord bearing of South 20 degrees 30 minutes 07	106179
seconds East for a chord length of 23.72;	106180

South 51 degrees 40 minutes 10 seconds West a distance of	106181
345.58 feet;	106182

On a curve to the left having a radius of 125.00 feet, an	106183
interior angle of 43 degrees 33 minutes 25 seconds, an arc length	106184
of 95.03 feet, a chord bearing of South 29 degrees 53 minutes 28	106185
seconds West for a chord length of 92.75 feet;	106186

South 8 degrees 06 minutes 45 seconds West a distance of	106187
65.53 feet;	106188

On a curve to the right have a radius of 63.00 feet, an	106189
interior angle of 91 degrees 48 minutes 38 seconds, an arc length	106190
of 100.95 feet, a chord bearing of South 54 degrees 01 minutes 04	106191
seconds West for a chord length of 90.49 feet;	106192

North 80 degrees 04 minutes 37 seconds West a distance of	106193
579.25 feet;	106194

On a curve to the right having a radius of 150.00 feet, an	106195
interior angle of 26 degrees 20 minutes 16 seconds, an arc length	106196
of 68.95 feet, a chord bearing of North 66 degrees 54 minutes 29	106197
seconds West for a chord length of 68.35 feet;	106198

North 53 degrees 44 minutes 21 seconds West a distance of	106199
229.52 feet;	106200

North 46 degrees 10 minutes 36 seconds West a distance of	106201
25.00 feet;	106202

North 52 degrees 49 minutes 16 seconds West a distance of	106203
55.12 feet;	106204

On a curve to the left having a radius of 205.00 feet, an	106205
interior angle of 75 degrees 47 minutes 45 seconds, an arc length	106206
of 271.19 feet, a chord bearing of South 89 degrees 16 minutes 52	106207
seconds West for a chord length of 251.85 feet;	106208

South 51 degrees 22 minutes 58 seconds West a distance of	106209
139.29 feet;	106210

On a curve to the left having a radius of 55.00 feet, an	106211
interior angle of 105 degrees 02 minutes 01 seconds, an arc length	106212
of 100.83 feet, a chord bearing of South 01 degrees 08 minutes 03	106213
seconds East for a chord length of 87.29 feet;	106214

South 53 degrees 39 minutes 03 seconds East a distance of	106215
447.62 feet;	106216

North 53 degrees 39 minutes 03 seconds West a distance of	106217
447.62 feet;	106218

On a curve to the right having a radius of 55.00 feet, an	106219
interior angle of 105 degrees 02 minutes 01 seconds, an arc length	106220
of 100.83 feet, a chord bearing of North 01 degrees 08 minutes 03	106221
seconds West for a chord length of 87.29 feet;	106222

North 51 degrees 22 minutes 58 seconds East a distance of	106223
139.29 feet;	106224

On a curve to the right having a radius of 205.00 feet, an	106225
interior angle of 75 degrees 47 minutes 45 seconds, an arc length	106226
of 271.19 feet, a chord bearing of North 89 degrees 16 minutes 52	106227
seconds East for a chord length of 251.85 feet;	106228

South 52 degrees 49 minutes 16 seconds East a distance of	106229
55.12 feet;	106230

South 46 degrees 10 minutes 36 seconds East a distance of	106231
25.00 feet;	106232

South 53 degrees 44 minutes 21 seconds East a distance of	106233
229.52 feet;	106234

On a curve to the left having a radius of 150.00 feet, an	106235
interior angle of 26 degrees 20 minutes 16 seconds, an arc length	106236
of 68.95 feet, a chord bearing of South 66 degrees 54 minutes 29	106237
seconds East for a chord length of 68.35 feet;	106238

South 80 degrees 04 minutes 37 seconds East a distance of	106239
579.25 feet;	106240

On a curve to the left having a radius of 63.00 feet, an	106241
interior angle of 91 degrees 48 minutes 38 seconds, an arc length	106242
of 100.95 feet, a chord bearing of North 54 degrees 01 minutes 04	106243
seconds East for a chord length of 90.49 feet;	106244

North 8 degrees 06 minutes 45 seconds East a distance of	106245
65.53 feet;	106246

On a curve to the right having a radius of 125.00 feet, an	106247
interior angle of 43 degrees 33 minutes 25 seconds, an arc length	106248
of 95.03 feet, a chord bearing of North 29 degrees 53 minutes 28	106249
seconds East for a chord length of 92.75 feet;	106250

North 51 degrees 40 minutes 10 seconds East a distance of	106251
345.58 feet;	106252

North 51 degrees 06 minutes 24 seconds East a distance of	106253
242.53 feet;	106254

On a curve to the left having a radius of 75.00 feet, an	106255
interior angle of 89 degrees 40 minutes 16 seconds, an arc length	106256
of 117.38 feet, a chord bearing of North 06 degrees 16 minutes 16	106257
seconds East for a chord length of 105.76 feet;	106258

North 38 degrees 33 minutes 52 seconds West a distance of	106259
100.75 feet;	106260

North 53 degrees 36 minutes 14 seconds East a distance of	106261
396.32 feet.	106262

This description was prepared by Christopher S. Renshaw,	106263
P.S., Ohio Registration No. 8319 on 16 October 2009.	106264

(B) Consideration for conveyance of the real estate is the	106265
mutual benefit accruing to the state and the Ripley Union Lewis	106266
Huntington School District from the use of the real estate so that	106267
a water well may be constructed and operated.	106268

(C) The Ripley Union Lewis Huntington School District shall	106269
use the real estate to construct and operate a water well. If the	106270
Ripley Union Lewis Huntington School District ceases to use the	106271
real estate to construct and operate a water well, all right,	106272
title, and interest in the real estate immediately reverts to the	106273
state without the need for any further action by the state.	106274

(D) The Ripley Union Lewis Huntington School District shall	106275
pay the costs of the conveyance.	106276

(E) Within thirty days after the effective date of this	106277
section, the Auditor of State, with the assistance of the Attorney	106278
General, shall prepare a deed to the real estate. The deed shall	106279
state the consideration and the condition. The deed shall be	106280
executed by the Governor in the name of the state, countersigned	106281
by the Secretary of State, sealed with the Great Seal of the	106282
State, presented in the office of the Auditor of State for	106283
recording, and delivered to the Ripley Union Lewis Huntington	106284
School District. The Ripley Union Lewis Huntington School District	106285
shall present the deed for recording in the office of the Brown	106286
County Recorder.	106287

(F) This section expires one year after its effective date.

106288

Section 753.30. (A)(1) The Director of Administrative	106289
Services and the Director of Youth Services are hereby authorized	106290
to award a contract through a request for proposals for the	106291
operation and management as an adult or juvenile correctional	106292
facility of any facility under the management and control of the	106293
Department of Youth Services following the closure of that	106294
facility and for the transfer of the state's right, title, and	106295
interest in the real property on which the facility is situated	106296
and in any surrounding land. The section applies only to	106297
facilities that are closed before January 1, 2012.	106298

(2) A contract awarded under this section shall include the	106299
requirements, statements, and authorizations that must be included	106300
in a contract pursuant to section 9.06 or 9.07 of the Revised	106301
Code, whichever is applicable. If neither section 9.06 nor 9.07 of	106302
the Revised Code applies to the purposes for which the facility	106303
will be used, the contract shall include requirements, statements,	106304
and authorizations similar to those listed in section 9.06 or 9.07	106305
of the Revised Code but adapted to those purposes. The contract	106306
shall also include all of the following:	106307

(a) An agreement for the sale to the contractor of the	106308
state's right, title, and interest in the facility, the land	106309
situated thereon, and specified surrounding land;	106310

(b) A requirement that the contractor provide preferential	106311
hiring treatment to employees or former employees of the	106312
Department of Youth Services in order to retain or rehire staff	106313
displaced as a result of the closure of the facility and the	106314
transition of the operation and management of the facility and to	106315
meet the administrative, programmatic, maintenance, and security	106316
needs of the facility;	106317

(c) Notwithstanding any provision of the Revised Code,	106318
authorization for the transfer to the contractor of any supplies,	106319
equipment, furnishings, fixtures, or other assets considered	106320
necessary by the Director of Youth Services and the Director of	106321
Administrative Services for the operation and management of the	106322
facility;	106323

(d) Plans for the operation and management of the facility or	106324
the disposition of the facility's employees and prisoners upon	106325
termination of the contract or the bankruptcy or financial	106326
insolvency of the contractor.	106327

(3) If the Director of Administrative Services and the	106328
Director of Youth Services award a contract under this section,	106329
notwithstanding any provision of the Revised Code, the state may	106330
transfer to the contractor in accordance with the contract any	106331
supplies, equipment, furnishings, fixtures, or other assets	106332
considered necessary by the Director of Youth Services and the	106333
Director of Administrative Services for the operation and	106334
management of the facility. For purposes of this paragraph and the	106335
transfer authorized under this paragraph, any such supplies,	106336
equipment, furnishings, fixtures, or other assets shall not be	106337
considered supplies, excess supplies, or surplus supplies as	106338
defined in section 125.12 of the Revised Code and may be disposed	106339
of as part of the transfer of the facility to the contractor.	106340

(B)(1) In preparing the deed, the Auditor of State, with the	106341
assistance of the Attorney General, shall develop a legal	106342
description of the property in conformity with the actual bounds	106343
of the real estate. The grantee named in the deed shall be the	106344
contractor to whom the contract is awarded under this section.	106345

(2) Consideration for conveyance of the real estate shall be	106346
set forth in the contract awarded to the contractor and shall be	106347
paid in accordance with the terms of the contract.	106348

(3)(a) The deed may contain any restriction that the Director	106349
of Administrative Services and the Director of Youth Services	106350
determine is reasonably necessary to protect the state's interest	106351
in neighboring state-owned land.	106352

(b) The deed also shall contain restrictions prohibiting the	106353
grantee from:	106354

(i) Using, developing, or selling the real estate, or the	106355
correctional facility thereon, except in conformance with the	106356
restriction, or if the use, development, or sale will interfere	106357
with the quiet enjoyment of the neighboring state-owned land;	106358

(ii) Using the real estate for any use other than as a	106359
correctional institution.	106360

(4) The real estate shall be sold as an entire tract and not	106361
in parcels.	106362

(5) Upon payment of the purchase price as set forth in the	106363
contract, the Auditor of State, with the assistance of the	106364
Attorney General, shall prepare a deed to the real estate. The	106365
deed shall state the consideration and restrictions and shall be	106366
executed by the Governor in the name of the state, countersigned	106367
by the Secretary of State, sealed with the Great Seal of the	106368
State, presented in the Office of the Auditor of State for	106369
recording, and delivered to the grantee. The grantee shall present	106370
the deed for recording in the office of the recorder of the county	106371
in which the facility is located.	106372

(6) The grantee shall pay all costs associated with the	106373
purchase and conveyance of the real estate, including the costs of	106374
recording the deed.	106375

(7) The proceeds of the conveyance of the real estate shall	106376
be deposited into the State Treasury to the credit of the Adult	106377
and Juvenile Correctional Facilities Bond Retirement Fund and	106378
shall be used to retire bonds in accordance with section 5120.092	106379
of the Revised Code, and any remaining moneys shall be transferred	106380
in accordance with that section to the General Revenue Fund.	106381

106382

Section 755.10. The Director of Transportation may enter into	106383
agreements as provided in this section with the United States or	106384
any department or agency of the United States, including, but not	106385
limited to, the United States Army Corps of Engineers, the United	106386
States Forest Service, the United States Environmental Protection	106387
Agency, and the United States Fish and Wildlife Service. An	106388
agreement entered into pursuant to this section shall be solely	106389
for the purpose of dedicating staff to the expeditious and timely	106390
review of environmentally related documents submitted by the	106391
Director of Transportation, as necessary for the approval of	106392
federal permits. The agreements may include provisions for advance	106393
payment by the Director of Transportation for labor and all other	106394
identifiable costs of the United States or any department or	106395
agency of the United States providing the services, as may be	106396
estimated by the United States, or the department or agency of the	106397
United States. The Director shall submit a request to the	106398
Controlling Board indicating the amount of the agreement, the	106399
services to be performed by the United States or the department or	106400
agency of the United States, and the circumstances giving rise to	106401
the agreement.	106402

Section 757.10. ADJUSTMENT TO LOCAL GOVERNMENT DISTRIBUTIONS

106403

(A) On or before the tenth day of each month of the period	106404
beginning August 1, 2011, and ending June 30, 2013, the Tax	106405
Commissioner shall determine and certify to the Director of Budget	106406
and Management the amount to be credited during that month to the	106407
Local Government Fund and Public Library Fund pursuant to	106408
divisions (B) to (D) of this section.	106409

(B) Notwithstanding any provision of section 131.51 of the	106410
Revised Code to the contrary, for each month in the period	106411
beginning August 1, 2011, and ending June 30, 2013:	106412

(1) The amount credited first to the Local Government Fund	106413
shall be according to the schedule in division (C) of this	106414
section;	106415

(2) The amount credited next to the Public Library Fund shall	106416
be according to the schedule in division (D) of this section.	106417

(C) Pursuant to division (B)(1) of this section, amounts	106418
shall be credited from revenue arising from the personal income	106419
tax levied under Chapter 5747. of the Revised Code to the Local	106420
Government Fund, as follows:	106421

(1) In August 2011, seventy-five per cent of the amount	106422
credited in August 2010; in August 2012, fifty per cent of the	106423
amount credited in August 2010;	106424

(2) In September 2011, seventy-five per cent of the amount	106425
credited in September 2010; in September 2012, fifty per cent of	106426
the amount credited in September 2010;	106427

(3) In October 2011, seventy-five per cent of the amount	106428
credited in October 2010; in October 2012, fifty per cent of the	106429
amount credited in October 2010;	106430

(4) In November 2011, seventy-five per cent of the amount	106431
credited in November 2010; in November 2012, fifty per cent of the	106432
amount credited in November 2010;	106433

(5) In December 2011, seventy-five per cent of the amount	106434
credited in December 2010; in December 2012, fifty per cent of the	106435
amount credited in December 2010;	106436

(6) In January 2012, seventy-five per cent of the amount	106437
credited in January 2011; in January 2013, fifty per cent of the	106438
amount credited in January 2011;	106439

(7) In February 2012, seventy-five per cent of the amount	106440
credited in February 2011; in February 2013, fifty per cent of the	106441
amount credited in February 2011;	106442

(8) In March 2012, seventy-five per cent of the amount	106443
credited in March 2011; in March 2013, fifty per cent of the	106444
amount credited in March 2011;	106445

(9) In April 2012, seventy-five per cent of the amount	106446
credited in April 2011; in April 2013, fifty per cent of the	106447
amount credited in April 2011;	106448

(10) In May 2012, seventy-five per cent of the amount	106449
credited in May 2011; in May 2013, fifty per cent of the amount	106450
credited in May 2011;	106451

(11) In June 2012, seventy-five per cent of the amount	106452
credited in June 2011; in June 2013, fifty per cent of the amount	106453
credited in June 2011;	106454

(12) In July 2012, fifty per cent of the amount credited in	106455
July 2010.	106456

(D) Pursuant to division (B)(2) of this section, amounts	106457
shall be credited from revenue arising from the kilowatt-hour tax	106458
and sales tax levied under section 5727.81 or 5739.02 of the	106459
Revised Code, respectively, to the Public Library Fund as follows:	106460

(1) In August 2011 and in August 2012, ninety-five per cent	106461
of the amount credited in August 2010;	106462

(2) In September 2011 and in September 2012, ninety-five per	106463
cent of the amount credited in September 2010;	106464

(3) In October 2011 and in October 2012, ninety-five per cent	106465
of the amount credited in October 2010;	106466

(4) In November 2011 and in November 2012, ninety-five per	106467
cent of the amount credited in November 2010;	106468

(5) In December 2011 and in December 2012, ninety-five per	106469
cent of the amount credited in December 2010;	106470

(6) In January 2012 and in January 2013, ninety-five per cent	106471
of the amount credited in January 2011;	106472

(7) In February 2012 and in February 2013, ninety-five per	106473
cent of the amount credited in February 2011;	106474

(8) In March 2012 and in March 2013, ninety-five per cent of	106475
the amount credited in March 2011;	106476

(9) In April 2012 and in April 2013, ninety-five per cent of	106477
the amount credited in April 2011;	106478

(10) In May 2012 and in May 2013, ninety-five per cent of the	106479
amount credited in May 2011;	106480

(11) In June 2012 and in June 2013, ninety-five per cent of	106481
the amount credited in June 2011;	106482

(12) In July 2012, ninety-five per cent of the amount	106483
credited in July 2010.	106484

(E) Notwithstanding any other provision of the Revised Code	106485
to the contrary, the total amount credited to the Local Government	106486
Fund in each month for the period beginning August 1, 2011, and	106487
ending June 30, 2013, shall be distributed by the tenth day of	106488
that month in the following manner:	106489

(1) Each county undivided local government fund shall receive	106490
a distribution from the Local Government Fund based on its	106491
proportionate share of the total amount received from the fund in	106492
that respective month in fiscal year 2011. As used in this	106493
section, "total amount received" does not include payments	106494
received in fiscal year 2011 under division (C) of section 5725.24	106495
of the Revised Code.	106496

(2) Each municipal corporation that received a direct	106497
distribution in fiscal year 2011 from the Local Government Fund	106498
under division (C) of section 5747.50 of the Revised Code shall	106499
receive a distribution based on its proportionate share of the	106500
total amount of direct distributions made to municipal	106501
corporations from the fund in that respective month in fiscal year	106502
2011.	106503

(F) Notwithstanding any other provision of the Revised Code	106504
to the contrary, by the tenth day of each month of the period	106505
beginning July 1, 2011, and ending December 31, 2011, each county	106506
undivided public library fund shall receive a distribution from	106507
the Public Library Fund equal to the product derived by	106508
multiplying the following amounts:	106509

(1) The total amount credited to the Public Library Fund in	106510
that month;	106511

(2) A percentage calculated by multiplying one hundred by the	106512
quotient obtained by dividing the sum of the county's	106513
distributions from the Public Library Fund during calendar year	106514
2010 by the sum of distributions made to all counties from the	106515
Public Library Fund during calendar year 2010.	106516

(G) Notwithstanding any other provision of the Revised Code	106517
to the contrary, by the tenth day of each month of the period	106518
beginning January 1, 2012, and ending June 30, 2013, each county	106519
undivided public library fund shall receive a distribution from	106520
the Public Library Fund equal to the product derived by	106521
multiplying the following amounts:	106522

(1) The total amount credited to the Public Library Fund in	106523
that month;	106524

(2) A percentage calculated by multiplying one hundred by the	106525
quotient obtained by dividing the sum of the county's	106526
distributions from the Public Library Fund during calendar year	106527
2011 by the sum of distributions made to all counties from the	106528
Public Library Fund during calendar year 2011.	106529

(H) For the 2012 and 2013 distribution years, the Tax	106530
Commissioner is not required to issue the certifications otherwise	106531
required by sections 5747.47, 5747.501, and 5747.51 of the Revised	106532
Code, but shall provide to each county auditor by July 20, 2011,	106533
and July 20, 2012, an estimate of the amounts to be received by	106534
the county in the ensuing year from the Public Library Fund and	106535
the Local Government Fund pursuant to this section and any other	106536
section of the Revised Code. The Tax Commissioner may report to	106537
each county auditor additional revised estimates of the 2011,	106538
2012, or 2013 distributions at any time during fiscal years 2012	106539
and 2013.	106540

Section 757.20. A school district, joint vocational school	106541
district, or local taxing unit may appeal a levy classification or	106542
any amount used in the calculation of total resources as defined	106543
under division (A) of section 5727.84 or division (A) of section	106544
5751.20 of the Revised Code. Such an appeal shall be filed in	106545
writing, including via electronic mail, with the Tax Commissioner.	106546
Upon receiving such an appeal, the Tax Commissioner shall make a	106547
determination of the merits of the appeal and, if the appeal is	106548
upheld, make necessary changes within the classifications or	106549
calculations. The determination of the Tax Commissioner is final	106550
and not subject to appeal. After June 30, 2013, no changes shall	106551
be made in the classifications or calculations.	106552

Section 757.30. The Tax Commissioner shall conduct a review	106553
of the operations of the Board of Tax Appeals, and, not later than	106554
November 15, 2011, shall submit a written report to the Governor,	106555
Speaker of the House of Representatives, and President of the	106556
Senate providing an assessment of the Board's operations and	106557
recommendations for improvement. The Tax Commissioner's review	106558
shall include consultation with persons who have participated in	106559
or have had matters before the Board and are familiar with the	106560
Board's operations and procedures. The report shall include	106561
recommendations for improving the appeals process, internal	106562
operations, and other operational matters the Commissioner deems	106563
advisable. The Commissioner may designate an employee of the	106564
Department of Taxation to conduct the review.	106565

Section 757.40. (A) As used in this section:

106566

(1) "Qualifying delinquent taxes" means any tax levied under	106567
Chapters 5733., 5739., 5741., 5747., and 5748. of the Revised	106568
Code, including the taxes levied under sections 5733.41 and	106569
5747.41 of the Revised Code and taxes required to be withheld	106570
under Chapters 5747. and 5748. of the Revised Code, which were due	106571
and payable from any person as of May 1, 2011, were unreported or	106572
underreported, and remain unpaid.	106573

(2) "Qualifying delinquent personal property taxes" means a	106574
tax for which a return was required to be filed under section	106575
5711.02 of the Revised Code for a tax year before 2011.	106576

(3) "Qualifying delinquent taxes" and "qualifying delinquent	106577
personal property taxes" do not include any tax for which a notice	106578
of assessment or audit has been issued, for which a bill has been	106579
issued, which relates to a tax period that ends after the	106580
effective date of this section, or for which an audit has been	106581
conducted or is currently being conducted.	106582

(B) The Tax Commissioner shall establish and administer a tax	106583
amnesty program with respect to qualifying delinquent taxes and	106584
qualifying delinquent personal property taxes. The program shall	106585
commence on January 1, 2012, and shall conclude on February 15,	106586
2012. The Tax Commissioner shall issue forms and instructions and	106587
take other actions necessary to implement the program. The Tax	106588
Commissioner shall publicize the program so as to maximize public	106589
awareness and participation in the program.	106590

(C)(1) During the program, if a person pays the full amount	106591
of qualifying delinquent taxes owed by that person and one-half of	106592
any interest that has accrued as a result of the person failing to	106593
pay those taxes in a timely fashion, the Tax Commissioner shall	106594
waive or abate all applicable penalties and one-half of any	106595
interest that accrued on the qualifying delinquent taxes.	106596

(2) During the program, if a person who owes qualifying	106597
delinquent personal property taxes files a return with the Tax	106598
Commissioner, in the form and manner prescribed by the Tax	106599
Commissioner, listing all taxable property that was required to be	106600
listed on the return required to be filed under section 5711.02 of	106601
the Revised Code, the Tax Commissioner shall issue a preliminary	106602
assessment certificate to the appropriate county auditor. Upon	106603
receiving a preliminary assessment certificate issued by the Tax	106604
Commissioner pursuant to this division, the county auditor shall	106605
compute the amount of qualifying delinquent personal property	106606
taxes owed by the person and shall add to that amount one-half of	106607
the interest prescribed under sections 5711.32 and 5719.041 of the	106608
Revised Code. The county treasurer shall collect the amount of tax	106609
and interest computed by the county auditor under this division by	106610
preparing and mailing a tax bill to the person as prescribed in	106611
section 5711.32 of the Revised Code. If the person pays the full	106612
amount of tax and interest thereon on or before the date shown on	106613
the tax bill, all applicable penalties and one-half of any	106614
interest that accrued on the qualifying delinquent personal	106615
property taxes shall be waived.	106616

(3) Notwithstanding any contrary provision of the Revised	106617
Code, the Tax Commissioner shall not furnish to the county auditor	106618
any information pertaining to the exemption from taxation under	106619
division (C)(3) of section 5709.01 of the Revised Code insofar as	106620
that information pertains to any person who pays qualifying	106621
delinquent personal property taxes under division (C)(2) of this	106622
section.	106623

(D) The Tax Commissioner may require a person participating	106624
in the program to file returns or reports, including amended	106625
returns and reports, in connection with the person's payment of	106626
qualifying delinquent taxes or qualifying delinquent personal	106627
property taxes.	106628

(E) A person who participates in the program and pays in full	106629
any outstanding qualifying delinquent tax or qualifying delinquent	106630
personal property tax and the interest payable on such tax in	106631
accordance with this section shall not be subject to any criminal	106632
prosecution or any civil action with respect to that tax, and no	106633
assessment shall thereafter be issued against that person with	106634
respect to that tax.	106635

(F) Taxes and interest collected under the program shall be	106636
credited to the General Revenue Fund, except that:	106637

(1) Qualifying delinquent taxes levied under section	106638
5739.021, 5739.023, or 5739.026 of the Revised Code shall be	106639
distributed to the appropriate counties and transit authorities in	106640
accordance with section 5739.21 of the Revised Code during the	106641
next distribution required under that section;	106642

(2) Qualifying delinquent taxes levied under section	106643
5741.021, 5741.022, or 5741.023 of the Revised Code shall be	106644
distributed to the appropriate counties and transit authorities in	106645
accordance with section 5741.03 of the Revised Code during the	106646
next distribution required under that section; and	106647

(3) Qualifying delinquent taxes levied under Chapter 5748. of	106648
the Revised Code shall be credited to the school district income	106649
tax fund and then paid to the appropriate school district with the	106650
next payment required under division (D) of section 5747.03 of the	106651
Revised Code.	106652

Section 757.41. Section 757.40 of this act is hereby	106653
repealed, effective February 16, 2012. The repeal of Section	106654
757.40 of this act does not affect, after the effective date of	106655
the repeal, the rights, remedies, or actions authorized under that	106656
section.	106657

Section 757.50. All inheritance tax files that still remain	106658
open under temporary order, or otherwise, for which the "ultimate	106659
succession" pursuant to former sections 5731.28 and 5731.29 of the	106660
Revised Code as those sections existed before their repeal by S.B.	106661
326 of the 107th General Assembly (effective July 1, 1968),	106662
relating to the inheritance tax, has not been finalized and have	106663
not been submitted to the Department of Taxation as explained	106664
below, shall be considered to be closed as of January 1, 2013.	106665

Notwithstanding the former sections of the Revised Code	106666
constituting the Ohio Inheritance Tax as those sections existed	106667
before their repeal by that act, all claims and inquiries must be	106668
received by the Department of Taxation, or postmarked on or	106669
before, December 31, 2012.	106670

Section 801.20. As used in the uncodified law of this act,	106671
"American Recovery and Reinvestment Act of 2009" means the	106672
"American Recovery and Reinvestment Act of 2009," Pub. L. No.	106673
111-5, 123 Stat. 115.	106674

Section 801.30. REVENUE GENERATED BY TRANSFER OF LIQUOR	106675
ENTERPRISE TO JOBSOHIO	106676

The revenue estimates for fiscal year 2012 assume receipt of	106677
$500,000,000 in cash from JobsOhio pursuant to section 4313.02 of	106678
the Revised Code, as enacted by this act, and the transfer of the	106679
enterprise acquisition project authorized therein.	106680

Section 803.30. Upon the effective date of new sections	106681
2151.56, 2151.57, 2151.58, and 2151.59 of the Revised Code as	106682
enacted by this act, the versions of those sections enacted in	106683
Section 101.01 of this act will replace the versions of those	106684
sections, and the versions of sections 2151.60 and 2151.61 of the	106685
Revised Code, in effect on the day immediately preceding that	106686
effective date.	106687

Section 803.40. Sections 121.40, 121.401 to 121.404, 1501.40,	106688
3301.70, 3333.043, and 4503.93 of the Revised Code continue to	106689
operate the same as they did before their amendment by this act,	106690
except for the name of the Ohio Community Service Council being	106691
changed to the Ohio Commission on Service and Volunteerism.	106692

Section 803.50. The amendments to Chapter 349. of the Revised	106693
Code enacted by this act apply to any proceedings commenced after	106694
the amendments' effective date, and, so far as their provisions	106695
support the actions taken, also apply to proceedings that on their	106696
effective date are pending, in progress, or completed,	106697
notwithstanding the applicable law previously in effect or any	106698
provision to the contrary in a prior resolution, ordinance, order,	106699
advertisement, notice, or other proceeding. Any proceedings	106700
pending or in progress on the effective date of those amendments	106701
shall be deemed to have been taken in conformity with the	106702
amendment.	106703

The authority provided in the amendments to Chapter 349. of	106704
the Revised Code of this act provide additional and supplemental	106705
provisions for the subject matter that may also be the subject of	106706
other laws, and is supplemental to and not in derogation of any	106707
similar authority provided by, derived from, or implied by, the	106708
Ohio Constitution, or any other law, including laws amended by	106709
this act, or any charter, order, resolution, or ordinance, and no	106710
inference shall be drawn to negate the authority thereunder by	106711
reason of express provisions contained in the amendments to	106712
Chapter 349. of the Revised Code enacted by this act.	106713

Section 803.60. Section 3903.301 of the Revised Code shall	106714
apply only to formal delinquency proceedings that commence under	106715
sections 3903.01 to 3903.59 of the Revised Code on or after the	106716
effective date of this act.	106717

Section 806.10. The items of law contained in this act, and	106718
their applications, are severable. If any item of law contained in	106719
this act, or if any application of any item of law contained in	106720
this act, is held invalid, the invalidity does not affect other	106721
items of law contained in this act and their applications that can	106722
be given effect without the invalid item of law or application.	106723

Section 809.10. An item of law, other than an amending,	106724
enacting, or repealing clause, that composes the whole or part of	106725
an uncodified section contained in this act has no effect after	106726
June 30, 2013, unless its context clearly indicates otherwise.	106727

Section 812.10. Except as otherwise provided in this act, the	106728
amendment, enactment, or repeal by this act of a section is	106729
subject to the referendum under Ohio Constitution, Article II,	106730
section 1c and therefore takes effect on the ninety-first day	106731
after this act is filed with the Secretary of State or, if a later	106732
effective date is specified below, on that date.	106733

The amendment or repeal of sections 9.231, 9.24, 127.16,	106734
1751.01, 1751.04, 1751.11, 1751.111, 1751.12, 1751.13, 1751.15,	106735
1751.17, 1751.20, 1751.31, 1751.34, 1751.60, 2744.05, 3111.04,	106736
3113.06, 3119.54, 3901.3814, 3923.281, 3963.01, 4731.65, 4731.71,	106737
5101.5211, 5101.5212, 5101.5213, 5101.5214, 5101.5215, 5101.5216,	106738
5101.571, 5101.58, 5111.0112, and 5111.941 of the Revised Code	106739
takes effect October 1, 2011.	106740

The amendment of sections 5707.031, 5725.151, 5725.24, and	106741
5751.011 of the Revised Code takes effect January 1, 2012.	106742

The amendment, enactment, or repeal of sections 3721.16,	106743
5111.709, 5119.221, 5122.02, 5122.27, 5122.271, 5122.29, 5122.32,	106744
5123.092, 5123.35, 5123.60 (5123.601), 5123.601, 5123.602,	106745
5123.603, 5123.604, 5123.605, 5123.61, 5123.63, 5123.64, 5123.69,	106746
5123.701, 5123.86, 5123.99, and 5126.33 of the Revised Code takes	106747
effect October 1, 2012.	106748

Section 812.20. The amendment, enactment, or repeal by this	106749
act of the sections listed below is exempt from the referendum	106750
under Ohio Constitution, Article II, section 1d and section 1.471	106751
of the Revised Code and therefore takes effect immediately when	106752
this act becomes law or, if a later effective date is specified	106753
below, on that date.	106754

Sections 9.06, 111.12, 111.16, 111.18, 111.181, 111.28,	106755
111.29, 117.13, 121.37, 124.09, 124.23, 124.231, 124.25, 124.26,	106756
124.27, 124.31, 125.15, 125.18, 125.213, 125.28, 125.89, 126.04,	106757
126.12, 126.24, 131.44, 131.51, 149.091, 149.11, 149.311, 319.301,	106758
901.09, 924.52, 927.69, 1309.528, 1327.46, 1327.50, 1327.501,	106759
1327.51, 1327.511, 1327.54, 1327.57, 1327.62, 1327.99, 1329.04,	106760
1329.42, 1332.24, 1501.031, 1515.14, 1551.311, 1551.32, 1551.33,	106761
1551.35, 1555.02, 1555.03, 1555.04, 1555.05, 1555.06, 1555.08,	106762
1555.17, 1701.07, 1702.59, 1703.031, 1703.07, 1776.83, 1785.06,	106763
3301.07, 3301.16, 3301.162, 3302.031, 3302.07, 3302.23, 3302.24,	106764
3306.01, 3306.011, 3306.012, 3306.02, 3306.03, 3306.04, 3306.05,	106765
3306.051, 3306.052, 3306.06, 3306.07, 3306.08, 3306.09, 3306.091,	106766
3306.10, 3306.11, 3306.12, 3306.13, 3306.18, 3306.19, 3306.191,	106767
3306.192, 3306.21, 3306.22, 3306.25, 3306.29, 3306.291, 3306.292,	106768
3306.30, 3306.31, 3306.33, 3306.34, 3306.35, 3306.40, 3307.31,	106769
3307.64, 3309.41, 3309.48, 3309.51, 3310.02, 3310.03, 3310.05,	106770
3310.08, 3310.41, 3311.05, 3311.059, 3311.0510, 3311.06, 3311.19,	106771
3311.21, 3311.29, 3311.52, 3311.76, 3313.29, 3313.411, 3313.55,	106772
3313.614, 3313.64, 3313.6410, 3313.843, 3313.88, 3313.978,	106773
3313.981, 3314.015, 3314.019, 3314.06, 3314.08, 3314.085,	106774
3314.087, 3314.088, 3314.091, 3314.10, 3314.35, 3314.38, 3314.402,	106775
3315.01, 3316.041, 3316.06, 3316.20, 3317.01, 3317.011, 3317.013,	106776
3317.014, 3317.016, 3317.017, 3317.018, 3317.02, 3317.021,	106777
3317.022, 3317.023, 3317.024, 3317.025, 3317.0210, 3317.0211,	106778
3317.0212, 3317.0216, 3317.03, 3317.031, 3317.04, 3317.05,	106779
3317.051, 3317.053, 3317.06, 3317.061, 3317.07, 3317.08, 3317.081,	106780
3317.082, 3317.09, 3317.11, 3317.12, 3317.16, 3317.17, 3317.18,	106781
3317.19, 3317.20, 3317.201, 3318.051, 3319.088, 3319.10, 3319.14,	106782
3319.161, 3319.18, 3319.19, 3319.39, 3319.57, 3323.091, 3323.14,	106783
3323.142, 3323.25, 3323.31, 3324.05, 3326.33, 3326.39, 3327.02,	106784
3327.04, 3327.05, 3329.16, 3345.14, 3345.81, 3349.242, 3353.15,	106785
3365.01, 3365.08, 3506.05, 3701.0211, 3704.06, 3704.14, 3734.901,	106786
3745.015, 3745.016, 3793.04, 3793.21, 4115.101, 4117.01, 4117.03,	106787
4117.06, 4141.08, 4141.11, 4301.43, 4511.191, 4725.34, 4733.15,	106788
4733.151, 5111.0122, 5111.0213, 5111.0215, 5111.83, 5111.945,	106789
5112.99, 5112.991, 5120.092, 5123.0419, 5126.0511, 5126.11,	106790
5126.18, 5126.23, 5126.24, 5703.05, 5705.211, 5715.26, 5727.84,	106791
5727.85, 5727.86, 5747.46, 5747.51, 5751.20, 5751.21, 5751.22,	106792
5751.23, and 6109.21.	106793

The amendment, enactment, or repeal of sections 3306.12	106794
(3317.0212), 3318.312, 3326.11, 3721.50, 3721.51, 3721.56,	106795
3721.561 (3721.56), 3721.58, 3722.01 (5119.70), 3722.011	106796
(5119.701), 3722.02 (5119.71), 3722.021 (5119.711), 3722.022	106797
(5119.712), 3722.03 (5119.72), 3722.04 (5119.73), 3722.041	106798
(5119.731), 3722.05 (5119.74), 3722.06 (5119.75), 3722.07	106799
(5119.76), 3722.08 (5119.77), 3722.09 (5119.78), 3722.10	106800
(5119.79), 3722.11 (5119.80), 3722.12 (5119.81), 3722.13	106801
(5119.82), 3722.14 (5119.83), 3722.15 (5119.84), 3722.151	106802
(5119.85), 3722.16 (5119.86), 3722.17 (5119.87), 3722.18	106803
(5119.88), 3722.99, 3769.08, 3769.20, 3769.26, 5111.222, 5111.231,	106804
5111.24, 5111.243, 5111.244, 5111.25, 5111.254, 5112.30, 5112.31,	106805
5112.37, 5112.371, 5112.39, and 5119.99 of the Revised Code takes	106806
effect July 1, 2011.	106807

The amendment of sections 5112.40, 5112.41, and 5112.46 of	106808
the Revised Code takes effect October 1, 2011.	106809

Sections of this act prefixed with section numbers in the	106810
200's, 300's, 400's, 500's, and 600's, except for Sections	106811
309.30.40, 337.30.80, 501.___, 515.20, 690.10, and 690.11 of this	106812
act.	106813

Sections 733.10, 753.10, 757.10, 757.20, and 757.30 of this	106814
act.	106815

Sections 801.20, 812.10, 812.20, and 812.30 of this act.

106816

Section 812.30. The sections that are listed in the left-hand	106817
column of the following table combine amendments by this act that	106818
are and that are not exempt from the referendum under Ohio	106819
Constitution, Article II, sections 1c and 1d and section 1.471 of	106820
the Revised Code.	106821

The middle column identifies the amendments to the listed	106822
sections that are subject to the referendum under Ohio	106823
Constitution, Article II, section 1c and therefore take effect on	106824
the ninety-first day after this act is filed with the Secretary of	106825
State or, if a later effective date is specified, on that date.	106826

The right-hand column identifies the amendments to the listed	106827
sections that are exempt from the referendum under Ohio	106828
Constitution, Article II, section 1d and section 1.471 of the	106829
Revised Code and therefore take effect immediately when this act	106830
becomes law or, if a later effective date is specified, on that	106831
date.	106832

Section of law	Amendments subject to referendum	Amendments exempt from referendum	106833
1551.33	The amendment in division (C) striking through "1551.13,"	All amendments except as described in the middle column	106834
3302.05	The amendment inserting "or from the requirements of sections 3317.14, 3317.141, 3319.08, 3319.11, or 3319.17"	All amendments except as described in the middle column	106835
3313.614	All amendments except as described in the right-hand column	The amendment to division (C)(1)	106836
3314.10	The amendments to divisions (A) and (B)(1)	The amendments to division (B)(2)	106837
3318.032	The amendment inserting "subject to a new project scope and estimated costs under section 3318.054 of the Revised Code,"	1. The amendment striking "one-year" and inserting "thirteen-month" 2. The amendment striking "year" and inserting "period"	106838
3318.05	The amendment inserting ", subject to section 3318.054 of the Revised Code"	The amendment striking "one year" and inserting "thirteen months"	106839
3318.41	The amendments to divisions (D)(2) and (H)	The amendment to division (D)(1)(b)	106840
3319.17	Amendments to divisions (C) and (D)	Amendment to division (A)	106841
3326.11	All amendments except as described in the right-hand column	The amendment adding "3313.88," takes effect July 1, 2011	106842
3722.01 (5119.70)	The amendments to division (A)(13)	All amendments except the amendments to division (A)(13)	106843
3722.04 (5119.73)	The amendments to division (C)	All amendments except the amendments to division (C)	106844
3722.16 (5119.86)	The amendment to division (B)(1)(d)	All amendments except the amendment to division (B)(1)(d)	106845
3734.57	All amendments except amendments to division (A)	Amendments to division (A)	106846
3745.11	The amendment inserting division (S)(3) and amendments in division (S)(1) relating thereto	All amendments except as described in the middle column	106847
4115.10	The amendment in division (A) striking "(1) or (2)"	All amendments except as described in the middle column	106848
4117.01	All amendments except as described in the right-hand column	The amendment to division (B) striking "governing authority of a community school established under Chapter 3314. of the Revised Code;" and adding "or the governing authority of a community school established under Chapter 3314. of the Revised Code"	106849
5111.873	1. The amendment to division (A) that inserts "subject to division (D) of this section" 2. All of division (D)	All amendments except as described in the middle column	106850
5126.05	The amendment to division (D)	The amendment to division (A)(4)	106851

Section 812.40. The amendments to sections 5101.26, 5122.01,	106852
and 5122.31 of the Revised Code are subject to the referendum	106853
under Ohio Constitution, Article II, Section 1c and section 1.471	106854
of the Revised Code, and therefore take effect on the ninety-first	106855
day after this act is filed with the Secretary of State. However:	106856

In section 5101.26 of the Revised Code, the amendment	106857
striking "and 5101.5211 to 5101.5216" takes effect on October 1,	106858
2011;	106859

In section 5122.01 of the Revised Code, the amendment to	106860
division (O) of the section takes effect on October 1, 2012; and	106861

In section 5122.31 of the Revised Code, the amendment to	106862
division (A)(2) of the section takes effect on October 1, 2012.	106863

In section 5123.19 of the Revised Code, the amendment to	106864
division (L) of the section takes effect October 1, 2012.	106865

Section 815.10. In amending divisions (B), (C), (D)(3)(b),	106866
and (E)(4) of section 2929.14, section 2929.19, and section	106867
2929.41 of the Revised Code in this act, it is the intent of the	106868
General Assembly to simultaneously repeal and revive the amended	106869
language in those divisions and sections that was invalidated and	106870
severed by the Ohio Supreme Court's decision in State v. Foster	106871
(2006), 109 Ohio St.3d 1. The amended language in division (E)(4)	106872
of section 2929.14 and in division (A) of section 2929.41 of the	106873
Revised Code clearly is subject to reenactment under the United	106874
States Supreme Court's decision in Oregon v. Ice (2009), 555 U.S.	106875
160, and the Ohio Supreme Court's decision in State v. Hodge	106876
(2010), ___ Ohio St.3d ___, Slip Opinion No. 2010-Ohio-6320 and,	106877
although constitutional under Hodge, supra, that language is not	106878
enforceable until deliberately revived by the General Assembly,	106879
and the amended language in the other provisions arguably also is	106880
subject to reenactment under those decisions if deliberately	106881
revived by the General Assembly.	106882

Section 815.20. The General Assembly, applying the principle	106883
stated in division (B) of section 1.52 of the Revised Code that	106884
amendments are to be harmonized if reasonably capable of	106885
simultaneous operation, finds that the following sections,	106886
presented in this act as composites of the sections as amended by	106887
the acts indicated, are the resulting versions of the sections in	106888
effect prior to the effective date of the sections as presented in	106889
this act:	106890

Section 9.06 of the Revised Code as amended by Am. Sub. H.B.	106891
130 of the 127th General Assembly and Am. Sub. H.B. 1 of the 128th	106892
General Assembly.	106893

Section 121.37 of the Revised Code as amended by Am. Sub.	106894
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	106895

Section 124.23 of the Revised Code as amended by Am. Sub.	106896
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	106897

Section 124.27 of the Revised Code as amended by Am. Sub.	106898
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	106899

Section 124.34 of the Revised Code as amended by Am. Sub.	106900
H.B. 1 and Am. Sub. H.B. 16 of the 128th General Assembly.	106901

Section 127.16 of the Revised Code as amended by Am. Sub.	106902
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	106903

Sections 1923.01 and 1923.02 of the Revised Code as amended	106904
by both Sub. H.B. 56 and Am. Sub. S.B. 10 of the 127th General	106905
Assembly.	106906

Section 2903.33 of the Revised Code as amended by Am. Sub.	106907
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	106908

Section 2929.14 of the Revised Code as amended by Am. Sub.	106909
H.B. 130 and Am. Sub. H.B. 280 of the 127th General Assembly.	106910

Section 3301.07 of the Revised Code as amended by Am. Sub.	106911
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	106912

Section 3313.65 of the Revised Code as amended by Am. Sub.	106913
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	106914

Section 3317.02 of the Revised Code as amended by Am. Sub.	106915
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	106916

Section 3317.024 of the Revised Code as amended by Am. Sub.	106917
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	106918

Section 3317.03 of the Revised Code as amended by Am. Sub.	106919
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	106920

Section 3317.20 of the Revised Code as amended by Am. Sub.	106921
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	106922

Section 3323.091 of the Revised Code as amended by Am. Sub.	106923
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	106924

Section 3323.142 of the Revised Code as amended by Am. Sub.	106925
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	106926

Section 3721.01 of the Revised Code as amended by Am. Sub.	106927
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	106928

Section 3722.01 of the Revised Code as amended by Am. Sub.	106929
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	106930

Section 4115.04 of the Revised Code as amended by Sub. H.B.	106931
443 and Am. Sub. H.B. 699 of the 126th General Assembly.	106932

Section 5111.211 of the Revised Code as amended by Am. Sub.	106933
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	106934

Section 5112.30 of the Revised Code as amended by Am. Sub.	106935
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	106936

Section 5112.37 of the Revised Code as amended by Am. Sub.	106937
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	106938

Section 5123.0413 as amended by Am. Sub. H.B. 1 and Sub. S.B.	106939
79 of the 128th General Assembly.	106940

Section 5123.0417 of the Revised Code as amended by Am. Sub.	106941
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	106942

Section 5123.19 of the Revised Code as amended by Am. Sub.	106943
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	106944

Section 5126.05 of the Revised Code as amended by Am. Sub.	106945
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	106946

Section 5126.054 of the Revised Code as amended by Am. Sub.	106947
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	106948

Section 5126.0512 as amended by Am. Sub. H.B. 1 and Sub. S.B.	106949
79 of the 128th General Assembly.	106950

Section 5126.24 of the Revised Code as amended by Am. Sub.	106951
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	106952

Section 5739.02 of the Revised Code as amended by Am. Sub.	106953
S.B. 181 and Am. Sub. S.B. 232 of the 128th General Assembly.	106954

Section 815.30. The amendment by this act to section 111.15	106955
of the Revised Code does not accelerate the taking effect of the	106956
amendment to that section by S.B. 2 of the 129th General Assembly,	106957
which takes effect January 1, 2012.	106958